LAW- LEGAL ISSUES

Law- Legal Issues

Law- Legal Issues

Scenario 1

In the first scenario, the prosecution has all the evidence that required convicting Nathan for the punishment because there is certain reliable evidence that support in favor of the criminal damage. In the current scenario there are many aspects to undergo because the evidence that available for the prosecution showed that this case has a lot to discuss.

The study based on the Full Code Test section 4 and in this section there are enough articles that in favor of doing the prosecution and file criminal charges against Nathan because initially when Nathan was arrested, the offense against him breaking the wind screen of her wife's car.

The article 4.5 showed that the preliminary inquiry is a stage of criminal proceedings. In it, prosecutors conducted the necessary investigations to obtain evidence to prove or demonstrate the existence of the crime and probable responsibility of the accused, that is, the person identified as the author or responsible for the crime. In the given scenario, there is much evidence available, so the author felt that Nathan can be charged of the criminal offense.

However, based on the material written in the article 4.7, it is the duty of the prosecutors to look for the authenticity of the evidence because sometimes evidence is there but due to some pressure or any other problem eye witness might change their opinion regarding the situation. Similarly, in the case of the Nathan, there are possibilities that the eye witness might change their view because one of the eye witness are Nathan own twin children, might be possibilities are there that children may change their view. Therefore, prosecutors must get prepared themselves for such an issue.

Sometimes it happen that when the prosecutors start preliminary investigation, prosecutors have arrested the alleged perpetrator of the crime. This happens, for example, in the case of Nathan because he was arrested from the crime spot like a robber (Kocsis, 2007, pp. 121-130).

This type of crime formed when three or more people organize to commit, and settled permanently or insistent, terrorist offenses, car theft, kidnapping, or when they do to smuggle weapons, undocumented persons, minors, organs or banned substances. It is possible to identify three moments in the preliminary investigation, which correspond to three types of actions required of the prosecutor during this phase:

First step: the news of the crime.

It is the time when the public prosecutor finds or notified that a crime committed. This authority may learn that a crime committed in several ways: One is the allegation that make crime victims and other persons who known to have made the same (Hagan, 2008, pp. 154-163). Another way is the lawsuit, which also consists of a notice from the crime victim, but only for certain crimes. Finally, prosecutors may learn that the crime committed by a police report in cases where it stopped the suspect red-handed and is available to the prosecutor, immediately after capture. In any of these forms, the prosecution obliged to receive ...