Police and Criminal Evidence Coursework Example | Topics and Well Written Essays - 8750 words

Police and Criminal tell - Coursework ExampleThe boundaries between its strict application and exercise of discretion shall be presented for the purpose of shedding more light to the public. It go forth entangle examination of all relevant decisions of the courts so that the factors affecting the exercise of discretion could be clearly identified. It ordain also include a study of connecting the policies with the actual practice in courts. Thus, legal as easily as practical recomm set asideations shall be made in the end.As a general rule, criminal laws argon enacted in order to protect the society from unscrupulous elements of the law and vindicate the rights of the victims, which have been violated by the funnys. These laws lay down the specific acts which, when committed, create a demandable right, both on the state and the individual, to pursue the suspect and indict him for the malfeasance committed. Thus, justice on the part of the victim could be obtained by merely provi ng the existence of presumable cause against the suspect so that the police authorities could straight act and apprehend the suspect for prosecution and trial.On the other hand, criminal procedure as somatic in the Police and Criminal Evidence Act 1984 (PACE) lays down the policies as well as th... Thus, justice on the part of the victim could be obtained by merely proving the existence of probable cause against the suspect so that the police authorities could immediately act and apprehend the suspect for prosecution and trial.On the other hand, criminal procedure as embodied in the Police and Criminal Evidence Act 1984 (PACE) lays down the policies as well as the limitations to be observed by the police that will serve as guidance to the magistrates who will handle the eggshell. unrivalled of the issues embraced therein is the admissibility of evidence procured by the police thru means not sanctioned by law. In short, the head is whether or not the court, for purposes of con victing the accused, should accept the evidence illegally obtained by the police authorities.Those who oppose the proposition free-base their arguments on the legal maxim that such kind of evidence is a fruit of the poisonous tree and therefore mustiness not be used. No amount of evidence, no matter how substantial it would be, could justify its use for the curse of an accused, which, incidentally, is always presumed to be innocent unless proven beyond reasonable doubt. Hence, the end does not justify the means. Indeed, if sentence of an accused will lie on evidence that has been obtained in violation of the latters rights, absolute justice will still not prevail as in the process, injustice was also meted to the accused. This should not be the case of the English judicial system.On the other hand, adherents of the proposition stand firm on the logic of the maxim, The end justifies the means. It has been argued that justice to the victims should not be