Recent orders
Criminal Investigation-Ethical considerations
Criminal Investigation
Author
Institution
Introduction
The acquisition and enforcement of justice has a bearing on the maintenance of law and order in any contemporary human society. Needless to say, the contemporary human society has been experiencing numerous crimes, coming with varying magnitudes of gravity, as well as complexities. Two of the most common crimes in the contemporary human society include rape and homicide. The term homicide underlines the unlawful but unpremeditated voluntary killing of an individual. The conviction for such an offense would attract a sentence that is higher than that of manslaughter, but lower that the sentence for murder. Rape, on the other hand, underlines a situation where an individual forcibly penetrates another one in a sexual manner devoid of mutual consent (Roberson et al, 2007). Needless to say, the investigation and prosecution of these crimes necessitates the adherence to particular ethical and professional standards so as to ensure that justice is done without further damage to the victims.
Ethical considerations in the investigation of homicide and rape
Needless to say, the investigation of homicide and rape is extremely sensitive and would necessitate the adherence to ethical procedures right from the beginning. First, the investigator must show extreme sympathy and compassion to the friends and relatives of the deceased. Not only would they be upset by the death of the deceased but also may act as informants and witnesses for the case, in which case creating a rapport with them would be imperative (Bender, 2007). In the case of a rape investigation, the investigator must understand that the victim is traumatized. In essence, extreme sensitivity must be observed in asking the victim for any necessary detail to the investigation of the suspects and for their testimony, which may be used in court as evidence.
For both crimes, painstaking care must be taken in the collection, transmission and preservation of evidence, right from the crime scene. This would allow for the prevention of contamination or degradation of the evidence during evidence collection, as well as transfer of evidence for further analysis by other experts such as forensic pathologists, fingerprint technicians and DNA specialists (Bender, 2007).
On the same note, investigators in both cases would be required to maintain their journals in a cautious chronological manner and an orderly way. Pens should be used in making entries so as to eliminate the possibility of erasing the entries (Roberson et al, 2007). In case of errors, crossing the errors jut once would be preferable rather than trying to erase or white-out. This would eliminate any suspicion that any information was eliminated so as to untruthfully outfit the case (Roberson et al, 2007).
Reduction of ethical problems pertaining to rape and homicide
In the investigation of rape, it is imperative that the victim is not shown any distrust. Indeed, any testimonial evidence given should be seen as a step to the eventual conviction of the perpetrator (Roberson et al, 2007). In case the victim is a child, it is imperative that the investigators monitor the interplay between the child and the parents to ensure for any abnormal signs. These may include flinching in instances where the child and the parents have eye contact or when parents gesture in the direction of the child. In most cases, it is imperative that a child psychologist is called in to help with the investigations so as to reassure the child of her safety.
For both rape and homicides, it is imperative that the suspects are treated as innocent until their guilt is proven in a court of law. In this case, no undue coercion should be used to derive information from them (Bender, 2007). On the same note, they should be duly informed that any information or testimony that they give may be used against them in a court of law. In addition, they should be assured of their right to remain silent and to have an attorney even in instances where they cannot afford one.
Prosecution problems arising in case of unethical investigation
In case of unethical investigations in rape, the prosecutor may call for the dropping of the charges stating that the sexual contact was mutual rather than forced (Bender, 2007). In addition, the prosecutor may file for suppression of charges in pretrial motion in case he sees the charges as inaccurate. Homicide prosecutors may strike a plea bargain lessening the charges to manslaughter.
On the same note, the use of crime statistics and demographical data to incriminate an individual without any evidence to back up the investigation of the suspect may result in charges of fraud on the side of the investigator.
Ethical issues relating directly to the prosecutor in the case of rape and homicide
Prosecutors, like investigators are obligated to observe certain ethical procedures in the prosecution of rape and homicide crimes.
First, they must ensure that they do not presume the guilt of the defendant until it is proven. This means that their speech should not be excessively biased as to favor the defendant’s guilt rather it should be restricted to the evidence rather than bias of premeditated notions pertaining to the defendant (Bender, 2007). For both rape and homicide, the prosecutors have an ethical duty to study all evidence and determine its sufficiency and sustainability of the case in the court of law.
On the same note, the prosecutors must ensure that the evidence brought up in a court of law is relevant to the specific case. Further, the questioning of the defendant should be careful as to eliminate the possibility of double jeopardy or violation of the Fifth Amendment (Roberson et al, 2007). In this regard, it is imperative that defense attorney is given the opportunity to show the loopholes in the evidence produced.
References
Bender, M (2007). Criminal Investigation: A Method For Restructuring The Past. New York: LexisNexis Anderson Publishing
Roberson, C., Wallace, H & and Gilbert B. Stuckey, G.B. (2007). Procedures in the Justice System, Eighth Edition. New York: Prentice Hall.
Criminal Investigation. Rand’s recommendations
Name
Instructor
Course
Date
Criminal Investigation
Detective Smith has been investigating the suspect for some time now as he has been suspected to be a terrorist and yes, she has a reasonable suspicion to stop the suspect and question him based on the activities he does especially the secrets meetings he holds in the state capital building each time in short intervals the pictures he takes and the expensive and luxuries life he lives. Criminals such as terrorists have secretive lives, and their dealings are never clear. In this regard, the suspect’s behavior gives him away.
The seeming expensive lifestyle lived by the yet another cause for action. The suspect lives in an expensive motel, wears expensive clothing, eats expensively in expensive restaurants and lives an expensive and comfortable life, yet he has no specific or any known job. His sources of income are thus not clear. He, however, could be earning a lot to money through involvement in criminal terrorism activities.
The company he keeps and their movements are also strange and commonly associated with terrorism activities. He gets strange visits from other Middle-Eastern young men who bring him packages in secrecy that look suspicious. One particular day the suspect is seen carrying a briefcase, a scene which is very suspicious since it is something he has never done before. He enters the state capitol building and comes out one hour letter without the briefcase. It can be assumed that the suspect had been investigating the building while plotting a terrorist attack. When he came with the briefcase, he can be assumed to have been carrying an explosive and must have left it in the building at a point he had chosen during his excursions.
This seems like an illegal deal transaction that had just been made, and serious measure’s need to be taken to take control of the situation. In order for inspector Smith to relive herself from the suspicions, the best solution is to call for back up to avoid any accident and since maybe the suspect could not be alone and ambush him. This will help control the situation and avoid any future problems if at all the business is illegal. Facing the suspect head on will be the only one best way to solve the problem.
Criminal defendants in the United States
Part 1
Correctional laws are well documented in the constitution. However, amendments have been made throughout the years with the aim of making these laws flexible and to enhance the correction process of those imprisoned making them more productive and law abiding citizens after the completion of their sentences. The laws are amended by the Senate and the Justice System is only present to enforce these laws.
Criminal defendants in the United States are considered to be innocent until they are proven guilty. The Eighth Amendment of the constitution states that excessive bail should not be charged as a way of retaining the criminal defendant before trial. The bail charged should be reasonable to give the criminal defendant the right to liberty until they are proved guilty. A detained individual will not have the freedom to investigate his case and would have served part of the sentence without being declared guilty. The person might not easily cooperate with his lawyer and would not have the opportunity to earn money that is required to make an appeal in case they are pronounced guilty (The Price of Freedom, 2010).
Inmates are not entitled to the full constitutional rights as compared to other citizens. However, it is a requirement for them to receive protection as dictated in the constitution. The 8th Amendment gives inmate the right to demand humane treatment. The prisoners should be allowed to access social amenities as well as protection from sexual or physical abuse. The 5th and 14th Amendments give inmates the right to a speedy and unbiased trial. The 14th Amendment also gives the prisoners right to equal treatment in the correctional facilities.
Prisoners are entitled to recreational activities which transform their lives during the time they are confined in the correctional facilities. This is important for them so that when they leave the facilities; they can be healthy and ready to make positive contributions to the society even after a lengthy sentence (Clear, Cole & Reisig, 2008). Besides the development of important skills and other credentials that help the inmates overcome stigma after their release, daily exercise is key to the adjustment plan. In addition to being fit, daily exercise is a way of alleviating stress that comes with separation from their families.
Each prison in the United States is required to have correction programs as is stated in the constitution. These correction programs are meant for rehabilitation of the inmate for them to become productive members of the society after the completion of their sentence (Clear, Cole & Reisig, 2008). However, many question the legality of these programs claiming that they are not beneficial to the inmates as they ought to be. Others argue that the fact that the programs are available does not mean that they are available to all inmates.
A correctional facility should have all the social amenities that provide a humane environment. However, luxuries such as television, internet and other reading materials should not be allowed. This is because additional of these luxuries would make the correctional facilities an ideal place for many criminals. Prison should not be a comfortable place; it should be a place where criminals dread to go to. Furthermore, it would be unfair to provide these luxuries in prisons yet other law abiding citizens have to work hard to access them.
According to the 8th Amendment, prisoners have a right not to receive cruel and unusual punishments in the correctional facilities. There are no universal definitions of what cruel and unusual punishments constitute, however it can be agreed unanimously that punishment that is inhuman or violates human rights is termed as cruel. This can include deliberately denying prisoners food or medical care or even physical or sexual abuse. Use of hazardous or poisonous things by the prison personnel within the correctional facilities can also be termed as creating a cruel environment.
Inmates should have access to basic medical care, but with the increase in the number of inmates in prisons in the United States has made provision of medical care to inmates very controversial. The questions that lingers are; should all inmates have access to medical care? Should the government spend so much money providing expensive medical care to prisoners? Those who have committed serious crimes should not have access to expensive medical care that is not even affordable to the poor and other law abiding citizens. The cost vs. benefit should be considered when offering extensive medical care to prisoners. Prisoners are people who have already taken so much from the society and we should not continue to aid them by providing extensive medical care.
Part2
Kayleah Wilson a 12 year old girl was missing for three weeks and was last seen on her way to her friend’s birthday party. She did not make it to the party and was not seen ever since. Though she has been missing for a long time and the police together with the FBI do not have any promising leads, I would not consider this a death investigation. A missing person who is above the age of twelve is considered missing until their body is found and this is when the missing person investigation can turn to a death investigation.
The investigation should be carried out by questioning all those who are close to her including all family members to establish the cause of her disappearance. Before deciding whether she was abducted, it is important to rule out the possibility that she ran away and that she does not want to be found (Olsen & Kamb, 2003).
If she was murdered and her body dumped, then it would cause some post-mortem changes that would interfere with the identification of the body and the cause of death. Given the rainy season being experienced at this point of the year, this would increase the rate of decomposition making it harder to identify the body. Forensics would have to be employed in the investigation to identify the body and also the cause of death (Sandell & Friedman, 2010).
Now that missing person has turned to a murder investigation, the body should be well analysed for clues that might identify the cause of death. Any physical or sexual abuse should be analysed and possible samples collected to be analysed through forensic methods. Those living close to the areas where the body was found should be questioned including all those who had been questioned earlier due to the drastic change in the investigation.
Part 3
According to Vito et al (2008) statistics provide information concerning the occurrence of crimes and factors that should be considered to enhance reduction or elimination of these crimes. Statistical analysis can cause major positive effects in the Criminal Justice System ranging from patrol officers, criminal courts and even to the Justice Department. With the correct analysis and interpretation of data, Criminal Justice officials are able to assess the current practices to determine whether they are working or not. This way they can change those practices that are not working in the reduction of crime.
References
Clear, T., Cole, J. & Reisig, M. (2008). American Corrections. New York: Cengage Learning. Print.
Olsen, L. & Kamb, L. (2003). Missing Persons Cases are Routinely Ignored. Seattlepi.com. February 18, 2003. Retrieved from HYPERLINK “http://www.seattlepi.com/local/108666_missingday18.shtml” http://www.seattlepi.com/local/108666_missingday18.shtml
Sandell, C. & Friedman, E. (2010). FBI Says Badly Decomposed Body is Kayleah Wilson, Launches Homicide Investigations. abc News. May 20, 2010. Retrieved from HYPERLINK “http://abcnews.go.com/US/decomposed-body-identified-missing-12-year-girl-kayleah/story?id=10703602” http://abcnews.go.com/US/decomposed-body-identified-missing-12-year-girl-kayleah/story?id=10703602
The Price of Freedom. (2010). Human Rights Watch. December 2, 2010. Retrieved from HYPERLINK “http://www.hrw.org/en/node/94574/section/8” http://www.hrw.org/en/node/94574/section/8
Vito, G., Blankenship, M. & Kunselman, J. (2008). Statistical Analysis in Criminal Justice and Criminology. USA: Waveland Press, Inc. Print.