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Elle Woods Redemption Arc > Criminal Investigation Process > Flashcards

Criminal Investigation Process Flashcards

1
Q

What part of the government are police?

A

Executive

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2
Q

What are the police’s main responsibilities?

A
  • Investigating crimes
  • Making necessary arrests
  • Interrogating suspects
  • Gathering evidence against the accused
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2
Q

What are the main police powers?

A
  • Arrest and interrogation
  • Search property adn seizing evidence
  • Reasonable force to carry out duties
  • Technologies to carry out investigations → phone taps if necessary
  • Reccommending whether bail should be granted
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3
Q

What is a warrant?

A

Legal document issued by a magistrate or judge authorising an officer to preform a specific act

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4
Q

What is the police behaviour code called?

A

Standards of Proffessional Conduct
Police Integrity Commission
NSW Ombudsman

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5
Q

What are all the types of complete defences?

A
  • Mental Illness
  • Involuntary Actions
  • Duress
  • Self-defence
  • Mistake
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6
Q

What are Serious Crime Prevention Orders?

A
  • The Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) Police to apply for court orders thatr estrict the activity of a suspect based on alleged criminal involvement
  • Determined on the balance of probabilities and can be used even if the accused hasn’t committed many/lots of dangerous crimes
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7
Q

What is Investigative Detention?

A
  • Police can detain a terror suspect as young as 14 years old for investigation to prevent terrorist attacks
  • Permits questioning in dangerous conditions for 16 or more hours
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8
Q

What are the main increased police powers?

A
  • Serious Crime Prevention Orders
  • Investogation Detention
  • Warrant-less home entry in exigent circumstances
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9
Q

Why are people hesitant to report crimes?

A
  • Reluctant to be involved and appear as a witness
  • Fear of consequences after reporting crime
  • Dispute has already been settled with the offender
  • Time and cost of solving cases
  • Inability to report crime
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10
Q

What are the problems with using technology when gathering evidence?

A
  • Hard for the law to keep up with new technology
  • ReliAbility of DNA testing
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11
Q

What are police powers regarding search and seizure?

A
  • Can stop and search any person where they believe on reasonable grounds that the person is carrying anything illegal or dangerous
  • Can’t use sniffer dogs for general searches in public places
  • Can’t inspect genital and breast area during search and seizure unless deemed necessary

Darby v Director of Public Prosecutions [2004]

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12
Q

Case for Search and Seizure

A

Darby v Director of Public Prosecutions [2004]
- Sniffing dog sniffed Darby’s genital area and waited for police
- Although Darby had drugs, the Magistrate ruled that it was an unlawful search with no reasonable suspicion and the dog didn’t have the capability to make that decision

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13
Q

Stats for Search and Seizure

A
  • 56% of drug sniffing dogs made false positives
  • Questioned for their reliability as evidence
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14
Q

What are warrants?

A

A legal document issued by a magistrate or judge authorising police to commit a certain act

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15
Q

What must the police identify when having a warrant?

A

The police must identify to the owner the reason for the search and give a copy of the warrant to the occupier

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16
Q

What are police powers regarding the use of warrants?

Enter Search Force People Arresting & Detaining

A

The police can:
- Enter the premises
- Search the things mentioned in the warrant
- Use reasonable force to enter the premises
- Search any person in the premises who is reasonably suspected of having the item(s) in the warrant
- Arrest a person who is suspected on reasonable grounds to commit the offence
- To seize and detain any items in the warrant and anything reasonably believed to be connected to the offence

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17
Q

Case study for Search and Seizure

A

Darby v Director of Public Prosecutions [2004]
- Darby had drugs was sniffed by a dog who alerted police
- Magistrate ruled it was unlawful as there was no reasonable suspicion and the dog didn’t have the capability to make that decision

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18
Q

Statistics for Search and Seizure

A
  • 56% of drug sniffing dogs made false positive
  • Questions their reliability as evidence
19
Q

What is a warrant?

A

A legal document signed by a magistrate or a judge authorising police to perform a certain act

20
Q

What must the police do with a warrant?

A
  • Give the offender a copy of the warrant and identify to the owner the reason for the search
21
Q

What are police powers regarding warrants?

Enter Search Force People Arrest and Detain

A

The Police Can:
- Enter the premises
- Search for the items named in the warrant
- Use reasonable force to enter the premises if necessary
- Search people in the premises who are reasonably suspected of having an item listed in the warrant
- Arrest people found in the premises who are reasonably suspected of committing an offence
- Seize and detain anything in the warrant or not in the warrant that is reasonably believed to be connected to an offence

The Police Cannot:
- Enter a premises without a warrant or valid consent from the owner

22
Q

What are Police Powers regarding arrest and charge?

Serious Grounds Possess

A

The police can:
- Arrest a person for believing on reasonable grounds that a suspect has or is about to commit an offence
- Arrest a person for committing a serious indictable offence for which they have not been tried
- Arrest a person if they possess a warrant for their arrest

The police cannot:
- Arrest a person without cause

23
Q

Arrest and Charge Issue + Legislation

A
  • Terrorism Act allows police to detain a person in custody for 14 days if they reasonably believe that the suspect will otherwise engage in a terrorist act
  • Threshold for determining ‘reasonable’ is very low and the Act allows for severe infringement on the rights and privacy of many innocent individuals

Legislation:
Terrorism (Police Powers) Act 2002 NSW

24
Q

What must the police do after detaining a person?

A

They must inform the person of their rights, maximum period of detention and that they don’t have to say or do anything but anything they say or do can be used against them in court

25
Q

Police Powers regarding detention and interrogation

A

The Police can:
- Apply to a magistrate a warrant to extende the investigation period for six more hours

The Police cannot:
- Detain a suspect for more than six hours without charging or releasing
- Question anyone under 14 without the presence of a guardian

26
Q

Police Powers regarding Strip Searches (Detention & Interrogation)

Dangerous Escape Related to Evidence Usage

A

During arrest the police can search a person if they’re carrying anything:
- That would present dangerous to a person
- That could be used to escape from lawful custody
- That is something related to a committed offence
- That will provide evidence of a offence being committed
- That was used or intended to be used to commit an offence

The Police cannot:
- Perform a strip search in front of an unecessary number of people
- Be a different gender of the investigated person
- Conduct a strip search on children under 10
- Conduct a strip search on children aged 10-18 without the presence of a guardian
- Conduct a strip search because of K9 indication

27
Q

Issue and Legislation for Strip Searches

A

**Section 31 of LEPRA: Strip Searches
**
No searches under 10: Section 33-34 of LEPRA
Issues:
- Super invasive and often targets vulnerable people
- Threshold is reasonable suspicion defined as ‘less than a reasonable belief but more than a possibility’ which is super vague

28
Q

Case Study for Strip Searches

A

Splendour in the Grass & Lost City Music Festivals
- 19 illegal strip searches with only one anti-depressant pill found
- Children’s only music festival with multiple teenagers strip searches

Abuse of power

29
Q

Statistics for Strip Searches

A
  • 13% overall increase in strip searches from 2021- 2023
  • 30% in girls aged 12-17 being strip searched
  • 14% of strip searches were Indigenous
30
Q

Police Powers regarding use of technology

A
  • Tasers can only be carried by licensed police officers
  • The officer first must verbally warn a subject before using the taser

A taser cannot be used:
- On a volunteering/consenting person
- When there is significant risk of secondary injury like damage from a fall
- To coerce someone to move
- As a form of crowd control
- For investigative purposes
- Against a passively non-compliant person
- To target existing injuries of a person

31
Q

Legislation regarding tasers

A

Use of Conducted Electrical Weapons Procedures

32
Q

What are police powers regarding wanding laws and body cams? (use of technology)?

A
  • New police powers allow police to wand anyone without a warrant or reasonable suspicion in designated areas
  • In an attempt to tackle the increasing rates of knife crime

Body Cams:
- Police don’t need to wear their body camera for their entire shift, increasing the chances of unnotices/uncorrected abuse of police power

33
Q

Police Powers regarding gathering evidence

A

The police can:
- Gather intimate and non-intimate types of evidence
Non-intimate types of evidence include: examining, photographing, swab of non genital areas, hand/foot/toe print, blood or saliva sample
Intimate types of evidence:
Genital anything, dental anything

The Police cannot:
- Gather intimate evidence without being ordered to do so by a magistrate or judge after hearing the facts of the case

34
Q

Gathering evidence legislation

A

Evidence Act 1995 (NSW)

35
Q

What is bail?

A

The temporary release of an accused person awaiting trial, often with particular conditions

36
Q

What is bail decided on?

A
  • Whether the person is a flight risk
  • The strength of the prosecution’s case
  • Seriousness of the offence
  • Likelihood that if a prisoner is found guilty they’ll serve a full sentence
37
Q

What happens if a person is denied bail?

A

The accused can elevate the matter to the Supreme Court and make a second bail application. If the second application fails they will be denied bail and put on remand

38
Q

Man Monis Case 2014

A
  • Long history of violence against women
  • Charged with murder and accessory to murder and was granted bail
  • Second charged with 40+ counts of aggravated sexual assault and was released on bail once again
  • Lawyers misunderstood the nature of the crime and didn’t realise he was committing crimes while released on bail
  • Major coverup as to why he got bail
  • Deemed to be an unacceptable risk twice
39
Q

Molly Ticehurst Case 2024

A
  • Charged with murder, ADVO breach, rape and stalking/intimidating when he was released on bail
  • Court administrative officer granted bail instead of a magistrate as magistrates don’t work on Sunday in Dubbo
  • How much protection do victims have when the offender is on bail (especially domestic violence victims)
  • Bail laws are often inconsistent and allow dangerous criminals to be let out into society
  • Bail Act Monitoring Groups looked at the bail laws and did not recommend any changes in regards to sexual violence offences
40
Q

Pre 1978 Bail System

A
  • Magistrates had the most autonomy in deciding who could be granted bail
  • Resulted in inconsistencies in magistrate decisions
  • Those at disadvantage - those without legal representation, ATSI, women, SED and repeat offenders had greater differences in bail outcomes
41
Q

Bail Act 1978

A
  • Emphasised the presumption of innocence and general bias in favour of bail
  • More people were likely to get bail than not
42
Q

Bail Act 2013

A
  • Whether the accused posed an unnacceptable risk
  • Magistrates now views of the victims and risk factors like whether the accused has criminal associations and a history of non-compliance with court orders
43
Q

Bail 2014 Amendment

A
  • Show cause
  • Defendants had to show why detention was unjustified and were denied bail unless exceptional circumstances existed
  • Created balance between ensuring a fair bail system and protecting the community
44
Q

Bail 2022 Amendment

A
  • Offender who has been convicted of a crime of full time prison will not be released on bail while awaiting for sentencing
  • Seen as a threat to the rule of law by undermining the presumption of innocence until proven guilty → implies that the accused has the burden of proof
45
Q

Bail 2024 Amendment

A
  • Harder for children over 14 and under 18 to receive bail
  • Problematic as children are spending a concerning amount of time in jail when 40% are often wrongfully placed in prison (1.4% not guilty and 39% have a non-custodial penalty) → detrimental for their adult futures
    Provides new offence related to performance crimes

Elle Woods Redemption Arc (3 decks)

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