Apprehension of Criminals and Relative Enforcement of the Law - Essay Example

Review the files for three scenarios and advise the Crown Prosecutor supervising your training Scenario In this regard, it is vitally important to put in consideration the evidence of the case as well as the public interest during the determination of possible prosecution. In light of the legal provisions, the evidence collected from the scene will probably be accepted in the court of law. This is because it is credible, reliable and first hand and not merely hearsay. The police or investigating officers would be required to collect further evidence regarding the criminal behavior of the suspect especially considering that he has been previously been convicted for an offence with similar facts. Notably, this has significant impacts on his credibility and would greatly influence any decision for prosecution. In this scenario, it is also worth noting that the suspect’s divorce case has direct implications on his attitude towards the case. This should be put in consideration because to a great extent, it could have probably influenced the decision that he made with respect to committing the crime. Also worth mentioning is the fact that the suspect had been drinking. In this regard, alcohol and relative drinks have negative implications on the decision making capacity of an individual. Influence of alcohol undermines objective decision making and can make an individual to indulge in activities without understanding the implications for this. The suspect’s decision to settle the case out of court also has direct impacts on decision making in this respect. This implies that he has already assumed criminal responsibility and understands the legal implications of his actions. On the level of public interest, there are various factors that need to be considered and analyzed accordingly. Legal provisions at this point assert that although out of court settlements have been made, factors pertaining to the criminal record of the offender as well as the seriousness of the offence can inform prosecution. According to research, there are certain facts whose presence in the scenario increases the likelihood of the suspect being convicted (Howell, 2011, p. 51). As aforementioned, the suspect has committed the same offence for the second time. The previous offence regarding smashing of an office window had similar facts as this one. Seemingly, it also occurred after an argument with the contractor and involved smashing of a glass window using a stone. Although he has already footed the current damages, this trend implies that he is likely to repeat the crime in future. Put differently, the criminal behavior of Nathan is likely to be repeated in future. The sentence for the offence is three months imprisonment and or a level 4 fine. Notably, this sentence is not significant as compared to the sentences of other criminal offences such as assault. However, this offence involved a threat of violence. Presumably, the suspect could have used the stone to cause more harm to the victim, her children or the victim’s property. Further, the fact that this offence was committed in the close proximity of two children increases its likelihood for prosecution. From a legal standpoint, children are protected by the law and committing an offence within their proximity should be avoided at all costs. Conversely, there are factors whose presence in the scenario reduces likelihood for conviction. To begin with, Nathan has exhibited compliance with regard to out of court settlement. He has already affirmed that he indeed committed an offence and has taken practical steps to pay for the relative damages. Basing on the preceding analysis, Nathan should be prosecuted for the criminal offence. He has committed an offence with similar facts for the second time, did this in the proximity of the children and was under the influence of alcohol. Arguably, he exhibits a significant level of irresponsible behaviour and basing on his criminal record, he is likely to repeat the same behaviour in future. This could undermine the national security and harm the victim as well as her children. Also worth mentioning is the recognition that this behaviour is influenced by the inability to control one’s tempers. If he is not prosecuted, he poses a threat to the public. Scenario 2: Apprehension of criminals and relative enforcement of the law is the responsibility of both the police and the public. In order to effect arrest in an effective and timely manner, both parties are required to be vigilant with respect to identifying criminals. Upon identification, members of the public should hand over the criminal to the police who then initiate the criminal proceedings. In this scenario, Mellissa and her counterpart have the legal authority to effect arrest, regardless of the fact that they are not law enforcers. Provisions for this are underscored under section 24A of the Police and Criminal Evidence Act of 1984 (Howell, 2011, p. 50). In this, they have reasonable grounds upon which to believe that Tansy had committed an indictable offence; supplying a class A drug to school children. According to the case study, this problem had been cited during the school head teachers’ meeting. They believed that there are local dealers in the region who were targeting secondary school students. They also established that respective activities were being pursued by a well to do lady who had been seen in the locality lately. Mellissa had watched Tansy, who fitted the preceding description talk to three students occasionally. On this particular day, she even hands the male students something. Certainly, Mellissa believes that the substance that the students are given is probably the drug. At this point, it cannot be disputed that she undoubtedly believed that Tansy was the one supplying the said drug to these students. Besides fitting the physical description they had been given, Tansy is seen giving the students some substance which is believed to be the drug in question. Thus besides just believing that tansy is the one, Mellissa and the Deputy Head teacher gets her in the act of committing the offence. This was attained after watching her for a certain period of time. For this reason, they are legally obliged to arrest Tansy and hand her over to the law enforcers accordingly. Considering the conditions surrounding the scenario, they do not require a warrant of arrest. Then, it was necessary to arrest Tansy in order to prevent further commission of the offence. This is because arrest would confine the offender thus limiting her ability to engage in the respective illegal activity. With reference to the case study, this was important to prevent Tansy from further selling the illegal drug to the school children. The arrest would go a long way in protecting the welfare of these school going children and enhancing their academic performance. From a legal standpoint, the arrest was lawful because it was not reasonably practical for any police constable to effect the arrest at that particular moment. Meanwhile, Mellissa’s colleague had phoned the police constable who was on his way to the scene of crime. In this respect, the law accords a civilian or any member of public the powers to make arrest in the absence of a police constable. This is particularly so in instances where the police constable or any law enforcement officer is not in the vicinity of the crime being committed. The decision of Mellissa in this regard was based on an understanding of this legal provision. Arguably, Tansy could have made off before a police constable arrived to effect the arrest. At this point, it is worth appreciating that arresting an individual has negative impacts on the life and general wellbeing of the particular person. Essentially, this deprives the individual of his or her liberty and makes it difficult for the person to pursue normal activities with ease. The inherent restriction is potentially damaging especially in incidences where the offence committed is criminal in nature. As such, most individuals tend to escape arrest in order to make plans regarding how they can shorten their stay in police custody beforehand. In this case, it is unlikely that tansy could have stayed to wait for the police especially knowing the far reaching implications of the offence she was committing. Certainly, she would have made off before a police constable could assume any form of responsibility for her. Scenario 3: Police constables are accorded powers to make arrests without a warrant when they come across a person committing an indictable offence. In this respect, the young girl who says she is Kelly McDermot is presumed to have committed an indictable offence, robbery with violence, in company of two other girls. In particular, they threatened one named Lisa with a knife and took off with her mobile phone. The victim was not in position to particularly describe the child who threatened her with the knife because of shock. The Iphone4 mobile phone that Police Constable Khan finds with these three girls is white and fits the description given by the victim. Based on this, the police man has reasonable grounds upon which to believe the three girls committed the offence. Although the name that the girl holding the phone gives resembles an older girl he had dealt with previously, police Constable Khan proceeds to arrest the girl. In this respect, he has reasonable grounds to believe that the girls are indeed guilty of this offence. Besides, the police constable arrested the girl in order to have a chance to ascertain her name. In this respect, the police officer does not know the name of the girl, irrespective of the fact that he suspects she has committed a crime. After the girl has told her the name, he doubts whether this is her actual name. This is because she had dealt with a person having a similar name in the past and they are incomparable in terms of age. The girl bearing the name in the past was relatively older than the current suspect. In this regard, arresting the girl would enable the police constable to ascertain her name and ensure that he is dealing with a real culprit. Further, it was important to arrest the girl in order to avoid damage or loss of the phone that they had stolen. Presumably, the girls could have destroyed the mobile phone in a bid to destroy evidence and complicate any criminal proceedings. Alternatively, they could have sold off the property or damaged it in order to conceal or destroy any evidence that can incriminate them. At this point, it is certain that Lisa is distressed. A phone is an important item that enables an individual to communicate with other individuals accordingly. Further, a phone with these distinctive features is used for entertainment purposes. Indeed, it is an invaluable item whose loss can be psychologically distressing. By arresting the girl, the police officer would enable prompt, effective and hasty investigation of the conduct of the girls as well as the alleged offence. This is important as it would enhance faster relief of the victim. Also, arresting the girl is instrumental in preventing hindrance of prosecution for the offence that has been committed due to incidences of disappearance of the suspect. In this respect, the offender is likely to escape in order to avoid being arrested or held in custody. As aforementioned in the preceding scenario, arrest tends to deprive an individual of liberty or freedom to live normally. In this respect, it is also worth mentioning that members of the public cannot be able to arrest the girls for two reasons. First, the girls are armed with a dangerous weapon which they could use to assault or threaten them. Then, they do not have sufficient intelligence to implicate the girls without infringing on their rights. In this respect, persons under custody need to be informed about reasons for their arrests before this is effected. Failure to do this culminates in infringement on their rights. Since the public does not have the capacity to arrest them under the current circumstances, it is only wise and practicable for the police constable to arrest them. List of Reference Howell, C 2011, Unit 11: Building a case, Part F: The roles of police officer-arrest and charge. In W100 Block 3 Rules, Rights and Justice: An Introduction to Law, Milton Keynes, The Open University. Read More