CSS Solved Criminology Past Paper CSS Special 2023 | Criminal Justice System Investigation Process
Question Breakdown
In this question, the examiner has asked the aspirants to explain the importance of the investigation process in the criminal justice system. In order to secure good marks in this question, one ought to explain the procedures of criminal investigation and their importance. Moreover, delineating the ways through which the investigation process can be effective is paramount. In order to enhance the quality of one’s answer, definitions of criminal investigation given by various scholars can be added. The question can be made outstanding by including diagrams and flow charts, as well as providing explanations through various examples and theories.
Outline
1- Introduction
2- Definition of Criminal Investigation
3- Importance of the Investigation Process in the Criminal Justice System of Pakistan
- ✓Unveiling the Truth
- ✓Protecting the Rights of Victims along with the Accused
- ✓Preventing False Convictions
- ✓Ensuring Fair Trials
- ✓Deterring Future Crimes
4- Measures to Make the Investigation Process More Effective in Pakistan
- ✓Training of Law Enforcement Personnel
- ✓Investing in Forensic Infrastructure and Technology
- ✓Preventing Political Interference
- ✓Ameliorating Accountability and Transparency Mechanisms
- ✓Incorporating Digital Means
- ✓Increasing the Wages of the Criminal Investigation Department
5- Critical Analysis
6- Conclusion
Answer to the Question
Introduction
Criminal investigation was unknown to the world till the 13th century; however, later on, two systems were introduced known as ‘Justice of Peace’ and ‘Perish Constable’. These systems introduced by the King of England were valid until 1829. According to Curzon, criminal investigation can be defined as “a legal process, which aims at finding out the culprit and collecting evidence”. Sections 156 to 170 of the Code of Criminal Procedure 1898 put forth that the SHO or an officer authorized by the SHO is empowered to conduct an investigation in Pakistan. The principles of criminal investigation ensure legitimacy, transparency, and moral behaviour amid the process. Furthermore, these key principles help gather detailed information, protect human rights, and ensure justice. However, training police personnel, impartial investigation, and accountability are crucial for improving the investigation process in Pakistan. Accentuating the importance of investigation procedures in the criminal justice system, David Bayley says
“The investigation process is the backbone of the criminal justice system; without it, the truth remains hidden, and justice cannot prevail.”
Definition of Criminal Investigation
The word “investigation” is derived from the Latin words ‘investigatio, investigates, and investigatum’, meaning ‘track, footprints, or following the footprints’. Criminal investigation is the close examination of the criminal activity. According to Section 4(L) of the Code of Criminal Procedure 1898 (CrPC), a criminal investigation can be defined as
“All the proceedings conducted by the police officer for the purpose of collection of evidence and digging out the truth.”
“Systemic method of legal and medical inquiry of a criminal activity, interpreting, documenting, recording, interrogation of evidence and accused.”
The criminal investigation provides a framework for the entire justice process. This is an effort to examine the facts, circumstances, motives, corpus delicti (body of crime), and modus operandi (method of crime).
Importance of the Investigation Process in the Criminal Justice System of Pakistan
According to Chapter 15 of the Punjab Police Rules 1934, a police officer is duty-bound to trace out the facts regarding the commission of a crime. After the crime is committed, the First Information Report (FIR) is registered, and the investigating officer reaches the site of the crime to start the criminal investigation process while adhering to certain principles to find the actual culprit. Section 150 of the Code of Criminal Procedure 1898 deals with the start of the investigation process. All of the tangible evidence is collected and handled meticulously throughout criminal investigations. Section 157 of the Code of Criminal Procedure 1898 (CrPC) states that evidence ought to be gathered from the site of the crime, such as bloody clothes, stains, and weapons used in the offence.
Unveiling the Truth
Unveiling the truth is the foremost responsibility of officers carrying out the investigation procedures. They ought to ensure that the investigation process is impartial and based on facts as accurate investigations are the backbone of justice.
Protecting the Rights of Victims along with the Accused
The rights of not only the victims but also the accused are to be protected in the investigation process. This can be done by ensuring impartiality in investigations and fairness in trials. Jerome Skolnick delineates
“The integrity of the investigation process is essential to safeguarding the rights of all parties involved, ensuring that justice is both served and seen to be served.”
For instance, in the contemporary era, blasphemous allegations are common in Pakistan. In such situations, it is crucial to protect the rights of the accused and carry out a thorough investigation in order to unveil the truth.
Preventing False Convictions
Through proper investigation, one can collect factual and reliable evidence in order to find out the offender. However, false accusations, forceful confessions, and wrong evidence can lead to the conviction of the innocent. When a seven-year-old girl, Zainab, was abducted and murdered in Kasur, Pakistan, in 2018, DNA samples were analyzed by the Punjab Forensic Science Agency (PFSA), and extensive interviews were conducted in order to prevent any false convictions.
Ensuring Fair Trials
A thorough investigation process leads to fair trials as the trial process is heavily reliant on the evidence collected during the investigation process. Only if the evidence is accurate can the legal proceedings be fair. For instance, in the Benazir Bhutto Assassination Case, national organizations like the FederalInvestigation Agency (FIA), as well as international organizations such as the United Nations, conducted impartial and fact-based investigations without any political interference. Similarly, in the O. J. Simpson trial in the United States, proper evidence was collected to ensure its impartiality.
Deterring Future Crimes
Conduct of a proper investigation process highlights that criminals will be punished for their crimes, thus deterring the likelihood of future crimes to a large extent. For example, the National Accountability Bureau (NAB) is responsible for investigating corruption committed by public officials, helping deter corrupt practices in the government sector. Furthermore, Operation Zarb-e-Azb in Pakistan was based on intelligence and investigative endeavours in order to reach the terrorist havens, which helped deter future acts of terrorism for a significant period of time.
Measures to Make the Investigation Process More Effective in Pakistan
In order to ensure the efficacy of investigation process, law enforcement personnel ought to be properly trained in investigation tactics, cybercrime, and forensic science. Moreover, DNA analysis, fingerprinting, and digital forensics can be utilized to ameliorate the accuracy of evidence. Despite this, increasing collaboration between public and law enforcement agencies can also help improve the investigation process.
Training of Law Enforcement Personnel
In Pakistan, there is a lack of proper personnel training and sufficient resources in the police departments. Likewise, women are mostly unwilling to report cases of sexual violence because police officers are not empathetic towards them. Therefore, capacity building and training of police officers is crucial, specifically in these areas: interview techniques, forensic science, management of crime scenes, and digital investigation.
Investing in Forensic Infrastructure and Technology
In the contemporary era, investing in advanced technology along with forensic laboratories is paramount for collecting evidence. In Pakistan, traditional methods are used, which serve as the primary cause of inaccurate and ineffective investigation processes. Thus, it is essential to enhance the forensic capabilities of police departments in Pakistan, for instance, by providing DNA testing laboratories, digital forensic labs for dealing with cybercrimes, and fingerprint analysis units. Barry A. J. Fisher is of the notion that
“Forensic evidence strengthens investigations by providing objective, scientific proof, reducing reliance on circumstantial evidence.”
Preventing Political Interference
Political interference in the tasks of law enforcement agencies is the primary impediment to effective investigations. The investigating officers are often under pressure to manipulate the facts, target specific individuals, or overlook heinous crimes. According to Robert Klitgaard
“Independent investigations are key to maintaining fairness and integrity in the criminal justice system.”
Therefore, conducting investigations without political influence is significant for their effectiveness.
Ameliorating Accountability and Transparency Mechanisms
According to Transparency International,
“Without accountability, there can be no trust in the investigation process, leading to a breakdown in the rule of law.”
So, to protect police departments from corrupt practices, internal surveillance units can be established to monitor police officers’ misconduct. Moreover, performance audits of investigating officers can also help understand whether the officers are carrying out the investigation process transparently.
Incorporating Digital Means
For proper record-keeping and effective investigation processes, digital means can be incorporated, which can help in tracking cases and managing evidence effectively. In the Punjab province of Pakistan, the Police Record Management Information System (PRMIS) has been introduced to track the progress of investigations and manage police records digitally. Such systems ought to be expanded to other provinces to ensure efficiency and transparency.
Increasing the Wages of the Criminal Investigation Department
Despite this, increased wages of investigating officers can help make the investigation process more effective because it will minimize corrupt practices, increase transparency, and attract skilled as well as talented people towards the job. For example, in the Punjab Police, initiatives were taken to increase salaries, which helped ensure relatively transparent investigations. Moreover, the number of officers accepting bribes and those accused of it was reduced.
Critical Analysis
In order to strengthen the trust of the public in law enforcement agencies as well as the criminal justice system, transparent and proper investigations are paramount. According to Albert Reiss
“The public’s confidence in the criminal justice system hinges on the thoroughness and fairness of the investigation process.”
When the public has confidence in the criminal justice system, more crimes are reported, and the likelihood of crimes can be considerably mitigated due to a fair investigation process. However, in Pakistan, the efficiency of investigation processes is hindered due to political influence, insufficient resources, and a lack of police officers’ training. Nonetheless, in Khyber Pakhtunkhwa, police reform initiatives like the establishment of Special Investigation Units endeavour to upgrade the quality of investigation and ensure transparency in the process, thus enhancing the public trust in the criminal justice system.
Conclusion
To cap it all, the process of criminal investigation is about solving crimes, capturing criminals, and gathering evidence for prosecution. Adherence to a number of fundamental principles, which have their roots in the theoretical and practical underpinnings of criminology, is crucial to the effectiveness of any investigation. Nonetheless, the criminal investigation process faces several challenges in developing countries like Pakistan due to outdated frameworks and the lack of professionalism of investigating officers. However, as the investigation process is the backbone of the criminal justice system, ensuring accountability and transparency in the process is crucial. A British judge, Lord Denning, said
“An investigation must seek the truth, the whole truth, and nothing but the truth, for without truth, justice is impossible.”
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