Human Rights and Criminal Justice 1. The best approach to dealing with the intersections between human rights and criminal justice is to strike an appropriate balance between the ‘crime control’ model and the ‘due process’ model of criminal justice. Critically discuss this statement, making concrete reference to at least one of the following topics examined in this module: (a) policing and human rights; (b) the right to a fair trial. Your answer should make reference to relevant UK and ECHR legal provisions and case law. 2. The police play a vital role in society and human rights are hampering their ability to protect law-abiding citizens. Critically discuss this statement. Your answer should make reference to relevant UK and ECHR legal provisions and case law, and should consider both: (a) stop and search; and (B) police detention. 3. ‘Unfortunately judicial decisions about Article 6 fair trial rights are generally dominated by consequentialist reasoning.’ Discuss in relation to each of the following: (i) the exclusion of illegally or improperly obtained evidence; (ii) the admissibility of hearsay evidence; and (ii) the right to an independent and impartial tribunal. 4. Human rights law is only marginally relevant to sentencing decisions in the UK. This is because the statutory framework for sentencing decision making invariably ensures that sentences will be compatible with human rights law requirements. Discuss. 5. In the prison context, human rights doctrine rightly seeks to uphold human dignity against popular punitiveness, and the principle of rehabilitation plays a central role in this endeavor. Critically discuss this statement with reference to the application, in the prison context, of at least two of the following: (a) Article 2 ECHR; (b) Article 3 ECHR; (c) Article 8 ECHR. Your answer should make reference to relevant case law.
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