The prosecutor or the police having separate law to deal with their conduct may misuse their power and is likely to exceed their authority, which they are not entitled to. Supremacy of law and equal treatment of the law for all segments of the society is not entertained. (C, 1996) After a close analysis of the inquisitorial and adversarial system of justice l came to the conclusion that the systems have provided an interesting comparative insights. Those attempts reveal important contemporary goals of criminal procedure.
Dna that has been planted onto a crime scene will incriminate innocent people and this will result in the falsely accusing/charging of innocent people for a sentence and charge they did not do and should not have to serve time for. This is a serious topic, people lives can be ruined if they’re at a place at the wrong time. Dna is taken more seriously over word too, like if a witness says something that contradicts dna “evidence”, dna evidence would automatically win over a witness’s word. While Dna may
Explains how citizens and surviving victims are the main things that help police capture serial killers in the modern day. The finding of this article shows that there are two sides to perception regarding criminal profiling and forensic science – the public’s and the law enforcement’s. Also typical criminal TV shows such as Criminal Minds, Law & Order, and Profiler often are inaccurate in describing criminal profiling. I will use this article for my essay to help explain the accurate description of criminal profiling and how police capture serial
Since due process is how we define the order and the correct way of doing things, this is how it applies: In the Terry versus Ohio case, Terry believe that officers should have probable cause before the officer was able to stop and frisk individuals. Under the Fourth Amendment, officers have the right to stop and frisk without probable cause, meaning the process McFadden used was correct. On the other hand, in Miranda versus Arizona, Miranda had not been informed of his right to remain silent before giving his confession of committing the crimes he had been accused of. In turn his confession was not valid. If the officers had used the correct process and made Miranda aware of his right to remain silent, his confession could have been used in trial.
The exclusionary rule is a lawful principle that the United States use, which expresses that the confirmation that was powerfully utilized by the police can 't be utilized in a criminal trial. The motivation behind why this is done it’s for the security of the established rights. In addition, the exclusionary rule states that in the Fifth Amendment no one "should be denied of life, freedom, or property without due procedure of law." The exclusionary rule additionally expresses that in the Fourth Amendment it is intended to shield residents from unlawful pursuits and seizures. It also applies to the infringement of the Sixth Amendment, which ensures the privilege to counsel.
But, this does not imply that profiles should be ignored or should never be used by police again, but that profiling should be approached with caution. Criminal profiling should not be blindly accepted or should not be relied on because it may be something that may not have any relationship to the real
This may result in wrongful convictions or acquittals and as a result, would severely undermine the efficacy of any justice system. People may start to lose trust in the justice system in meting out fair and impartial judgements, resulting in a total disregard of the justice system. In the contexts of crimes carrying the death penalty, jury tampering can have serious ramifications. The irreversible damage done to the accused’s family due to the wrongful convictions cannot be fixed with any sum of money. With Singapore’s strict anti-corruption stance, cases of corrupt judges would hence be rare.
Juries can make sure that the questioning process is conducted properly and with little bias. The witness should not be informed of the suspects so they can tell their testimony from a neutral perspective. The one who provides the lineup should also not know the suspect so they cannot provide any cues, like facial expressions, that reveal their thoughts, similar to a double blind procedure. When given a list of faces to recognize the perpetrator from, they should be reminded that the real criminal may or may not be there. The lineup should be organized in a way so that no specific person stands out in comparison.
If someone say something that may help the authorities find the crook who actually committed the crime. Then they won't use it against that person in court. They will use the evidence the person gave them to help them solve the crime that was committed. If the person “helping” the police actually committed the crime and lied about not doing it that person would get worse charges. That is why I think the Miranda Rights are more than just words.
However, the public will deem the search excessive use of force on the accused performed by the RCMP officer. This search would increase public outrage regarding excessive use of police powers as they believe the search could have performed in a less intrusive mean. Furthermore, the “throat hold” should not be performed on anyone especially females as it can result in health complications (Atherley & Hickman, 2014). However, it is necessary to note that the “throat hold” is a common practice used by the RCMP drug squad to prevent drug traffickers from destroying evidence. This practice is not illegal as it is used to prevent the swallowing of drugs that may be in the accused mouth that will aid in substantiating the charge.
From Crime Control to Crime Management: DNA and Shifting Notions of Justice." The Genetic Imaginary"The test was inconclusive for the man with whom the woman acknowledged having intercourse. In vacating May 's conviction and getting a new trial, Judge Roger Crittenden concluded the results of the tests that are of such decision, value, or force that it would probably change the result if a new trial should be made.May was released from the Kentucky State Penitentiary at Eddyville.One of the main reasons DNA analysis can be helpful to forensic scientists is that in some of the tissues, mitochondrial DNA is in excess and compared to DNA. DNA evidence is generally linked to offender profiles through the DNA databases. In the late 1980s, the federal government laid the groundwork for a system of the national state, stored local DNA databases for the storage, and exchange of DNA profiles.
After reading about the forfeited right theory, I agree that the theory is not only ethical, but it is quite intriguing. “The rights forfeiture theory of punishment contends that punishment is justified when and because the criminal has forfeited their right not to be subjected to this hard treatment” (Wellman, 2012, p. 371). When a person is taken into custody, their rights have been taken away from them. All of their rights except the Miranda Rights in which the individual is entitled to. So that means if a person commits a crime then they have already violated thier own rights therefore, they should not be complaining about their rights being violated.
There have even been some states which the lower courts have ruled that using fake evidence to obtain confession is a violation of the suspect’s rights (Florida v. Cayward) (Pollock, 2014, p. 156). The other unethical response to telling the suspect that the death penalty will be taken off the table. This is an area that the homicide detective has no control over. Only the prosecutor can give this type of deal with the suspect and his attorney. The benefits in taking the unethical response is getting the confession, however, is this confession an actual true confession or just a confession from fear.