Challenges in Criminal Investigations: Public Cooperation, Institutional Barriers, and the Need for Scientific Techniques

  • Rupali Sharma
  • Show Author Details
  • Rupali Sharma

    Assistant Professor at Bahra College of Law, Patiala, India

  • img Download Full Paper

Abstract

This research emphasizes the pronounced obstacles encountered by investigating officers in carrying out efficient inquiries within the criminal justice system. Several elements contribute to the complexity of the investigating process, such as protocol obligations, insufficient public collaboration, and pervasive distrust of the police. The allocation of protocol duties involving political leaders and VIPs sometimes diverts officers from their main responsibilities, therefore diminishing their ability to concentrate on investigations. Moreover, the unwillingness of the people to act as witnesses, along with a widespread lack of confidence in law enforcement due to perceived instances of corruption, obstructs the progress of investigations. The procedure of obtaining custody of the accused for questioning is complex, since judges are reluctant to depend on statements presented during custodial interrogations, which might provide crucial evidence. The presence of political affiliations among offenders poses additional obstacles to investigations, as their influence and power might impede the adherence to justice. Exacerbating the problem of witness intimidation, the absence of sufficient protection sometimes results in witnesses withdrawing their testimony, therefore weakening the prosecution's case. Furthermore, unethical procedures used within the investigative process, such as manipulating evidence, abuse of authority, and the employment of third-degree techniques, further undermine the integrity of investigations. To overcome these difficulties, a more open and systematic approach, using techniques like as narcoanalysis, brain mapping, and polygraph examinations, is recommended to enhance the investigation process. An adoption of evidence-based procedures, along with enhanced legal protections, may contribute to the restoration of public confidence and the establishment of a more efficient and equitable criminal justice system.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 2255 - 2278

DOI: https://doij.org/10.10000/IJLMH.118431

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021