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Criminal Investigation Mid-term
Criminal Investigation Tenth Edition Christine Hess Orthmann Karen Matison Hess
Terms in this set (55)
How important is response time to the investigation of a crime? How is the importance affected by the type of crime?
The initial response time is crucial to the success of an investigation because the suspect may still be at or near the scene, injured persons may need emergency care, witnesses may still be at the scene, a dying person may have a confession or other pertinent information to give, weather conditions may change or destroy evidence and the integrity of the crime scene and evidence must be preserved. One minute or less increases the probability of arrest at the scene.
Res Gestae Statments
are spontaneous statements made at the time of a crime concerning and closely related to actions involved in thecrime. They are often considered more truthful than later, planned repsonses.
What the advantages and disadvantages for using photography and videography are?
Advantages: Photography can be taken immediately, an important factor in bad weather or when many people are present, they also accurately show the crime scene in court and corroborate the facts presented. Videos more accurately represent the crime scene and evidence. They are able to show distance more clearly than photos and have sound capability to more fully document what is being seen.
Disadvantages: Photography shows all the details at the crime scene both relevant and irrelevant so it may distract the viewer. Photographs also do not show actual distances and may be distorted and damaged b mechanical errors in shooting or processing. Videos may have poor quality and diminished value in the documentation of a crime scene because people believe that no training in videotaping is necessary.
What is cross projection?
A corss-porjections sketch presents the floor and walls as though they were one surface. Objects of evidence on both the floor and the walls can be measured to show their relationshipon a single plane.
What is backing?
Backing is the writing on the back of photographs your initials, the date the photo was taken, what the photo depicts and the direction of north to be logged in evidence.
Microphotography and macrophotography
microphotography takes pictures through a micorscope and can help identify minute particles of evidence such as hairs or fibers
macrophotography enlarges a subjects. For example, a fingerprint or a tool mark can be greatly enlarged to show the details of ridges or striations.
what is overlapping?
photographic technique whereby the enitre scene is photographed in a clockwise direction so that a specific object is on the right side fo the first photography, on the next pohto the same object is on the left side of the photo and os on until the netire scene is pohtographed.
Bertillon identification system
included a sritten descriptin, the complete measurements of the person and a photograph. The pictures of people in police custody were kept in deparmtnet files for identification and became known as mug shots.
nonfactual; frawing ingerences; for example "the man was nevous"; to be avoided in police reports.
evidence faborable to the avvused that would clear the accused of blame; for eample, having a blood type different from that found at a homicide.
What common problems occur in many police reports?
Common problems in police reports can be confusing or unclear sentences, conclusions, assumptions, and opinions, extreme wordiness and overuse of police jargon and abbreviations, missing or incomplete information, misspelled words and grammatical or mechanical errors, referring to "above" information.
Adjective describing words that have an emotionsal effect, with meanings that impart either positive or negative overtones.
Adjective describing words that have little emotional effect and are objective in their meaning.
Mapp V Ohio
Made the exclusionary rule applicable to ALL courts.
establisehd that courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevant to a case.
established that a patdown or frisk is a "protective search for weapons" and as such must be "confined to a scope reasonably designed to discover guns, knives, clubs and other hidden instruments for the assault of a police officer or others."
A search is legal if...
1. A search warrant has been issued.
2. Consent is given
3. an officer stops a suspicious person and believes the person may be armed.
4. the search is incidental to a lawful arrest
5. an emergency exists.
Exceptions to exclusionary rule
inevitable discovery exception and the good faith exception
when referring to evidence collection what should you include in your notes?
Record in your notes the date and time of collection, where the evidence was found and by whom, the case number, a description of the item and who took custody of it.
What is DNA profiling?
DNA profiling uses material from which chromosomes are made to identify individuals positively.
What can fingerprints indicate?
Fingerprints are positive evidence of a person's identity. They cannot, however, indicate a person's age, sex or race.
has been properly collected, identified, filed and continuously secured.
Best place for interrogations
Conduct interrogations in a place that is private and free from interruptions. If possible, suspects should be interrogated in an unfamiliar place, away from their friends and family.
how to imporve communication in an interrogation?
To improve communications: prepare in advance; obtain the information as soon after the incident as possible, but try to build some rapport before diving right into what you are looking for; be considerate and friendly; use a private setting; eliminate physical barriers; sit rather than stand; encourage conversation; ask simple questions one at a time; listen and observe.
For a confession to be avild in court it must be what?
A confession, oral or handwritten, must be given of the suspect's free will and not in response to fear, threats, promises or rewards.
How to differentiate information from intelligence?
Information or data is not intelligence. Information plus analysis is intelligence.
What field identification or show- identification is and when it is used?
Field identification or show-up identification is on-the-scene identification of a suspect by a victim of or witness to a crime. Field identification must be made within a short time after the crime was committed.
when a person suddenly dies in police custody
attempts to identify an individual's mental, emotional, ans psychological characteristics to provide investigators with corroborative information about a known suspct or possible leads to an unknown suspect
Dialed Number Recorder
can simultaneously monitor call activity on several lines and some have wiretapping apabilities. or each intercepted call, the DNR displays and prints a detailed call record.
United states v. weaver
The courts ruled that race race can be one one factor among others to use in developing suspects.
Wade Gilbert Rule
The requirement of providing counsel to a suspect in a lineup that occurs after indictment or arragnment.
United States V. Knotts
The court ruled that installing and monitoring a bird dog tracking device in a public location did not violate a suspect's rights.
What factors help in estimating the time of death?
• Factors that help in estimating the time of death are body temperature, rigor mortis, postmortem lividity (livor), eye appearance, stomach contents, stage of decomposition and evidence suggesting a change in the victim's normal routine.
• Body temperature drops 2 to 3 degrees in the first hour after death and 1 to 1.5 degrees for each subsequent hour until 18 hours.
• Rigor mortis appears as a stiffening of muscles several hours after death, with maximum stiffness occurring 12 to 24 hours after death. Rigor then begins to disappear and is generally gone three days postmortem.
• Postmortem lividity starts one-half to three hours after death and is congealed in the capillaries in four to five hours. Maximum lividity occurs within 10-12 hours. The location of lividity can indicate whether a body has moved after death.
• A partial restriction of the pupil occurs in about 7 hours. In 12 hours, the cornea appears cloudy.
• Determine when and what the victim last ate. If any vomit is present, preserve it as evidence and submit it for examination. Based on digestion the medical examiner can often determine how long the victim lived after eating.
Justifiable homicide is killing another person under authorization of the law.
Manslaughter, the unlawful killing of another human with no prior malice (voluntary or involuntary):
Voluntary manslaughter is the intentional causing of the death of another person in the heat of passion, that is, because of words or acts that provide adequate provocations.
Involuntary manslaughter is accidental homicide that results from extreme (culpable) negligence.
Stiffening of the joints of the body after death becuase of partial skeletal muscle contraction.
Postmortem lividity; dark blue or purple discoloration of the body where blood has drained to the lowest level after death.
Study of poisons; toxicologists are consulted if food or drink poisoning is suspected.
What is simple assault?
The elements of the crime of simple assault are
• Intent to do bodily harm to another.
• Present ability to commit the act.
• Commission of an overt act toward carrying out the intention.
What is aggravted assault?
Aggravated assault is simple assaullt with An additional element of aggravated assault is that the intentionally inflicted bodily injury must have resulted in one of the following:
• A high probability of death.
• Serious, permanent disfigurement.
• Permanent or protracted loss of impairment of the function of any body member or organ or other severe bodily harm.
Different types of stalking
Intimate or former intamate stalking- the stalker and victim may be married or divorced, current or former, cohabitatns, serious or casual sexual partners or former sexual partners.
acquaintance stalking- the stalker and victim know each other casually.
Stranger stalking- the stalker and victim do not know each other at all.
simple obsessional stalkers- are the basic equivalent of the aforementioned intimate stalkers but also include acquaintance stalkers.
Love obsessional stalkers have no prior relationship with their civtim but become fixated on that person, often a celebrity, believing they belong together.
Erotomanic stalkers, the rares of the three types believe that theri civtim is in love with them.
What the key distinction between human trafficking and human smuggling is?
The key distinction between human trafficking and smuggling lies in the individual's freedom of chioce.
How sex offenses are classified?
Sex offenses incldue bigamy, child molestation, incest, indecent exposure, prostitution, sodomy and rape.
How rape is defined and classified?
Forcible rape is a secual intercourse against a person' will by use of threat of force.
Statutory rape is sexual intercourse with a minor, with or without consent.
What the elements of sexual assault are?
The elements of the crime of rape or secual assault commonly include
an act of secual intercourse
with a person other than a souse
commited without the civtim's consent
againt thevictim's will and by force
What special challenges exist in investigating sex offenses?
Special challenges to investigating rape include the sensititve nature of the offencse, social attitudes and the victim's horror or embarrassment. A rape investigation requires great sensitivity.
What modus operandi factors are important in investigating a sexual assault?
MO factors imporatnt in investgiating sex offenses include type of offencse, words speken, use of a weapon, actual method of attack, time of day, type of location and victim's age.
What evidence is often obtained in sec offense investigations?
Evidence in a rape case consists of stained or torn clothing' scratches, bruises or cuts' evidence of a struggle, and semen and bloodstains, such evidence shows the amount of force that occurred estabilishes that a sex act was performed and links the act with teh suspect.
What evidence to seek in date rape cases?
Additiona levidence in date rape cases may include the presence of alcohol, drugs or both in the vcimt's system.
What blind reporting is and what its advantages are?
Blind reporting allows sexual assault vcitims to retain their anonymity and confidentiality while sharing critical infomation with law enforcment. It also permits victims to gather legal information frtom law enforement without having to commit immediately to an investigation.
What agencies can assist in a sexual assault investigation?
A rape case often involves cooperation with medical personnel, social workers, rape criss center personell, and the news media.
What is generally required to obtain a conviction in sexual assault cases?.
Conviction in sexual assault cases requires medical evidence, physcial evidence such as torn clothing, evidence of injuries and a complaint reported reasonably close to the ctime of the assault.
Whether recent laws have reduced or increased the penalties for sexual assault and why?
Many recent laws have reducd the pemalites for sexual assault, which should lead to more convictions.
Which three federal statues from the basis for sex offender registries?
The evolution of sex offender registries can be traced t oa trilogy of federal statues: the Jacob Wttering Act, Megan's Law, and the Pam Lychner Act.
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