Also, it is important in this process to prove a person guilty by legally-found facts and evidence. However the crime control model does not protect a suspected offender’s rights as much. The crime control model is based more on helping the victim, even if defendant’s rights are compromised. This model attempts to repress crime and give expansive power to police. It looks to find guilt rather than prove innocence.
But the use of force can be questioned in many ways. The 4th Amendment forbids “unreasonable search and seizures”, with a “seizure” being the use of unreasonable force. Then with the offender often being arrested and incarcerated they have the 8th amendment that protects them from cruel and unusual punishment. But should someone be accustomed to being assaulted by a police officer just because? No.
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
It is important to the criminal justice system because a client should always have adequate representation. The issues that surround attorney-client privilege also make it very important to the court system. Some of the issues that exist because of the complexity of privilege are mainly questions such as in what instances should an attorney break that privilege, what if a client admits guilt of a crime, what about a client that conveys their intent to commit a crime. Admitting guilt of a crime that has already occurred is considered privileged information, however, a client that conveys their intent to commit a crime is not covered under the attorney-client privilege. It is an attorney’s obligation, in fact, to break that attorney-client privilege in order to prevent future harm (Meyer & Grant, 2003).
Both prosecutors and law enforcement, sometimes knowingly ignore this behavior, in hopes that their testimony will secure a conviction in their favor. Law enforcement who work closely with the crime lab in their department will often try to influence Pathologists to tailor their analysis and testing of evidence to suit their needs in assurance of a solid conviction. Consequently, Pathologists are criminally mishandling and presenting false testimony of the evidence and tests. Regardless of their underpinning of excuses, we must find some means of addressing these issues on a broader scope within the criminal justice system. Dr. Ralph Erdmann is a prime example of one who would
This is a map that is individual to the person where they will have routine routes of where they will walk/drive etc. Brantingham theory suggests that offenders are more likely to operate in areas ‘cognitively known’ to them rather than places they don’t, so can explain patterns such as burglary in certain areas. This theory explains where crimes are more likely to happen, but Clarke’s opportunity theory explains why certain victims are chosen and others aren’t. As it depends if the target is accessible so how easy it is to commit the crime such as no security cameras in a store will probably have a high percentage of stolen goods. Another factor is that it depends on how attractive the target is in that how much will the individual gain from committing the crime or how easily the crime can be implemented such as robbing from a bank will have a high risk factor.
However, no matter how much of a gut feeling a law enforcement officer may have that officer cannot even legally stop a suspect. A standard of proof that has more certainty is Reasonable Suspicion. This is more than a gut feeling, it includes the ability to articulate reasons for suspicion. When an officer is an a situation that something looks out of place or wrong, that officer may stop and frisk a suspect based on this reasonable suspicion. Probable Cause, as I stated previously, is the amount of evidence present to reasonably suspect criminal activity.
These hoaxes amplify society’s image of the criminalblackman. These white-on-black racial hoaxes are often times believed immediately because society finds it highly likely that a black person did indeed commit the crime. Often times the perpetrators of these racial hoaxes are only charged with filing a false police report, if any charges are brought at all. In the event the perpetrator is charged with the crime they are trying to cover up, it is less likely that any additional charges will be filed for the hoax since they are already being charged with the more serious crime. Typically there is not amends of any kind made to the person or the community that has been affected by the hoax; not even a simple apology.
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.