CHILD ABUSE and CHILD ENDANGERMENT - Essay Example

Homicide and Rape Affiliation with more information about affiliation, research grants, conflict of interest and how to contact Homicide and RapeThe two specific criminal offences selected to outline the exploratory and prosecutorial procedure of the case are those of Homicide and Rape. Homicide is an unintended voluntary killing of any person by another. It attracts more than that of manslaughter and less than that of murder. Rape is also a criminal offense in which a victim is unwillingly or compulsorily engaged in a sexual activity.

In the case of an offence related to “homicide” (Homicide, 2011, para. 1) sympathy and kindness should be extended to the family members and friends of the victim, who will be suffering great grief. On the other hand, the investigator of an offense of “rape” (Teens Health, 1995, para. 1) has to be sensitive to the victim, understanding that she might be in extreme mental shock and agony. Thus, information will have to be elicited very tactically from such a person. In addition, while extracting their testimony, which will afterwards be used when the trial goes to court, the investigator needs to exercise extreme care and caution.

Moreover, during questionings and interviews, an ingredient of sensitivity should be in place for gathering, protecting, and transmitting of facts from the commencement investigation at the scene of the offense. Particular care should also be taken while gathering and transferring of data relating to the case. The ethics of the investigators necessitate that they must maintain their journal in a methodical order, cautious and sequential order, by pen ink. These are the specific ethical considerations that require to be addressed when investigating the crimes of rape and homicide.

For all crimes, including rape and homicide, the investigator needs to treat the suspect as guiltless, until his or her guilt is proven in a court of law. Besides, the accused should not be coerced or tortured for extracting information from them. The defendant may also be warned suitably of the implication of the admission of crime, his statements and evidence that they offer the investigator during the course of the examination. The investigator should also state that such evidences will be used against them in a court.

In the case of the offense rape, the sufferer should not be suspected, and their testimonial proof should be treated as one stride of continuing the particular investigation in identifying the person responsible for the crime. In some of the case investigative units consists of specially trained officers in child psychology, consisting of lady officers. It is always a good practice to use an officer of the same gender as the suspect or victim to interview them. If the above aspects are kept in mind during the investigation, the ethical problems involved in investigating crime of rape and homicide offences can be overcome.

If the investigator of the case is not ethical, it can affect the prosecution of the suspect in many ways. In case where the prosecutor feels that a particular person is wrongly framed in a crime, he or she can file a motion for the pretrial of charges. Or else for homicide offense, the prosecutor can try an appeal bargain for shrinking of charges. In rape cases, if the prosecutor discovers that the investigator of the case has been unethical, the prosecutor can state that this particular offense is not rape but a sexual conduct of mutual consent and hence the charges of rape can be dropped.

Like the prosecutor of the case, various ethical practices are incumbent on the part of the investigator also. The defendant will be deemed guiltless until proven otherwise in the court of law. In the case of a homicide, the investigator will have to learn every fact of the case. If the facts are complex, the investigator needs to thoroughly investigate, without any prejudice to the defendant. In the case of an offence rape, the prosecutor must bear in mind ant the case is only impeached on the basis of the facts at hand, and not based on individual bias.

It is the ethical responsibility of the prosecutor to make sure that whatever facts the investigator offers would be completely appropriate to the case at hand, or else, the prosecutor of the case may have to file a motion for the facts to be dismissed as extraneous and immaterial to the case at hand.Reference ListHomicide, (2011). Farlex, Inc. Retrieved Aug. 09, 2011, from http://legal- dictionary.thefreedictionary.com/homicideTeens Health, (1995). The Nemours Foundation. Retrieved Aug. 09, 2011, from http://kidshealth.

org/teen/safety/safebasics/rape_what_to_do.html#a_What_Should_I_Do