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ac 1.3 - describe models of criminal justice - Coggle Diagram
ac 1.3 - describe models of criminal justice
crime control model
The model prioritizes crime reduction and prevention through prosecution and punishment, emphasizing the importance of the justice system in protecting the public. It overlooks suspects' rights and assumes official protection only hampers police work. This model can be seen as a 'conveyer belt', allowing innocent convictions overrides civil liberties.
policies = stop and search powers, covert and electronic surveillance, increased custody powers (i.e. more than 24 hours)
crime control sentences/punishments = custodial/prison sentences, electric tags/curfew, ASBOs - antisocial behaviour orders
extra examples = double jeopardy, holding terrorists up to 14 days without charge, extended police detention is allowed for questioning 36/96 hours for murder suspects (with permission of magistrates)
due process model
The model emphasizes defendant rights through presumption of innocence, fair trial, equality, and justice. Due process is seen as an obstacle course, protecting innocents and convicting only guilty individuals. This belief has significantly impacted the criminal justice system.
due process legislation = PACE (1984) - right to remain silent, Human Rights Act (1998) - police powers, Criminal Justice Act (2003) - fair trials, Equality Act (2010) - equal treatment
the beliefs of the due process model have also influenced our court procedures in an attempt to ensure fair trials take place = jury selection/vetting, sentencing guidelines/objective judgements, pre-trial/review of evidence, free legal aid/sufficient preparation time.
additional examples = presumption in favour of bail - innocent until proven guilty, the right to trial by jury, the right to appeal against conviction or sentence, the rules about the disclosure of evidence
synoptic links - CC
right realism = The criminal justice system should be streamlined and efficient to ensure accountability for individuals who commit crimes, preventing them from committing the crime if they cannot complete the time.
lombroso = Society must be safeguarded from individuals with atavistic traits, ensuring swift punishment and accountability for criminal behavior.
marxism = CC for WC - selective law enforcement e.g. young black males more likely to be stopped and searched
colin stagg = police had too much power and stagg's rights were violated. stagg was charged and remanded in custody for a year for a crime he did not commit
stephen lawrence = offenders were convicted of the murder showing that perpetrators of the crime are held accountable. plus, partly in response to the macpherson report, the CJ act was amended and the double jeopardy rule was removed for more than 20 offences
london riots = harsh sentences to protect the public and to deter other people from committing crime and to deter other people from committing crime and to deter these individuals from committing future crimes
sion jenkins = convicted for a crime he didn't commit
synoptic links - DP
left realism = individuals suspected of committing crime need to be given appropriate representation and investigations should be thorough and conducted fairly
marxism = due process for MC or UC e.g. differential sentencing depending upon class e.g. Lavinia Woodward
colin stagg = the judge threw out the case because of the honeytrap operation so stagg's rights to a fair trial and legally conducted investigation were protected
stephen lawrence = many would say that the suspects were too protected by the CJS which is why it took so long to prosecute successfully
sion jenkins = had a fair trial, appealed the verdict and the original verdict was overturned so clearly his rights were protected