Objectives for an investigator in a complex investigation
This essay deals about the global issues regarding crime and investigation, various forensic and analytical techniques that are applicable, roles of the victim, media & finances within forensic investigations and the issues of diversity as they may relate to forensic investigations. There are several circumstances where the uses of various forensic and analytical techniques are applicable. Forensic analyses generally consists of separate components that might he engaged in any of the cases (Robertson 2012).
The recognition calls for the qualitative determinations of the identities of any substances, based on the measurement of its chemical and physical property. Results of such recognitions alone do not generally shed much new focus on a particular case; though, there have been cases where the identification of a substance completes the forensic investigations (Al Mutawa, Baggili and Marrington 2012).
The dynamics such as the roles of the victim, media and finances within forensic investigations are s follows One of the noteworthy rights of a victim in a criminal investigation is to have the right of being heard (Audi Alteram Partem) at the time of the proceedings of significant criminal justice, which affects his interest. This kind of participation is the basic method by which the victim plays a positive role in the process of criminal justice.
The role of victim in criminal prosecutions has been essential, as it is fundamental for any successful prosecution. Moreover, the cooperation of victims in the prosecution and investigation process often results in exercise of the prosecutor’s discretion in favor of criminal prosecution. Furthermore, the inclusion of the victims in the investigation process which leads to exercise of prosecutor’s discretion in the criminal process which permits the prosecutors to use the resources and information in an appropriate manner (Ludwig, Fraser and Williams 2012).
Due to the exercise of the discretion by the prosecutor, the prosecutor often relies on crime victims and since the prosecutors represent the government, they are often encouraged to consider the interests of the victims as well. Further, in all kinds of cases, from the most serious to the less serious cases, the cooperation from public is always relied upon.
Media has always been considered as the watchdogs of the societies. The media serves to be the main source of information regarding crimes to the public. Due to social alienation, there has been an increased reliance on the media for news and updates. Media has played a major part in reshaping and modifying the opinion of the public, and eventually the Policy of criminal justice.
Management of investigation facets and aspects
Media, like other several advancements in communication technology, has certain advantages and drawbacks as well.
The advantages of media in an investigating process are essential as it assists the investigating officer to investigate any crime scenes through CCTV footage, Facebook, Youtube, etc. Further, the social media ‘broadcasting’ of the criminal trials has added an additional degree of transparency to the criminal proceedings (Mackin 2013).
The drawbacks associated with the involvement of media in investigation process are that it poses risks for several users, especially, young people. Various forms of crime such as revenge porn which is entitled to harsher punishment is often displayed exaggeratedly by the media which might have an adverse impact upon the teenagers and the youth. The ways that are being adopted by the criminals in the contemporary period are portrayed through media, alerting the criminals to use different ways and diverting the youth towards the wrong path (Pedneault et al. 2012).
In regards to the financing of investigations, this area has always drawn little criminological and academic study. However, both human and financial resources play a significant role in the investigating-process. Some of the investigations include bankrupting of certain police forces. Due to lack of financial resources, often investigation process is hindered. Further, often delay in providing financial resources leads to delay in investigating process. Consequently, the material evidences are tampered with or are lost, leading to significant hindrance to the investigating process. Some of the crime requires use of advanced technologies to identify the accused. However, lack of financial or delay in providing financial resources often results in non-use of advanced technologies or delay in transferring the evidences for examination.
There are several uses of covert and sensitive techniques within investigations. The covert or furtive investigations of crime has been a field in which several interest and principle find itself placed in vigorous, and rarely weighed down, interactions. Conventional approach of policing and traditional method of investigation of crime has now been a component of a broader enforcement portfolio, which exist along with an increase in investigative potential that has arisen from development in technological field and the broadly held views that the new century has been facing new types of terrorization or threat that is required to be addressed in newer ways (Stelfox 2013).
There are several issues of diversity as they may relate to forensic investigations. Computerized database have been advanced in the field of Forensic Sciences for providing intelligence for the investigators. For instance, AFIS that is the Automated Fingerprint Identification System and DNA database proficiently helps the identification of the potential suspect, or specifically for the DNA, linked crime scene (Newburn, Williamson and Wright 2012).
Potential lines of enquiry and evidence collection methods
Investigating officers must assess the victims, combined with the other variables of investigation, which permit the officers to make a decision on which of the cases to be prioritized, and is vital to work on. This approach has often been seen to ignore the rights of each of the victim (Taylo, Fritsch and Liederbach 2014). An officer is supposed to be aware of any individual bias, and assure that the other variables are taken into consideration, like continuation of the biases, solvability, gravity of injuries or evidences that are perishable.
An example can be cited in this regard, as in the case of the officers of The Supreme Court of Canada, have been permitted to use tricks or strategies, for the purpose of solving crimes, as in the case of Regina v. Rothman. Specifically in the cases of dealers of drugs or gangsters in an undercover operation, for obtaining any covert confession. Lying has also been permitted to create evidences, or help in other civil or administrative proceedings, though the scope is narrow (Chen et al. 2013).
There are a number of complexities of the modern investigations. The speedy developments of computer technologies as well as the amalgamation of computers and communication technologies have made considerable alterations to the information activities of humans (Fisher and Fisher 2012). Firstly, the proficient and effectual power of the processing of information has made computers the most significant tool for the processing of data. Therefore, data are processed and are stored in the computer system, at a greater extent.
Secondly, the rising character of the Internet or World Wide Web has made it one of the most important medium for communication between the humans (Damshenas et al. 2012). As a result, the society is in a situation of transformation towards a virtual world where the everyday activity of the people, like opting for a service, shopping and particularly sharing of personal information, can be consummated without real contacts with other persons.
An overview indicating the wide-range of complexities that may be faced by a senior investigating officer:
Identification and response to the immediate risks related to safety It is essential to identify the risks. At the receiving of the complaints, the investigators are expected to detect whether the complainants or any other person has been at immediate risk or not. After that, those risks should be prioritized and any concerns relating to safety are to be referred to a colleague who is competent enough, and the Investigation Manager is to be informed (Strauch 2017). This would be proved as a help for ensuring that the organization takes the required and suitable actions depending on the types of risks.
Forensic and analytical techniques in investigations
Identification of risk, as to who and by what means some person could be at risks. Identification of risk means thinking in a broad manner regarding what had already taken place and could have taken place to all the persons who were concerned in the investigation process, together with the victim alleged, the complainants as well as the witness, any of the team members of local investigation and the Subjects of the concerned Complaint (Byers 2016).
Some of the risk are substantial and may be evident like, pregnancies or injury from any attacks by the Subjects of Complaints or relative. Other types of risk might not be so evident like, for example, sexual infection, economic loss and emotional trauma. These are considered to be injurious and cause in the reduction of the quality of life of a person and may slow down the desire or ability for contribution to the investigations (Chinn, Eichengreen and Ito 2013). The Subjects of Complaints may even be at a risk at the time of investigations, if the allegation becomes well known, the person might be under threats of retaliations from the community affected.
Initially, the investigation process involves the method of risk identification. After identification of risk has been done by the managers and the investigation team, they are required to grade or position them by persons, types of dangers and possibility of the occurrence of those risk, the risks which the most urgent, for the persons and, between the individuals, who has the most urgent needs (Robertson 2012). Usually, the need of the victim who has been alleged comes earliest as the person is probable to be the most vulnerable one.
Minimization of risk and the process of responding In conclusion, the organization has a duty to decrease the possibility that any person involved in the investigations would suffer injury. Generally, this means to refer persons at risks to the specialists having expertise for helping, as for example, doctor, trauma counselor, security specialist. The expert or specialized person needs to act for minimizing the risk under the regulation of the manager of investigation (Muro 2014). In case of an exceptional situation, when an individual is in immediate substantial danger or risk, the investigation team might have to take more dynamic roles, such as, by the consultation with the individual who necessitate relocation, and if required assisting the person for relocation.
The intricacy of ensuring safety of the people should not be underestimated. By the coverage of the survivors’ pressing safety needs, as well as the members of the family and in few case the Subjects of Complaints can be complex and expensive, which may necessitate working in partnerships with the other organizations (Moser and Kalton 2017). Once the organizations have prepared a response to every risk, a protection plan should be designed in conformity and cooperation with the team of investigation.
Roles of victim and media in forensic investigations
Firstly, securing of the evidences, the process by which the evidences can be preserved awaiting the investigations: Witnessing testimonies or evidences. The initial step for preservation of the witness testimonies is to evaluate information regarding the case as early as feasible, subsequent to the receipt of the allegation (Brunty, Miller and Helenek 2014). These contribute to the protection of witness from interference or intimidation by the Subjects of Complaints or other parties. In case there have been specific security concern for any of the involved party, the organization may be required to consider the relocation of the party affected or reposition the Subjects of Complaints devoid of any prejudices awaiting the outcomes of the investigations.
Physical evidences are to be gathered, photograph to be taken, photocopied or described in details. The investigator is recommended for conducting a site visit shortly after the receipt of the complaint as component of investigations and take photographs of relevant object, location or item. For the prevention of tampering with the relevant document or record, the investigator is expected to secure the Subjects of Complaint’s laptops or office computers.
Medical evidences: It has been uncommon to use medical evidences in the workplaces sexual exploitations as well as abuse investigation, given that in the majority of the case it would not be of help for establishing whether exploitations or abuses has happened. It has been more frequent for the former contact persons to make a note of any apparent physical sign of abuses when he or she meets the witness for the first time as well as to record the detail in the files, even though this is also not the authentication that the concerned witness was substantially abused by the Subjects of Complaints (Caygill, Davis and Higson 2012).
Ensuring privacy or confidentiality: Once the participant in the investigation is protected and the evidences are secured, the issues of confidentiality would become an important concern for the team of investigation.
The reason why confidentiality is important is that confidentiality means that the information regarding the complaints and investigations can only be revealed to a restricted number of specific people and in a constricted range of circumstance on a want-to-know basis. Confidentiality is considered significant since it safeguards the safety and privacy of all the persons occupied in the complaints. Every witness may fear reprisal or revenge from the Subjects of Complaints, communities or the colleagues or co-worker.
Financing investigations: Challenges and implications
Furthermore, for the survivor, the experiences of abuses can be very personal and a shameful matter for them, their communities or families; in consequence, other persons may harm or reject them. Even the Subjects of Complaints has interests in confidentialities, that the reputation would be harmed if other persons get to know regarding the complaints and the person may be targeted a victim in attacks of revenge. Thus, breach of confidentialities weakens trust and confidence from the people in the complaint mechanism, the organization and investigations itself. It would also weaken the abilities of the investigators to detect what had happened.
Accidental disclosures occur when the key detail regarding the complaints are unintentionally exposed, generally in case of informal conversations or by document going into the inappropriate hands. For minimizing the risk of accidental or unintentional disclosures, the investigator should build up action plans, which help in identifying the risk to confidentialities, define who is to be accountable to address those risks in every stages of the investigations and helps in the identification of the means of preventing disclosures. The investigator must necessitate any person from the organization having knowledge about the complaints for signing an oath of confidentiality.
Intentional disclosures have been considered harder to prevent. By the definition, it has involved some person who is trustworthy with matters and information. Organizations can decrease the risks by restricting the quantity of persons who has knowledge regarding the complaints, choosing members of the team cautiously as well as following the extensive background check, remaining attentive to conflict of interests and taking effective actions against anybody who intentionally broadcast private or confidential information regarding the case.
Making disclosures in a restricted manner In general, disclosures are permissible when; it has been permitted or required by law or the procedures or policies of an organization. It has been needed by the managements in the best of interest of the party as well as the organization, and, if it is required for obtaining the help of specialist for the survivors or advices on the evidences. Providing with a formal confirmation to the complainant, when the suitable persons know regarding the complaints, the concluding step is to approach the complainants with a formal or official confirmation.
The confirmation has been considered significant for reasons of transparency as well as accountability. It helps in showing the complainants that the concerned allegations have been taken sincerely and it provides the information for ensuring that the organization has been responding appropriately (Weizman 2014). For the organization that is conducting the investigations, it is considered as records that the allegation has been received and has been handled in a proper manner in the preliminary stage. This may particularly be crucial if the investigation has been audited.
Use of covert techniques in investigations
The consistent principles that should be followed to provide an effective investigation are: The primary aim of investigations has been to collect information, which prove or disprove the allegations. An investigator is not considered to be prosecutors (Dirkmaat 2014). The work is not to seek exclusively for facts and details which would convict the Subjects of Complaints but also to collect every evidence relevant for determining impartially whether the abuse or exploitation has occurred, that would then be passed on to the manager of investigation for the decision makings.
Furthermore, their objective has been to conduct investigations, which abide by the subsequent principle: Confidentiality is a moral principle, which restricts the access to and broadcasting of information. In case of an investigation, it has been required that information is generally accessible just to a restricted number of persons who are authorized for conducting the investigations, that is disclosures of information takes place on a required-to-know basis (Stoney, and Stoney 2015).
Welfare and health: the health requirements of the survivor are of utmost importance. Agency staffs who have been assigned for the purpose of conducting investigation are not supposed to assume to address the concern by themselves, however, have obligations to ensure that the matter is referred to the investigation manager who can focus on the needs confidentially throughout the process of investigation.
Legality or authenticity: The investigation should be conducted, commenced and reported compliance with all the applicable guidelines, regulations and rules including appropriate respect for the privacy and rights of the persons involved. The local law should be taken into account, because it related to the collection of evidences outside the premises of the organization and at the time of taking interview of the non-staff witness. If criminal activities appear to have been committed or attempted, the national authorities are to be informed. Organizations should have policies as to when and how to involve the national authority (Moshagen et al. 2014). Known the benefit and risk of notifying the national authority, the view of the victim is to be taken into consideration before making some decisions.
Professionalism: the staffs undertaking investigation are to have sufficient skill, trainings and awareness. The technique and methodology used in investigations should be suitable for the circumstance and objective of all the investigations.
Thoroughness: the investigation should be managed in a hard-working, absolute and well-focused way for ensuring that relevant evidences are obtained to ascertain the allegation.
Diversity issues in forensic investigations
Independence: the investigation should be managed in an equitable and fair manner. Evidences should be collected as well as reported in an impartial and independent way for the determination of the legality of allegations. The Investigator should be liberated, both in facts as well as in appearances, from any of the influences, which could prejudice his judgments (Fisher and Fisher 2012). The Investigator is supposed to make the managers familiar with of any of the probable conflict or influences with the intention of taking actions for resolving the issues prior to the commencement of the investigations.
Reviewing and planning: the investigation must be considered, designed, organized and completed or accomplished as early as feasible. The reports of investigation and conclusion should be supported by sufficient, precise and exact documentations and records.
The investigator effectively manages the opportunities and the challenges that might be presented of some of the issues that may be present within an investigation. The constraints on the investigation: Organizational constraint: authority Organization is supposed to give the investigator an authorization for initiating and conducting the investigation on behalf of the organization (Lillis et al. 2016).
Therefore, from the above discussion, it can be inferred that in order to ensure smooth investigating process, the investigating officer shall not allow any third party to have access to the crime scene. Further, the evidences collected from the crime scene should be maintained properly and prevent it from manipulation or tampering. The role of media is essential in investigating process but also has its own drawbacks, which must be taken into consideration by the investigators. In regards to the ethical issues, the investigator must maintain confidentiality and procedural fairness. It is highly recommended that the investigator must ascertain all the relevant information regarding the concerned crime and avoid any possible conflict of interest within the investigating process, thus, ensuring administering justice to the victim.
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