UNIT 4- topic 2 Flashcards
what are the two main models of criminal justice
- crime control model
- due process model
what do people say is the tougher approach
crime control model
what does the crime control model believe in
strict punishments
what are the preventative measures that the crime control model uses
statutes as curfew
what can the crime control model influence
can influence how crime controlled systems are structured.
who’s rights are prioritised in the crime control model
the rights of the public are prioritised than the rights of the suspects.
in the crime control model, what do they believe about protecting society compared to suspects rights
They believe protecting society is more important than the rights of the suspects.
what does the crime control model view crime as
This model views crime as a threat to people’s freedom.
what is the goal of the crime control model
The goal of the model is to suppress crime.
what does the crime control model prioritise
it prioritises catching and punishing offenders, deterring and preventing them from committing further crime.
what is the aim of the crime control model
The aim is to punish criminals and stop them committing further crimes.
what does the crime control model start with
the presumption of guilt
what is the crime control model based on
guilty until proven innocent.
what approach does crime control model link to and why
it links to the zero tolerance approach; any crime committed there shouldn’t be any tolerance, no matter the circumstances.
what are some examples of the crime control model in the UK
examples would be the abolishment of double jeopardy rule for serious offences in criminal justice act 2003, the extended pre charge detention time up to 28 days for terrorist offences in terrorism act 2006, allowing the use of bad character evidence, increase stop and searches in England and wales in 2020, no automatic appeals in crown court, not judged by a jury in a magistrate court (more likely to convict in a magistrate court), inference of guilt when witness remains silent.
what is an example of a case Studies That Illustrate Crime Control Model
Murder of Rachell Nickell (colin stagg case)
how is the Murder of Rachell Nickell (colin stagg case)
an example of crime control model
the honey trap used by police demonstrates that the police want to arrest someone and convict them. there was also a suspect who was charged but later acquitted, this shows that the police didn’t mind punishing an innocent man which is like the crime control model. they used entrapment to try and coerce Colin into a confession, favours rights of society and victims rather than suspects. media labelled him as the guilty party
what do they believe in the due process model
laws and rights of an individual have to be upheld. shouldn’t be able to take away someone’s freedom unless correct things have been followed.
in the due process model do they believe in the rights of the suspects
yes
what is the main aim in the due process model
to protect the accused from oppression from the state
in the due process model what does it start with
presumption of innocence until the criminal justice system proves that they are guilty
what is two of the issues with the due process model
that sometimes the guilty person goes free based on a technicality and the rights of the suspects and defendants may not be followed at some stage of the trial and the arrest. you have to trust the people who are in charge to follow the rules and guidelines
4 things that illustrate that the crime control model is used in our criminal justice system:
- human rights act 1998 (outlines rights to a fair trial)
- rights of suspects; charges against you, phone call, legal aid, legal representative.
- trial by peers, trial by magistrates; they arent legally qualified. seen as fair as they are other people in society.
- PACE act 1984
what is an example of a case study that demonstrates the due process model
Murder of Stephen Lawrence
how is the Murder of Stephen Lawrence
an example of due process model
inquiry into the police investigation- highlights importance of taking police corruption/ incompetence seriously. macpherson report- recommendations for future
What are the 5 potential problems with the crime control model?
- more miscarriages of justice
- possible misuse of power
- to eager to convict
- over policing
- lead to deviant behaviours being called criminal
what is right realism
belief harsh punishments as a deterrent, blames “under class” for crime as they are lazy and work shy, blames individuals for lack of self control/ commit crime as a rational choice due to ineffective socialisation, they don’t understand right from wrong and down to criminal justice system to teach them that
what is the Connection to model of justice that links to right realism
links to crime control theory, wants punishments, tough and harsh, they believe its a choice so only way to teach them a lesson is to punishment harsh.
what is functionalism
looks at society as a whole rather than one individual. each aspect of society is needed for society to function, crime is inevitable and necessary for society to function, punishment reinforces what’s right and wrong and this shows us what is right and wrong. brings people together - social cohesion. when something bad happens, people get together and bond over mutual understanding is awful.
what is the Connection to model of justice that links to functionalism
favours crime control model, reinforces societies boundaries, punishment is needed to reinforce the social boundaries in order to deter society from doing things.
what is left realism
crime caused by inequalties in a capitalist society, crime prevention should be based upon early intervention and working with disadvantaged. liberal approach to criminal justice, more compansionate approach to rehabilitation. certain groups are marginalised by society to commit crime to lash out or out of basic need
what is the Connection to model of justice that links to left realism
due process, favour police reform, prevention of crime, suspect rights, more compasionate approach
what is Interactionism (Labelling)
how people in society interact with eachother. crime is social constructed (becker). society label certain acts as deviant, product of a label that weve created, not naturally occurring. once labelled, a person has their master status and contribute to self fulling prophecy (they internalsie the label) crimininaly is a product of being labeled
what is the Connection to model of justice that links to Interactionism (Labelling)
due process model as they want to reform and rehabilitate to avoid negatively labelling individuals.
rules and regulations needed to prevent bias in the criminal justice system caused by labels.
