Podcast
Questions and Answers
What two separable complexes of issues apply to the central question of criminal law? (Select all that apply.)
What two separable complexes of issues apply to the central question of criminal law? (Select all that apply.)
The ideology of the criminal law and the processes of the criminal law.
What is the major premise of the Packer article?
What is the major premise of the Packer article?
The shape of the criminal process has an important bearing on questions about the wise use of the criminal sanction.
What two primary value systems are present in the criminal process?
What two primary value systems are present in the criminal process?
The Due Process Model and the Crime Control Model.
What is the most important function to be performed by the criminal process, according to the Crime Control Model?
What is the most important function to be performed by the criminal process, according to the Crime Control Model?
According to the Crime Control Model, what is the most important guarantee of social freedom?
According to the Crime Control Model, what is the most important guarantee of social freedom?
What is the most important element of the Crime Control Model's operational framework?
What is the most important element of the Crime Control Model's operational framework?
What is the key to the operation of the Crime Control Model?
What is the key to the operation of the Crime Control Model?
What is the most important aspect of the Due Process Model, according to Packer?
What is the most important aspect of the Due Process Model, according to Packer?
According to the Due Process Model, why shouldn't the police be able to hold someone incommunicado for interrogation?
According to the Due Process Model, why shouldn't the police be able to hold someone incommunicado for interrogation?
What is considered a valid reason for pretrial detention, according to the Due Process Model?
What is considered a valid reason for pretrial detention, according to the Due Process Model?
What does the Due Process Model argue against?
What does the Due Process Model argue against?
According to the Due Process Model, what are the three most important aspects of the criminal process?
According to the Due Process Model, what are the three most important aspects of the criminal process?
What is seen as the greatest strength of the Due Process Model?
What is seen as the greatest strength of the Due Process Model?
What is the underlying premise for the practice of plea bargaining, according to the Crime Control Model?
What is the underlying premise for the practice of plea bargaining, according to the Crime Control Model?
What aspect of the criminal process does the Due Process Model see as the fulcrum of the system?
What aspect of the criminal process does the Due Process Model see as the fulcrum of the system?
What is the main purpose of review by appeal, according to the Crime Control Model?
What is the main purpose of review by appeal, according to the Crime Control Model?
What is the main goal of the Due Process Model concerning appeal?
What is the main goal of the Due Process Model concerning appeal?
What does the Due Process Model argue should be the responsibility of the trial court?
What does the Due Process Model argue should be the responsibility of the trial court?
Flashcards
Crime Control Model
Crime Control Model
The model of the criminal process that prioritizes efficiency in apprehending, convicting, and disposing of criminals. It views the criminal process as a streamlined system focused on quickly and definitively determining guilt.
Due Process Model
Due Process Model
The model of the criminal process that prioritizes protecting individual rights and ensuring fairness throughout the process. It views the criminal process as a series of obstacles designed to prevent wrongful convictions and protect the innocent.
Presumption of Guilt
Presumption of Guilt
The belief that justice is served by swiftly and efficiently processing criminals, even at the cost of some potential errors. This view prioritizes swift punishment to deter further crime.
Presumption of Innocence
Presumption of Innocence
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Legal Guilt
Legal Guilt
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Review and Correction
Review and Correction
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Right Against Unlawful Arrest
Right Against Unlawful Arrest
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Arrests for Investigation
Arrests for Investigation
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Exclusionary Rule for Illegal Arrest
Exclusionary Rule for Illegal Arrest
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Right Against Unreasonable Searches and Seizures
Right Against Unreasonable Searches and Seizures
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Detention and Interrogation
Detention and Interrogation
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Coercive Interrogation
Coercive Interrogation
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Pretrial Detention
Pretrial Detention
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Plea of Guilty
Plea of Guilty
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Direct Appeal
Direct Appeal
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Collateral Attack
Collateral Attack
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Retroactivity
Retroactivity
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Right to Counsel
Right to Counsel
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Equality of Access to Counsel
Equality of Access to Counsel
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Government Provision of Counsel
Government Provision of Counsel
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Criminal Justice System
Criminal Justice System
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Administration of Criminal Justice
Administration of Criminal Justice
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Criminal Law
Criminal Law
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Procedural Law
Procedural Law
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Substantive Law
Substantive Law
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Skepticism About Criminal Law
Skepticism About Criminal Law
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Official Conduct
Official Conduct
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Limitation on Official Power
Limitation on Official Power
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Hypocrisy in Law Enforcement
Hypocrisy in Law Enforcement
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Study Notes
Two Models of the Criminal Process
- Two models of the criminal process are discussed: the Crime Control Model and the Due Process Model
- The Crime Control Model prioritizes efficiency in apprehending and convicting criminals
- The Due Process Model prioritizes individual rights and protections throughout the criminal justice system
- The criminal process has a constantly evolving nature which is reflected in the choices being made in response to societal pressures.
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Description
Explore the two primary models of the criminal process: the Crime Control Model, which emphasizes efficiency in crime apprehension, and the Due Process Model, which focuses on safeguarding individual rights. This quiz examines how these models interact and evolve in response to societal changes.