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Assess the effectiveness of the criminal trial process
Assess the effectiveness of the criminal trial process
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How would you question a witness or an offender? In either case, it is important to differentiate an interrogation or a cross examination. The process of interrogation is asked by offering party of the witness, expert, police, victim, or the offender. In other words, the lawyer or district attorney interrogates in favor of the victim’s or offender's interest. The main purpose of the questions being asked is to proceed the process of the jury. Therefore, when a prosecutor interrogates the offender, it proceeds the jury in favor of the victim. On the other hand, if the defense attorney is interrogating the victim, the purpose is to advance the trial in favor of the offender. Additionally, the cross examination is affected by the opposing side.
The use of eyewitness statements and testimony’s can be a great source of information, but can also lead to wrongful convictions. Due to eyewitness testimony, innocent people are convicted of crimes they have not committed. This is why the wording of a question is important to consider when interviewing witnesses. Due to the fact that eyewitness testimony can be the most concrete evidence in an investigation, witnesses may feel they are helping an officer by giving them as much information as possible, therefore they may tell them information that is not entirely true, just to please them. This is why there are advantages and disadvantages to using open and close ended questioning at different durations of an interview. The way you word a question may impact the memory of a witness, this is because a person cannot completely memorize the exact occurrences of an event.
...themselves interrogating. Often, people who are in such situations are trained and prepared to withstand the pain. This results in the inability to acquire any or little factual and useful information.
If the suspect requests an attorney, questioning may not begin until the attorney had arrived and the suspect has had an opportunity to consult with him.
The first step of the interrogation begins with direct positive confrontation. This is where the interrogator confronts the suspects in a manner that creates an understanding that there is evidence against them. This evidence may or may not be true but the evidence is exaggerated so that it i...
The police officers also have inform the suspect has right to an attorney and his or her attorney can be present during the interrogation.
The first thing that should be thought about prior to any form of interrogation is the suspect’s rights; particularly his or her Miranda Rights. Also known as the Miranda warnings, “the purpose of [which] depends on whether you are the law enforcement officer or the suspect. From a suspect's point of view, it is to remind you that you have a Fifth Amendment right to remain silent and not incriminate yourself. From an officer's point of view, it is to help preserve the admissibility of your statements in a criminal proceeding” (Second Call Defense, 2014). There are four main principles to the Miranda statement that an officer will read; although the exact wording may change from police department to police department. Miranda warnings or rights basically state that: you have the right to remain silent, anything you say can be used against you, you have the right to an attorney, and you may be appointed an attorney if you cannot afford one. In addition, an individual may wave his rights outlined within the Miranda statements. Suspects can waive their rights to a lawyer and to remain silent by knowingly and voluntari...
Discuss the differences between the terms interview and interrogation. Interviewing is talking to people, who are not suspects in a crime but who knows something and knows who is involved in the crime. Also getting their information, and asking questions to them, and knowing when to translate or interpret. The main people involved when getting information at a crime scene is the witnesses, criminal and the accuser (Orthman, Hess, 2013). Interrogation questioning of the suspects, once the suspect is known of their identity and where they reside the person who is the participant of the crime could make a statement, confession, refusal, corroborated with self-supporting documentation that could yield a guilty allegation or it could gather a determining guilt (Orthman, Hess, 2013).
To show an unbiased and educated examination of the five cases involving questionable interrogations, I will give information on the crime that occurred, the problems with the interrogations and other evidence, who is at fault for problems within the case, how the defendant was cleared (if he was), and the compensation and future changes that were a direct response to these cases provided that they occurred or are in the process of occurring. The five cases that I will examine involve the accused: George Allen, Hunter Johnson, Peter Reilly, Michael Crowe, and Reggie Clemons. Each case is significantly different yet showcases many acts of injustice within the justice system.
This assignment will identify the strengths and weaknesses regarding the fundamentals of the interviewing, and whether the seven stages in the interview sequence were properly used by the detective in film Interviewing victims and witnesses. Many Successful victim and witness interviews use foundational knowledge to explore and evaluate the role of six key factors and seven stages have in successful interviews. I will carefully examine the effectiveness of the structure that was used by the detective, and identify the presence of proxemics, micro-skills involved in listening, the development of rapport, and possible barriers to communication.
...ntense hours of questioning, the one being questioned may just tell the police what they want to hear. This is a morally wrong way for the authorities to go about their interrogations; they just want to pin the blame on somebody as soon as possible to restore peace in the community.
I chose to be a witness, which made me feel more involved in the action of the case. This role came with a sense of responsibility because I had to be sure that I was presenting accurate information to the court so a reasonable judgement could be made. Within this case, the defendant McCauley Malkin had been charged with a felony grand theft auto and a felony receiving stolen property. He supposedly stole a 2013 red Corvette from Jets Car Sales, owned by Michael Zumboni. As a witness, I didn’t expect to have any massive involvement in the case rather than presenting my evidence when I would be called up for questioning. I expected to learn what it would be like to actually get questioned in the court in front of everyone and what it would be like to get asked questions you may not have an immediate answer
The world will always be full of crime, thus it is necessary for scientist to grow along with the gruesome and increasing amount of violations. Due to this it sparked scientist to develop crime theories in which emerged to explain why crime is caused by individuals. Some of the few theories that have advanced over the past century and provided many answers to why crimes are committed are biological theories, psychological theories and learning theories. These theories provide an insight to its first use and change in order to provide answers.
Interviewing helps investigators gather relevant information regarding specific crimes and is an important aspect of police work. It is a combination of art and science to perform a good interview and the goal is to gather the best information possible (Maze, 2017). I reviewed an interview from EBS Trust (1998) titled Investigative Interviewing. In this video, an investigator was taking a statement from the victim of a robbery. An elderly lady was being interviewed about how, when she went to the dry cleaners she noticed a man paying special attention to her car, when she confronted him he pushed her, took her purse, and ran away (EBS Trust, 1998). This paper evaluates how the investigator performed in this interview. There
In Intro to Criminal Justice class, I had the opportunity to learn about the Criminal Justice System more thoroughly. I learned that there are three components that make up the Criminal Justice System such as the courts, law enforcement, and corrections. Each component has its own role in making sure the the Criminal Justice System is functioning properly. If one of these components are not efficient the Criminal Justice system will not be as strong as it could be.
Social harmony has become a powerful and popular indicator to asset a population’s quality of life. So much so, people’s attitude toward crime rates has shifted from a lukewarm state to a profoundly sensitive level. Accordingly, the public’s increasing fears have translated into more and more restrictive policies to punish crimes. Therefore, crime prevention is considered as a strategic approach to lessen the probability of criminal behaviors in a political community, and to maintain social-control following the heated debates on civilians’ safety.