Investigations Involving Children as Victims of Violent or Sexual Offences in the United Arab - Assignment Example

INVESTIGATIONS INVOLVING CHILDREN AS VICTIMS OF VIOLENT OR SEXUAL OFFENCES by Student’s name Code+ course name Professor’s name University name City, State Date Investigations involving children as victims of violent or sexual offenses Children are nowadays prone to violence or sexual violations the world round. This menace is however a current development that has emanated in the world of crime leaving many shocked while others bears scars that can only bear evidence of some very treacherous ordeals. This current uprising has to curb before blowing into full swing and threatening the set up of humanity. It is hence essential that the police among other investigators combine efforts to combat the insecurity that surrounds children currently. For every parent, the security and well being of the child is crucial, this tenet should also be contained by the government of the day in all nations as this will greatly harness bringing to an end of the social vice. However, many nations more so the developing nations still do not know how to combat this issue as there are other impending issues that need keen focus as well that threaten the security of such countries. In other nations, the investigators are not used to handling children cases hence this might pose a challenge to them. In addition, uncouth handling techniques of already frustrated children greatly hamper the investigation process. In a nation seeking to accord justice to its citizens or subjects, the investigation process has to be streamlined as it is a very essential ingredient in the entire justice system (Butler 2001). This paper hence seeks to evaluate the existing investigation procedures involving children. In addition, the investigators antics to collect information or evidence from children will be under scrutiny. Processes for investigations involving children Children, like all other human beings have the universal rights that have to be put under consideration. Whether the child is a victim in a case of assault or is a witness to a crime certainundeniable rights contained in the children convention have to be upheld and maintained. The investigation process should at all times have the best interest of the child bearing in mind that the child has rights just like everybody else. In addition this does not imply that the rights of the accused or the accuser should be infringed, all parties should receive equal treatment befitting their status. It is also important to note that the investigation process should not meddle into the life of the child as this is the formation stage and any interference may negate the required growth process to take the course. Objectives of the research This research aims at establishing the existing investigation procedures that are undertaken when dealing with children related cases. In addition, the research will evaluate the how the investigators are trained and how bothprocesses can be improved to enhance the attainment of better results. The research questions What are the steps involved in the investigation process? What are the caution measures in place taken to negate additional frustration to the children during the investigation process? How is training undertaken and what is involved? Literature review Like all the other investigation procedures, the onset of the investigation is sparked by the reporting of a crime to the relevant authorities. It is hence the duty of the parent, guardian, teacher or doctor to report a crime. In many scenarios once a child is put under threat, there is a slight possibility that the child will defy. It is hence the duty of those staying with children for long hours to note undesired behavior and report the same to the relevant authorities. The parent, guardian, teacher or doctor will report a crime if they have a reasonable cause to believe that all is not well. In addition, the individual who is bestowed the responsibility to report a crime will also be required to provide assistance when extracting information from children. Children are quite delicate individuals and will more often than not need a figure they can recognize for them to cooperate. It should also be noted the reporting obligation should by far and large remain as confidential as possible. Once the crime is reported, the children should be separated from their offender. This can be through various child protection antics that can be adopted. This move essentially seeks to ensure that no more harm will prevail as the magnitude may be detrimental leading to even loss of lives in extreme cases. It only prudent that the guardian if unable to provide security for the child engages the state to offer child protection services that will in turn negate any form of meeting between the child and the alleged offender. Since the investigation process would be already ongoing at this stage, the child whether bearing the status of the witness or the victim, the child should be protected hence this will reduce the possibility of further harm or intimidation which would in turn undermine the whole investigation process. This authority to offer child protection services is usually a responsibility of the state (Myers 2006). A child ailing from molestation or other child related atrocities should be assigned a lawyer who is free as the expenses related to the justice process are met by the state. This follows upon request of such a lawyer which might be made by the child in question or the parent or guardian of such a child. At this stage, the accused may face pre trial detention so as to negate any form of meeting between the victimized child and the alleged offender. The safety of the child is crucial hence stringent measures areformulated to enhance the safety of the child. In addition, the child’s guardian will be of much help as language or expression inabilities may greatly hinder the efforts of the investigations. It is thus wise that the investigator seeks the help of a translator or a close professional to whom the child’s freedom will be enhanced thus facilitating retrieval of crucial information which will greatly aid in the prosecution of the offender. Medical examinations are also essential and involve the taking of blood samples. However, the samples are only taken in the presence of a guardian or an adult responsible for the well being of the child. In other instances, the court may provide authorization that the body samples be taken to provide essential information to the prosecutor. In the investigation phase, body samples will be taken if there exists sufficient evidence to make the court believe that the body samples will provide sufficient information that might lead to the final decision. In other instances, the body samples are taken when the health of the child is in question. For instance, if the mental condition of the child is in question, then the body samples will be taken to offer court with the information required which will greatly aid the court for instance in making a ruling. Following the ruling or the parent’s mandate that body samples can be conducted, the investigator's responsibility is to ensure that sufficient caution and care is taken as the tests are administered. In addition, the investigator will seek to ensure that the person conducting the samples is efficient and compliant to the rules governing the medical field (Pence & Wilson 1994). The investigation process will also inculcate a process where the child can be accorded training to enhance on communication skills. Secondary victimization and duress are keenly prevented as they may under pine the investigation process. The support person closely works with the investigator to try and get as much information as possible from the child. Throughout the decision process, the support person will be of great benefit due to the advanced training on child handling hence cooperation will be harnessed from the child’s end. The support person conclusively offers emotional support to the aggrieved child together with assistance in a very tender manner. As the investigation process forges on, it is important that the crucial element of confidentiality be considered. This is because; the release of information to unintended persons may greatly undermine the investigation efforts. For instance, any individual who by course of duty comes across information that is related to the child’s case and forwards the same information to other unrelated parties may be found guilty. In addition, children may not have reservation on the people they should provide information to. It is thus the duty of the child protection services to keep vigilant and ensure that the child does not communicate any confidential information to the undesired people as this will impede the investigation procedure. Another factor that may greatly undermine the investigation procedure is the training of the professionals working with the children witnesses’ or victims (Faller 1993). Such professionals should undergo adequate training that will in turn ensure that the professionals are well versant with the appropriate techniques to handle children due to their delicate nature and prevalent frustration. For the required results to be achieved the following crucial aspects should be emphasized upon during the training; the human rights standards and norms should be inculcated in the minds of the professionals including the rights of a child. Also the ethical duties that are related to the function of the professionals and investigators alike should be considered. It is also essential that the professional be equipped with ways to detect the symptoms of a sexually victimized child or otherwise. In addition, both the professional and the investigator should be aware of the dynamic perspective that the child related crimes may adopt. This is due to the fact; the child related crimes may be of diverse nature each varying in the level of magnitude. In addition, the measures and antics that can be adopted by the professionals as well as the investigators should be formulated in a special way to harness the child’s ability to open up. Interviewing and other assessing techniques should be formulated in such a way that they address the prevalent trauma borne by the child. The procedure should hence be formulated in such a way that the assessment is not more traumatizing to the already ailing child. There is also the necessity that the child protection methods adopted bear in mind the current status of the child hence aim at improving it other than worsening it. The investigation process uses the support person to trickle information down to the child, hence the child is aware of the situation at hand and gets the comfort of promised justice. The support person is endowed with facts relating to the relationship existing between the child and the offender prior to the molestation ordeal. In the event that the accused will be found innocent at any stage of the investigation process, the child will be dully notified and extensively counseled by the support person who will then seek comfortable prevention measures for the child thus enhancing proper security. In some few instances, the court may require a competency test to verify that the child is aware of all material facts produced as evidence. However, for the decision to carry out the competency test to be awarded, the primary concern will be the well being of the child. Expert services will be sought by the courtto assist in the performance of the competency examination. The examination will contain questions that should be asked in a sensitive manner that will enhance normal child development.the examinations will more often than not adopt a psychological or a psychiatric approach but will only be conducted if there exists a compelling reason to do so. This is one of the methodologies inculcated in the court system to verify the information provided by a child. Normally, the oath procedure is followed by the adults. However, in case of a child witness, false testimony cannot lead to prosecution of the child (Apri, National center for prosecution of child abuse 2004). The support person is the leading avenue to retrieving information from the child. This is because, the support person is endowed with the with the sufficient know how to deal with children and as such magistrates require that before a child is presented as a source of evidence, a support person be availed. Investigators who are experienced garner more information with much ease than the inexperienced counterpart. This is due to the fact that, the additional experience that is awarded to investigators to enable their capacity in handling children greatly enhances better results. The inexperienced investigators might end up traumatizing the children even more due to their incapacitation to handle complex situations. In addition, traumatized children are very fragile emotionally. For many years, the training of investigators has been inculcating the notion that force is the best policy that later accords the desired results. If for instance such mentality is used by the inexperienced investigator while handling a child related case, dismal results will be obtained. The main method utilized by experienced investigators to deduce information from children is by fostering a relationship of trust between the child and the investigator. It is widely affirmed that children will rarely open to strangers when seeking consolation. The first move will hence be to ensure that there is a cordial relation between the investigator and the child. This form of relationship will foster the information flow from the child to the investigator at a higher rate and provide more reliable information. Another mechanism that is adopted is the use of medical tests through blood samples. Since the issue at hand is a concern about molestation, there is a high probability that the samples derived will provide information about the actual offender. If the blood samples are used in a diligent manner, then accurate and reliable results will be accorded and hence the prosecution will have a nice base in the court hearings. However, the medical samples are not just taken on thought. The court has to issue a written notice to the investigator permitting the medical tests. In addition, the parents or guardian should be notified for permission to carry out the medical tests. It is the responsibility of the investigator to ensure the there physician engaged is rightly compliant to the regulations of the medicine doctrine. Also, the investigator will use the data collected from the medical tests to strengthen his investigation capabilities. Alternatively the services of a support person are sought to harness the data retrieval endeavorsfor the child in a considerate, timely and accurate manner. The support person has special training in matters relating to children investigations. This training helps provide the child with a conducive environment where the child feels free to express emotions or tribulations that have piled up due to atrocities faced in the past. The support person facilitates emotional recovery of the child and this is the fundamental stage of recovery. In addition, the support person is responsible for training the child to a point where the child can face a court of law either as a victim or a witness in a case (Snow 2006). The support person is hence a reliable platform for the inexperienced investigators to use as the major responsibility will be handled by the support person. In certain nations around the world, the magistrate in a court of law will not listen to a case involving a child regardless of the capacity either a victim or a witness unless the child has a support person. The support person is hence a reliable linkage between children and the investigationprocess. The support person essentially seeks to ensure that justice prevails and the child’s case is heard by all relevant parties. More often than not, justice is hard to come by, but with the right investigator, support person and a cooperative child, the offenders will gradually be brought to justice. For children to be able to offer the required information that will enhance the prosecution of the responsible offender, the investigators should be endowed with appropriate techniques to handle the traumatized children. After an ordeal with captives, more often than not, regardless of age the victims usually in a very compromising state. Investigations are mainly undertaken as a special task that will facilitate the capture and prosecution of the offender. Proper investigation seeks to deliver justice to the victim and is usually emphasized in democratic nations where justice for all is served. The process of investigation if properly undertaken, will not only benefit the victim but will also reduce the level of anguish that be-gets the family of the aggrieved (Sennewald&Tsukayama 2006). Investigations will only be enhanced if the training of the investigators is handled in an appropriate manner. Training of investigators The process of training investigators is encumbered with various challenges. The initial challenge is the fact that underpins the training of the investigators is the fact that the field of investigation is dynamic and very broad. This implies that there are various investigation modes that the training format can adopt. However, private investigation is the most common form of investigation among other forms of investigation like the clinical, detective, inspector of police, investigator straight, new or principal investigator, the special investigator, and the paranormal investigators.in additional the training program of investigation is widely viewed as tricky. This is because, unlike other professionals, a degree is not a requirement in the field of investigations. It is hence apparent that in this career of investigations, the classroom ideologies can only help jump-start the career with no much value added. Investigation largely deals with deals with intuition and experience of the investigator. This is because, it is difficult to assist an individual acquire antics that will help him uncover acts of illegality. The issue of personality also greatly affects training program. This is because, vigorous training is undertaken to enhance the trainee with perseverance antics in case of hardships while undertaking duties. The training program is hence framed in such a way that it will serve as a prototype to the hardships that may prevail in the real world. The training program seeks to equip the trainee who is later expected to be the investigator with stern antics to combat any obstacle in the field. Investigation is considered to be a legal affair and hence calls for stern personality when indulging in the career. It is also advisable for the trainers to inculcate the various problems that mights exist in the real world hence equipping the trainee with an all rounded mentality. The training program has to be compliant with the relevant authorities that will in turn imply that the investigator will learn to comply with relevant regulations. In the investigation discipline, it is important that the entire recruitment program emphasizes on the need to maintain privacy on issues and highly regard confidentiality. Training of investigators should also be cost efficient (Dempsey &Forst 2012). When dealing with investigation issues, the training program should also incorporate the aspect of handling victims of various forms of assailants. The victims are greatly considered to be in shock and require special attention. For the investigators are able to get information from the victims, it is important that the training program enhance the capabilities of the investigator. The training program of investigators is deemed to be tricky due to the fact that, the investigator is expected to balance and react differently to victims and offenders both of whom greatly help the investigator attain results (EC-council 2009). The only difference is in how the investigator reacts to either party. In addition, a good investigator should be endowed with the following traits; an investigator should have the ability to spot and identify witnesses and also be capable of scrutinizing documents thus be able to gather evidence. The investigator should be trained in such a way that it is no problem in identifying complete fact and has the ability to correctly engage witnesses. The investigator should also seek to remain within the stipulated legal framework as the quest to attain justice is undertaken. In addition, the investigator should seek to remain clear in the mode with which reports are formulated and presented to the relevant authorities. The ability to question key aspects without notifying the suspects of their status is also an important quality for an investigator. Analysis and findings The investigation is the process by which the investigators seek to uncover the the dealing that take place and serve justice to the aggrieved party. An appropriate investigation process should emphasize on results to the aggrieved and the offender should be acquainted with retribution measures. Prosecution is always based on the product of an investigation process and as such an appropriate investigation will evidently produce a strong prosecution case which will hence facilitate the enforcement of justice. An appropriate investigation adopts the following approach; the whole process begins with the receiving of the complaint from the victim. This thus marks the onset of the investigation process. The investigator then seeks to gather evidence in the field with regards to the crime in question following the tips from the complainant. The complainant is at times required to affirm some of the representations gotten from respondents. All the information is then forwarded to an investigation committee for further considerations. Considerations by the investigative committee then follow suit. At this stage of the investigation, the investigation committee is called upon to make a decision. The first viable decision that can be made is to take no further action, the investigation committee may also decide to issue a strict warning to the registrant. The investigation committee may also recommend the audience of a public hearing for a conclusive decision of what should be done. In the public hearing, issues relating to penalties will be awarded and justice will deemed as having prevailed. This form of fair investigation process is only possible in instances a democratic government is in place and as such has the mandate to oversee the execution of a fair and just system to all citizens. The importance or advantages of an appropriate investigation process mainly accrue to the victims and society at large. A good investigation process should also seek to acknowledge the atrocities that befall different victims and thus treat the victims with care which will harness the attainment of the required results. This is due to the fact, when handling with children for instance, considering what kind of trauma the children might have undergone, it is important that the investigation process take heed of that and consider the impact of investigations to the young developing minds (Sennewald&Tsukayama 2006). The process of investigation and the training process greatly determine the kind of results the justice system will accord. The issue revolving around child injustice is rampant in the world today. In the quest to streamline the social atrocities that befall children, it is important that the justice system undergoes an overhaul. This is due to the reason that, the justice system in itself was set up to address other injustices that mainly revolved around the elderly in society as child related crimes were not prevalent. However, given the dynamics of the world today, many things have changes resulting in good or bad outcomes. The issue relating to child molestation and other child related atrocities emanate from the modern society and are so rampant to an extent that something has to be done to mitigate these activities. This implies that some action has to be taken to address the old justice system which will in turn enhance the reduction of the current prevalent social injustices against children. The justice system is deeply entrenched on the tenets adopted to accomplish investigations. This is due to the fact that, it is from a well carried out investigation that the prosecution will base their arguments and hence accord the correct penalties to the offenders. The retribution and deterrence measures will also be deemed as a functional in an environment where the justice system has been upgraded to mitigate the upcoming social atrocities. It is hence evident that the process of undertaking an investigation and the training program should be undertaken as this will enhance justice is served to the offenders who eminently take advantage of the young kids (Schutt 2006). Conclusion and recommendations The issue relating to upgrading the justice system can be undertaken via various models. For instance, the training of the investigator should be upgraded. This will greatly aid the efforts of the entire process. The training program should enlighten the entire process of seeking justice. This is due to the fact that, the investigators are at the onset of the quest for justice. It will be considered beneficial if the training program inculcates the following measures; the capability to identify witnesses among the crowds and the ability to sort out relevant evidence relevant materials will be a crucial asset. In both the United Arab Emirates and the United Kingdom, the reliability and dependability of the investigator are an issue of key concern if at all justice is to prevail through the opening up, of children serving as witnesses. In addition, the training program should provide ways or methods of handling children with care. Many of the children in question are traumatized and unstable. The training process should hence seek to inculcate good children handling antics that will enhance the ability of the investigators to handle delicate children and be well aware to extract information from them without any more harm (Dempsey &Forst 2012). The issue of witness protection should be clearly addressed more so in the United Arab Emirates where unlike the United Kingdom, appropriate measures to protect the rights of a witness are yet to be formulated and well implemented. This will greatly enhance the efforts of the collaboration between children and the investigators this facilitating great yard sticks to the capture and rightful prosecution of offenders and child rights violators. The process of investigation will also greatly harness the outcome of children's engagement in justice related issues such as evidence and witness provision which will in turn foster improved justice prevails. The process of investigation needs to change for it to acclimatize with the ever dynamic world. The process of investigation will need to improve by ensuring that there is a cordial relation between the suspect and the investigator. This can only be achieved if the suspect is not aware of the intent of the investigator. Unlike in the United Kingdom, the old antics are still practiced in the United Arab Emirates where suspects are handled as captives (Schutt 2006). The traditional and tyrannical tendencies are seemingly prevalent in the middle east. This kind of ancient and crude methodologies will not facilitate the impact children might bring on the urge to improve on the social justice system in the world round. It is hence apparent that the main contrast between the United Kingdom and the United Arab Emirates with regards to how the two countries undertake their investigations revolve around the extraction of information from witnesses. The old and tyrannical beliefs still entrenched in the United Arab Emirates to extract information by forceful methods has been passed by both time and age. It is very essential that such countries adopt the new framework of handling suspects were the individual rights are respected. The main intent or objective of the newly adopted antic is to utilize the reverse psychology mentality which has remarkable results from both the children and adults across the divide. In addition, children in the newly adopted setting should be incorporated in the new justice system as this will greatly foster a larger base for witnesses and testimony hence more reliable prosecutions into the future. Reference list Apri, National center for prosecution of child abuse, 2004, Investigation and prosecution of child abuse, Sage, Thousand Oaks. Butler, E, 2001, Anatomy of the McMartin child molestation case, University Press of America, Lanham, Md. Dempsey, J, &Forst, L, 2012, An introduction to policing, Delmar Cengage Learning Clifton Park, NY. EC-council, 2009, Investigation Procedures and Response, Course Technology Ptr. Faller, K, 1993, Child sexual abuse: intervention and treatment issues. [Washington, D.C.], U.S. Dept. of Health and Human Services, Administration for Children and Families, Administratin on Children, Youth and Families. Myers, J, 2006, Child protection in America: past, present, and future, Oxford University Press, Oxford. Pence, D, & Wilson, C, 1994, Team investigation of child sexual abuse: the uneasy alliance., Sage Publications, Thousand Oaks, Calif. Schutt, R, 2006, Investigating the social world: the process and practice of research, Pine Forge Press Thousand Oaks, Calif. Sennewald, C, &Tsukayama, J, 2006, The process of investigation concepts and strategies for investigators in the private sector, Butterworth-Heinemann/Elsevier, Amsterdam. Shibata, T, Inoue, F, Kunihiro, T, & Long, D, 1998, Sociolinguistics in Japanese contexts, Mouton de Gruyter, Berlin. Snow, R, 2006, Sex crimes investigation: catching and prosecuting the perpetrators, Conn, Praeger, Westport. Read More