policing, prosecutorial misconduct and non-disclosure Flashcards
who leads investigations?
SIO- senior investigating officer
when investigating serious crimes, what system must be followed?
MISRAP
major incident room standard admin procedure
what computer system must the police record and document all evidence on?
HOLMES
home office large major enquiry system
what is tunnel vision?
where investigators focus on a suspect, select and filter evidence that will build a case for conviction, while suppressing evidence that points away from guilt
what is case construction?
finding evidence that supports a predetermined hypothesis of guilt
what are some examples of police misconduct?
- breaches of code of practice
- illegally obtained evidence
- planting evidence
- fabrication of records
- acceptance of bribes
- police brutality
what are some potential causes of police corruption?
- pursuit of illegitimate goals
- pursuit of proved goals
- institutional pressures
what is the Dirty Harry problem?
a focus on the end result, which leads to police engaging in unethical and unlawful activities to achieve these ends
what rules are in place to prevent tunnel vision, case construction and police misconduct?
judges rules 1912- official guidelines governing police procedures and updated to 9 rules in 1918
judges rules 1964- generally focused on safeguarding against false confessions
when was the royal commission on criminal procedure set up and what were its aims?
- in 1978
- aimed to represent the balance between the person and interests of the community for justice
- founded upon principles of fairness, openness and accountability
when was PACE enacted?
- in 1984, came into force in 1986
- contains 8 codes of practice for police to follow in gathering evidence with the aim of safeguarding against wrongful convictions