Ethical Considerations

Ethical Considerations for the Investigator and Prosecutor in Homicide and Rape The investigator and prosecutor play very critical roles, roles that are only fairly fulfilled if all parties are as ethical as possible. Failing to act ethically can lose a case, set a criminal free or could even mean someone innocent going to prison. While ethics in every single type of case are important we are going to examine homicide and rape. Both homicide and rape leave the public hungry for answers. We must be sure that finding those answers are done ethically from the crime scene to trial.
The Investigator
Ethical Considerations From the moment the investigator gets a case professionalism, knowledge of laws and procedure is what has to
be followed. If at any time the investigator became biased and used emotion instead of just facts of the case could be compromised. Remaining unbiased in either homicide or rape can be extremely difficult for even the most ethical investigators. Handling evidence properly is one of the most crucial points of any investigation. Without even intentionally doing so, mishandling of evidence could mean a case thrown out of court. Some types of mishandling of evidence would be planting of evidence, removing evidence, not following the chain of custody and unlawfully obtaining evidence. Rape cases should involve specially trained individuals, if an untrained investigator was to handle a rape case the way a homicide case was handled even more issues can arise.
Reducing Ethical Considerations From arrival at a crime scene the investigator must follow only the facts and remove any emotion from considerations.
The investigator must remember to handle witnesses and evidence in a professional way. “The investigator must be sensitive to the constitutional and civil rights of all: rich or poor, witness or suspect.” (Osterburg & Ward, 2010, p. 9)The investigator must have a “sensitivity to people’s feelings (especially important for rape cases); act with discretion and tact; respects a confidence.” (Osterburg & Ward, 2010, p. 11) The investigator must be knowledgeable in current laws to ensure all evidence is obtained in a lawful
way.
The Prosecutor
Ethical Considerations If a prosecutor involves themselves emotionally with the personal travesty, they could make some ethical choices that would imprison the wrong suspects or set them free. Some of those ethical choices could be excluding evidence or not disclosing evidence. A prosecutor could also be influenced by political ramifications to prosecute or not to prosecute cases.
Reducing Ethical Considerations “The prosecuting attorney is charged with grave responsibilities to the public that demand integrity, zeal, and conscientious effort in the administration of justice.” (Roberson, Wallace & Stuckey, 2013, p.
255) In both homicide or rape cases the prosecutor has to be able to evaluate the cases objectively and not get emotionally involved. “As courts, commentators, and professional codes consistently declare, the role of a prosecutor is not to win a case (and achieve professional and media acclaim) but, rather, to behave in a fair and lawful manner to promote the cause of justice. This requirement to serve justice means that in order to achieve a fair and just result, a prosecutor must, again, exercise powers in an objectively fair and disinterested manner without any implication of partiality that might tarnish integrity” (Gershman,
2005) In conclusion, huge responsibility weighs on both the investigator and prosecutor to be knowledgeable on laws and procedures and to follow all of those ethically. Homicide and rape both leave emotional scars on the victims and ensuing justice can only be accomplished by the people involved being ethical. References
Gershman, B. (2005). Prosecutorial ethics and victims ' rights: The prosecutor 's duty of neutrality. Pace University Digital Commons@Pace, 9(3), 559-579. Retrieved from http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1121&context=lawfaculty
Osterburg, J., & Ward, R. (2010). Criminal investigation: A method for reconstructing the past.. (6th ed.). New Providence: Anderson Publishing. Retrieved from https://online.vitalsource.com/
Roberson, C., Wallace, H., & Stuckey, G. (2013).Procedures in the justice system. (10th ed.).Pearson. Retrieved from https://online.vitalsource.com/