2.the criminal investigation process (questions)

Question 1

what are the three responsibilities of police

Answer 1

-prevention and detection
-ensure maintenance of public order
-criminal laws are observed

Question 2

what is their role in the criminal investigation process

Answer 2

-investigate crime
-make arrests
-interrogating suspects
-gather evidence

Question 3

who are cases often investigated by

Answer 3

federal or state police.

Question 4

what are main police powers?

Answer 4

-arresting and interrogating
-search property and seize evidence
-use reasonable force
-use particular technologies to assist in investigation
-recommendations on bail

Question 5

what are certain provisions of police and why are they put in place

Answer 5

• 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)

Question 6

what are the standards of professional conduct?

Answer 6

-specific code of behaviour
-sets out police values
-ensures they treat individuals with fair and ethical manner

Question 7

how is it ensured that police oblige by the standards of professional conduct

Answer 7

two further checks are the police integrity commission and ombudsman

Question 8

what are the two types of ppl who report crimes

Answer 8

-someone who has knowledge of crime

-a witness

Question 9

why are people hesitant to report crimes?

Answer 9

• 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

Question 10

what are widely reported crimes vs less common

Answer 10

• 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

Question 11

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?

Answer 11

*The severity of the offence
*The likelihood of success
*The available resources or priorities

Question 12

why is the investigation process long at times?

Answer 12

1. it must be established that crime has been committed
2. offender must be found
3. evidence must be gathered to prove case

Question 13

what does gathering evidence look like at the crime scene?

Answer 13

*witness statements at the scene of the crime
*crime scene detectives looking at any evidence left behind

Question 14

why does gathering evidence have to be taken in a quick manner?

Answer 14

this is because witnesses can forget what they saw or heard,

or evidence can be interfered or compromised with. (inadmissible)

Question 15

what are thecharacteristics in regard to evidence

Answer 15

• 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

Question 16

why is it important to place provisions on evidence

like certain rules while investigating someone

Answer 16

*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)

Question 17

what are the types of evidence?

Answer 17

• oral testimony
  -physical evidence
  -witness accounts
  -documents (plans)
  -fingerprints, DNA
  -tape recording, video survelliance

Question 18

why is it hard to apply technology in evidence/police

Answer 18

a new technology may not be completely reliable

*it risks being inadmissible in court as evidence

*it may result in a wrongful conviction

Question 19

what is the search and seizure

Answer 19

*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

Question 20

why is search and seizure the most controversial power of police

Answer 20

*they represent an intrusion into people’s privacy or personal space.

*can also be confronting or embarrassing, especially when conducted in a public place.

Question 21

in what circumstances are police allowed to stop and search someone?

Answer 21

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.

Question 22

what is a warrant

Answer 22

Legal document issued by a magistrate or judge and authorises a police officer to perform a particular act.

-needed to search premises/private properities

Question 23

when applying for a search warrant, what does a police give ?

Answer 23

the police must give substantials reasons or evidence to the magistrate or judge

*This is to justify the granting of the warrant

Question 24

are warrants needed to arrest someone?

Answer 24

YES.!

Court usually issues the police with a warrant stating that the person is being arrested for the offence they have outdone.

Question 25

how can a police get an arrest warrant?

what did they tell magistrate/judge

Answer 25

-justify their suspicions
-basis on reasonable grounds
-provide evidence

Question 26

how do warrants protect society

Answer 26

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.

Question 27

what are the 2 things a police officer must do before arresting suspect

Answer 27

1. police must state why theyre arrested and state ‘they are under arrest’
2. if the police officer needs to use a weapon, they must give a warning

Question 28

how long can police detain for

Answer 28

6 hours resulting in either charged or unconditional release

-if terrorism, 14 hours

-police can request for 12 hours

Question 29

what are rest periods

Answer 29

the time periods that intervene with the 6 hour interrogation that are excluded from 6 hours

Question 30

what is a caution?

Answer 30

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.

Question 31

why is the interview recorded on two audio tapes

Answer 31

to ensure all polices and guidelines are adhered with by police

-one for police records
-one for defendant

Question 32

at the end of the maximum detention period, what happens?

Answer 32

the suspect will either be
-charged
-let out on unconditional release

Question 33

what is court attendance notice

Answer 33

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.

Question 34

what is a subpoena?

Answer 34

(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

Question 35

what is bail

Answer 35

Bail is the temporary release of an accused person awaiting trial

Question 36

what are examples of bail arrangements

Answer 36

• 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

Question 37

what is bail based upon

Answer 37

how severely the person’s crime impacts society and how much of a threat they are to society

Question 38

what is remand

Answer 38

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.