Hi Guys!
I am not a very good essay writer, usually only getting about 13/20, however, I have been practising with essay writing and was wondering if someone would mark it and give me some feedback.
Thanks for reading it. Its not very long... don't know what to write about....*some feedback please*...very appreciated!
Assess (Make a judgement of value, quality, outcomes, results or size) the effectiveness of the criminal investigation process as a means of achieving justice.
Word Limit: 600 Words
Whilst the criminal investigation process is a moderately effective form of achieving justice, there are certain limitations. The criminal investigation process involves the discretion of police powers, the interrogation, search and seize of property, through the use of warranty and other legal measures. The criminal investigation process also entails the rights of suspects, such as bail and remand.
It can be argued that the criminal investigation process is effective in achieving justice, as it protects the rights of suspects. For example, in the case of Darby v Department of Public Prosecutions (2004), Darby was fully acquitted of the possession of drugs after it was found that the sniffer dog has committed an illegal search, through coming in contact with Darby's genitals. Thus, under the Evidence Act 1995 (NSW), it was ruled that the evidence was unlawfully obtained and hence, is inadmissible in court. Through the defence of individuals' rights during an investigation it can be deemed that the Criminal Investigation Process is effective in achieving justice for suspects.
In addition, the criminal investigation process is proven to be effective in achieving justice, as it meets societal requirements. For example, through state parliament's enactment of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), police have specific powers that enable them to protect the society. Under this legislation, police have the powers to detain, question, search and seize evidence, and also under the use of reasonable force, make arrests of potential suspects. Similarly, the Bail Amendment Act (2007), is effective in the criminal investigation process, as it limits ones chance/power to grant bail. According to the retired magistrate, Paul Johnson, this ensures greater proof is required for bail applicants and hence, protects and achieves justice for society, by ensuring the presumption against bail is certain. Ultimately, this again renders the criminal investigation process as an effective mean of achieving justice.
In spite of the effectiveness of the criminal investigation process in achieving justice there are, however, limitations to the balancing of rights for suspects and meeting societal needs. For instance, in the newspaper article, "Trish's Law" (DT, 2003), the offender, "gunned down Ms van Koeverden" after he was granted bail by the Supreme Court. Following this wrongful admission of bail, however, Premier Bob Carr, commited the Government to bail law changes to be introduced. Hence, proving that the criminal investigation process of bail has limitations and is somewhat effective in achieving justice.
Overall, the criminal investigation process is somewhat effective in achieving justice. In regards to protecting the rights of suspects, in order to be effective in the future, as written in Trish's Law (DT, 2003), there has to be "exceptional circumstances, the offender has to satisfy the court that there is compelling reasons for being released on bail". Hence, through law reform the criminal investigation process can become much more effective.
I am not a very good essay writer, usually only getting about 13/20, however, I have been practising with essay writing and was wondering if someone would mark it and give me some feedback.
Thanks for reading it. Its not very long... don't know what to write about....*some feedback please*...very appreciated!
Assess (Make a judgement of value, quality, outcomes, results or size) the effectiveness of the criminal investigation process as a means of achieving justice.
Word Limit: 600 Words
Whilst the criminal investigation process is a moderately effective form of achieving justice, there are certain limitations. The criminal investigation process involves the discretion of police powers, the interrogation, search and seize of property, through the use of warranty and other legal measures. The criminal investigation process also entails the rights of suspects, such as bail and remand.
It can be argued that the criminal investigation process is effective in achieving justice, as it protects the rights of suspects. For example, in the case of Darby v Department of Public Prosecutions (2004), Darby was fully acquitted of the possession of drugs after it was found that the sniffer dog has committed an illegal search, through coming in contact with Darby's genitals. Thus, under the Evidence Act 1995 (NSW), it was ruled that the evidence was unlawfully obtained and hence, is inadmissible in court. Through the defence of individuals' rights during an investigation it can be deemed that the Criminal Investigation Process is effective in achieving justice for suspects.
In addition, the criminal investigation process is proven to be effective in achieving justice, as it meets societal requirements. For example, through state parliament's enactment of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), police have specific powers that enable them to protect the society. Under this legislation, police have the powers to detain, question, search and seize evidence, and also under the use of reasonable force, make arrests of potential suspects. Similarly, the Bail Amendment Act (2007), is effective in the criminal investigation process, as it limits ones chance/power to grant bail. According to the retired magistrate, Paul Johnson, this ensures greater proof is required for bail applicants and hence, protects and achieves justice for society, by ensuring the presumption against bail is certain. Ultimately, this again renders the criminal investigation process as an effective mean of achieving justice.
In spite of the effectiveness of the criminal investigation process in achieving justice there are, however, limitations to the balancing of rights for suspects and meeting societal needs. For instance, in the newspaper article, "Trish's Law" (DT, 2003), the offender, "gunned down Ms van Koeverden" after he was granted bail by the Supreme Court. Following this wrongful admission of bail, however, Premier Bob Carr, commited the Government to bail law changes to be introduced. Hence, proving that the criminal investigation process of bail has limitations and is somewhat effective in achieving justice.
Overall, the criminal investigation process is somewhat effective in achieving justice. In regards to protecting the rights of suspects, in order to be effective in the future, as written in Trish's Law (DT, 2003), there has to be "exceptional circumstances, the offender has to satisfy the court that there is compelling reasons for being released on bail". Hence, through law reform the criminal investigation process can become much more effective.
