FROM SUSPICION TO JUSTICE: REFRAMING INVESTIGATION WARRANT PROCEDURES FOR SUSPECTS' RIGHTS

Abstract

The criminal justice system's core principle is the presumption of innocence until proven guilty. This principle mandates the safeguarding of suspects' rights throughout the criminal justice process. A pivotal facet of this protection is the alignment of investigation warrant submission arrangements with justice value principles. Investigation warrants grant law enforcement officers the authority to search properties, seize evidence, or arrest suspects. However, the acquisition of these warrants must adhere to lawful, fair, and just procedures. Justice value encompasses notions of fairness, equity, and impartiality within the criminal justice system. It guarantees equitable treatment, safeguarding of rights, and public trust while preventing discriminatory practices. Empirical research underscores the close link between public trust in the justice system and perceptions of fairness and impartiality. Individuals perceiving unfairness are prone to non-cooperation and unlawful behavior. Investigation warrants are essential tools, enabling evidence gathering and arrests within the bounds of law. Nevertheless, their procurement must align with justice value principles to protect suspects' rights and uphold public trust. This study scrutinizes the legal framework of investigation warrant submission arrangements concerning suspects, delving into justice value principles. Jurisdictions vary in their approach, from reasonable suspicion to probable cause thresholds and diverse application procedures. Irrespective of specifics, justice value mandates justifiable grounds, impartial investigations, and safeguarding of suspects' rights during warrant procurement. Transparency and accountability are also vital, necessitating clear, accessible procedures, comprehensive explanations for warrant applications, and judiciously reasoned judicial decisions. Checks and balances must deter power abuse or discrimination. Given justice value's centrality in ensuring lawful, fair, and just investigation warrant submission, this study evaluates existing legal frameworks and proposes reforms. Drawing on empirical evidence, it explores justice value's significance and how it shapes investigation warrant arrangements. The paper advocates legal framework reform suggestions to uphold justice value principles. By doing so, it contributes to ongoing discussions on enhancing the criminal justice system's equity, impartiality, and fairness.