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Laws and International Laws

A judicious Investigation Case Study

Investigative Strategy

Introduction

A judicious investigation is crucial in servicing the justice. An investigating officer has the responsibility of ensuring that enough evidence are gathered and presented before the court of law for persecution (Merck, 2013). A thorough investigation and a subsequent persecution of criminal will not only bring order to the society but also service justice. Some of the materials that can be used to obtain evidence include CCTV, fingerprints, footprints, blood, firearms, cartridges, as well as other forensic evidence. The crime scene should be cordoned off to prevent interfering with evidence. Media and witnesses are also crucial in the provision of evidence.

Background of Investigation

Mason was killed in a savage attack. However, no one has been charged with the murder. The forensic evidence, as well as crime scene materials, have been prepared. The police argue that they have substantial information that is adequate in bring the investigation to a conclusion. The investigating officers claim that there is new forensic evidence that can aid the investigation (Brookman, 2017). This paper seeks to formulate an investigative strategy to bring the investigation to the conclusion. Jim Mason was the police informer and a member of leave, (paramilitary group). He informed the police of his murder that he is un save and the group suspects him. After that, he found died by a shoot on his head and holding a gun in his hand. The media and newspaper argue that the police didn’t deal well with him and his family before he died.

Crime scene

A crime scene is the place at that investigations begins at. It where the crime happened. It usually has various evidence such as the piece of cloth, blood stain, magazines, the ground itself, among others. This evidence can be subjected to forensic assessments to get to know what exactly happened (Daniel, 2015). I will secure the crime scene by fits cordoning it off. This means that the place is out of binding for the public. I will ensure that the place is secured and under watch until the investigations will be completed. While at the crime scene as the investigative officer, I will look at every material that may give an evidence.

Forensics

The materials that can be used for forensic analysis include DNA, fibers, blood, fingerprints, footprints, Firearms and Ballistics. First, DNA can be analyzed in the laboratory to know the truth about the crime. If the victim and the criminal happened to have left blood stains or anything they touched, then that can be assessed through forensic aids in a laboratory (Merck, 2013). Again if one happened to have touched something, or stepped on something, then their finder prints or footprints could be taken and analyzed in a laboratory. On firearms and ballistics, an investigator will look at the fingerprints in the firearms, or in the ballistics. Then the will be subjected to forensic analyses (Fish, Miller, Braswell & Wallace, 2013). The cartridges will be analyzed and the criminal who sued the fire am may be pursed. The outcome of the outcome of chosen evidence will aid crime investigation and seek to serve justice. This evidence should be reordered and kept safely for future references if need be. The final forensic report will be presented to the court of law to convict a criminal.

CCTV

Today, technology has made it easy to conduct an investigation by following CCTV footage. It provides video evidence, while indicating who did the crime, the place he did it and the time the crime was committed (Merck, 2013). It can be monitored. The investigative officer can sue CCTV footage to pursue a criminal and launch an evidential investigation. The video from the CCTV should be safely kept for future references if need be.

Witnesses (in the scene/ house to house enquires).

Witnesses provide an account of what happened, where and how it happened. These people are believed to have seen their crime or event happening (Horswell, 2016). They can testify before the court or officer that they did actually witness the event happening. They can be asked to be at the scene and explain what happened and how. Or the officer may launch house to house inquiries to conducts an investigation. Witnesses should be protected.

Media

Media are also part of the investigation. Media are essential in providing evidence at the scene. They capture the video and follow the event as it happened. The police should work closely with the media to enhance their investigation. Through the media have been accused of rivaling the information to some of the victims or their family about has occurred (Horswell, 2016). Thus, the police should request media not to talk about in public crimes, which are under investigation since this may interfere with the evidence. The victim’s family should encourage to corporate with the investigating officers for a better outcome of the investigations.

Evaluation of the available evidence

It is important for the investigating officers to critically evaluate the evidence they have. Moreover, they should strive to look for more evidence. This evidence will be able to convict one of a crime. Notably, if shoddy evidence is evaluated the police, then there will be no justice for the victims and their families. According to (ammer, and Albanese, (2013), the investigative officers should closely work with the community to get substantial evidence. Additionally, the police should conceal the identity of the eyewitness/ individual so that his/her life may not be at risk.

Restoring public confidence

One of the tenets of crime investigation is the restoration of public trust. The reason being pubic inquiry s crucial in giving leads to any evidence that the investigative officer may need. To promote public confidence, the investigation should be done in a transparent and prompt manner. Failure to do a promote invitation will erode the confidence of the public.

Risks

While carrying out the investigation, it is important to maintain the safety of those individuals engaging in the investigation whether the witnesses or the investigative officer themselves and even the community at large. (Schaveling, Blaauw & van Montfort, 2017). Eyewitnesses should be protected. Furthermore, there is also the need for the investigative officer to guarantee the safety of the witness just as provided in the data protection act (1998). Human Rights act (2000) and in the freedom of information acts. The acts provide a conducive environment under which the investigation is done and underscoring the risk of accepting information at face value.

Risk assessment

Risk assessment is essential to determine what kind of information one should gather. It will also lead to proper decision making. The decision that is to be made will be able to prevent the risk from occurring or reoccurring (Vito & Maahs, 2015). At disposition, many questions become relevant that includes the suitable placement, level of security as well as subsequent treatment programs to the youth. In this regard, dispositions demand that the court should consider proper sanctions and interventions with the most appropriate procedures for reducing the particular behavior from repeating itself in the future (Mac Giollabhuí, Goold & Loftus, 2016). Additionally, after planning or rather community entry may benefit from the assessment of the risk to establish the vital level of interventions and motoring for the young people while staying in the community. Thus, one needs to synthesize the information after gathering, defining the type of problem/situation, diagnosing the condition of individuals and conducts a proper assessment.

Assessment and screening are ought to be tied together to a decision-making situation. One question that should be asked is whether the victim or the youth is suitable to be taken to diversion from the juvenile justice system. Moreover, at detention, one of the key questions that should be asked is whether the youth may require secure pretrial jailing to prevent recidivism or rather failure to come before a court of law (Siegel et al. 2014). On judicial processes sing, the question is more likely to waiver to the court of adults or instead call for transfer to the juvenile courts.

The Back on Track is also known as the BOT assessment tool has two elements. The first element is the initial prescreen while the second one is the full assessment. Therefore the two aspects incorporate similar domains as just as in the PACT assessment too. Also, the social history, as well as the behaviors, play a greater role in determining the reason people commit the crime. The risk screening elements are scored and carefully combined to create an overall risk score. Hence, the total score categorizes the level of risk of the youth which is then applied to be used in making detention decisions (O’Neill, 2018). Similarly, PACT, the Positive Achievement Change Tool, and the BOT, Back on Track has various domains to offer workers with the social as well as criminal history for each. In this sense, the pre-screen establishes the risk level accorded to every individual (Akiyama et al. 2015). Nonetheless, it can be concluded that the two one has higher chances of committing future offenses. The reason being they have the criminal record. Therefore, both juveniles will harm presently harm the community they are living in.

The extra information required to complete the assessment of the risk is crucial in making the valid score, and in determining the level of risk level. For instance, in the case of Mason, it is proper to have information regarding her murder. The above information is essential in determining the level of risk and mitigation measures.

Critical incident Strategy/management

Admittedly, proactive responses represent significance not the loss of confidence in the police. Effective professionalism is key I ensuring that the investigation is brought to a conclusion. First, there is need to prepare for critical incidences (Newburn, Williamson & Wright, 2012). The main management offices will consider structures with adequately trained staff. These officers will be expected to embrace leadership and supervision abilities. Moreover, early identification and notification of crime are critical in ensuring the successful investigation.

Procedural justice

Procedural justice and police legitimacy are subjects that are of concern today and cannot be wished away because they directly affect the community. Whenever it comes to the discussion of the criminal investigation the subject takes the center stage (Becker, 2005). The subject broadly envisages the trust the police has on the communities on which they enforce the law. The sensitivity of the matter has made it today to be galvanized into a single subject despite the fact that the two developed several decades ago as independent subjects There are different principles on which the concepts have been founded, and a lot of information have been combined so that the concepts can be much better understood and efficiently implemented to create harmony between the involved parties; the police and the community they serve. There are four major components governing procedural justice; Neutrality or simply being fair on justice dispensation, listening to the inner voice, Treating the subjects with respect, and the essence of trust on the community by the law enforcers (Becker, 2005). Diverse approaches have been created and used for some time in creating harmony and a working partnership between the law enforcement agencies and all other stakeholders in the process to the actualization of procedural justice and ensuring that the Police execute their responsibility with due diligence.

Moreover, procedural Justice revolves around the act of being fair and transparent whenever it comes to decision making (Backer, 2017). It can alternatively be perceived as an act of distributive justice; being fair whenever giving penalties for the offenses committed by the subjects. Whenever one is charged with the responsibility to administer justice, they should remain non-partisan and penalize the victim according to the law but not do so with malice or favor (Lofstrom, & Raphael, 2016). All the involved individuals should be heard fairly before any verdicts are made. A fair hearing is a considerable step and is acceptable by all as appropriate when it comes to procedural justice. Once adhered to the ensuing judgment of the situation will be considered a due process in administering justice to the victims. Equitable outcomes have been witnessed according to justice procedural theories (Higgins, 2014). The theory emphasizes that whenever a fair procedure is held justice must always prevail. The outcome must always be quality according to interpersonal interactions as the process of procedural justice broadly discusses. Whenever there is conflict resolution, an act of fairness always has a positive impact on the perception of all the involved parties.

Media has investigated and followed up some of the criminal cases. Certain media have got video evidence as well as sound recorded, which is essential in proving a case in the judicial system (Newburn, Williamson & Wright, 2012). Thus, an investigator should take seriously evidence from media and use it with other sources of evidence to bring to conclusion an investigation (Becker, 2005). Additionally, forensic evidence is crucial in crime investigation since it provides a significant amount of evidence that can aid the judicial processes (Smith, 2018). It is one of the sources that provide the source of evidence that can lead to a conclusion of the case. The gunshot is also another element of evidence. It has the witness that can both see and hear or those who happen to be around at the time of shot out. Moreover, after the gunshots, there are bullet cartridges that are left behind which are also the main source of evidence. CCTV captures video of events (Becker, 2005). They are installed in specific places such as buildings, within a house or on the roads to capture all the events as they happen. It gives visual evidence that can be trusted and help in the judicial procedures. The video can be later analyzed by experts to find out who committed the crimes in a specific area.

Some of the investigative media have vital information regarding crime and criminals. Thus, the police should work closely with the media in order to enhance their investigative duties (Newburn, Williamson & Wright, 2012). For instance, in the crime scene, the police should cordon off the area and even keep away people and the media before an investigation is launched. The reason being the media at the crime scene may interfere with evidence and report things that they not been confirmed. The evidence in the crime scene may not take a lot of time to investigate because there are traces if items, blood, weapon that can be traced (Becker, 2005). On the other hand, CCTV may store large data for the longest time until the crime is investigators. The data may be kept for future references. The gunshots provide effective evidence to the crime investigators. Conversely, witnesses testify on hat the saw or heard. They can talk and this evidence is lively. Though, there could be biases among witnesses.

National decision Model

Police deserve to be given their space when it comes to discharging their responsibilities. They should be well endowed with the authority to enable them effectively exercise the duty if law enforcement so that law and order can be maintained among the subjects (Smith, 2018). This way, conflicts can easily and effectively manage, and the emanating problems in the community can be readily solved. The Police legitimacy can be anchored on three Perspectives or judgments; the most significant is the trust the community has on the police and to what stretch can the public confide in the police. For there to be confidence in the police the community should believe and be sure that the police are always honest when discharging their duties and that, they are doing the same to the best of their abilities (Kassin, Kukucka, Lawson & DeCarlo, 2014). Besides, the community should understand that the police are simply in existence for their well-being in that they protect the community from possible violence and crime. Secondly, legitimacy brings out the picture that the subjects should be willing to recognize the authority of the police. The entire community within which any police unit operates is obligated to submit to their authority and take the responsibility of accepting that the police are the enforcement unit of the law (McCartney, 2005).

Lastly, Police legitimacy should be perceived that the actions of the police are morally justified and are deserving of the arising situation. The superseding view should be that the police the police have always acted in the interest of the people they serve and not on their interest or that of the agencies they belong to. A conflict of interest would arise should the police become partisan in their duty and as such would result in a state of lawlessness which might not of any positive impact to any well-meaning community.

The minority in most communities and the racially maligned would in most instances perceive that the law enforcement agencies, the police are unlawful. This is founded on the relationship the police often have with latter (Sinclair, 2017). Such perception creates distrust between the police unit and the communities. Such distrust may have distasteful consequences.

Thus, the relationship between the police and the subset in the community would remain course. Such would greatly undermine the legitimacy of the police and by extension the law enforcement process. So long as the police have been tagged illegitimate, they may lose their moral obligation, and the unit may become defunct as they would not have the authority or the ability to effectively execute their duties (Xin, 2015). Overall, any society that would want to be free and safe, effective law enforcement should be the pillar that or the fabric that holds the community together. Effective law enforcement would mean accountability, integrity and there will be cooperation between the involved parties. Such a community would be open to new ideas and service dispensation would be quick (Jarvis, 2015). The community would be more likable, and it will be open to development. It would be a community in which mutual respect is upheld and would easier to nip any emanating animosities to ensure the entire community is in order.

Formulating alternative hypothesis

Alternative hypothesis on the evaluation of the evidence is key to ensuring that the investigations successfully concluded. It is true that the decision making of the police is complex (Becker, 2005). The reason being the decisions are needed in the most difficult situations and are usually made in contradictory or incomplete information (Huff-Corzine et al., 2013). The police officer is required to make the decision in which those who are involved give misleading information. Thus, these decisions will not be able to achieve its satisfactory outcome (Sansoni, Trebeschi & Docchio, 2009). To assist every person in the policing to evaluate evidence and give a framework in which decisions can be challenged and evaluated, the police services are expected to adopt a national decision model. The reason being the national decision model gathers information from various documents. This information can be accessed by any investigating officers from any point.

A constraint in the form of Risk Management

There is need to have a good political will and support for the investigating offices. This will give the officers a motivation to conclude an investigation usefully. Also, there is need to have robust policies in place that will assess and support any research. On ethical issues, data protection acts prohibit from revealing their identity of the witnesses for their security. Thus, there is need to have a robust legal framework that is supportive and flexible so that investigations will conclude d and justice served. Risk managed plan should be robust and elaborate.

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