AC 1.3 Describe models of criminal justice

What are the two models of criminal justice called?

• The crime control model of justice.

• The due process model of justice.

What is the crime control model?

It is when a crime is a threat to people’s freedom.

What is the goal of the crime control model?

The goal of the crime control is a suppression of crime.

What does the crime control model prioritise?

• Catching and punishing offenders.

• Deterring and preventing people from committing further crime.

How does the crime control model start?

It starts from a presumption of guilt where it trusts the police to be able to identify those who are probably guilty through their investigations and interrogations.

What are police required to be from free from in order to investigate crimes?

They must be free from unnecessary legal technicalities that prevent them from investigating crimes.

What happens when the offender is identified as “probably guilty” ?

It favours a conveyor belt or assembly line justice system that speedily persecutes, convicts and punishes them.

What is argued about the crime control model?

If a few innocent people are convicted by mistake, this is a price worth paying for convicting a large amount of guilty people.

What does the crime control model emphasise on?

It empathises the rights of society and victims to be protected from crime rather than the rights of suspects.

What is the due process model?

It is when the power of the state is the greatest threat to the individual’s freedom.

What is the goal of the due process model?

The goal of due process is to protect the accused from the oppression by the state and its agents.

What are the agents that can cause oppression on people?

• Police

• Prosecutors

• Judges

How does the due process model start?

It starts from the presumption of innocence. Innocence until proven guilty from a fair trial.

What does the due process model emphasise on?

It has less faith in the police’s ability to conduct satisfactory investigations and dishonesty which means that suspects and defendants rights need to be safeguarded by the rules made by the model that investigations and trials must follow.

How does the due process model differ from the crime control model?

Instead of the conveyer belt, the rules and procedures protecting their rights from a necessary obstacle course that prosecutions have to overcome before they can secure a conviction.

What are the two perspectives that are included in the Crime and Control Theory?

• Functionalism.

• Right realism.

What is Right realism in the Crime and Control theory?

They are a right wing conservative approach.

What are the key features that Right realists have in the Crime and Control Theory?

• Zero Tolerance policing strategies.

• Greater police powers to investigate and suppress crime.

What is the Functionalist view in the Crime and Control theory?

• Boundary maintenance:

Durkheim argues that punishment reinforces society’s moral boundaries and that it enables society to understand their morales when a crime occurs.

What are the two perspectives that are included in the Due Process Theory?

• Interactionalism.

• Left Realism.

What is Left realism in the Due process theory?

Left wing view.

What are the key features that Left realists have in the Due process Theory?

• Relationships between the police and the community.

• Police must act in a lawful and non-discriminatory way.

What do Left realists argue is the Due process theory?

Oppressive militaristic policing of poor areas triggers confrontations and makes residents unwilling to assist the police.

What is the Interactionalist view in the Crime and Control theory?

• Labelling Theory

Police may be tempted to act illegally and harass groups that they label negatively as “typical criminals”.

What law protects people from police negatively labelling them and targeting people?

Police and Criminal Act 1984

What are the rules of the cps according to the due process?

• Suspects have the right to know why they have been arrested.

• The right to remain silent as the prosecutors job is to prove whether someone is guilty or not guilty.

• The right to not be detained indefinitely without charge.

• The right to appeal against conviction or sentence.

What are the rules of the cps according to the crime control?

• Police rights to stop, question, search and arrest. Stop and search can be done without reason.

• The court may draw negatively inference if the defendant remains silent or fails to testify without good reason.

• Extended police detention is allowed for questioning on suspicion of indictable and terrorist offence.

• Appeal rights are not always automatic and some are only allowed on a point of law and not evidence.