Criminal Justice System Essay Sample
1. Measure THE EFFECTIVENESS OF THE CRIMINAL INVESTIGATION PROCESS AS A MEANS OF ACHIEVING JUSTICE
The jurisprudence defines what a offense is and whether a peculiar act constitutes an offense. But Torahs entirely would be uneffective without any agencies enforce them. The duty for implementing condemnable Torahs and guaranting they are adhered to prevarications with the constabulary. therefore it is the actions and findings of the constabulary that are evaluated in footings of accomplishing justness in the condemnable probe procedure. Police may a important function in the condemnable probe procedure as they investigate offenses. do apprehensions. interrogate suspects and gather grounds against the accused. The extents to which constabulary powers are exercised affect the procedure greatly. The Law Enforcement ( Powers and duties ) Act 2002 ( NSW ) contains bulk of the powers constabularies are entitled to. Police are expected to handle all members of society in a just and ethical mode. In fortunes in which constabulary have the power to entree information concern has been expressed about privateness of ordinary citizens being invaded by such a system.
Polices have besides been accused of doing up false confessions or of utilizing menaces of force in order to coerce people to do false confessions. Police in some instances misuse their powers to an extent of coerciveness and inordinateness. In the instance of Derek Copp. he was blinded by a torch as constabulary came in through his back door with a dug warrant and a police officer shot him in the thorax as Derek tried to screen the light signifier his eyes. In this instance constabulary have excessively much discretion and contention is created. Reporting a offense is the initial measure of a condemnable probe procedure. A offense may be reported by private citizens who may be informants to instances ; many offenses may travel unreported every twelvemonth due to the grounds such as fright of effects. inability to describe. humiliation or reluctance to go involved. Not all reported offenses are to the full investigated and prosecuted as resources and clip are limited to more serious and high precedence offenses.
It is the function of the constabulary to garner grounds to foster the probe and back up a charge in tribunal. It involves taking witness statements and looking at grounds left buttocks at the scene. Evidence that has been contaminated or compromised is put as inadmissible grounds and can non be put frontward in tribunal in a proper and lawful mode as required by the Evidence Act 1995 ( NSW ) . This supports both the thoughts of accomplishing justness and non accomplishing justness. The usage of engineering is another mean of look intoing a offense as it is considered highly dependable in respects to aggregation of DNA grounds and cybercrime units. The usage of engineering comprises a positive and negative facet in respects to accomplishing justness in the condemnable probe procedure. Use of engineering can act upon a more accurate condemnable procedure and of accomplishing more dependable grounds. In the instance of Matt Baker. where he was convicted of slaying and was sentenced to 65 old ages in prison after His married woman had seemingly committed self-destruction by o.d.ing on kiping pills and had even left a suicide note.
It was subsequently revealed. that through analysis of Bakers computing machine that he had typed in “overdosing on kiping pills” . Search and ictus are besides powers given to patrol during probe in offense. although most hunts must be admitted through a warrant which justifies their legal power to execute an act. Police are given powers to ‘search people and confine things’ under the Law Enforcement ( Powers and duties ) Act 2002 ( NSW ) . Powers of hunt and ictus are frequently the most controversial of constabulary powers because they represent an invasion into people’s privateness of personal infinite. With mention to the Mapp V Ohio instance this supports that constabulary have inordinate coercive powers since they forcibly entered Mapps place and that justness is non efficaciously reached since the grounds obtained was non through a hunt warrant therefore the stuffs obtained could non be used as grounds in tribunal.
Arrest. detainment and charge are the concluding and most of import measure in the probe procedure. Arrest involves under the Law Enforcement ( Powers and Responsibilities ) Act ( NSW ) that the constabulary can catch a fishy perpetrating an offense believing on sensible evidences and possessing a warrant for that person’s apprehension. Under apprehension a suspect may merely be held for a specific period and must either be charged with perpetrating the offense or released unlike the instance of Mohamed Haneef where he was detained by constabulary for 12 yearss without charge. Detention and question under the Law Enforcement ( Powers and Responsibilities ) Act 2002 ( NSW ) sets out the lawful conditions that a suspect can be detained for oppugning and for the intent of farther probe. At the terminal of the maximal detainment period. the constabulary must either bear down the suspect or let go of them. If the proper processs are non followed. the cogency of the full instance may be jeopardised and accomplishing complete justness is effectual.
Once a individual is charged. they will be issued with a biddings to look in tribunal and a bond hearing will be set. Biddings is a legal papers that states when a individual must look in tribunal. Witnesss will besides have a biddings papers. In more serious affairs. once the accused may be detained at the constabulary station. As a suspect is transitioned to bail they are on impermanent release expecting test. With the hazard that the accused may be in fact inexperienced person and finally found non guilty and may ensue in an extended period of detention. there is a agency of non accomplishing justness for the accused. If bond is denied. the accused will be held on remand in constabulary detention. If the accused is found guilty. the clip they have spent in remand is normally taken off their sentence.
There are factors impacting the accomplishment of justness in the condemnable probe procedure that aid guarantee and restrict the accomplishment of justness. When constabulary usage engineering to battle offense and utilize their broad powers lawfully and responsibly a agency of garnering grounds and support for a instance is accomplishing rightly. The right to hush for accused protects them from giving replies which may harm themselves subsequently. Generally grounds that has been obtained lawfully will be inadmissible in tribunal. sometimes profiting the accused and the society. The factors that limit the accomplishment of justness in the procedure include the inordinate exercising of constabulary powers which may go against people’s privateness. When important Numberss of offenses are non reported a agency of justness is non achieved for both the victim and the society taking to wrongdoers still harming society. Illegally obtained grounds that is inadmissible may endanger the given of artlessness for the accused. The condemnable probe procedure conducted by the constabulary behold factors that guarantee justness is served and factors that limit this justness to be achieved. yet the legal system attempts within its will and legal power to fulfill and carry through the agencies of bulk.