Due Process Model

What are the six features?

Greatest threat to freedom

Presumption of guilt and innocence

Faith in police and prosecutors

Punishment and convictions by CJS

Innocence and guilt

Rights given priority

Greatest threat to freedom

power of state / oppression

Presumption of guilt / innocence

innocence

Faith in police and prosecutors

less faith in police

due process rules needed

Punishments / convictions CJS

rules = necessary obstacle course

Innocence or guilt

Some people going guilty, better than innocent people convicted

Rights given priority

Rights of accused individual

Links to theories

Labelling Theory: police harass group labelled as “criminal”, due process offers protection, requires police to follow lawful procedures, NOT exceed powers

Left Realism: police must follow due process, act in non discriminatory way to effectively fight crime, depends on community cooperation

Rules governing CJS

Suspect’s right to know reason for arrest

Right to remain silent when questioned

Right not to be detained indefinitely without charge

Right to legal representation when questioned