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TCOLE Criminal Investigations
Terms in this set (170)
A _______________ is the process of legally gathering evidence of a crime that has been or is being committed.
A highly personal and unreasoned distortion of judgment
An act or omission forbidden by law and punishable by a fine, imprisonment, or even death. Crimes and their penalties are established and defined by state and federal statutes and local ordinances
Not based on actual personal knowledge or observation of the facts in controversy, but of other facts from which deductions are drawn, showing indirectly the facts sought to be proved
Person requesting an investigation or that action is taken. Is often the victim of a crime.
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
Conditions that must occur for an act to be called a specific kind of crime
Elements of a crime
Anything to be offered in court to prove the truth or falsity of a fact in issue
Something known to be true.
One who receives and disposes of stolen property on a regular basis
On-the-scene identification of a suspect by the victim of or witness to a crime, conducted within minutes of the commission of a crime
An opinion or leaning adverse to anything without just grounds or before obtaining sufficient knowledge
A criminal's characteristic method of operation.
Modus Operandi (MO):
Level of proof required to obtain a conviction in a criminal trial
Proof beyond a reasonable doubt
Evidence that warrants a person of reasonable caution in the belief that a crime has been committed or is being committed
a feeling of ease and harmony in a contact or relationship between people
The level of certainty a juror must have to find a defendant guilty of a crime
A legal narrative description of events related to a crime
A person considered to be directly or indirectly connected with a crime, either by overt act or by planning and/or directing it
A person who saw a crime or some part of it being committed or who has relevant information.
The person injured by a crime.
The knowledge a criminal investigator gathers from other persons (victims, witnesses, suspects) and other legitimate sources (records, reports, etc.)
The techniques that help in the solution of the crime. Consists of fingerprints, serology, ballistics, and DNA analysis, etc.
Instrumentation or forensic science
The questioning of victims, witnesses, or suspects in a criminal investigation
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
Laws of arrest, search and seizure:
ultimate goal of any criminal investigation is to determine
To determine if a crime has been committed.
To legally obtain information and evidence to identify the person(s) responsible for committing the crime.
To legally arrest the suspect(s).
To recover stolen property.
To present the best case possible to the prosecutor
It is essential to prove the_________ as well as the_______________ in order to bring the matter before a court to prove the guilt or innocence of the accused
elements of the offense
The legal significance of ____________ rests in its influence on the judge or juror.
The investigator shall collect____________ of an accused person's guilt in order to negate the defenses claims
Characteristics of a criminal investigator
Unbiased and Unprejudiced
Develops rapport through interpersonal communication skills
takes nothing for granted. Investigators may find that victims and witnesses, as well as suspects, may be motivated by various physiological, psychological, and sociological needs that may "color" the information they give. Gathers information, but verifies it credibility.
desires to investigate and learn the facts and truth about people, places or objects. This means being habitually curious of such things as spontaneous statements by suspects, an unusual amount of money in the possession of a person of modest means, etc
investigators should be trained ____________. They should develop the ability to take accurate notice of, keep in view and give attention to, that which is present in their five senses
an investigator must possess an _________ and _______________ mind. Allowing either attitude to be involved in a case will result in a sloppy investigation, incorrect conclusions and unfairness to victims and suspects
Unbiased and Unprejudiced
establishing_________with victims and witnesses is one of the prime facilitators of an investigation. Accomplished by being patient, courteous, and sympathetic with persons contacted during an investigation.
through interpersonal communication skills
Criminal investigators must not attempt to exhibit _________in all fields of law enforcement, nor discuss case details with anyone outside of police or other authorized circles. This practice can be prejudicial and compromising to both the prosecution and defense
Semi-professional (unskilled) thief
Con Artists and Con Games or Schemes
White Collar Criminal
Forgery and Credit Card Abuse
Operate so as to minimize chances of observation
Lack of eyewitnesses.
May be traced when stolen property is recovered.
This type requires planning, direction, and operating skills.
The type of property stolen may be an important clue.
Often work in conjunction with criminal receivers (fences).
Are examples of what?
Profit still underlying motive, but this type may be more interested in getting money for drugs
• Targets are determined more by opportunity (cruising robber)
• Less involved in planning or preparation
• More likely to resort to violence against victim
• Presents a special danger when interrupted and cornered
• More prone to violence to try to effect escape
• Less rational than "professional" counterpart
Semi-professional (unskilled) thief
Same motivation as professional thief
Has ability to gain entry to premises by stealth or defeating locks, alarms
Ability to plan, direct, and execute an operation
• has business sense - ability to distinguish between valuable and worthless items during burglary
• Connections to dispose of fruits of the crime
• Type of burglary committed may give a clue to suspect identity
• residential premises
• safe burglary
• commercial premises
Indicates a tendency to use violence on a stranger
• Bolder type personality - sacrifices secrecy through confrontation with victim
• Generally classed according to style
• ambush - least planned; based on element of surprise
• planned operation - carefully structured; robbery group examines all aspects of the situation and plans for foreseeable contingencies. May engage in "dry runs" in preparation for robbery or "casing" of the robbery scene
• May specialize in specific targets i.e., banks, jewelry stores, home invasion.
• "Signature" aspects of robbery (modus operandi) may help in typing a person or group to a series of robberies
• Use of "backup" creates a special hazard to officers responding to robbery in progress
What is the achilles heel of property crime?
Disposal of the stolen property
The assumption of another person's identity for the use in fraudulent transactions that result in a loss to the victim resulting in the acquisition of something of value by the offender(s)
• Accompanied by acquiring personal information about the victim
o Date of birth
o Credit card numbers
o Drivers license number
o Social Security number
Types of identity crimes include identity theft, credit card/access device fraud ("skimming"), check fraud, bank fraud, false identification fraud, and passport/visa fraud.
Based on promises of unusual return i.e. something for nothing, double your money, etc. Often use victims own greed, assuring them risks are minimal
• Often use props in carrying out schemes
• Frequently work with partner(s)
• Often prey on elderly
• Generally very mobile
• Tend to be non-violent
Con Artist and Con Games or Schemes
Frequently involved in consumer and business frauds.
• Consumer frauds generally classed as:
o Bait and switch
o Repair fraud
• Business frauds may take many forms:
o Ponzi scheme, or kiting
o Securities fraud
o Land fraud schemes
o Advanced fee frauds
o Home improvement frauds
o Bankruptcy fraud
o Insurance fraud
o Computer fraud
• Motivated generally by profit.
• Embezzlers often think they will be able to replace funds before being discovered.
• Monetary losses from white-collar crime are astronomical, rivaled only by drug trafficking.
• Tend to be non-violent
White Collar Criminal
Least violent of offenders
• Four steps in check fraud
• Use of false or stolen identification cards
• Use of a presentation that overcomes a merchant's reluctance to cash a check upon minimal identification
• Con artist's sense of right time, place, and victim
• Credit cards often used as alternative to check writing
• Contemporary computer software allows forger to create checks, credit cards and currency
Forgery and Credit Card Abuse
steals a car for sole purpose of using it in the commission of another crime.
Joy- riding juvenile; usually host to several other juveniles. Abandons vehicle when it runs out of gas or they tire of it. Transportation thief - "borrows" car for transportation. Abandons vehicle when it has served its purpose
Unauthorized Use of a Motor Vehicle offender
owner abandons vehicle in area where he knows vehicle will be stripped. May burn vehicle or have it dismantled in junkyard
Insurance fraud swindlers
_____________attack parked vehicle and remove parts that can be readily disposed of. __________ steal vehicle and tow or drive it to a "chop shop"
The truly professional thief will rarely be _________ since he would get more time for a ____________ charge than the ______charge. He will try to use his mind to outwit his captor. The better an officer becomes at questioning a suspect and catching him in a lie, the better that officer's chances are he will catch a professional car thief
_________ thieves often carry weapons and take reckless chances to avoid apprehension. _________thieves are usually stealing for trading material to procure narcotics or alcohol. _________thieves are the most dangerous auto thieves
___________ are foreign made vehicles not produced for sale in the United States but which have been imported by individuals or companies into the U.S. Most of these cars are__________
Gray Market Vehicles
a _____________ is described as the altering of a vehicle's identity by placing the serial number of a total loss car (total loss vehicles are cheaper to buy and still get a title) onto a_____________
One problem that is common in large cities with big auto dealerships is inventory control. A dealer may do an inventory at 30, 60, or 90 days. If a thief has an inside contact who knows when an inventory is conducted, he can arrange to steal a car off a dealer's lot and it won't be missed for up to three months. To combat this problem, officers must look at car dealer decals when they receive "not reported by county" on a registration request. Also examine the MVI certificate for the station number to identify the dealership and give them a call
If you have stopped a carload of hitchhikers in a California rental car is two months overdue, you have a
_________, not a __________ unless the rental company is willing to prosecute.
To estimate property values of stolen or recovered goods the officer should
obtain the victim's estimate of property value
Nine Categories of criminal homicides
Anger killing - an extension of the crime of assault. Dispute-anger-attack-death (cycle of violence).
• Revenge or jealousy killing - history of involvement between perpetrator and victim.
• Triangle killing - husband or wife kills spouse who has involved himself/herself with another lover.
• Killing for profit - the elimination of another because it would result in profit for the murderer.
• Random killing - seemingly motive-less. Most difficult to solve.
• Drive-by shootings as a result of gang activity
• Murder-suicide-actor kills another, then self. Not uncommon among elderly and mentally distraught.
• Sex and Sadism - marked by unusual violence. May follow rape, acts of sexual perversion, or sadistic acts.
• Felony murder - death results from injuries received during the commission of some other felony
In the majority of cases, the _______ knows the perpetrator
All_________ deaths should be treated as homicide until proven otherwise
Sex Offenders shall satisfy the requirement of CCP 62.02 no later than _________ days after arrival in a county or municipality.
_____________ are acts of violence
• The perpetrator's purpose is to exercise power over victim
• These are not crimes of sexual desire
• Means of control is of importance in the classification of the offense
• Force or threat of the use of force
• Administering of drugs (includes alcohol)
• Incapacity of victim to consent (physical or mental condition)
• It is extremely difficult to achieve full cooperation of victim due to psychological trauma.
• Officer's attitude has a significant bearing on the 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
o Typically has been drinking or doing drugs
o Uses minimal force or threat
o Typically not a repeat offender
Aggression and violence are eroticized
o Act is symbolic of destruction/elimination
o Victim is symbolic of a person the offender wants to destroy
o Assault is calculated and pre-planned. Offender brings weapons
o Assault is ritualistic, involves torture, bondage, and bizarre sex acts
o Offender is verbally commanding and degrading
o Assault is of extended duration with repeated assaults.
o Injuries are inflicted to sexual areas of the body
o Victim may be murdered and mutilated
o Offenders usually in 30s
o Obsessed with sadism and masochism
o Collects sexual devices and brings them to the assault
Wants to assert masculinity, or punish and degrade
o Uses blitz approach
o Offender's mood is angry or depressed
o Language is abusive and obscene
o Assault is of relatively short duration
o Victim is selected for availability, usually strangers
Offender is frequently impotent and may use devices
o Assaults are spontaneous and sporadic
Wants to prove his masculinity
o Assault is an attempt to control and sexually possess the victim to feel adequate
o Uses con or suspense approach
o Uses force or threat to overcome resistance
o Offender's mood is anxious
o Language is inquisitive and instructional
o May ask victim for praise or reassurance
o Assault may be of extended duration
o Victim is selected for specific characteristics and availability
o Assault is premeditated
o Offenses are obsessive and repetitive
o Frequently commits date and acquaintance rapes
o 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 age 13 years or younger).
"exclusively" attracted to children
attracted to adults as well as children
Two main types of pedophiles
• Don't have a true sexual interest in children.
• Will experiment with children when stress is introduced into life - seen as a victim of circumstance.
• Has the fewest number of victims.
• Will not limit victims to just children, but will also prey on the elderly, sick, or mentally impaired.
This pedophile has a situational occurrence that impels him to turn to children. This turn is only temporary and will revert back.
• Traditionally involved with adults. For example, being married and having a family
An abuser of all available persons. Children are simply included, but not the overall goal.
• Experiments' sexually, "try-sexual," that is willing to try or do anything. Such as bondage, tyndarianism (mate-swapping), and triolism (3-partner relationships).
• Can involve biological children or children by marriage in the sexual experiments because of their convenience
Usually suffer from mental disorder that renders them unable to make the distinction between right and wrong. Examples: retardation or senility.
• Known throughout the neighborhood for being bizarre or strange.
• Loners, not by choice, but because they are not capable of establishing personal relationships with others.
• Doesn't harm children, experiments with holding, fondling, kissing, licking, but not sexual intercourse, oral or anal sex.
• Views children as non-threatening and easier to deal with than adults, so they prefer children.
• Has a collection of pornography; however, it is not child porn
Naïve or inadequate
Prefer children as the providers of personal and sexual gratification
• Seek out children for their needs and wants
Preferential child molesters
Sadist; has made the connection between sexual gratification and personal violence
o Usually male
o Typically the victim is a stranger to the aggressor
o May stalk the child rather than use a form of seduction; may take victim by force using his size as an advantage.
o Abducts children from playgrounds, schools, shopping centers, and other places children gather.
o Has no "love" for children; only interested in causing harm and eventual death to a vulnerable victim.
o Crime is premeditated and ritualized.
Mysoped child molester and killer
Has little or no activity with people his own age, and is usually single and considered immature; uncomfortable around adults.
o Offender is childlike himself in his lifestyle and behaviors.
o Likes children for their less demanding ways, easily dominated, and less critical mentalities.
Fixated child molester
Common psychological defense patterns in pedophiles
denial (eg, "Is it wrong to give a child a hug?")
minimization ("It only happened once") justification (eg, "I am a boy lover, not a child molester")
fabrication (activities were research for a scholarly project)
attack (character attacks on child, prosecutors, or police, as well as potential for physical violence).
In many cases the victim knows assailant.
• Aggravated assaults are often failed
• Murder attempts.
• Victim often changes mind on issue of prosecution.
• Assaults where victim does not know perpetrator are conducted more like homicide investigations.
___________: accept violence as normal; have no concept of a healthy, happy home or relationship; accepts violent parents as role models; ______of prisoners come from violent homes
most affected by violence; two dimensional thinking; usually able to say who did it and show what happened; usually unable to give a complete narrative of the incident
3-6 year olds:
feel responsible; model dad's behavior toward mom; confused about parents; usually able to give a detailed account of the incident; usually unable to give exact date or understand why he/she is not to blame
6-11 year olds:
Teen problems magnified by family violence. Usually able to give complete narrative of incident and understands the implications of revealing the secret. Usually unable to understand "why" and unable to forgive the mother
The first statement of a child (12 and under who is the victim of a sexual or assaultive offense) made to a person ___ years of age or older is an exception to the_____ rule and that person (known as the outcry) can testify directly in court as to what the child revealed to them
Seem unconcerned about the child
• See the child as bad, evil, monster, witch, etc.
• Offer illogical, unconvincing, contradictory explanations or have no explanation of the child's injury
• Attempt to conceal injury
Are emotionally immature
• Are isolated, have no support system and poor relationships with others
• May abuse drugs/alcohol
• Verbally threaten to injure child
• May have a chaotic home life
• Have inadequate coping skills
Typical Characteristics of Abusive Parents
Typical Characteristics of the Mother Whose Child is the Victim of Family Sexual Abuse
• Is frequently cognizant of the sexual abuse but subconsciously denies it
• May hesitate to report for fear of destroying the marriage and being left on her own
• May see sexual activity within the family as preferable
Examination without consent of abuse or neglect of child
licensed physician may examine child with authorization from parents
Three major types of elder abuse are
Penalty if offense committed because of bias or prejudice
general preliminary investigatory procedures to be followed when dealing with Homicide:
Care for injured persons.
• Protect the integrity of the crime scene.
• Determine what offense, as near as possible, has been committed.
• Record the scene.
• Seal the scene.
• Identify the victim.
• Develop tentative crime theory
• Obtain names, addresses, etc. of all living victims and witnesses
Interview witnesses and living victims.
• Determine time of death.
• Determine place of death (if different from scene of discovery).
• Determine cause of death.
• Determine means of death.
• Ascertain background and activities of victim.
• Determine motive.
• Prepare preliminary report.
general preliminary investigatory procedures to be followed when dealing with Assaults
• Care for injured, record injuries
• Process scene
• Determine type of dispute (origin, place, time, participants, witnesses)
• Identify weapon or weapons
• Interview participants and witnesses
• Prepare preliminary report
general preliminary investigatory procedures to be followed when dealing with Sexual Assault
• Aid the victim (includes care for injuries as well as emotional support)
• Preserve evidence (at scene as well as victim and clothing)
• Document injuries
• Photograph or videotape area
• Interview witnesses (if any)
• Interview victim
• Prepare preliminary report
general preliminary investigatory procedures to be followed when dealing with Child Abuse and Exploitation
• Reconstruct the event or events.
• Determine if a crime has been committed.
• Identify person or persons responsible.
• Take appropriate action to protect child.
• Prepare preliminary report
A postmortem examination of the body of a person, including X-rays and examination of the internal organs and structures after dissection, to determine the cause of death or nature of any pathological changes that may have contributed to the death.
• Time of death
• Nature of the injuries resulting in death
• Any other injuries found or evidence of chronic illness or disease
• The weapon or substance causing death
• Whether the body was moved after death
• Amount of blood alcohol
• Contents of the stomach - indicates interval between victim's last meal and his or her death and what was eaten
• Any indications of virginity, sexual activity, rape, or pregnancy in female victims; or of sexual deviancy in male victims
• Any evidence of blood, hair, or other traces not the victim's
The autopsy report usually provides the investigator with the following data
dark blue discoloration observable on the parts of the body that are nearest the ground. Appears about two hours subsequent to death. May provide a clue as to whether the body was moved after death
Post mortem lividity
because of chemical changes occurring in body tissues, the muscles stiffen after death. This stiffening starts at the neck and lower jaw and spreads downward. Onset of_________ may start from 15 minutes to 15 hours after death, but as a general rule, it starts 5 to 6 hours after death. The upper part is affected within about 12 hours and the whole body within about 18 hours._________ usually disappears within thirty-six hours, again beginning at the head and neck and extending to the lower parts of the body. This latter process may take from 8 to 10 hours. Presence of absence of stiffening may help in establishing time of death
the ________ of the body is normally 98.6 F. The rate of cooling is dependent on the temperature of the air, the manner in which the body is clothed, and the size of the person. Body __________ may help in determining time of death.
the decomposition of body tissues. Onset and rate are influenced by the temperature of the environment. Principal changes involve bloating of the body by gas, darkening of the skin in suspended parts of body, green discoloration of the abdominal area, and the formation of blisters filled with fluid or gas, may help in approximating time of death.
when there is severe injury to the central nervous system or when there was great tension at the time of death, sometimes stiffening occurs immediately. This gives strong presumptive evidence of suicide if the hand is clutching the weapon
a chemical method of detecting latent blood
________ witnesses so they don't influence others
Officers should obtain permission from the _________or _________to move or disturb the body prior to any attempt to locate sources of identification such as driver's license, military ID, social security card, tattoo, amputation or unusual scars, etc..
justice of the peace
information that should be made known to other officers
any known information describing suspect and suspect's clothing; involved vehicles; weapons; direction of travel; fruits of the crime
objectives in conducting a crime scene search
• Officers must determine if a search warrant is required or if the search will meet the requirements for search without a warrant
• A planned and coordinated legal search of a crime scene to locate physical evidence or witnesses to the crime under investigation.
• 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.
potential problems in conducting a crime scene search
physical characteristics of area to be searched -- size, landscape, density, indoors, outdoors.
Evaluate hazards of area to be searched and what safety measures may be necessary.
Evaluate potential of recovering any evidence
Strip search (thorough):
Quadrant (or Sector) Search:
Circular (Spiral or Concentric) Search:
Methods of Crime Scene Search
This method, in both the double and single form, is among the most effective for outside searches. Stakes and lines are useful in setting up lanes. Natural landmarks may be used as borders
Strip search (thorough):
This type of search is effective for indoor and outdoor scenes that have regular patterns or defined borders. This type of search also permits different types of searches in the different sectors.
Quadrant (or Sector) Search:
This type of search is useful when an item is missing from the center and the search must be conducted rapidly. The search may begin in the inside or the outside as the circumstances dictate
Circular (Spiral or Concentric) Search
This search uses any technique which will be effective in examining specific and small areas with defined borders, such as landscaped areas, bushes, paths, and sidewalks
This search may employ infrared film for discovery of such things as gravesites.
This method can be used as a preliminary step in evaluating the scene.
• Some of the disadvantages of this method are:
o It is often disorganized
o Trace of evidence may be overlooked.
o Others at the scene may feel that when this method of search is completed, they are then free to invade the scene.
o Move in order of appearance of evidence, as follows:
o First item of evidence at the scene to second item.
o Second item of evidence at the scene to the third item.
o Move like this until all evidence is covered.
Evidence in Criminal Actions:
A statement of an accused may be used in evidence against him if it appears that the same was freely and voluntarily made without compulsion or persuasion, under the rules hereafter prescribed.
Evidence in Criminal Actions:When Statements May be Used
No oral or sign language statement of an accused made as a result of custodial interrogation shall be admissible against the accused in a criminal proceeding unless:
(1) an electronic recording, which may include motion picture, video tape, or other visual recording, is made of the statement;
(2) prior to the statement but during the recording the accused is given the warning in Subsection (a) of Section 2 above and the accused knowingly, intelligently, and voluntarily waives any rights set out in the warnin
Evidence in Criminal Actions:Evidence Not to be Used
No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.
Evidence in Criminal Actions:Photographic evidence in theft cases
A photograph of property that a person is alleged to have unlawfully appropriated with the intent to deprive the owner of the property is admissible into evidence under rules of law governing the admissibility of photographs. The photograph is as admissible in evidence as is the property itsel
Elements and procedures of crime scene photography:
o Type of film
o Camera setting
• Take first photo of card identifying photographer, date, location, and case number
• Maintain a log of photos
• Photograph starting with exterior to interior, or with a landmark to locate evidence; then work to detail from farthest relevant point
• Photograph specifics of crime, evidence, victims, weapons, etc.
• Identify roll(s) of film with officer's name, date, location and case number
• Maintain custody during processing of film
• Special documentation requirements: sexual assault, child abuse, family violence
A ________ 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.
_________ are helpful in reconstructing the crime scene.
__________ record the exact locations and relationships of pieces of evidence and surroundings of the crime scene.
Two methods of measurement
In the ______ _______ measurements are made from two or more fixed points to intersect at the location of the object
In the___________ method, objects are located using two perpendicular lines.
Record measurements in crime scene using ______________ reference points
Preparing a crime scene sketch
• Make a rough drawing at the crime scene on paper
• The rough drawing needs to be accurate but does not need to be drawn to scale
• The rough drawing needs to be a representation of the crime scene showing objects and measurements
• Use an arrow to show north and orient north to the top of the sketch
• Draw lines to show where measurements are taken from
• In making a completed crime scene sketch determine a scale to use and locate all objects on drawing to scale
• Show scale on final crime scene sketch
• Use a legend to explain any symbols used on the crime scene sketch.
• Avoid excessive lettering on sketch by using numerical designations
• A title or identifier should appear on the drawing and should contain name of person who sketched the scene, location of sketch and time and date of sketch
• The sketcher should always have control of taking and observing measurements
Objects are drawn in such a way as to show them as they appear to the eye with reference to relative distance or depth. This sketch is useful when no camera is available or the condition of the scene is such that a photograph would not be illustrative
Perspective sketch - three dimensional
This type is the most frequently used. It is employed when it becomes desirable to portray three dimensions to allow better correlation of the evidential facts of the scene. All places and objects are drawn in one plane, as seen from above. A cross-projection drawing is one where the walls and ceiling of a room are seen as folded out into the same plane as the floor. This type of drawing is employed to illustrate the interrelationships between objects in different planes, such as bullet holes and blood stains.
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 through glass, flesh, walls, etc., and tracing the path of a skidding automobile
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. Examples of such areas would be bullet holes, tool marks, blood spots or patterns, and the location or orientation of a latent fingerprint. Another
example would be a drawing of the placement of ammunition in a revolver cylinder. It is also useful when small items of evidence must be illustrated prior to their removal from immovable objects
______ ___ ________ is the process which records transactions of evidence from person to person since its acquisition by a law enforcement agency
Chain of Custody
______ ___ ________ accounts for: who found the item; where it was found; who took custody and marked it; who transported it; and where it is being stored
Chain of custody
type of evidence to be collected for the type of offense committed
• Fruits of the crime
• Tools of the crime
• Mere evidence
safe methods for preserving evidence in original condition Packaging:
The purpose of proper packaging is to prevent breaking, spoiling, loss, and contamination
• Use paper instead of plastic bags to reduce contamination and spoiling.
• Containers should fit tightly
• Each different item should be packaged separately
• Items from different places should be packaged separately
• Wet evidence, such as bloodstains, semen stains, mud and such, must be allowed to dry before packaging to prevent rotting
• Liquid blood must be refrigerated
• Use disposable ______ ______
• Upon completion, dispose of _____s properly
• ______ hands
• Avoid contact with any other body fluids
• Use extreme caution when handling ______ _____ ______
HIV body fluids
• _______ _________ of a weapon before it is moved
• Note the position of________or bolt
• Position of exposed hammer, firing pin and safety
• Lift weapon
• _______ weapon
• Do not clean or strip weapon
• Never place an object inside of _______
• Note the location of _______ and position of _______ and ________ cartridges
Collecting paint evidence:
• If practical, submit the item bearing the questioned paint
• Obtain paint samples from all damaged areas on a vehicle
•_______ the location from which the paint sample was taken
• Gather information as to description of the complainant, ________, witnesses, and any other related investigative facts
• Obtain and record all pertinent information regarding the offense - time, date, location where they were when offense occurred, what was seen, what was heard
• Allow complainant and witnesses to tell_____ story, then ask pertinent, direct questions
• Ask questions without________an answer
• Record any information you receive and denote if the information is from personal observation or heard from someone else.
• Obtain _______ statement from witnesses or complainant, whenever necessary
• Property victims just as traumatized as injury/homicide victims - officer should treat all with dignity and respect
• Obtain as complete a description of suspect as possible - race, sex, height, weight, clothing, facial features, weapon and direction of travel
• Obtain as complete a description of any ________ used by suspect - license plates, make, model, color, significant damage or features & direction of travel
__________should be conducted individually and outside the presence of others.
• ________ ________ not necessary until the suspect is subjected to custodial interrogation
Separate persons so that their statements reflect their______ opinions and observations
• Allows interviewer to locate discrepancies in statement and establish _______ of statement
• Confront subject with any _______ and allow subject to explain or retract
Obtain facts and as much pertinent information as is necessary at the_________
• Conduct more in-depth interview where the environment can be controlled by the _________
• Allow no _________ for the subject being interviewed
• One officer should conduct interview depending on the interview technique
• A private office is an ideal location
• Lighting and temperature should be __________
Whenever a person is in custody, reading of rights is necessary_______ to interviewing
• If in the course of interviewing a person becomes suspect and is taken into custody, ______ the interview and advise that person of his/her rights
Prior to any custodial interview, the person should be advised of his/her rights
• Eliminate any ______ _________ or distractions
• Know what information you have and know what information you need to_______ from the suspect
• Establish a _______ with suspect by asking questions unrelated to the case and keep suspect talking and allow him/her to tell his/her own story
• Direct questions toward establishing the validity of witness/suspect statement
• Direct questions toward establishing the_____ of the incident
• Confront suspect with discrepancies and ______with known facts
Avoid questions that can be answered with just a yes or no and have suspect explain his/her answers.
• Avoid_______or suggestive questions.
• Avoid______ ______ ______, allow suspect the opportunity to answer, avoiding confusion.
• Interviewer should control his/her emotions and be patient with suspect or pass the interview to another officer.
• Allow complete narrative:
o Keeps person from becoming confused.
o Gives interviewer opportunity to review what person knows of the_______, locate discrepancies, and confront him/her about discrepancies.
rapid fire questions
• Eliminate suicide risk and prevent ______in custody
• Attorney General's procedures for reporting (see Commission on Jail Standards) - suicide screening for all prisoners being booked to check emotional stability
• Security of Facility
• Safeguard of prisoners' _______ property
Except in a case of an ________, a male officer searches a male prisoner, and a female officer searches a female prisoner. A search should be conducted out of view of the________ sex.
Strip Search is regulated by________
Recording and securing property:
• ______ describe in the presence of the prisoner, using the correct form
• Common articles to be inventoried: money, billfold or wallet, watch, jewelry, knife, keys, credit cards
• List and describe all articles of clothing as well as other property the prisoner possessed when arrested
• Describe property as specifically as possible, i.e., color, shape, size, identifying characteristics, serial number, visible damage, emblems, design, inscription. Be sure to use appropriate descriptors, such as "______ ___ _____" instead of "gold."
• Describe the articles of clothing in detail, including whether men's, women's, children's, or infant's clothing; color or pattern; size; maker's label; laundry or cleaner's marks; kind of material; type and design; and general condition
• Check for impounded vehicle
• Upon completing the inventory and recording of the prisoner's property have the ________ sign the form to acknowledge that the inventory is true and correct
yellow in color
TCIC/NCIC system contains a database with ten files
o Canadian warrant
o Computerized Criminal History (CCH)
o License plate
o Missing person
o Wanted person
Procedures for prisoner with bodily injury
• Call for medical assistance for treatment
• Photograph offender
• Photograph officer
• Write proper report if injury occurs in jail facility
Complete and accurate records
• Contraband will not be introduced into facility
• Additional charges may be filed if contraband is found
• Other agencies are notified when outstanding warrants against a prisoner are discovered
• The safety of the prisoner, arresting officer, and persons already in jail is protected by all reasonable means
• The personal property of the prisoner is correctly inventoried, recorded on the proper form, and safeguarded until the person is released from jail
results of a proper booking process
The precautions officers take at a crime scene, the handling of evidence, interviews, complete and accurate reports and detailed case preparation culminate in a_______
• The reputation of the officers and the department may be enhanced or diminished by the demeanor and ______ of the officers in court
• A positive outcome is achieved when the appearance meets the trial objectives, public relations are improved, and the officers are satisfied
• Officers who do not prepare for court appearances risk personal ________ through unacceptable personal appearances and/or poorly expressing themselves while testifying
• Courtroom testimony represents a challenge to officers and is a test of true abilities, such as self-control, tact, obedience, personal conduct, bearing, and________ communication
Vital to every criminal prosecution is the officers' ________ to testify
• Anticipation of logical questions allows for refreshing memory on important information
• Have ready a____ _______ of the officers' participation in the case, with any relevant evidence and facts
• Conduct a careful study of reports, interviews, photos, evidence, and notes
• Failure to do so will often result in misstatements,_______, and contradictions
Giving First Impression:
• Proper courtroom attire:
o Uniformed officers in _______ dress uniform
o Plain clothes officer in _______ business attire
• Approach the court confidently
• Walk directly to the witness stand or clerk's desk and prepare to take the oath
• Do not look at the ________, the jury, or the judges
• Follow the prosecutor's direction
While taking the oath, _____ at the person administering it
• Keep right hand at shoulder level, with fingers extended, until the oath is ______
• The prosecutor will then begin by directing the officer to be seated and then asking for name, occupation, and________
The judge will rule on the objection in one of two ways
o "Sustained" (the officer may not answer)
o "Overruled" (the officer may answer the question)
The prosecutor elicits facts from the officer
• Direct testimony to the jury, or to the judge in the absence of a jury, when answering prosecutor's questions
• In the event that defense counsel objects to a question, remain silent until the court has ruled on the objection
The defense counsel will begin the questioning after the prosecution has finished with the witness.
Following the cross examination by the defense attorney, the prosecutor may question the witness to clarify statements or answers given during the cross-examination.
The defense attorney may further question a witness after redirect examination by the prosecutor
The Principles of Witnessmanship:
• _________: present a modest demeanor and display a sincere interest in the accuracy and truth of statements.
• _________: most witnesses do not get flustered, confused, or embarrassed as long as they confine their statements to answering the questions. Be brief and to the point. Do not volunteer information, argue with the attorney, or make spontaneous, unneeded comments.
•________: errors, inconsistencies, and confusion undermine credibility with the jury.
•________ : present an impartial and conscientious picture of a public servant working for the interests of justice. Be courteous, answer directly, and remain poised. The defense counsel will often endeavor to portray the officers as prejudicial and interested to accuse the first person of whom they become suspicious, so remain the objective public servant during testimony.
• _________l: ignore insults, badgering, and innuendoes. A display of anger loses credibility.
Opinion evidence should always be based upon ______. Make clear the distinction between ______ and facts. Represent only facts as fact.
a court at the request of a party may order the exclusion of a witness who for the purposes of the prosecution is a victim, close relative of a deceased victim, or guardian of a victim only if the witness is to testify and the court determines that the testimony of the witness would be materially affected if the witness hears other testimony at the trial.
Invocation of rule
Many times the defense counsel realizes the ______________has an extensive case against the defendant so the only logical defense must be based on challenging the ________of the prosecution's witnesses
Offensive: rapid-fire questioning is intended to confuse the witness and procure inconsistent answers. When faced with such a situation, take time to consider each question, be deliberate in answering, and ask to have the question repeated. Remain calm.
• __________: defense counsel will be ultra benevolent in approach to the point of ridicule in an effort to give the impression that the witness is inept. When faced with such a situation, ask for the question to be repeated if it was improperly phrased and then answer in a firm and decisive manner.
• ____________: defense counsel may be overly courteous in an effort to lull the witness into a false sense of security where answers may be given in favor of the defense. When faced with such a situation, stay alert and bear in mind that the defense counsel is attempting to diminish the effect of the testimony.
• Badgering / Belligerent: intended to provoke to lose emotional control and, therefore, credibility with the jury. When faced with such a situation, ignore the defense counsel's
actions, stay calm, speak in a deliberate voice, and give the prosecutor time to make the appropriate objections.
Since the witness testimony is what the verdict is based upon, follow closely the questions of the attorney, avoid extraneous material, and allow time for _______.
___________are to keep improper evidence out of the case. When the defense attorney asks a question, pause long enough to give the prosecutor time to object. If an objection is made, remain silent until the judge rules on the objection.
Treat ______ attorneys in the same courteous manner, showing respect and an unbiased attitude
Reasons for case management:
• To have an organized, easily understood, factual, and _________ account of the investigation.
• To identify serious weaknesses in case
• To help to assure failure to prosecute is not due to lack of___________ or mistakes on officer's behalf
Value of a properly prepare case folder:
• To prevent
• To prove efficiency on the part of the officer and dept
• To be useful for review by ________and grand jury
Offense and supplemental reports
• Witness and victim statements
• Voluntary confessions
• Fingerprint cards and comparison report form expert
• Other pertinent reports
Items included in a case folder
• Legality of arrest and seizure of evidence
• Names of witnesses and nature of testimony
Items included in a summary:
Conditions that must occur for an act to be called a specific kind of crime
Elements of a crime
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