Introduction
First, it should be stated that the ethical issues, which may be touched upon while investigating any crime depend on the type of the crime. Nevertheless, it should be emphasized that the investigator has the strong necessity to touch these issues, and sometimes violate the ethical rules for discovering the necessary details of the crime. From this point of view, the professionalism and tactfulness of any investigator seem to be the most crucial factors.
Ethical Considerations in the Process of Investigating the Crime
The ethical issues, which are generally incorporated touch upon the emotions and personal feelings of the individuals, who are attracted to the investigational process. Taking into consideration such specific crimes as Homicide and Burglary, it should be stated that in some measure these are two ethically related crimes, and investigation may require exclusive tactfulness from the side of the investigator or lawyer. (El-Ayouty, 2000, p. 396) Originally, one may be assisted by the other, thus, they may be investigated together. Initially, both crimes are associated with the loss of someone’s beloved person or a vitally important thing, so any lawyer should take into consideration the nervous tension and emotional overload of those, who are attracted to the investigation process.
The most common ethical issues are associated with the matters of death, especially with the aim of being rubbery or on the basis of racial differences, nervous breakdown of a victim, or loss of some precious thing. (Osterburg and Ward, 2007, p. 184)
Originally, the ways to reduce any ethical issues in the investigation process are closely associated with the psychological approach, aimed at finding a path to the mind of a questioned person. A person should be given to realize that he or she is not under suspect (independently of the real situation), and the privacy of the given information should be granted. Moreover, if a homicide is investigated a person should be given some time to recover after the shock, if it is deep, and the details of the investigation should not be discovered to those who experience emotional breakdown after the crime.
The prosecution problems, which may arise in the case of violation the ethical issues are closely associated with personal attitude towards the investigator of those people, who were subjected to such mistreatment. This, in its turn, may cause the unwillingness to give the full and trustful information, or complete refusal from giving any testimony.
Ethical Issues Which Are Directly Related to the Prosecutor in the Case
It should be stated that these issues form most of the ethical image of the investigation, as the investigator him- or herself defines the course of the investigation, and defines the behavior line, thus, forming the ethical image of the process in general. Originally, the task of any prosecutor is to behave impartially and defend only the side of the law. Consequently, any behavior may be regarded ethically correct for the prosecutor, if it is stipulated by the professional necessity. (Horswell, 2004, p. 526)
Conclusion
The ethical issues in the investigation process are often associated with the emotional overload and nervous breakdown of the persons who are attracted to this investigation. Anyway, investigation and prosecution are impossible without ethical factors, which are closely linked to legal matters of the case, consequently, professional competence should be regarded as the most important factor of the allover investigation process.
References
El-Ayouty,Y. Kevin J. Ford (2000) “Government Ethics and Law Enforcement Toward Global Guidelines” Westport, Connecticut PRAEGER London.
Horswell, J (2004) “The Practice of Crime Scene Investigation” John Boca Raton, FL.
Osterburg, J., & Ward, R. (2007). Criminal Investigation: A Method for Reconstructing the Past. 5th ed. Newark, NJ: LexisNexis