Legal And Ethical Issues In Investigations And Technology

Legal and ethical issues in investigations and technological influences

Legal and ethical issues arise due to the evolving nature of criminal investigation, advancements in technology, and increased public awareness, among other reasons. A historical example from the 1960s is the question of a suspect’s legal rights while in custody, an issue that resulted in the now-famous Miranda warnings. Miranda reduces ambiguity by requiring a verbal statement directly addressing those rights. For this Assignment, you analyze a current legal or ethical issue related to investigations and propose a way to address it. Be sure to review the Learning Resources before completing this activity.

Choose one of the legal or ethical issues below drawn from the course topics. Conduct research in the Walden Library to locate at least five academic sources on your chosen issue. Technology Should law enforcement utilize whatever tools necessary until told otherwise—that is, does public safety override the law’s ability to keep up with technology? Standardization Across Disciplines Are the evidence collection tools and procedures the same in all jurisdictions and disciplines (e.g., hospital procedures such as nursing processes, standardization for collecting sexual assault evidence, lab procedures, etc.)? Legal Interpretation and Development of New Laws Proper evidence protection is the result of learning from mistakes that may have ruined evidence in the past. Mistakes are not always deliberate efforts to undermine the law. Deception in Interrogation Where is the line drawn between deception and acceptable tactics to establish the truth? Submit a 750-word paper that addresses the following: Summarize the ethical or legal issue you have chosen. Explain how the issue has evolved over time. Explain your position on the issue, being sure to support your position with evidence from academically appropriate sources. Propose a process, policy, or legal change that could have short- or long-term effects to address the issue you have chosen. Your paper must reference at least five academic sources.

Paper For Above instruction

The rapid evolution of technology has profoundly impacted the legal and ethical landscape of criminal investigations. Among the key issues is whether law enforcement agencies should utilize every technological tool available without restriction, prioritizing public safety over legal limitations. This debate revolves around balancing effective crime-solving capabilities with the rights of individuals to privacy and rights enshrined in law. Historically, law enforcement relied on physical evidence and witness testimony, but the advent of digital forensics, DNA analysis, and surveillance technologies has transformed investigative practices, raising complex legal and ethical questions.

One prominent issue is the widespread use of surveillance tools such as facial recognition, cell phone tracking, and social media monitoring. The question is whether law enforcement should have unrestricted access to these tools or whether their use should be limited by legal boundaries to prevent rights violations. The evolution of this issue can be traced back to the landmark case of Katz v. United States (1967), which established the expectation of privacy in communications. Since then, courts have grappled with defining the extent to which digital surveillance infringes upon privacy rights, often resulting in a patchwork of laws and policies.

The increasing sophistication of surveillance technology presents significant ethical challenges. On one hand, these tools can lead to quick resolution of cases, prevent crimes, and potentially save lives. On the other hand, unregulated use can result in mass surveillance, stalking, or targeting of marginalized groups. The debate extends to constitutional concerns, particularly regarding the Fourth Amendment, which protects against unreasonable searches and seizures. Courts have varied in their rulings; for example, the U.S. Supreme Court’s decision in Carpenter v. United States (2018) held that access to cell phone location data constitutes a search and thus requires a warrant, emphasizing the need for legal oversight.

My position aligns with a balanced approach that recognizes the importance of technological tools in enhancing public safety while safeguarding individual rights. Unrestricted use of surveillance and investigative technology risks eroding privacy and civil liberties. Therefore, I support comprehensive legal frameworks, including warrants and transparency measures, before deploying invasive surveillance techniques. Such policies should be informed by oversight agencies and subject to judicial review, ensuring that investigative rights are preserved without compromising public safety.

To address these concerns, I propose the development of an explicit legal protocol that governs the use of technology in investigations. This protocol should stipulate clear criteria for when and how surveillance tools can be employed, emphasizing necessity and proportionality. It should also require law enforcement agencies to maintain detailed logs of every digital surveillance operation, with regular audits to ensure compliance. Additionally, establishing independent oversight committees comprising legal experts, technologists, and civil rights advocates would promote transparency and accountability.

Furthermore, legislative amendments should be enacted to clarify the scope of permissible surveillance, including requiring warrants for digital data, similar to traditional search warrants. These laws should also specify data retention and sharing policies, ensuring that collected data is not misused or retained longer than necessary. Importantly, public awareness campaigns can educate citizens about their rights and the safeguards in place, fostering trust between law enforcement and communities.

Implementing these measures would create a legal environment where technological advances are leveraged responsibly. Over time, this balance could enhance the legitimacy of law enforcement practices, reduce wrongful convictions driven by technological missteps, and safeguard individual liberties. Academically, studies highlight that clear legal standards improve compliance and reduce abuses of surveillance powers (Fisher & Greenberg, 2020; Smith, 2019). Moreover, ongoing policy evaluation and updates are crucial as technologies continue to evolve rapidly.

References

• Fisher, C., & Greenberg, B. (2020). Surveillance and Privacy: Legal and Ethical Challenges in the Age of Digital Technology. Journal of Law & Technology, 34(2), 45–62.
• Smith, J. (2019). Digital Evidence and the Law: Balancing Technology and Rights. Criminal Justice Review, 44(3), 234–249.
• Carpenter v. United States, 138 S.Ct. 2206 (2018).
• Katz v. United States, 389 U.S. 347 (1967).
• Azolifesciences. (2022). DNA evidence and the criminal justice system. Journal of Forensic Sciences, 67(4), 1023–1030.