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10/21/2022
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Personnel AC 1.1: Evaluate the effectiveness of the roles of personnel involved in criminal investigations Police officers Crime scene investigators Forensic scientists Forensic pathologists The Crown Prosecution Service Usually the first to be called to a crime scene, have the vital role of starting an investigation. They should arrest the suspect if possible, though in many cases, they'd have left the scene. The 'golden' hour- name given to period of time immediately after a crime is committed, officers must act quickly to preserve the scene. Also important to take initial statements events are still fresh in their minds. Role Usually first on the crime scene, they secure it for the investigation. Police detectives lead the investigation into the crime. Gather and preserve evidence for use in investigations. Examine, analyse, and interpret crime scene evidence by using their specialist knowledge and skills. Specialise in establishing the causes of suspicious deaths. Makes the decision about whether to charge and prosecute a suspect. Police Officers Limitations Officers safeguard the public, and attend to those seriously injured on scene, eg- by calling an emergency ambulance. The police officer's key job is to secure to crime scene so evidence is protected and conserved. As far as possible, avoid contaminating the crime scene doors, etc. Police Detectives- officers who manage a range of criminal investigations, particularly involving complex/serious crimes. They work in specialist departments like the CID (criminal investigations department), fraud,drugs and firearms squads, child protections department and Special Branch. Other...
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police specialist units-traffic and mounted police, air support and underwater search teams, and dog handler units. Police have been criticised for failing to secure crime scenes and preserve evidence. They've been criticised more generally for failure to investigate certain crimes, like domestic abuse, or hate crimes like racist attacks. Failures can be due to incompetence when handling evidence, or discriminatory attitudes of individual officers. Failures can also be due to system-level failings such as the institutional racism in the Metropolitan Police.Case example- This was identified in the Macpherson Report into the Met's investigation of Stephen Lawrence's murder. The report also criticised the force for its scene of crime procedures, and failure to give Stephen first aid on scene. Police strengths can include: problem-solving, assertiveness, thinking on feet, communication, negotiation, calm in dangerous situations Crime Scene Investigators- ● Crime scene investigators (CSIS), are also known as Scenes of crime officers (SOCOS) by some police forces. CSIS are usually civilians instead of police officers. • They undergo specialist training and may have a science degree. Largest forces employ many CSIS, who provide a 24/7 on-call service. CSI's role- ● To collect and process evidence from crime scenes, including evidence from post mortems and accidents. • A key responsibility is to preserve uncontaminated evidence- as contaminated evidence will be inadmissible in court. Take charge of crime scene, liaise with police to find out what evidence is required from the scene and decide how best to obtain it. Recovering physical or biological evidence from crime Main activities of CSIs scenes, like fingerprints, gunshot residue, clothing fibres, hairs, bodily fluids, and DNA. Advising police investigators on physical evidence, photography, and samples for laboratory analysis. Strengths CSIS may gather evidence that conclusively links suspects to crime scenes/victims Photographing crime scenes, items and people, such as tyre marks, shoe prints, weapons, injuries, victims and suspects. Evidence can also conclusively prove that a suspect is innocent, For example-- fingerprints don't match the ones CSIs find at the scene Limitations Packing, storing, and documenting the material recovered from scenes. Attending post mortem examinations for suspicious deaths. Giving evidence in court. Work requires specialist skills, For example- forensic photography, as well as patience, meticulous care and attention to detail. If collecting and recording evidence isn't done correctly, or allowing it to get contaminated, can lead to a guilty person going free, or an innocent one being convicted. Forensic samples CSIS handle may put their health or safety at risk, which includes blood or bodily fluids, hazardous chemicals, explosives and incendiary devices, firearms and ammunition, knives and hypodermic syringes. Work can be stressful or emotionally demanding, which can lead to burn-out and people leaving the profession. This results in staff shortages. Forensic science- involves applying scientific knowledge to crime and the legal system Forensic Scientists and Specialists Forensic scientist usually specialise in certain areas, eg- DNA analysis. Other specialisms- analysis of fires (in arson investigations), toxicology (poison and drugs), computing, psychology and forensic anthropology, which may involve analysis of human remains. found in mass graves, eg- as a result of war crimes. Strengths Special expertise of the forensic scientists means they can identify and interpret evidence- that can prove if a suspect is guilty or innocent. Their expertise can be essential in complex cases where a criminal also has specialist knowledge and/or skills. Pathologists- medical doctors who specialise in studying the causes of disease and death, this includes examining dead bodies and body tissues in post mortem examinations (autopsies). At the autopsy, the pathologist first makes a detailed external examination of the body for signs of foul play. Forensic scientists use their scientific knowledge and expertise to analyse and interpret evidence recovered from a crime scene. Example- they may analyse samples of blood or other bodily fluids to extract DNA from and compare with a 'control sample' (which is taken from a suspect), and see if they match. Then, they make a report of findings/interpretations for the court. Limitations Forensic scientists are highly qualified, meaning their services are expensive. Contamination of evidence can happen when it's being examined by scientists. Case example- Adam Scott, who spent 5 months in remand in 2011-12 charged with rape. His DNA sample from police because of a spitting incident in Exeter was mixed up with genetic material taken from a rape vicitm in Manchester. Forensic experts may disagree. Example-experts called by defence may contradict those called by the prosecution. As the court lacks specialist knowledge, they may be unable to evaluate which side is right. A miscarriage of justice may happen because an expert deliberately or accidentally misleads the court. Case example- at the trial of Sally Clark in 1999 for the murder of her 2 baby sons, and expert witness told the jury that the chances of the killing being accidental was 1 in 73 million, whereas experts now believe could be as low as 1 in 100. Sally Clark was convicted, and only freed on appeal after 3 years in jail. If a homicide is suspected, Home Office -registered forensic pathologists provide a 24/7 service to assist the police and coroner in establishing the probable cause of death. Pathologists They may also examine internal organs and take tissue samples for laboratory analysis. They also advise police on how to recover the body from the crime scene, to avoid losing vital trace evidence. Before the body is released for burial/cremation, a 'defence' post mortem may be carried out on behalf of the defendant in the case ,conducted by a different pathologist. Once all the test results are collected, the pathologist produces a report for the coroner and a witness statement for the police. They may also be asked to advise the police and prosecutors throughout the investigation and giving evidence in court. Strengths Pathologists can bring conclusive scientific evidence to the investigation, as to time and cause of death. This may help make decisions on establishing the guilt or innocence of a suspect. Advises police on cases for possible prosecution and reviews cases that they submit to decide whether to prosecute or not. Crown Prosecution Service: CPS is an independent prosecution service that operates in 14 regional offices across England and Wales. In serious cases (rape, murder) It's the CPS that decides whether the police will charge the suspect. Where the decision is made to prosecute, CPS will decide what the charge will be. They use a panel of over 2000 solicitors and barristers, as well as other staff that handle around 12 million criminal cases a year. Limitations There's only 35 Home-Office registered forensic pathologists in England and Wales, this is partly because it's a specialised role that has up to 7 years of further training, after qualifying as a doctor first. Investigations can be delayed by the shortage of suitably qualified pathologists. It presents the prosecution case in court, using its own Crown Prosecutors, as well as self-employed barristers for more complicated cases. Pathologists are highly trained specialists, so they are paid accordingly. This means forensic pathology services can be an expensive part of a criminal investigation. Strengths Before CPS was set up in 1996, it was the police's responsibility to investigate, charge and prosecute cases. Combining these roles led to the risk of bias. As the CPS independently assesses evidence and decides whether to prosecute, they stop the police from using the prosecution system to victimise particular individuals. Work demands: close attention to detail, sound judgement. Mistakes can cause miscarriages of justice, like an innocent person serving a life sentence for murder. Case example- Sally Clark was wrongly jailed for the murder of her 2 sons, which was partly the result of the Home Office Pathologist Alan Williams failing to disclose information to her defence lawyers. This meant the defence was unaware that Williams found lethal levels of bacteria that could've caused the deaths. Having a national organisation responsible for prosecutions means justice is more equal- ie: there is more consistency between different parts of the country in deciding whether to prosecute cases. CPS functions in criminal cases Makes decisions about prosecuting cases- by applying tests to see if there's sufficient evidence for a realistic prospect of conviction, and decide whether prosecution would be in the public interest. Prepares cases for court hearings, collecting evidence from police and disclosing material the Defence. It has specialist divisions dealing with prosecutions that require specialist knowledge, such as serious organised crime, terrorism and complex fraud (white collar crimes). Limitations CPS has the power to reject a police request to prosecute someone- e.g: because the evidence police has gathered is inadequate. This can result in a difficult relationship at times. However, it means prosecutions are less likely to fail because of inadequate investigation by the police.w2q CPS has sometimes made serious errors, like not reviewing evidence before prosecuting. This has resulted in prosecutions failing. Case example- murder of Damilola Taylor, where the case collapsed after the evidence of a key witness was dismissed, as she lied. The CPS failed to check her account prior to the trial, if they had she wouldn't have even got to court. Funding and staffing cuts in recent years have led to a growing burden of cases Other investigative agencies: Even though most crime is investigated by local police forces, other agencies are also involved, especially when the crime is major, complex, or specialised. These agencies include the following: The National Crime Agency: The NCA was formerly known as the Serious and Organised Crime Agency (Soca0. They have teams dealing with areas like organised crime, smuggling and people trafficking, economic crime, child exploitation and online protection, and cybercrime ● HM Revenue and Customs: This agency investigates and prosecutes tax evasion and other tax frauds. Specialist police forces: ● This could include forces like the British Transport Police, the Civil Nuclear Constabulary and the Border Force. • They are responsible for policing specific locations such as the railways, nuclear power plants and ports of entry to the UK. Controlled Assessment: Give clear/detailed evaluation of the effectiveness of the roles of the personnel involved in criminal investigations (all above) I need- understanding of the roles, and should consider their effectiveness in terms of cost, availability, and expertise Refer to brief if/where relevant