Discuss about the Crime, Justice, and Society Implementation.
The incidents of crime are increasingly growing in the current circumstances, thus the necessity of requisite laws and their proper implementation is also growing is considered in generalized view. In order to reduce the incidents of crime, the criminals associated with crime must be detected and arrested and by applying the respective laws, the requisite punishments must be delivered to the criminals. Furthermore, in this process of delivering proper judgment from the court, the police and investigation agencies play important roles and responsibilities by collecting adequate evidence that help in delivering proper punishment to the criminal (Berger, Free, & Searles, 2005). Therefore, police investigation and evidence gathering is most important and play a vital role in delivering proper justice to the criminal cases. There are two key aspects supporting every single police investigation in New South Wales (NSW), crime scenes and evidence gathering. These two aspects play crucial roles in policing and influence the police department in approximately every major investigation (Bosworth, Hasselberg, & Turnbull, 2016). Moreover, there are significant relations between crime scenes and evidence gathering in order to collect the necessary information about the criminal cases and in this matter Locard’s Principles are very useful and in this report it will be explained in a detail way.
It is very important to investigate the crime scenes and gather information on the crime from the place where the crime has taken place or occurred. It is the duty of the investigating officers to collect the necessary information of the crime. The investigating officer examines each and every fact and figure seen in the crime scene and collects the necessary information regarding the case considered. In the undertaken case, it is observed that a break and enter occurred within a new estate. It had been raining for some time. Therefore, the area around the house was muddy. When the observer entered into the front door of the premises he observed footprints on the cement footpath, he observed that a glass panel of front door has been smashed. Besides this, he noticed pieces of glass landed inside the house with some of the pieces of glass have spattering’s of blood. Inside the house, he noticed some more footprints on the tiles of the house. The house was ransacked as well as there are a number of trails of blood droplets, which were going from one room to another room. There was an open bottle of beer on the kitchen counter, which was half consumed and there were sears of blood on the level. The neighbors noticed police was trying to enter the premises of the victim and in a short while the victim arrived and tried to get entry into the house (Cornwell, 2013). It was the situations of the incident, which occurred at the new estate. According to the Locard’s principle whenever, a person makes contact with another person, they exchange physical materials among themselves. According to Locard, where a criminal goes or else a crime is performed, he/she comes in contact with the things. A criminal may leave all sorts of evidence inclusive of the DNA, fingerprints, blood, hair, skin cells, body fluids, fibers or a piece of clothing and many more. Moreover, at the same time he/she also take something from where the incident takes place(Smith, 2016) . As per the principle every single contact leaves a trace that means the perpetrator, who set up the criminal activities to bring something into the scene where the crime occurred as well as he/she left from there with something from there and both may be used as forensic evidence. Moreover, according to the Norris Smith, DNA is most pivotal in this matter as by testing of DNA the criminal figure prints evidence can be collected easily and that would be more strong evidence against the criminal (Loeve, 2013). As per the senior forensic biologist Dr. David Bruce, who works in Forensic Analytical & Science Services (FASS), DNA (deoxyribonucleic acid) is a blue print of the human being Each and every single cell is composed of DNA. Furthermore, two individuals cannot have the same DNA, unless the two persons are identical twins. The use of DNA technology in order to examine and process crime scenes to trace DNA has been started from 2001 in order to detect the offenders (Hayes, Hayes, Prenzler, & Hayes, 2008). Moreover, DNA is the most powerful tool for the investigation of the crime events. The advance DNA technology enables the investigators to re-analyze the crime scenes from the past so that the crime of homicides, armed holdups, break and enters and cases of sexual assaults can be re-investigated by this advanced DNA technology and henceforth the criminal can be easily detected. In this particular case, the blood from glasses and from the level of the bottle can be collected and can be examined with the help of the DNA technology in order to detect the person who entered into the house (Joyce, 2006).
Apart from this, the footprints from the cement footpath and the tiles of the house can be considered as important evidence in relation to the case. It is clearly observed that the perpetrator of the case entered in to the house by breaking the glass panel on the right hand side of the door thus creating an entry through the broken panel of the door and in doing this, he was injured, resulting in blood being found on the pieces of glass as well as the blood droplets also found in several rooms wherever, the offenders went during the time when he/she were in the house. The offender also consumed beer can be proved when the observer can be able to take fingerprints from the half empty beer bottle, which can then become an powerful evidence for this crime. The blood can be evidence for the criminal incident and can be produced as strong proof against the suspect as it confirms the crime has been performed by the respective criminal. Besides this, from the blood, sample of DNA can be collected and can be tested and matched with the criminals, which will deliver a strong proof against the criminal and help in setting up a reasonable punishment for the respective criminal, who performed the criminal activity (Prenzler & Ronken, 2001).
It was observed that the incident of break and enter occurred on a rainy day within a new estate, the area surrounding to the house became muddy, and thus it is assumed that the perpetrator of the criminal case took a chance of the environmental hazards (Smartt, 2006). The perpetrator could have drunk the beer which was found there. The beer was consumed by the perpetrator because there were smears of blood on the level of the bottle and it is perceived that there were blood spots here and there in the house. It could be assumed that in order to make an entry to the house the perpetrator was injured and his/her blood was spread here and there in the house. The crime scene is a place, thing or areas where the incident occurred and physical evidence can be found. The case has been investigated and footprints have been noticed on the cement footpath. Therefore, it shows that evidence is found at the crime scene will help to investigate the case appropriately and effectively. The glass panel of the front door on the right hand side has been smashed. The glass pieces landing inside the house and some of which have spattering of blood. Further footprints are also identified inside the house and house appears to have been ransacked (Watson, Gleeson and Higgins, 2013). The investigation also reveals number of blood droplets that goes room to room. Section 88 of Law Enforcement Responsibilities and Powers Act 2002 explains that the investigator or the police should investigate the crime scene appropriately, exercises the powers and establishes control on the crime scene. The evidence found at the crime place should be protected from potential risks of being lost or being damaged due to certain circumstances. The main goal of the investigator is to collect evidence that will help to identify the culprit (Loeve, 2013). Section 92 (2) LEPRA explains that a police officer can exercise power set out in the section 95 (1) (Saferstein, 2007).
Section 94 LEPRA states that police should search, preserve and gather evidence in relation to the crime situation. The evidence that has been collected at the crime scene are footprints, broken glass panel, blood droplets and vulnerable situation of the house. The investigation process includes questions with the victim and treating him with care as well as will help to identify the time the crime occurred. According to Locard’s Principle, that every time an individual makes contact with another place, thing or people, results in the exchange of physical materials (Devereux, Blake and Kenny, 2012). A Criminal or the culprit can leave all sorts of evidence such as skin cells, hair, footprints, fingerprints, fibers, bodily fluids, cloth pieces and more. The gathering of evidence helps to investigate the crime situation appropriately. The main goal of the investigator or the police officer is to collect, recognize and document evidence from the crime scene.
Solving the crime situation depends on the ability of the investigator to piece together the picture and forming the picture of what has happened. Information collecting from people present at that situation will provide a clearer picture of the crime of what has happened. Witnesses play a significant role in helping the police achieve a final result. The responsibility of a police officer is to investigate the crime situation which is considered as difficult to perform (Burton and Mackenzie, 2006). A crime scene is a private or public place as long as the investigator suspects on the reasonable grounds which is essential to observe the situation. It is significant that the integrity of the crime scene should be maintained by the investigator. LEPRA section 91 empowers the police officer or investigator to investigate the situation. The investigator should take appropriate steps to protect the evidence at the crime place and section 92 of LEPRA empowers the investigators. Section 92 (3) of LEPRA empowers investigator to operate the crime scene for not more than three hours. The investigator should use all the powers that are described in the section 95 LEPRA (Barker, 2005). The powers of the investigator include taking necessary action or investigation to locate, search, record, seize, locate, photograph and obtain all the things that provide appropriate evidence. The investigation will help to identify the victim with the help of evidence collected at the crime scene.
The significance of Locard’s exchange principle provides the appropriate collection of the physical materials with tracing all the evidences. Trace evidence seems to be factual and thereby unlike the human beings, the excitement of the moment helps in the creation of the human failure in order to find the silent witness and thereby the physical evidence cannot be proved wrong in the case of violent crime action (Vito, Kunselman, & Tewksbury, 2008). It thereby also helps in the creation of the appropriate proof for the judgement of the crime that seems to have taken place. Solving the crime is totally dependent on the investigator and thereby the evidence helps in the recognition of the type of the crime that had taken place.
The key ideas that are depicted regarding the tracing of the evidence indicates the direct evidence and the circumstantial evidence. The direct evidence includes the first hand observationswhich are the informations that are collected from the the video cameras, dashboard accounts at the police stations and the witnesses. The circumstantial evidence includes the suspects and the evidences which are considered as per the Locard’s exchange principle regarding the evidences.
The effective underpinning ideas that are gathered in this case helps in determining the process for the evaluation and the investigating processes also (Joyce, 2006).
References
Barker, D. (2005). Essential Australian law. Sydney, N.S.W.: Cavendish.
Berger, R., Free, M., & Searles, P. (2005). Crime, justice, and society. Boulder, Colo: Lynne Rienner Publishers.
Bosworth, M., Hasselberg, I., & Turnbull, S. (2016). Punishment, citizenship and identity: An Introduction.Criminology And Criminal Justice, 16(3), 257-266.
Burnscott, L. (2010). Lost and found. Mankato, Minn.: Smart Apple Media.
Burton, K. and Mackenzie, G. (2006). Criminal law in Queensland and Western Australia. Chatswood, N.S.W.: LexisNexis Butterworths.
Cornwell, D. (2013). Civilising criminal justice. Hampshire, U.K.: Waterside Press.
(2016). Retrieved 10 September 2016, from https://www.police.nsw.gov.au/__data/assets/pdf_file/…/Class-320-is-ready-for-duty.pdf
Smith, N. (2016). Nowhere-to-hide. www.police.nsw.gov.au. Retrieved 11 September 2016, from https://www.police.nsw.gov.au/__data/assets/pdf_file/0007/268891/Nowhere-to-hide.pdf
Devereux, J., Blake, M. and Kenny, R. (2012). Kenny criminal law in Queensland and Western Australia. Chatswood, N.S.W.: LexisNexis Butterworths.
Hayes, H., Hayes, H., Prenzler, T., & Hayes, H. (2008). An introduction to crime and criminology. Frenchs Forest, N.S.W.: Pearson Education Australia.
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Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (Austlii)
Loeve, A., Bilo, R., Emirdag, E., Sharify, M., Jansen, F., & Dankelman, J. (2013). In vitro validation of vaginal sampling in rape victims: the problem of Locard’s principle. Forensic Science, Medicine, And Pathology, 9(2), 154-162.
O’Malley, P. (2002). Globalizing risk?: Distinguishing styles of `neo-liberal’ criminal justice in Australia and the USA. Criminology And Criminal Justice, 2(2), 205-222.
Prenzler, T. & Ronken, C. (2001). Police Integrity Testing in Australia. Criminology And Criminal Justice, 1(3), 319-342.
Saferstein, R. (2007). Basic laboratory exercises for forensic science. Upper Saddle River, N.J.: Person/Prentice Hall.
Smartt, U. (2006). Criminal justice. London: SAGE.
Sparks, R. & Newburn, T. (2002). Introduction: How does crime policy travel?. Criminology And Criminal Justice, 2(2), 107-109.
Vito, G., Kunselman, J., & Tewksbury, R. (2008). Introduction to Criminal Justice Research Methods. Springfield: Charles C Thomas Publisher, LTD.
Watson, J., Gleeson, J. and Higgins, R. (2013). Historical foundations of Australian law. Annandale, N.S.W.: Federation Press.
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