1.3 Models of CJS
Describe Pecker's idea of Criminal Justice
Pecker described two sets of opposed values which shape the way the criminal justice system works; The crime control model and the due process model.
Define the key idea of the Crime Control Model
The goal of this moel is the supression of crime as it is a threat to people's freedom.Priorities catching an punishing offenderd, deterring and preventing them from committing further crime.
Describe the Crime Control Model's 'Presumption of guilt'
The model starts by trusting the police to identify those who are guilty through investigation and interrogation. Suggests police should be free of legal technicalities that prevent them from investigating crime.
Describe the Crime Contol Model's 'Conveyor Belt' of crime
Once the probably guilty are identified, there is a conveyor belt approach to the justice system which speedily prosecutes, convicts and punishes offenders.
Key ideas of the Crime Control Model
- If a few innocent people are convicted by mistake this is a price worth paying for convicting a large number of guilty people.
-Emphasises the rights of society and victims to be protected from crime rather than the rights of the suspects.
Define the key idea of the Due Process Model
The power of the state is the greatest threat to the individual's freedom, so the goal is to protect the accused from oppression by the state.
Describe the Due Process Model's 'Presumption of innocence'
The model believes the accused to be innocent until proven guilty after a fair trial.
Lack of faith in the police in the Due Process Model
The model does not believe that the police are competent and honest on all occasions. They believe the rightts of suspects and defendants nee to be sfeguarded by a set of due process rules.
Describe the Due Process Model's 'Obstacle Course' theory
They believe there is no conveyor belt but a type of obstacle course tat protects the rights of the accused. The prosecution will need to overcome these obstacles in order to secure a conviction.
Free on technicalities- Due Process Model
Sometimes the guilty may go free on a technicality. For example where the prosecution have used illegally obtaine evidence. The model argues that this is a lesser evil than convicting the innocent.
Right Realism link to the Crime Control Model
-Right wing conservative approach
-Has connections with Right realist theories of crime e.g Zero tolerance policing gives greater powers to the police to investigate and prevent crime.
Functionalist link to the Crime Control Model
-Has links to Durkheim's functionalism and supports the idea that punishment reinforces the moral boundaries of society.
-Believes the main functionof justice is to punish. Society is able to express moral outrage towards the guilty, strengthening social cohesion.
Left realist link to the Due Process Model
-This theory argues that military style policing of poor communities makes residents unwilling to assist police and causes confrontation.
-This view also states that the police should follow due process without discrimination. If they want to fight crime they need the community to cooperate.
Labelling link to the Due Process Model
-Aims to stop state agencies from oppressing people, connected to the labelling theory. E.g the police may harass groups they negatively label as 'typical criminals'
-The model offers a layer of protection from this, police have to follow the procedures of the law.