Ethical Issues: Homicide And Rape

Offense Issues

The two crimes I have chosen to write about are Homicide and Rape. Technically speaking, the offense of Homicide is the unlawful yet unpremeditated voluntary killing of another. This might earn the convicted person of this offense a sentence greater than that of manslaughter (involuntary killing of another), yet lesser than that of murder (voluntary killing of another including premeditation). On the other hand, when a crime of Rape has been committed, it means that the victim was forcibly penetrated in a sexual manner without mutual consent.
1. What are some of the ethical considerations that need to be addressed when investigating each crime? An ethical consideration that needs to be
addressed is the investigators mind state. It is important because it plays an important role in preparing for a successful prosecution. They must be open-minded to all possibilities and must be unbiased. The investigator must conduct the investigation in proper manner from a professional and legal point of view. In order for the investigator to have a successful investigation, he must follow all the procedures like recording the crime scene, collecting and handling all physical evidence properly, and follow all methods that they are suppose to when investigating a crime scene. When it come to both rape and homicide the investigators need to be able to be in the right mind set when conducting cross examinations of victims (rape) or family members (homicide), they should be able to handle the situation with sensitivity towards them. During certain times a cop should have that toughness to them so they can deal with what needs to be done but when investigating a crime and like these they need to be in the right mind set to help the situation instead of making it worse. Another ethical consideration that should be addressed when it comes to investigating these crimes is honesty because if a police officer isn’t being honest about something like how they received information or if they get evidence in a dishonest way it can affect the whole investigation and that evidence could then be thrown out of court. These ethical considerations go for both crimes and pretty much any other crime. Other ethical issues are things like confidentiality. Confidentiality is big in any crime whether it’s on the officers’ end of a journalists end. Confidentiality affects more of the investigation itself more than the actual trail but it is still something that needs to be in play. For example if an officer is on the trail of a perpetrator and mentions some information to someone it could in turn tip that person off and end up messing with the capture of that person.
How can the ethical problems involved in investigating these crimes be reduced?
Some ways that these ethical issues can be reduced is making sure that the officers are trained properly to handle every situation. They need to know when to be sensitive and how to handle all of the evidence properly. They are usually trained to know how to investigate crimes when it come to procedures but they should also have training on how to speak with individuals for these two kinds of crimes. They are sensitive issues and officers need to have compassion for victims and those related to the victims or even witnesses of crimes. Some officers have this without having to be trained because they have the mind set for the job but others need the help to know which situations require them to be more compassionate. When it comes to the issue of confidentiality and honesty that can’t really be reduced except by choosing wisely when it comes to officers to put on the investigation or to hire for that matter. Honesty is something that an officer has to have as an individual because it has to do with their morals. As for confidentiality they should know when they take the job that it is part of it and they should know the effects it can have on a
case.
What prosecution issues can arise when the case is brought to trial if the officer was unethical during the investigation?
If an officer is unethical during an investigation it can bring up a lot of problems when the case goes to trial. For example if an officer was not in the right mind set and did not follow all of the procedures during the investigation and contaminated evidence it can make them look bad and could get that evidence completely thrown out or cause a mistrial. Also another unethical move an officer can make that falls into the honesty category would be to obtain evidence in a way that violates the defendants rights such as searching without a warrant which will also get the evidence thrown out. Then there is an issue that could arise when it comes to confidentiality, if an officer gives the name of an informant when the asked to remain nameless. This could cause that persons’ life to possibly be in jepordy.
What ethical issues are directly related to the prosecutor in the case? In general a prosecutor must abide by the same rules of professional conduct just like any other lawyer. As a prosecutor he has an obligation to ensure that justice is done even if it means losing his case. He must provide disclosures including exculpatory evidence to the defendant. They need to abide by some of the same ethics as the officer. They need to respect the confidentiality of the cases and also they should be honest. The point of their job is to seek justice and doing that
without ethics isn’t really possible.

References

Essay. Anti Essays. Retrieved October 2, 2013, from the World Wide Web: http://www.antiessays.com/free-essays/267481.html

. Criminal Investigation: A Method For Restructuring The Past, by Matthew Bender.
Copyright © 2007 Matthew Bender & Company, Inc.
Licensed to Kaplan University in Agreement with LexisNexis Anderson Publishing
2. Procedures in the Justice System, Eighth Edition, by Cliff Roberson, Harvey Wallace, and Gilbert B. Stuckey. Published by Prentice Hall.
Copyright © 2007 by Pearson Education, Inc.
http://david-joshua-ginsberg.blogspot.com/2010/11/offense-issues-illustrating-ethical-and.html