private investigator ethics
Jul. 25th, 2023 06:27 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
onymousstill exploring the often inadvertent nexus between private investigation and independent journalism in the true crime niche on social media (particularly youtube), and what ethics content creators ought to adopt to govern themselves as individuals.
for more context, see this earlier post.
i wanted to share this info, in hopes it might be helpful, about private investigator ethics.
"Just as here is a code of ethics imposed on investigators who are members of official agencies, there should be a code of ethics or ethical standards of conduct imposed on all other investigators who function outside the investigative framework of the official agencies. . . .
What exactly does ethics mean? What are ethical standards of investigative activity and conduct? How do they apply to the independent investigator? We may very broadly indicate one of the philosophical concepts of ethics by considering it as the study of human conduct in the light of morality, and in conformity with moral principles. These moral principles limit and apply equally to investigators employed by official agencies, and to all other investigators however employed. The moral principles are the same and apply equally to all. There is a significant degree of difference however in the manner in which the principles apply.
In the official agencies the principles are imposed and conformity therewith is demanded; in the non-official agencies the same conformity is self-imposed, but there is little demand for much compliance. In the official agency, the price for non-conformity may be disciplinary action against the investigator up to and including discharge with prejudice for a serious offense. In the nonofficial agency, there is no price to pay for nonconformity, generally, other than the twinges of conscience, and the knowledge that the job at hand was done unethically.
As investigators, we are more concerned with the utilitarian rather than the philosophical aspects of ethics and ethical standards, procedures, and conduct. . . . We must eventually answer the self-imposed question of whether or not we have acted in the right way in conducting our investigative activities in their individual and total aspects."
specifically relevant to the videos linked in my previous entry and to one the core tenets of journalism, i.e., the protection of sources:
"The investigator is also ethically bound to observe all of the well known aspects concerning the protection of the identity of confidential informants, and the other general investigative procedures and techniques involved in dealing with confidential informants. . . .
Any and all procedures which violate the rights of the individual will be strictly abhorred. The ethical investigator will also strictly avoid such practices as illegal entrapment; and the identification as fact of any statement or fact known to be either false or biased, or emanating from a source known to be either false or biased. Additionally, the ethical investigator will never identify as fact anything known or suspected with good reason to be based on hearsay.
4. Everyday activities. The ethical investigator will live up to the highest standards of personal conduct at all times, and not only while he is engaged in the performance of investigative duties. He will live in accordance with the requirements of society that he be at all times a decent, honest, reliable, and completely trustworthy individual; and that each and every one of his actions reflect nothing but the very highest credit upon his own actions in particular, and
the profession he represents in general.
The ethical investigator will maintain at all times a completely objective attitude and impersonal approach towards his investigative duties and responsibilities; he will concentrate all of his skills and energies towards securing the truth of the matter under investigation;"
Journal of Criminal Law and Criminology
Volume 53
Issue 2 June
Article 16
Summer 1962
Ethics for Investigators
Arthur S. Jr. Aubry
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=5097&context=jclc
i recommend the entire article.
a much more recent article on the subject reveals that there is still no universal code of ethics all private investigators are bound to abide by, but one is best advised to know and follow local laws (as well as guidelines imposed on lawyers by local bar associations, since most private investigators are employed by lawyers). you can look up both online.
& for those who've actually been following the idaho (or idaho4) case, there's also a mention of the use cell phone pings.
ETHICS AND THE LAW FOR PRIVATE INVESTIGATORS: AN OVERVIEW
PHILIP SEGAL·FEBRUARY 20, 2020
https://pursuitmag.com/ethics-and-the-law-for-private-investigators-an-overview/
for more context, see this earlier post.
i wanted to share this info, in hopes it might be helpful, about private investigator ethics.
"Just as here is a code of ethics imposed on investigators who are members of official agencies, there should be a code of ethics or ethical standards of conduct imposed on all other investigators who function outside the investigative framework of the official agencies. . . .
What exactly does ethics mean? What are ethical standards of investigative activity and conduct? How do they apply to the independent investigator? We may very broadly indicate one of the philosophical concepts of ethics by considering it as the study of human conduct in the light of morality, and in conformity with moral principles. These moral principles limit and apply equally to investigators employed by official agencies, and to all other investigators however employed. The moral principles are the same and apply equally to all. There is a significant degree of difference however in the manner in which the principles apply.
In the official agencies the principles are imposed and conformity therewith is demanded; in the non-official agencies the same conformity is self-imposed, but there is little demand for much compliance. In the official agency, the price for non-conformity may be disciplinary action against the investigator up to and including discharge with prejudice for a serious offense. In the nonofficial agency, there is no price to pay for nonconformity, generally, other than the twinges of conscience, and the knowledge that the job at hand was done unethically.
As investigators, we are more concerned with the utilitarian rather than the philosophical aspects of ethics and ethical standards, procedures, and conduct. . . . We must eventually answer the self-imposed question of whether or not we have acted in the right way in conducting our investigative activities in their individual and total aspects."
specifically relevant to the videos linked in my previous entry and to one the core tenets of journalism, i.e., the protection of sources:
"The investigator is also ethically bound to observe all of the well known aspects concerning the protection of the identity of confidential informants, and the other general investigative procedures and techniques involved in dealing with confidential informants. . . .
Any and all procedures which violate the rights of the individual will be strictly abhorred. The ethical investigator will also strictly avoid such practices as illegal entrapment; and the identification as fact of any statement or fact known to be either false or biased, or emanating from a source known to be either false or biased. Additionally, the ethical investigator will never identify as fact anything known or suspected with good reason to be based on hearsay.
4. Everyday activities. The ethical investigator will live up to the highest standards of personal conduct at all times, and not only while he is engaged in the performance of investigative duties. He will live in accordance with the requirements of society that he be at all times a decent, honest, reliable, and completely trustworthy individual; and that each and every one of his actions reflect nothing but the very highest credit upon his own actions in particular, and
the profession he represents in general.
The ethical investigator will maintain at all times a completely objective attitude and impersonal approach towards his investigative duties and responsibilities; he will concentrate all of his skills and energies towards securing the truth of the matter under investigation;"
Journal of Criminal Law and Criminology
Volume 53
Issue 2 June
Article 16
Summer 1962
Ethics for Investigators
Arthur S. Jr. Aubry
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=5097&context=jclc
i recommend the entire article.
a much more recent article on the subject reveals that there is still no universal code of ethics all private investigators are bound to abide by, but one is best advised to know and follow local laws (as well as guidelines imposed on lawyers by local bar associations, since most private investigators are employed by lawyers). you can look up both online.
& for those who've actually been following the idaho (or idaho4) case, there's also a mention of the use cell phone pings.
ETHICS AND THE LAW FOR PRIVATE INVESTIGATORS: AN OVERVIEW
PHILIP SEGAL·FEBRUARY 20, 2020
https://pursuitmag.com/ethics-and-the-law-for-private-investigators-an-overview/
