Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.
CRIME - HSC CORE
SECTION 2 - CRIMINAL
INVESTIGATION PROCESS
Mr Shipp, Term 2,
2014
MAIN SYLLABUS POINTS
Hint: A small section of the syllabus but still important as multiple
choice and 15 mark questions ca...
WHAT IS THE CRIMINAL JUSTICE
SYSTEM?
Criminal
Investigation
Process
Criminal Trial Process
(Adjudication)
Sentencing and
P...
POLICE POWERS
• Police form part of the
executive arm of government
• Investigate crimes, make
arrests, interrogate suspec...
Main police powers:
• detain and question suspects
• search property and seize evidence
• use reasonable force if necessar...
NSW POLICE FORCE 150 YEARS
• Legal document issued by magistrate authorising
an officer to perform a particular act, for example
make an arrest, condu...
SEARCH WARRANT - ARREST
• Crimes Amendment (Murder
of Police Officers) Act 2011
• Mandatory Life Sentence
when found guilty of
killing a police offi...
R V JACOBS CASE
REPORTING CRIME
• Citizens play an important role in reporting crime. e.g
Crime Stoppers, they assist the police
• People ...
Hint: When balancing the rights of society, programs such as
crime stoppers is very effective
INVESTIGATING CRIME
• Not all reported crimes are
fully investigated and
prosecuted because:
• resources are given to
high...
• Enough evidence has to be gathered to support a charge
• Evidence is documented in situ (in the place) and must be
done ...
• DNA evidence is an important advance in technology helping some
difficult convictions in both current and cold cases. For...
DNA IN CRIME INVESTIGATION
• Police have the power to search and detain things
in certain circumstances, even without the use of a
warrant
• Police c...
• This Judicial oversight helps contain police powers
(separation of powers) and maintains the rule of
law
Use of Warrants
ARREST AND CHARGE
• Police cannot detain a person unless they have a good reason
• Law Enforcement (Powers and Responsibil...
Hint: Sniffer Dogs are a good example for balancing the rights of
the accused and society
• Lawfully police can only detain a suspect for a
period of four hours, this can be extended to 8
hours under Magistrate a...
• Suspect has the right to silence (changes in 2013)
• Any suspect under the age of 18 has the right to a responsible adul...
• ANTI TERRORISM ACT
2005
• Detained in prison for
48hrs without charge
• Mohamed Haneef Case
2007
CASE SPACE
PREVENTATIVE...
SUMMONS
• Legal document that states when
and where a person must appear
in court and, if they are the
accused, the charge...
BAIL
• The temporary release of an accused person
awaiting trial, sometimes on particular conditions
such as surety of a s...
This case shows the discretion used by the Judge in a bail hearing
• Amended s.22A that prevents a defendant from
making an additional application for bail unless
there are unique circumsta...
Hint: Bail is a great topic when considering the balance of rights
and reform in the criminal justice system
• removal of offence-based presumptions
• release for fine only offences and most offences
under Summary Offences Act 1986 ...
REMAND
• A period spent in custody awaiting trial at a later
date
• If the accused is found guilty, the time the offender
...
MULTIPLE CHOICE: CRIME
1. A summons is best described as:
a) a legal document which compels you to attend court to
give ev...
answer:
a) a legal document
which compels you
to attend court to
give evidence or
answer charges
2. Which of the following is not likely to
be considered evidence?
a) drugs
b) a gun
c) witness testimony
d) none of the a...
answer:
d) none of the above
3 Which of the following must police
usually have a search warrant for?
a) you
b) your home
c) your car
d) your bag
answer:
b) Your Home
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 ...
answer:
c) they
committed a
non-violent
crime such as
larceny
5 How long may police hold a suspect
without charge for if they do not have an
extension from a judge/magistrate?
a) four ...
answer:
a) Four Hours
6. The majority of police powers in NSW are contained
under which statute?
a) Police Powers Act (Amended) 1900 NSW
b) Law ...
d) Law Enforcement (Powers and
Responsibilities) Act 2002 NSW
answer:
7. Police in NSW have broad powers to stop and search people
and seize items they are carrying. Which statement best descr...
b) They believe on reasonable
grounds that the person is carrying
something stolen or used to commit
an indictable offence...
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 ...
A) Discretion
answer:
9) Lou is suspected by the police of having stolen a
car.
Which of the following is a legal power that the
police have whe...
A) To arrest Lou
answer:
10. 25-year-old Jordan and 23-year-old Darcy stole cigarettes
from a shop. As
they were leaving the shop, Jordan and Darcy...
A) The right to remain silent
answer:
11.An accused is considered innocent until proven guilty.
Which of the following best reflects this principle?
(A) Bail
(B)...
A) Bail
answer:
CRIME QUESTION 15MKS
assess the effectiveness of the criminal
investigation process as a means of achieving
justice for th...
EFFECTIVENESS OF THE CRIMINAL
INVESTIGATION PROCESS
Effective Inneffective
Police need to use technology to
combat rising ...
Criminal Investigation Process
Criminal Investigation Process
Criminal Investigation Process
Upcoming SlideShare
Loading in …5
×

Criminal Investigation Process

6,023 views

Published on

Published in: Education
  • What if you had a printing press that could spit out hundred dollar bills on demand? Do you think that would change your life? ♥♥♥ http://t.cn/AisJWUCf
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • Sex in your area is here: ❶❶❶ http://bit.ly/39pMlLF ❶❶❶
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • Since using Brain Training for Dogs my dogs are more excited to learn. They actively want to take part and figure out what they need to do! It's not about "commanding" that they perform a behavior, it's about getting them thinking. I really love this approach to dog training and my dogs do too! ▲▲▲ https://bit.ly/38b79Wm
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • DOWNLOAD THIS BOOKS INTO AVAILABLE FORMAT (2019 Update) ......................................................................................................................... ......................................................................................................................... Download Full PDF EBOOK here { https://soo.gd/irt2 } ......................................................................................................................... Download Full EPUB Ebook here { https://soo.gd/irt2 } ......................................................................................................................... Download Full doc Ebook here { https://soo.gd/irt2 } ......................................................................................................................... Download PDF EBOOK here { https://soo.gd/irt2 } ......................................................................................................................... Download EPUB Ebook here { https://soo.gd/irt2 } ......................................................................................................................... Download doc Ebook here { https://soo.gd/irt2 } ......................................................................................................................... ......................................................................................................................... ................................................................................................................................... eBook is an electronic version of a traditional print book THIS can be read by using a personal computer or by using an eBook reader. (An eBook reader can be a software application for use on a computer such as Microsoft's free Reader application, or a book-sized computer THIS is used solely as a reading device such as Nuvomedia's Rocket eBook.) Users can purchase an eBook on diskette or CD, but the most popular method of getting an eBook is to purchase a downloadable file of the eBook (or other reading material) from a Web site (such as Barnes and Noble) to be read from the user's computer or reading device. Generally, an eBook can be downloaded in five minutes or less ......................................................................................................................... .............. Browse by Genre Available eBooks .............................................................................................................................. Art, Biography, Business, Chick Lit, Children's, Christian, Classics, Comics, Contemporary, Cookbooks, Manga, Memoir, Music, Mystery, Non Fiction, Paranormal, Philosophy, Poetry, Psychology, Religion, Romance, Science, Science Fiction, Self Help, Suspense, Spirituality, Sports, Thriller, Travel, Young Adult, Crime, Ebooks, Fantasy, Fiction, Graphic Novels, Historical Fiction, History, Horror, Humor And Comedy, ......................................................................................................................... ......................................................................................................................... .....BEST SELLER FOR EBOOK RECOMMEND............................................................. ......................................................................................................................... Blowout: Corrupted Democracy, Rogue State Russia, and the Richest, Most Destructive Industry on Earth,-- The Ride of a Lifetime: Lessons Learned from 15 Years as CEO of the Walt Disney Company,-- Call Sign Chaos: Learning to Lead,-- StrengthsFinder 2.0,-- Stillness Is the Key,-- She Said: Breaking the Sexual Harassment Story THIS Helped Ignite a Movement,-- Atomic Habits: An Easy & Proven Way to Build Good Habits & Break Bad Ones,-- Everything Is Figureoutable,-- What It Takes: Lessons in the Pursuit of Excellence,-- Rich Dad Poor Dad: What the Rich Teach Their Kids About Money THIS the Poor and Middle Class Do Not!,-- The Total Money Makeover: Classic Edition: A Proven Plan for Financial Fitness,-- Shut Up and Listen!: Hard Business Truths THIS Will Help You Succeed, ......................................................................................................................... .........................................................................................................................
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • DOWNLOAD THIS BOOKS INTO AVAILABLE FORMAT (2019 Update) ......................................................................................................................... ......................................................................................................................... Download Full PDF EBOOK here { https://soo.gd/irt2 } ......................................................................................................................... Download Full EPUB Ebook here { https://soo.gd/irt2 } ......................................................................................................................... Download Full doc Ebook here { https://soo.gd/irt2 } ......................................................................................................................... Download PDF EBOOK here { https://soo.gd/irt2 } ......................................................................................................................... Download EPUB Ebook here { https://soo.gd/irt2 } ......................................................................................................................... Download doc Ebook here { https://soo.gd/irt2 } ......................................................................................................................... ......................................................................................................................... ................................................................................................................................... eBook is an electronic version of a traditional print book THIS can be read by using a personal computer or by using an eBook reader. (An eBook reader can be a software application for use on a computer such as Microsoft's free Reader application, or a book-sized computer THIS is used solely as a reading device such as Nuvomedia's Rocket eBook.) Users can purchase an eBook on diskette or CD, but the most popular method of getting an eBook is to purchase a downloadable file of the eBook (or other reading material) from a Web site (such as Barnes and Noble) to be read from the user's computer or reading device. Generally, an eBook can be downloaded in five minutes or less ......................................................................................................................... .............. Browse by Genre Available eBooks .............................................................................................................................. Art, Biography, Business, Chick Lit, Children's, Christian, Classics, Comics, Contemporary, Cookbooks, Manga, Memoir, Music, Mystery, Non Fiction, Paranormal, Philosophy, Poetry, Psychology, Religion, Romance, Science, Science Fiction, Self Help, Suspense, Spirituality, Sports, Thriller, Travel, Young Adult, Crime, Ebooks, Fantasy, Fiction, Graphic Novels, Historical Fiction, History, Horror, Humor And Comedy, ......................................................................................................................... ......................................................................................................................... .....BEST SELLER FOR EBOOK RECOMMEND............................................................. ......................................................................................................................... Blowout: Corrupted Democracy, Rogue State Russia, and the Richest, Most Destructive Industry on Earth,-- The Ride of a Lifetime: Lessons Learned from 15 Years as CEO of the Walt Disney Company,-- Call Sign Chaos: Learning to Lead,-- StrengthsFinder 2.0,-- Stillness Is the Key,-- She Said: Breaking the Sexual Harassment Story THIS Helped Ignite a Movement,-- Atomic Habits: An Easy & Proven Way to Build Good Habits & Break Bad Ones,-- Everything Is Figureoutable,-- What It Takes: Lessons in the Pursuit of Excellence,-- Rich Dad Poor Dad: What the Rich Teach Their Kids About Money THIS the Poor and Middle Class Do Not!,-- The Total Money Makeover: Classic Edition: A Proven Plan for Financial Fitness,-- Shut Up and Listen!: Hard Business Truths THIS Will Help You Succeed, ......................................................................................................................... .........................................................................................................................
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here

Criminal Investigation Process

  1. 1. CRIME - HSC CORE SECTION 2 - CRIMINAL INVESTIGATION PROCESS Mr Shipp, Term 2, 2014
  2. 2. MAIN SYLLABUS POINTS Hint: A small section of the syllabus but still important as multiple choice and 15 mark questions can be taken from here
  3. 3. WHAT IS THE CRIMINAL JUSTICE SYSTEM? Criminal Investigation Process Criminal Trial Process (Adjudication) Sentencing and Punishment Balance of Rights (Tension) Discretion Law Reform Moral and Ethical Standards
  4. 4. 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) LEPAR
  5. 5. 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(warrant), surveillance or DNA samples • arrest and interrogate suspects • recommend whether bail should be granted. Hint: Police Powers are linked to all themes and challenges
  6. 6. NSW POLICE FORCE 150 YEARS
  7. 7. • 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 tap Warrant
  8. 8. SEARCH WARRANT - ARREST
  9. 9. • Crimes Amendment (Murder of Police Officers) Act 2011 • Mandatory Life Sentence when found guilty of killing a police officer • R v Jacobs CASE SPACE Murdering Police Officer Click me for more information Hint: Mandatory Sentencing takes away discretion in sentencing decision but this reform is seen to give greater protection for police
  10. 10. R V JACOBS CASE
  11. 11. REPORTING CRIME • Citizens play an important role in reporting crime. e.g Crime Stoppers, they assist the police • 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 process
  12. 12. Hint: When balancing the rights of society, programs such as crime stoppers is very effective
  13. 13. INVESTIGATING CRIME • Not all reported crimes are fully investigated and prosecuted because: • resources are given to higher cases • the time it takes to investigate Hint: Discretion is used by the community when reporting crime
  14. 14. • 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 obtained in a lawful manner. Illegal confessions (verbals) are not allowed Gathering Evidence
  15. 15. • DNA evidence is an important advance in technology helping some difficult convictions in both current and cold cases. For serious crimes only • There have been concerns about relying only on DNA testing to prove a conviction • The Crimes ( Forensic Procedures ) Act 2000 DNA evidence can be gathered sometimes with force. Use of Technology
  16. 16. DNA IN CRIME INVESTIGATION
  17. 17. • 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 behaviour Search and Seizure
  18. 18. • This Judicial oversight helps contain police powers (separation of powers) and maintains the rule of law Use of Warrants
  19. 19. 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 charged • Police are supposed to allow the accused to contact someone of their arrest. This is not a right but stipulated in the police code of conduct Hint: Arrest is perfect for a balance of rights theme
  20. 20. Hint: Sniffer Dogs are a good example for balancing the rights of the accused and society
  21. 21. • 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 begins Detention and Interrogation
  22. 22. • Suspect has the right to silence (changes in 2013) • Any suspect under the age of 18 has the right to a responsible adult being present. • An adult has no absolute right to have a lawyer but there should be some attempt to have legal representation present on request • 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 hearing
  23. 23. • ANTI TERRORISM ACT 2005 • Detained in prison for 48hrs without charge • Mohamed Haneef Case 2007 CASE SPACE PREVENTATIVE DETENTION Hint: This legislation has been criticised for violating ICCPR
  24. 24. 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 court Hint: Don’t forget that indictable offences require an indictment
  25. 25. 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 Under the Bail Act 1978 NSW, Bail may not be given to the accused if: 1. the victim is in fear of reprisals 2. the accused is a danger to society 3. the accused may commit another crime 4. the accused may flee the country
  26. 26. This case shows the discretion used by the Judge in a bail hearing
  27. 27. • 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 Australians Bail Amendment Act 2007 Hint: This reform was introduced to prevent ‘magistrate shopping’ which inflicted further anguish on victims
  28. 28. Hint: Bail is a great topic when considering the balance of rights and reform in the criminal justice system
  29. 29. • removal of offence-based presumptions • release for fine only offences and most offences under Summary Offences Act 1986 (NSW) • Increase in number of times juveniles can make bail applications Bail Amendment Act 2013 Click me for more information Hint: This recent reform is seen as a fairer and just usage of bail for the accused
  30. 30. 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 sentence
  31. 31. 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 conditions
  32. 32. answer: a) a legal document which compels you to attend court to give evidence or answer charges
  33. 33. 2. Which of the following is not likely to be considered evidence? a) drugs b) a gun c) witness testimony d) none of the above
  34. 34. answer: d) none of the above
  35. 35. 3 Which of the following must police usually have a search warrant for? a) you b) your home c) your car d) your bag
  36. 36. answer: b) Your Home
  37. 37. 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 away
  38. 38. answer: c) they committed a non-violent crime such as larceny
  39. 39. 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) indefinitely
  40. 40. answer: a) Four Hours
  41. 41. 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 NSW
  42. 42. d) Law Enforcement (Powers and Responsibilities) Act 2002 NSW answer:
  43. 43. 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 offence
  44. 44. b) They believe on reasonable grounds that the person is carrying something stolen or used to commit an indictable offence answer:
  45. 45. 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 law
  46. 46. A) Discretion answer:
  47. 47. 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 station
  48. 48. A) To arrest Lou answer:
  49. 49. 10. 25-year-old Jordan and 23-year-old Darcy stole cigarettes from a shop. As they were leaving the shop, Jordan and Darcy forced 18-year- old Ariel to hide the cigarettes under her shirt. They were then apprehended by police, taken to the local police station and charged. To what legal right are Jordan, Darcy and Ariel entitled while being questioned at the police station? (A) The right to remain silent (B) The right to apply for bail (C) The right to make a phone call (D) The right to be questioned together
  50. 50. A) The right to remain silent answer:
  51. 51. 11.An accused is considered innocent until proven guilty. Which of the following best reflects this principle? (A) Bail (B) Remand (C) Suspended sentence (D) No conviction recorded
  52. 52. A) Bail answer:
  53. 53. CRIME QUESTION 15MKS assess the effectiveness of the criminal investigation process as a means of achieving justice for the accused, victim and society Hint: Remember the important syllabus sections of Police Powers, Accused Rights and Bail in this section
  54. 54. EFFECTIVENESS OF THE CRIMINAL INVESTIGATION PROCESS Effective Inneffective Police need to use technology to combat rising areas of crime e.g. CCTV The use of technology may be an unnecessary violation of privacy Increase powers to police allows further protection for the community Discretion from the police could be used in a discriminatory manner Presumption of innocence is protected through this process as well as bail Suspects held in remand may be found innocent . Serious delays may be lengthy in the justice system Evidence obtained illegally may not be admissible in court (separation of powers) Changes to the right of silence may limit the presumption of innocence

×