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?

<p>Repression of criminal conduct.</p> Signup and view all the answers

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

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

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

<p>The presumption of guilt.</p> Signup and view all the answers

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

<p>An early determination of probable innocence or guilt.</p> Signup and view all the answers

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

<p>The protection of the individual.</p> 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?

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

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

<p>To ensure the accused's presence at trial.</p> Signup and view all the answers

What does the Due Process Model argue against?

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

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

<p>The protection of the accused's procedural rights. (B), The reliability of factfinding. (D), Safeguarding the legitimacy of government. (E)</p> Signup and view all the answers

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

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

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

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

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

<p>The arraignment.</p> Signup and view all the answers

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

<p>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.</p> Signup and view all the answers

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

<p>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.</p> Signup and view all the answers

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

<p>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.</p> Signup and view all the answers

Flashcards

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

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

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

The fundamental principle that the accused is assumed innocent until proven guilty by the state in a court of law.

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Legal Guilt

The belief that the legal system should focus on procedural fairness and ensure all individuals have equal access to legal protections, even if it means a slower process.

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Review and Correction

The ability for the courts to review and correct errors that have occurred during earlier stages of the criminal process.

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Right Against Unlawful Arrest

The legal right to not be arrested or detained without probable cause, meaning a reasonable belief that the person has committed a crime.

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Arrests for Investigation

The power of police to detain individuals for questioning even if they lack probable cause for arrest, justifying it for investigative purposes.

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Exclusionary Rule for Illegal Arrest

The legal consequence of an unlawful arrest, whereby evidence obtained directly or indirectly through the illegal arrest is excluded from trial. This helps deter illegal arrests.

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Right Against Unreasonable Searches and Seizures

The right to be free from unreasonable searches and seizures, protected by the Fourth Amendment.

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Detention and Interrogation

The process of questioning a suspect in custody, aimed at obtaining information and possibly a confession.

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Coercive Interrogation

The practice of using coercive tactics during interrogation to induce a confession, often violating the suspect's rights.

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Pretrial Detention

The period of time a suspect is held in custody before trial, when their freedom is restricted.

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Plea of Guilty

The formal agreement of a defendant to plead guilty to a crime, often in exchange for leniency in sentencing.

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Direct Appeal

The formal process of appealing a court decision to a higher court to review the legality of the lower court's proceedings.

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Collateral Attack

A legal process of challenging a conviction after all direct appeals have been exhausted, often on grounds that the original trial was unfair or violated the defendant's rights.

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Retroactivity

The principle that new legal rules should not apply retroactively to cases that occurred before the ruling was established.

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Right to Counsel

The right to have an attorney represent you in legal proceedings, ensuring equal access to justice and a fair trial.

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Equality of Access to Counsel

The concept that all individuals should have equal access to legal representation, regardless of their financial means. This is crucial for ensuring a fair and just legal system.

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Government Provision of Counsel

The legal principle that requires courts to ensure that defendants have access to legal representation, often providing appointed counsel to those unable to afford it.

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Criminal Justice System

The process of establishing a formal legal system, particularly the rules related to crime and punishment.

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Administration of Criminal Justice

The systematic process of investigating and punishing crime, involving law enforcement, courts, and corrections.

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Criminal Law

The branch of law concerned with the definition, prosecution, and punishment of crimes.

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Procedural Law

The branch of law dealing with the rules and procedures of the legal system, including how trials are conducted.

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Substantive Law

The branch of law that defines the substantive rights and duties of individuals, including the elements of crimes and their potential punishments.

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Skepticism About Criminal Law

The belief that the criminal law is not always effective in deterring crime or rehabilitating offenders, raising concerns about its effectiveness and moral implications.

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Official Conduct

The actions or inactions of law enforcement officials, including police officers and prosecutors, that are involved in enforcing the law.

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Limitation on Official Power

The practice of limiting the discretionary power of law enforcement officials to prevent potential abuse and ensure fairness.

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Hypocrisy in Law Enforcement

The practice of engaging in practices or behaviors that are not explicitly authorized by law, often done to achieve a desired outcome.

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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.

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