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Legal Constraints in Criminal Investigation

NCJ Number
93461
Journal
Irish Jurist Dated: (Winter 1981) Pages: 217-227
Author(s)
P McLaughlin
Date Published
1982
Length
11 pages
Annotation
The goals of Ireland's Garda Siochana are to prevent, detect, and investigate crime. Laws protecting criminals over victims prevent them from carrying out these tasks with great efficiency.
Abstract
The Garda reap much criticism, particularly after major incidents, as if they alone must effectively handle every criminal situation that arises. If anything, this expectation reflects the success of the Garda, success to which the citizenry is accustomed. The duty of maintaining law and order is properly that of the entire community, aided by the gardai, rather than that of the gardai, occasionally aided by a small number of public-spirited citizens. Unless the public realizes that law enforcement is a communal responsibility, and unless a general and genuine cooperation exists among the salient agencies involved, the situation can only get progressively worse. Detection is by far the best means of preventing crime. If crime is to be contained, criminals must know that their chances of not being caught are minimal. They must know that their arrests are almost certain, that their prosecution will be prompt, and that their sentences will be substantial. When other methods do not lead to investigation and detection of crime, the gardai must rely on interrogation to obtain evidence. The present system of advising every person, whether innocent or not, who is suspected, not to answer questions or make any statement, undoubtedly assists the guilty in escaping punishment, but it does not necessarily assist to clear the innocent of suspection. The Gardai face major problems in interrogation, for they are far more restricted than their counterparts in other nations. If they are to afford the public the protection it is entitled to expect, then the present legal system needs revision urgently. Notes accompany the text.