...Criminal Evidence Act 1984? Section 24 of the police and criminal evidence act 1984 provides the statutory power for a constable to arrest without a warrant for all offenses. If the provisions of the act and this code are not observed, both the arrest and the conduct of any subsequent investigation may be open to question. 2 What does the Equality Act 2010 state about making an arrest? The person being arrested must be informed they are, even if it’s obvious, and the relevant circumstances of the arrest in relation to both the above elements. The custody officer must be informed of these matters on arrival at the police station. 3 State the two elements of arrest under Section 24 PACE. A lawful arrest requires two elements: * A person’s involvement or suspected involvement or attempted involvement in the commission or a criminal offence. Reasonable grounds for believing that the person’s arrest is necessary. * Both elements must be satisfied and; * It can never be necessary to arrest a person unless they are reasonable grounds to suspect them or committing an offence. 4 State one example of when a police officer may arrest without a warrant. 5 Explain what is meant by ‘necessity criteria’. It is the power of the arrest which is only exercisable if the constable has reasonable grounds for believing that is necessary to arrest the person. 6 Explain the statutory criteria in sub-paragraphs (a) to (f). A: To enable the name of the person in question to be...
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...Crime Rate versus Arrest Rate CJA/204 December 10, 2012 Judge Troy Webber The most common error involving the relationship between crime rates and arrest rates occurs when the statistics claimed have been contradicted by the factual information readily available. Another common error, whether intentional or accidental, is to compare the raw number of reported crimes without adjusting for the expected baseline of the crimes that were committed. Not adjusting for this happens consistently. Also the crime data does not contain any information on repeat offenders. One would have to focus and observe the offenders criminal behavior over time to truly get a good status on these rates. Crime agencies report the number of offenses and crime data in the following categories: murder and non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft and arson. This data is known as Part One offenses. Part Two offenses include all crimes not classified as Part 1 crimes. (FBI, UCR Handbook 2004) The arrest rates for Part One and Part Two offenses are obtained according to age, sex and race of the alleged offender. It is extremely hard to correlate race with sex or age because this information is secured independently by the agencies, which in turn limits the capability to analyze it. Also each individual arrest cannot be related precisely to the number of crimes being cleared because the arrest totals count each offender apprehended...
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...justice system, they become quite different. It is an important task to identify the two definitions in the criminal justice system, and have an open mind to the cause of disparity rather than to assume discrimination. The first thing we must do is define both disparity and discrimination. Disparity is defined as lack of similarity or equality toward a group of people. For example if someone was to make the statement, a prison population that holds 100 inmates, out of those 100 inmates 75% of them where black inmates. One would quickly come to the conclusion that the justice system in this area is creating disparity of treatment towards the black population. But in actuality this is not the case. The area that the population was pulled from was an area that was predominantly black. This example would be the case of disparity not discrimination. Disparity is not necessarily a choice; it’s what is in the focus area. One area in south may be harsher on burglaries and more lenient on drug related crimes. But on the surface in that area, more black people may be committing more drug related crimes. So it would appear that the courts are sentencing more time toward black people. But in fact, the courts are just harder on drug related crimes. The growing prison populations of black offenders have some scholars debating the motivation of discrimination the prison population. Some are saying it is not a black issue, poor issue. Regardless, the black population in prison is greater...
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...successful in his business endeavors. The time is three minutes before ten o'clock, the precise moment that they are scheduled to meet. The officer stays a few minutes more, and it is after ten o'clock when he says goodbye and leaves. The man waits twenty minutes more. Finally, another man approaches, bundled up against the light rain that has started to fall. The new man calls the man in the doorway Bob and answers to the name of Jimmy Wells. As they chat, Jimmy points out that he has not done as well financially as Bob: he has a position in a city department. He suggests that they go to a place that he knows of nearby, where they can get out of the rain and have a long talk about old times. When they pass through the light emanating from the window...
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...Introduction ‘Quis custodiet ipsos custodes?’- The Satires of Juvenal Over the years, the New South Wales police have received expanded powers through a raft of legislative amendments. It is evident that in dealing with any given circumstance that arises during the execution of their duties, officers may rely on both the common law and statutory powers to give effect to powers such as a warrantless arrest. In context of this power, the common law concept of the breach of peace deserves particular attention due to the dangers of misuse or abuse in its interpretation by the police. This paper will discuss how the common law and the Law Enforcement (Powers and Responsibilities) Act (2002) (LEPRA) give lawful effect to arrest and other various powers against offences connected to a breach of the peace. Finally, it will assess whether there is any practical desirability and utility of codifying such a power. This will be achieved by critically evaluating whether the current state of the law with respect to police discretionary powers effectively prescribes a balance between the law enforcement culture and the continuing maintenance of civil rights and liberties. In doing so, it will conclude by examining the consequences and implications of codification. Development of ‘breach of the peace’ The breach of the peace is one of the earliest offences in common law whose provenance can be found through English law in the sanctity of the home unit where ‘every man was entitled to peace...
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...father from the hospital. He couldn’t know that later that very morning he would save a life. He showered and headed out the door. The freeway was unusually empty giving him the chance to reflect on the new day ahead. His 64 year old father was anxious to leave at the hospital where he spent the night hooked to wires and computers for medical tests. He signed a mountain of release forms and they were back on the road roaring toward home. The traffic was just coming to life as commuters made their way to work. The miles flew by while the two made small talk. As they eased off the freeway they watched a small two door sedan barrel head long into oncoming traffic. With years of law enforcement experience, the son immediately recognized the driver they were following was under the influence. Knowing it was his duty to prevent this drunk driver from hurting himself or worse, someone else, the son effortlessly transitioned into work mode. The father had a different idea, he told his son to get off the road and pull a safe distance away from the danger. The son said, “Dad, I have a moral obligation to protect the innocent people around this man before he kills himself or others.” The son placed a call to dispatch and notified the young lady of the situation, then requested help. The father sat silent in the passenger seat, watching first hand his son “on the job” for the first time. They followed the drunk driver until he pulled into a parking lot and stumbled from the...
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...am currently a barangay tanod in our barangay. Q2: Where is your barangay? A: It is in PugadBaboy St. San Andrews, Manila Q3: How long have you been a barangay tanod? A: I have been a tanod for 2 years now. Q4: What are the principal duties of your profession? A: My responsibility includes keeping the security of our barangay, traffic control, making arrests if there is a crime happening and there are no police to make the arrest. Q5: Where you the one who arrested the suspect BOB ONG? A: Yes, me and some of the tanods as well Q6: What day was this? A: Sunday, January 5, 2013 Q7: At what time did you make the arrest? A: It was 2:00 in the morning Q8: Are you sure? A: Yes Q9: How can you be sure? A: I looked at my wristwatch, and because I studied law and it taught me that whenever you make arrests, you should always be aware of every detail including the time. Q10: Can you tell us what occurred before you arrested the suspect? A: My fellow tanods and I were making the usual rounds in our barangay, when we got to PugadBaboy St. we saw someone jumping down from a wall. Q11: How high was the wall? A: It was about 8 feet. Q12: Is this wall part of a house? A: Yes Q13: Whose house?...
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...Authentic Case Assessment on Laws Authentic Case Assessment on Laws The Fourth Amendment The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The law that governs arrests, searches and seizures, and issuance of warrants (arrest warrants and search warrants) is the Fourth Amendment to the Constitution, above cited in toto. The Fourth Amendment is applicable only to government arrests as opposed to privately conducted ones, and in cases when the privacy of a person is intruded upon as when a search or arrest is conducted. The provision implicitly advances the exclusionary rule in criminal procedure which states to the effect that no evidence is admissible in court that was obtained in violation of the Fourth Amendment (Bacigal 2008 p.147). This rule was asserted in the landmark case of Mapp v Ohio, 367 US 643 (1961) where a woman’s house was searched by police authorities, who has acted on a tip that she was hiding certain bomb suspects, without a search warrant. Finding no bomb suspect, the police instead arrested her for the lewd pictures and books found in her basement on the strength of an Ohio law which prohibited their possession. After convicted in the lower court, a conviction that was affirmed...
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...defendant(s) have been arrested, this is when the investigation begins. The arresting agent will place a call to the pretrial service office with information about the defendant, and the circumstances surrounding the arrest (Pretrial Services, n. d.). Officers must interview defendant(s); this is done to determine the defendant’s source of support, activities, living situation, and employment (Pretrial Services, n. d.). Prior to the interview a criminal history check will be performed, the officer may need to speak to the Assistant U.S. Attorney about the charges and the Government’s position for a decision to be made in deciding to release or detain the defendant. The interview must take place in the U.S. Marshal’s holding cell, local jail, pretrial services office, or law enforcement agency’s office (Pretrial Services, n. d.). Officers speak to defendants in private and must remain objective during the interaction. The officer explains that information will be used to determine defendant’s release or whether or not he/she will be detained. Pretrial Service Officers must never discuss alleged offense, guilt, or innocence and does not provide legal advice or recommend an attorney (Journalists Guide, 2011). Pretrial Service Officers must verify information received from the defendant(s) because any information the officer receives could confirm what he/she has said, contradict it, or provide something more (Pretrial Service, n. d.). A jury is selected through preemptory challenges...
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...all. In this case it is stated the Crain was improperly and illegally arrested, if that's e true case then yes this is almost a classic case of fruit of the poisonous tree. The "fruit of the poisonous tree" doctrine is an offspring of the Exclusionary Rule. The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable search, or coercive interrogation must be excluded from trial. Under the fruit of the poisonous tree doctrine, evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation. Like the exclusionary rule, the fruit of the poisonous tree doctrine was established primarily to deter law enforcement from violating rights against unreasonable searches and seizures.(Legal Dictionary, 2008) The name fruit of the poisonous tree is thus a metaphor: the poisonous tree is evidence seized in an illegal arrest, search, or interrogation by law enforcement. The fruit of this poisonous tree is evidence later discovered because of knowledge gained from the first illegal search, arrest, or interrogation. The poisonous tree and the fruit are both excluded from a criminal trial.(Legal Dictionary, 2008) That being stated, then no the Supreme Court should not hold up his conviction, they should actually over turn it. Also this would open up to double jeopardy as well if they tried the try him again for the same crime. Should the womans in court identification...
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...At its core, a North Dakota warrant is an order by a judge that permits law enforcement to perform an act for the purpose of administering justice. There are three types of warrants: bench warrants, arrest warrants, and search warrants. Although these warrants have different names, they share the common purpose of permitting law enforcement to take action. If you have been served with a warrant of any type in North Dakota, you will need a North Dakota criminal defense and warrant lawyer to handle your case. Many people mistakenly believe that an active warrant permits an arrest to take place but an inactive warrant does not. If the North Dakota court system states that your case is inactive, this simply means that the case is placed on hold by the court until an event occurs which allows the case to proceed. Usually, the event that needs to take place is the arrest of the person accused in the case. Once arrested, a hearing will take place before the judge and the case will become active again. An inactive case does not mean that your case has concluded or that you will not be held responsible for your alleged crime. Many of Wynne Law’s clients have been on the receiving end of search warrants, bench warrants, and arrest warrants. Often, the person with a warrant out...
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...justice system. There is a saying as time change so does people change. And when they do so does all that was brought with them from the past making what we recently see and understand a blueprint for our future. This is done with all people, places and things. In the age of information which we recently live in there are many technologies that many would have thought would be impossible in this day, time and age. Especially when it comes to the way our criminal justice system has the ability to solve crimes much faster than it did in the past through the most powerful tool used today DNA. This is what gave the criminal justice a big break at even the hardest cases that was unsolved for years. Modern technology has given the criminal justice system as well as our society a bonded connection by producing technology that keeps our neighborhoods safe from murders, rapist, thieves etc. Not only has technology given our society security as assurance of safety it also seems like nowadays it has opened up a better level of communication between communities and law enforcement. This does not mean that technology and the police are 100% better than they were before technology it simply means that there are better ways to approach any and every situation to make sure our citizens are treated fairly as well as our law enforcement. To name a few we can start from our past when officers only had radios, walkie-talkies, night sticks, walked the beat etc. up to now where there are cameras...
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...Self Assessment Self Assessment: Search and Seizure Introduction Question 1 The rules of criminal procedure are derived primarily from: Question 1 options: a) the Fourth Amendment b) the Constitution c) the Fourteenth Amendment d) the Bill of Rights Question 2 Core due process rights include: Question 2 options: a) right to jury trial b) exclusion of unlawfully obtained evidence c) state must prove guilt beyond a reasonable doubt d) all of the above Question 3 The Fourth Amendment concerns: Question 3 options: a) confessions b) right to jury trial c) search and seizure d) due process Question 4 The Fifth Amendment concerns: Question 4 options: a) self-incrimination b) search and seizure c) photographic evidence d) cruel and unusual punishment Question 5 A defendant's right to counsel is derived from: Question 5 options: a) the Fourth Amendment b) the Fifth Amendment c) the Sixth Amendment d) the Fourteenth Amendment Applicability of the Fourth Amendment Question 6 A mother finds cocaine in her child's bedroom and calls the police. The evidence will not be suppressed because: Question 6 options: a) the child does not have standing b) there is no state action c) mothers are supposed to snoop d) it is considered abandoned Question...
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...INTRODUCTION: This case involves the suspect being arrested for PC 148(a)(1)-Resisting/Delaying a Peace Officer and four outstanding arrest warrants. LOCATION DESCRIPTION: This incident occurred in the Fillmore Metro Station seating area near the south parking structure at Raymond Avenue. EVIDENCE: • Photos of Suspect Rachel Isabel Stokes, which were taken by Corporal Adesina #0048. INJURIES: Suspect Stokes: • Complaint of pain to the right rear shoulder. INVESTIGATION: On 03-16-18 at approximately 1308 hours, I conducted extra service in the Fillmore Metro Station seating area along Raymond Avenue. The Pasadena Police Department has received several calls for service regarding subjects seen loitering and drinking alcoholic beverages...
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... It is not enough simply to avoid being found guilty of a crime. Instead, as an employee of the NFL or a member club, you are held to a higher standard and are expected to behave in a way that is responsible, promotes the values upon kotoryhosnovana League, and is legal. Individuals who are unable to meet this standard of conduct are guilty of conduct detrimental and subject to discipline, even where the conduct itself does not result in conviction of a crime. Discipline may be imposed in any of the following cases: Criminal offenses including, but not limited to, those involving: The use or threat of violence; domestic violence and other forms of partner abuse; theft and other property crimes; sex offenses; obstruction or resisting arrest; disorderly conduct; fraud; racketeering; and money laundering; Criminal offenses relating to steroids and prohibited substances, or...
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