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Unit 4 1.3
Models of justice
| Question | Answer |
|---|---|
| Name the two models of justice | Due Process Model Crime Control Model |
| What does the due process model prioritise? | Protecting individuals from potential abuses by law enforcement and ensuring fair treatment. |
| What principle does the due process model follow? | That it is better for ten guilty people to go free than for one innocent person to suffer. |
| Name the two models of justice | Due Process Model Crime Control Model |
| What does the due process model prioritise? | Protecting individuals from potential abuses by law enforcement and ensuring fair treatment. |
| What principle does the due process model follow? | That it is better for ten guilty people to go free than for one innocent person to suffer. |
| What does the due process model assume? | Innocent until proven guilty |
| What does the due process model assume? | Innocent until proven guilty |
| What is the role of the due process model? | To ensure safety and fairness throughout. |
| What does the Human Rights Act 1998 (UK) provide? | The protection of defendants' rights. |
| What does the Human Rights Act 1998 (UK) provide? | The protection of defendants' rights. |
| Name four rules in place to protect suspects | The right to know why you are being arrested The right to legal representation The Full Code Test from the CPS The right to appeal |
| Why is the due process model likened to an obstacle course? | Steps to intentionally slows down the movement from arrest → charge → trial → conviction. Each “obstacle” is a legal protection designed to prevent the state from acting unfairly or making mistakes. |
| Two laws that support the due process model | The Human Rights Act 1998 Police and Criminal Evidence Act (PACE) 1984 |
| How does the Due Process Model link to left realism? | Left Realists identify the social injustices within policing and criminal justice. The Due Process Model provides the legal safeguards intended to prevent those injustices. |
| What does the crime control model prioritise? | Protections of society through swift, efficient control of crime by trusting police powers and aiming to convict offenders quickly. |
| Why is the crime control model likened to a conveyor belt? | t aims to process cases quickly and efficiently with minimal obstacles, moving suspects smoothly from arrest to conviction. |
| What principle does the crime control model follow? | Even if a few wrongful convictions are made, this is a price worth paying for the protection of society. |
| Three laws that support the crime control model | Criminal Justice Act 2003 - changes to double jeopardy law Criminal Justice Act 2003 - 14 day detention for suspected terrorism Criminal Justice and Public Order Act 1994 - expanded stop and search powers |
| How does the crime control model link to right realism? | Both emphasise tough, practical measures to reduce crime, trust police authority, and prioritise protecting the public over protecting offenders’ rights. |
| What cases could be used to illustrate the crime control model? | Colin Stagg and Barry George (focus on securing a conviction quickly at all costs) Christopher Jefferies (police zoomed in, intense media pressure, no evidence) |
| What cases could be used to illustrate the due process model? | Colin Stagg (case thrown out in court due to honey trap) Siôn Jenkins (multiple appeals led to conviction overturned) Thompson and Venables (Human rights - European Court ruled that their trial process needed to meet Article 6 (fair trial) standards) |
| Three features of the due process model (exam question notes) | puts the defendant at the heart of the case allows all legal rights links to the theory of left realism aims to minimise police powers emphasises the presumption of innocence (until proven guilty) |
| Three features of the crime control model (exam question notes) | Quick, efficient justice, similar to conveyor belt Seeks conviction and reduce crime Promotes rights of victims Supports increased police powers. Emphasises streamlined processes, trust in police and fewer safeguards influenced by right realism |
| Name three rules in place that support the crime control model | Rights to stop, question, search and arrest. Extended detention for questioning on suspicion of indictable offences (36 + 96 hours) and terrorist offences (14 days). Evidence of bad character or previous convictions permitted in some circumstances |
Created by:
Cabezablanca