1.3

• Crime control model


  Suppression of crime
• Due process model


  Protect the accused from oppression
• Crime control model


  • Crime is a threat to people's freedom so this model is the suppression of crime
  • Prioritises catching and punishing offenders, deterring and preventing people from committing more crime
  • Starts from the presumption of guilt
  • Trust the police to be able to identify those who are probably guilty through their investigations and interrogations
  • Police should be free from unnecessary legal technicalities that prevent them from investigating crime
  • Once the 'probably guilty' are identified, it favours a conveyer belt or assembly line justice system that speedily prosecutes, convicts and punishes them
  • Emphasises the rights of society and victims to be protected from crime rather than the rights of suspects
• Due process model


  • The power of the state is the biggest threat to the individual's freedom so this protects the oppressed from the state and its agencies
  • Starts from the presumption of innocence - innocent until proven guilty
  • Less faith in the police's ability to conduct satisfactory investigations which mean suspects need safeguarding using a set of due process rules
  • The process becomes an obstacle course that prosecutors have to overcome to secure a conviction
  • Emphasises rights of the accused individual
• Crime control model


  Right Realism - a right wing conservative approach to justice
• Crime control model


  Functionalism - punishment reinforces society's moral boundaries, main function of punishment is to the guilty, this allows society to express moral outrage and strengthen social cohesion
• Due process model


  Labelling theory - liberal approach, police may be tempted to act illegally, harassing groups they have labelled as typical criminals
• Due process model


  Left Realism - 'militaristic policing' of poor areas triggers confrontations and makes residents unwilling to assist police, police must follow rules by acting in non discriminatory ways if they want to be effective and have the cooperation of the community
• Agencies involved in the criminal justice system

  • Social workers
  • Probation
  • Neighbourhood watch
  • Churches/campaigns
  • School
  • Youth Clubs
  • Council
  • Citizens advice bureau
• The rules governing the working of the justice system and the way the system works in practice can show how far the two models apply to the UK
• Rules favouring due process

  • Suspect has a right to know why they are being arrested
  • Suspect has the right to remain silent when questioned and in court
  • The right not to be detained indefinitely without charge
  • The right to legal aid/representation
  • The right to trial by a jury of one's peers
  • Has the right to appeal your sentence and conviction as long as not plead guilty
  • Prosecution has the duty to disclose
• Rules favouring crime control

  • Police rights to stop and search, question and arrest
  • Court may draw negative inferences if the defendant remains silent when questioned or fails to testify in court
  • Sufficient evidence means they can be held for a specific amount of time for certain crimes
  • Extended period before access to a lawyer is allowed
  • Some cases dealt with Magistrates court
  • Appeal rights are not always automatic
• Only a small number of defendants who are convicted of an offence seek to appeal which could indicate that the rules are followed
• There have been a number of miscarriages of justice as a result of police, prosecution or judges failing to follow the correct procedure or breaking the law
• Miscarriages of justice


  • Colin Stagg
  • Sally Clark
• Colin Stagg's case involved improperly obtained evidence, due process, and inadmissible evidence
• Sally Clark's case involved incorrect statistic, failure to disclose, and reliance on an expert witness
• Colin Stagg's case


  The crime control model is most appropriate, as it involves the repression of crime being the most important function of criminal justice
• Colin Stagg's case


  The judge giving a harsh sentence could be accounted for by the crime control model's emphasis on promoting victims' rights rather than on protecting defendants' rights
• Colin Stagg's case


  The crime control model's view of the criminal justice process operating like an assembly line conveyor belt, moving cases swiftly along toward their disposition, could account for the police failing to consider other suspects
• Colin Stagg's case


  The crime control model's presumption of guilt because the fact-finding of police and prosecutors is highly reliable could explain Colin's claims about his case
• Colin Stagg's case


  The due process model's links to Colin's case include his claims about the police action and the judge's harsh sentence despite his relation to the victim