Criminal Law

This paper aims at reviewing journals, books, newspapers and online sources which highlight skills required to investigate a particular crime committed or how law enforcement officers or agencies should conduct themselves or the skills they should consult during an investigation. The paper keenly reviews each article separately by providing the summaries and purposes of each article. For instance, the article from the online source on the implications of the policing and crime Act 2017 highlights how this legislation can drastically improve the democratic accountability of law enforcement officers and the efficiency of the emergency services. In addition, the review on David Ormerod’s article on criminal law provides readers with an in-depth analysis and broad coverage for criminal law practitioners as it covers all legislative and case law developments. The article extensively incorporates the transformations brought about by the Justice Act 2009 and the criminal justice and immigration Act 2008. Also, this paper reviews Stella Cottrell’s handbook which equip struggling students with required academic skills. Furthermore, the paper annotates one journal article which highlights the police personnel cultures by reviewing the comparative research of counter-terrorism and criminal investigation units. Finally, this paper reviews a newspaper article from the Guardian which focuses on how the new legislation can complicate law enforcement officers’ misconduct with crime.

Green, S. (2016, February 9). New law could confuse police misconduct with criminal            offence. London: The Guardian.

This newspaper article describes the case of an incapacitated immigrant from Iran who was brutally murdered by unruly neighbours despite his plea for help from Somerset and Avon police. Numerous calls and complaints of harassment from the slain refugee were ignored by the police (Green, 2016). The article explains that following this incidence, a security officer and a law enforcement community support officer were arraigned in court for committing an offence and they were consequently dismissed from the police agency after an intensive investigation from the complaint commission. Although the suspects were released, the law commission is re-evaluating the legislation which governs public officers’ misconduct during an investigation or duty. In addition, the newspaper article describes that the commission has started a discussion which is intended to establish how the current regulation in the country is applied and further identifies any issues which may arise as a result of poor or lack of clarity. Furthermore, this article highlights that the committee noted that the lawful notions which are involved in the crimes by state officers during an investigation are highly complicated and they may not be easily accessed by non-lawyers (Green, 2016).

Although currently, misconduct by a public officer encompasses an accusation that he/she has deliberately failed to execute his/her obligation, the new law which is intended to be introduced could adversely affect criminal investigations as the new legislation will make it a crime for a law enforcement agent to exercise his/her investigative authority in such a way that it is inappropriate (Green, 2016). According to this news article, the suggested legislation will not incorporate a seriousness threshold or the expected prerequisite of malicious intention by a public official. In addition, the new legislation will include concepts such as detriment and benefit, which can be interpreted differently. The article further states that some of the investigations regarding police misconduct and other state officials can sometimes lead to criminal proceedings. For instance, the paper explains that the crown prosecution service dealt with twenty-one proceedings of possible misconduct by a public official between 2009 and 2015 (Green, 2016). Out of these cases, 12 were against police officers and 11 of them resulted in a conviction for a gross violation. The behaviour of the convicted law enforcement officers was categorized into misuse of security systems, sexual exploitation, and deliberate neglect of duties. The article concludes by stating that the creation of a new law enforcement corruption offence could make most of the issues which were previously investigated as misconduct to be criminalised (Green, 2016).

Ormerod, D.C. and Laird, K. (2014). Smith and Hogan’s Text, Cases, and Materials on criminal          law. 11th Edition. USA: Oxford University Press.

This textbook is an essential guide to criminal law due to the fact its text is eminently clear and incorporates diverse issues which a criminal investigation student should be aware of. The authors of this article have also included the latest legislation and present criminal cases which can be largely relied upon to shape the law. Thus, the book offers law students with the required skills to develop an in-depth understanding of the significant cases and the legal principles which should be followed when investigating a particular issue. For instance, the article states that the principle of fair warning demands a police investigator to clearly communicate a certain regulation to the public. In addition, the article describes that the principle holds that if a particular law is codified, the public should be made aware of what is being criminalised (Ormerod and Laird, 2014). Also, the article explains the principle of fair labelling which requires an accurate correlation between the name of the committed crime and the conduct it criminalises. The other principle of criminal law highlighted in this book includes the principle of autonomy which ensures that individuals are given the freedom to act without being constrained by particular criminal laws (Ormerod and Laird, 2014). The final principle of law described in this article is the principle of welfare. The article discusses the code of conduct by an officer, the circumstance element, the result element, causation and the duties to act (Ormerod and Laird, 2014). Also, the article explains the different types of criminal intentions, ways of satisfying the men's rea of recklessness and negligence.

In addition, the authors extensively explain the various types of homicide and categorized it into involuntary and voluntary. Moreover, the book describes the situation in which criminal investigators should rule a particular offence against another individual as non-fatal. Also, the authors of this article explain how an officer or an investigator should handle cases involving burglary, criminal damage, fraud, robbery, and other types of offences such as sexual assaults (Ormerod and Laird, 2014). Other types of offences discussed in this article include offences to damage to property and making off without payment (Ormerod and Laird, 2014). Moreover, the authors describe how law enforcement officers should handle cases involving stolen goods and other related crimes. Also, miscellaneous offences which are described in the Theft Act 1968 are also discussed in the book. This guidebook can be described as a thorough and accessible learning tool for criminal law due to the fact that it combines extracts from significant statutes and cases and other invaluable notions from expert reports and peer-reviewed articles. The authors of this book direct the readers through different facets of the regulation while at the same time challenge them to conduct further investigation, reflect on their skills and develop a thorough understanding of criminal law.

Cottrell, S. (2008). The study skills handbook. 3rd Edition. Macmillan International Higher             Education.

Unlike the previous editions, this third edition incorporates numeracy and e-learning as one of the study skills required by students. In addition, this article describes task management skills such as how to successfully prepare case studies, desertions, and research projects. Also, the author highlights how students at the university level should develop academic writing (Cottrell, 2008). This article highlights the seven approaches to learning and becomes a successful law student. In addition, other than task management skills, the article describe certain academic skills such as memorizing content in a particular extract, how students can develop confidence with numbers, and the acquisition of core research skills such as managing information, reading, and taking notes in a classroom session. The article identifies and describes the skills expected of a student and clarifies what a successful student at the higher education level may look like (Cottrell, 2008). In addition, this guidebook explores different anxieties of a student and identifies the resources needed to be a successful investigator/learner (Cottrell, 2008). Also, the guide appreciates how higher education is different from other levels of education in a student life. The paper describes that in order for a student to cope at the university level, he/she need to be reasonably good at being flexible in his/her learning style and surviving in a large group of individuals (Cottrell, 2008). Furthermore, the guide explains that a student at the university level should be in a position to be open to others, have the ability to work things out for themselves, be in a capacity to organize his/her time, and be able to work out when and how he/she can learn best from the past and present experiences.

In addition to academic skills and task management skills, the author of this article has described how students should manage themselves for study. For instance, the article explains that students can manage themselves for study by being able to effectively manage time involves understanding when and where an individual should be for scheduled events or activities (Cottrell, 2008). Also, learning how to effectively manage time involves meeting the stipulated timeline by keeping to deadlines for handing in activities. Other study skills highlighted in this guide and which can be largely relied upon during an investigation are the ability to self-motivate. This implies that a criminal investigation student should be able to work on his/her own most of the time without relying on external assistance from the seniors such as the professors (Cottrell, 2008). In this regard, this guide plays a critical role of empowering students, particularly those from the criminal investigation field to be critical thinkers in order to solve various crimes with ease. Moreover, the article provides students with learning strategies which can bring forth success to a student (Cottrell, 2008). Furthermore, this study guide helps learners to understand and develop the right mind-set required later in their careers. For instance, this guide will be instrumental in helping criminal investigation learners to be open to new perspectives and develop intellectual curiosity (Cottrell, 2008).

Glomseth, R. and Gottschalk, P. (2009). Police personnel cultures: a comparative study of         counter-terrorism and criminal investigation units. Criminal justice studies, 22(1), pp.3-    15.

This article describes that various studies have established that the notion of a single police culture does not exist. The journal explains that the culture and tasks of policy changes depending on the organizational structure of the different departments. In addition, the journal states that criminal investigators spend most of their time organizing and carrying out the investigation duties (Glomseth and Gottschalk, 2009). The article further describes that time is viewed as an important factor during ordinary policing and training, particularly when confronted with aggravated and risky crime. Due to the complexity of the dangers faced by most counter-terrorism units, they closely work with criminal investigators and thus the two share particular culture dimensions (Glomseth and Gottschalk, 2009).  This research article applied a total of 18 law enforcement officers’ values which represented cultural dimensions of potential significance to police performance (Glomseth and Gottschalk, 2009). The research drew out the characteristics of each of the reviewed values by introducing some of the study variables. For instance, the article highlighted that some law enforcement investigators highly regard prudent use of the available time as part of the culture. In addition, the research states that some criminal investigators may prefer the direct style of communication between them and a suspect or a civilian while others may prefer indirect style depending with their situation (Glomseth and Gottschalk, 2009). Also, the authors described that some police investigators may decide to be secretive with minimal communication with the environment during their investigations. The other factors which this article highlights include informal against formal ways of communicating, practical against philosophical and change against the tradition of the police investigation department (Glomseth and Gottschalk, 2009).

Cassell, P. G., Mitchell, N. J., & Edwards, B. J. (2014). CRIME VICTIMS' RIGHTS DURING        CRIMINAL INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT             BEFORE CRIMINAL CHARGES ARE FILED. Journal of Criminal Law &          Criminology, 104(1), 59-103. Available at:             https://search.proquest.com/docview/1501857819?accountid=17233 (Accessed:             24October2018)

This journal highlights whether and individual who has committed a particular crime should have his/her rights observed during an investigation proceeding as outlined in the crime victims’ right act (Cassell et al., 2014). The authors state that this act prevents most of the criminal charges from proceeding to formal charges. The issue of whether a crime suspect has the right for criminal proceeding has recently raised a lot of questions, particularly after the justice department released a memorandum which explained that the Act does not provide criminals any privileges unless the prosecutor decides to file an official crime charge (Cassell et al., 2014). Thus, in a bid to address this issue, this article describes the significance of relying on the Act before a formal charge to a crime victim. The authors describe that many crime victims involved in various offences are denied an opportunity to be active participators of a meaningful criminal proceeding, particularly when prosecutors fail to critical interpret their roles as highlighted in the Act. In addition, the article conducts a thorough review of the objective, history, and text of the Act and it concludes that offenders have their rights during crime investigations (Cassell et al., 2014). Moreover, the authors take a look at the said memorandum and criticize it for being unpersuasive. Finally, the article describes particular approaches which should be followed by criminal investigators or prosecutors when identifying or determining when rights should be attached to the crime victims (Cassell et al., 2014).

Democracy.kent.gov.uk. (2017, June 28). IMPLICATIONS OF THE POLICING AND CRIME           ACT 2017 FOR ADULT SOCIAL CARE. Retrieved from:             https://democracy.kent.gov.uk/documents/s77727/Item%208%20- %20Implications%20of%20the%20Policing%20and%20Crime%20Act%202017%20for            %20Adult%20Social%20Care.pdf

The policy objective of the policing and crime Act 2017 is focused on improving the democratic accountability of the law enforcement agencies across the country. In addition, this policy paper aims at enhancing the effectiveness and efficiency of the emergency services through closer cooperation and instilling confidence in the criminal justice system. Moreover, the policy focused on the key measures of the ACT which should have a direct influence on the councils with the responsibilities of the adult social care (Democracy.kent.gov.uk., 2017). The Act under sections 80-83 has the impact of amending sections 135 and 136 of the mental health Act of 1983.  Sections 135 and 136 of the Act grant law enforcement agents the authority to relocate or remove an individual who appears to be mentally disturbed from private and public dwellings. Furthermore, the legislation under the crime Act 2017 can be instrumental in enhancing the accountability of law enforcement department across the country and contribute to a positive change to the local authority by describing the steps which should be taken in order to manage the associated risks of current policies.

References

Cassell, P. G., Mitchell, N. J., & Edwards, B. J. (2014). CRIME VICTIMS' RIGHTS DURING        CRIMINAL INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT             BEFORE CRIMINAL CHARGES ARE FILED. Journal of Criminal Law &          Criminology, 104(1), 59-103. Available at:             https://search.proquest.com/docview/1501857819?accountid=17233 (Accessed:             24October2018)

Cottrell, S. (2008). The study skills handbook. 3rd Edition. Macmillan International Higher             Education.

Democracy.kent.gov.uk. (2017, June 28). IMPLICATIONS OF THE POLICING AND CRIME           ACT 2017 FOR ADULT SOCIAL CARE. Retrieved from:             https://democracy.kent.gov.uk/documents/s77727/Item%208%20- %20Implications%20of%20the%20Policing%20and%20Crime%20Act%202017%20for            %20Adult%20Social%20Care.pdf

Glomseth, R. and Gottschalk, P. (2009). Police personnel cultures: a comparative study of         counter-terrorism and criminal investigation units. Criminal justice studies, 22(1), pp.3-    15.

Green, S. (2016, February 9). New law could confuse police misconduct with criminal            offence. London: The Guardian.

Ormerod, D.C. and Laird, K. (2014). Smith and Hogan’s Text, Cases, and Materials on criminal          law. 11th

Edition. USA: Oxford University Press.