Unit 4 AC1.3 Describe models of criminal justice Flashcards
What are the two opposed models of criminal justice described by Herbert Packer?
Due process model and Crime Control model.
What is the key idea behind the due process model?
Goal: Protect accused from state oppression.
What is the presumption in the due process model?
Presumed innocent until proven guilty.
Why does the due process model lack faith in the police?
Believes police may be incompetent or dishonest.
How does the due process model protect the rights of the accused?
Through due process rules in investigations and trials.
What is the obstacle course in the due process model?
A system that protects accused rights, requiring prosecution to overcome obstacles for conviction.
What does it mean when the guilty may go free on a technicality in the due process model?
Guilty individuals may be released if illegally obtained evidence is used.
What does the due process model prioritize: accused rights or rights of victim/society?
Accused rights over victim/society.
What is the goal of the crime control model?
Suppression of crime as a threat to freedom.
What is the presumption in the crime control model?
Trusts police to identify guilty individuals through investigations.
How does the crime control model approach the justice system?
Speedy process to prosecute, convict, and punish offenders.
What is the viewpoint of the crime control model regarding convicting innocent people by mistake?
Accepts some innocent convictions as acceptable for convicting the guilty.
What does the crime control model prioritize: suspects’ rights or rights of society/victims?
Rights of society/victims over suspects.
What legal technicalities might supporters of the crime control model want to remove?
Technicalities hindering police investigations.
What is the common goal of both models of criminal justice?
Protecting people’s freedom.
How does the due process model view the role of the state in relation to individual freedom?
State power seen as the greatest threat, protection of accused from oppression.
How does the crime control model view the role of the police in investigating crime?
Trusts police to identify guilty individuals.
What is the primary focus of the due process model?
Safeguarding accused rights and due process rules.
What is the primary focus of the crime control model?
Suppression of crime and punishment of offenders.
How does the due process model view the use of illegally obtained evidence?
Prefers allowing guilty to go free on technicality than convicting the innocent.
What are the two models of criminal justice discussed?
The two models are the crime control model and the due process model.
What is the key idea behind understanding these models?
The key idea is examining the rules and practical workings of the justice system.
How are the rights of individuals protected in the justice system?
Rights are protected through due process rules, excluding illegally obtained evidence.
Can judges admit illegally obtained evidence in court?
Judges may admit such evidence if they believe it helps establish the truth.
How does the small number of appeals against convictions indicate due process?
Few appeals suggest a fair following of due process.
What are some examples of miscarriages of justice?
Examples include cases like Colin Stagg, Sally Clark, the Birmingham Six, and Barry George.
How did the police attempt to convict Colin Stagg?
The police used a honey trap to convict him.
What happened in the case of Sally Clark?
Sally Clark was wrongly convicted for the murder of her two sons.
Who were the Birmingham Six and what happened to them?
The Birmingham Six were wrongfully convicted for the Birmingham pub bombings and later released.
What was the role of the West Midlands Serious Crime Squad?
The squad was involved in malpractice in the Birmingham Six case.
What is an example of evidence of bias by magistrates?
The Bingham Justices case demonstrated bias favoring police officers.
What theory aligns with the crime control model?
Right realism aligns with the crime control model.
Which theory is connected to the functionalist perspective on justice?
Functionalism is connected to the crime control model.
What theory shares similarities with the due process model?
Left realism shares similarities with the due process model.
What is the aim of the labelling theory connected to the due process model?
Labelling theory aims to prevent oppression by state agencies.
How does the due process model protect individuals from state agencies?
It ensures state agencies follow legal procedures, protecting against oppression.
What is the focus of the crime control model in terms of justice?
The focus is on punishment and reinforcing social cohesion.
How does the crime control model view the role of punishment?
Punishment reinforces moral boundaries and societal cohesion.
How does the due process model aim to fight crime effectively?
By following due process without discrimination and gaining community cooperation.
What protection does the due process model provide against police harassment?
It prevents harassment by requiring adherence to legal procedures.
