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Criminal Investigations: The Process Of Term Paper

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.

Sources used in this document:
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
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