4 ms·
I think there is a commonality with the UK Police that might not be there in France and Spain that have a different MO with investigations and have an invetigat
by lbriner 5y ago
I think there is a commonality with the UK Police that might not be there in France and Spain that have a different MO with investigations and have an invetigating judge.
Michael Mansfield QC, a barrister wrote about this ages ago with the Birmingham 6, a famous miscarriage of justice that amounted to a beaten confession and prison time for innocent people. In the book he describes the problem that the police see themselves as the only frontline for law-and-order. They are under immense pressure for results from various political forces so they are given leaway to "break a few rules" and get the job done, after all, "We know he did it!"
In France, my limited understanding, is that the police do not generally investigate but the investigation comes under a judge. They will use the police to gather evidence and interview people but the pressure for a result is on the judge and not the police. The judge should ensure that laws are followed because they are part of the judiciary. If the police are then told to use some tech or not, it has already been approved by a judge, otherwise they won't risk it themselves because why should they?
- philwelch 5y ago> In France, my limited understanding, is that the police do not generally investigate but the investigation comes under a judge. They will use the police to gather evidence and interview people but the pressure for a result is on the judge and not the police. The judge should ensure that laws are followed because they are part of the judiciary. Police investigations in common law countries have judicial oversight, but it seems like a feature rather than a bug to separate judges from investigators. If the judge is in charge of the investigation, who's going to stop the judge from issuing unreasonable search warrants?