The Role of Police in the Criminal Investigation Process

The police enforce the laws that have been put in place by legislative bodies and by the courts, all of which are essential for keeping law and order within our society. However, there are several issues with the roles of police, with arguments for and against in regards to achieving justice for society, the victims of the crime and perpetrators. The powers of police are derived from the Law Enforcement (Powers and Responsibilities) Act 2002 NSW (LEPRA) and they define the roles, regulations as well as the provisions of powers that are provided for policing agencies. As such, the police play an important role in investigations and arrests in the criminal justice process.

The police investigate crimes on behalf of the state and ensure that any breaches in the law are uncovered. This requires trust from the public as well as the victims of the crime and even the offenders. Trust is not always given to police due to issues such as historical distrust from certain communities as well as a fear of excessive police force. For example, generally in aboriginal communities there is a disjunct between the police and the community due to historical oppression and the growth of negativity due to past racism and discrimination that can be seen through the collection of discriminatory policies known as ‘The White Australian Policy’. This distrust in police can hinder criminal investigation processes and ultimately hinders the role of police as an investigative body. However, this is not always the case for all communities. Some communities, such as those in suburbia, generally have greater trust with the police due to a culture of law and order. This can be seen through the entertainment industry with television shows such as Law & Order, NCIS and other crime shows perpetuating an idea of trust and faith in law enforcement agencies. This benefits the police investigation as, to a large extent, people from suburbia will more likely report crimes or will not hinder the investigation processes.

Police also are given the power and role of searching private estates as well as bodily searches. These powers are provided with the presence of a search warrant that can be obtained from a local court, a magistrate or an authorised justice of the peace. These warrants give policing agencies the power to enter private property or collect evidence from an individual’s body and search for the particulars that are on the warrant. In certain circumstances the police cannot obtain evidence from other sources or may require more evidence for a prosecution to occur and this evidence may only be able to be obtained from private property or from an individual’s body. However, these powers can, to a lesser degree, be interpreted as breaching civil rights and sovereignty. These issues stem from a strong held belief in private property, to the extent that they are sacred grounds for a person, as well as issues of distrust in the police that was mentioned previously. Similarly, in regards to bodily evidence being collected, bodies are seen also as sacred areas and sometimes there is reluctance with giving such samples like dna or tissue, due to concerns over privacy and to a large degree, a misunderstanding of technology.

If you have a burning question, or would like to featured in some way in the "Ask them from me" segment, email me at: cc3493@gmail.com. If you do not want to be featured in the "Ask them from me" featured post, please let me know in the email :)

Visit Particular Interest for more content like this!



Location: Sydney NSW, Australia

Comments

Post a Comment

Popular posts from this blog

Essay: "Frank Hurley: The Man Who Made History" by Simon Nasht

Simon Nasht’s Frank Hurley: The Man Who Made History (2004) creates a discussion around the ethical and moral nature of Hurley’s work through its rediscovery made by the modern audience. Nasht questions the true role of photography, presenting two sides; one that photography is meant to be historic and a realistic snapshot of the subject and the other with a more artistic and emotional representation of the subject. Nasht presents the negative view towards Hurley’s work through the use of experts – which add to the arguments credibility – whom criticise Hurley’s photographs as “elaborate concoctions” rather than presenting the ‘real’ images that was necessary of a photographer and describe him as “a showman, a performer”. The description of his photographs reveal a perspective that his photos are overemphasised and exaggerated,   whilst also highlighting, through negative connotations of magic and fabrication, that there is a lack of realism in his work. Nasht further emphasises ...
Read more

Legal and Non-Legal Responses to Housing Affordability in Australia

Image
Legal and non-legal responses to housing affordability in Australia have been largely limited in their effectiveness due to issues such as a poor resource allocation, low accessibility and an inability to meet society’s needs. Legally, both State and Federal Governments are restrained, with the constitution giving power to the states to create  legislation for housing.  However state governments are constrained by the lack of funding with the necessity to negotiate with federal treasuries to obtain enough funds for projects – although the Federal Government does provide support to citizens through transfer payments and rent assistance – with house prices continuing to soar and a lack of  law reform in taxation regarding negative gearing andcapital gains ta x being another major issue. Non-legally, many non-government organisations (NGOs) have been limited by issues such as an inability to keep up with demand and not enough funding to meet the demands of society. ...
Read more

Legal Studies: Case Law

CASE NAME BASIC ISSUES SYLLABUS DOT POINT SYLLABUS THEME AND CHALLENGE R v Burrell [2006] NSWSC 581, 2006 ·        Murder conviction without a body ·        Rogue juror caused first trial to be aborted Lead to law reform (majority verdicts) ·        Exhausted appeal process ·        The role of juries, including verdicts ·        Appeals ·        Effectiveness of the criminal trial process ·        The criminal investigation process ·        Law reform ·        Issues of compliance… ·        Law balances the rights… ·        Law Reform Gang Rape Case No 2 - R v Bilal Skaf, R v Mohommed Sk...
Read more