Murder Investigation in the United Arab Emirates - Assignment Example

Murder Investigation in the United Arab Emirates (UAE) Student’s Name: Instructor’s Name: Course Code and Name: University: Date Assignment is due: Table of contents Introduction………………………………………………………………………………..3 Existing methods and process to investigate murders……………………………………...4 Most important and crucial evidence ………………………………………………………7 How the investigation process oriented …………………………………………………...7 How the existing methods of investigation be improved ………………………………….9 Research Issues ………………………………………………………………………….. 13 References ………………………………………………………………………………..17 Murder Investigation in the United Arab Emirates (UAE) Introduction Murder is the most severe of all violent crimes that man can commit. Consequently, the deletion and reduction of this crime is essential for the public and law enforcement. This is more relevant to those who are in direct contact with the investigation. The police are among those who steer murder investigations. The police in countries such as those in the UAE have to modify their operational details owing to their national context. The UAE is a federation that constitutes several nations including Dubai, Abu Dhabi, Umm al-Qaiwan, Sharjah, Ra’s al Khaymah and al Fujayrah (Library of Congress 2007, p. 1). These states are subject to globalization and its effects. Consequently, cross border investigations are a common occurrence. Police have to adjust their investigation processes and methods to cope with the lessened intellectual and physical distance between people (United States Department of State 2011, p. 3). The criminal justice system in the UAE has severe sentencing rules, which makes it vital to carry out effective investigations. International movement of commodities and people is immediate, dynamic and flexible. These developments have brought with them threats and benefits. Threat regulation is thus, a chief challenge and concern for policing in the UAE. Those who perpetuate criminal activities hail from a cross section of the world’s societies (Holdaway 2012, p. 1). Increasing diversity in the identities of people in the UAE also translates to an increase in the identities of people involved in criminal activities. The gradually increasing global character of homicide necessitates international sharing and cooperation between police forces and intelligence agencies from different nations. The UAE itself is a collection of nations that enforce laws in a similar manner. Consequently, the need for intelligence sharing between the police and detectives of different nations is inevitable. Other than that, they also have to maintain internal security by ensuring that investigations are effective. This means that as many murder cases as possible should result in the arrest, and successful prosecution of the perpetrator. This paper will explore the topic of murder investigation in the United Arab Emirates using different research questions. The research will highlight existing processes and methods of murder investigation in the UAE. In addition, the research will look at what evidence is most important and crucial in investigating and prosecuting murder cases. To augment this, the research paper will show how processes of investigation are oriented to ensure effective collection of such evidence. Literature highlighting murder investigation practices in the UK and the UAE will be explored to identify similarities are differences, and to come up with recommendations for best practices in the UAE. The paper will also critically discuss how the proposed research design will modify, confirm or deny literature that exists as pertains to the topic of discourse. The critical discussion will be done in reference to theory, methods, research question and sampling challenges, analytical approaches and other issues related to research design. Existing methods and process to investigate murders Several strategic phases in an investigation are vital to the successful conclusion of a murder investigation (Ruiz 2012, p. 1). The first phase involves instigation of the initial responses. In this phase, police officers and medical examiners are deployed to the location of the incident. Those deployed take essential action to preserve the crime scene, locate relevant material and to arrest offenders. The second phase is the main investigation, which involves developing strategies for use in material and information gathering. This phase also involves the determination of the scene as a murder. Police officers identify and arrest the suspects and gather relevant material and evidence for use in prosecution. The final phase is known as case management. Case management is inclusive of all the activities involved in enquiries that are made post charge such as such as preparing for the material that will be used by the prosecution to charge the person arrested. These phases are not mutually exclusive and often overlap in their execution, for instance detectives who arrive at the initial response phase are likely to carry out activities involved in the second and third phases of investigation. An investigation is initiated as soon as a report is made to the police (UAE Government 2009, p. 9). The police should go a find all the information reported from the original report made t the police about the murder. Using this information, they can prioritize activities when they arrive at the scene. For instance, if someone calls and says that an individual has been shot, priority will be given to finding a gun at the murder scene. The most important steps that are taken to ensure that initial response is most effective are preserving the crime scene, securing the evidence available, identifying the victim and identifying possible suspects. All the material that is collected in the course of a murder investigation should be analyzed and stored appropriately. As soon as evidence that links an individual to the murder is found, the suspect should be questioned to find out relevant information. Information from suspects and results from analysis carried out on evidence collected steers the direction of the investigation. In the case of a cross border murder or if the victim or suspects are from across the border, the investigation will need additional international communication liaisons (United States Department of State 2011, p. 7). This means that the police officers should make use of available rules towards communicating with other nations to effect successful investigation of the murder. In addition, the police forces in UAE have interpreters for situations that warrant communicating with people they do not understand (Interpol 2012, p. 1). As soon as an individual dies, the police are notified and so is the medical examiner. The medical examiner determines how an individual died. Hence, the police have to wait for the go ahead of the medical examiner before they proceed to investigate. Accordingly, they only investigate if the medical examiner tells them that the death is a homicide or murder. This process does not tale long and most of the times, the medical examiner can tell if the incident is a murder from the crime scene. Following this, investigations begin through questioning and following leads that are found in the case before the suspect is arrested. . Processes in an investigation may differ depending on whether the investigation is local or if it is cross border. However, the type of evidence that is sought after is similar is both cases. Following the identification of a suspect, an arrest is issued. There is no bail system in the UAE. The defendant is entitled to be represented by legal counsel only after the police say that they have concluded investigations into the murder case. This helps in avoiding instances where the suspect may refuse to give relevant information. For instance, the legal system in the United States of America allows a suspect legal representation as soon as they are called in for questioning. Accordingly, getting confessions and relevant information is harder since counsel can advise their client not to talk. In a murder case, when a death sentence is passed, the consent of the victim’s family is required to commute the sentence (Library of Congress 2007, p. 15). Most important and crucial evidence for the investigation (and later prosecution) of murders and How is the investigation process oriented to ensure the collection of such evidence? The most important piece of evidence in murder cases is proving the intent to kill. Successful prosecution needs evidence that shows intent to kill. An example of such evidence is the suspect’s confession. Intent to kill is important because of the nature of law in the UAE. Islamic religious law is a principal source. It applies to criminal matters including murder. However, if the evidence required by Shari’a is insufficient, the penal code is applied. In the penal code Book 1 Article 1, the judge can issue a retributive penalty as is stipulated by Shari’a law (Death penalty worldwide 2011, 1). Understanding the type of law that is applied in courts in the UAE is important in comprehending the type of evidence that is required for prosecution. This, leads to a deeper grasp of the police force orientation in murder investigations. Courts in the UAE apply laws from the Maliki school of Sunni Islam, but they may also apply interpretations from other schools that are compatible (Death penalty worldwide 2011, p. 1). The practice that follows this application is that courts pronounce death sentences in murder cases. According to Islamic law, a sane person who kills another is a sinner who deserves perdition. Hence, the person is liable for retaliation. A murderer should be put to death. The death pronounced on the murderer will act as a diya (compensation) or a qisa (retaliation). Evidence that shows mens rea is important in murder cases. It is vital for police investigating murder cases to get a confession (Death penalty worldwide 2011, p. 1). Other than that, investigators need to prove the guilt of the arrested individual beyond a reasonable doubt. This involves using forensics and DNA investigative techniques to prove guilt. The body of the murder victim is an important piece of evidence as it will show the nature of the crime and help in establishing intent. The suspects of defendants in murder cases are presumed innocent until they are proven guilty. The cases are tried in before judges and not a jury. In criminal law, if an individual is to be found guilty of a crime, it must be proven that they had the intent to commit the crime. The intent to act in a manner that will harm another individual must be present. Another piece of evidence that is essential in proving guilt and intent is having witness testimony (Nicol et al 2004, p. 5). The police are often urged to work hard and find any witnesses to the crime that has been committed. There are rules on how to handle witnesses. These rules ensure that police officers do not coerce the witnesses and that the testimony provided by the witnesses is true. In addition, adhering to the protocol will also encourage witnesses to agree to testify in court if need be. Forensic evidence is important in investigations of murder, but in most cases, they need to be provided with a context that will explain their existence. The context is what decides whether an individual is a suspect or not. For instance, if an individual was murdered in a house and his wife’s fingerprints were found around the house, the context of the woman being his wife will explain why her fingerprints are in the house. However, if the fingerprints belonged to a total stranger who has no reason to be in the house, then the stranger will be a viable suspect. Such evidence is known as forensic evidence because they require forensic science to be carried out on them if they are to be verified as liable. There are different types of forensic evidence that are important to a murder case, and they include fingerprints, DNA and any other trace that may be found on the crime scene. Police officers are trained on how to handle the crime scene to ensure that such evidence is not contaminated (OSAC 2012, p. 1). The first thing that police officers to when they get to a crime scene is to secure it and prevent more people from going in so that the evidence is not contaminated. In addition, they wear gloves when handling things such as a potential murder weapon. In order to minimize the chances of making a mistake during an investigation, the police work together in a murder investigation (Nicol et al 2004, p. 35). Most of them are in teams of two or more individuals. They report their findings to a superior who keeps track of the investigation and the evidence. This orientation ensures that the detectives and police officers in charge of murder investigations collect evidence needed to get the right people convicted in court. The police force is a system and it works like a system. An effective system should be managed effectively to avoid issues in the execution of duties. Murder investigations are often carried out in a pressure-filled situation where those involved want to see the results of the investigation. Consequently, it is important to establish protocol that is followed in such times. The police in the UAE have protocol, which they follow in investigating murder cases (OSAC 2012, p. 1). These ensure that the procedures are adhered to so that there are no errors How can the existing methods of investigation be improved to solve more murders (comparing and contrasting UAE and UK literature and experience as appropriate There are several aspects of good practice that have been highlighted by literature about murder investigation in the UAE and in UK. One of the elements of good practice is identifying aspects within other cases that were conducted in accordance with protocol r good practice. This can be done through reviewing previous investigations. Such reviews arm the investigators with tools that they can apply when the situation calls for it. Among the most fundamental issues of effective investigation in the UAE is internal and external communication. Good communication ensures that information that pertains to different situations is carefully applied and effectively used in an investigation. The UAE deals with many cross border cases that should be investigated with good communication from the inside and outside. Information should be passed carefully between medical examiners, forensic investigators and the police. Chain of custody rules are followed to the latter (UNODC 2011, p. 86). The UK uses a homicide index as an additional tool for help in solving crimes (Francis 2004, 16). The homicide index contains information on crime that has been committed before. It is thus useful in profiling and finding other possible leads. It is mostly useful in finding out the offenders using the victim’s characteristics. England and Wales have a home office homicide index, which is the main information source for the police (Francis 2004, p. 17). Murders are recorded on this index together with their details. The main objective of a homicide index is to provide the police force with profiling advice or behavioral investigative information that would be used to develop strategies for murder investigation (Francis 2004, p. 20). There are numerous cases where offender profiles have been used to narrow down the scope of investigation and find offenders. Owing to the increase in the number of criminals – and by extension suspects –, the UAE would benefit highly from a homicide index of their own. Based on the nature of the killing, they could narrow down the list of suspects and solve murder cases faster than they usually do. Information from the homicide index will be helpful in developing effective lines of enquiry and search parameters. Essentially, one can use the characteristics of the victim to predict the offender’s traits. The UK and UAE police officers have made use of the media in certain homicide cases. This is especially the case when there are serial killings involved. The media can be used to give the profile of the offender to the public (Innes 1999, p. 269-286). In addition, the public can be used to find information on the possible direction that the offender took. For instance, if a suspect drove off in a blue van, the public may give information on where they saw the van thus, giving the police an idea about where the offender is heading. Trained media liaisons are used in these cases to ensure that the process does not encroach the rights of other individuals. Media liaisons have been of great use to the UAE especially in cases that involve cross border situations. Media awareness is carried out often to ask the public to be careful. Other recommendations that can lead to effective investigation of murders are ensuring that the management of an investigation is trained. These skilled personnel should be available to supervise cases and for the junior officers to enquire about different issues from them. In addition, any gaps that have been identified in the process of investigation should be highlighted, and sorted out. This includes implementing formalized processes where there is none. Formal processes will ensure that the police stick to their standard operating procedures as they investigate cases. For instance, the protocol to follow should be formalized so that they are protected and the information they provide remains credible (Brookman & Maguire 2003, p. 10). Such processes will also reduce the instances of getting false or irrelevant information. This is because part of the processes involves verifying the information that has been given by informants. Officers who arrive at the crime scene should be meticulous in preserving it, and preventing cross contamination. This includes giving detailed write ups of the crime scene that are sometimes augmented by photographs. When securing a crime scene, hygiene should be maintained to avoid contamination of the scene. Such contamination can come from a police officer touching objects without a glove. In this case, the police officer’s fingerprints will contaminate the scene. Forensic experts may waste time finding out who the print belongs to while they may have been working on different evidence. Officers should regularly carry out drills to remind themselves of activities such as wearing gloves before touching objects, and other processes that are carried out in using common standards. Most murder cases are solved relatively soon after the offence has been reported. In cases where more effort is needed to investigate, there is more effort needed to identify the offender, and to build a case against them. Research in social sciences is useful in understanding how the operation of the police force can be improved (Holdaway 2012, p. 1). Literature shows that the issues faced in organizations such as audit, system’s communication, and failure are also applicable to a wide array of aspects in the conduct of law enforcement in murder investigations. Hence, it is recommended that law enforcement employ organizational strategies in dealing with murder investigations. Major crimes units are systems that are characterized by tight coupling. Accordingly, errors in reasoning and practice can result in exacerbate and compound other difficulties in an investigation rapidly. Consequently, the system should engage in process and progress reviews often as a method of risk management. Reviews will help in identifying situations and investigative strategies that are likely to yield harmful results. Consistently engaging in these activities ensures that the police force is somewhat proactive in nature, and swift in solving crimes. Effective record keeping has enabled the police force in UK in solving murder investigations rapidly (UNODC 2011, p. 86). The records that need to be kept adequately include procedures, content, storage and acquirement of documentation. Chain of custody should be recorded so that records and evidence can be traced easily. The literature available on murder investigation in the UAE and in the UK shows a repetitive trend in the weaknesses that law enforcement suffers from. The most common of the weaknesses is due to human processes. There are numerous frailties in processes carried out by human beings (Nicol et al 2004, p. 35). Most of what constitutes an investigative process are carried out by human beings. Some of the weaknesses include inadequate knowledge, poor judgment in certain situations, lack of trained personnel, abrasive management styles and failure to comply with standard policies and processes (Bener et al 2010, p. 320). However, literature is still unclear on why areas such as initial scene actions and suspect/ witness management are susceptible to weaknesses. These weaknesses are shared by law enforcement in the UK and UAE. In most cases where the police failed to successfully convict an offender, the reason is often flawed human processes. Research Issues The research design adopted to find out answers to the research questions highlighted in the paper’s introduction should be one that ensures as much data and analysis as possible is enabled. Therefore, the theoretical framework employed should reflect this ability or the desire to achieve the ability. Most research is concerned with choosing between qualitative and quantitative research methodology (Sobh & Perry 2006, p. 1194). Quantitative researchers focus on using large samples and numbers to test the viability of theories and hypothesis. Qualitative researchers focus on meanings and words in relatively smaller samples to build theoretical perspectives. Methodology is one of the three elements of a paradigm within which researchers implicitly or explicitly work. Consequently, the other two elements of epistemology and ontology are not covered in methodology. Oncology refers to the reality that the research occurs within while epistemology is the relationship between the researcher, the methodology, the reality and the techniques employed by the researcher to explore the reality. Essentially, a paradigm is the overall conceptual framework that a researcher works within. It is a basic worldview that serves as a guide for the investigator. Murder investigation is an issue that affects everyone in the world. However, the extent to which it affects people is different. In addition, it is subject to different laws in the world, which determine its processes and procedures. Social contextual and technological issues affect murder investigation. Consequently, a paradigmatic framework should guide the type research design employed in exploring murder investigation in the UAE. Realism is the paradigm that will be employed in this research. In realism, the results of a study are generalized to theoretical propositions as opposed to populations (Sobh & Perry 2006, p. 1194). This means that the findings of the research are extended using analytical methods that show how the empirical findings have a place within theories. Findings of best practices of murder investigations should be generalized in a similar manner. This is because generalization to a population may be inaccurate owing to numerous contextual differences such as the organization of the police force, the economic status of the nation, and the technology available for use in an investigation. However, the findings can be applied to theories of criminal behavior and profiling. This means that the best practice found from a certain case than then be applied to a case with similar parameters effectively. In the realism paradigm, there is nothing wrong with reality. The issue is that it is probabilistically and imperfectly apprehensible. Thus, there is a possibility of coming up with inaccurate conclusions (Sobh & Perry 2006, p. 1195). To combat this, information from as many sources as possible should be used. These sources should be triangulated to come up with a suitable conclusion that will represent reality as accurately as possible (Sobh & Perry 2006, p. 1195). Thus, research into murder investigation in the UAE should be constituent of many cases from numerous sources. This many sources will present will give a clearer picture of the investigative processes and techniques, and best practices. The most commonly used methodologies in realism paradigm are qualitative. Murder investigation research should be inclusive of carrying out convergent interviews and case studies. An additional perspective that should be considered in developing a research design for murder investigation in the UAE is to consider the best methods of carrying out comparative criminology analyses. Comparative criminology is gaining popularity owing to the effects of globalization and increasing concerns about transnational crime. Despite globalization being at its peak, research shows that the systematic comparative criminology is still at an infancy stage. However, recommendations have been made that such research should be driven by renaissance in theory. Data analysis on its own does not yield helpful conclusions. Therefore, the research design in this case will also be informed by comparative criminology. Comparative criminology is a field that allows theories of criminology to be applied in different contexts (Howard et al 2000, p. 139). Theoretical views of criminology are typically generated within a particular context mostly constituent of nation states. Do the theories that are developed in the UK serve to explain the rate of crime on the UAE? Through asking such questions, comparative criminology permits investigators to test the generalizability of theories. In the process of doing so, they identify aspects of theories that can be generalized and those that cannot. Globalization is expanding the world as it minimizes the distance between people and cultures. Consequently, researchers that employ methodologies of comparative criminology will ensure that theories in criminal justice and criminology remain relevant as one of the exigencies of scholarly discourse (Howard et al 2000, p. 192). Comparative criminology is also important in assessing how criminal justice systems in nation states work (Howard et al 2000, p. 145). The research proposed in this paper is for murder investigation in the UAE as compared to the UK. Through highlighting the processes and techniques employed in the two nations, vital gaps can be pointed out, and strengths and weaknesses can be identified. Criminal justice systems can therefore make changes or modifications that they deem will be most effective. This is of fundamental value especially since the nature of crime is changing all over the world. Countries that did not have to deal with issues such as human trafficking have to do so now owing to globalization and other issues. comparative criminology is a vital tool in research (Howard et al 2000, p. 145). 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