BAIL BY POLICE The criminal procedure systems of the world use three main methods of regulating events before trial. At one extreme, the pre-trial stage is left entirely in the hands of the police, as in our system. At the other extreme, as in the French, Belgian and German systems, the pre-trial stage is subject to the control and guidance of a magistrate. A third solution is that adopted in Scotland, where a public prosecutor has charge of the police investigation and of the actual prosecution, the judicial officer merely rubber-stamping the decision to send the accused for trial . 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.
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.
An interrogation is the process by which suspects are questioned in regards to their involvement in the activity that gave rise to the investigation. The interrogation will involve the interviewer accusing the suspect. The Interrogation may be scheduled to be carried out at the end of the investigation, after all of the evidence has been considered and reviewed. There are also times when, depending on the suspect’s behavior, an interview will change into full-on interrogation. Once the tone of the conversation has moved to accusatory one, it is virtually and practically impossible to stop and go back to the previous mild-mannered interviewing.
These elements are crucial for the functioning of the law for these are the yardsticks by which criminality may be measured. First, the mens rea or mental element required for genocide is dolus specialis, i.e. special intention to ‘destroy, in whole or in part, a national, ethnical, racial or religious group’. For the prosecution of a person for genocide it must thence be established that s/he had the special intention to take part in the crime of genocide. Regardless, the volitional element of the dolus specialis appears less prominent in the Tribunals’ case law than the cognitive component of genocidal intent.
If a person is accused and undergoing a trial, substantive law prescribes the punishment that the under-trial will face if convicted. Substantive law also defines the types of crimes and the severity depending upon factors such as whether the person is a repeat offender, whether it is a hate crime, whether it was self-defence etc. It also defines the responsibilities and rights of the accused. To add more context, substantive law explains the rights and duties of the people, but procedural law provides the rules with the help of which they are enforced. Like mentioned statutory law is made by members of parliament, which means elected officials are making laws on behalf of the citizens that elected them in are more likely than judges to know what laws the public wants and needs.
The term “reasonable person”, which was also known as the “reasonable man” in the past, is a prevalent and important term in criminal law legislatures in countries that have adopted the common law system. This is due to the fact that the law of murder and defences of duress, provocation, and self-defence rely on this standard. In common law countries, the use of the reasonable person standard is grounded upon the faith in a human being’s reason as the foundation of the law. However, it is believed that the usage of a hypothetical person may not be convenient in criminal law as it lacks accuracy and fair means to evaluate complex behaviour like the human behaviour. In this essay, I will identify the disadvantages of the reasonable person standard
Humans no longer cut off a limb for stealing or burn people at the stake for witchcraft. Now punishment has turned more into serving time for what you have done. There are other checks like probation, parole, and fines that criminals are expected to carry out and follow through the years. In America, we have this notion that people cannot change and once they become a criminal they will always be one. Because of this, states want to be able to take away more rights of the convicted felon population.
This is the final process in the investigation process. The investigator completes the report and present it to the prosecutor. Apart from that, the report is viewed subsequently by the prosecutor in order to check whether there is enough evidence to justify a suspect being charged with criminal offences. While viewing the report, the specific crimes are determined by the prosecutor in order to attach it on the suspect. The report must include all of the action taken and evidence collected at the crime scene.
When you do any of the above, you will be considered to be in contempt of court and you will be subject to a bench warrant. You might also be subject to probation violations, county jail or state prison sentences, enhanced fines and/or a suspension on your drivers’ license. Judges also issue bench warrants for people who have been indicted by a grand jury. In such cases, the judge will issue a bench warrant for you to get