INTRODUCTION
R. v. Barnes , Philip Barnes was supposedly found guilty of possession and trafficking marijuana. Contrary to this, the trial Judge found that the Investigating officer had engaged in “random virtue testing” and he granted a judicial stay for entrapment. It was stated by the Court of Appeal; Per Lamer C.J that the officer did not have a “reasonable suspicion” that Barnes was already engaged in unlawful drug activities.
In this leading case on the “buy and bust” test, it appeared that the two stage test included a reasonable suspicions that (a) the person is already engaged in an illegal activity, and (b) the physical location where the person is associated is a place where the particular criminal activity.
It could be argued that this leading case did not give a definite answer to the circumstances where the Police can employ random virtue testing during investigations.
As a general rule, it is expected that the Police should focus on uncovering criminal activity that occurs without their involvement. However, the law permits on reasonable grounds, a certain degree of entrapment in the conduct of a police officer’s investigation. This popularly called the bona fide inquiry.
In recent times, the so called Bona fide Inquiry has stretched beyond the ambit originally contemplated by most victims of this means of Investigation by the law enforcement Officers.
The aim of this Piece is to demonstrate the extent to which the Law has permitted Law enforcement
In a criminal investigation, there is the need to break down two things. Firstly, the investigation itself and secondly the investigator involved. It is of utmost importance that the criminal investigation is done accurately, failure to do so will have negative consequences on the society. Investigation involves the collection of facts, scenarios and situations which are directly or indirectly related with the case. Whereas investigator is the person who should observe, question, analyze and scrutinize the available details. Careful evaluation then helps to achieve the much needed evidence. Criminal investigation is one of the most essential functions of the Law Enforcement agencies, as it is their prime responsibility to maintain a secure environment and
The role of the criminal investigation process is to balance the rights of the victims and offenders in society. All individuals’ wether victim, offender or member of society have basic rights to which the law attempts to adhere to. While all are individual, the rights will differ for the purpose of maintaining a balance in society. Though upholding the rights of the people is essential in order to ensure that the investigation process is conducted correctly and without abuse.
Lack of efficient training on professional investigative skills has led to most cases being dropped due to lack of evidence. Use of inferior investigative tools which at the end results in low quality investigations (Drielak, 2004). This has results in violation of human rights by leaving cases unsolved or taking long to solve or use of excessive force to solve cases. Inefficient and poor training on carrying out investigations on corruption and fraud related cases coupled with political interference from politicians has hindered police officers from effectively carrying out their duties concerning fraud related crimes
The use of entrapment to solicit defendants to be a part of criminal undertakings has been in the judicial system of the United States over the last centuries. With the evolution of the constitution and other important amendments regarding human rights and the role of the law enforcement in keeping peace, entrapment has come under fierce criticism with the government keeping its ground that it is a necessity. The two main interpretive views of entrapment are the subjective and the objectives views, each of which is equally applied by jurisdictions and specific courts. The fundamental concepts surrounding entrapment are whether or not the individual claiming entrapment has evidence that the person
The majority reasoned that Fischer’s refusal to submit to a urinalysis is a factor that permits inferences that Fischer knew about the drugs under the passenger’s seat. However, as noted by the dissent, “it is equally fair to presume he did not want to take the test because he had used marijuana or simply wished to invoke his right not to submit to testing.” The majority does not cite to any statutory authority or case law to support their assertion that refusing to submit to a urinalysis is a factor when considering the “knowingly” element under South Dakota Codified Law section 22-42-5 Possession of a Controlled Substance. Refusing to submit to chemical testing is not circumstantial evidence that links him to the tin to infer actual knowledge like circumstantial evidence of fingerprints
Brie’s authority to consent to the search of the shoebox was not ambiguous because the searching officers’ reliance on clear indications of her mutual use of the shoebox was reasonable. Additionally, even if this Court was to find Ms. Brie’s apparent authority was ambiguous, this Court must find that such ambiguity does not defeat the searching officers’ reasonable beliefs in her authority as finding otherwise would impose an unreasonable burden on police officers that would cause them to be unable to effectively fulfill their duties. Second, this court must find the government presented sufficient evidence to prove the scienter element in Mr. Brie’s case because statements made by Mr. Brie and one of his customers to the police prove he had the requisite knowledge of the substance he was dealing with and finding to the contrary would make it unreasonable difficult for prosecutors to prove the scienter element in future analogue drug
One research traced the development of proceedings against law enforcement and credited their rise to more than a few decisions stemming from `60s, `70s, and `80s that successfully stripped away the sheets of fortification gave individual officers, law enforcement agencies, their supervisors as well as municipalities (Fisk, 2001 p.12). Consecutively, this opened a door for remarkable boost in the quantity of lawsuits against law enforcement and in the ensuing fiscal awards with amount of costs reaching $42 million. As for fiscal arrangements, the standard reward for the unlawful fatality
Gonzaga university is well respected private school in the west of the USA. The school prepares students to get their dream job. Most of the student get the job of their dreams. Unfortunately, one of the students did not get job because of the school. The graduate asked Gonzaga university provide an affidavit of good moral character from the collage to the future employer. The teacher certification specialist at university provided damaging information. The specialist mention student by name and revealed that student was engaged in sexual misconduct. The student did not received affidavit and a job, because of the school official overheard conversation about student had sexual misconduct by undergraduate student. After that, University made an investigation and refuse to certify to student affidavit of good moral character. The student sued the university. I take side of the student, because university should not give the student’s information.
The police have the right to block entrance to the crime scene in order to protect evidence, and will question witnesses concerning the crime.
Tom, Merchants Walk has been great, the department is performing well, I cannot beat the commute and my second anniversary with The Home Depot is just around the corner. I am still interested in growth opportunity and was hoping we might have an opportunity to reconnect to explore whether any needs in the finance group have changed or perhaps you might be able to point me to someone within Kelly Barrett’s organization. I understand Home Services is an important part of the growth plan and have some direct experience with some of our programs, as well as some ideas re how and where we can manage and improve. Understanding Kelly’s finance and audit background, I believe it could be another potential fit. Regards, Richard
Christopher Simmons was not your typical American teenager. Abused and neglected as a young boy, by the time he was seventeen years old he came a convicted murderer and was sentenced to the death penalty. His case quickly became under fire for overriding his Eighth Amendment right that stated that the federal government cannot impose cruel and unusual punishment upon anyone. Christopher Simmons was old enough and mature enough to understand that what he did was morally and socially wrong. If someone can completely conjure up a murder plot by oneself, then they should be sentenced to the death penalty no matter the age. Simmons should have received the death penalty despite his age at the time of the crime he
The U.S. Supreme Court declared that a person has the right to represent himself or herself at a criminal trial based on case law from Faretta v. California (Cabell, 2012). Many people have a preset notion that those who wish to represent themselves are mentally ill, obtuse, believe they can “beat” the system, or simply are arrogant (Cabell, 2012). I do believe in certain jurisdictions it would be an advantage to conduct a defense pro se.
The idea that the police are basically a crime-fighting agency has never been challenged, no one has troubled to sort out the remaining priorities. Instead, the police have always been forced to justify activities that did not involve law enforcement, in the direct sense, either by linking them constructively to law enforcement or by defining them as nuisance demands for service. This view, especially in the minds of the police, has two pernicious consequences,. First, it leads to a tendency to view all sorts of problems as if they involve culpable offenses and to an excessive reliance on quasi-legal methods for handling them. The widespread use of arrests without intent to prosecute exemplifies this state of affairs. These studies do not involve
When you place an order through our website, your credit card is authorized for the amount of the order, which puts the funds on reserve. The charges are not made until the order ships. As the release date of your title draws closer, we will submit a new authorization request to your bank. If your order is cancelled for any reason prior to shipment, we immediately release the authorization. However, depending on the bank that issues your card, it may take 2 to 5 days for the funds to be unreserved, a process over which Barnes & Noble has no control.
To begin with, the author highlights how efficacy can be increased amid the investigative officers and how resources can be used to make investigations better. These are very important points because they assist a lot of people in a number of ways. Chiefly, the management of resources is perhaps the single biggest hurdle in management of investigations. Generally, investigations require a lot of funds to proceed. On the same note, they involve travelling and a lot of field