Criminal Justice Models Overview

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Questions and Answers

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?

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?

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?

Repression of criminal conduct. Signup and view all the answers

According to the Crime Control Model, what is the most important guarantee of social freedom?

The efficient operation of the criminal process to screen suspects, determine guilt, and secure appropriate dispositions of persons convicted of crime. Signup and view all the answers

What is the most important element of the Crime Control Model's operational framework?

The presumption of guilt. Signup and view all the answers

What is the key to the operation of the Crime Control Model?

An early determination of probable innocence or guilt. Signup and view all the answers

What is the most important aspect of the Due Process Model, according to Packer?

The protection of the individual. Signup and view all the answers

According to the Due Process Model, why shouldn't the police be able to hold someone incommunicado for interrogation?

It violates the individual's right to privacy and the presumption of innocence. It is antiauthoritarian and violates the fundamental rights of the individual. Signup and view all the answers

What is considered a valid reason for pretrial detention, according to the Due Process Model?

To ensure the accused's presence at trial. Signup and view all the answers

What does the Due Process Model argue against?

The use of financial resources as a means of determining pretrial liberty, particularly as it relates to those who cannot afford bail. Signup and view all the answers

According to the Due Process Model, what are the three most important aspects of the criminal process?

The protection of the accused's procedural rights. Signup and view all the answers

What is seen as the greatest strength of the Due Process Model?

Its self-sustaining nature - as it is used, it exposes the flaws of the system, fueling its continued growth Signup and view all the answers

What is the underlying premise for the practice of plea bargaining, according to the Crime Control Model?

It eliminates the need for a trial and thus expedites the process. Signup and view all the answers

What aspect of the criminal process does the Due Process Model see as the fulcrum of the system?

The arraignment. Signup and view all the answers

What is the main purpose of review by appeal, according to the Crime Control Model?

To correct errors of the trial and eliminate the possibility of frivolous appeals, thereby ensuring an efficient process and ensuring final determination of factual guilt. Signup and view all the answers

What is the main goal of the Due Process Model concerning appeal?

The primary purpose of an appeal is to correct errors in the determination of factual guilt, and to vindicate the fundamental rights of the accused, ensuring that the criminal process is a just and fair one. It serves to protect the integrity of the system, address concerns about abuses of power, and prevent the systematic suppression of individual rights. Signup and view all the answers

What does the Due Process Model argue should be the responsibility of the trial court?

The trial court should be responsible for correcting errors of the criminal process and safeguarding those rights. And if these errors are not corrected at the trial court level, they should be corrected on appeal, where necessary. The trial court is the first line of defence. The appellate court is the second and its role is to correct injustice. Signup and view all the answers

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.