Discuss the powers of police in the criminal process
The criminal investigation process is the investigative stage of the criminal justice system. It is where crimes are detected and investigated, and evidence is gathered so that an alleged n offender may be brought before a court. Police have the right to arrest using reasonable force, search and seizure and to issuing special cautions. There are many arguments for and against these police powers.
One power of police in the criminal investigation process is the power of search and seizure. Under the Law Enforcement (Powers and Responsibilities) Amendment (Search and Powers) Act 2009 (NSW) police can apply to the Supreme Court for authority to enter premises and search them without the knowledge of the owner. One argument for the covert search is that it ensures police have reasonable suspicions based on evidence. However, arguments against this police power include the suspects’ right to privacy. This may be an issue since the police do not have to inform the owner of the search for up to two years. As outlined in the article Latest police weapon: a secret search (SMH 5.3.09) “It seriously undermines the balance between the states right to investigate and prosecute crime and the rights of individuals to carry out their proper business and lives without fear of intrusion by the state”. Therefore there are both arguments for and against police to use this police power on individuals without reasonable suspicion as it affects their right to privacy.
Another police power during the crime investigation process is the power to arrest suspects. Arrest is to seize a person by legal authority and take them into custody. In the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) police must have a warrant, have reasonable suspicion and use reasonable force. Arguments for the power to arrest is that it provides a judicial safeguard for ordinary citizens by ensuring that police justify their suspicions and ensuring police do not abuse their powers. On the other hand, to protect the suspect police can only use reasonable force. For example, in the case R v Skardon (2011) who was charged and convicted of assault as owned in the article “Bond for police officer who threatened youth with gun” (NH 31.10.2011). Whilst there are arguments for and against the power of police to use force to arrest suspects, the law ensures the use of force is reasonable to protect both police and suspects.
A final power of police during the criminal investigation process is their right to issue a special caution for serious indictable offences.
Related Documents: Powers of police in the criminal process Essay
The criminal investigation process is a complicated process of the legal system. This system encases police powers, which allows them to detain suspects, interrogate and to search and seize property with the use of warrants and other legal means. Its aim is to fairly and justly gather evidence while accommodating to the rights of suspects, victims, legal professionals and the society at large. It can be disputed that the criminal investigation process is effective in achieving justice as it conforms…
extent to which the criminal investigation process balances the rights of victims, offenders and society The criminal investigation process balances the rights of victims, offenders and society to a reasonable extent. The process itself includes the power of police, gathering evidence, use of technology, detention and bail. A criteria of protecting individual rights, justice and meeting society’s needs will be addressed. Police powers are chiefly outlined in the Law Enforcement (Powers and Responsibilities)…
The Criminal Justice System Jackie Powers University of Phoenix Sara Burnette, J.P. CJS/200 December 6th, 2012 The Criminal Justice System Components of the Criminal Justice System There are three basic components of the criminal justice system, the executive, the legislative and the judicial branches of the government. The Legislature Legislature, both federal and state has the responsibility of defining the crimes and fixing the sentences for crimes…
Characteristics of crime: Must be an omission which breaks law Act or omission which is harmful to the community as a whole Act or omission which is punishable by state offence must be proved according to criminal procedure Criminal law found in both statute and common law Most criminal offences are in state law though some are in federal law legislation: NSW crimes act 1900 (lists offences and max penalties) Legislation: summary offences act 1988 NSW (mostly deals with public order offences)…
Effect on decision-making process These two policies discussed with the three strikes law as well as the policy on first-time marijuana offenders have had a direct effect on the decision-making processes in the police and court systems of the criminal justice agencies. These policies affect the decision-making process by directly influencing how the different segments of the criminal justice system have to deal with offenders in these particular crimes. When you look at the three strikes policy…
information on: Duties of the Police, the powers of the police and the role of the police Duties of the Procurator Fiscal, the role of the Procurator Fiscal and the powers of the Procurator fiscal The role of the Lord Advocate The role of the Advocate-Depute Procedure In order to produce this report, there was extensive research carried out Reading the handouts Using the internet for the websites Police Duties of the Police The Duties of the Police under the Police Scotland Act 1967 is to make…
Criminal Procedure Policy Kristen Torres CJA/353 June 14, 2010 Kathleen H. Mooneyhan “Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure…
someone is forced into sexual intercourse against his or her will and without consent. Indecent assault: and assault and ‘act of indecency’ on or in the presence of another person without their consent 2. Offences Against the Sovereign: involves criminal acts against the government: Treason: an attempt or manifest intention to levy war against the state, or cause harm or death to the head of state. Sedition: promoting discontent, hatred or contempt against a leader or head of state through slanderous…
Criminal Justice System xxxxxxx CJA/204 January xxth, xxxx xxxxxxxx Criminal Justice System The criminal justice system is one of the most important tools available to a society to help control and prevent anti-social behavior. The structure of the criminal justice system is split between the police departments, courts, and corrections. Each component of the criminal justice system plays a part in an individual’s experience with the criminal justice system. There are different theories and assumptions…
Criminal Procedure Policy In the United States criminal justice system the criminal procedure policy is begins when a crime is committed and person is arrested for that crime. This person is now known as the defendant and is protected throughout the criminal procedure policy under the United States Constitution. The United States Constitution ensures fairness and justice to all through the Bill of Rights and other Amendments. Additionally, two procedural models help shape the criminal justice…