Criminal Investigation-Basic Perspectives

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Mathieu Orfila

-father of forensic toxicology (study of the effects of poisons)

Hans Gross

-earliest advocate of criminal investigation as a science
-credit for developing a system of investigation
-greatest contribution, advocacy of a parallel system of inquiry based on the crime scene

Alphonse Betrillon

-developed the first means of human identification, known as anthropometry
-system of taking eleven measurements of various parts of the body

Francis Galton

-first definitive study of fingerprints

Albert Osborn

-questioned documents

Edmond Locard

-founder and director of the Institute of Criminalistics at the University of Lyons
-best known for his exchange principle

Leone Lattes

-discovery that blood can be grouped into four categories (A, B, AB, and O)

Calvin Goddard

-determing whether a bullet was fired from a suspect's weapon, through the use of a comparison microscope

Alec Jeffreys

-discovered DNA, giving the scientific community a means to link biological evidence (blood, semen, hair, and tissue) to a single individual

12,600 Police 3,000 Sheriff

How many police departments and sheriff departments are in the US?

73%

What is the percentage of all sworn officers in the US, that are employed by police departments?

Patrol, Traffic, and Detective

What three broad areas of law enforcement services do city police departments typically provide?

Posse Comitatus

-the power or force of the community to enforce the law
-The Statute of Winchester of 1285 required all available citizens to respond to protect the community under what principle

200 Years

-policing as we know it has only been in existence for less than....

Statute of Winchester

-1285
-required all towns to have men on the streets after dark to provide for safety of travelers and the town's inhabitants
-required citizens to come to the aid of night watchmen whenever they gave the "hue and cry" for assistance
-required all males between the ages of 15 and 60 to keep arms for the purpose of rendering aid and subduing offenders

Constable

-a private citizen, who served a voluntary one year term in this position as part of his civic duty

Night Watchmen

-able-bodied men were required to serve on a rotational basis and without pay
-manned the village gates and patrolled the streets while on the lookout for disturbances of the peace, crimes in progress, and other threats such as fires

Thief Takers

-often criminals themselves, suspected of encouraging crimes for the purpose of solving them, in order to obtain the reward money

Marshal's Service

-created in 1789 (claims to be the oldest)
-provide federal court security, and serve as their bailiffs
-enforce federal court orders (guarded the first African American students to be enrolled at Ole Miss in 1962)
-assumed responsibility of the Witness Protection Program in 1971

Postal Inspection Service

-started in 1830 with the creation of the Office of Instructions and Mail Depredations
-investigates mail theft, fraud, and the shipment of obscene materials in the mail
-in 1880 the title of Special Agent was changed to Post Office Inspector by Congress, and changed again in 1954 to Postal Inspector
-have jurisdiction of crimes that occur on postal property, including burglary, robbery, and homicide
-in 1984 the service was given the responsibility of investigating the use of mail to distribute child porn
-key component in the multi-agency task force that investigated the Unabomber case

Secret Service

-created in 1856 to supress the counterfeiting of US currency
-expanded to include investigation of frauds against the government (investigated the KKK, nonconforming distillers, smugglers, mail robbers, land frauds, and a number of others)
-1902, Congress assigned responsibility of Presidential protection after the assassination of President McKinley
-protection for major presidential candidates, president-elect, president's immediate family, vice president, and former presidents
-in 1984, Congress made the use of fraudulent credit and debit cards a federal crime and assigned it to Secret Service along with federal-interest computer fraud, and fraudulent identification

Federal Bureau of Investigation

-created in 1908 with just 34 agents investigating crimes involving national banking, bankruptcy, naturalization, anti-trust, and land fraud
-1910, major expansion became responsible for enforcement of the Mann Act
-investigation and enforcement of the Espionage Act, Selective Service Act, and the Sabotage Act
-J. Edgar Hoover was director from 1924 to his death in 1972
-1932, established it's crime lab
-1935, agency changed it's name from Bureau of Investigation to FBI
-resposibilities include national security priorities such as counterterrorism, counterintelligence, and cyber crime, and criminal priorities such as public corruption, civil rights, organized crime, white collar crime, and major thefts

Bureau of Alcohol, Tobacco, Firearms, and Exposives

-tax collecting, enforcement, and regulatory arm of the US Department of Treasury
-separated from the IRS in 1972
-responsible for commercial arson nationanwide
-they have their own crime lab, and run IBIS (Integrated Ballistic Identification System)

Drug Enforcement Administration

-created by President Nixon through an Executive Order that merged several agencied into a unified command to combat the global war on drugs
-sole responsibility for coordinating these investigations abroad
-87 foreign offices in 63 countries

Relevant, Material, and Obtained Lawfully

-for evidence to be admissible in court, it must be..

Fourth Amendment

-intended to provide a means of balancing society's need to deal with criminals and criminal activity with the need to protect individual rights
-right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures

Probable Cause

-exists when enough facts lead a reasonable and prudent person to believe that criminal activity is fairly probable

Search Warrant by phone

-in emergency situations
-made available in the magistrate's court the following business day

Exceptions to the warrant requirement

-consent searches
-stop and frisks
-plain view exceptions
-searches incident to a lawful arrest
-motor vehicle stops
-open fields
-emergency circumstances

Stop and Frisk

-an officer may temporarily detain a person for questioning if the officer has reasonable suspicion that criminal activity may be involved. The person may als be patted down for weapons if the officer has additional reasonable suspicion that the pat down was necessary for officer safety. Such a detention is not considered an arrest.

Motor Vehicle Exception

-requiring the existence of probable cause, vehicle may be searched without a warrant, due to their mobility, use as transportation from one crime scene to another, and use in transporting, weapons, stolen goods, and contraband. Locked containers may be searched without a warrant, as long as it is within the scope of the search, and probable cause still exists.

Curtilage

-the are immediately surrounding a dwelling, and not included in the open field exception to the warrant requirement.

Extigent Circumstances

-reasonable belief that the evidence may be immediately destroyed, hot pursuit of a suspect whom the investigators reasonably believe is in the area to be searched, immediate need to preserve or protect life, threat to the safety of officers conducting a protective sweep of the premises.

Exclusionary Rule

-applies when an officer violates a person's constitutional rights by conduction an unlawful search or seizure. (Fruit of the Poisoness Tree)

Three Typical Encounters With Police

-consensual
-investigative detention or stop
-arrest

Arrest Warrants are necessary when.....

-the person to be arrested is unavailable or his or her identity is not known at the time.

Arrest Warrants must contain...

-describe the offense charged and contain the name of the accused, or a description
-indicate the time of issuance, city or county and state where it was issued, and the duty of the arresting officer to bring the defendant before a magistrate
-it is directed to, and must be acted on, any peace officer in the jurisdiction
-valid until recalled by the court

Broadcast Alarms

-orders to pick up a suspect, which alert other police units to the recent crime, usually is done first by radio, then by fax, or computer

The objective of broadcasting facts as soon as they are available....

-provide searching police with enough identification to pick out a fleeing person or vehicle with some certainty that person or vehicle being stopped is the subject of the alarm

Wanted Notice

-should provide full information about the fugitive and about the areas in which he or she is likely to be found

Basic content of a wanted notice....

-phohtgraph or sketch of the fugitive, his or her fingerprints, and an extensive personal description

Four purposes of a wanted modern wanted notice...

-provide sufficent identifying characteristics
-alert other LEOs to the nature an character of the fugitive, criminal history, and if armed and dangerous
-deliniate the crime in sufficent detail to alert arresting officers to potential legally signifigant evidence available at the time of the arrest

Organization

Case Preparation is...

Case Preparation

-orderly array of information collected during an investigation; all the reports, documents, and exhibits in a case.

Case Synopsis

-no more than a summary of the package contents

Accusatory Pleading

-pretrial statement supprting the evidence structure, made by the accused person, and is oriented toward providing the identity of the person responsible for the crime allege in the indictment

Corpus Delecti

-affirmative evidence
-"body of crime"
-time and date of the crime and the jurisdiction where it occurred
-name of the accused
-elements of the offense
-specification of the criminal agency (method) used to commit the crime, and the name of the victim

Negative Evidence

-evidence, explanations, and reasons used as counter defenses to the crime charged

Major Areas of Case Preparation

-Defendant and Corpus Delecti
-Negative Evidence
-Lawful Procedures (securing evidence)

An investigation is succesful when...

-the crime under investigation is promptly solved and the case is closed.

Cases cleared by arrest are....

-a statistical measure of the efficiency of the criminal investigation function of any police unit.

Criminal investigation function can be terminated...

-Results have obtained in full; the case is cleared by arrest or exceptional clearance.
-Results have been obtained in part, and no further results can be obtained.
-No results can be obtained.

Pursuing Truth

-main objective in an investigation

Sir John Fielding

-father of the modern police detective

Sir Robert Peel

-father of modern policing

August Vollmer

-father of modern policing in America

Patronage

-system of hiring police based on their political connections rather than their ability to be a good police officer

Toxicology

-the study of the effects of poisons on the human body

Criminology

-the use of science to answer legal questions

Consent Search

-a serach where a person voluntarily waives their constitutional protection from unreasonable searches and seizures, and allow an investigator to search their home, person, and property.

Plain View Search

-permits investigators to observe and seize evidence without a warrant if the officer is lawfully in a position from which an object and the incriminating character of the object are immediately apparent

Extraditions

-when a fugitive is apprehended in another state, the fugitive has a right to a legal hearing in which the prosecution must demonstrate the probable cause for the return of the fugitive to the state where the crime occurred.

Prosecutor

-The decision to charge a suspect with a crime is the duty of which person in the criminal justice system?

Criminal Investigation

-a lawful search for people and things useful in reconstructing an illegal act or omission and analysis of the mental state accompanying it.

Scene of the Crime

For many crimes, the investigation process begins at the...

-Responding officers rendering the scene safe and secure
-Crime scene investigators conducting a search for evidence and prepare documentation of the scene
-Search for witnesses

The successful management of a crime scene involves what three major functions?

Alert to any suspects or witnesses leaving the scene

When notified that a crime has occurred, the responding officers should be....

Neutralize

It is the first responder's responsibility to _________ the crime scene, making it safe for personnel to enter the area.

Arrest of any suspects and the elimination of any hazards that might present a threat

Neutralization of the scene includes...

Preliminary investigation

The crime scene is the focus of the...

-Alert in their approach
-Safety of the scene
-Medical attention for the injured parties
-Search for witnesses

What responsibilities do the police have when responding to a crime that has just occurred?

Destruction of evidence

The possibility of saving a life takes precedence over the possible...

Identify possible potential witnesses and separate them as soon as possible.

The first officer at the scene should do what in regards to witnesses?

Retroactive Inference

-When witnesses discuss the crime or overhear others talking about the crime, they tend to adopt some of this information as their own or alter their recollections to fit with those of other witnesses. This process is normal and is known as...

"A long, hard look."

The first step in processing a crime scene for clues and evidence is to make an accurate survey of the surroundings and carefully evaluate the situation, or....

Effective protection of the crime scene

A search for evidence starts with...

Chronological log

Officers guarding the perimeter of the crime scene are responsible for preparing a _____________ of events as they occur at the scene.

1/3

Recent studies have shown that crime reporting make up ___ of all coverage in local television newscasts.

-Type of crime committed, including a brief description of what happened, where, and when
-Identity of the victim (usually not released if the victim is deceased or a victim of sexual assault)
-Facts concerning the arrest of the suspect (name, age, time, place, resistance, and waepons involved)

Usually the following information can be released to the media...

-Prior criminal charges or convictions or comments regarding the reputation, character, guilt or innocence of the suspects
-Identification of juvenile suspects
-Comment on any admission or confession
-Identity of any possible witnesses
-Precise description of the amount of money or other items taken

Information that should not be released to the media...

Systematic

Typically the tasks to be performed by the crime scene investigation team start with the ____ search for evidence.

Evidence; Selective

The main purpose of a search is to look for ___ of what happened during the crime. It is not a random grouping but rather a ____ looking for objects and materials.

Single-officer search

Staffing problems in police units, as well as problems associated with the proffering of evidence in court, have brought about the development of the _______. The goal is to limit the number of officers in possession of crime scene evidence to the officer searching the scene.

Crime Scene

A _______ is the place of the crime, including any adjoining entry or exit area.

-point-to-point movement
-ever-widening circle
-ever narrowing circle
-zone or sector search
-strip or grid search

Traditionally, systematic searching has utilized the following methods...

grid search

The _____ begins after the strip search is completed.

Locard's exchange principle

-states suspects will bring items of evidence into the crime scene and will take items with them when they leave.

Chain of Custody

Continuity of possession, ________, must be established when evidence is offered in court as an exhibit.

Packaged

Evidence must be ________ to avoid breakage, loss, or contamination in transit.

Criminalistics

________________ includes the identification of physical evidence and the finding of its origin.

known standard of evidence

Individualization of evidence often requires that physical evidence collected at the crime scene be matched with a _____ _____ of _____ or a control.

Schmerber

Since the ______ case, it is lawful to take a sample from an arrested person charged with a crime in which blood collected as evidence requires a known sample for comparative analysis.

The Fifth Amendment

The recovery of blood, clothing, and hair without consent is not prohibited by ____ ___ because these are all considered "real or physical evidence" and thus are subject to the controls of the right privacy and search and seizure clauses of the fourth amendment, rather than to self-incrimination.

Mispelled

______ words can contribute to the physical match between sample and questioned writing.

Fifth Amendment

Requiring a suspect to give handwritten exemplars is not considered to be a request for communications that fall within the protection of the ____ ____.

Investigator

It is the responsibility of the _______ to seek known standards until such time as he or she is informed that they are not required.

Investigator

Transporting physical evidence to laboratory, to a place of storage, or to the prosecutor's office or to the courtroom is the responsibility of the ________ who found the evidence.

Prosecutor

At no time should an investigator return any part of evidence to its rightful claimant without the authority of the ______.

Case

When the ____ is completed, the prosecutor has the authority to release the evidence.

Disposable gloves

The first line of defense against infectious disease is to wear ____ ____.

Final survey

The ___ ___ ensures that all the evidence has been identified and collected and that the scene has been properly processed prior to release.

Field notes

_____ _____ made during the search of a crime scene are the basic record of the search and the evidence discovered.

Crime scene sketches and photographs

________ usually are offered in evidence as exhibits that are more realistic than words or that can assist jurors in understanding the case, or both.

Memoranda

Field notes are ________ made by the investigator during an investigation.

Preliminary investigation report

The place and time to obtain data for a ___________ are at the crime scene during the initial investigation.

Record, transmit

The offense report originates at the operational level, and it's basic purpose is to _____ and ______ information.

Corpus Delecti

Essential elements of the offense.

Size

The use of a measurement marker is neccessary to put the ____ of the item in the photograph in perspective.

Accurate measurments

When a graphic illustration is meant to clarify a written report, _____ ______ are needed.

Discovery

Request by the defense counsel to the prosecutor before trial for disclosure of the police case against his or her client.

First officer

It is the duty of the ___ ____ at the scene of a suspected crime to "contain" it.

Revenge

When looking for a suspect, one of the most powerful motivations for people to talk, is ____.

Elimination of unnecessary detail

The advantage of a sketch over a photograph is the ________.

Strip

The crime scene search pattern that starts at one end of the scene and in which searchers work back and forth until the entire area is searched is known as what type of search?

Broadcast alarm

The brief contact with the victim and witnesses for the purpose of gathering suspect information is done for what purpose?

Direct evidence and Circumstantial evidence

What two kinds of proof are used during a criminal trial to answer the question of guilt or innocence?

Direct evidence

-Involves eyewitnesses who have, through one or more of their five senses, experienced something relative to the crime in question or it's circumstances.

Circumstantial evidence

-inference from which an inference can be drawn and which includes items such as physical evidence.

Major of types of circumstantial evidence

Weapons, blood, imprints or impressions, tool marks, hair, fibers, glass, paint, and questioned documents

Class evidence and individual evidence

Physical evidence can be divided into what two broad categories?

Class evidence

What type of evidence cannot be linked to a particular person or an object, but onlt to a class of objects?

Types of class evidence

What type of evidence includes glass, paint, shoe prints, ballistics, fibers, and tool marks?

Individual evidence

What type of evidence can be linked to a specific person?(Example: fingerprints)

Individual evidence

What type of evidence includes palm prints, sole prints, voice prints, bite marks, and even ear and lip prints?

Ballistics

What is the identification of firearms, bullets, cartridges, and shotgun shells?

Interior ballistics

What refers to the functioning of firearsm through the firing cycle?

Exterior ballistics

What is the study of projectiles in flight?

Proof marks

What are emblems and symbols that indicate tests performed to prove the strength of the chamber of a firearm by actual firing with maximum loads.

Caliber and gauge

What are identifying characteristics of firearms and shotguns?

Postmortem forensic science

When the victim is dead and an autopsy is performed, what is one type of procedure that is the removal of spent bullets without damage to their original condition?

GSR Gunshot Residue Examination

What is the examination used to search the presence of the major components in a center cartridge?

Exothermic Reaction

What process occurs when compounds and elements of a fired cartridge undergo a rapid increase in temperature, followed by a sharp decrease?

Blood

What trace can divulge a great deal of information about the criminal, the victim, and what happened during a crime?

Kastle-Meyer color test

What is the test based on the reaction with the enzymes in the blood which causes the test strip to turm a deep pink color?

Hemastix

What is the trade name for the Kastle-Meyer color test?

Luminol

What presumptive test produces light rather than color as it reacts with blood?

Bluestar

What is the trademark name of the relatively new product that produces a faint blue glow when it reacts with blood?

Precipitin Test

What test determines whether blood is human or animal, usually by injecting rabbits with blood, to see if antibodies form to neutralize human blood?

Gel Diffusion

What test takes advantage of the fact that antibodies and antigens diffuse or moved to one another on a plate coated with a gel medium made from a polymer called agar?

Bloodstains

_________ which have been dried for ten to fifteen years and longer may still give a positive precipitin reaction.

Imprints

What are markings left on a surface by protruding parts of a person or vehicle, such as bloody handprints, bloody footprints, or tire tread marks?

Impressions

What are made by a person or an object in a material softer than the item of evidence making the impression, such as footprints or tire tracks left in the snow?

Photographing

Impressions are collected as evidence by first ___________ and then casting the impression.

Fingerprints

What can be found at a crime scene as either imprints or impressions?

Contaminated Prints

Bloody fingerprints left on weapons or at the scene of a crime are called what?

Plastic Prints

What are fingerprint impressions that are left when a person comes into contact with soft glazier's putty around the edges of a window?

Latent Prints

What usually cannot be seen with the naked eye, and need to be developed to be seen?

Iodine Fuming or Ninhydrin Process

Latent fingerprints on porous surfaces such as paper are developed in the laboratory through what process or processes?

Cyanoacrylate Fuming Process

Fingerprints on slippery surfaces such as plastic bags, which are resistant to the dusting process, can be developed using a common glue product that is heated in a covered tank, and the resulting fumes settle on the print. What is this process known as?

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