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

practice of law and Criminal Evidence - Coursework ExampleThe boundaries between its strict application and process of treat shall be presented for the purpose of shedding more light to the public. It will include examination of all relevant decisions of the courts so that the f boutors affecting the exercise of discretion could be clearly identified. It will also include a study of connecting the policies with the actual practice in courts. Thus, legal as well as interoperable recommendations shall be made in the end.As a general rule, criminal laws are enacted in order to protect the society from unscrupulous elements of the law and punish the rights of the victims, which have been violated by the suspects. These laws lay pour 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, arbitrator on the part of the victim could be obtained by merely pr oving 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 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 focus to the magistrates who will handle the case. One of the issues embraced therein is the admissibility of evidence procured by the police thru means non sanctioned by law. In short, the question is whether or not the court, for purposes of convicting th e accused, should accept the evidence illegally obtained by the police authorities.Those who oppose the proposition base their arguments on the legal maxim that such kind of evidence is a harvest-tide of the poisonous tree and therefore must not be used. No amount of evidence, no matter how substantial it would be, could justify its use for the conviction 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 conviction of an accused will lie on evidence that has been obtained in infringement 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 discriminatory 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