Due Process

• Due Process believes that the power of the state is the greatest threat to the individual's freedom and so the goal is to protect the accused from oppression by the state and its agents, which include the police, prosecutors, and judges.
• Due process starts with the presumption of innocence. The accused is innocent until proven guilty after a fair trial.
• This model has less faith in the police's ability to conduct satisfactory investigations.
• Due process believes that the rules of trials and investigations must be followed. These rules include arrest, questioning, legal representation, admissibility, disclosure of evidence, cross-examination of witnesses, no secret trials etc.
• Due process is seen as an obstacle course that prosecutors have to overcome before they can secure a conviction.
• This process means that sometimes the guilty can go free on a "technicality". This model thinks this is a "lesser" evil than convicting an innocent person.
• Due process emphasises the rights of the accused individual rather than those of the victim or society.
• Due process links to two different theories:

  1. Labelling theory
  2. Left Realism
• Both labelling theory and due process both aim to stop agencies oppressing people. The police may be tempted to act illegally, harassing groups that they label negatively as "typical criminals". Due process offers protection for these individuals because it requires them to follow lawful procedures.
• Left realism argues that oppressive "militaristic policing" of poor areas triggers confrontations and makes residents unwilling to assist the police. In their view, police must follow due process by acting in a lawful and non-discriminatory way if they want to fight crime effectively, since this depends on the cooperation of the community.
• The Falsely Accused Individuals for Reform (FAIR) wants to change laws so those suspects of sexual offences may have anonymity until they are charged. This protects the rights of the individual. Jimmy Savile was never charged and now it's believed that he preyed on around 500 victims.
• There are three causes of crime for due process:

  1. Relative deprivation
  2. Subcultures
  3. Marginalisation
• Marginalisation is where people lack the power or resources to full participate in society. Marginalised people lack both clear goals and organisations to represent their interests.
• Marginalisation: Groups like workers have trade unions have no need to resort to violence to achieve their goals.
• Relative deprivation refers to inequality and the idea that people are deprived compared with others in society.
• Left realists see subcultures as a group's collective response to the situation of relative deprivation, and they draw on Cohen's theory of status frustration to explain how they emerge.
• There are many different subcultural adaptations to blocked opportunities and not all result in crime. There are subcultures that will still subscribe to the mainstream values of material wealth but lack legitimate opportunities to achieve those goals do turn to crime.
• Edwin Lemert argue that labelling people is a cause of crime and can encourage people to become more so. It then becomes a self-fulfilling prophecy.
• Due process key points:

  • Obstacle course
  • Presumption of innocence
  • Right to a fair trial
  • Equality before the law
  • Defendant's rights
  • Considered justice
  • Restricted police