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What are the ethical implications of modern criminal investigation techniques?

Tanesha Laroux

Modern criminal investigation techniques have brought both benefits and ethical implications to our society. While these techniques have allowed law enforcement to solve difficult cases and prevent future crimes, they have raised concerns about privacy, due process, and the potential abuse of power. In this response, we will explore some of the ethical implications of modern criminal investigation techniques and how they affect our daily lives.

Firstly, modern criminal investigation techniques like data mining, predictive analytics, and facial recognition technologies have the potential to collect and store enormous amounts of personal information about individuals. This raises questions about whether this information should be available to the government, law enforcement, or private companies, and whether individuals have the right to know what information is being collected about them. Additionally, it raises concerns about the use of this information for discriminatory purposes, such as racial profiling, or the increased surveillance of vulnerable populations. For example, facial recognition technology has been criticized for its inaccuracy in identifying people of color and its potential to exacerbate existing biases in the criminal justice system.

Secondly, modern investigation techniques challenge the concept of due process, as the collection and analysis of data can be carried out without a warrant or court order. This raises concerns about the potential for abuse of power or the misuse of information, as well as the lack of transparency in the investigative process. For example, the use of stingrays, which are devices that mimic cell phone towers to collect data on nearby phones, has been criticized for being used without a warrant and for the collection of data on innocent individuals.

Thirdly, modern technology can be used to manipulate evidence or create false information. For instance, deepfake technology can be used to create realistic yet fake videos that can be used to frame or discredit someone. Additionally, investigative techniques like undercover operations or the use of informants can raise questions about the use of deception in the investigative process and the potential for false accusations.

Fourthly, technology can be used inappropriately or without proper training, leading to errors and injustices. For instance, the use of predictive analytics in sentencing or bail decisions has been criticized for perpetuating existing biases in the criminal justice system and leading to unfair outcomes. Additionally, the use of untested or unreliable technologies can lead to incorrect identifications or wrongful convictions, as seen in cases like the wrongful conviction of Andrew Wilson in the UK based on facial recognition technology.

Lastly, modern criminal investigation techniques pose challenges to the human right to privacy. The collection and analysis of personal data without consent or knowledge raises concerns about the extent to which individuals can control their information and whether their privacy interests are being protected. This raises questions about whether these practices meet the standards set out in international human rights law and whether the balance between safety and security concerns and the protection of privacy is being appropriately weighed.

In conclusion, modern criminal investigation techniques bring ethical implications that cannot be overlooked. As more advanced technologies are developed and adopted, it is important to balance the benefits of these technologies with the need to protect human rights, privacy, and due process. Law enforcement agencies must be accountable for their use of technology and ensure that its use is transparent and lawful. Ultimately, we must be aware of the ethical implications of modern criminal investigation techniques to ensure they are used in appropriate ways that serve the interests of justice and protect individual rights and freedoms.