Within the due process one may not be treated cruel, unfair or be given unreasonable treatment. Every accused person is entitled to fair procedures, and the due process applies to the criminal justice system as the trials, parole hearings, and administrative hearings. Due process main goal is to protect the innocent from being wrongfully convicted but may be looked upon as focusing on the rights of the accused and ignoring the rights of the victims. Crime control model is taken back a little and is the complete opposite of Due Process Model, which the crime control model focuses on the initial arrest, prosecution, and the conviction of a criminal. Due process priorities stand with protecting an
Other questions that I will also talk about are how to reduce ethical problems in an investigation, what prosecution problems could arise and what ethical issues are related to the prosecution. What are the specific ethical considerations that need to be addressed when investigating the specific crime? When an investigator is investigating a rape, he or she would need to be very sympathetic and try to understand that the victim is going through a horrific incident. The investigator must be very careful when asking the victim questions about the rape and the suspect/suspects and not to assume anything. This information could be used as evidence later when it goes to trial in court.
The police are there to help by phone, internet or in person. They are there to solve crimes, help the public, and maintain safety and security. The police also have to help individuals within, for example if a person is fearful for their safety, then the police would investigate the matter and reassure them, or if a person has gone missing then the police would do anything in their power to find the missing person. The police are a statutory service because it entitles them in their duties to maintain the safety of the public; they also help to form better communities. The police are required to protect and serve in any dangerous situations and as much as possible.
Assess the usefulness of functionalist approaches in explaining crime The functionalist approach to analysing deviance and the causes of crime looks at society as a whole. It explains crime that the source of criminal behaviour lies in the nature of society itself rather than in psychology or biology. Functionalists such as Durkheim see deviance as an inevitable and necessary part of society and too little is unhealthy. Some also consider crime to have positive aspects for society. In this essay we will assess the usefulness of these functionalist theories, and look at how it helps us explain crime.
Because the overall objective of Restorative justice is to involve all stakeholders, it requires the assumption that crimes or violations are committed against real individuals, rather than against the state. It serves as an advocate’s restitution to the victim by the offender rather than retribution by the state against the offender. Instead of continuing and escalating the cycle of violence, it tries to restore relationships and stop the violence. Victims’ respond to this as a need because it helps them feel what they want to feel most and that’s safe. Some of the most important components a victim needs and desires are to feel safe, to have support and most importantly to have a voice.
Assess the effectiveness of the criminal investigation process in achieving justice The criminal investigation process is a complex aspect of the legal system that aims to gather evidence lawfully, justly and in accordance with the rights of victims, suspects and society. The criminal investigation process encapsulates the powers of police to detain suspects, interrogate and to search and seize property, through the appropriate use of warrants and other legal means. The criminal investigation process also entails the rights of suspects, such as to bail and remand and the right to counsel during interrogation. Firstly, it can be argued that the criminal investigation process is effective in achieving justice, as it protects the rights of suspects. For example, in the case of Darby v Department of Public Prosecutions (2004), Darby was acquitted of drug possession after it was found that the sniffer dog committed an illegal search, by coming in contact with Darby's genitals.
The Due Process model would say that it is needed to make sure that officers properly follow procedures while questioning or detaining suspect on the street, in the case that something gets out of hand, a jury can see what actually happened. Although, supporters of the Crime Control model say that there shouldn’t be a need for expensive cameras to record everything an officer does, because they should place their faith in the police to uphold the law at their discretion. Advocates of both sides would agree that justice is the
The precautions that these agents have to take are for their protection, so that they won’t be in harm’s way. Illegal drug activity, and weapons used in the crime that the defendant’s of gangs use, are used when conducting an investigation of the involvement of the gang members that are involved in a crime.
Nothing matters but the facts. Without them, the science of criminal investigation is nothing more than a guessing game. Actions undertaken during crime scene investigation play a significant role in ensuring the resolution of a criminal case. A careful and a thorough investigation process are imperative in ensuring that there is no manipulation of the available evidence (Crawford, 1999). Crime scene investigators and other law enforcement agencies such as the police therefore have a chief responsibility of ensuring protection of the crime scene and the preservation of first hand evidence.
Keeping the peace means providing a presence at known trouble hot spots for example city centres. A police officer will also investigate allegations of any offence that is put before them. They will use good operational knowledge to decipher if the allegations are genuine and if so, they will report the crime and have it investigated. The police also provide high visibility policing to major events like football matches etc in order to prevent incidents of any criminality. Many police services also set local priorities which largely depend on the needs of their particular area for example, the police service in rural may have a very different set of problems from police services in urban areas.