AC1.3
Describe 2 models of criminal justice (4)
-Due process model= Focuses on protecting rights of defendant + ensuring fairness under law. Emphasises legal safeguards e.g. right to fair trial + limits on police powers to prevent abuse or wrongful conviction.
-Crime control model= Prioritises control + repression of crime to maintain order in society. Supports strong police powers + faster justice to protect public + victims, even if reduces some defendant protections.
Describe how 1 model of criminal justice could apply to Colin’s case. (6)
-Crime control model prioritises repression of crime + maintaining social order over individual rights.
-Assumes police + prosecutors reliable, which links to Colin’s claim no other suspects were investigated because system trusted police’s decision.
-Model supports fast, efficient justice (described as a conveyor belt), which explains why Colin feels his case was rushed.
-Crime control prioritises protecting victims + public rather than defendants, which links to harsh life sentence with 70-year recommendation.
-Strong police powers supported, meaning police actions less likely to be questioned, which fits Colin’s complaints about police conduct.
-Overall, model explains why Colin feels fairness was sacrificed in favour of efficiency + punishment.
Describe the crime control model of criminal justice referred to by Sarah’s lawyer. (4)
-Crime control= Prioritises repression of crime as most important function of criminal justice system to maintain social order.
-Focuses on protecting victims + wider public, rather than safeguarding rights of defendants.
-Criminal justice process expected to operate quickly + efficiently, described as conveyor belt, moving cases swiftly through system.
-Model assumes the police + CPS are reliable, so once an arrest + charge made, accused more likely to be presumed guilty. E.g. Colin Stagg.
Identify 3 features of the crime control model of justice. (3)
-Repression of crime most important function of criminal justice system to maintain social order.
-Model prioritises victims’ rights + public protection over rights of defendants.
-Criminal justice process should operate quickly + efficiently, described as conveyor belt system.
-Model similar to theory of right realism requiring punishment for offence, no matter reason behind.
Identify 3 features of the due process model of justice. (3)
-Model emphasises presumption of innocence + protection of defendants’ legal rights.
-Argues police powers should be limited to prevent official oppression + abuse of power.
-Criminal justice process should be thorough + fair, with safeguards in place to prevent wrongful convictions.
-Relates to left realism approach with focus on inequalities created by capitalist society.
Describe the model of justice that reflects Horace’s viewpoint. (6)
-Reflects due process model, which prioritises fairness + justice within criminal justice system.
-Key feature is presumption of innocence, meaning defendants treated as innocent until proven guilty in court of law.
-Model emphasises protection of defendants’ legal rights, to reduce risk of wrongful convictions.
-Argues police powers should be limited to prevent abuse of power + official oppression.
-Criminal justice process should be thorough rather than fast, with legal safeguards + procedural checks before conviction secured.
-Rights such as right to fair trial + right to appeal reflect due process model + support Horace’s concerns about fairness.
-Links to theory of left realism, which focuses on reasons why people commit crimes.
Briefly describe 1 model of justice the CPS may follow when processing criminal cases. (4)
-Crime control model= Prioritises repression of crime to maintain social order.
-Supports quick + efficient case processing, described as conveyor belt approach.
-Model assumes police + CPS reliable, so cases progressed with aim of securing convictions.
-Focuses on protecting victims + wider public, rather than prioritising defendants’ rights.