These, however, must be proved appropriately to allow courts practice fairness in defenses. All criminal activities act within a law, which states the behavior allowed or disallowed by a state. Additionally, there must be an act performed to prove a crime. The American government, for instance, bases crime of acts rather than thoughts. Additionally, courts must gauge the intention of persons involved in criminal activities.
The arrest of the suspect(s) is a serious step as police believe they have enough evidence for the courts to convict the suspect. When an arrest is made the police must advise the suspect of their Miranda Rights before questioning a suspect can begin as anything a suspect says to the police cannot be used against them and be thrown out of court. When the suspect is brought to the jail they go through an administrative procedure called booking where the suspect is finger printed, personal data is collected and are read and have to sign a statement that they understand their Miranda Rights.
It can depend on the investigation being held, the place and the difficulty of being able to solve the case. The investigator mindset is to find out why the crime happen, how it could’ve been prevented, and also investigate all the evidence that was found. These concepts can associate with the optimal mindset of an investigator manifest by how much the investigator knows, how much training the investigators has, and the experience that the investigator already has. The more training and
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.
Statistics are usually collected on based on three categories: Offenses, the breach of law; Offenders, those who commit the offenses; and the victims, the ones who are offended against. The United States has programs in which they collect this data; the first is the Uniform Crime Reports, which is compiled by the FBI and the Crime Victimization Survey, handled by the Bureau of Justice Statistics. Crime statistics for the same crime can vary based on not just between countries and jurisdictions, but also between individual law enforcement officers that have come across the same exact case. There are some crimes that are reported to law enforcement but are not reported because the law enforcement officer that takes the report has the power of discretion. They have the ability to affect how much crime is recorded, based on how they record their activities.
The criminal investigation process is a complex aspect of the legal system that aims to gather evidence lawfully, justly and in the accordance with the rights of the victims, accused and society.The criminal investigation process encapsulates the powers of police to detain suspects, gather evidence, 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. Police investigate most alleged crimes, but it is left to their discretion as to whether or not the alleged criminal activity warrants investigation. This may come down to the resources that the police have at
Describe criminal prosecution and civil remedies for constitutional rights violations. ● Police can be held criminally liable, as well. For instance, both state and federal law enforcement officers can be held criminally liable for violating certain federal laws. Officers are also bound by the criminal law at the state level. They may, of course, be permitted to engage in certain authorized conduct that would be a crime if committed by regular citizens (such as the use of deadly force in appropriate circumstances).
Criminal Profiling August 13, 2012 CJ230 Police operations and Administration Criminal Profiling Criminal profiling defines as the investigation of a crime with the hope of identifying the responsible party, based on crime scene analysis, investigative psychology and behavioral evidence analysis. Many claim that criminal profiling is a science or an art. Criminal profiling’s use helps law enforcement make positive evaluations. Behavioral scientists and criminologists use the criminal profiling technique to examine criminal behavior. In the future criminal profiling will go further to help investigations and help in the predictions for future actions of criminals.
HOW PROBABLE CAUSE IS ESTABLISHED Probable cause can be established in three ways: ■ Through an officer’s own knowledge of particular facts and circumstances ■ Through information given by a reliable third person (an informant) ■ Through information plus corroboration All three means rely upon the officer to establish probable cause. If the officer seeks the issuance of an arrest or a search and seizure warrant from a magistrate or judge, probable cause is established through an affidavit (although some states allow what is in writing to be supplemented by oral testimony). If the officer acts without a warrant, probable cause is established by oral testimony in court during the trial. It is therefore important for the officer to be
Eyewitness accounts provide important evidence that may lead to the identification and arrest of criminal suspects. It is in the trial process that eyewitness testimony is most crucial and is most often correct. However, in some cases, mistaken identification may occur and lead to the wrong conviction of an innocent person. This is due to how the memory retains and processes information after being subjected to traumatic events. It is known that memory functions in different systems which consist of different sub units.