The Big Stage!
April Wright
JOSEPH PIONKE
CRJ320 Criminal Investigation
May 25, 2016
The prosecutor and criminal investigator square measure 2 cogs that have to work along to achieve success in making an attempt a criminal case. The prosecutor should swear upon the investigator to tell them of all aspects of the case that they designed, and the investigator must accept the functionary to achieve justice for the victim, their family, and the community. Any criminal trial is an adversarial match between the functionary and the defense and facets either side can use all the data on the market to them to induce a win for his or her side.
The final report plays a really important role for the official once it involves the prosecution of the
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case. The final report is all the data that an investigator has gained on the incident that's being tried. This will have info on the event that occurred, evidence that was collected, analysis of the evidence, information on witnesses, witness statements, information on the person that is being tried. Everything that had been collected by the investigator will be bestowed during this report. In some cases, this is the data that the prosecutor can use to see if they need to travel any with an attempt, offer a plea discount or drop the case supported what had been found antecedently. A poorly completed final report could be terribly harmful to the prosecution’s case. Both the investigator and the prosecution have a stake during this info. According to Becker and Dutelle (2013): Whereas police need the solely probable cause to arrest a suspect, prosecutors must prove a case on the far side a cheap doubt – 2 totally different standards. When this reality is noted, it makes sense that conflict will generally arise between police, who could believe they have an honest case … and prosecutors, who could not see ample proof to win a conviction. (p. 20) A poorly produced final report could minimize the probable cause that the investigator had for selecting this specific suspect or could maximize it. A prosecutor could assume that they need deficient proof or ample proof to convict the defendant in the court of law. During the trial, it may become apparent that the ultimate report was incorrect, and the prosecutor could realize that they thought that they had enough proof to induce a conviction, but did not. Also, they could attempt to get a bargaining even after they had much proof to convict an individual, but thought that there was not enough. Each stage of the criminal justice method as shown in Figure twenty-one.1 plays a role in however the investigators and therefore the prosecution ar ready to build a with success litigated action.
The first stage is that the inquiring stage, and this is the initial stage where proof is being collected and knowledge provided to investigators is being looked into. The next stage is that the charging stage. This stage works towards building a successfully litigated action in the public prosecuting officer is deciding if investigators have enough proof to convict either by victimization the jury system or by the prosecutor. The next stage is that the discovery and motion stage. This stage works towards building a successfully litigated action by each sides sharing proof and therefore the defense filing motions. According to Hess and Orthmann (2012), “The pretrial discovery process needs the prosecution and defense to disclose to one another bound proof they will use at trial, thus avoiding surprises” (p. 657). This information would be useful to the attorney in that they'll refute the proof conferred by the defense. Also, the motions may suppress proof, and the prosecutor could rethink their strategy on the case if key proof is also impermissible. The last stage is the trial stage. This may end in the attorney going forward with a jury trial, the person admitting guilt, the person accepting a plea cut price or a bench trial. The previous steps will facilitate the attorney …show more content…
confirm if they have enough proof for a victorious trial wherever the defendant is condemned or receives some penalisation for his or her criminal actions. The criminal investigator’s role in preparing a case for a court is terribly vital. They were the individuals that were concerned with the initial investigation. The cataloging of evidence and witness testimony is an important a part of however they're going to assist the prosecuting officer in having a prospering trial. Any evidence that the defense could bring up would even have to be investigated by the investigator. They will either ought to notice proof that refutes the defense’s proof or determines if the defense’s stand on the proof is faulty, for instance by chatting with the prosecutor to herald associate degree knowledgeable. There should be no surprises for the prosecution once it comes time for the trial stage. The investigator will join forces with the prosecuting officer to enhance the court presentation. This can be accomplished by the investigator going over the proof with the prosecuting officer. They can reassess however the proof is best bestowed that the jurors or decide are able to are aware of it and therefore the implications that it's for the case. Also, the investigator and therefore the prosecutor will reassess the right sequence for introducing witnesses and the proof that has been gathered to realize the most important impact on the jury or the decide. Being found not guilty means the judge during a bench trial or the jurors within the jury trial believe that there wasn't sufficient proof to prove on the far side an inexpensive doubt that the person being tried is guilty. Being acquitted is a very little completely different. According to Carmen (2013), “Motions for the final decision or for a directed finding of acquittal area unit supported the legal tenant that during a criminal case all components of the offense … should be tested by the prosecution on the far side an inexpensive doubt” (p. 55). A person may well be acquitted if there wasn't sufficient proof created to continue the trial, and a final decision means that it can't be appealed by the prosecution due to the criminal prosecution clause. At first look, it may appear as if a final judgment is reached that the investigator unsuccessful.
That could definitely be the case in some things. The acquittal might have been reached as a result of the choose or jury believed that there wasn't enough solid proof to guide to the conviction of the person as a result of they still had cheap doubts concerning the guilt of the individual involved the crime. This could mean that there was some negligence on the part of the investigator therein they failed to notice enough proof realize that confidence on the far side an affordable doubt within the minds of the choose or jury. However, in some cases there may not be an ample quantity of proof out there for assortment, witnesses may not have stepped forward, or other circumstances tied their hands. There might have been enough for grounds once it came time to arrest a suspect, but not enough to prove guilt on the far side a cheap
doubt. One change that can in all probability happen within the criminal investigation within the next twenty years is that the use of additional electrical circuit cameras, similar to what's getting used within the UK. Many massive cities are beginning to place up these kinds of cameras, and it may not be long till police are able to do plenty of work victimization these tapes. Another change that can in all probability happen within the criminal investigation within the next twenty years is that the technology accustomed gather and review proof. New technology may be able to notice fingerprints in places antecedently thought not possible, or quicker tests to facilitate confirm of who committed the crime. In conclusion, investigators are on the front line of making an attempt to see who, what and why and then pass this information on to prosecutors. Prosecutors must use this proof to facilitate the proper path that they must take a specific case within the criminal justice system. The fate of any case will believe on the functionary having the ability to convert the jury or choose on the far side an affordable doubt that their situation of events and proof all points to the guilt of the suspect. References Becker, R. F., & Dutelle, A. W. (2013). Criminal investigation (4th ed.). Burlington, Mass.: Jones & Bartlett Learning. Carmen, R. d. (2013). Criminal procedure: law and practice (9th ed.). Belmont, Calif.: Wadsworth Pub. Co.. Hess, K. M., & Orthmann, C. M. (2012). Criminal investigation Karen M. Hess ; Christine Hess Orthmann. (10th ed.). Clifton Park, NY: Delmar, Cengage Learning.
The Methods of Discovery is when both parties present all the evidence that they have. Both parties have the right to interview all witnesses of all the ...
From a trial strategy point of view, you always start with the piece(s) of evidence you believe are most damaging to the client's case and work backwards looking for an exploitable flaw in the search and seizure procedure that would make that or those item(s) inadmissible. The further back in the series of events you can argue a fatal flaw, the more likely that the evidence and any additional materials which flowed from that particular item of evidence will be excluded. This is the practical analysis of all the times we see or hear of law enforcement arguing that there was some technical item which drew their attention and suspicion and justifies their hunch that criminal activity is afoot.
I wanted to look at the investigative and criminal procedures following the arrest of an alleged criminal and the powerful effects via testimonies and evidence (or lack thereof) it can have on a case.There is an importance of the courts in regards to crime that can’t be over looked. The primary function of the criminal justice system is to uphold the established laws, which define what we understand as deviant in this society.
In closing, the criminal trial process has been able to reflect the morals and ethics of society to a great extent, despite the few limitations, which hinder its effectiveness. The moral and ethical standards have been effectively been reflected to a great extent in the areas of the adversary system, the system of appeals, legal aid and the jury
Amongst the responsibilities of the prosecutor is the ability to decide how to bring the charges, such as, joinder of charges or joinder of parties. I will be discussing the choices that prosecutors must make when prosecuting a crime (Whitebread & Slogobin, 2000). Sometimes the prosecutor will make the decision to forego prosecution. This could be done through a plea bargain or through dismissal of the charges. Plea bargains are agreements between the defendant and the prosecution, where the defendant agrees to plead guilty in exchange for a lesser sentence.
The officers tampered with evidence and made a false discovery that he was the person and that is how he was convicted (Innocent Project N.D.). Many forensic methods have been implemented in research when looking for evidence, but the methods that are not scientific and have little or nothing to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011).
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
Criminal investigators are professionals in the law enforcement team who try to solve crimes, prevent the occurrence of future crimes, and searching and detaining suspects. The two categories of criminal investigators are private and public criminal investigators. The level of training that these professionals go through is different which leads us to the differences between public and private criminal investigations.
Crime Scene Investigation For my assignment, I will be looking into the case of James Bulger, aged 2 years old, who was kidnapped and murdered by John Venables and Robert Thompson on February 12th 1993. Through evidence found at the crime scene and testimonial statements, the police saw that the two boys, ages 11, abducted James from Bootle Strand Shopping Center, Liverpool. They took him on a long, aimless walk where they brutally attacked him and left him for dead. In my assignment I will show how work done by the police, forensic scientists and Investigators helped to convict Jon and Robert.
Assemble a set of guidelines for conducting preliminary investigations in a criminal case. When there is a criminal case, there are a set of guidelines a criminal investigator should follow when conducting a preliminary inquiry. These guidelines consist of arriving at a crime scene in a timely manner, just in case the suspect may still be at or near the scene (Hess, K.M. & Orthmann, C.H., 2013). They will need to take care of any injured person or people that may need emergency care. Check to see if there are any witnesses who have seen what happened.
· What does criminal investigation mean to you? · Why are criminal investigations important? · What purpose do they serve? · Finally, apply at least 1 biblical passage to the concept or practice of criminal investigation. · Explain why you picked the passage and what it means to you.
Today, technology has affected our global surroundings in a number of ways. Technology has created a more advanced society and economy. We use technology in every aspect of life today. New innovations and technology helps create a safer atmosphere and reduces the rate of crime. Technology is the usage and knowledge of techniques or is systems of these things. Usage of technology in the criminal justice system is not new but more apparent today. Technology in criminal justice will continue to challenge us to think about how we turn information into knowledge. Due to new technology, criminal investigations are able to maintain and improve their processes. Forensic science, DNA, other and future technology has all had a tremendous impact on criminal investigation and its process.
To begin with lets start off with what an investigation is, an investigation is “An investigation is the process of planning and conducting appropriate lines of inquiry to obtain the evidence required to objectively determine the factual basis of allegations.” According to the United Nations Development Programme Office of Audit and Investigations. And a Preliminary investigation is limited scope inquiry undertaken to verify whether an allegation merits a full investigation. As a first responder on a scene he will conduct a preliminary investigation that will in the end help solve the crime. The officer needs to take note of all things and question witness, victims and even possible suspects.
Police, courts, and corrections are separated government institutions with different goals, histories, and operating procedures. Law enforcement officials report crimes that happen in their area. Officers investigate crimes and gather evidence to identify and use against a presumed perpetrator. Thus, it is the duty of the officer to uphold the rights of offenders, victims, and to conduct police procedures within rules set by law. Depending on the nature of the crime and the evidence gathered it is up to the police discretion to make an arrest or issue a citation for the accused to appear in court. The law enforcement has responsibilities that no other component does, thus an officer does not decide the defendant’s conviction; the jury does (Neubauer and Fradella,
The criminal investigation process is able to achieve justice to a great to a great extent. They are effective in achieving justice, as they are able to balance the rights of the victim, offenders and society and also provide fair and just outcomes. For these reasons, the criminal investigation process is largely able to achieve justice.