Introduction This paper will explain how the evidence obtained during the investigation was legally obtained and used in this case by law enforcement investigators. In this paper it will discuss the crime scene investigation, steps and strategies involved in this investigation, the interview of all involved with the case and counter defenses to suppress the evidence by the defense. Reflections
The criminal justice system is comprised of a myriad of steps for the purpose of bringing those responsible for committing crimes to justice. There are three primary categories which make up the criminal justice system. The first category is the “Police”, who are responsible for determining the type and magnitude of the potential crime and if it did indeed occur. They will begin by investigating to determine who is involved in the crime. Once the investigation reveals the identity of the perpetrator(s) then they will seek out those responsible for the purpose of arresting them for the crimes they are accused of committing.
INTRODUCTION Obtaining a detailed account of a crime is often a challenge for the police and most of the time it relies heavily on the collecting of physical evidence and also the questioning of eyewitnesses. All information is integral for the police in their direction of investigation, therefore it is important to understand the types of information and what it does to help with solving the case. The different types of information can be gathered from victims, witnesses, offenders and form of objects such as, forensic samples, audio and video recordings and documents (Stelfox, 2012: 86). Whilst physical evidence are usally being further analysed before elucidating more about a crime, eyewitnesses are often the next important source for enquiring more leads to further investigation. In absence to definitive proof, eyewitnesses’ accounts often act as vital evidence to the police and judges in their decision to prosecute a suspect.
The investigating officer can start searching for evidences in any manner he feels suit the crime scene. Importance Of Searching These are some of the basic methods used globally by the forensic experts and the investigating officers to search for evidences at crime scenes. The search for evidences is of extreme importance when it comes to solving a case because they provide as major support to the case. Physical evidence also plays an essential role in several judicial processes, such as:- • Helping to determine the elements of
The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty. In fact, this argument is supported by the many cases of malicious prosecutions and mistaken identities.
Police records are public records that provide information about a person’s criminal behavior. Every citizen has the right to access public police records and read information about someone’s criminal history, including details from the police report, jail bookings and mugshot information for criminals under arrest. The criminal history report is an invaluable tool that serves as proof of someone’s trustworthiness and is therefore used at employment, for rental contracts, licensing and certification, and similar situations where the person needs to submit a police record copy to support personal character. Although many actions undertaken by the police officers in the community are recorded at the police logs, not all information is public.
However, the prosecutor will file charges on the suspect and will make the attempt to convict the offender in court. Meanwhile, the defense attorney is there to defend the accuser and as well as the suspect to prevent any conviction. The prosecutor will have to work as hard as the defense attorney to prove the fact the accuser is guilty of a crime by providing evidence and a witness before the court in other to convince the grand jury that the accuser is guilty. A prosecutor interaction with the police is can cause a major controversy within the criminal justice system.
Non-registration of FIR is an offence and can be a ground for disciplinary action against the concerned police officer. A cognizable offence is one in which the police may arrest a person without warrant. They are authorized to start investigation into a cognizable case on their own and do not require any orders from the court to do so. A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the court’s
The pertinent evidence must be kept uncontaminated until it can be recorded and collected. A prosecution to be successful, the evidences must be in a condition that can be relied upon as an evidence. A crime scene must be protected by the police officers by sealing the entire location from public entry. This protection ends when the scene is released from the police custody.
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.
Besides giving an entire picture of the scene, it allows for proof that the evidence was collected properly. Furthermore, a sketch of the crime scene would need to be drawn to scale. During the collection process, every piece of evidence would have to be recorded and documented with the location where obtained from the scene. Example could include weapons, clothing, fingerprints, etc.
The case continues with the court system, which weighs the evidence to determine if the defendant is guilty beyond reasonable doubt. If so the corrections system comes into play with incarceration or probation. In addition, this brings me to Kalief Browder. Many might not know this name, but the ones that do know the horrific story that follows.
The job I am going to discuss that is within the criminal justice system is a criminal profiler. For those who are unclear about what a career in criminal profiling entails, an author by the name of Brent Turvey evaluates the job clearly as follows, “a discipline that will necessitate the careful evaluation of physical evidence, collected and properly analyzed by a team of specialists from different areas, for the purpose of systematically reconstructing the crime scene, developing a strategy to assist in the capture of the offender, and thereafter aiding in the trial” (Fintzy, 2000, n.p.). This type of career generally requires a background in forensics and psychology. A criminal profiler is responsible for figuring out a suspect’s motivation for committing crime and creating a suspect profile. Therefore, criminal profilers are motivated to find the suspect, and also figure out why crime was committed.