Justice And The Criminal Investigation Process

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The criminal investigation process is able to achieve justice to a great to a great extent. They are effective in achieving justice, as they are able to balance the rights of the victim, offenders and society and also provide fair and just outcomes. For these reasons, the criminal investigation process is largely able to achieve justice. The success of the criminal investigation process in achieving justice can be seen through its efforts to balance the rights of the victim, offender and the community, this is evident in the areas of police powers and discretion. Police powers constitute police officers to exercise special powers such as search and seizure and the use of reasonable force. These powers are outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), and these powers enable police officers to perform their duties. Although these powers are largely effective in achieving justice for society, they do have their limitations, as some of the powers are often referred to as intrusions of human rights, in particular the power to search property and seize evidence. The issue is highlighted in the case of Darby v DPP 2004, as Darby was found with illicit drugs by a police sniffer dog. Darby claimed that the dog was not capable of making a search on reasonable grounds and the courts agreed with him on this matter. Despite the fact that the discretion of the police officers at the time were proved to be unreasonable, there is a procedure that is to be followed, outlined in Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), which seek to safeguard the rights of ordinary citizens during the investigation process by police. It is clear that in this instance, the criminal investigation process has been... ... middle of paper ... ...ail is a great example in the criminal trial process achieving justice, as the concept of bail seeks to grant certain alleged criminals freedoms on particular conditions. This is able to balance the rights of the alleged offender as reinforces a key element of our legal system, the presumption of innocence. To a large extent, the criminal investigation process has been able to achieve justice in this area through the protection of rights of the accused, victim and society and also the role of police discretion. Ultimately, the criminal trial process to all intents and purposes, has been able to effectively achieve justice, however there are some limitations, which hinder its success. For the most part, the criminal trial process has been able to achieve justice as it has balance the rights of the offender, victim and the community to produce fair and just outcomes.

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