Prsosecution of a Case Essay Example | Topics and Well Written Essays - 1250 words

Prsosecution of a Case - Essay Example Homicide and terrorism are the two chosen cases for this illustration. There is voluminous amount of work that requires to be done with the witnesses, evidences, statements and items prior to the case being brought before the jury and the judge subsequent to the information of the original misdeed. A number of ethical considerations should be put into considerations from the establishment of a particular case say homicide. The exploration of particular cases should remain in the hands of law enforcement workers who are directly connected to the information and case concerning the suspect's true identity, the approach and procedure followed to retrieve information from the said suspect and the fact that neither coercion nor excessive force was employed so as to attain a confession etc (Schmalleger, 2006). It is important that the investigation observes legal and professional standards from the commencement till completion of a case so that it can be prosecuted successfully. The requirement that an investigator be of high ethical and moral standards is o f great importance to the suspect himself, the whole case, the prosecution, the victim and the department. All of the parts should become clear rather than be changed or forced to fit a particular crime as it happened. Terrorism and homicide are considered to the most ruthless crimes common in human society. To minimize the ethical problems involved in the investigation of these crimes, investigators should seek to curtail the ethical issues such as: getting confessions through exercising of force, coercion or unjust intimidation of the suspect; turning down a request by a suspect to his/her attorney representative; bullying and bribing; torture and beatings of suspects or worst of all straight out/ pre-judicial murder of the suspects. Investigators should uphold professionalism and follow the set techniques for investigating a crime i.e. Interview every witness as well as the victim(s) if doable. Scrutinize the scene to ascertain a hypothesis as to what took place. Take pictures of the scene to obtain visual evidence of all substance and potential evidence. Draft should be prepared of the sight as to the site of evidence or body etc. Process every information and tangible evidence that was gotten and follow through on it. Prosecution problems that can arise when the case is presented for trial if the investigator was unethical In case a case is presented for trial deficient of the ethical principle of the investigator, a number of prosecution problems may arise: if the whole or part of the terrorism or homicide inquiry is pushed or rushed through devoid of the whole thing being handled in a professional and thorough manner, a mistaken suspect might be held convict under sham pretenses or worse still the case in question might be thrown out of the court; a legal malpractice claim might be filed against the investigator, the unprofessional and improper handling of the relationship between the attorney and the client results to negligence claims which are not founded on the definite services given. Even if lawyers encounter unique realities and difficulties in