The Legal Framework for Criminal Investigations and the Relationship Essay

The Legal Framework for Criminal Investigations and the Relationship with the Criminal Justice System - Essay Example This speaks itself about the importance of tough criminal investigation procedures. In order to collect reliable and secure evidence, the investigators must put in concrete efforts so that the person found guilty should be punished in accordance with law. Therefore, for a criminal prosecution to become successful, it is extremely important that the Crown Prosecution Services should provide solid and reliable evidence to the court of law to punish the culprits. â€Å"In a number of countries where democratic set up exists and where rule of law succeed, the burden of proof lies on the shoulder of the prosecution† (Conner et al 2008). The safeguards within the legal framework designed to protect people under criminal investigation Under the UK Law, those who are convicted by the lesser courts may file an appeal to higher court for the answer they are looking for. â€Å"The hierarchy of the courts starts from the magistrates / youth courts to the Crown Court, from the Crown Court to the Court of Appeal. However, in some exceptional cases further appeal is allowed to the Supreme Court only† (Cate 2008). Appeals to Courts that are higher up in jurisdiction are restricted to the point of law. If the right of appeal is obsessive for a convicted defendant, then he or she has the option to pursue to the administrative body known as Criminal Cases Review Commission (CCRC). If there is malpractice found then this renders the conviction irrelevant and sums up to the miscarriage of justice. â€Å"There are two sorts of ‘wrongful convictions a) One where the defendant is convicted unfairly b) other where a lack of fair trial makes it difficult to determine whether the defendant is guilty or not† (Sanders and Young 2010). Conviction through unfair means is considered a miscarriage of justice that raises many suspicions. The CPS sometimes allows appeals against acquittal especially if there is an error found in the law. For example, a jury member can be rejected if they attempt to prosecute with certain kinds of evidence that the judge feels that the police lacked the required legal power to secure that evidence. In a few cases, when compelling evidences of guilt comes to surface, fresh cases against the earlier acquittals can be restarted. â€Å"An element of criminal justice, which is not taken into account, is criminal defense; as per the law of the land, anyone arrested and taken into custody by the police officials is entitled to receive free legal aid from an adviser, usually a qualified legal practitioner† (Sanders and Young 2010). Great Britain is known to set aside funds for free legal representation to its people in the ordinary courts and the Crown Court. The wealthy classes of people usually do not take the benefit of legal representation and normally pay their legal fees from their own resources. â€Å"The numbers of litigants have two options a) present themselves or b) engage a solicitor to plead the cases of the poor. This is done by the government which hires the services of solicitors for them at the government’s expenses† (Sanders and Young 2010). The operation of safeguards within the legal framework   Section 47 enquiries aim at to minimize the destruction on the personality of a child and to ensure that the families are treated in a respectable way by the agencies. The Children Social Care organizations should appraise the guardians responsible for the security of