Confessions must go through five hurdles in order to be considered valid, these hurdles are: The voluntariness test, one part of this test focuses on the susceptibility of the suspect like the background and intelligence, mental and physical condition and prior experience with the law. The other part of this test focuses on the environment and methods used such as the location where the questioning took place the length of time and food and sleep deprivation and the intimidating presence of the officers. The second hurdle would be the Anglo-American Tradition this means that the confession must be of free will and voluntary choice and must
Criminal Acts and Choice Theories Response The basis of the “choice theory” is to show why and/or what causes a criminal to make the choice to commit a crime. Every person has to make their own choices and decisions and criminals make irrational decisions when, where, and how to commit a crime. All the while giving no thought to the punishments for their actions because the personal gain is of greater value to them. Criminals do not believe the laws apply to them. The criminal commit crimes for personal gain, money, power, and status.
A criminal investigator is the one who looks for evidence to establish whether a crime has taken place (Bratton, William, 2002, p. 24). When a crime has been committed, a criminal investigator will try to uncover who committed the crime. Several investigation techniques are applied in order to find the specifics needed as evidence for a case. Depending on the depth of the crime committed, it is sometimes necessary to use people convicted of crimes to help convict other people doing similar crimes. This is necessary since law enforcement officers are committed to criminal investigations involving accounting fraud.
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.
In order to further understand why people commit violent crimes we explore rational choice theory and ask ourselves is crime rational? People commit very aggressive violent crimes all the time while knowing there is a chance that if their caught there will be some form of consequence. They plan out there actions only after weighing the outcome and consequences of following through with the crime. This process of deciding whether or not to commit the crime is known as “Rational Choice Theory”. In rational choice theory, the main concept is that no one acts violently or behaves defiantly on just impulse.
Police are often too overwhelmed to protect all citizens from violent crime. 7. Banning guns will create another potentially large source of organized criminal revenue, as a black market for guns will surely develop. 8. Banning guns will take away yet another piece of our liberty, which is one more step to
Anyone can obtain a gun by going to a state with less restrictive laws or by getting a friend who lives in the state to buy the guns for them. A national system would prevent this by scaring those "friends" into not buying the guns legally and selling them illegally, then if the guns are used in an illegal crime, that person can be held accountable. Secondly, a national system would be more helpful in tracking crimes after they have happened, to bring the perpetrators to justice. Instant background checks, on people attempting to buy guns or ammunition, are the next step in gun control. Brady system is still limited, and does have its flaws in tracking felons.
Criminal ensure that police are not around by choosing the place and time they will commit their crime. They choose a time when their target(s) is/are at their weakest or alone, due to them being stronger, having a weapon or any other advantage to benefit. This will leave the victim at a disadvantage and the battle will not be equal. With the right to bear arms will give victims the opportunity to overcome criminal assaults by defending themselves or simply leaving showing the criminals your weapon as a threat. The police do not reach the scene of the crime until after the assault is committed.
For an organised criminal, there would be signs that the crime committed was pre-meditated and planned with minimal evidence left behind, they likely would have known the victim and if sexual assault did occur, it would have been while they were still alive. In contrast, the disorganised criminal would have minimal social skills, likely a low IQ and be criminally inept or inexperienced, the killer would likely not have even known the victim and would instead pick them at random without planning. The crime scene would thus be generally littered with evidence, this would include DNA (blood, semen, effluence too which would suggest that
Deception Deception is used by law enforcement to help them gather facts or the truth about a crime committed. Deception is one of the most used tools in investigation, interrogative, and the testimonial process and some believe that telling a little “white lie” to catch a criminal is not a problem. Criminal activities are increasing at a fast rate in the United States and law enforcement needs some type of help in catching a criminal and sometimes saving a life. One of the questions posed by some not in law enforcement could be if it is ethical to lie to obtain the truth. This paper will discuss that topic along with if it is a conflict between the code of ethics and how law enforcement is conducted.