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Due process is sufficient to protect a suspect's human rights (Discuss:focus on Arrest/custody/interview) - Essay Example

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This paper endeavors to explore the process sufficient to protect a suspect’s human rights. The purpose of this paper is to investigate the following issues: sexual offences; burglary offences; arrest and detention of suspects; general procedures for interviewing suspects; cases with no suspects and new evidences…
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Due process is sufficient to protect a suspects human rights (Discuss:focus on Arrest/custody/interview)
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Extract of sample "Due process is sufficient to protect a suspect's human rights (Discuss:focus on Arrest/custody/interview)"

Download file to see previous pages From the research it is clear that the police are authorized to stop, interrogate and make a search on a case to case basis. This scenario often leads to an arrest if the police officer strongly suspects that a particular individual has committed a crime. Once at the police station, the police personnel who will handle the interrogation must adhere with the rules and regulations set forth by the Ministry of Justice regarding the rights of the arrested person. Such rights primarily include getting free legal advice from a solicitor who is on duty or the detainee’s own private solicitor. In relation to the above, it is imperative that arresting police officers and interviewing officials who handle the first round of questioning or interrogation with respect to a particular case must know the guidelines set forth by the Ministry of Justice so no human rights violation is incurred at the first phase of inquiry. Handling a case in the correct manner at the beginning often yields better results when it is time to gather evidence once a suspect has been indicted for a crime. Hence, individuals arrested or detained by the police must be duly informed about their various rights as a detainee. This comprises of but is not limited to the right to call someone, a friend or a relative, in order to notify them that he or she has been arrested and being advised that they can be provided with the services of an independent solicitor and consult with them in private. Such privileges likewise include the right to have a break every eight (8) hours especially when the interrogation has been going on for a certain length of time. If at the time of detention the arrested suspect has not been charged with any offence, he or she must be released within a maximum time of twenty-four (24) hours after being arrested (In Brief, n.d.). Body This part of the paper will discuss in general important points for committing burglary and rape offences per se; and the general procedures for interviewing suspects and what routinely happens when a case becomes cold due to the reason that no suspect related to the crime has been arrested and no new evidences has transpired for a certain length of time will likewise be threshed out. Sexual Offences Sexual activity that includes persons who are below the age of consent is considered illegal even though consent is established at a later time during the course of the entire investigation; especially when one of the partners in the act is in a more advantageous position over the other. These circumstances transpire in two ways, first is when sexual activity is done with children who are under the age of sixteen (16) or eighteen (18) because the law perceives there to be a one-sidedness of authority diminishing trust (in cases of familial sexual acts) or an abuse of power which usually transpire between a teacher and a pupil. Second, sexual offence can be similarly committed between two consenting adults, but one partner is regarded to have a mental incapacity making him or her vulnerable to be taken advantage of and forced into having physical intimacies. Penalties for sexual offences depend upon the factors surrounding the case and the seriousness of the offence that has been committed. Penalties are generally lowered when the age gap between the victim and offender is quite narrow since immaturity is taken into consideration in such types of cases (Sentencing Guidelines Council (a), April 2007). Burglary Offences The applicability guideline for burglary offences are categorized into three (3) levels of seriousness where each category is appropriated with specific sentences in relation to the offence committed. In various burglary crimes the offenders are evaluated depending on the harm the victim has sustained from the incident and the guilt of the offender in having carried out the crime. The harm sustained by the victim in burglary crimes is not limited to physical since ...Download file to see next pagesRead More
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