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Criminology and Criminal Justice Introduction to Policing

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Question :
  • Elaborate the crime issues and the problems raised in the Queensland with their justification.
Answer :

INTRODUCTION

Criminology is the study which is based upon criminal activities taking place within society. Also it studies about behavioural pattern of criminals existing within society. This subject is based upon studying about both victims and criminals. The subject is covered within penology. Criminal justice is that kind of justice attained with the help of laws that has been formed in order to control criminal activities taking place within society. Such justice is been given with the help of judiciary. Both criminology and criminal justice helps in maintaining balance within society. Police has very important role to play in controlling crime which makes criminals think before committing crime. In this report an criminal offence is been selected and police investigation is to be studied based upon offence. Critical analysis of police is to be done over it.

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MAIN BODY

Issue identified from Queens land report over crime 

It has been observed that crime has been rising at very high rate within United Kingdom. This made people living within United Kingdom feel stressed out. In order to make seek the reason for increasing in crime rate one major crime has been marked by police of UK within the country that is murder. Murder has been rising within UK at very high rate and has made people living in UK feel unsafe. Murder is that kind of criminal activity which is based upon killing of one individual by another. In such kind of crime the motive and intention of the person is to kill the individual. In other words murder means killing of a human being without any justification or valid excuse which makes unlawful killing of an human being possible. In this malice is been used in order to see that intention of person is to kill or not. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Also murder is based upon grievous hurt and manslaughter which means harming a person with the intention to create severs harm. Both murder and grievous hurt means harming an individual in a way that death occurs on spot. There are various ways of doing murder which can is basically based upon three needs of an person that is economic, food and shelter. Murder takes place at very high rate within UK. Some murder are based over revenge while other are based over psychological illness. Murder is one of the most important aspects which have impacted society’s crime in more negative way. Various kinds of aspects can be studies with murder and to deal with murder criminal code has been formed which provides punishment and penalty over murder. Murder is one of the most brutal aspects existing within society in this no guilty plea can be filled.

The law of murder is based upon common law which makes definition of murder to be set out as “unlawful killing of human beings with malice involved within it”. Further the actus res of murder are contains unlawful killing of human being with intention to kill them. The mens rea of murder are malice which can be interpreted by courts with intention to kill of cause grievous hurt in any manner. These are some of the basics of murder and also mens rea , actus res are those elements which is required to be presented within criminal activity over proving crime. Convict incase of murder is based over mandatory life sentence. The judge passed sentence cannot be less than life imprisonment not matter what circumstances has been existing. This is how sentencing is done within murder either life imprisonment or death sentence. Unlawful killing exists through an act of omission. There are certain case law which defines about murder in more detail which has been explained as follows:  

  • R v Vickers in this case Lord Goddard CJ told that murder includes malice within it but malice is required to be 'aforethought'. It has been defined within English law as intention to kill that can be inferred when an person has killed another person under self defense. Then it cannot be applied but if the weapon used is of lethal nature in such condition it can be used by victim over making an accused causing grievous harm to an individual.    
  • R v Malcherek and Steel Two separate appeals were heard together. In Malcherek the defendant had stabbed his wife. In Steel the defendant was accused of sexually assaulting and beating a woman over the head with a stone. In both cases the victims had been taken to hospital and placed on life support machines. The doctors in the respective cases later switched off the life support machines as both victims were not showing any activity in their brain stem. The defendants sought to argue that the doctors' actions constituted a novus actus interveniens which broke the chain of causation. In this case it has been held by court thatConvictions upheld the test of death is where the brain stem has died. Thus at the time of switching off the machine, the victims were already dead. The doctors could not therefore be the cause of death.

So, now the concept of murder is clear in more effective manner. Murder means when there is intention of the person to kill another and malice is involved within it with harmful killing of an individual. Various countries have given vague view over punishments given in relation to murder. The most specified punishment is life imprisonment and death penalty. Murder is deal with grievous hurt and sexual assault. Both these crimes cam lead over death of person. In relation of murder jurisdiction is been provided to criminal courts. Also to prove a murder various kinds of evidences is required.

Police has been playing important role in controlling crime and fir this reason they have been given various power as per the criminal code of United Kingdom. In order to start police is required to make investigation over complain launched. After this charge sheet is been prepared over the issue that has been marked out within the case. If the issue is based upon murder then the person can be immediately arrested. Then charge sheet is filed and submitted to magistrate in order to prove the murder. Then as per the order passed by judge is been followed by police. Police has been given power within the acts which are The Police and Criminal Evidence Act 1984 the act has made various kinds of recommendation set out by Royal Commission Criminal Produced. Under it purpose of police and Criminal Evidence act is fulfilled by unifying police power and enhancing them. It has also focused upon making police gain power wit balancing their rights. Also various kinds of act introduced which makes police attain power. Section 60 and 66 of Police and Criminal Evidence Act 1984 has med various kinds of codes issue which has to be followed by police and they are follows:    

  • Code A: It is based upon exercising of statutory powers which has been given to police in relation over search a person or vehicle without making arrest. This makes police officer over creating record over the stops made by them.
  • Code B: Under it police power to search premises and seize over retaining property which is related to person being search.
  • Code C: It makes setting of requirements over detention through questioning of suspect not relate to terrorism within police custody.  This means searching a person over charges of terrorism.
  • Code D: In this method police has been dealing upon identifying of people with connection over making investigation upon offences in order to make criminal records to be maintained.  
  • Code E: This deals upon making interview of suspects within police station. In this power given to police while investigating an suspect is been marked.
  • Code F : Deals over making visual recording over interrogation done towards an suspect. This is not mandatory for police officer to visually make recording done of interrogation. The content of code is considered while interrogating an person and should not be treated harshly until, ordered by court to do so.
  • Code G: In this power of arrest is been given to police under section4 of the Police and Criminal Evidence Act 1984 as amended by section 110 of the Serious Organised Crime and Police Act 2005.
  • Code H: Sets out the requirements for the detention, treatment and questioning of suspects related to terrorism in police custody by police officers

These codes have been helping police in dealing over cases which are related to murder and grievous hurt. It has given power to proceed with investigation and interrogation of suspect within such criminal cases.

The Police Act 1996 the act has been formed by parliament of United Kingdom which helps in defining about policies over areas which is related to England and Wales making constitution of police authorities over areas and also makes relationship between the Home Secretary and the English and Welsh territorial police forces. It has replaced the old act the Police and Magistrates' Courts Act 1994, which in turn had replaced the Police Act 1964. Section 1 to 35 makes concern over national and regional organization over police force by amending rules inside and outside London. Then comes section 36 to 58 that deals over functions in relation to Secretary of State in relation over setting of political force and handling all other things related to it. Sections 59 to 64 concern the Police Federation of England and Wales and related rules. Section 64 contains the prohibition (in place since the Police Act 1919) on police becoming members of a trade union which can take strike action, under the Trade Union and Labour Relations (Consolidation) Act 1992.

The act has made lot of change within the working style of police and has made them more effective in working over factors which results into individual causing murder. Also the act has made police deals over case related to murder in more effective manner. Murder is a heinous crime which is been committed by an individual. It is connected with other offences like rape, sexual assault and grievous hurt of bodily injuries. Murder has emerged as one of the most common issues which has disturbed conditions existing within society. This has created chaos within society. In case of murder police investigates at their level and follow proper process regarding it. Police is required to follow rules when investigating for murder.

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CONCLUSION

From the above discussion it can be concluded that criminology and crime are one the most important part of society. They are been deal with the help of judiciary and police. Murder is one of the most heinous crimes existing within society. Crime is been controlled by police and handled by judiciary. In this report things are based upon murder which has emerged as an issue within United Kingdom. Murder is defined as those activities which are based upon making unlawful killing of person by another person. Police plays very important role in controlling murder within the country.

REFRENCES 

  • Introduction: Commentaries on Policing in Toronto. (2016). Canadian Journal Of Criminology And Criminal Justice, 45(3), 343-346. doi: 10.3138/cjccj.45.3.343
  • Bengry, J. (2021). Book review: Emma K Russell, Queer Histories and the Politics of Policing (Queering Criminology and Criminal Justice). Criminology & Criminal Justice, 174889582091844. doi: 10.1177/1748895820918444
  • Hills, A. (2017). Partnership policing: Is it relevant in Kano, Nigeria?. Criminology & Criminal Justice, 14(1), 8-24. doi: 10.1177/1748895812454860
  • James, Z. (2019). Policing marginal spaces. Criminology & Criminal Justice, 7(4), 367-389. doi: 10.1177/1748895807082062
  • Whelan, C., & Harkin, D. (2019). Civilianising specialist units: Reflections on the policing of cyber-crime. Criminology & Criminal Justice, 174889581987486. doi: 10.1177/1748895819874866
  • Shearing, C. (2020). Re-considering the Field of Policing: A Review ofThe Policing Web. Canadian Journal Of Criminology And Criminal Justice, 53(3), 325-341. doi: 10.3138/cjccj.53.3.325

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