Introduction As police officers own right to carry out an investigation on the suspect, public arise concerning on negligent investigation. In the Hill v. Hamiton-Wentworth case, Mr. Hill was accused robbery and then was proved innocent. Mr. Hill filled a lawsuit against police officers on the tort of negligent investigation, and the Supreme Court of Canada dismissed Hill’s appeal. Moreover, a majority of the court recognizes there is a tort of negligent investigation in Canada, but Mr. Hill was investigated under code of care and no tort of negligent investigation during his investigation. While the argument of minority believes the tort of negligent investigation should be recognized in Canada, and the police had been negligent, the argument of minority is more compelling than majority. Tort of Negligent Investigation General speaking, a tort of negligence is a failure of someone or one party to follow a standard of care which means failed to do what a reasonable person do or do what a reasonable personal would not do. From the interest perspective, the tort of negligent investigation is an offence against private interest of an individual, corporation or government due to the negligent investigation. Whether a tort of negligent investigation exists in Canada is related to whether investigators owe a duty of care to person being investigated and what is the standard of care. Finally, a tort of negligent investigation only exist when there is a loss or injury to the suspect and the loss or injury was caused by the negligent investigation. While the police officers have rights to investigate suspect, the duty of care of the officers to suspect exist and the officers were under a legal obligation to exercise care for Mr. Hill. ... ... middle of paper ... ... be found in Mr. Hill’s case given he position set out by the majority judgement in this case. Conclusion When police officers investigate suspect, especially a criminal suspect, public interest was against and officers owe a duty of care to general public for the purpose of public safety. Meanwhile, private interest was against as well and officers owe a duty of care to suspect to ensure suspect’s rights and avoid charging innocent person. In order to balance these two conflict interests, a clear standard of care need to be established so police officers could follow the procedures to prevent negligent investigation. Reference Boyd, N. (2010). Canadian law: An introduction. Cengage Learning. Hill v. Hamilton-Wentworth Regional Police Services Board, 2007 SCC 41, [2007] 3 S.C.R. 129.Retrieved from: http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2382/index.do
Linder, Douglas O. "Judge James E. Horton." UMKC School of Law. 1999. Web. 24 Feb. 2011.
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
In many years there has been a debate about procedural justice, policing community and communication in policing. Each of this topic is extremely important for the police to follow in order to maintain the community safe and build trust within the community. Police legitimacy is also important for the police to build a good relationship with the public. This essay analysis on what is procedural justice, community policing, and communication in policing and how each of this topic contribute to the legitimacy of police within the community. Each of this top is extremely important for police officer to be aware in order to effectively deal with any issue and build relationships with the community.
A man named Edward Strief was arrested by detective Douglas Fackrell during an anyonoymys tip relating to the sales of drugs at a nearby residence. Fackwell witnesed Edwad coming outside the residence that he was watching for two weeks. Fackwell then decided to stop and detain Strief as he was walking out. In addition, Strief had a warrant out for his arrest which was deemed “outstanding”. In addition, the deective discovered methamphetamine and a pipe used for drugs. Stried fought it in court claiming the search was unreasonable because the officer has no suspicion., thus affirming the exclusonary rule. According to the district court , the detective conducted an unlawful investigative stop, but the evdience found justifies incident to arrest.
Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can lead to the denial of citizen rights. Strategies that control the use of discretion are, therefore, very important. The benefits and problems of police discretion and controlling strategies are the focus of this essay.
Therefore, under these ethical standards, prosecutors cannot file charges if there is not enough evidence to support a conviction, they also do not file if it is not in the public interest to do so. This is what makes the possibilities limitless; however, three key factors also play a part in determining which cases to prosecute. If prosecutors follow these three factors in determining cases then the contradiction of limitless discretion and high ethical standards should be remedied for others. These are factors that should be followed are as followed: the seriousness and nature of the offense, the offender’s culpability, and the likelihood of being able to obtain a conviction at a trial. “Ethical conduct, then, must be the core of the prosecutor’s role in the criminal justice system” (Hemmens, Brody, & Spohn, 2013). Therefore, even though prosecutors have almost limitless discretion in their decisions, they still must
When analyzing the use of force, it is important to answer two questions: Is the force used reasonable? Does the situation warrant the use of said force? These two questions have become important particularly with the Supreme Court determination on the Graham v. Connor case, which made a decision on cases that involved the use of force. This determination affects future cases and how jurors and the courts of law will determine such cases and provide a blueprint on how the judicial process is undertaken in such matters. This paper will indicate the influential case of Graham v. Connor and examine it thoroughly by comparing it with other cases that have a similar outlook. All this is to understand the standards that police officers are held to,
Law enforcement faces ethical decisions on a daily basis due to their responsibilities in protecting its citizens. The decisions they make affect the views of society towards police departments. With the use of police discretion, officers include various criteria in making those decisions. Control mechanisms contribute to the enforcement of laws that constantly change, directly changing an officers discretion in situations where decision making plays an intricately significant role.
One of the detectives replied that, the police officer’s discretion warrants whatever force is used that benefits conducting an arrest. According to David H. Bayley, a specialist in international criminal justice, “The police are tempted to violate the law in order to serve the larger interest of natural justice.” He also states that “police feel pressure from the public to overstep their authority; they are taught…that it is essential to establish immediate control.” (2002, p. 140). There is no doubt that there are times that police overstep their authority and give in to the temptation. Because of this, the public’s trust in these public officials decreases, when it comes to the public’s
When a person becomes a peace officer - or any position that has inherent authority - ethical dilemmas will soon present themselves. If such an individual has divorced the concept of morals and ethics from practical daily-living then you can expect their decision-making to end where the consideration of others begins and therein lies the root of much of the world’s ills. The result of such actions harms not only the officer and the victim but reflects on the whole of the American criminal justice system. Because of their visibility the necessity for officers to not only to have a working knowledge of ethics but to practice the highest conceivable notion of it - including morality and impartiality.
Once arrived on the scene the undersigned detective interviewed Officer Lombardini (hereafter referred to as W-1), who reported that he and Officer Garzino (hereafter referred to as the complainant) were in full uniform, patrolling PSA 604 on the mountain bike. W-1 reported that he and the complainant observed Mr. Darnell Rico Mayfield sitting in his car (2 doors, black Honda Accord, baring DC tags ES1128) in the rear of 4677 Benning Road, SE.
Police decisions can affect life, liberty, and property, and as guardians of the interests of the public, police must maintain high standards of integrity. Police discretion concerning how to act in a given situation can often lead to ethical misconduct (Banks 29).
Police discretion is “the exercise of choice by law enforcement officers in the decision to investigate or apprehend., the disposition of suspects, the carrying out of official duties, and the applications of sanctions.” (Schmalleger, 181) This is very important because the majority of police tasks are done solely by a single police officer and without any close supervision. He or she must make that decision quickly as well. Many factors influence a police officer’s decision to use force. These factors include Personal Practices of the Officer, Pressure of Victims, Community Interest, Background of the Officer, Characteristics of the Subject, Department Policy, Disagreement with the Law, and Available Alternatives. Personal Practices of the Officer are the li...
Officers cannot just go out and arrest people just because they believe they have committed a crime. They must find the evidence that is needed to prove guilt and this is here investigation comes into play. Up for discussion will be the concept of criminal investigation, solvability factors, and the supervision of investigative cases. The importance of each cannot be defined individually. They have to be taken as a whole to ensure that the investigation runs smoothly.
Although we see a suspect as a bad person, they are still human and have rights. Police officers have a set of rights called Maranda Rights. They read these rights aloud while arresting the accused suspect. For example, if a police officer does not follow the appropriate procedures, it is possible that he or she could lose their job or even get a fellow officer or the suspect injured, or worse, killed Procedures also must be followed to uphold the law. Many organizations, like schools and businesses, have an order of processes they follow. Usually, if a system does not have any type of order or procedures, the system will not operate properly. It is critical that police officers follow rules. The next move an officer makes could mean life or death. Another example is that officers must use certain measures when dealing with potential suspects that may do harm to others or themselves. If the officer does not handle the situation in an orderly manner, it could have terrible effects on the community. The public would feel better knowing that procedures are being done correctly within the