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WJEC Level 3 Criminology (KEDST 2023/24). > 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 2 models of Criminal Justice?

[AC1.3]

A
  1. The Crime Control Model (CCM).
  2. The Due Process Model (DPM).

[AC1.3]

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2
Q

Who created the CCM & DPM and when?

[AC1.3]

  • CCM - Crime Control Model.
  • DPM - Due Process Model.
A

Herbert Packer (a professor of criminology and law) in 1968.

[AC1.3]

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3
Q

What were the 2 competing systems of values which Herber Packer considered to be most important in crime control?

[AC1.3]

A
  • Efficient supression of crime and maintenance of public order.
    VS
  • Protection of rights and fair delivery of justice.

[AC1.3]

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4
Q

What is Functionalism?

[AC1.3]

BM?

A

Crime is seen as a function within society for social control to take place. Boundary Maintenance allows the government to maintain people within the boundaries of the law.

[AC1.3]

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5
Q

What model does Functionalism link to and why?

[AC1.3]

A

The Crime Control Model (CCM) because punishment reinforces moral boundaries - reminds people of what is right and wrong. The main function of justice is to punish the guilty which allows society to express its moral outrage & strengthen social cohesion.

[AC1.3]

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6
Q

What is Interactionalism/ Labelling Theory?

[AC1.3]

A

Those who commit acts of crime and/or deviance tend to adopt a master status as a result of the self-fulfilling prophecy - after being labelled as a ‘deviant’, they tend to lean into the label and become repeat offenders.

[AC1.3]

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7
Q

Which model does Interactionism/ Labelling Theory link to and why?

[AC1.3]

A

The Due Process Model (DPM) because it aims to stop the police from oppressing people. The police might be tempted to act illegally and target groups labelled as ‘typical criminals’. This model offers protection against this as it required police to follow the law and not exceed their powers.

[AC1.3]

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8
Q

What is Left Realism?

[AC1.3]

A

Left realists believe the main causes of crime are marginalisation, relative deprivation and subcultures, and emphasise community oriented programmes for controlling and reducing crime.

[AC1.3]

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9
Q

Which model does Left Realism link to and why?

[AC1.3]

A

The Due Process Model (DPM) because they argue policing of poor areas can trigger confrontations and stops people wanting to assist police. In this view, police must follow DP by acting lawful and non-discriminatory if they want to fight crime effectively.

[AC1.3]

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10
Q

What is Right Realism?

[AC1.3]

A

Right Realism believes individuals make a rational choice to commit crime due to them wanting to live more comfortably and obtain higher statuses. It also emphasises tough control measures to reduce crime – such as zero tolerance policing.

[AC1.3]

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11
Q

Which model does Right Realism link to and why?

[AC1.3]

A

The Crime Control Model (CCM) because this model is a right wing, conservative approach to justice and has much in common with right realist theories of crime (zero tolerance police strategies and them having more power to supress crime).

[AC1.3]

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12
Q

What is the CCM?

[AC1.3]

A

The crime control model focuses on having an efficient system, with the most important function being to suppress and control crime to ensure that society is safe and there is public order.

[AC1.3]

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13
Q

Does the CCM lack faith in the police?

[AC1.3]

A

No, they trust the police to identify guilty individuals through investigations.

[AC1.3]

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14
Q

What are the Key Factors of the CCM?

[AC1.3]

A

1. Repression of crime is most important function.
2. Aims is to punish criminals and prevent re-offending in society.
3. The Rights of the Victims and CJS are prioritised over the defendants.
4. Police Powers should be enhanced and expanded to make policing easier.
5. Legal Technicalities such as Handcuffs shouldn’t be used.
6. Accused should be presumed guilty, as the fact finding of the police and prosecutors is high.
7. Main objective is to discover the truth and establish the factual guilt of the accused.

[AC1.3]

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15
Q

For the CCM, is Controlling Crime more important to Indvidual Freedom or Individual Freedom more important than Controlling Crime?

[AC1.3]

A

Controlling Crime is more important that Individual Freedom.

[AC1.3]

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16
Q

What is the feature of the CCM which is about the type of punishment?

[AC1.3]

A

Swift and Severe Punishment for offenders is used to protect society and make sure the public feel free from the threat of crime.

[AC1.3]

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17
Q

What are the 5 Top Key Assumptions of the CCM?

[AC1.3]

A

1. Controlling Crime is more important that Individual Freedom.
2. Swift and Severe punishment with more police powers to control crime.
3. A Conveyor Belt (Assembly Line) analogy to represent the quick, fast paced prosecution process.
4. The rights of victims and the CJS should be protected.
5. Accused should be presumed guilty until proven innocent.

[AC1.3]

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18
Q

What are the 5 rights favouring the DPM that govern the working of the justice system?

[AC1.3]

A
  1. Rules governing the admissibility of evidence in court e.g. hearsay, entrapment and forced confessions aren’t admitted.
  2. The right to legal representation when questioned by police and in court.
  3. A right to a jury of one’s peers.
  4. The right to appeal against conviction/ sentence.
  5. The right to not be retried for the same offences once acquitted.

[AC1.3]

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19
Q

The Rights of who are prioritied for the CCM?

[AC1.3]

A

The Rights of the Victims and the CJS (Criminal Justice System)

[AC1.3]

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20
Q

What quote does the Crime Control Model (CCM) presume from the start?

[AC1.3]

A

The accused is “Guilty until proven Innocent” after a fair trial.

[AC1.3]

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21
Q

What analogy can be used to describe the CCM?

[AC1.3]

A

A quick, fast paced ‘Assembly Line’ in which the police apprehend suspects, courts decide the guilt and punishment is severe and appropriate.

[AC1.3]

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22
Q

Do Police have more or less powers for the CCM?

[AC1.3]

A

More - enhanced and expanded (supress and control crime).

[AC1.3]

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23
Q

Is the time the process takes for the CCM shorter or longer?

[AC1.3]

A

Shorter - individuals prefer to use plea bargains to help the police/ courts.

[AC1.3]

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24
Q

Which Sociological Theories link to the CCM?

[AC1.3]

A
  • Right Realism.
  • Functionalism.

(Rational Choice Theory).

[AC1.3]

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25
Q

What is the Sentencing Harshness for the CCM?

[AC1.3]

A

More Harsh - acts as a deterrant to deter people from committing crime.

[AC1.3]

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26
Q

What case studies can be used to represent the CCM?

[AC1.3]

A
  • Collin Stagg.
  • Barry George.
  • Sally Clark.
  • The Birmingham Six.
  • Freshwater Five.

[AC1.3]

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27
Q

How does Right Realism link to the CCM?

[AC1.3]

A

Link to Zero Tolerance Policing Approach in which the system is fast acting where crime shouldn’t be part of society.

[AC1.3]

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28
Q

How does Functionalism link to the CCM?

[AC1.3]

A

The most important function is to supress and control crime to ensure the public is safe. Crime contributes to social control as through a link to Boundary Maintenance, deviant behaviour in small amounts can hold society from outbreaks.

[AC1.3]

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29
Q

What laws are in place that favour/ support the CCM?

[AC1.3]

A
  • PACE 1984 - Increased Police Powers.
  • Victims Code - Protects the victims rights.
  • Criminal Justice Act 2003 - extension of time to hold a suspected terrorist.
  • Criminal Justice and Public Order Act 1994 - allows stop and searches without reasonable grounds.
  • Sentences Act 2020 - updated Mandatory Minimum Sentences.

[AC1.3]

30
Q

How does the Colin Stagg case demonstrate the CCM?

[AC1.3]

A

The clinical profiler used in the case thought it was Colin Stagg and so he was forced into a ‘honeytrap’ in which Colin was forced by ‘Lizzie James’ and undercover cop to confess to killing Rachel Nickell. Robert Napper was eventually found as the actual offender.

[AC1.3]

This was a fast acting case (too fast) in which Colin was presumed guilty from the start after the Clinical Profiler assumed it was him. The police then just followed this assumption.

31
Q

How does the Barry George case demonstrate the CCM?

[AC1.3]

A

Barry George was found guilty in the murder of Jill Dando. Circumstantial evidence of gunshot residue could of been found from when the garment was photographed on the manequin. Due to Jill’s clothing being photographed on it first containing gunshot residue, Barry’s would have been contaminated.

[AC1.3]

A precedent was set due to the Gunshot Residue being too small. The process could have been seen as rushed.

32
Q

How does the Sally Clark case demonstrate the CCM?

[AC1.3]

A

Sally was convicted based off circumstantial evidence from 2 expert witnesses in which one of them failed to disclose evidence in court which suggested that one of the sons had a bacterial infection which caused his natural death.

[AC1.3]

Due to this case being a miscarriage of justice, this showed that the case was rushed and that the punishment was swift and severe.

33
Q

How does the Birmingham Six case demonstrate the CCM?

[AC1.3]

A

The circumstantial evidence such as the forensic evidence which suggested that Power and Hill had been in contact with nitroglycerine (explosive) was actaully found on cigarette paper they were in contact with before.

[AC1.3]

Their convictions were declared ‘unsafe’ and ‘unsatisfactory’ and were quashed by the Court of Appeal & they were awarded compensation. - A miscarriage of justice took place.

34
Q

What is the DPM?

[AC1.3]

A

The due process model focuses on having a just and fair criminal justice system for all and a system that does not infringe upon constitutional rights.

[AC1.3]

35
Q

Why does the DPM lack faith in the police?

[AC1.3]

A

Believes police may be incompetent or dishonest.

[AC1.3]

36
Q

What are the Key Factors of the DPM?

[AC1.3]

A

1. Authorities should be held accountable to the rules and guidelines.
2. Police Powers should be limited to prevent the oppression and abuse of powers.
3. They prioritise the interests of the individual suspect who is confronted by the mighty power of the state.
4. Agencies follow procedures designed to avoid wrongful convictions and ensure just verdicts.
5. The system is seen as equal and fair to not infringe upon constitutional rights.
6. Sometimes the guilty go free on a technicality basis where the prosecution have relied on illegally obtained evidence.
7. The use of Community Sentences is preferred.

[AC1.3]

37
Q

For the DPM, is Controlling Crime more important to Indvidual Freedom or Individual Freedom more important than Controlling Crime?

[AC1.3]

A

Individual Freedom is more important than Controlling Crime.

[AC1.3]

38
Q

What is the feature of the DPM which is about the type of punishment?

[AC1.3]

A

Offenders will choose less severe sentencing such as a fine instead of points on your lisence.

[AC1.3]

39
Q

What are the 5 Top Key Assumptions of the DPM?

[AC1.3]

A

1. Individual Freedom is more important than Controlling Crime.
2. Equal and fair system with limited police powers to ensure it doesn’t infringe upon constitutional rights.
3. An Obstacle Course analogy to represent the barriers and checking during the process.
4. The rights of defendant/ suspect should be protected.
5. Accused should be presumed innocent until proven guilty.

[AC1.3]

40
Q

What are the 5 rules favouring the CCM that govern the working of the justice system?

[AC1.3]

A
  1. Evidence of bad character or previous convictions is permitted in certain circumstances.
  2. Extended period before access to Peter is allowed for serious offences and restrictions on the availability of legal aid.
  3. Jury trials are only for serious cases. Magistrates are more likely to convict. Juryless trials are allowed if jury tampering is suspected.
  4. Appeal rights are not always automatic.
  5. Change to the double jeopardy rule allowed a second prosecution if ‘new and compelling’ evidence emerges (for serious offences only).

[AC1.3]

41
Q

The Rights of who are prioritied for the DPM?

[AC1.3]

A

The Rights of the Defendant (Suspect).

[AC1.3]

42
Q

Which Act helps to protect the rights of the defendant?

[AC1.3]

A

PACE (Police and Criminal Evidence) Act 1984.

[AC1.3]

43
Q

What quote does the Due Process Model (DPM) presume from the start?

[AC1.3]

A

The accused is “Innocent until proven Guilty” after a fair trial.

[AC1.3]

44
Q

What analogy can be used to describe the DPM?

[AC1.3]

A

An Obstacle Course Analogy, in which there are barriers throughout the process to check the defendant is still proven innocent.

[AC1.3]

45
Q

Do Police have more or less powers for the DPM?

[AC1.3]

A

Less - avoid abuse of police powers.

[AC1.3]

46
Q

Is the time the process takes for the DPM shorter or longer?

[AC1.3]

A

Longer - individuals prefer to use Appeals to help prevent miscarriages of justice.

[AC1.3]

47
Q

Which Sociological Theories link to the DPM?

[AC1.3]

A
  • Left Realism.
  • Labelling Theory.

(Equality - Relative Deprivation, Driven by Society).

[AC1.3]

48
Q

What is the Sentencing Harshness for the DPM?

[AC1.3]

A

Less Harsh - acts as a fair trial in order to protect the rights of the defendant.

[AC1.3]

49
Q

What case studies can be used to represent the DPM?

[AC1.3]

A
  • Sion Jenkins.
  • Thompson v UK, Venables v UK (Jamie Bulger case).
  • Barry George.

[AC1.3]

50
Q

How does Left Realism link to the DPM?

[AC1.3]

A

Crime is driven by society within a fair and equal justice system. Agencies attempt to adress the inequalities in society (link to Relative Deprivation).

[AC1.3]

51
Q

How does Labelling link to the DPM?

[AC1.3]

A

People are labelled as “Innocent until proven Guilty” rather than labelling them based on what they look like (the typical offender).

[AC1.3]

52
Q

What laws are in place that favour/ support the DPM?

[AC1.3]

A
  • PACE 1984 - police procedural safeguarding and police interviews to be recorded.
  • Equality Act 2010 - Protecting diversity and equality for defendants.
  • Right to remain silent.
  • Right to Appeal sentence and/ or conviction.
  • Right to Legal Interpretation.

[AC1.3]

53
Q

How does the Sion Jenkins case demonstrate the DPM?

[AC1.3]

A

Sion was allowed to appeal against his conviction which led to a retrial and led to him being acquited. He was convicted of the murder of his foster daughter Billie-Jo.

[AC1.3]

He was presumed innocent throughout the trail process and was allowed to appeal which are both aspects of the DPM. The defendant was also given their statutory rights which is a feature of the DPM.

54
Q

How does the Jamie Bulger case demonstrate the DPM?

[AC1.3]

A

The teenage boys (Thompson and Venables) were given a fair trial under the European Convention of Human Rights (ECHR). The teenage boys’ identities were changed (no labelling) to protect them from the public bias. They were only sentenced to a minimum of 8 years after the kidnapping and murder of Jamie Bulger.

[AC1.3]

Due to them being given a fair trial in the adult court and their identities being protected to stop labelling, this demonstrates the DPM. The defendants were also given their statutory rights which is a feature of the DPM.

55
Q

How does the Barry George case demonstrate the DPM?

[AC1.3]

A

Barry won his second appeal after fresh evidence meant that there was ‘no certainty’ the jury at the original trial would have convicted him due to an unsafe conviction. This led to his acquital.

[AC1.3]

Due to the original conviction being unsafe and him winning his second appeal (favourable aspect of the DPM to make the trial fairer and longer) this demonstrates the DPM. The defendant was also given their statutory rights which is a feature of the DPM.

56
Q

‘The rights of suspects’ is a feature of which criminal justice model?

[AC1.3]

A

DPM.

[AC1.3]

57
Q

‘Guilty until proven innocent’ is a feature of which criminal justice model?

[AC1.3]

A

CCM.

[AC1.3]

58
Q

Which theories would support the CCM?

[AC1.3]

A

Right realism & Functionalism.

[AC1.3]

59
Q

‘It’s okay for a few guilty people to be free on a technicality as long as miscarriages of justice are prevented’ is a feature for which criminal justice model?

[AC1.3]

A

DPM.

[AC1.3]

60
Q

‘Individuals are oppressed by the state’ is a feature for which criminal justice model?

[AC1.3]

A

DPM.

[AC1.3]

61
Q

‘Has complete faith in the police and believes they should be free from legal technicalities’ is a feature for which criminal justice model?

[AC1.3]

A

CCM.

[AC1.3]

62
Q

Which theories would support the DPM?

[AC1.3]

A

Left realism & Labelling Theory.

[AC1.3]

63
Q

‘The right to remain silent’ - This is a rule that governs our criminal justice system that is in line with which model of justice?

[AC1.3]

A

DPM.

[AC1.3]

64
Q

‘Our criminal justice system should run like a conveyor belt’ is a feature of which criminal justice model?

[AC1.3]

A

CCM.

[AC1.3]

65
Q

The CCM believes our criminal justice system should ‘run like a…?’

[AC1.3]

A

Conveyor Belt (Assembly Line).

[AC1.3]

66
Q

‘The rights of victims, society and the CJS’ is a feature of which criminal justice model?

[AC1.3]

A

CCM.

[AC1.3]

67
Q

‘Extended police detention’ is a rule that governs our criminal justice system - Which criminal justice model is being demonstrated here?

[AC1.3]

A

CCM.

[AC1.3]

68
Q

If we ran our criminal justice system in line with the CCM, we would see miscarriages of justice - What is an example of this? (Case Studies).

[AC1.3]

A
  • Birmingham Six.
  • Freshwater Five.
  • Sally Clark.

[AC1.3]

69
Q

Which model of criminal justice allows evidence based off bad character?

[AC1.3]

A

The CCM under the Criminal Justice Act 2003.

[AC1.3]

70
Q

‘All police interviews are now recorded, and suspects have the right to legal representation’ is a link to which criminal model of justice?

[AC1.3]

A

DPM.

[AC1.3]

WJEC Level 3 Criminology (KEDST 2023/24). (10 decks)

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