Criminal Procedure is the legal process of engaging state or government rules in outlying the procedures followed by law enforcing agencies in enforcing the criminal laws of the state. Criminal procedure hence encompasses the whole process of ensuring that crime offenders are brought before law and charged if found guilty and if not are acquitted (Esmein 21). Criminal law therefore includes sections such as investigative, evidence and adjudicative procedure that ensures non-tolerances to crime in the society. In this case, I am going to discuss the Investigative crime procedure.
Investigative criminal procedure is the primary case in criminal law where the necessitation of proving of the existence of a crime is the objective (Friedman and Joel 45). It begins as low as the state laws and constitution being able to prescribe to what extent an act is regarded a crime. This is normally contained in first sections of states’ criminal Acts. It is to this fact that a person is said to have committed a crime. Similarly, the state laws have to clearly define the weight of every crime to which it will tell of what criminal procedure be assigned to that particular crime in question. So far World Law through International Conventions has been able to identify several crimes such as robbery, gender based violations and crimes, child abuse, terrorism and other white-collar crimes.
Investigative procedure exposes the physical confrontation by the law enforcing agencies to the general public in all manner of acceptable methods such as through search into people and their properties, summoning of persons accused, interrogations, secret intelligent follow-ups, public arrest and identification (Blond and Neil 39). This process begins with reporting of offence committed. It then calls for the law enforcement agencies to prove if it is a crime before the investigation begins.
Search amounts to the general anticipated check-ups done to people at public places such as in schools, social centers, check points and others. It is usually done in support of a search warrant issued by the law enforcers. Search process enables the police to collect evidence needed during pretrial of the case to ascertain if the offence is chargeable or not.
The other methods of investigation equally assist the law enforcers get evidence to back up their case against the accused. Never the less, the choice of carrying investigation depends on the type of crime committed and the nature of the situations on the ground (Esmein 63). Such conditions include the impact of the crime and on security of the place. Similarly, at certain point substantive measures are to be taken when the accused and the crime committed imposes great danger to the public. This can make the accused be put in custody. Equally where the accused stand a chance to interfere with the ongoing investigation, then legal measures are to set to allow a proper investigative procedure.
However, the fact that many countries and states have democratic system, the burden of proof has been put on the shoulder of the prosecutor. That is, it is upon the case prosecution to prove beyond no legal doubt that the accused is guilty unlike it being the duty of the accused to prove his innocence. It has also been of importance that the defendant’s right be observed to the extent where the accused cannot secure a legal defense then it becomes the duty of the judiciary to allocate him one at the public expense. This has secured investigative criminal procedure great important since without it, will mean no evidence and therefore no adjudication process and hence case being dropped.
Blond, Neil C. Criminal Procedure. Austin: Wolters Kluwer Law & Business, 2009. Print.
Esmein, A. A History of Continental Criminal Procedure with Special Reference to France. Union, N.J: Lawbook Exchange, 1999. Print.
Friedman, Joel W. Criminal Procedure. Austin, Tex: Wolters Kluwer Law & Business, 2009. Print.