Criminal Investigation Process
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Criminal Investigation Process

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Criminal Investigation Process Criminal Investigation Process Presentation Transcript

  • The Criminal Investigation Process Section 2 - CrimeMonday, 18 June 2012 1
  • Main Syllabus Points Hint: A small section of the syllabus but still important as multiple choice and 15 mark questions can be taken from hereMonday, 18 June 2012 2
  • Police Powers Police form part of the executive arm of government Investigate crimes, make arrests, interrogate suspects and gather evidence against the accused Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)Monday, 18 June 2012 3
  • Main police powers: detain and question suspects search property and seize evidence use reasonable force if necessary to carry out their duties use particular technologies to assist an investigation, such as phone taps, surveillance or DNA samples arrest and interrogate suspects recommend whether bail should be granted.Monday, 18 June 2012 4
  • NSW POLICE FORCE 150 YEARSMonday, 18 June 2012 5
  • Monday, 18 June 2012 6
  • WARRANT Legal document issued by magistrate authorising an officer to perform a particular act, for example make an arrest, conduct a search, seize property or use a phone tapMonday, 18 June 2012 7
  • SEARCH WARRANT - ARRESTMonday, 18 June 2012 8
  • Reporting Crime Citizens play an important role in reporting crime. e.g Crime Stoppers People may not report crime because: reluctant to appear as a witness fear of the consequences after reporting a crime the dispute may have been resolved with the offender and victim burden of time through the reporting processMonday, 18 June 2012 9
  • Hint: When balancing the rights of society, programs such as crime stoppers is very effectiveMonday, 18 June 2012 10
  • Investigating Crime Not all reported crimes are fully investigated and prosecuted because: resources are given to higher cases the time it takes to investigateMonday, 18 June 2012 11
  • GATHERING EVIDENCE Enough evidence has to be gathered to support a charge Evidence is documented in situ (in the place) and must be done correctly otherwise it may be inadmissible evidence All evidence must be contained in a lawful mannerMonday, 18 June 2012 12
  • DNA REGISTRATIONMonday, 18 June 2012 13
  • USE OF TECHNOLOGY DNA evidence is an important advance in technology helping some difficult convictions in both current and cold cases. There have been concerns about relying only on DNA testing to prove a convictionMonday, 18 June 2012 14
  • DNA IN CRIME INVESTIGATIONMonday, 18 June 2012 15
  • SEARCH AND SEIZURE Police have the power to search and detain things in certain circumstances, even without the use of a warrant Police can stop a person on reasonable grounds or suspicion of criminal behaviourMonday, 18 June 2012 16
  • USE OF WARRANTS This Judicial oversight helps contain police powers (separation of powers) and maintains the rule of lawMonday, 18 June 2012 17
  • Arrest and Charge Police cannot detain a person unless they have a good reason Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) gives police powers to arrest Arrest warrants require police to justify their suspicions based on reasonable evidence If police officers use unreasonable force, they may also be chargedMonday, 18 June 2012 18
  • Hint: Sniffer Dogs are a good example for balancing the rights of the accused and societyMonday, 18 June 2012 19
  • KIESHA MOTHER AND STEP DAD CHARGED TEN NEWS 2011Monday, 18 June 2012 20
  • DETENTION AND INTERROGATION Lawfully police can only detain a suspect for a period of four hours, this can be extended to 8 hours under Magistrate approval Interrogation begins with questioning and interviews, suspect will be given a caution before the interrogation beginsMonday, 18 June 2012 21
  • Suspect has the right to silence Any suspect under the age of 18 has the right to a responsible adult being present The interview is recorded on one videotape and two audio recordings If charged the accused will be brought in front of a Magistrate for a bail hearingMonday, 18 June 2012 22
  • KELLI LANE CASE ABC NEWS 2011Monday, 18 June 2012 23
  • Summons Legal document that states when and where a person must appear in court and, if they are the accused, the charge to which they must answer Witnesses will also receive a summons to appear in courtMonday, 18 June 2012 24
  • Bail The temporary release of an accused person awaiting trial, sometimes on particular conditions such as surety of a sum of money as a guarantee Bail may not be given to the accused if: the victim is in fear of reprisals the accused is a danger to society the accused may commit another crime the accused may flee the countryMonday, 18 June 2012 25
  • This case shows the discretion used by the Judge in a bail hearingMonday, 18 June 2012 26
  • BAIL AMENDMENT ACT 2007 Amended s.22A that prevents a defendant from making an additional application for bail unless there are unique circumstances Increase number of people on remand,harsh effect on juvenile offenders and Indigenous AustraliansMonday, 18 June 2012 27
  • Hint: Bail is a great topic when considering the balance of rights in the criminal justice systemMonday, 18 June 2012 28
  • Remand a period spent in custody awaiting trial at a later date If the accused is found guilty, the time the offender had spent in remand is usually taken off the total time of their sentenceMonday, 18 June 2012 29
  • Multiple Choice: Crime 1. A summons is best described as: a) a legal document which compels you to attend court to give evidence or answer charges b) a legal document permitting the search of your business c) a legal document between two parties issued after a divorce is finalised d) a legal document signed by you agreeing to adhere to bail conditionsMonday, 18 June 2012 30
  • ANSWER: a) a legal document which compels you to attend court to give evidence or answer chargesMonday, 18 June 2012 31
  • 2. Which of the following is not likely to be considered evidence? a) drugs b) a gun c) witness testimony d) none of the aboveMonday, 18 June 2012 32
  • ANSWER: d) none of the aboveMonday, 18 June 2012 33
  • 3 Which of the following must police usually have a search warrant for? a) you b) your home c) your car d) your bagMonday, 18 June 2012 34
  • ANSWER: b) Your HomeMonday, 18 June 2012 35
  • 4. Which of the following is a factor why someone might not be held on remand? a) they are a flight risk b) they committed a violent crime such as murder c) they committed a non-violent crime such as larceny d) they are a repeat offender who may go and commit another offence straight awayMonday, 18 June 2012 36
  • ANSWER: c) they committed a non-violent crime such as larcenyMonday, 18 June 2012 37
  • 5 How long may police hold a suspect without charge for if they do not have an extension from a judge/magistrate? a) four hours b) eight hours c) 12 hours d) indefinitelyMonday, 18 June 2012 38
  • ANSWER: a) Four HoursMonday, 18 June 2012 39
  • 6. The majority of police powers in NSW are contained under which statute? a) Police Powers Act (Amended) 1900 NSW b) Law Enforcement Act 2006 NSW c) Police Powers and Responsibilities Act 1985 NSW d) Law Enforcement (Powers and Responsibilities) Act 2002 NSWMonday, 18 June 2012 40
  • ANSWER: d) Law Enforcement (Powers and Responsibilities) Act 2002 NSWMonday, 18 June 2012 41
  • 7. Police in NSW have broad powers to stop and search people and seize items they are carrying. Which statement best describes the minimum requirement for a police member to use this power? a) They believe beyond a reasonable doubt that the person is carrying something stolen or used to commit an indictable offence b) They believe on reasonable grounds that the person is carrying something stolen or used to commit an indictable offence c) They believe on a balance of probabilities that the person is carrying something stolen or used to commit an indictable offence d) they have proved to a judge that the person is carrying something stolen or used to commit an indictable offenceMonday, 18 June 2012 42
  • ANSWER: b) They believe on reasonable grounds that the person is carrying something stolen or used to commit an indictable offenceMonday, 18 June 2012 43
  • 8) A police officer issues a caution instead of an on- the-spot fine to a person whose car is illegally parked. What is the police officer’s action an example of? (A) Discretion (B) Corruption (C) A breach of criminal law (D) A breach of the rule of lawMonday, 18 June 2012 44
  • ANSWER: A) DiscretionMonday, 18 June 2012 45
  • 9) Lou is suspected by the police of having stolen a car. Which of the following is a legal power that the police have when they approach Lou? (A) To arrest Lou (B) To fingerprint Lou (C) To require Lou to answer questions (D) To require Lou to go to the police stationMonday, 18 June 2012 46
  • ANSWER: A) To arrest LouMonday, 18 June 2012 47
  • Crime Question 15mks assess the effectiveness of the criminal investigation process as a means of achieving justice for the accused, victim and societyMonday, 18 June 2012 48