Cr.

L- COMPARETIVE CRIMINAL PROCEDURE

Cr.L- COMPARETIVE CRIMINAL PROCEDURE PROJECT

ON
“UNDERSTANDING THE SYSTEM OF CASE MANAGEMENT IN
U.S.A. & U.K. ”

SUBMITTED TO
MS. PRIYANKA DHAR
Faculty, HNLU, Raipur.

SUBMITTED BY

PRAVAS NAIK

SEC-A, Roll-119
SEMESTER-VII

HIDAYATULLAH NATIONAL LAW UNIVERSITY

DT-24/07/2020

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ACKNOWLEDGMENTS

At the outset, I would like to express my heartfelt gratitude and thank my teacher, Ms. Priyanka
Dhar for putting her trust in me and giving me a project topic such as this and for having the faith
in me to deliver. Ma'am, thank you for an opportunity to help me grow. My gratitude also goes
out to the staff and administration of HNLU for the infrastructure in the form of our library, IT
Lab and my friends that was a source of great help for the completion of this project.

PRAVAS NAIK

SEC-A,Roll-119

ID- 1520151379

SEMESTER-VII

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CERTIFICATE OF DECLARATION

I hereby declare that the project work entitled “ Understanding The System Of Case Management In
U.S.A. & U.K” submitted to HNLU, Raipur, is record of an original work done by me under the
guidance of Ms. Priyanka Dhar.

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TABLE OF CONTENTS

1. Introduction.................................................................................................................5
2. Objectives.....................................................................................................................6
3. Research Methodology................................................................................................6
4. Case Management……………………………………………………………………7
5. Case Management In U.S.A.…………….……………………………………….…9
6. Case Management In U.K.……………………………….…………………………12
7. Conclusion ..................................................................................................................19
8. References…................................................................................................................20

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INTRODUCTION

Case management is collaborative process that assesses, plans, implements, coordinates,

monitors, and evaluates the options and services required to meet a client’s health and human
services needs.”1In simple terms it can be said that case management is about transforming
lives through individualized care and services so clients can meet their goals.

Definition of Case Management - According to Hutt et al2 described it as ‘the process of

planning, co-ordinating and reviewing the case of an individual’. The CMSA 3 defines it as ‘a
collaborative process of assessment, planning, facilitation, care coordination, evaluation, and
advocacy for options and services to meet an individual’s and family’s comprehensive health
needs through communication and available resources to promote quality cost-effective
outcomes’

A case manager holds the client’s best interests front and foremost at all times, coordinating care
and rehabilitation, tailored to specific needs following a life changing injury. The aim is always
to enable the clients to regain and maintain the best quality of life, and they work closely with
families, fund-holders and care teams to support every aspect of their client’s physical, cognitive,
and emotional wellbeing.4

However, while integrated care promises to deliver both better-quality care and cost benefits, the
evidence about what works remains mixed, due to the variety of approaches that have been
adopted. There is, moreover, a general lack of knowledge about how best to apply (and combine)
the various approaches to delivering co-ordinated care in practice. The aims of this project
examines how case management can be implemented successfully. It is the first in a series of
reports from The King’s Fund that examine key strategies designed to improve the delivery of
integrated care for people with long-term conditions. Our aim is to provide an evidence-based
resource to support commissioners and providers to implement case management as part of a
wider strategy to provide better co-ordinated care for people’s conditions.

OBJECTIVES
1
https://www.cmsuk.org/case-management/what-is-case-management
2
2004
3
Case Management Society of America
4
https://www.indliv.co.uk/case-management

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 To understand the system of case management in U.S.A. & U.K.

RESEARCH METHODOLOGY

The method of research adopted for the project is analytical methodology. For the present
project relevant data and information has been received and collected from secondary
sources and there has been use of authentic books and websites which provided reliable
information and data.

LIMITATION:

This project is done relying mostly on articles and essays published by authors online
written on“case management in U.S.A. & U.K.”. Though, such books are referred they do
not contribute to the bulk of the research and my research is mostly confined with the
online sources. The area of research is restrained only to the concept of “case
management in U.S.A. & U.K.”.

CASE MANAGEMENT

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Under There are dozens of definitions that try to pin down exactly what case management is.
case management can be used as an approach to any non-routine process.Case management is a
process that strives to achieve a specific objective by handling cases from beginning to end under
the coordination of a case manager. This can involve a number of different teams, as well as a
variety of processes.

To understand this better, let’s look at the legal professions and how they use case management.
We’re accustomed to talking about “cases” in this context. “The lawyer is handling my case,” we
say – but just how is he or she doing that?

Case management5 can be defined as “a collaborative process that assesses, plans, implements,
coordinates, monitors, and evaluates the options and services required to meet a client’s health
and human services needs.” At its core, case management is about transforming lives through
individualized care and services so clients can meet their goals.

There are four key components within this definition that make up successful case management 6:
Intake, Needs Assessment, Service Planning, and Monitoring and Evaluation. Human service
organizations of all sizes require the correct implementation of each of these four components in
order to ensure client success.

Let’s go into why these four components are so essential to case management.Intake is the initial
meeting between a case manager and a new client. The case manager uses this time to gather
demographic information about the client, identify any immediate needs, and begin to establish
trust and build a relationship. This first interaction is helpful for a case manager to determine if a
client would benefit from the services your organization offers. If they would, they then move on
to assessing the client’s individual needs. If their needs fall outside your organization, the case
manager works to identify and refer the client to an outside community resource.

The Needs of Assessment stage builds on the information collected during the Intake stage,
going into greater depth on the client’s individual challenges and goals. During this stage, a case

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https://cmbodyofknowledge.com/content/case-management-philosophy-and-guiding-principles#:~:text=Case
%20management%20is%20guided%20by,and%20mental%20and%20behavioral%20health.
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Case management is guided by the principles of autonomy, beneficence, nonmaleficence, and justice.Case
managers come from different backgrounds within health and human services professions including nursing,
medicine, social work, rehabilitation counseling, workers’ compensation, and mental and behavioral health.

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manager’s primary objective is to identify a client’s problems, interests, and risks to success.
While every client goes through this stage when they first come to an organization, it’s important
to re-assess over time as needs and circumstances often change.

The Service Planning stage is particularly important to the success or failure of a client. A case
manager establishes specific goals and the actions that will be taken to meet those goals. The
result of this goal-setting process is a case plan inclusive of outputs and outcomes that will
measure a client’s success. A service plan should be both achievable and measurable.

Evaluation is critical to understanding the impact specific programs and services have on a
client. Using the output and outcome metrics defined in the previous stages, a case manager
should continuously monitor and evaluate a client’s progress. Evaluation and data ensure client
success is quantified and qualified rather than simply anecdotal7.

So, if each of these components plays such a crucial part in case management, how do we
successfully implement them so we can ensure the success of entire communities? And after we
implement, how do we support this case management process?

That’s where Apricot comes in. Apricot is a comprehensive case management system built on

the core components of case management. Best practices focused on each of the four
components are built right into your Apricot system, so you can start collecting data and
measuring progress right away.

As new clients walk through the door, seamlessly add them to your Apricot system, ensuring you
collect all the information you need to create a full client profile.Benefit from our many
evidence-based forms or create your own assessment tools to gauge client need and accurately
assign services.Keep client information and case plans organized based on the programs and
services a client has been assigned. As your client’s needs change, easily update their
records.With built-in forms and reports, measure and manage client success with the push of a
button. Continuously monitor results to achieve long-term outcomes.

CASE MANAGEMENT IN U.S.A.

In adversarial system of justice, which is based on the concept of a fair trial before a jury. most
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-(of an account) not necessarily true or reliable, because based on personal accounts rather than facts or research.

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of the past attempts at resolving disputes have involved personal violence and less than fair
process. In adversary system, which means that the accused and the state are represented by
counsel.

Responsibility Of Advocates:

the American court is based on an adversarial process that is unique compared to other court
throughout the world. the adversarial component of the litigation process is the cornerstone of
American justice system. The success of the trial system depends upon both the sides being
represented by contentious opposing advocates.

Miranda Warning:

when police are questioning suspects about the crime, with the purpose of extracting evidence,
those people are also protected by the fifth amendment protection against self-incrimination.
This right is often confused with the six amendments "right to counsel". it is trial right and attach
is at the point where the accused has been formally charged with an offence in court. Miranda
warning must be given whenever there is a custodial interrogation. The presence of an attorney at
this pre-trial stage is for the specific purpose of protecting the accused from offering testimonial
evidence that will incriminate him. The first thing which has to be determined whether person is
"in custody".

as a general rule if Miranda rights have been read and if the defendant acknowledge these rights
either orally or in writing and still agrees to talk to the police then the waiver is presumed to be
knowingly and voluntarily made.

The accused right to counsel

The most significant case in this area is that of Ed Wards vs. Arizona, (1981) in which the court
determined that once the defendant ask for an attorney all questioning must stop until the
defendant has been allowed to speak to an attorney. The court reiterated that Edwards
"fundamental purpose is to preserve the integrity of an accused's choice to communicate with
police only through counsel"

Role of defence attorney, Ethical rules prohibit an attorney from knowingly using perjured

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testimony that is false and is given under oath in a trail. Perjured testimony is testimony that is
false and is given under oath in trail. If an attorney knowingly allows a client to offered perjured
testimony, the attorney can be subjected to the sanctions for suborning perjury.

the defence attorney has a duty to advise the client. It is the client who decides what click to
enter. If client pleads guilty, the attorney wings a process of negotiating the best possible
sentence the client can get.if the client plead "not guilty" defence counsel has the responsibility
to vigorously pursue the defence.

Sixth amendment right to counsel is the council provided effective representation.this right
means more than simply assigning a lawyer to a criminal defendant. The lawyer must fulfill the
role of trained legal counsel in representing for presenting the accused. Council has a duty to
avoid conflicts of interest and to advocate the defendants cause. council is expected to use that
specialised knowledge in preparing the defence of the case. The purpose of the sixth amendment
guarantee of counsel is to ensure that a defendant has the assistance necessary to justify Reliance
on the outcome of the proceeding.

Role Of Prosecutor

The United States attorney is the representative not of an ordinary party to a controversy but a
sovereign. When knowledge comes to a prosecutor that prejuries testimony has been used on
behalf of the state the prosecutor has a duty to correct it. Failure to disclose such evidence is
grounds for sanctions against the prosecutor. Overzealous prosecution for personal or political
gain for selective prosecution based on some baised has no place in America system. The end
can never justify the means.

Responsibility of police officers are singularly important person in the adversary process. The
law enforcement officer is naturally interested in successful prosecution, he or she must also
guard against showing a specific interest in gaining a conviction. Fairness in system, and the
appearance of fairness, is essential if the system is to win the respect and cooperation of all
citizens, without which crime cannot be controlled.

Responsibility Of Judges

Whether the judge is accepting A guilty plea, presiding at a jury trial, aur hearing a case without

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a jury, impartially is essential. It is required that trial judges handling criminal cases do so with
deftness and with fairness to both side in the process. Sockets cited the need for the jurist to hear
courteously, consider soberly and decide impartially.

Control Of Police By Prosecutors And Examining Magistrates

In theory and largely in practice police are under the control or supervision of prosecutors or
examining magistrate during the investigation of offences. police must report complaints of
offences and arrest to a prosecutor who will then direct, supervise or be kept informed of the
police investigation. the prosecutor must authorized to receive measures such as continued
preliminary detention or searchers of premises.the degree of control appears to vary from country
to country and between urban and rural areas. It is apparent that most actual investigation is done
by the police. There are more of them then act prosecutors and examining magistrates, they have
more resource and they have special skills. But investigation by the police is directed Or
monitored by prosecutors or examining magistrate. Which help in the case prosecution process.

CASE MANAGEMENT U.K.

The prosecution process generally begins from the point when a crime is reported to the police.
Evidence is then gathered to establish what actually happened and who was involved, and
statement are taken from witnesses to support the evidence. Following evidence gathering the

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two key stages prior to the first hearing are the decision to charge and the prosecution process.

Decision to charge. if there is sufficient evidence to provide a realistic prospect of conviction

against each suspect on each charge. Depending on the type and seriousness of the offence
committed this decision is made by the police service or the crown prosecution service.

Referral to the CPS for pre-charge advice, Serious and complex cases are charged only after
consultation between prosecution and police officer. Less serious offenses are decided by the
CPS. The CPS may require further evidence to be obtained before a charging decision can be
made. The prosecution will advice the police the police officer of the further material required.

Police charge cases, the police may charge all summary offences irrespective of plea and any
either way offences anticipated as a guilt plea and suitable for sentences in a magistrate court.
Except in case requiring the consent to prosecute by the director of public prosecutions or law
officer. A case involving a death. A case connected with terrorist activity or official secret. Hate
crime or domestic violence.

Charging of youths, usually youth or young people are not charged in first time. It is popularly
known as out of court disposal. But if offence is of a serious nature then charge may be framed
by police referred to CPS for prosecution. Youth out of court disposal re-offending but further
offending indicates that attempts to divert the youth from the court system.

FULL CODE TEST

It is a two stage test which must be applied each time a charging decision is made, whether it is
made by the police or the CPS.

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Evidential stage:- prosecutors and police decision makers must be satisfies that there is enough
evidence to provide a realistic prospect of conviction against each suspect on each charge. If
decision maker’s assessment is that the court would be more likely than not to convict the person
of charge, the evidential test has been met. If there is any substance in an accusation than the
evidential test has been met and they can move on to consider the public interest stage. If the
evidential test is not met, the charge cannot proceed, no matter how serious or sensitive it may
be.

Public interest stage:- in case which pass the evidential stage, the decision maker must go on to
consider the public interest stage. They must balance factors for and against prosecution
carefully and fairly, decided how important each factors is in the circumstance of the case and
make an overall assessment. Each care is unique and must be considered on its own fact and
merits.

Public interest factors that can affect the decision to prosecute include, seriousness of the
offence, suspect’s level of culpability, circumstances of and harm caused to the victim or if the
suspect is under 18 at the time of the offence&impact on the community.

Threshold test, Where a suspect who is in police custody present a substantial bail risk if
released, but not all of the evidence in the case is yet available. A preliminary assessment of the
evidence may be made under the threshold test. This allows the police to charge the suspect and
bring them before a court is without applying the full code test.

Criteria for threshold test,Insufficient evidence is currently available to apply the evidential stage
of the full code test.there are reasonable grounds to believe that further evidence will become
available within a reasonable period. The seriousness or circumstances of the case justify making
an immediate charging decision. There are substantial grounds under the bail act 1976 to detain
the suspect in custody after charge and an application to withhold bail can properly be made at
court by a prosecutor. If any of these conditions are not met, the threshold test cannot be applied
or the suspect charged.

When considering the evidence under the threshold test, the decision maker must ask; “is there a
reasonable suspicion that the suspect has committed the offence?”

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The evidence currently available format for presentation in court, and would be used in
case.There must be reasonable grounds to believe that further investigation will provide
additional identifiable evidence within a reasonable period of time. Then further evidence be
gathered to provide a realistic prospect of conviction.

The police may seek CPS advice throughout the investigating and prosecuting process. This
includes assistance in any pre charge procedure. Early consultations need not be restricted to
cases that pass the threshold test, or where there is already an identifiable suspet. They may take
place in any case where the early involvement of a prosecutor would assist in gathering relevant
evidence.

A summons secures the appearance of a defendant before a magistrate court. The police provide
information or a prosecutor present information which alleges a crime before a magistrate,
resulting in a summon being issued. This requires the accused to attend court on a specified day
to answer the allegations in the information. Traditionally, a summons may be presented to the
accused by post or by handling it to him or her.

Postal requisitioning may be used to completely replace the summons process, ending the
requirement to lay information before the court to issue a summons. Postal charging replaces the
charging process in appropriate on unconditional police bail awaiting a charging decision.

Prosecutionin all aspects of managing offenders, officers should be familiar with the requirement
to cogent CPS prosecutor to obtain early advice and decisions on charge.

Once a court date is agreed and a case is to proceed, the prosecution file for the first hearing must
be created proportionately to the requirement of that hearing, while at the same time providing
the prosecutor with suffient information to be able to conclude the case if the plea is guilty. It
must also enable the prosecutor to conduct an effective plea and case management hearing to
identify the contested issues if a not guilty plea is entered.

Disclosure refers to providing the defence with copies of or access to, any material which might
reasonably be consider capable of undermining the case for the prosecution against the accused,
or of assisting the case for the accused and which has not previously been disclosed. The police

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must retain any record any unused material,i.e., material that may be relevant to the investigation
that has been retained but does not form part of the case for the prosecution against the accused.
The disclosure process is a statutory duty under the criminal procedure and investigation Act,
1996 and its code of practice. The police also have a duty to provide the CPS with information
that may mitigate the seriousness of an offence. The investigator must inform the prosecutor as
early as possible of any material that weakens the case against the accused.

Not everything that is revealed to the CPS is disclosed to the defence. The duty of disclosure
continues for as long as proceedings remain, whether at first instance or an appeals against
conviction and/or sentence.

Recording disclosure material, information must be recorded at the time it is obtained or seized
or as soon as is practicable after that. Material must be recorded in a durable or retrievable form.
If it is not practicable to retain the original record. The information must be transferred
accurately to a durable and easily retrievable form.

Advantages in Joint performance standards for the management of the charging process enable
the police and CPS to monitor and actively manage. The quality and volume of cases that are
referred for prosecution.ACPO(Association of Chief Police Officers) and the CPS have
developed the joint performance standards, which outline charging standard for different crime
types.

6TH AMENDMENT RIGHTS

Right to a speedy and public trail by an impartial jury of the state.

- To be informed of the nature and cause of the accusation.

- To be confronted with the witness against him.
- To have compulsory process for obtaining witness in his favor.
- To have the assistance of counsel for his defence.

Although generally associated with the trail, the right to counsel has been interpreted to apply to
“every critical stage” of the criminal proceeding. Some encounters with the police are considered
a critical stage of an investigation and therefore require the presence of a lawyer if the evidence

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obtained is to be admissible in court.

Identification Procedure

The first area in which criminal defendants may be entitled to 6th amendment rights is at
identification procedures that occur after indictment. The supreme court has rejected the claim
that identification procedures “compel” Defendants to be witnesses against themselves in
violation of the 5th amendment.Because identification procedures are not oral testimony, they fall
into the physical evidence category instead of the compelled oral testimony category.

Lineups are identification procedures in which the defendant is placed in with a group of similar
individuals and put before the victim or witness to see if the defendant can be picked out. At the
time of lineup it is not necessary to have a counsel. It depends upon whether it is a “critical stage
of the proceeding or not”.

In case of Wade & Kirby, if the defendant has been formally charged, an attorney must be
present.(wade case). In kiraby case, it was held that any pretrial identification prior to the filing
of a formal charge was not part of a “critical stage of the proceedings” and no counsel was
required. These are the two cases where the guidelines for law enforcement about what is
required to protect the rights of the accused during the lineup procedure.

Interrogation

Defendants also have a right to counsel, when they are being interrogated after they have been
indicted but before trail. This situation is entirely different from the fifth amendment because at
that time defendant has not been charged. So, indictment is necessary to exercise the right to
counsel.

Role Of Prosecutor

“the prosecutor has become the most powerful and important official in our criminal process”.”

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The discretionary power exercised by the prosecution attorney in initiation, accusation, and
discontinuance of procecution gives him any other public official.”

Formal charges are made in many jurisdiction through bill of indictment returned by a grand
jury. The prosecutor largely controls the charging process by submitting bills of indictment to the
grand jury and presenting supporting evidence. Roughly half of the states do not use grand juries,
and in those jurisdictions prosecutors directly file criminal charges through an information.
Defendant charged through an information hav a right to a preliminary hearing where the
prosecution must present sufficient evidence to persuade a judge to authorize the case to go
forward. Although the prosecutor’s charging discretion is vast, it is not unlimited.

The decision to prosecute may not be “ deliberately based upon an unjustifiable standard such
race, religion ,or other arbitrary classification. The claimant must demonstrate that the federal
prosecutorial policy” had a discriminatory purpose “

A prosecutor should not institute or cause to be instituted, or permit the continued pendency of
criminal charges when the prosecutor knows that the charges are not supported by probable
cause. A prosecutor should not institute case to be instituted, or permit the continued pendency
of criminal charges in the absence of sufficient admissible evidence to support conviction. A
prosecutor should not be compelled by his or her supervisor to prosecute a casein which he or
she has a reasonable boubts about the guilty of the accused. In making the decision to prosecute,
the prosecutor should give no weight to the personal or political advantage or disadvantages
which might be involved or to desire to enhance his or her record of convictions. The prosecutor
should not bring or seek charges greater in number or degree than can reasonably be supported
with evidence at trial or that are necessary to fairly reflect the gravity of the offence.

MAIN POINTS OF THE PROJECT TOPIC

 The prosecutor reasonable doubt that the accused is in fact guilty.
 The extent of the harm caused by the offence.

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 The disproportion of the authorized punishment in relation to the particular offence or the
offender.
 Possible improper motive of a complainant .
 Reluctance of the victim to testify.
 Cooperation of the accused in the apprehension or conviction of others and
 Availability and likelihood of prosecution by another jurisdiction.

CONCLUSION

Enforcement of law like the law themselves, requires public assistance and cooperation. The
relation of the law officer to the court system as a whole is important. The court system needs

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our support, as well as our responsible criticism .

Inquisitorial systems of criminal justice Pride themselves on pursuing the truth of what has
happened in relation to criminal event the French code of criminal procedure refers frequently to
considered as a "manifestation of the truth" and of taking all steps necessary to achieve that. The
suspect or accused is obliged to submit to interrogation. Although not obliged to answer, adverse
inference will be drawn where there is failure to answer .

The inquisitorial criminal justice process is formerly under official control. The officials are the
police, the prosecution and the judges.the officials with the closest connection to and the most
control over criminal matters are the prosecutors. They supervise all investigations, decide
whether cases should be discounted, play a significant role in decisions to commit for trial,
appear at the trial and on any appeal. Prosecutors have the status of judges but function more
directly as agents of the state. Defence lawyers play relative minor role in the process.

REFERENCES

ARTICLES

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 Essentials of Advocacy in Case Management by Hussein M. Tahan , PhD, RN

 The Importance Of A Case Management System – Published in the site “IPZen”

Websites Referred

 https://link.springer.com/article/10.1007%2FBF01079435

 casehttps://journals.lww.com/professionalcasemanagementjournal/Fulltext/2015/1

1000/What_Case_Managers_Should_Know_About_Their_Roles.2.aspx?

WT.mc_id=HPxADx20100319xMP

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