The Police should be Judges and Jurors to ensure that

criminals get what they deserve

The criminal investigative process is managed by a legal framework,

designed to ensure that justice is carried out to the highest possible level.
The sections of this framework are:
-The adversarial system
-Definition of crime
-Elements of Crime: Actus Reus and Mens Rea
-Burden of Proof
-Corpus Delicti
-Types of Evidence (hearsay, direct)
-Jurisdiction

The Adversarial System is where two people (or groups) are represented
by secondary parties, in front of a judge, who is usually aided by a jury if
the cast has a high enough level of severity. The aim of this is to separate
the truth from the lies and bring justice to those who deserve it. Both
parties are represented by lawyers, either Prosecution or Defence, whose
job it is to convince the judge and jury that their clients statement is
correct.
The reverse of this method is the Inquisitorial System, where groups of
judges examine cases and make the decisions themselves based off of
this.
The Definition of Crime that I suggested when asked was An action that
disrupts societal and moral norms, leaving someone wronged by the
consequences. However, the official definition of crime is An action or
omission which constitutes an offence and is punishable by law. An act that is an
offence to society, and breaks the defined laws is considered a crime. Individuals
perceive the idea of crime differently, as everyone in society has differing beliefs
on what exactly counts as a criminal offence.
The Elements of Crime include the Latin terms Mens Rea, and Actus Reus.
Mens Rea translates as guilty mind, meaning the intent of committing a crime.
Actus Reus translates to guilty act, which means the actual carrying out of the
crime. This raises the point of whether or not someone meant to commit a crime.
This includes the Insanity Plea, any intoxication or disabilities, and whether or
not the were being provoked. If these apply, a person may plead 'Diminished
Responsibility', which will be taken into account during sentencing.

Burden of Proof is when a Defendant or Prosecutor must prove or disprove a fact

that is brought up during the case. All evidence must be given as a fact, and
backed up with valid proof. The other side must debunk this evidence and cast
aspersions upon it, to aid in convincing a jury of their sides validity.
Corpus Delicti is Latin for 'the body of a crime'. It refers to the fact that a crime
must have been proven to have occurred before it can be presented in court, and
before anyone can be charged with carrying it out.

Types of Evidence include Hearsay and Direct Evidence. Hearsay evidence is a

statement made with 'reasonable' presumptions made by witnesses. It can only
be counted if the same information has been received from multiple sources, and
it is presented correctly, with the document fully detailed, as this evidence type
is used when the witness is unable to attend.
Direct Evidence is a testimony given by a witness during a court case 'directly',
with opportunity for both the Prosecutor and the Defendant to question said
witness.
Jurisdiction is the specific local in which a legal body may operate. They
administer justice within their area of responsibility, and handle any legal issues
that fall within their geographical bounds.

The legal framework would not function without certain safeguards, designed to
protect those under criminal investigation.
Arresting an individual is an authority granted to the police, if that individual is a
suspect in a criminal investigation, or possesses evidence that links them to a
crime. When actually conducting the arrest, there are specific procedures that
the officers must follow through to ensure that an arrest is both ethical and
efficient.
Violence, for example, cannot be used during an arrest, as this is unethical and
unprofessional, and if this is not followed, it can later harm a case once it
reaches court. By following these procedures correctly, this ensures that the
investigation is carried out in an effective, efficient, and ethical manner, meaning
the investigation has a better chance of a positive outcome.

Search and Seizure Procedures relate to the seizing of evidence that is found in
the possession of suspects in case. Before any evidence can be collected in this
scenario, a warrant must be obtained from a higher authority. A warrant can only
be given if there is high suspicion and likelihood that there will be evidence to
find in the suspect's property. Anything seen that has potential to be evidence for
the case can be seized and used later in court. As in the initial crime scene, all
evidence must be collected in appropriate PPE, and contained in the appropriate
receptacle. Without a warrant it would be illegal to search or seize evidence from
the possession of an individual, as it is unethical due to invasions of privacy

Reporting and Recording of a Crime is necessary as this is the information that is

used in the court to ensure the system works. There are many different
procedures that need to be followed when reporting and recording crime. For
instance, when an individual is reporting a crime, it is important that the police
gains a large amount of detail about the incident ensure that the investigative
team has enough information locate possible witnesses and suspects. The only
questions asked in this stage should pertain to the case to ensure that there is
no breach of privacy, as this can raise ethical concerns. Recording the details of
the incident allows the judge and jury to come to the conclusion that the
investigation team conducted their roles and responsibilities correctly,
efficiently , effectively, and also ethically. It is important that at each stage of the
investigation that all information is reported and recorded so everything is
conducted to these standards.
Rules of Evidence cover what exactly must be done when obtaining and handling
evidence. Warrants must be obtained as stated above, and all channels of
authority must be correctly followed. PPE is extremely important to ensure that
there is no contamination of essential evidence, as this has the potential to
destroy whole court cases.
After the evidence has been collected, it needs to be placed in the correct
evidence bags or containers, to ensure it is not damaged, lost or altered during
storage or transit. Each evidence bag needs to be signed and dated with the
correct date, time, description, location and the correct corresponding URN.
Every member of the team that handles the evidence at any point needs to sign
and date the container. This maintains the chain of continuity which ensures that
the evidence has not been tampered with or contaminated.
Disclosure of Evidence pertains to the fact that before any court case, the
Prosecutor must, by law, provide the Defendant's lawyer with all the materials
that will be presented in the court room. This can include a statement of charges
against the Defendant, a list of witnesses, a general statement of any evidence
each witness will provide, and any physical evidence that will be presented. This
allows the evidence to be checked, and maintains the ethicality of the court.
Code of Practice on Data Retention refers to the regulation Data Retention and
Investigatory Powers Act 2014. This links to the retention of communications
data by communication service providers. The powers and duties enforced by
this provides guidance on the procedures that need to be followed for the
retention of the communications data. It sets out the principles that are needed
to be adhered to by those who possess the data.
Communications Service Providers Regulations ensure that any data handled by
service providers is not misused. They have to follow certain obligations set
down by the Telecommunications act of 1997. Specifically, they must protect the
confidentiality of any communications they carry, along with and details and
personal information of their clients.

Laws Governing Police Powers, specifically PACE, regulates the powers of the
police, and protects the public from misuse of those powers. PACE regulates
detention, identification, stop and search, arrest, interviewing, and investigation,
to ensure that everything is being handled without ethical issues. The criminal
justice act makes sure that all areas in the criminal investigation process are
conducted correctly, and according to the laws that are set down. The act, for
example, ensures that cases that have the potential for jury tampering, are tried
by a judge without the presence of a jury.
Codes of Practice: Prosecution of Offenders Act, Criminal Procedures and
Investigations Act, Youth Justice and Criminal Evidence Act, Regulation of
Investigatory Powers Act (RIPA) is a list of the various acts that ensure that a
criminal investigation is fully equitable. The prosecution offenders act, for
instance, established the CPS, and transferred the responsibility of prosecution of
any offenders from the police, to the CPS, also setting out how the prosecution is
conducted. The code of practice for the criminal procedures and investigations
act looks at how police officers should record, retain and if and when they should
reveal anything obtained in a criminal investigation to the prosecution.
Information that is being revealed to the prosecution needs to be done so in a
certain manner. It is important that material and information obtained in a
criminal investigation is presented in the correct order. This shows to the court
that the investigative team conducted all their roles effectively, efficiently and
ethically during the investigation and they have prepared and presented their
material correctly, and coherently, and all of the information is thoroughly
checked to ensure information is complete.
The youth justice and criminal evidence act looks at an individuals competence
in standing as an adult, and giving evidence in court, and places restrictions on
the use of certain types of evidence. This act ensures that all offenders under 18
are referred to the youth offenders panel, where proceedings can be handled
ethically.
If covert surveillance has been used in an investigation, meticulous records must
be kept to show that all sections of RIPA have been followed.
Criminal Procedure Rules: Human rights Act, Data Protection Act, Freedom of
Information Act, these all ensure that the rights of people have not been
infringed and that these people are protected. Human rights are important in a
criminal investigation, as any violation can severally affect the case. If the
investigative team has been proven to have violated human rights, it can cast
aspersions on all other evidence presented by them. Data protection simple
keeps the data secure, ensures that it is only used lawfully, kept no longer than
necessary, used to the barest minimum to ensure privacy, and above all,
accurate. The freedom of information act however, ensures that any information
held by public authorities is legally and readily available to the general public.
This includes the NHS, certain government departments, schools, and local
authorities.

These legislations exist to ensure a lack of corruption in the governmental and

justice systems. Providing that every member of an investigation follows their
roles to the highest possible level, then the system is ethical, effective, and
efficient, and any of the public's information is safe.
It is because of these laws tat every aspect of the justice system is as effective
as stated above.
However, there are always circumstances when these regulations are not
followed, such as in the case of the Rachel Nickell murder case. The police were
accused of incriminating the perpetrator, as a female office, whilst undercover,
entered into a relationship with him, in order to convince him to talk. This is
unethical, as manipulating sexual attraction in this way, is not abiding by human
rights. Another example would be if unlawful force was used during an arrest.

Courts have two main sections in England and Wales, and those would be the
Magistrates Court, and the Crown Court. Both handle different classes of crimes,
and convict with differing punishments.
The Magistrates Court handles things such as petty theft, and driving under the
influence. It features only a judge, with no jury, and can hand out a maximum
punishment of six months in jail, or other such things, for example, fines.
The Crown court handles the more serious crimes, such as murder, rape, or
abuse. It does feature a jury, who examine the evidence presented, to make a
decision of whether a defendant is guilty or not. Based on their verdict, the judge
would provide a suitable punishment. In this court, the punishment is generally a
prison sentence.
Tribunals are another type of court, specifically, a specialist court. An example
would be the Police Appeals Tribunal, which looks into appeals made against the
police based on how they have acted on the job. Each type of tribunal has its
own methods of handling cases, and providing punishment.
Appeals are a convicted individual's ability to question the decision of the court,
and re-defend themselves in a new trial. If an appeal is accepted, the decision
may be re-evaluated and the conviction overturned.
National and Local Police Forces are the ones who actually investigate crimes. On
the Local level, things are generally maintained to a specific community or area
of assignment. The National level, however, spans the whole country, and the
investigative team tends to be brought into a specific area where they are
required.
Their role, no matter the level, is to arrive on the scene of a crime as fast as
possible, arrest the perpetrator if they are still there, cordon of the scene, and
gather any witnesses. They must report and record any information discovered
at this pint, as it may aid later in the case.

Other Law Enforcement Agencies include courts, prisons, youth offenders

charities, victim support, probation centres, and attendance centres.
National Probation Service has the task of ensuring that high risk offenders, be
that flight risk, or reoffending risk, stay where they are supposed to, and that
they do not commit any illegal activities. The offender is supervised once out of
prison, to ensure that they belong back in the community. Offenders have the
potential to be let out of prison on probation is they follow the requirements
given to them in prison, and maintain good behaviour.
Victim Support is mainly comprised of different charities who come together to
provide aid to those who have been victimised. There are many different support
groups, depending on what exactly they are a victim of. It isn't just for those
directly involved with a crime, but for those who have lost family members to the
crime, and are struggling to cope with the loss. The main goal of victim support
is to help them move past the events, and regain their lives.

The Crown Prosecution service is actually the main agency of its kind in England
and Wales. There are many different roles within the system, such as providing
authorisation to prosecute, providing confidential advice to those investigating a
crime, deciding whether or not a defendant's appeal is permitted.
Victim support is essential in the justice system, as it helps the victims move
past the trauma they have been through. Because it is so essential, it has been
designed to be as effective as possible. It aids witnesses in recovering their
metal stability after living through a traumatic event. If they didn't not have
access to this support, it is entirely possible that the events would never truly
leave them, meaning they may not live life to the fullest, or may possibly even
end up committing crimes of their own.
The National Probation Service is effective in it's role in the justice system, as it
ensures that offenders are not just released and ignored once their time is up. It
ensures that they are still monitored after release, to ensure they are coping with
normal life again, outside of prison. All in all, it ensures the safety of the public,
as crime rates would reduce, due to activity being monitored (well within ethical
boundaries, of course).