WJEC Criminology Unit 4 AC1.3 Exam Questions with 100% Correct Answers

Describe the due process model (6) Correct Answer Focuses on the presumption of innocence and necessity to produce fairness.Emphasises the defendants legal rights. Police power must be limited to prevent official oppression - a thorough investigation with legislative obstacles to protect the rights of the innocent. The protection given to defendants is to ensure that the innocent are acquitted and the guilty are convicted and punished Features : right to appeal,right to a fair trial,presumption of bail Legislative examples : PACE Act (1984),Human Rights Act (1998) Which theories can be applied to the due process model? Correct Answer Due Process Model : Oppressive policing makes residents unwilling to assist the police Left Realism : Police must follow due process by acting in a lawful,non discriminatory way to fight crime effectively,since it depends on the cooperation of the community Labelling Theory : Police may act illegally by harassing groups they negatively label as 'typical criminals' Due Process Model : Police power must be limited to prevent official oppression and police should follow lawful procedures Legislative examples of the due process model Correct Answer Police and Criminal Evidence Act 1984 : Identified a lack of procedural safeguards in police interviews.Interviews are now recorded and suspects have the right to legal representation Human Rights Act 1998 : Allows criminal justice practices to be scrutinised from a human rights perspective Due Process Model Case Study : Thompson and Venables Correct Answer Appealed that the trial had not been impartial as it was an adult trial procedure for kids. European Court of Human Rights reviewed minimum sentence,from 10 to 8 years.