Unit 4 AC1.3 Flashcards
What are the 2 types of models of criminal justice
Crime control
Due Process
What is the aim of Due process
To protect the accused from oppression by the state
Presumption of innocence and to produce fairness which protects D’s rights
= Prevent wrongful conviction
What should the Justice do?
inc eg and conclude
Investigate thoroughly
Have legislative obstacles to overcome in case defendant is truly innocent
e.g rules about arrest, legal representation
= Helps a correct and just verdict can be reached
Example of areas of law that support the Due Process Model
Procedures in the Police and Criminal Evidence Act (PACE) 1984
Case example from due process
Thompson v UK
Venables v UK
Murder of James Bulger
For a fair trial they used Human rights law
Link due process to the labelling theory
Since it aims to stop state agencies like the police from oppressing people. It may stop the temptation for the police to act illegally like harassing groups that they label negatively
With due process the police must act lawfully with the procedures they must follow
Link due process to left realism
Police must follow this by acting in a lawful way if they want to fight crime effectively as it depends on how much the community co-operates
What is the aim of crime control
Punish criminals and stop them committing further crimes
What is the process of crime control
Quick and efficient disposal of criminal cases like a conveyor belt
How does crime control view the defendants and police
Presumption of guilt
Trust the police more
What is the focus of crime control
Protecting rights of the victims rather than defendants
Increase power of the police to get a conviction
With crime control what does it mean for wrongful convictions
Few innocent people are convicted by mistake
Therefore its a price worth paying for convicting a large number of guilty people
Link crime control to zero tolerance approach
Does not tell you about the causes of crime and that the crime cannot be deterred through detection and conviction
Example areas of law for crime control
Removal of the ‘double jeopardy’ rule for murder and other serious offences
Extended pre-charge detention time for terrorist offences
Case examples - crime control
Colin Stagg - Police felt the Stagg was guilty and used everything to get a conviction such as undercover police
Link crime control to right realism
It’s a conservative approach to justice and has common right realist theories e.g zero tolerance
Link crime control to functionalism
Durkheim - punishment reinforces society’s moral boundaries since justice punish the guilty
