AC1.3

• Right realism:

  • Negative view of human nature
  • Prefer practical solutions over idealisms
  • Believe the best way to prevent crime is through control and punishment
  • Origin of crimes: biological differences, socialisation, and the underclass
  • Solutions to crime: rational choice theory, broken windows theory, and harsher punishments
• Left realism:

  • Crime seen as a real problem for ordinary people
  • Crime explained through social and economic relationships
  • Origin of crimes: relative deprivation, marginalisation, and subcultures
  • Solutions to crime: democratic policing and reducing inequality
• Models of criminal justice:

  1. Crime control model of justice

  • Promotes police powers above civil liberties
  • Main aim is the suppression of crime to maintain order
  • Focuses on catching and punishing offenders quickly
  • Presumption of guilt
  • Trust in police to identify guilty individuals
  • Supports enhanced police powers for quicker convictions
  • Linked to zero tolerance approach
  • Emphasises protecting society and victims over suspects
  • Criticisms: more wrongful convictions, less trust in police, bias
  • Related to right realists and Durkheim's functionalist theory
• 2. Due process model of justice

  • Goal is to protect accused from state oppression
  • Focuses on presumption of innocence and fairness
  • Protects legal rights of defendants
  • Justice system must safeguard accused rights
  • Rules include arrest, questioning, legal representation, evidence admissibility
  • Police powers limited to prevent oppression
  • Related to inequalities in society
  • Criticisms: lengthy process, guilty offenders may go free
  • Related to left realists and Interactionist Labelling theory
• Rules favoring crime control:

  • Restrictions on legal aid
  • Evidence of bad character
  • Previous convictions
  • Appeal rights not always automatic
• Rules favoring due process:

  • Right not to be detained indefinitely without charge
  • Right to legal representation
  • All police interviews recorded
  • Prosecution duty to disclose all evidence in advance of trial
• What are the 2 models of criminal justice?

  1.        Crime control model of justice 

  2.        Due process model of justice 
• Crime control promotes police powers above civil liberties.

  Due process promotes civil liberties above police powers. 
• The crime control model  links to right realists as they want harsher punishments and want the process to move more faster. 

  The crime control model relates to the Durkheim’s functionalist theory due to the social solidarity and cohesion and this is where the model creates solar it’s and cohesion which was enforced by the model through harsh punishments and it reinforces what is right and wrong. 
• Crime Control


  GUILT is implied
• Due Process


  NOT GUILTY (presumption of innocence)
• Crime Control System


  • Designed to aid the police (pro-prosecution)
  • Crime fighting is key
  • Rights of society to be protected from crime
• Due Process System


  • Right to a fair trial
  • Rights of the accused individual
• Crime control:

  PACE 1984 gives the police the power to stop, search, arrest and detain (in some cases beyond the usual 24 hours)
• Due process:

  Codes of practice under PACE 1984 provide safeguards for individuals
• Crime control:

  Bad character, previous convictions can be allowed in court
• Crime Control


  Link to Right Realism, Functionalism
• Due Process


  Link to Labelling Theory, Left Realism
• Due process:

  Human Rights: Article 5 right to liberty/Article 6 right to fair trial