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.
A prosecutor presents evidence to prove that the defendant is guilty of the crime and the defense attorney tries to prove that the defendant is not guilty. They ensure that the defendant’s side of the story is heard, counteracts overcharging by the prosecution, and to supply their client with the best defense possible including: “providing legal counsel to client, arguing for legal innocence (not necessarily factual innocence), searching out violations of the defendant’s rights, and arguing for reduced penalties in some cases” (Meyer & Grant, p. 144). A prosecutor is paid by the state and cannot be hired, like a defense attorney, by an individual. They are hired by the public to punish those who commit crimes, in order to
The prosecution must without a reasonable doubt prove the defendant is responsible for committing the crime. And in doing so must remain within the regulations of the courts. Sometimes the prosecution’s personal, ethical. Organizational, or political beliefs can becomea driving force into a trail which can have negative effects on the courts when misconduct occurs or mistakes are made. When misconduct or mistakes are made it can have very damaging effects on individuals and their lives, but also to the credibility of the criminal justice system.
Sex offenders who are tried in a court of law; found guilty of their accused crime and serve out their time in jail should not then have this horrendous, life-changing experience topped with having their names and addresses being publicly listed under this harsh label for the rest of their lives. The minimal information stated on this register does not include the nature of the crime committed, only the ‘textbook’ conviction; allowing far-reaching conclusions to be drawn in the minds of the public. What chance are we giving any person of reform or allowing them to move on from what would not be a proud moment of their lives by making public this list? Why do these people, above anyone else, deserve to be estranged and how is the reprimand of jail time not punishment enough? Australia’s justice system is concerned with rehabilitating those who have done wrong and preventing them from re-offending.
Criminal justice professionals play an important role in the court system, and if they lie on accusations and evidence, the innocent become victims of the dishonesty. A second quality that is good to see in the criminal justice professions is to be objective. It is important for our law enforcement and public servants to not let their personal goals, feelings, or prejudice to get in the way of the criminal justice goals. Objectivity ensures that the professionals will make the right choices even when they have reasons that should make them choose otherwise. A simple example of this trait could be a law enforcement officer writing a ticket to someone regardless of the relationship they may or may not have.
The citizens feel they are guilty until proven innocent. There can be uprising in communities where these actions are taking place causing more instability in high crime areas. When a suspect is arrested, they are more likely to resist arrest due to the perception that they may be abused while in custody. The law enforcement code and the cop code are tied to public perceptions on the role of law enforcement because the citizens believe the complete force is corrupt due to the actions of a few officers. The actions of just a few officers are put on the news for viewers to see.
But a lot of people remain steadfast in their innocence. The problem comes in when there are law enforcement just looking for someone to blame, so they can close the case and move on to the next one. Planting evidence, not looking at all of the facts and quick to arrest anybody that already has a record. Sometimes that's not the case. The person that's least likely to commit the crime is sometimes the one that did.
Both prosecutors and law enforcement, sometimes knowingly ignore this behavior, in hopes that their testimony will secure a conviction in their favor. Law enforcement who work closely with the crime lab in their department will often try to influence Pathologists to tailor their analysis and testing of evidence to suit their needs in assurance of a solid conviction. Consequently, Pathologists are criminally mishandling and presenting false testimony of the evidence and tests. Regardless of their underpinning of excuses, we must find some means of addressing these issues on a broader scope within the criminal justice system. Dr. Ralph Erdmann is a prime example of one who would
To discourage and deter people from committing crimes means that something must be done to prevent this action. This is done via corrections; when people see what happens to people who commit crimes, people will have a tendency to shy away from it (Gardner, T. & Anderson, T., 2012). Protecting the society from dangerous and harmful people is the job of law enforcement. They hit the streets, the waterways, and the air to ensure the citizens are protected from criminals (Gardner, T. & Anderson, T., 2012). Punishing people who commit crime is the job of the prosecution lawyer; they attempt to put the violators behind bars (Gardner, T. & Anderson, T., 2012).
There has to be a consequence for breaking laws and committing crimes for anyone. However, there is also a big difference between a non-violent crime and a violent crime. Someone who is arrested for drug possession verses someone arrested for murder is like night and day so should they be punished alike for such different crimes? I think the whole drug epidemic needs to be overhauled and corrected. Rather than put these people in jail where they just sit till they get out why not have a different type of jail where they are housed and rehabilitated with appropriate treatment and awareness?