NCJ Number
67597
Date Published
Unknown
Length
12 pages
Annotation
REVISIONS TO THE ENGLISH RULES GOVERNING CRIMINAL PROCEDURES ARE CRITICIZED FROM AN OPERATIONAL POLICEMAN'S PERSPECTIVE AS UNNECESSARILY RESTRICTING POLICE DISCRETION AND HINDERING LAW ENFORCEMENT.
Abstract
THIS PAPER IS AGAINST THE REPLACEMENT OF JUDGES RULES ON CRIMINAL PROCEDURES WHICH WILL LEND THEMSELVES TO EXPLOITATION BY THE GUILTY. THIS PAPER CITES SEARCHING SUSPECTS IN CUSTODY AND DETENTION OF THEIR PROPERTY AS ONE OF THE TARGETS OF THE THREATENED REVISIONS. OTHER AREAS INCLUDE PREARREST POWER TO DETAIN AND QUESTION CITIZENS ON REASONABLE SUSPICION, VEHICLE SEARCHES, THE EXCLUSIONARY RULE, THE NAMING OF SPECIFIC MINORITIES AS ENTITLED TO SPECIAL PROTECTION UNDER THE LAW, AND THE REQUIRED MONITORING OF POLICE INTERVIEWS AND INTERROGATIONS OF SUSPECTS. POLICE BEHAVIOR AND PUBLIC RECOGNITION OF POLICE OFFICERS' PROFESSIONALISM, LEADING TO COOPERATION, CAN WARD OFF RESENTMENT OF LAW-ABIDING CITIZENS AT BEING QUESTIONED IN CONNECTION WITH A CRIMINAL INVESTIGATION. NARROWER LEGAL DEFINITION OF POLICE DISCRETIONARY POWERS WOULD HELP POLICE OFFICERS AND THE PUBLIC ALIKE IN A DELICATE INTERPERSONAL RELATIONS AREA. A REASONABLE REVISION OF THE EXISTING CRIMINAL PROCEDURES WOULD REQUIRE COMPULSORY PARENTAL ATTENDANCE AT POLICE INTERVIEWS OF JUVENILE DETAINEES, AND WOULD REQUIRE THE ATTENDANCE OF PHYSICIANS AT POLICE STATIONS IN CASES OF INSANE DETAINEES, TO FACILITATE THE LATTER'S COMMITMENT. OTHER IMPROVEMENTS COULD BE MADE IN THE STRUCTURE OF THE PROSECUTION SYSTEM, SINCE THE SCARCITY OF POLICE PROSECUTORS SOMETIMES FORCES POLICE OFFICERS TO MAKE PROSECUTING DECISIONS. THE PAPER CONCLUDES BY CALLING INCREASED CONTROLS AND REDUCED FLEXIBILITY IN RELATION TO CRIMINAL PROCEDURE DETRIMENTAL TO JUSTICE, AND STATES THAT REVISIONS TO THE EXISTING SYSTEM SHOULD BE DESIGNED ONLY FOR THE PURPOSE OF FACILITATING CRIMINAL DETECTION.