What r the merits and demerits of using dpa method for dna estimation?
Answers
Improving the ability of law enforcement agencies to identify and prove corporate crimes, by relying on information provided during the DPA process. This is particularly important in an environment where corporate crimes, by their very nature, can be difficult to establish or even detect unless a whistleblower or somebody in the know provides information to the Authorities
Facilitating compensation for victims of corporate crimes. By securing the guaranteed payment of fines through the DPA process, lengthy court battles which might result in low or no penalties can be avoided, and victims can receive payouts much more quickly and reliably.
Saving government funds and resources by avoiding lengthy and protracted legal proceedings. Prosecuting matters requires the provision of a detailed and lengthy dossier by investigators such as the Australian Federal Police (AFP) to the Commonwealth Department of Public Prosecutions (CDPP) before proceedings can commence. Not only does this process take significant time and resources, but given the opaque nature of many white collar crimes, there may simply not be enough evidence to proceed to a prosecution. This will also mean that government resources are free to focus on more significant and egregious wrongdoing.
Encouraging companies to self-report wrongdoing in hopes of avoiding prosecution. Associated with this is the potential trickle-down effect that companies will provide greater protection to whistleblowers who come forward.
Avoiding the “whole company” effect of a successful prosecution – not only the wrongdoers are affected, but employees, shareholders and even trading partners could suffer significantly.
Negotiated settlements are already being used with some effect by agencies such as the corporate watchdog ASIC in relation to certain white collar crimes under the Corporations Act 2001 (Cth). The expansion of this approach across all areas of white collar crime would provide increased coherence in Australia’s legal framework