INTRODUCTION
In the first part of the following essay I will be analysing the Police Statement and the reasons that the Jurat has to be included in a statement. I will be making reference to current legislation, NSWPF operational guidance and other reference material contained within the 201415 PPP232 Interact Site.
In the second part of the following essay I will be nominating one source of evidence that is present at the scene of a scenario. I will be discussing in my own words how Police should collate, handle and analyse the piece of evidence in a Criminal Investigation. In doing this I will be using relevant crime scene powers, NSWPF operational guidance and making reference to the Horswell (2004) reading.
JURAT
Charles Sturt
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For example, John Smith was at the local Hotel and he hit Jill Smith with a closed fist to her nose. He said – “Take that, I meant it and I will do it again!” She said – “That’s It I am calling the Police.”
A written statement must be signed by the person who made the statement. If the statement is unable to be signed by the person who made the statement then another person may sign the statement with the consent and in the presence of the person who’s name appears on the statement. When another person signs the statement who’s name does not appear on the statement the other person must sign an endorsement on the statement that indicates that the person signing the statement on behalf of the other person, with the consent and in the presence of the person who made the statement Section 81 of the Criminal Procedure Act 1986.
The Jurat derives from Latin which is translated to “to swear.” It is a judicial requirement that a written document is true and accurate to the individual that has signed and dated it TheFreeDictionary.com (2014).
The Jurat is contained in the first paragraph of a statement and is a legal requirement which is outlined in Rule 3.6 of the Local Court Rules 2009 and it says, an endorsement referred to in Section 79 (3) of the Criminal Procedure Act 1986 must be contained in the following form, “This statement made by me accurately sets out the evidence that I would
In some circumstances the statement can be used as evidence without the support of the victim and the final decision in regards to continue with the prosecution will depend on the CPS and police seriousness of the crime and available evidence. It may be decided it’s in the public interest despite the wishes of the victim.
A striking aspect that differentiates the profession of policing from other forms of professions entails the legal authority bestowed upon the police to use force should situations call for it (Greenfeld 2012). According to 2009 Victorian police data, the situations involving the use of force was encountered in every 2.5 hours and for every 49hours, there was a critical incident related to the use of force by police (Office of Police Integrity 2009). These statistics show that at some point, the
The second part of the paper will review the arguments of crown and counsel while comparing them towards the judge’s decision. Counsel argued the accused the accused use of
By recreating some of Australia’s most famous criminal cases, the director masterfully highlights that truth and lie are often determined by how evidence is constructed through the “mouths and minds of counsel”. Perhaps most crucially, The Diaries reveals how skilled litigators can exploit the credibility gap between “proven liars” and “credible witnesses” when constructing evidence. Yet the director acknowledges that the law recognises this potential for abuse, and mitigates it by confining the rules of evidence through the uniform Evidence Act (‘UEA’). Ultimately, The Diaries proves that the UEA alleviates Sheller JA’s concerns by limiting the ability of legal representatives to unfairly exploit the credibility of witnesses, and thus allows evidence to be assessed on its merits in pursuit of the
I began my law enforcement career in 1998 with a very small sheriff’s department with approximately 90 deputies in the entire department. This department did not have written policies, nor a wellness program for its employees. We did not discuss suicides, alcohol abuse, anxiety, or anything involving the mental health of the deputies. That is most likely the reason our department experienced so much inter-departmental dysfunction. It was a regular occurrence for a deputy to be caught drinking and driving, with several being arrested in my four years of employment. The work atmosphere was extremely negative and the employees had no one to talk to about work related stress issues. For a young person in this department, it was very toxic.
The person’s belonging that are obtain from the crime scene should be labeled, dated, and individually identified. The evidence now can be properly identified throughout the process. Law enforcement has rules and regulations to obey at the time of seizing evidence. Nevertheless, if the boundaries are overstepped, there may be room for the evidence to be inadmissible. Seizing evidence is always a great opportunity to place a guilty person away; however, protecting the individual rights are just as important.
Statement Critique A statement whether it is a witness or Police statement, it is a vital part of evidence that is produced to the court as evidence. The statement contains vital evidence to what the author perceived whilst the incident took place. It should include things as such as what they heard, saw, smelt, felt and in some cases what the person tasted, this is called Original Evidence. Because the statement is regarded as vital evidence for a case, it should be treated with such respect.
Therefore, the court will likely admit Lucas’s written statement on the ground of the declaration against interest.
Police are allowed to draw inferences of criminal activity based on their experience and knowledge, but those inferences only assist in establishing P/C. knowledge can be drawn from hearsay or from personal observations but must be concrete and specific. (Johnson) However, the elements of the informant’s “credibility/reliability” and “basis of knowledge” are to be used as guides when considering the “totality of the circumstances” and are not to be exclusive requirements applied in every case. (Gates) The totality of the circumstances includes how an informant was obtained, why they are reliable, status, and corroboration of facts. (Gates).
MJ consists of formulating mock trials and mock appellate arguments. It also includes auditioning to play the role of lawyer, juror or witness in these mock cases, which are then put before a practicing judge for legal deliberation. The programme introduced me to the judicial processes in America and over the years has given me the chance to play the part of lawyer, witness and juror. I have gained much insight into the legal processes of preparing a case, insight into witness evidence and the decision-making processes by which jurors reach their
Before any material can be used as evidence it must be admissible at court trials. Not all material can be admissible at court trial, therefore; gathering facts and studying the offenders can be useful when they are expert in cleanup the crime scene. According the text book the definition of “Relevant evidence” means if the is any fact or reason existence of proof for determination of the action when there is less or more probable evidence or without evidence.
The mode of expression by judges is also essential to procedural justice. According to Mack and Anleu (2012), judges’ emotional expression should be avoided. It is not sufficient. Judge S Norrish (2006) suggested that the trial judge should be conscious of the likely impact of what he is going to say. Instead of avoiding emotionality, this suggestion appears to be a better demand of judicial conduct in court. Because dispassionate expression may also result in misguidance to litigants or jury due to different choices of words. By repeating or restating his own statement or statements from other litigants like ‘you mean’ or ‘what I/he said is’, the judge clarifies the standpoints of different statements in court as well as their legal effects.
Sub judice rule is designed to avoid unfair prejudice to the parties to prevent trial by news media, and to preserve the judicial authority of the courts. It is this rule which had created the most controversy over whether it is high time that the contempt of court is reformed to fit the ‘Internet Age’ we live in today. The outdated language and concepts only reiterates that the law was developed prior to the ‘Internet Age’ and the enactment of the New Zealand Bill of Rights Act 1990 (s 25).
The second section deals with the question of corroboration which undoubtedly is the most important aspect relating to accomplice evidence. This section explores the necessity for corroboration of an accomplice’s evidence and discusses the nature and extent of corroboration required. It also deals with the relevant case law and examines the important issue of appreciation of accomplice evidence from the point of view of corroboration. The final section performs a comparative analysis between English and Indian law relating to accomplice evidence and comes to the conclusion that the law in both countries is exactly the same.