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ACC LEA Class 109 - Criminal Investigation
Terms in this set (99)
not based on actual personal knowledge or observation of the facts in controversy, but on other facts from which deductions are drawn, showing indirectly the facts sought to be proved.
literally means the body or substance of the crime. in law the term refers to proof establishing that a crime has occurred: the necessary elements that constitute a crime
Elements of a crime?
conditions that must occur for an act to be called a specific kind of crime
one who receives and disposes of stolen property on a regular basis
Modus Operandi (MO)?
a criminal's characteristic method of operation
Proof beyond a reasonable doubt?
Level of proof required to obtain a conviction in a criminal trial
evidence that warrants a person of reasonable caution in the belief that a crime has been committed or is being committed
a person considered to be directly or indirectly connected with a crime, either b overt act or by planning and/or directing it
Criminal investigation tools?
- instrumentation or forensic science
- laws of arrest, search, & seizure
Information as a criminal investigation tool?
29.1.2 the knowledge a criminal investigator gathers from other persons (victims,witnesses, suspects) and other legitimate sources (records, reports)
Instrumentation or forensic science as a criminal investigation tool?
29.1.2 the techniques that help in the solution of the crime (fingerprints, serology, ballistics, and DNA)
Interviewing as a criminal investigation tool?
29.1.2 the questioning of victims, witnesses, or suspects in a criminal investigation
Laws of arrest, search & seizure as a criminal investigation tool? VIQ!
29.1.2 provides guidance on what investigative techniques are acceptable. Mastery and knowledge of criminal procedures and the rules of evidence enable the investigator to gather evidence against a suspect that can withstand court challenges
The ultimate goal of any criminal investigation is to determine, to the extent possible "what"
the truth about how a crime occurred
The goals of a criminal investigator are?
- to determine if a crime has been committed
- legally obtain information and evidence to identify those responsible
- legally arrest
- recover stolen property
- present the best case possible to the prosecutor
Corpus Delicti and its significance in the criminal investigative process?
- means the body or substance of the crime
- law term refers to proof establishing that a crime has occurred and the necessary elements that constitute a crime
- essential to prove the corpus delicti as well as the elements of the offense in order to bring the mater before a court to prove the guilt or innocence of the accused.
To prove a case beyond reasonable doubt rests with who?
with respect to the significance of proof beyond a reasonable doubt: it is the state of the case, which, after the entire comparison and consideration of all the evidence, leaves "what"?
The minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge
Criminal investigators must strive for "what" when conducting any investigation?
The investigator shall collect corroborating evidence of an accused person's guilt in order to negate "what"?
Characteristics of a criminal investigator?
- unbiased and unprejudiced
Elements of a burglary?
- has ability to gain entry to premises by stealth, defeating locks, alarms
- ability to plan, directs and execute an op
- has business sense of what is valuable
- connections to dispose of loot
Robbery indicates a tendency to use "what"?
Violence on a stranger
Professional thieves have a "what"?
Semi-professional or street (unskilled) thieves are more interested in getting "what"
money for drugs
Profession thieves will try to "OUTWIT" who?
As an officer you pull over a carload of Charles Manson's followers in a California rental car that is two months overdue, is this a civil or criminal issue?
It is a civil issue as the contract is between a rental company and its customer
Street thieves often carry "what" and take "what" kind of chances?
street thieves often carry weapons and take reckless chances to avoid apprehension
Criminal homicides generally fall into 9 catagories?
- revenge or jealousy
- triangle killing
- for profit
- random killing
- drive by shootings
- murder suicide
- sex and sadism
- felony murder
According to CCP 62.02 sex offenders shall register in a municipality or county no later than how many days?
Anger killing is an extension of the crime of "what"
An officer's "what" has a significant bearing on the victim's ability to deal with a sexual crime victim's ability to deal with crime and assist law enforcement
Four methods of gaining sexual access to a person?
- drug-facilitated sexual assault
- takes advantage of the situation during commission
- typically has been drinking or doing drugs
- uses minimal force or threat
- typically not a repeat offender
- wants to assert masculinity, or punish & degrade
- uses blitz approach
- offender's mood is angry or depressed
- language is abusive and obscene
- assault is of relatively short duration
- victim is selected for availability, usually strangers
- offender is freq impotent and may use devices
- assaults ore spontaneous and sporadic
- wants to prove masculinity
- assault Is attempt to control and sexually possess the victim to feel adequate
- uses con or suspense approach
- uses force or threat to overcome resistance
- offenders mood is anxious
- language is inquisitive and instructional
- may ask victim for praise or reassurance
- assault may be of extended duration
- victim is selected for spec characteristics and availability
- assault is premeditated
- offenses are obsessive and repetitive
- freq commits date and acquaintance rapes
- often apologizes after assault
is defined as an individual who has fantasies, urges or behaviors that involve illegal sexual activity with a prepubescent child or children (generally 13 yrs or younger)
What are the two categories of pedophiles?
those who are exclusively attracted to children (EXCLUSIVE)and those attracted to adults as well as children (NONEXCLUSIVE pedophile)
What are the two main types of pedophiles?
Situational and preferential child molesters, or fixated and regressed
Three important factors to look at when profiling molesters?
- victimization ritual
- method of selection
- abducting process
Common psychological defense patterns in pedophiles?
- denial (is it wrong)
- minimization (it only happened once)
- justification (I am not a child molester)
- fabrication (activities are research projects)
- attack (character attacks on children, prosecutors, police)
In many cases the victim knows "who"?
The officer's approach to investigation for abused and sexually exploited children is the similar to "what"
sexual assault cases
a person 65 years age or older is "what"
PC 22.04 defined as an elderly individual
a person commits an offense if he/she abandons a child at what age?
PC 22.041 younger than 15 years or age
leaving a child in a vehicle?
PC 22.10 leaving a child in a motor vehicle that is less than 7 years old, not attended by a individual 14 years or older for longer than 5 minutes.
Prohibited sexual contact?
PC 25.02 A person commits an offense if he person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to b without regard to legitimacy:
-the actor's current or former stepchild or stepparent
Enticing a child?
PC 25.04 a person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years of age.
Harboring runway child?
PC 25.06 a person commits an offense if he knowingly harbors a child and he is criminaly negligent about whether the child:
- is younger than 18 years
- has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council, or a detention facility for children
22,011 a person commits an offense if the person - causes the penetration of the anus or sexual organ of another persons by any means without the persons consent
- causes the penetration of the mouth of another person by the sexual organ of the actor with that persons consent.
- causes the sexual oral of another person without that person consent to contact or penetrate the mouth anus or sexual organ of another person including the actor
- causes the sexual organ of a child to contact or penetrate the mouth anus or sexual organ or another person including the actor
- causes the anus of a child to contact the mouth anus or sexual organ or another person including the actor
-causes the mouth of a child to contact the anus or sexual organ of another person including the actor
Aggravated Sexual Assault?
22.021 sexual assault and by words or actions causes serious bodily injury or attempts to cause the death of the victim of another person in the course of the same criminal episode
Indecency with a child?
21.11 a person commits an offense if with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person:
engages in sexual contact with the child or causes the child to engage in sexual contact
Hearsay statement of child abuse victim?
The first statement of a child (12 and under who is the victim of a sexual or assaultive offense) made to a person 18 years of age or older is an exception to the hearsay rule and that person can testify directly in court as to what the child revealed to them.
What are the three major types of elderly abuse?
In elder abuse, self neglect accounts for what percentage of elder abuse cases reported?
a criminal offense against a person or property which is motivated, in whole or in part, by the offender's bias against race, religion, ethnic/national origin group, or sexual orientation group.
what is the penalty of offense committed because of bias or prejudice?
punishment is increased to the punishment prescribed for the next highest category of offense
When multiple witnesses are involved during field identifications what are the procedures?
--separate the witnesses and instruct them to avoid discussing details of the incident with the other witnesses
- if a positive ID is obtained from one witness, consider using other ID procedures for remaining witnesses.
investigatory procedures when dealing with crimes against property?
- establishing whether a crime has been committed, what type of crime, arrest the perp
- gain info from eyewitnesses
- locate and interview victim and witnesses
- protect the crime scene
- determine how crime was committed, extent of personal injuries and nature and value of property taken
- record in field notes and sketches all data about the crime
With respect to the crime scene, it is most important to do what?
Protect the crime scene
Dissection of a dead body to determine cause of death is called "what"
Post mortem lividity?
dark blue discoloration observable on the parts of the boy that are nearest the ground
because of chemical changes occurring in the body tissues, the muscles stiffen after death.
Atomic absorption test?
determines quantitative and proportional concentrations of specific elements in materials through the analysis of a vaporized sample.
Identification of evidence samples by vaporizing evidence related to minerals and inorganic compounds is called what?
(gas or vapor) separates compounds such as drugs/various complex compounds and identifies them through peaks displayed on a graph
DNA - deoxyribonucleic acid?
use in examining blood stains, hair roots, semen and vaginal fluids
analysis of ciphers and coding of messages
a chemical method of detecting latent blood
procedures to be takes upon arrival at a crime scene?
- determine if suspects are at, or near, scene by observing unusual activity, persons, vehicles
- appropriate tactical action if suspect is at scene and offense is in progress
- number of suspects
- is a backup request appropriate
Techniques used in conducting interviewing with witnesses?
separate persons so that their statements reflect their own opinions and observations and cannot be influenced by others.
Describe procedures for securing the crime scene?
Protect the crime scene from contamination and the removal of evidence. Possible methods include rope, tape, or officers, or other personnel,. & barricades.
Objectives in conducting a crime scene search
- determine if a search warrant is required or if the requirements for search without a warrant
- plan and coordinate a legal search
- determine what crime has been committed and establish elements of offense
- was a crime committed
- determine who, how, when, and why the crime was committed
Crime scene strip search of premises?
this method in both single and double patters is one of the most effective and simple searches for outside areas searches
Zone or quadrant/sector search?
effective for rugged and ill-defined terrain. can be used for indoor or outdoor scenes that have regular patterns or defined borders.
Circular, spiral or concentric searches?
this type of search is useful when an item is missing from the center of the search area. searcher (S) may begin from the inside or outside rapidly.
is effective in examining specific and small areas with defined borders, such as landscaped areas, bushes, paths, and sidewalks.
Value of crime scene sketches?
a sketch is a drawing which REPRESENTS the crime scene and serves to supplement photography by providing ACCURATE information concerning the distance between various points in the scene
Two methods of measurement for crime scene documentation?
Triangulation and Rectangulation
Employed when it is desirable to represent an orderly combination of events which have occurred. Examples would be tracing the path of a FIRED BULLET THROUGHT GLASS, FLESH, WALLS.
Perspective - 3 dimensional sketch?
objects are drawn in such a way as to show them as they appear to the eye with reference to relative distance or depth.
The most common sketch used is "what"?
The projection sketch - all places and objects are drawn in on plane as seen from above. A cross-projection drawing is one where the walls and ceiling of a room are seen as folded out in the same plane as the floor.
employed when it is desired to describe a small area which is not illustrated due to the scale chosen for the rough or finished drawing.
Chain of custody
- Process which records transactions of evidence from person to person since its acquisition by a law enforcement agency - maintains exactly what happened to evidence from the time it was found until presented in court. - Account for who found the item where it was found who took custody and market who transported it where is it being stored
General considerations in handling evidence are to preserve its "what, & preserve its value to owner and mark as evidence if possible.
The purpose of proper packaging is to prevent what?
breaking, spoiling, loss, and CONTAMINATION
Methods for preserving evidence in original condition?
packaging, safety precautions, firearms evidence, collection
Miranda warnings are not necessary until when?
the suspect is subjected to custodial interrogation
The most motive-less homicide is which kind of killing?
There is a history of involvement between perpetrator and victiim
LEO conducting a crime scene search should determine what?
determine if a search warrant is needed
LEO conducting a crime scene search should ensure that the search is "what"
Potential problems of conducting a crime scene search?
- evaluate physical characteristics of area to be searched (size, landscape, density, indoors or outdoors)
- evaluate hazards of area to be searched and what safety measures may be necessary
- evaluate potential of recovering any evidence
Finding ID in a death case?
officers should obtain permission from the medical examiner or justice of the peace to move or disturb the body prior to any attempt to locate sources of ID such as:
- military ID
- or scars
Process for legally finding evidence
is a criminal investigation
Which of the following category sketches represents a crime scene sketch
Documentation procedures for crime scene measurements require "what"?
permanent reference points
Objectives of a crime scene search?
determine if a crime has been committed and establish elements of the crime.
arrive at a scene and a person is alive and conscious, obtain ID and information from who?
next of kin
Sets with similar terms
Sexual assault investigation
TCOLE Criminal Investigations
7.1 Serious Offenses