Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Such problems usually contribute to numerous difficulties in the successful prosecution of suspects of such cases. In most cases, the ethical problems originate from speedy investigations that are not handled in thorough and professional manner leading to false arrest or the case being thrown out of court. Therefore, there is a huge need for the investigator to adopt various measures that help in reducing ethical problems when investigating the cases.
For homicide cases, these problems can be lessened through treatment of suspects as innocent people until proven guilty and not coercing or unduly forcing the suspect to provide information. Moreover, the investigator should inform the suspect of his/her constitutional rights during the investigation process. For rape cases, ethical problems can be reduced by not distrusting the victim's information and treating the victim's testimonial evidence as the initial step for ongoing investigation until the actual perpetrator is convicted. This is particularly because of the increased concern regarding some of the strategies and tactics that are used by investigators in rape cases (Temkin, 2000, p. 241).
Prosecution Problems and Issue Related to the Prosecutor in the Case:
In cases where the investigator was unethical in their duties, there are various prosecution problems that are likely to arise. These prosecution problems are likely to allow the suspects of homicide and rape not to be convicted of the offenses they carry out. Consequently, the arising prosecution problems can lead to recidivism where the criminals commit the same offenses upon being released from the hands of justice. The other prosecution...
Furthermore, the prosecutor of these cases is likely to state that the suspect had nothing to do with the offense or that the sexual contact was not rape but mutual. Similar to the investigator's duties, the prosecutor also needs to take into account some ethical issues that directly relate to him/her. Some of these issues include ensuring that he/she is not extremely biased, limiting statements to the evidence at hand, and need not to be preoccupied with pre-conceived notions about the defendant.
In conclusion, the investigation and prosecution of criminal cases such as homicide and rape requires critical legal and ethical considerations. These legal and ethical considerations and preparations are vital for successful prosecutions of the case in a court of law. These considerations encompass the nature, sensitivity, and prosecution strategies of the cases.
References:
Banks. (2004, January 30). The Importance of Ethics in Criminal Justice. Retrieved August 21,
2012, from http://www.sagepub.com/upm-data/4031_Banks_Chapter_1_Proof.pdf
Lyon, a.D. (n.d.). Investigating and Trying a Homicide Case. Retrieved from DePaul University
College of Law website: http://www.law.depaul.edu/centers_institutes/cjcc/pdf/homart.pdf
Temkin, J. (2000, June). Prosecuting and Defending Rape: Perspectives from the Bar. Journal of Law and Society, 27(2), 219-48. Retrieved from http://www.broadcaster.org.uk/section1/tempkin.pdf
Criminal investigation plays a crucial role in law enforcement in relation to the arrest, prosecution, and conviction of criminals. This paper examines the evolution of criminal investigation research in light of the developments that have taken place in this field. A history of the criminal investigation is also discussed as well as a definition of the criminal investigation process. The author also examines how DNA, fingerprinting, and forensic science have
The formation of a hypothesis in this case could involve the identification of the most likely suspects. It is important to note that hypothesizing as to whom the suspects could be does not necessarily result in the loss of objectivity on the part of the investigator. This is more so the case if the hypothesis is based on an analysis of the motive and/or presence of physical evidence. Data
As a result, if an illegitimate interrogation or investigation contributes to the identification of physical evidence, the investigation and physical evidence must be excluded from trial. In this case, the interrogation or investigation is excluded on the basis of the exclusionary rule while the physical evidence is excluded on the basis that it's the fruit or product of illegal interrogation. The significance of the exclusionary and the fruit of poisonous
A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that the case goes on to trial (Criminal Justice System Handbook, 2009). The trail Trials consist of a sequence of proceedings where the prosecutor presents evidence which
Does the criminal justice system discriminate? Provide support your position with reference to the various components of the process, and give an explanation for either why the system discriminates, or why it appears to discriminate. Yes, the criminal justice system discriminates. African-American males are overrepresented in every part of the criminal process, though there has been no good evidence to show that they actually engage in criminal behavior at rates
This kind of evidence differs from circumstantial evidence. Circumstantial evidence attempts to prove some facts by attesting to or proving events or circumstances from which other occurrences may be reasonably inferred. It differs from direct evidence, which does not need reasonable inference to prove a fact. A d) Relevant evidence attempts to prove or disprove any issue of fact, which has some consequence to a given case (FindLaw 2009). It