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.
Patrice Foster Professor Hayaud-Din Government 2301-2406 Summer I 2012 Extra Credit Abolishing The Exclusionary Rule Word Count: Patrice Foster The Exclusionary Rule The Exclusionary Rule is a senseless rule. We should get rid of it and the police and prosecutors should be able to use the evidence even if it’s obtained in violation of the rule, because we could potentially let criminals go to satisfy this rule. This rule is so full of controversy, that it is hard to support. How can we as citizens embrace this rule? A rule that does so little to protect the law as it was made.
This research paper will attempt to answer these questions to better understand the nature of repressed memories and their place in the legal system. An in-depth analysis of important research being done on the topic will shed more light on repressed memories. Before we begin to look at research on repressed memories, it is important to fully understand what the term means. According to Elizabeth Loftus in her article, “The Myth of Repressed Memory”, repressed memories are memories that are not “simply forgotten” nor “deliberately kept secret.” The idea is that when a traumatic event happens to somebody, that person’s mind could react by “removing the memory” from his/her “consciousness.” However, once the mind removes this memory from a person’s consciousness, the memory is not permanently gone; it can come back to that person later in life. This is the definition of repressed memories used by most researchers.
When it comes to assault, robbery, and burglary cases there will be typically more error due to eyewitness identification and circumstantial evidence. b. Most exonerations are not tracked when it comes to local and state municipalities so most cases prosecutors will say and go with the original verdict because they feel they usually are accurately right even with new evidence that could show innocence this then clouds the understanding of wrongful convictions. 3. Causes of Wrongful Convictions a.
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
Exclusionary Rule Evaluation Danette Grossman CJA/364 August 6, 2012 David Harper Exclusionary Rule Evaluation In this evaluation we will be discussing the exclusionary rule in every aspect there is to look at this rule. We will be analyzing the rationale and the purpose, identifying and telling the exceptions, and examine the cost and benefit and last but least the remedies. Here we are going to start with the rationale and the purpose of the exclusionary rule, and that is that is really about the law enforcement being good. The biggest things are they want to solve cases and get convictions, so there is something there for them to ignore like the rules that they are given about the evidence. By making this exclusionary rule, the court has to take the incentive away so police cannot take a person’s constitutional right’s away.
The public needs to get involved more in changing what we all should see are flaws that still remain in the system. The 2004 Crime Victims’ Rights Act started to change the way the courts deal with the victim to a crime. It also opened the door for states to offer further protection to the victims as well. The issues still seem to be with the victim impact statements and what is permissible in court to be heard. The victims aren’t a recognizable party in the sense of a court proceeding.
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
However, decisions regarding sentencing need to correspond with the goals of punishment to meet the common objective. Without an agreement between law and corrections, productivity and effectiveness cannot succeed. References Law Reform Commission. (2003). Report 102 – Sentencing: Corporate Offenders.
To what extent have policing deficiencies that contribute to miscarriages of justice been mitigated? For the purpose of this assignment the following essay will be looking at miscarriages of justice and the policing deficiencies that led to them. The cases that have been outlined will show that there are common themes that apply to most injustices which are the police and the way they handle suspects, questioning, detention, human rights and so forth. It will also be taking a look at racism within the law and one high profile miscarriage of justice case that poured racism from every angle and had society screaming for reforms to the law to make sure it never happens again. This paper also looks at two other high profile injustices, the cases