COMPARE AMERICAN AND ENGLISH POLICE INVESTIGATORY PROCEDURES EVALUATING THE DEGREE TO WHICH THEY EXTEND RIGHTS TO THE ACCUSED AND THE DILEMMA THIS POSES FOR THE POLICE

• NCJ Number: 37452
• Author(s): R BLACKMORE
• Date Published: 1976
• Length: 17 pages
• Corporate Author: Police College
• Sale Source: National Institute of Justice/
• Language: English
• Country: United Kingdom

Annotation

THIS ESSAY COMPARES THE DEVELOPMENT OF THE RIGHTS OF THE ACCUSED SINCE 1930 IN ENGLAND AND AMERICA AND COMMENTS ON THE CONFLICT THAT THIS DEVELOPMENT HAS EXACERBATED BETWEEN THE DUE PROCESS AND LAW AND ORDER MODELS.

Abstract

IN AMERICA, THE RIGHTS OF THE ACCUSED HAVE DEVELOPED THROUGH JUDICIAL DECISIONS, WHILE IN ENGLAND, ADMINISTRATIVE RULES OF THE COURTS HAVE ADVANCED THESE RIGHTS. THE DILEMMA TO THE POLICE CAUSED BY THE ADVANCEMENT OF RIGHTS OF THE ACCUSED IS WHETHER TO IGNORE RULES IN ORDER TO PROCUDCE MORE (CONSISTENT WITH PRACTICES OF DEMOCRATIC BUREAUCRACIES) OR TO ABANDON INITIATIVE IN CRIMINAL INVESTIGATIONS. THIS IS ESSENTIALLY THE SAME CONTROVERSY AS THE ONE BETWEEN THE RULE OF LAW AND THE RULE OF ORDER.