This is because it is applied as police carry out their daily routine activities such as preventing crimes, searching, arresting and charging suspects. Given the ambiguous nature of the existing criminal laws concerning the scope and dealings of conflict and disorder situations, alongside the limited resources allocated to the police departments, and variations in nature of offences; police discretion becomes a principle part for officers to give weight to law enforcement (Griffiths, 2013: 122). First of all, individual officers in streets and fast areas has to decide whether an incident they are coming across fits into the definition of an offence as stipulated by the law and to what extend are they to be subjected to judgement. For instance, in a case of an assault, the law does not give further definitions on whether it is simple or aggravated assault. So it is the mandate of the officer to what kind it fits
After doing my research with these three articles I 've come to a conclusion that stops question and frisk is very effective. As much as it does not reduce crime it provides a sense of safety to the officer when he stops the pursuant. A police officer should have a reasonable suspicion to stop and frisk his pursuant. According to the article, The right to investigate and New York "Stop and Frisk" law " Mere suspicion is not enough but the knowledge and experience gained by trained officers should be considered by the court in determining if there was a reasonable caused"(235). According to Stop and Frisk (A Case Study in Judicial Control of the Police) by Herman Schwartz, " the power to search, the New York "stop and frisk" statutes provides temporary questioning of a person in public places search for a weapon"(434).
When a crime is committed and an individual is caught in the act, there is a set process that one follows to adhere to the rules of the criminal justice system. This method can be simplified by looking at the common flow of events: (1) an individual is arrested, (2) individual is brought to court, (3) individual receives a punishment. Though it may appear that the way in which the criminal justice system functions is sufficient, many voice the concern that there are certain key players affected by crimes that are consistently disregarded. These players are otherwise known as the victims and the community. As a result, many have hypothesized a new approach to justice that incorporate all aspects of crime.
A terry stop is when an officer detains a person because they believe they could be involved in a crime. There does not have to be proven evidence for the arrest. If the person is under suspicion of being armed and dangerous, their outer garments may be searched. 17. What is meant by “totality of the circumstances.” What is it used for?
The principal problems arising in that part of the criminal process which governs events before trial relate to the nature of police powers and procedure in the investigation of offences. The Code of Criminal Procedure 1973 confers wide powers upon our police of making arrests. In addition to the power of arrest, the code bestows upon the police powers parallel to the magistrate to release and arrest person on bail. I. When Police may arrest
A MOU maybe signed or may not. After the meeting, the case is reported to the police. The possible outcome of this scenario would be similar to scenario 2. Scenario 4 Disregarding the mediation result and ignoring the party statement. The possible outcome of this scenario maybe that, if the mediator is so meticulous and calculated, no potential consequence could be caused In other case, if the party get caught by the police and finally found guilty and imprisoned, the respective party might reveal to the court about why the mediation process.
One or more custody officers can be appointed for each designated police station. They can be appointed by the chief officer of police for that area in which the designated police station is situated. It is the custody officer job to determine whether there is sufficient evidence so that he can charge the arrested person with an offence. The custody officer may not be willing to release the arrested person if he believes that there are reasonable grounds to believe that the detention of the arrested person is absolutely necessary. The custody officer also has the power to arrange for the detainee to be searched and certain items can be seized.
A comparison between the Due process model and crime control model Within the criminal justice system, there are two competing models: the crime control model and the due process model. These two models were constructed by Robert Packer and each represents a particular school of thought. In managing crime, there is the individual i.e. the suspect and there is the society. The due process model is seen to focus on the suspect whereas the crime control model focuses on the society.
You have several parts of the criminal justice system like law enforcement, prosecution, defense attorneys, you have the court system there are restrictions on a case being prosecuted including the right to confront ones accusers. Nevertheless, the courts are run by judges, all of these are to ensure a fair trial for the accused. Finally the corrections, when there is a conviction and the charges given for jail time the defended will be sent to the corrections system for punishment. As it concerns the victim civil court proceedings as victims speak out more against wrong doers, the offender will know there are consequences. It allows the victim to feel empowered verse being afraid or feelings of hopelessness.
Reports are obtained from the people and property class. Notifier: Reports various types of criminal activity to the police via designated division. I.e. homicide, property, SVU, etc. Methods of the report class consist of: getinfo: this gets information submitted to the people and property class.