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Legal and Ethical Issues and Solutions

Author: Janet Peter
by Janet Peter
Posted: Dec 20, 2018
police officer

Interrogation: Legal and Ethical Issues and Solutions

1. Distinguish between an interview and an interrogation.

Interview and interrogation have the common attribute of being in direct contact either physically or virtually to obtain some common understanding. However, the way the aspects are implemented is totally different. Interviews at all times are less formal, and the participants seem to establish a friendly ground of discussing. It is such less formal and accusatory conversation that is established with the primary goal of eliciting information for establishing an understanding of a phenomenon. On the other hand, interrogation comes in as a formal conversation and interaction between the police officer and a culprit that is mainly defined with the goal of getting a suspect to confess of the judges and provide the information behind the scene about the case.

2. Discuss the legal rules and regulations on confession.

There is the general law that regulates the police task of questioning the suspect and the outlined right to silence. The police officer has the duly right of questioning any individual when investigating a crime. However, another regulation comes by such that an individual is not compelled to provide answers to the posted question describing the right to silence. Confession should only be admissible in evidence if at all it is voluntarily provided. There should be no intimidation or persistent importunity to provide any confession. Such confession statement can as well get eliminated from the exercise of providing the judge’s discretion. Therefore, there are principles established to govern the admissibility of the confessional evidence that one should have no doubt. The Judges rules have provided guidance over confession such that there is a limit to which questions should not exceed.

3. Discuss legal issues in the case (e.g., the Miranda Warning)?

Based on the understating of the legal requirements, the police went against the confession law requirements with the brutal activities during the interrogation. There is the forceful provision of confession despite the fact that professionally the confession was not according to the true picture. There was custody of the suspect, and the interrogation exceeded the time required hence went against the Judges rule. The confession came after a forceful 9-hour interrogation that entailed threats of death to suspect. The legal issue arises with the imposition of torture (police brutality) to the suspect with lot intimidation.

4. Discuss ethical issues in this case (e.g., deceptive techniques in interrogation)?

The investigative work in policing is still an issue towards solving the crime and making sure that the public safety is maintained. The techniques adopted are bad such as the bad cop just to win the confession statement. It is not ideal to play a suspect against other to seek the truth. The most ethical issue comes with the deception technique of enacting lies to the suspect for the police to obtain the confession that is related to the underlying crime. Another identical ethical issue is the impersonation of the suspect to provide the information how the killing was made. Police brutality is outlined with the raising of voice and being assured death if the suspect does not confess.

5. Why did they confess the crimes?

The confession of the crime was made out of fear. Since the police officer only wanted to hear what they want the suspect did confess so as to save himself as he had been intimidated of facing death. The confession was provided out of the truth that was required for the proceedings of the case.

6. Your feedback and solutions to address issues related to police interrogation as illustrated in this case.

Police interrogation is aimed at providing the truth behind the scene of the crime, but the mode and procedures adopted in conducting the process are not according to the legal requirements. The police are often after hearing what they want to hear but not the truth based on the understanding of the suspect. Police interrogation aims at providing confession statement that when presented before the court overwrites the evidence provided. Therefore, the practice should do ethically without a fixed mind, and the process should strictly get confined within the governing law.

Sherry Roberts is the author of this paper. A senior editor at Melda Research in custom written research paper if you need a similar paper you can place your order for a custom research paper from essay writing service USA.

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"Janet Peter is the Managing Director of a globally competitive essay writing company.

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Janet Peter

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