Implementation of police powers entails a precarious balancing act that poses a risk to the freedom and liberty of individuals in society but is permitted on the basis that it offers a means by which crime can be prevented and thus the safety and protection of those same individuals can be optimised. One of the fundamental problems of the criminal justice system is that it is reliant on human action and discretion and, as such, is difficult to enforce in a consistent and fair manner. The act was based on the recommendations of a report produced by the Royal Commission on Criminal Procedure and was a response to concerns raised by the public through organisations such as the Scrap Sus Campaign and through the Confait report of Sir Henry Fisher. PACE was implemented with the intention of providing a clear, unambiguous set of rules for the execution of police powers which allowed the police force some of the increased powers for which they had previously lobbied, such as stop and search authorities, but simultaneously protected the human rights of any suspects. This paper examines the provisions of the Police and Criminal Evidence Act and considers the extent to which their intentions have been successful in ensuring that investigation and interrogation procedures are conducted in a in a fair and reliable manner. Each of the 8 Codes of Practice that accompany PACE will be assessed and their ability to implement a legal process that is grounded in a judicial as opposed to a disciplinary sphere analysed.
Essay | Law Essays - Admissible Criminal Evidence | Essay Company
This assignment considers the law respecting the competence and compellability of spouses in criminal proceedings and whether subsequent reform regarding the compellabilty of the spouse is justified. Weber refuted cal's rationalisation. The suitability of the law relating to evidence by spouses in criminal proceedings has been subject to much debate. There have been concerns raised as to whether the rules of spousal compellability are in accordance with the values of a modern society, and whether Parliament has struck the right balance between public policy interests and the preservation of the marriage. In order to get a clear perspective of the issue it is necessary to look at the, previous situation regarding spousal competence and compellability, in order to review the reforms that we have today.
Criminal Evidence Essay
In both civil and criminal cases evidence is used in order to prove a particular fact about a case. Evidence can either be direct or circumstantial. Direct evidence establishes a particular fact without the need to make an inference where circumstantial evidence an inference is needed to be made in order to connect the evidence to a particular fact of the case. Definition Circumstantial evidence is defined as evidence which may allow a judge or jury to deduce a certain fact from other facts in which. DNA can be used to identify criminals with incredible accuracy when biological evidence exists.
In the United States, testimonial privilege is ruled by the state laws and thus differs from one State to another Baum, Theses privileges are:. Walkowiak argues because of courts recognition of client a privilege, a lawyer cannot be called to bear witness in trial unless he becomes a party in the judicial proceeding as this privilege serve as basis for important and confidential communication between attorney and the client. This privilege ensures that privacy of financial and other confidential information exchanged between a client and his accountant is protected thus used in critical financial sectors.