1.3

Cards (22)

  • Who claimed there were two opposing sets of values that shape the criminal justice system?
    Herbert Packer
  • What year were the two opposing sets of the criminal justice system claimed?
    1968
  • Whats the goal of the crime control model?
    Suppress crime and contain threats to the freedom of people in society
  • What are the priorities of the crime control model?
    Catch offenders and punish them for their rule breaking and behaviours.
  • Who do the crime control model trust?
    The police
  • What is the system to prosecution in the crime control model?
    An assembly approach (conveyor belt) to deal with suspects (Charge, Plea, Prosecute, Sentence)
  • What rights do the crime control model protect?
    Society and Victims
  • What does the crime control model presume?
    The defendant is guilty until proven innocence so they assume they're free of legal technicalities that pose a barrier to them when prosecuting.
  • Whats the crime control models defence for accidental innocent convictions?
    It's a small price to pay in order to suppress crime
  • How does the crime control model link to right realism?
    Favours the police having more powers (PACE) as well as zero tolerance to criminal behaviour.
  • How does the crime control model link to functionalism?
    Durkheim, emphasises the role of punishment in reinforcing moral boundaries. This allows society to express moral outrage and encourage social cohesion.
  • Whats the biggest threat to an individuals freedom in the due process model?
    The power over the state
  • What do the due process model presume?
    That the defendant is innocent until proven guilty
  • What does the due process model acknowledge?
    That investigations can be affected by unsatisfactory conduct and incompetence by the police.
  • Who's rights does the due process model protect?
    The defendants
  • How does the due process model protect rights?
    By forming an obstacle course of legal technicalities for the police to follow to prevent incorrect prosecution.
  • Whats the due processes defence to why more guilty defendants go free on technicalities?
    Small price to pay in order to avoid prosecuting innocent people.
  • How does the due process model link to labelling theories?
    Aims to stop the oppression of anyone who is labelled as a suspect or criminal. It also deters agencies from targeting people or seeing groups as 'typical' offenders.
  • How does left realism link to the due process model?
    Requires co-operation of communities and acts a non-discretionary way to avoid oppression of groups and areas. It also focuses on the reasons to why people commit crimes.
  • What rules favour the DPM?
    1. Suspects have the right to legal representation when they're being questioned by police or in court.
    2. If there is evidence to use in trial, it must be submitted before the trial
    3. Suspects have the legal right to know why they're being stopped, searched, or arrested
    4. Suspects have the right to a fair trial, with a jury of their own peers
    5. You cannot submit evidence to a trial that is improperly obtained
  • What rules favour CMM?
    1. A judge can allow improperly obtained evidence in some cases it it helps establish the truth
    2. Unfavourable character witnesses and previous convictions can be allowed in some courts.
    3. Police have powers to stop and search people if they're suspected of committing a crime
  • What happened in the Birmigham Six?
    1974, the IRA exploded two bombs in Birmingham pubs which killed 21 people. 6 Irish men were arrested despite the IRA claiming none of them were involved. After interregation, 4 signed confessions and forensic evidence suggested they had handled the bombs. They recieved long prison sentences until in March 1991, new forensic evidence revealed the scientists were unreliable and the men were released. This lead to concerns and doubts of the legitimacy of the police and treatment towards suspects.