If you were a suspect being questioned in a police station, which of
your rights would you exercise and which would you waive? Which of
your rights would you regard as the most important? Why?
For many suspects the process of questioning in a police station is
very stressful with 60%[1] confessing or making damaging admissions.
The ability to take advantage of the right to silence and right to see
a solicitor in theory should help to alleviate some of this stress and
consequently prevent false confessions which may constitute towards
the 60% of confessions. However, in practise the evidence appears to
show otherwise. The right to see a solicitor has been practised more
adequately recently with more people actually getting advice from a
lawyer rather than a clerk. The right to silence has been adopted in
a harsh manner, failing to protect innocent suspect. This bring me
onto the second question of which right I would use if I was a
suspect. This depends on whether I am a guilty or innocent of the
charges in question. Furthermore, if I was guilty I would be more
inclined to use the right to silence whereas if I was innocent I would
be less inclined to use it since the courts are able to infer guilt
from silence. Although the right to a solicitor has proven to be
ineffective by various researchers I would be more likely to adopt
this right since it can help to alleviate any stress incurred as well
as preventing a false confession.
The right to silence has been used through the Police and Criminal
Evidence act 1984. Theoretically this right should help to protect
nervous suspects from any groundless questions which police off...
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...owing legal advice
[3] Sanders, A & Young, R., Criminal justice, 2nd ed, Butterworths, 2000, p. 251
[4] A Sanders and L Bridges “Access to legal advice and police Malpractise” [1990] Crim lr 494, Choongh (1997) ch6
[5] Sanders, A & Young, R., Criminal justice, 2nd ed, Butterworths,
2000, p. 259
[6] Bawdwin, J., Legal advice in the police station (1992) 142. 6581,
N.L.J., 1762
[7] K Bottomley et al., Safeguarding the rights of suspects in police
custody,1990 p. 115-40
[8] Hain, P., Mistaken Identity: the wrong face of the law, Quartet
Books, London, 1976. Peter Hain described his experiences of being
questioned when he was arrested due to mistaken identity. He said how
he felt scared and desperately alone and at points felt that he was
even guilty.
[9] Condron v UK [2000] Crim LR 679
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The two models of crime that have been opposing each other for years are the due process model and the crime control model. The due process model is the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. ( Answers.Com) Any person that is charged with a crime is required to have their rights protected by the criminal justice system under the due process model. The crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding, treats arrestees as if they are already found guilty. (Crime control model) This paper will compare and contrast the role that the due process and crime control models have on shaping criminal procedure policy.
Discuss the differences between the terms interview and interrogation. Interviewing is talking to people, who are not suspects in a crime but who knows something and knows who is involved in the crime. Also getting their information, and asking questions to them, and knowing when to translate or interpret. The main people involved when getting information at a crime scene is the witnesses, criminal and the accuser (Orthman, Hess, 2013). Interrogation questioning of the suspects, once the suspect is known of their identity and where they reside the person who is the participant of the crime could make a statement, confession, refusal, corroborated with self-supporting documentation that could yield a guilty allegation or it could gather a determining guilt (Orthman, Hess, 2013).
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Releasing information about police officers is an important discussion between law enforcement and the media. Over the years, is been argued whether police should have the right of privacy, or their personnel information made public. This information can contain officer’s identity and private files. Should the officers’ information be release? In what situations should law enforcement have a right to privacy? Several articles in the document “Police Officers’ Right to Privacy” exemplify the court rulings and legislative actions regarding the matters of officers’ information being release.
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Gun control has become one of the hottest themes in America. Although many people in the United States believe that stricter gun laws will reduce crime rates, gun control will benefit no one except the authorities and criminals, because gun ownership protects law abiding citizens from criminals, government is slowly taking away our rights, and criminals will always find ways to acquire guns.
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