Criminology448Updated 15 Oct 20262 pages

Criminology Unit 4: Models of Justice and Their Features

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Criminology Unit 4 1.3 explores two fundamental models of justice that shape our criminal justice system: the Crime Control model and the Due Process model. These competing approaches represent different priorities in how society deals with crime and protects citizens. The Crime Control model emphasises efficiency in apprehending and punishing criminals to protect society, while the Due Process model prioritises procedural fairness to prevent wrongful convictions. Understanding these models helps explain why certain policies and practices exist within the justice system and the ongoing tension between security and liberty. These perspectives connect to broader sociological theories and have real-world implications through numerous wrongful conviction cases.

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The Crime Control Model

The Crime Control model prioritises the protection of society and victims by focusing on suppressing and preventing crime. This approach emphasises catching and punishing offenders swiftly to deter future criminal activity.

Key features of the Crime Control model include:

Giving police extensive freedom and authority
Removing "red tape" that might slow investigations
Prioritising swift action over procedural safeguards
Accepting that some wrongful convictions may occur

Key Concept: The Crime Control model views some wrongful convictions as an acceptable price to pay for the greater protection of society. This connects to Functionalism in sociology, which views crime control as necessary for maintaining social order and protecting the collective good.

Case Study Examples:

Colin Stagg - targeted because he fit a profile and police used covert human sources to attempt to get a confession
Barry George - wrongfully convicted based on a single particle of gunshot residue because he fit the profile investigators were seeking

The Crime Control approach argues that even if a few innocent people are wrongfully convicted, this sacrifice is justified to maintain social order and security for the majority.

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The Due Process Model

The Due Process model prioritises ensuring correct and justified verdicts by protecting suspects from potential abuses of authority. This model sets up an "obstacle course" of procedures that police, judges, and lawyers must navigate to secure a conviction.

Key features of the Due Process model include:

Treating the accused as innocent until proven guilty
Creating procedural safeguards throughout the justice process
Protecting individuals from potential oppression by authorities
Accepting that some guilty people might go free to protect the innocent

Important Principle: The Due Process model considers the release of guilty people on technicalities an acceptable price to pay to ensure no innocent people are wrongfully convicted. The three features that define this model are presumption of innocence, procedural safeguards, and protection from authority.

Significant Case Studies:

Barry George/Jill Dando case - thorough police investigation, allowed appeals, and decisions challenged
Maxwell Confait murder - led to changes in law including PACE (Police and Criminal Evidence Act), requiring recorded interviews
Colin Stagg - judge dismissed the case because evidence was improperly obtained

The Innocence Project has helped overturn numerous wrongful convictions, with hundreds of cases still pending review. Recent wrongful conviction statistics show this remains a significant problem in 2023, highlighting the importance of due process protections.

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