balance of rights legal studies essay
Criminal investigation is used to identify, locate and prove the guilt of a criminal. A complete criminal investigation can include searching, interviews, interrogations, evidence collection and preservation and various methods of investigation. This essay will assess the balance of the rights of victims, offenders and society in relation to: legislation, media articles and cases. It includes police powers, warrant, and bail.
The role of a police in criminal investigation process is to investigate crimes, interrogate suspects, make arrest, and gather evidence. This is outlined in the ‘Law Enforcement (power and responsibilities) Act 2002 (NSW)’. The police have the power to stop and search a person who they reasonably suspect has stolen something or if they find weapons, drugs etc. then the police can obviously seize the object. This is evident in the case DPP v Leonard (2001). The media article ‘Police powers raised to track child porn’ mentions that Police have been given broad new powers to tap phones and search the emails and text messages of anyone connected to child pornography suspects. Police powers can help society in case the accuser does have illegal objects and it could be bad for the offender. Police powers can have advantages when police search whom they think have done the wrong; it can occasionally lead them to a suspect; hence a police should not make an arrest for the sake of an investigation because it detriments to the suspects rights.
The police have the right to search only if they have a warrant. They can apply for a search warrant. It commonly has to be for an indictable offence, a firearms offence, child pornography or that something has been stolen. The warrant must be signed by a judge for them to start searching others. The legislation Terrorism Legislation Amendment (Warrants) Act 2005 has allowed secret searches in relation to terrorism offences; this legislation has given police even greater powers. The media article ‘Police to
The role of a police in criminal investigation process is to investigate crimes, interrogate suspects, make arrest, and gather evidence. This is outlined in the ‘Law Enforcement (power and responsibilities) Act 2002 (NSW)’. The police have the power to stop and search a person who they reasonably suspect has stolen something or if they find weapons, drugs etc. then the police can obviously seize the object. This is evident in the case DPP v Leonard (2001). The media article ‘Police powers raised to track child porn’ mentions that Police have been given broad new powers to tap phones and search the emails and text messages of anyone connected to child pornography suspects. Police powers can help society in case the accuser does have illegal objects and it could be bad for the offender. Police powers can have advantages when police search whom they think have done the wrong; it can occasionally lead them to a suspect; hence a police should not make an arrest for the sake of an investigation because it detriments to the suspects rights.
The police have the right to search only if they have a warrant. They can apply for a search warrant. It commonly has to be for an indictable offence, a firearms offence, child pornography or that something has been stolen. The warrant must be signed by a judge for them to start searching others. The legislation Terrorism Legislation Amendment (Warrants) Act 2005 has allowed secret searches in relation to terrorism offences; this legislation has given police even greater powers. The media article ‘Police to