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Assess The Effectiveness Of The Criminal Investigation Process As A Means Of Achieving Justice Legal Studies Essay

947 words - 4 pages

Assess the effectiveness of the criminal investigation process as a means of achieving justice
The criminal investigation attempts to achieve justice through investigative and arrest procedures, but these may not always be effective in achieving justice due to an abuse of police powers, issues mitigating the reporting of crime, and issues surrounding the bail and remand of accused individuals. These issues hinder the achievement of rights of the victim and the community.
Abuse of Police Powers P1
The effectiveness of the criminal investigation process in achieving justice is often undermined by the abuse of police powers, whilst in some instance they are effective in obstructing injustice from prevailing they’re widely critised for their abuse.
· Legislative measures outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 NSW has outlined the limitations of police power and works to prevent the indecent and abuse of police powers, however the issue is still prevalent in law enforcement
· In R v McClean (2008) the abuse of police powers is witnessed as police officers were seen to taser the accused 14 times which highlights how the abuse of police powers leads to
· The Corruption and Crime Commission (CCC) report found the officer involved acted unlawfully and committed serious misconduct in his actions, which culminated in the man — who was given an assumed name of "Bill Holt" — being confined in a cell for several hours after being tasered.
· Despite ‘Bill Holt’ showing compliance he was tasered by the police officer thus highlighting the arbitrary abuse of police powers upon individuals
· http://www.abc.net.au/news/2013-12-13/police-to-face-assault-charges-over-brazillian-student-death/5154398
· Four NSW police officers will face assault charges over the death of young Brazilian student Roberto Laudiso Curti
· The 21-year-old man died within minutes of being tasered up to 14 times
· This highlights a breach of police powers
· However after facing trial, a magistrate only found one of the officers guilty, Senior Constable Damien Ralph and his assault charge related to the use of capsicum spray, not a taser.
· An estimated of 1.2 million in legal fees was used to represent the four officers at the coronial inquest, which highlights the inadequacies and waste of resources within the criminal investigation process.
· A proposed Law Enforcement Commission has been proposed which will have dual functions of both detecting and investigating serious misconduct and corruption
· During the criminal investigation process, police may deem it necessary to arrest suspects for the protection of victims and society, but the rights of suspects are still considered in a significantly balanced manner in most cases.
· In NSW Police v Hick, the suspect assaulted the police officers and fled from the scene thus limiting the effectiveness of criminal investigation process.
· However reforms were introduced to the Law Enforcement (Powers and...

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