Criminal Identification Procedures in the 21st Century

Subject: Law
Pages: 9
Words: 2248
Reading time:
9 min
Study level: College

Introduction

Inventions and innovations are continually put in place to look for better ways in fighting crime. On the other hand, crime preferences have increased and the way they are executed has changed. To keep in line with the developments, criminal justice system is developing measures aimed at fighting crimes effectively. Criminal justice procedure consists of a set of legal and social institutions that are mandated with the duty of enforcing criminal laws that exist in a particular country.

It aims at maintaining social order and punishing the offenders. The system has three main players; law enforcers, courts, and corrections. The three players are interdependent thus; decision of one affects the other (Craddock, 2004). This paper will discuss modern methods of fighting crime by use technology; it will also evaluate the breakthrough and the success attained and finally give recommendations on how the system can be improved further.

Method of Approach

This paper will take each player in criminal justice system and analyze the technological changes, which has occurred in his area. This will also assist is explaining how the development has assisted the particular person in performing his role in the justice system.

Police

The world is changing socially, economically, politically, and technologically; so does crimes and methods of fighting crime. Traditionally, there was burglary crime where thieves used to use force to commit crime, although the system of crime is still there, it has been overtaken by other “softer” but effective means like use of guns to threaten. There is also increased cases of cyber crimes, personification among other modern form of crime. The trend requires more prepared law enforcers

Criminal record and crime rate databases

In all countries, there has been a fresh training of police officers different from the traditional one where emphasis is now put on surveillance and information gathering. Surveillance will involve the use of information database that interpolate the situation and offer information about a likelihood of a risk. After the information is gathered, it is interpolated to predict the occurrence of a crime in the particular area. Before the crime has occurred, there is some information available that can be interpolated and prevent the occurrence of the crime before it has actually happened.

To fight crime law enforcers are not waiting for a crime to happen so as they can react, but they are putting on surveillance measures to predict the occurrence of crime and curb it before it is too late. The use of computers has also assisted in a great deal where they are used to collect data, interpolate it, and make sense out of it. This assists enforcers to make sound decisions. This will increase crime fighting (Wildasin & Richard 2001).

Use of Deoxyribonucleic Acid (DNA) Analysis

Police are the first contact that a suspect has. In every point of a crime, there is always some information that can be constructed to recognize the person who did the crime. Fingerprints left on a surface of crime contain biological material of the person who left the fingerprints. The biological materials have a DNA and they can be constructed to get information about the case. Police are the ones who investigate the wrongdoing and make arrest. They should collect all data inform of fingerprints then get to the lab and interpolate them. With this, they are able to know the offender.

Biometric Identification

The system uses some unique physical features that a person have in identification of whether he is the one who conducted a crime (authentication) or collecting data from a crime spot. The most used features are fingerprints, ears shape, eyes, faces expressions, and body posture. They can be collected when left on a spot of crime or incases of crime recording (use of technology like CCVT) can be used to identify a person. When they are collected, they are matched with features of a suspect and the offender recognized for due process in law.

Modern ways of recording data like taking of photos, recording of interrogations is on the increase and it is going to be made better with time. When warranted, they are allowed to use force and other legal coercion in their efforts to keep peace and order; they interrogate the suspect and advise the court on the proceeding of the case (Cant, & Standen, 2007).

Use of GPRS System

This is the use of internet signals to detect crime and recognize a point of crime. The system is mostly employed when phones, computers, and motor vehicles connected to the internet are used in crime. In this, for example, a computer chip is connected to a motor vehicle, when the vehicle has been stolen, then a code for the motor vehicle is entered into the system where the system detects the exact place that the vehicle is. This assists in recovering the vehicle.

Fingerprint and Palm Print

People have different fingerprints and palm prints; in most countries these prints are recorded and kept by government. Incase of a crime all the police will need to do is to recover the finger left at the site of crime and match them with those available in their database. The prints that they fit will offer information about the person, which could lead to his arrest. When using a computer database, matching the prints is easy, fast and precise (Evett & Bruce, 1998).

Camera and Wiretap Surveillance

Cameras are set in places where crime preference (to occur) is more; they then are supposed to record data about the people who are in the place, their activities. In case of crime, the recorded data is called for an interpolation. Offenders will be known. There are other instances that they record conversations and then the information can either be used for surveillance or can be used to recognize who did the crime.

Courts

This is where disputes are settled and justice administered. They involve public offices, which are trial and appellate courts, prosecution, and public defender offices. There is also the participation of the private sector when the suspect is represented by a private lawyer. Today, hearing can be made in courtrooms but with technology, it will be possible for someone to be prosecuted when not physically in court. Followers of proceedings also do not need to be in a court since they can be reached with teleconferencing.

E-Justice and E-governance

The use of computers in court rooms have increased. This is where a judge does not need to be physically present in court for a case to proceed but can administer justice at a distance. It also follows that database of cases previously determined are kept in a catalog that can be retrieved when making judgment.

The use of the same technology has assisted petty crimes to be prosecuted on the spot. This is where a person commits petty crime (like traffic offence) and instead of being aligned in court, the law enforcers are given power to fine and prosecute on the spot. Fines made are then paid using a computer system connected to all courts hence E-justice. After the case has been heard by a judge, the suspect is allowed to defend himself as well as produce any evidence and/or witnesses to support his/her defense.

Witnesses can carry on with the case over the internet; and not required to appear in court, as the case is currently. The prosecutor represents the state; he is the one to prove that the suspect indeed committed the crime. The victim of the crime acts as a witness in the case; a criminal crime is against the state and not the victim. The prosecutor may have to produce witnesses and any evidence that was collected from the scene of the crime to support a case. After the court has found the suspect guilty, there are various ways of punishing the offender; they include monetary fines, probation sentencing, and imprisonment.

The punishment will be based on the laws that govern the concerned country. The offender has the right to object the decision of the court by filling an appeal within the stipulated time according to the laws of the country (Meslar, 1990).

Globalization has brought integration of different countries; they are integrating economically, socially, and politically. The next move will be for them to have common courts where they can try offenders within a certain territory so in the future courts that prosecute a wider geographical region are likely to emerge.

Advantages of technology in solving crime

The use of technology has brought an efficient crime solving mechanism where an offender can be traced within minutes and justice administered against him. This has led to easy crime detection. Justice can be administered fast; as the saying goes justice delayed is justice denied. Using technology will assist in administering justice fast enough. They offer precise information about the incidence of a crime and offenders can be known with precision.

In cases of crime databases, they are important in detecting areas that are likely to experience a crime and measure to mitigate the occurrence of the crime put in place.

Disadvantages of this technology

Criminals are in most cases ahead of the police and are more likely to develop their own strategy to use in overcoming the already set technology. Technology is increasingly being made and this they can adopt one that counter the already one implemented by the police. Technology can only be relied up to a certain level and it denies a judge the opportunity to get information in three dimensions from the offender. Body language can give information that can assist in administering justice, however if an E-government is used, then the judge cannot rely on such factors.

They are also very expensive to install and maybe they only take a short time before they are overtaken by technology (Draine, Wilson, & Pogorzelski, 2007).

Assess the effects of these advances on constitutional rights of the accused from the perspective of due process

Offenders rights are human rights that are protected by the constitution; every country has its own rights however there are common rights internationally they are;

Right to warrant of arrest and reason of arrest

The offender has the right to demand for an arrest warrant from the arresting party. There are exemptions to this rule in cases of national/ jurisdiction warrant. After the offender is satisfied that the arresting officers is legitimized to undertake the arrest, then he has the right to know why he has been arrested.

Right to address ones testimony

In hearing, an offender has the right to speak on his behalf proving whether he committed the alleged crime or not. He is allowed to present documentary evidence in court

Right to a witness

The offender has the right to have a witness who testifies in the case. The witness is also interrogated by the court to ascertain whether the information he is giving to court is consistent and applicable in the particular case. Some witnesses are not admissible in court.

Right to interrogate

An offender has the right to interrogate any person who is witnessing in the case. This is mostly one who is witnessing against the offender. In case there is risk in such an interrogation, the prosecutor may deny an offender this right.

Right of fair hearing and appeal

An offender has the right to be tested and proven guilt in a formal court that administers the sovereign and level of crime that he has committed. During hearing, all sides of the case should be listened and decision made according to the law of a country or precedent case applicable.

In case where the offender feels that he has not been treated in the right way, he has the right to appeal. Appealing take a formal process prescribed by a country’s laws. It is restricted in terms of time of making one, the court that can hear it among other individual country restrictions (Bolick, 1997).

These rights empowers the offender in ensuring that he has been treated in the right way and offered a chance to argue his case.

Analyze the effects these advances have on the efficiency of the criminal justice system from the perspective of crime control

With advanced crime-fighting mechanism, there will be increased security in countries and the world at large. Crime rate will go down and justice administered in the correct way at the right time. When rate of crime has reduced, investors will get confidence in certain countries and invest in them. This results in an improved economy that can feed its population.

A secure place is good for business both local and international. The government expenditure on crime can be used for other purposes.

Summarize your findings and make recommendations, concerning the use and reliance on these advances

Criminal justice administration is a way of convicting a criminal. It starts with investigation by the police and ends with punishing the offender. It is administered to enforce the concerned country’s criminal laws. Technology has increasingly being used in solving crime; they involve human rights which include; Criminal record and crime rate databases, Use of Deoxyribonucleic Acid (DNA) Analysis, Biometric Identification, Use of GPRS System, Fingerprint and Palm Print, Camera and Wiretap Surveillance and E-Justice and E-governance.

To ensure that the systems are maintained, there is need for continuous improvements. Governments should upgrade their technology to be always ahead of the criminals. They should also collaborate among each other to share information that can assist in administering justice.

Reference List

Bolick, C. (1997). Civil rights and the criminal justice system. Harvard Journal of Law & Public Policy, 20(2), 391. Retrieved from MasterFILE Premier Database.

Cant, R., & Standen, P. (2007). What professionals think about offenders with learning disabilities in the criminal justice system? British Journal of Learning Disabilities, 35(3), 174-180. Web.

Craddock, A. (2004). Estimating Criminal Justice System Costs and Cost-Savings Benefits of Day Reporting Centers. Journal of Offender Rehabilitation, 39(4), 69. Web.

Draine, J., Wilson, A., & Pogorzelski, W. (2007). Limitations and Potential in Current Research on Services for People with Mental Illness in the Criminal Justice System. Journal of Offender Rehabilitation, 45(3/4), 159. Web.

Evett, W., and Bruce S. (1998). Interpreting DNA Evidence: Statistical Genetics for Forensic Scientists. Sunderland, MA: Sinauer Associates.

Meslar, W., ed. (1990). Legalines Civil Procedure. 3d ed. Chicago, Ill.: Harcourt Brace Jovanovich Legal and Professional Publications.

Wildasin, H., and Richard A. (2001). “Internet Jurisdiction.” Journal of Internet Law.