Part I crime hsc course- 2. The criminal investigation process |
Questions and Answers
what is the criminal justice system process? - ANSW- Crime is reported -> crime is investigated -> trial is
held -> sentence is determined and punishment completed
what is the investigation process? - ANSW- Crime is reported (police discretion to investigate) -> police
gather evidence -> arrests are made (there are suspects not offenders because of presumption of
innocence) -> questioning takes place -> charges are laid (still have the presumption of innocence) -> bail
hearing -> bail hearing
what does police form? - ANSW- - Police form part of the executive arm of government and separate
from legislature
o Laws, courts are the enforceable legal decisions and judgements
o Responsible for the prevention and detection of crime and maintenance of public order
o Ensures criminal laws are observed
what is the police's role in the criminal investigation process? - ANSW- - to investigate crimes, make
arrests if necessary, interrogate suspects and gather evidence against accused
o then presents evidence for judgement to a court on behalf of the state, directly or through a
prosecutor
what is the challenge for communities? - ANSW- - challenge for communities is to balance the extent of
powers required by police to carry out their role against the rights of ordinary citizens
what is arrest? - ANSW- to seize a person by legal authority and take them into custody
who investigates crimes in NSW? - ANSW- - in NSW, crimes will be investigated by NSW Police Force
(state) or the Australia Federal Police (AFP) (Commonwealth)
o depending if offence is a state or Commonwealth offence
,where are police powers outlined? - ANSW- - Police powers outlined in the Law Enforcement (Powers
and Responsibilities) Act 2002 (NSW) -> aims to balance extent of powers required by the police against
the rights of ordinary citizens to privacy safety
o S19A: power for police to remove face coverings
o S99: power to arrest without warrant
o S148: general drug detection with dogs
what are the main police powers? - ANSW- o Arrest and interrogate
o Search property and seize evidence (search and seizure)
o Use reasonable force if necessary to carry out their duties
o Use particular technologies to assist an investigation
§ Eg phone taps, surveillance, DNA samples
o Recommend whether bail should be granted
what do police powers conflict with the rights of individuals or be misused? - ANSW- o Eg. searching an
individual's property against their wishes
o Hence, sometimes need warrant from a court to use a particular power
§ Put in place to ensure special powers are done in accordance with the law and not abused
what sets out the values police officers are expected to uphold? - ANSW- Standards of Profession
Conduct
what allows the police to apply for court orders to restrict activity? - ANSW- - The Crimes (Serious Crime
Prevention Orders) Act 2016 (NSW) allows the police to apply for court orders that restrict the activity of
a suspect based on allegations
o Can be used as post-conviction control
- They are determined on the balance of probabilities
o Applied without any evidence that suspect committed a crime and wide range of circumstances
what is a case that shows how pop culture changes legal view? - ANSW- Police v Butler (2003)
, - F word 'offensive language' under the law of the NSW Law Reform Commission (2012)
- Australian Law Reform Commission (2018) said we should get rid of the law together
- How pop culture is changing legal views on swearing (SMH 2017)
why are people reluctant to report crimes? - ANSW- o Shame and embarrassment
o Fear and trauma
o Protect a friend
o Hassle of reporting and going to court
o Bystander effect
§ Think someone else will report it instead
o Believe it's a trivial matter or the matter resolved itself
§ 20% didn't report because not serious enough
§ 10% didn't report because police can't do anything
o Think they are mistaken
what is an initiative to report crime? - ANSW- - Crime stoppers has been a successful initiative because
it is anonymous
o Helps make a safer society, encourages collaboration between police and community
o Gives reward up to $1000 if the information leads to an arrest
what offences are common or less common to report? - ANSW- - Economic offences are more
commonly reported and sexual assault and domestic violence are less reported
o No stigma or risk reporting economic offences
§ People want their property back
o Shame, embarrassment, trauma associated with domestic violence
Under what act is it a crime to not report - ANSW- - Under Crimes Act 1900 (NSW), it's a crime to not
report a serious indictable offence
o For offences with a maximum imprisonment of 5 years or more
o Failure to report without reasonable excuse can result in 2 years imprisonment
Questions and Answers
what is the criminal justice system process? - ANSW- Crime is reported -> crime is investigated -> trial is
held -> sentence is determined and punishment completed
what is the investigation process? - ANSW- Crime is reported (police discretion to investigate) -> police
gather evidence -> arrests are made (there are suspects not offenders because of presumption of
innocence) -> questioning takes place -> charges are laid (still have the presumption of innocence) -> bail
hearing -> bail hearing
what does police form? - ANSW- - Police form part of the executive arm of government and separate
from legislature
o Laws, courts are the enforceable legal decisions and judgements
o Responsible for the prevention and detection of crime and maintenance of public order
o Ensures criminal laws are observed
what is the police's role in the criminal investigation process? - ANSW- - to investigate crimes, make
arrests if necessary, interrogate suspects and gather evidence against accused
o then presents evidence for judgement to a court on behalf of the state, directly or through a
prosecutor
what is the challenge for communities? - ANSW- - challenge for communities is to balance the extent of
powers required by police to carry out their role against the rights of ordinary citizens
what is arrest? - ANSW- to seize a person by legal authority and take them into custody
who investigates crimes in NSW? - ANSW- - in NSW, crimes will be investigated by NSW Police Force
(state) or the Australia Federal Police (AFP) (Commonwealth)
o depending if offence is a state or Commonwealth offence
,where are police powers outlined? - ANSW- - Police powers outlined in the Law Enforcement (Powers
and Responsibilities) Act 2002 (NSW) -> aims to balance extent of powers required by the police against
the rights of ordinary citizens to privacy safety
o S19A: power for police to remove face coverings
o S99: power to arrest without warrant
o S148: general drug detection with dogs
what are the main police powers? - ANSW- o Arrest and interrogate
o Search property and seize evidence (search and seizure)
o Use reasonable force if necessary to carry out their duties
o Use particular technologies to assist an investigation
§ Eg phone taps, surveillance, DNA samples
o Recommend whether bail should be granted
what do police powers conflict with the rights of individuals or be misused? - ANSW- o Eg. searching an
individual's property against their wishes
o Hence, sometimes need warrant from a court to use a particular power
§ Put in place to ensure special powers are done in accordance with the law and not abused
what sets out the values police officers are expected to uphold? - ANSW- Standards of Profession
Conduct
what allows the police to apply for court orders to restrict activity? - ANSW- - The Crimes (Serious Crime
Prevention Orders) Act 2016 (NSW) allows the police to apply for court orders that restrict the activity of
a suspect based on allegations
o Can be used as post-conviction control
- They are determined on the balance of probabilities
o Applied without any evidence that suspect committed a crime and wide range of circumstances
what is a case that shows how pop culture changes legal view? - ANSW- Police v Butler (2003)
, - F word 'offensive language' under the law of the NSW Law Reform Commission (2012)
- Australian Law Reform Commission (2018) said we should get rid of the law together
- How pop culture is changing legal views on swearing (SMH 2017)
why are people reluctant to report crimes? - ANSW- o Shame and embarrassment
o Fear and trauma
o Protect a friend
o Hassle of reporting and going to court
o Bystander effect
§ Think someone else will report it instead
o Believe it's a trivial matter or the matter resolved itself
§ 20% didn't report because not serious enough
§ 10% didn't report because police can't do anything
o Think they are mistaken
what is an initiative to report crime? - ANSW- - Crime stoppers has been a successful initiative because
it is anonymous
o Helps make a safer society, encourages collaboration between police and community
o Gives reward up to $1000 if the information leads to an arrest
what offences are common or less common to report? - ANSW- - Economic offences are more
commonly reported and sexual assault and domestic violence are less reported
o No stigma or risk reporting economic offences
§ People want their property back
o Shame, embarrassment, trauma associated with domestic violence
Under what act is it a crime to not report - ANSW- - Under Crimes Act 1900 (NSW), it's a crime to not
report a serious indictable offence
o For offences with a maximum imprisonment of 5 years or more
o Failure to report without reasonable excuse can result in 2 years imprisonment
