A rule that does so little to protect the law as it was made. The exclusionary rule allows criminals to go because evidence was illegally obtained, but what about the victims of the crimes. It is almost a turntable and they have become a victim for a second time. I am going to discuss the three main reasons why we as citizens should get rid of the rule. One is the releasing the guilty back into society, next is the slowing down of the criminal process and the last thing is the behavior and consequence of the police officers involved in the cases.
(Johnson, 2002) Role of Law Enforcement Crime control model cites to a possibility of criminal justice which places stress on dropping the crime in company by altered law and prosecutorial authority. In counterpoint, the “due process model” centers person liberties and corrects and is concerned with bounding the abilities of authorities. The function those act in the policies is that they are authorities collected curricula. The crime control model is in occupied affirm of such authorities collected curricula to engage consequently. The due process model, however, deficiencies less government interest and more private venture.
The NSW police force is given special legal powers under the law which enable them to carry out their duties effectively, majority of these powers are contained in the law enforcement (powers and responsibilities) act 2002 in order to investigate crimes, make arrests, and gather evidence against the accused. The police are not allowed to detain a person unless they have good reason to do so and during the course of an investigation, police may use their discretion to decide whether they wish to arrest someone for a crime. Occasionally police may request a warrant from the local court magistrate for an individual’s arrest. The document authorises police to apprehend an offender using discretion and bring that person before a court. Although the challenge for all communities is to balance the extent of powers required by police against the rights of ordinary citizens.
We know that police officers use excessive force, and they also use their authority to verbally abuse people. So what causes police officers to abuse their authority, and (or) leads to brutality? One of the challenges with this is that not every citizen reports a police brutality, whether they see one happening, heard of one happening from their friends or family or if they themselves were a victim of one. Another challenging issue too is that we know some brutalities are not reported; therefore it makes it harder to measure those versus what is actually reported. Police brutality wouldn’t be an issue if we didn’t have to police our law enforcement officers.
The fact that officers know that illegally obtained (but true) evidence will quite possibly be thrown out, and therefore dangerous criminals will be freed, will encourage them to follow the proper procedures. (Woodfin, 2009) In addition, there are already several exceptions to requiring a warrant, such as “stop-and-frisk”, airport and school searches, voluntary searches, and emergency situations (Scheb, 2008) While these arguments supported the continued use of the exclusionary rule, there are also many argue against its value to our criminal justice system. One of the most
Explain the Appeals Process in the Magistrates Court The magistrates’ courts hear a wide variety of lower level criminal cases in England and Wales. When charged with a criminal offence for which you appear before the magistrates’ court (or Youth Court) a number of things can happen. You may plead guilty to the offence with which you are charged, or be found guilty after a trial, after which you will have a conviction. In less common situations, the Crown may decide that they have insufficient evidence to continue to prosecute you, or that proceeding with the case against you is not in the public interest. It is possible for magistrates to proceed to try your case in your absence, so you can be found guilty of an offence even if you don’t attend your trial.
Conclusions are drawn from what is found at the scene and does not involve using a classification system from past crimes as much as the USA, making it comparatively idiographic as it doesn’t generalise criminal behaviour and focuses on the individual. The first well known case in Britain involving profiling was by David Canter who drew up an accurate profile of John Duffy – the Railway Rapist – who was responsible for 24 sexual assaults. Canter was correct about the area Duffy lived in, his age, and the fact that he had knowledge of the railway system as he worked for GB rail. He also mentioned that Duffy would have probably had a criminal record and be under arrest in the time there were no reported attacks, and it was found that Duffy did in fact rape his wife at knife point so Canter was quite
Most individuals do not report crimes for fear of retaliation of the criminals, failure of the police to take proper action to protect the “snitch”. There is a saying “snitches get stitches”, meaning
Today's police have an advantage over their counterparts of the 60's and 70's with the help of the invention of the computer, new processes, and new calculations being processed. Information stored in some form of database such as business code violations, burglaries, citations, demographics of age of residences, housing appraisals, utilities usage and many others aspects are used to create an educated guess on where police should focus their efforts on deterring crime. When predictive information is used appropriately this can bring about a great change to law enforcement such as was seen in Santa Cruz Police department that used the data to arrest five criminals. However, the adage of “Garbage in Garbage out” comes into play. Typically, a human handles all data entered into a database and there are always clerical mistakes with data entry.
Police brutality Is also a direct violation on the 5th and 14th constitution amendments. Police brutality can create a fear in a community or even individuals. The number of cases in the United States on police brutality is in the thousands. Many of police brutality instances are never reported due to the individuals fear, of what might come if it were to go to court. In the U.S. constitution the 5th amendment protects citizens from the abuse of government employees.