The Criminal Investigation Process

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THE CRIMINAL INVESTIGATION PROCESS Assess the effectiveness of the criminal investigation process as a means of achieving justice. Within the criminal investigation process one will analyse how evidence such as DNA and increasing police powers affects the offender, victim and society differently. Over time the rise of new law creates different problems which must be considered in the criminal investigation process. It is important to consider how different elements of the criminal investigation process such as technological evidence, police powers, search and seizure and bail. Ultimately at times the criminal investigation process strives to achieve justice for all parties involved but may adversely affect one party differently. In…show more content…
The criminal trial process is a complex part of the criminal justice system as it must balance the rights of the individual and society. Over time the rise of new law creates different problems which must be considered in the criminal trial process. It is important to consider how different elements of the criminal trial process such as plea bargaining, legal aid, the role of the juries and the standard of proof. Ultimately at times the criminal trial process strives to achieve justice for all parties involved but may adversely affect one party differently. Plea bargaining has been another element of the criminal trial process which has caused controversial debate over it effectiveness. Under the DPP Act 1986, the guidelines are set for plea bargaining. However in the common law case of R V Koch, 2009, the offender's charge of attempted murder was reduced from 25 years to 6 years under a grievous bodily harm charge. The victim stated “All the crown has done is to give him an opportunity to finish the job. I'm a dead woman walking” Further in the SMH media report, “victims ignore in plea details”, John Hatzistergos statted “more communication between victim and office of DPP is needed”. Thus, the ineffectiveness of plea bargaining can be seen, which can negatively affect the…show more content…
Over time the rise of new law creates different problems which must be considered when assessing the responsibility of the age of criminal responsibility, for example. It is important to review how different elements of young offenders such as, the rights of children when questioned or arrested, the procedures and operation within the Children's Court, penalties for children, alternatives to court and age of criminal responsibility. Ultimately, the legislation in relation to young offender strives to achieve justice for all parties involved but may adversely affect one party

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