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New Criminology Flashcards > Unit 4 AC1.3 Describe models of criminal justice > Flashcards

Unit 4 AC1.3 Describe models of criminal justice Flashcards

1
Q

What are the two opposed models of criminal justice described by Herbert Packer?

A

Due process model and Crime Control model.

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2
Q

What is the key idea behind the due process model?

A

Goal: Protect accused from state oppression.

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3
Q

What is the presumption in the due process model?

A

Presumed innocent until proven guilty.

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4
Q

Why does the due process model lack faith in the police?

A

Believes police may be incompetent or dishonest.

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5
Q

How does the due process model protect the rights of the accused?

A

Through due process rules in investigations and trials.

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6
Q

What is the obstacle course in the due process model?

A

A system that protects accused rights, requiring prosecution to overcome obstacles for conviction.

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7
Q

What does it mean when the guilty may go free on a technicality in the due process model?

A

Guilty individuals may be released if illegally obtained evidence is used.

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8
Q

What does the due process model prioritize: accused rights or rights of victim/society?

A

Accused rights over victim/society.

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9
Q

What is the goal of the crime control model?

A

Suppression of crime as a threat to freedom.

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10
Q

What is the presumption in the crime control model?

A

Trusts police to identify guilty individuals through investigations.

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11
Q

How does the crime control model approach the justice system?

A

Speedy process to prosecute, convict, and punish offenders.

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12
Q

What is the viewpoint of the crime control model regarding convicting innocent people by mistake?

A

Accepts some innocent convictions as acceptable for convicting the guilty.

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13
Q

What does the crime control model prioritize: suspects’ rights or rights of society/victims?

A

Rights of society/victims over suspects.

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14
Q

What legal technicalities might supporters of the crime control model want to remove?

A

Technicalities hindering police investigations.

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15
Q

What is the common goal of both models of criminal justice?

A

Protecting people’s freedom.

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16
Q

How does the due process model view the role of the state in relation to individual freedom?

A

State power seen as the greatest threat, protection of accused from oppression.

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17
Q

How does the crime control model view the role of the police in investigating crime?

A

Trusts police to identify guilty individuals.

18
Q

What is the primary focus of the due process model?

A

Safeguarding accused rights and due process rules.

19
Q

What is the primary focus of the crime control model?

A

Suppression of crime and punishment of offenders.

20
Q

How does the due process model view the use of illegally obtained evidence?

A

Prefers allowing guilty to go free on technicality than convicting the innocent.

21
Q

What are the two models of criminal justice discussed?

A

The two models are the crime control model and the due process model.

22
Q

What is the key idea behind understanding these models?

A

The key idea is examining the rules and practical workings of the justice system.

23
Q

How are the rights of individuals protected in the justice system?

A

Rights are protected through due process rules, excluding illegally obtained evidence.

24
Q

Can judges admit illegally obtained evidence in court?

A

Judges may admit such evidence if they believe it helps establish the truth.

25
Q

How does the small number of appeals against convictions indicate due process?

A

Few appeals suggest a fair following of due process.

26
Q

What are some examples of miscarriages of justice?

A

Examples include cases like Colin Stagg, Sally Clark, the Birmingham Six, and Barry George.

27
Q

How did the police attempt to convict Colin Stagg?

A

The police used a honey trap to convict him.

28
Q

What happened in the case of Sally Clark?

A

Sally Clark was wrongly convicted for the murder of her two sons.

29
Q

Who were the Birmingham Six and what happened to them?

A

The Birmingham Six were wrongfully convicted for the Birmingham pub bombings and later released.

30
Q

What was the role of the West Midlands Serious Crime Squad?

A

The squad was involved in malpractice in the Birmingham Six case.

31
Q

What is an example of evidence of bias by magistrates?

A

The Bingham Justices case demonstrated bias favoring police officers.

32
Q

What theory aligns with the crime control model?

A

Right realism aligns with the crime control model.

33
Q

Which theory is connected to the functionalist perspective on justice?

A

Functionalism is connected to the crime control model.

34
Q

What theory shares similarities with the due process model?

A

Left realism shares similarities with the due process model.

35
Q

What is the aim of the labelling theory connected to the due process model?

A

Labelling theory aims to prevent oppression by state agencies.

36
Q

How does the due process model protect individuals from state agencies?

A

It ensures state agencies follow legal procedures, protecting against oppression.

37
Q

What is the focus of the crime control model in terms of justice?

A

The focus is on punishment and reinforcing social cohesion.

38
Q

How does the crime control model view the role of punishment?

A

Punishment reinforces moral boundaries and societal cohesion.

39
Q

How does the due process model aim to fight crime effectively?

A

By following due process without discrimination and gaining community cooperation.

40
Q

What protection does the due process model provide against police harassment?

A

It prevents harassment by requiring adherence to legal procedures.

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