Handling evidence properly is one of the most crucial points of any investigation. Without even intentionally doing so, mishandling of evidence could mean a case thrown out of court. Some types of mishandling of evidence would be planting of evidence, removing evidence, not following the chain of custody and unlawfully obtaining evidence. Rape cases should involve specially trained individuals, if an untrained investigator was to handle a rape case the way a homicide case was handled even more issues can arise. Reducing Ethical Considerations From arrival at a crime scene the investigator must follow only the facts and remove any emotion from considerations.
Basic rights are protected by criminal law. Once a person is convicted of committing a crime, those basic rights are taken away. Also, once the crime rate has gone up, or there are too many people doing the same crimes, for example gun violence, our basic rights can be changed and altered, so there are restrictions on the basic rights of citizens. The police and law enforcement systems are required to enforce criminal law. If any citizen tries to misuse his or her basic rights, or take away other citizens, law enforcement is required to take action on it.
With the information it is formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense. The indictment it is a formal, written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony. After you have the indictment sometimes you go in front of the grand jury. Then you go for your arraignment it is the first appearance of the defendant before the court that has the authority to conduct a trial. A trial is a criminal proceeding that examines in the court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant.
Justification and excuse will be described as well as the outcome of each case. Types of Defense A defense consists of evidence and arguments offered by a defendant and his or her attorney to show why a person should not be held liable for a criminal charge. There are two types of defenses, factual and legal. Factual defense is when an individual insist he or she did not do it. Legal defenses can have a signification effect on disposition of the case.
Many decisions pertaining to a case going to trial and how actively they pursue the case are left up to prosecutors and how they view the evidence and what the evidence means to them. This can be described as prosecutorial discretion. How does this affect the prosecutor and overall case flow in the criminal court system? Prosecutorial discretion puts an abundance of pressure on the prosecutors and their roles in the courts. The prosecution must without a reasonable doubt prove the defendant is responsible for committing the crime.
After a crime has been committed and the individual who is responsible has been caught, they will begin the process involving “criminal defense.” When an individual breaks the law, there are various forms of defense that he or she may be eligible in using in regard to the charges that are being brought up against them. During the process, there maybe one or more defenses’ that will be used during the defendants criminal trial. Types of Defense’s When a person has been accused of a crime, he or she are given a chance to plead his or her fate during the trial process. This process is done during the arguments of the trial and submission of evidence proving their innocents. A defendant and his or her legal representation must prove to the judge and jurors why they are innocent and that he or she should not be held accountable for the crime in question.
This is the main question asked in control theories. “Rather than asking the typical criminological question, “What makes people criminal?” these theorists share a conviction that deviant behavior is to be expected. What must be explained, they say, is “why people obey rules” (Williams & McShane, 2010, p. ). What I’ve understood from all of this is that society has placed certain constraints and rules upon each citizen and we are to live our lives according to said rules. When we break or deviate from any rule, no matter how minor it is, then we are committing acts of criminal behavior.
Crime is a part of society’s daily routine. Crime can directly affect a person, place, or any witnesses of the said incident. Crime is defined as “conduct in violation of the criminal laws of the state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse.” (Defining Crime, 2011) Crime is usually categorized as either a property or personal crime. Personal crimes include crimes of violence such as murder and robbery. With a personal crime you will have a perpetrator and a victim.
The key difference between these two models is that the crime control model is much more harsh and unrelenting; it emphasizes controlling crime via punishing suspects while the due process model emphasizes careful examination to ensure less innocent people are unjustly convicted. The crime control model places an emphasis on "placing as few restrictions as possible on the ability of law enforcement officers to make discretionary decisions in apprehending criminals"(Gaines). Under this model, courts would be more willing to convict offenders, even with an absence of compelling evidence. For example, a court would be more willing to accept a police officer's account of a homicide without careful cross-examination under the crime control model in order to repress crime. In contrast, the due process model emphasizes "protecting the rights of the accused through formal, legal restraints on the police, courts, and corrections" (Gaines).
Due Process In order for a crime to occur there are elements to a crime. First the act that was committed has to be justified illegal, next there has to be a victim, and a location the alleged crime occurred. Unless a police officer has witnessed the crime when it occurred, they cannot respond until the crime has been reported. After a crime has been reported then the criminal justice system begins. The person who allegedly committed the crime has just as many rights as the victim, and their rights start the moment the arrest is made.