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What are the 3 key features of the Crime Control Model?
Presumption of guilt
Efficiency driven = swift arrests
Minimal Emphasis on rights
What theories is the Crime Control Model influenced by?
Right Realism and Rational Choice
Examples of the Crime Control Model
- stop and search
- mandatory minimum sentencing
- cctv
- terrorism legislation
- expansion of police powers under PACE 1984
Right Realism
- argue crime is caused by biological differences between individuals, inadequate socialisation, offending is a rational choice
- tough punishments are necessary to control crime e.g zero tolerance policy
- focuses on punitive measures as a deterrent
How does Right Realism link to CCM?
- reflects the models priority on public safety over individual rights
- mirrors the focus on deterrence through strict and consistent penalties
- e.g three strikes laws which reduce leniency and incapacitate offenders
Rational Choice Theory
- we are rational beings that calculate risk to reward ratio.
- low risk and high reward = high chance of offending
- assumes visible and efficient law enforcement increases perceived risks and deter crimes
- highlights the role of clear and consistent consequences in reducing criminal behaviour
How does RCT link to CCM?
- reflects models focus on deterrence as primary crime prevention stratergy
- harsh penalties and proactive policing to elevate perceived costs of offending
- reinforces the idea that visible enforcement and swift action discourage individuals from engaging in criminal activity
Advantages of CCM
- zero tolerance in NY 1990 up until 2009 caused homocide rate to drop by 82 percent
- harsh penalties deter crime
- speedy resolution of cases prevent court backlogs
- enhanced public safety means prioritisation on removal of offenders from society which protects communities
- focuses on serious offending, quick action against terrorism and violent offences
Disadvantages of CCM
- doesn't address the causes of crime or that crime can be deterred through detection and conviction
- presumption of guilt increases the likelihood of miscarriages of justice as under the model it is considered inevitable
- expanding police powers means abuse of power, discrimination and over-policing
- sacrifices individual rights and mistrust in the system
What are the 3 key features of the Due Process Model?
Presumption of Innocence
Thorough Procedures
Legal Safeguards - protects people from abuse from the state
What theories is the Due Process Model influenced by?
Left Realism and Labelling Theory
Examples of DPM
- Codes of practice under PACE 1984 = strict guidelines on police powers to ensure fairness
- Human Rights Act 1998 - guarantees protection of rights
- Right to legal representation
- Excluding improperly obtained evidence
Left Realism
- relative deprivation, subculture and marginalisation are the root causes of crime
- main victims are the working class, ethnic minorities and women
- dealing with offenders and victims fairly to reduce crime and the fear of crime
How does Left Realism link to DPM?
- aligns with DPM emphasising fairness and social justice
- addresses systemic disadvantages to prevent criminalisation and equitable treatment for all
- reduces marginalisation and promotes procedural fairness
Labelling Theory
- The effects of stigmatisation on causing crime
- Selective law enforcement can cause a deviance amplification spiral
- Argues for fair and impartial treatment to prevent unjust labelling to prevent long term consequences
Labelling Theory link to DPM
- fully aligns with the due process model - prioritising procedural fairness and protecting individuals from unjust treatment
- Prevention of stigmatisation to ensure individuals aren't unfairly labelled and promotes rehabilition
Weaknesses of DPM
- Resource Intensive - the thorough procedures increase costa and delay case resolutions, causing frustrations to the victims and communities
- Perceived leniency - rights allow guilty individuals to exploit loopholes
- Complexity of legal procedures - alienate those without adequate support
- Reduced deterrence - tries to tackle roots so this is a slower approach, undermining its ability to deter crime
Strengths of DPM
- Prevention of miscarriages of justice - protects innocent individuals by ensuring thorough procedures
- Fair treatment - promotes equality by safeguarding the rights of all individuals
- Trust in the justice system - transparency and accountability enhance public confidence
- Long-term impact - focuses on reducing reoffending by addressing system inequalities and root causes of crime