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Posted: August 22nd, 2022
Law
Topic:
Criminal Investigation
Type of work:
Essay Criminal Investigation
Law enforcement did not always have the tools for gathering all information needed to prepare a case. Throughout time, laws have been made to secure the rights of criminal investigators to obtain the material needed to substantiate the evidence used in court cases.
Has the development of new laws made the responsibilities of the criminal investigator change over time?
Discuss 1 law and how it had an effect upon crime scene investigators.
Criminal Investigation
Over the past years, laws have undergone significant changes to ensure that criminal investigators can conduct their search for evidence in a proper manner. These methods provide that the evidence collected is admissible in a court of law, making the work of the investigator fruitful. Law enforcement must adhere to these rules for the sake of securing their rights and also the rights of other citizens as stipulated in the Fourth Amendment. An example of a law that governs how investigators operate is the law of obtaining a search warrant. It is an issue by a magistrate permitting law enforcement to search for a person, location or structure and also evidence. The law of search warrants affects the operations of crime scene investigators because it requires them to prove probable cause or reasonable doubt before they are granted permission.
The constitution has changed the way investigators perform since the Fourth Amendment stated that probable cause is necessary before issuing a warrant. Therefore, law enforcement needs to ensure that there is the existence of a minimum amount of evidence before they act towards a perpetrator. The fact that evidence may eventually be ruled out as inadmissible in a court of law does not exclude it from the probable cause determination (Hall, 2014). An officer relies on their observations, records, statements from fellow officers, witnesses, victims, and hearsay evidence to gather probable cause determination. Probable cause can exist when there is more than a 50% chance of the item in search being found within the premises or in the case of factual evidence that can point to the perpetrator. Hence, an investigator is supposed to gather all this information and present it before a magistrate to get a warrant for arrest or search. This has enabled investigators to point out suspects and take action based on the minimal amount of evidence they have towards making progress in a case. There is also the case of beyond reasonable doubt where an investigator is allowed by law to use their common sense and reason (Hails, 2008). The fifth and Fourteenth Amendments provide clauses that enable law enforcement to carry out their actions if the suspect seems guilty beyond a reasonable doubt. Reasonable Suspicion relies on sufficient knowledge about a cautious man that would tie him to the criminal activities. There has to be careful and impartial consideration on all the pointers that make the suspect worth arresting or searching. However, reasonable doubt falls below probable cause when it comes to requesting a warrant.
In conclusion, it is true that the operations of crime scene investigators are dictated by the law thanks to the constitution. All the requirements are meant to protect the law enforcement as well as the investigation they conduct. If followed, appropriately, the evidence produced in a court of law holds more weight as a contributor to the conviction of the suspect. Since crime is based on the legal definition, so should the means of operation for criminal investigators. Warrants are an essential aspect in crime scene search and seizure since they are per the law of probable cause and reasonable doubt. Through the law, investigators can perform as expected without a doubt of the evidence. The role of the crime scene investigator has advanced with a much higher degree of specialization.
References
Hall, E. (2014). Criminal Law and Procedure (pp. 399). Cengage Learning. Retrieved from https://books.google.co.tz/books?id=Pt0bCgAAQBAJ&dq=law+probable+cause+reasonable+doubt&source=gbs_navlinks_s
Hails, J. (2008). Criminal Evidence (pp. 5). Cengage Learning. Retrieved from https://books.google.co.tz/books?id=M-_drzV5miIC&dq=crime+reasonable+doubt&source=gbs_navlinks_s
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