2.the criminal investigation process (questions) Flashcards
what are the three responsibilities of police
-prevention and detection
-ensure maintenance of public order
-criminal laws are observed
what is their role in the criminal investigation process
-investigate crime
-make arrests
-interrogating suspects
-gather evidence
who are cases often investigated by
federal or state police.
what are main police powers?
-arresting and interrogating
-search property and seize evidence
-use reasonable force
-use particular technologies to assist in investigation
-recommendations on bail
what are certain provisions of police and why are they put in place
- they sometimes need to seek a warrant
-done when a certain power is needed for a police to do
- put in place to ensure safety of public so police can stay in accordance with their rights (rule of law)
what are the standards of professional conduct?
-specific code of behaviour
-sets out police values
-ensures they treat individuals with fair and ethical manner
how is it ensured that police oblige by the standards of professional conduct
two further checks are the police integrity commission and ombudsman
what are the two types of ppl who report crimes
-someone who has knowledge of crime
-a witness
why are people hesitant to report crimes?
- reluctant to become involved or appear as witness
-fear of consequences
-percieved time or administrative burden of reporting a crime
-dispute has already been settled with offender
what are widely reported crimes vs less common
- property offences so victim can recover property or claim insurance
-domestic violence or sexual assault (85% go unreported) this is because shame and embarrassment or ordeal of reliving in court
once police receive information about a crime, they will make a decision about whether to pursue an investigation or take no further action. what is this decision based on?
*The severity of the offence
*The likelihood of success
*The available resources or priorities
why is the investigation process long at times?
- it must be established that crime has been committed
- offender must be found
- evidence must be gathered to prove case
what does gathering evidence look like at the crime scene?
*witness statements at the scene of the crime
*crime scene detectives looking at any evidence left behind
why does gathering evidence have to be taken in a quick manner?
this is because witnesses can forget what they saw or heard,
or evidence can be interfered or compromised with. (inadmissible)
what are thecharacteristics in regard to evidence
- important that evidence gathered is relevant to case
-evidence must be obtained in proper and lawful manner
-if evidence has been compromised with, it is considered inadmissible
why is it important to place provisions on evidence
like certain rules while investigating someone
*to help ensure that the collection of evidence is legitimate
*does not interfere with the rights of ordinary citizens
*in certain circumstances, strict procedures must be followed (court warrant needed)
what are the types of evidence?
- oral testimony
-physical evidence
-witness accounts
-documents (plans)
-fingerprints, DNA
-tape recording, video survelliance
why is it hard to apply technology in evidence/police
a new technology may not be completely reliable
*it risks being inadmissible in court as evidence
*it may result in a wrongful conviction
what is the search and seizure
*Special power given to police to assist in investigating crime
It is the power to search people and seize and detain things in certain circumstances
*The main power is the seizure without the need for a court warrant
why is search and seizure the most controversial power of police
*they represent an intrusion into people’s privacy or personal space.
*can also be confronting or embarrassing, especially when conducted in a public place.
in what circumstances are police allowed to stop and search someone?
where they ‘believe on reasonable grounds’ that the person is carrying
*anything stolen
*used in commission of an indictable offence or another specified offence
*a prohibited plant or drug
*a dangerous article in a public place.
what is a warrant
Legal document issued by a magistrate or judge and authorises a police officer to perform a particular act.
-needed to search premises/private properities
when applying for a search warrant, what does a police give ?
the police must give substantials reasons or evidence to the magistrate or judge
*This is to justify the granting of the warrant
are warrants needed to arrest someone?
YES.!
Court usually issues the police with a warrant stating that the person is being arrested for the offence they have outdone.
how can a police get an arrest warrant?
what did they tell magistrate/judge
-justify their suspicions
-basis on reasonable grounds
-provide evidence
how do warrants protect society
Warrants provide a judicial safeguard for ordinary citizens against misuse of police powers of arrest.
There is criticism that arrests can be applied too early in the investigative process, merely as a means of furthering an investigation.
what are the 2 things a police officer must do before arresting suspect
- police must state why theyre arrested and state ‘they are under arrest’
- if the police officer needs to use a weapon, they must give a warning
how long can police detain for
6 hours resulting in either charged or unconditional release
-if terrorism, 14 hours
-police can request for 12 hours
what are rest periods
the time periods that intervene with the 6 hour interrogation that are excluded from 6 hours
what is a caution?
when the suspect is detained, a caution must be given.
Informs the suspect of the
*Maximum period of detention
*That they do ‘do not have to say or do anything but anything they do will be used against them’
It must be given orally and in writing.
why is the interview recorded on two audio tapes
to ensure all polices and guidelines are adhered with by police
-one for police records
-one for defendant
at the end of the maximum detention period, what happens?
the suspect will either be
-charged
-let out on unconditional release
what is court attendance notice
legal document that states when and where a person must appear in court and the charge to which they must answer . this is given to the accused.
what is a subpoena?
(legal document issued by court requiring person to attend and provide evidence or specified documents)
A subpoena would require witnesses to appear in court on a specified date to give evidence.
*Failure to attend can result in charge or arrest
what is bail
Bail is the temporary release of an accused person awaiting trial
what are examples of bail arrangements
- a lodgement of a specified sum of money as a guarantee one will appear in court
-checking/signing in everyday at a specified police station (to show they aren’t going)
-surety - someone else agreeing to pay the bail on behalf of the accused to ensure the accused will turn up to court (if not, the money is forfeited)
-wrist and ankle monitoring
- rehabilitation programs
-to surrender one’s passport
what is bail based upon
how severely the person’s crime impacts society and how much of a threat they are to society
what is remand
A period spent in custody awaiting trial
If bail is refused and the accused must stay in custody until their trial
-They’re held in police custody or a remand centre.
-Remand is for those who committed violent crimes, are dangerous, repeat offenders, or may run away. The security level depends on these factors.
-The accused stays detained from arrest until trial, throughout the trial, and until sentencing.
-If they’re found guilty, the time in remand counts as time served in their sentence.
