Unethical Practices in Criminal Investigation

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Table of Contents

Introduction
Issues to Address
Conclusion
Reference List

Introduction

Investigating a case thoroughly so that the truth could be found out and that the necessary evidence could be retrieved to resolve the issue is a part and parcel of the contemporary legal justice system (Acker & Brody, 2011). However, to retrieve the necessary data in a timely manner, the representatives of the system in question often have to use the shortcuts that might be considered ethically questionable. As a rule, the use of the approach in question is explained by the-ends-justify-the-means philosophy. However, the ethics of Consequentialism might not necessarily have to apply to any justice-related dilemma. Despite the fact that the use of lies, force, and other dubious techniques may be a powerful tool in retrieving the necessary data, it can only be used in the instances that require immediate action and do not imply any other options; otherwise, the very system of justice will be severely compromised.

Issues to Address

Lying

The balance between the search for the truth, which the justice system is geared toward, and the appreciation for the individual’s rights and freedoms, is not to be broken; otherwise, the very foundation of the system will be undermined, as Acker and Brody (2011) explain. Therefore, the use of the techniques that can be defined as ethically questionable should not be considered a part of regular practice (Acker & Brody, 2011).

For example, police or other members of the justice system may resort to lying as the means of tricking the criminal or the person linked to the crime directly to disclose the information about the whereabouts of the hostages and, therefore, save the latter’s life by carrying out a storm of the criminal’s lair and rescuing the people. Although resorting to lies, nevertheless, taints the police in the specified case, the act of corruption can be justified by saving lives. In other words, the members of the police redeem themselves and the justice system by making this sacrifice. The recent plague of perjury that has swept the nation, however, is not to be viewed as an acceptable phenomenon (Denvir, 2016).

Police Violence

The use of brutal force, in its turn, is an even more questionable issue as far as the tools for retrieving the necessary information by all means possible are concerned. Unfortunately, recent studies indicate that the U.S. legal system is not completely secure from the abuse of power and the application of brutal force for retrieving the necessary information. Police brutality may be viewed as the inevitable evil, which is used when there are no other ways of getting the required data from the criminal. Similarly to the example provided above, the use of force can be justified when the time is pressing, and there are no other ways of acquiring the necessary information fast (Denvir, 2016).

However, one must admit that recent cases point to the abuse of power among the representatives of the American legal system as far as the use of force is concerned (Acker & Brody, 2011). Specifically, its excessive application, especially when used against the representatives of a particular ethnicity, may spark a large social conflict. Furthermore, the disregard for the primary ethical principles, especially as far as the virtue ethics is concerned, is likely to tear the very fabric of the society and the justice system apart: “In a number of closely watched cases involving the deaths of young black men, police have been acquitted, generating uproar and concerns about equal justice for all” (Winbey & Kille, 2016, par. 2). Therefore, the subject matter seems to have become a significant impediment to promoting justice in society.

Conclusion

One must admit that meeting the requirements of the justice system (i.e., punishing the criminals and providing them with an opportunity to redeem themselves) is barely possible because of the time and resource constraints. To acquire the necessary information within the shortest amount of time and reducing the threat of more victims emerging in the process, the members of the justice system need to resort to rather harsh measures, which are incompatible with the contemporary ethical and moral principles. However, the situations in which the basic ethical concepts are violated should be an exception to the rule rather than a regular occurrence. For these purposes, the framework for the members of the legal system to operate must be created. Primarily, the tools for performance enhancement, such as the introduction of new information management tools, must be provided so that the process of data retrieval should not require violence, lying, or any other action that can be viewed as ethically questionable. Furthermore, it will be necessary to build a system of ethical principles that the members of the justice system should be able to accept as part and parcel of their job. Once the appropriate leadership tools and strategies (e.g., transformative leadership) are used to alter the existing justice system, one will be able to address the emergent ethical dilemmas properly.

Reference List

Acker, J. R., & Brody, D. C. (2011). Criminal procedure: A contemporary perspective. New York, NY: Jones & Bartlett Publishers.

Denvir, D. (2016). Perjury USA: Rampant police lying taints criminal justice system nationwide.Salon. Web.

Winbey, J., & Kille, L. W. (2016). Excessive or reasonable force by police? Research on law enforcement and racial conflict.Journalist’s Resource. Web.

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Unethical Practices in Criminal Investigation

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