12. The criminal process: the suspect and the police

In order to investigate a criminal offence, the police may need to stop and search, arrest, detain, and/or question a suspect. This chapter explains the key rules that govern the exercise of police powers. The use of stop and search powers, in particular, has long been controversial as there is evidence that black and Asian people are more likely to be stopped than white people. The chapter also considers powers of arrest and the way in which arrests should be carried out, as well as minimum rights and standards for the detention and questioning of suspects under the Police and Criminal Evidence Act (PACE) Codes of Practice. The chapter concludes with a discussion of the factors that are considered when deciding whether to charge a suspect with a criminal offence.

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Is There Racial Discrimination in Police Stop-and-Searches of Black Youth? A Toronto Case Study

Canadian Journal of Family and Youth / Le Journal Canadien de Famille et de la Jeunesse ◽

10.29173/cjfy24300 ◽

2015 ◽

Vol 7 (1) ◽

pp. 115 ◽

Cited By ~ 1

Author(s):

Yunliang Meng ◽

Sulaimon Giwa ◽

Uzo Anucha

Keyword(s):

Racial Profiling ◽

Negative Impact ◽

Black Youth ◽

White People ◽

Neighbourhood Level ◽

Neighbourhood Characteristics ◽

The Relationship ◽

Race And Place ◽

Stop And Search

Our study investigated racial profiling of Black youth in Toronto and linked this racial profiling to urban disadvantage theory, which highlights neighbourhood-level processes. Our findings provide empirical evidence suggesting that because of racial profiling, Black youth are subject to disproportionately more stops for gun-, traffic-, drug-, and suspicious activity-related reasons. Moreover, they show that drug-related stop-and-searches of Black youth occur most excessively in neighbourhoods where more White people reside and are less disadvantaged, demonstrating that race-and-place profiling of Black youth exists in police stop-and-search practices. This study shows that the theoretical literature in sociology on neighbourhood characteristics can contribute to an understanding of the relationship between race and police stops in the context of neighbourhood. It also discusses the negative impact of racial profiling on Black youth.

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RELATIONSHIP AND DIFFERENCES OF OPTIONAL SIGNS OF THE OBJECTIVE SIDE OF THE CRIMINAL OFFENSE

International scientific journal Internauka Series Juridical Sciences ◽

10.25313/2520-2308-2021-2-6843 ◽

2017 ◽

Author(s):

Olena Maslova ◽

Keyword(s):

External Environment ◽

Variable Number ◽

Specific Situation ◽

Criminal Offence ◽

Criminal Offense ◽

Close Interaction ◽

Independent Features ◽

Objective Side ◽

The Way

The article is sanctified to research of intercommunication of situation of feasance of criminal offence with other optional signs of objective side of composition of criminal offence. Traditionally, the situation of committing a criminal offense is attributed to the optional features of the objective side of the criminal offense. The situation of committing a criminal offense is a systemic formation, which includes a number of elements that give it a qualitative definition. Any specific situation is a certain structure with a variable number of elements that make it up. All elements of the situation are in close interaction with each other, which leads to the emergence of a particular situation. It is marked the place and time in the description of the fact of committing a criminal offense can be both separate, independent features of the objective side of the criminal offense, and components of the situation of committing a criminal offense, as the conditions that create the situation must be territorially and temporally defined. Influence relationship between the situation of a criminal offense with such an optional feature of the objective party as a way of committing a criminal offense, because often the way of committing a criminal offense along with the situation of committing a criminal offense is a sign of basic or qualified criminal offense. The situation of committing a criminal offense affects the choice of a particular method of committing a criminal offense, thereby determining the presence and degree of public danger of criminal encroachment. The situation of committing a criminal offense as a certain environment, the external environment determines the nature of a socially dangerous act and the means and tools of its commission. The possibility of a socially dangerous act causing harm depends not only on the act itself, but also on the situation in which it is carried out, which in turn determines the subject's choice of means or tools to commit such an act under appropriate conditions. In a particular case, the combination of the situation and the means or tools of committing a criminal offense, provides a qualitatively new level of public danger.

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Standard of proof «sufficient reason» in the criminal procedure of Ukraine

Herald of criminal justice ◽

10.17721/2413-5372.2019.3/31-42 ◽

2019 ◽

pp. 31-42

Author(s):

M. Pohoretskiy ◽

O. Mitskan

Keyword(s):

Human Rights ◽

Sufficient Reason ◽

Criminal Offence ◽

Criminal Proceedings ◽

Criminal Process ◽

Standard Of Proof ◽

Wide Range ◽

Procedural Code ◽

Reasonable Suspicion ◽

Procedural Decisions

Based on the results of analysis of foreign doctrine, foreign procedural legislation, foreign law enforcement practice, the practice of the European Court of Human Rights. In the article explores problematic issues of the application of the standard of proof “sufficient reason” in the domestic criminal process. The relevance of the article is that the standard of proof “sufficient reason” or “probable cause” in the system of standard of proof in the domestic criminal process has a special place and using to accept most procedural decisions at the pre-trial investigation. The purpose of the article is to substantiation the main direction of using in the criminal proceed of Ukraine standard of proof “sufficient reason” taking into account the legal nature of this standard. In the article proved that “sufficient reason” is the standard of proof in the criminal proceed of Ukraine execution of which is based on “common sense” and in the factual analysis (assessment) of the whole set of facts and circumstance in their integrity, authorized entities with the use of special knowledges and experience on establishing “sufficient reason” for making appropriate procedural decision. Implementation of the standard of proof “sufficient reason” as well as “reasonable suspicion” doesn`t envisage a lack of doubt as guilty of the person. Sufficient is a possible knowledge about committing criminal offence by person with the difference that for the highest standard measures have to be higher. Moreover, within “flexible” standard of proof “sufficient reason” of the level of probability can also vary, depending on how much negatively appropriate procedural decision will affect the rights of the person. Prove that in the current Criminal procedural code of Ukraine the standard of proof “sufficient reason” is used to accept most procedural decisions at the pre-trial investigation stage in criminal proceedings, when the most reasonable suspicion of a committing person criminal offence is insufficient due to significant restrictions on human rights as a result of appropriate decision. At that, the flexible nature of the standard of evidence "sufficient reason", which consists in the required measure conviction the appropriate standard from the circumstances of the specific criminal proceedings, allows you to assert its suitability for Making a wide range of procedural decisions. Standard of proof “sufficient reason” is used for adoption of such procedural decisions: on the application of certain measures to ensure criminal proceedings; in addressing the issue of applying precautionary measures as a variety of measures to ensure criminal proceedings; in addressing the issue of individual investigative (detective) actions; in addressing the issue of granting permission for secret investigative (detective) actions and deciding on the use of the results of unspoken investigative actions in other criminal proceedings; when deciding on the placement of the person in the receiver-allocator for children (Part 4 art. 499 of the Criminal procedural code of Ukraine).

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POLICE POWERS OF STOP AND SEARCH

Intro To Policing & Police ◽

10.4324/9781843140405-9 ◽

2000 ◽

pp. 53-53

Keyword(s):

Police Powers ◽

Stop And Search

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4. Investigating crime and gathering evidence

The Criminal Process ◽

10.1093/he/9780198818403.003.0004 ◽

2019 ◽

pp. 83-120

Author(s):

Liz Campbell ◽

Andrew Ashworth ◽

Mike Redmayne

Keyword(s):

Eyewitness Identification ◽

Bodily Integrity ◽

Criminal Process ◽

Voice Identification ◽

Stop And Search

The criminal process is, to a large extent, an investigative one, existing to prepare cases for effective trial. To this end, authorities are given powers enabling them to gather evidence. But these powers can infringe numerous interests, some relating to the workings of the process itself, in addition to external ones, such as liberty, privacy, freedom from humiliation, and bodily integrity. This chapter examines how the gathering of evidence is and should be affected by these concerns and covers powers and practices in relation to the investigation of crime and the gathering of evidence. It discusses stop and search, surveillance, eyewitness identification evidence, voice identification, forensic and biometric samples, and the privilege against self-incrimination.

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Negative and Positive Interethnic Contact and the Association of Ethnic Neighbourhood Composition with Trust, Cohesion, and Prejudice

European Sociological Review ◽

10.1093/esr/jcaa032 ◽

2020 ◽

Author(s):

Mathijs Kros ◽

Miles Hewstone

Keyword(s):

Structural Equation ◽

White People ◽

General Trust ◽

Equation Modelling ◽

Interethnic Contact ◽

Asian People ◽

Multilevel Structural Equation ◽

The Relationship ◽

British People ◽

Unique Dataset

Abstract This study extends the literature on the relationship between ethnic neighbourhood composition and cohesion, trust, and prejudice, by considering the influence of both positive and negative interethnic contact. We employ multilevel structural equation modelling, with individuals nested in neighbourhoods, using a unique dataset collected in England in 2017 amongst 1,520 White British and 1,474 Asian British respondents. Our results show that negative interethnic contact, unlike positive interethnic contact, is not related to ethnic neighbourhood composition. Specifically, White British people who live in neighbourhoods with relatively many Asian British people have, as expected, more positive but, encouragingly, not more negative interethnic contact. For Asian people, living in neighbourhoods with relatively many White people is unrelated to both their positive and negative interethnic contact. Furthermore, White and Asian people who have more positive interethnic contact score higher on perceived cohesion, general trust, and outgroup trust and lower on prejudice. The opposite holds true for White and Asian people who have more negative interethnic contact.

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Is There Racial Discrimination in Police Stop-and-Searches of Black Youth? A Toronto Case Study

Canadian Journal of Family and Youth / Le Journal Canadien de Famille et de la Jeunesse ◽

10.29173/cjfy24301 ◽

2015 ◽

Vol 7 (1) ◽

pp. 115-148

Author(s):

Yunliang Meng ◽

Sulaimon Giwa ◽

Uzo Anucha

Keyword(s):

Racial Profiling ◽

Negative Impact ◽

Black Youth ◽

White People ◽

Neighbourhood Level ◽

Neighbourhood Characteristics ◽

The Relationship ◽

Race And Place ◽

Stop And Search

Our study investigated racial profiling of Black youth in Toronto and linked this racial profiling to urban disadvantage theory, which highlights neighbourhood-level processes. Our findings provide empirical evidence suggesting that because of racial profiling, Black youth are subject to disproportionately more stops for gun-, traffic-, drug-, and suspicious activity-related reasons. Moreover, they show that drug-related stop-and-searches of Black youth occur most excessively in neighbourhoods where more White people reside and are less disadvantaged, demonstrating that race-and-place profiling of Black youth exists in police stop-and-search practices. This study shows that the theoretical literature in sociology on neighbourhood characteristics can contribute to an understanding of the relationship between race and police stops in the context of neighbourhood. It also discusses the negative impact of racial profiling on Black youth.

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Mostly ‘black’ and ‘white’: ‘Race’, complicity and restitution in the non-fiction of Antjie Krog

Literator ◽

10.4102/lit.v37i1.1264 ◽

2016 ◽

Vol 37 (1) ◽

Cited By ~ 1

Author(s):

Jacomien Van Niekerk

Keyword(s):

South Africa ◽

Black People ◽

Partial Answer ◽

White People ◽

White Race ◽

Black And White ◽

Non Fiction ◽

The Way

This article analyses the role of ‘race’ in Antjie Krog’s non-fiction trilogy Country of My Skull (1998), A Change of Tongue (2003) and Begging to Be Black (2009). It explores her explicit use of terms such as ‘heart of whiteness’ and ‘heart of blackness’. Claims that Krog essentialises Africa and ‘black’ people are investigated. The article also addresses accusations of racism in Krog’s work. A partial answer to the persistent question of why Krog is so determinedly focused on ‘race’ is sought in the concept of complicity. There is definite specificity in the way Krog writes about ‘white’ perpetrators and ‘black’ victims in South Africa, but her trilogy should be read within the broader context of international restitution discourses, allowing for a somewhat different perspective on her contribution to the discussion of the issue of whether ‘white’ people belong in (South) Africa.

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Prologue

10.5406/illinois/9780252040078.003.0001 ◽

2017 ◽

Author(s):

James Wierzbicki

Keyword(s):

International Politics ◽

American Music ◽

Cultural Environment ◽

White People ◽

Men And Women ◽

Black And White ◽

Wide Range ◽

American Society ◽

The Way

This introductory chapter explains how music is considered less as a phenomenon unto itself than as a manifestation of the conditions under which it emerged or receded. The music under consideration represents a wide range of styles that attracted the attention of a wide range of audiences, which sounds have little in common. What these types of music do have in common is the fact that all of them sprang up in a particular cultural environment: the postwar Fifties. A great many forces—technology; the economy; domestic and international politics; relationships between black and white people, between men and women, between young and old—animated American society during the Fifties. The lenses through which the whole of American music in the Fifties is examined here represent forces whose interconnected dynamics between 1945 and 1963 are linked to the fact that, for America, the war ended the way it did.

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