1.      Lesson 01: Overview

(Chapter 01 of Bennett and Hess)

2.      Criminal Investigation Defined

n  Criminal investigation is the process of discovering, collecting, preparing, identifying, and presenting evidence to determine what happened and who is responsible

n  The process of criminal investigation uses deductive reasoning, a logical process in which a conclusion follows from specific facts

n  Criminal investigation reconstructs the past in order to serve justice

3.      Other Definitions

n  Crime---an act in violation of penal law and an offense against the state

n  Felony---serious crime punishable by death or imprisonment more than one year

n  Misdemeanor---crime punishable by up to one year in the penitentiary

n  Criminal Statute---legislative act relating to a crime and its punishment

n  Ordinance---an act of the legislative body relating to all the rules governing the municipality/county

4.      Corpus Delicti

n  Corpus delicti means “body of the crime” or elements of a crime. In order to know whether a crime has been committed, an investigator must know the elements of a crime.

n  Elements of a crime are defined by statute or ordinance and all must be proven during an investigation

n  Elements usually include some…

n  Criminal intent (mens rea)

n  Criminal act (actus reus)

5.      Example

n  A burglary is generally defined by statute as…

n  The unlawful entry or remaining in a building or dwelling (actus reus)

n  With the intent to commit a crime (mens rea)

n  All elements must be proven beyond a reasonable doubt before a person can be convicted of burglary. What evidence would prove intent?

6.      Modus Operandi

n  Modus Operandi (MO) is the “method of operation” or how the criminal operates

n  MO files are important sources of information for investigators

7.      Investigative Goals

n  Determine whether a crime has been committed

n  Identify the person through information and evidence

n  Arrest suspect

n  Recover stolen property

n  Present best case to prosecutor

8.      Basic Functions

n  Determine whether a crime has been committed

n  Identify the person through information and evidence

n  Arrest suspect

n  Recover stolen property

n  Present best case to prosecutor

n  Obtain information from witnesses and suspects

n  Identify suspects

n  Conduct raids, surveillances, stakeout, and u/c assignments

n  Testify in court

9.      Effective Investigators

n  Are able to obtain and retain information, apply technical knowledge, remain objective and open-minded, and use logic.

n  Are emotionally well balanced, detached, inquisitive, suspecting, humble, self-disciplined and perseverant.

n  Are healthy, physically fit, and have good vision and hearing.

n  Use both inductive and deductive reasoning

n  Inductive- move from details or facts to a general view or theory

n  Deductive- develop a hypothesis or theory and test it against facts

10.  History

n  Henry Fielding- established a small group of volunteers known as Bow Street Runners in 18th Century England that responded to investigate crimes

11.  History

n  Sir Robert Peel- created a metropolitan police force for London headquartered in Scotland Yard through the Metropolitan Police Act of 1829

n  Officers were known as…

n  Coppers (cops) because of the copper buttons on their uniforms

n  Bobbies

12.  History

n  Alphonse Bertillon

n  Regarded as the father of criminal identification

n  Developed anthropometry

n Uses body measurements as a method of identification

n Ultimately replaced by use of fingerprints

13.  History

n Dactylography: the scientific study of fingerprints as a means of criminal identification

n Milestones in dactylography:

n   1892- Sir Francis Galton published the first definitive book on dactylography, Finger Prints. It presented statistical proof of the uniqueness of fingerprints and outlined many principles of identification by fingerprints.

n   1900- England adopted the “Henry System” of fingerprint classification developed by Edward Henry

14.  History

n   Edmond Locard- a Frenchman that used the microscope and other scientific means to identify and use trace evidence to solve crimes. Founded the Institute of Criminalistics at the University of Lyons (France). Known for Locard Principle- “There is something to be found.”

15.  History

n  Calvin Goddard- raised firearms identification to a science and perfected the bullet-comparison microscope during WWII

16.  History

August Vollmer-

n  1923- Created first crime lab

n  Headed UC at Berkley- first school of criminalistics

n  Police Chief in Berkley- advocated hiring college educated police officers

17.  DNA

n   1950s- James Watson and Francis Crick identified the structure of DNA

n   1986- DNA used to clear a murder suspect in England

n   1987- The Enderby Case: DNA used during an investigation in Enderby, England, to determine a murder/rape suspect (Colin Pitchfork)

n   1987- The Orlando Cases: During 1986, a series of rapes and assaults occurred in Orlando, Florida, which set the stage for the first use of DNA typing in the United States

n   1988- FBI became the first public sector crime laboratory in the United States to accept cases for DNA analysis.

18.  Investigative Process

19.  Preliminary Investigation Overview

n  The preliminary investigation includes the actions taken at the scene of a crime immediately following its being reported or detected.

n  Generally includes…

n  The police response

n  Actions upon arrival

n  Crime scene protection

n  Investigatory activities:

n Crime scene investigation

n Interviews

n  Dealing with the media

20.  Police Response

n   Generally, by patrol officer(s) assigned to the area

n   Should be as rapid as safety allows since-

n   Suspect(s) may be at or near scene.

n   Injured persons may need emergency care.

n   Witnesses may still be at the scene.

n  Res gestae statements: Spontaneous statements made at the time of a crime relating to the crime. They are often considered more truthful than later, planned responses and are generally admissible in court as exception to the hearsay rule.

n  Hearsay rule: Testimony that is not firsthand but relates to information told by a second party is inadmissible in court.

n   Weather conditions may change or destroy evidence.

n   Someone may attempt to alter the crime scene.

n   A dying person may provide useful information

n  Dying declaration: A statement made by a person who believes his death is imminent relating to the cause or circumstances of his death. A dying declaration is an exception to the hearsay rule.

21.  Arrival

n  The first officer on the scene is in charge until relieved by another officer

n  Set priorities

n  Handle emergencies first

n Preserve life

n Arrest the suspect(s)

n  Any suspect at the scene should be detained, questioned and then released or arrested, depending on the circumstances

n  If a suspect has fled the scene, obtain a general description of the suspect, any vehicles, direction of travel and items taken. Radio the information immediately

n  Secure/protect the crime scene

n  Investigate

n  Note and later document all statements

22.  Crime Scene Control

n  Take all necessary measures to secure the crime scene area, including locking, roping, barricading and guarding, until the preliminary investigation is complete.

n  Everything of a non-emergency nature is delayed until the crime scene is protected.

n  It may be necessary to station a guard to maintain security.

n  It may be necessary to establish a command center for the gathering and exchange of information and for the coordination of the investigation.

23.  Investigative Activities

The investigative activities during a preliminary investigation include…

n  Questioning victims, witnesses, and suspects.

n  Conducting a neighborhood canvass.

n  Measuring, photographing, videotaping, and sketching the scene.

n  Searching for evidence.

n  Identifying, collecting, examining, and processing physical evidence.

n  Recording all statements and observations in notes.

24.  Responsibility

n  Criminal investigation has become sophisticated and specialized.

n  However, the ultimate responsibility of solving crimes lies with all police personnel.  It must be a cooperative, coordinated departmental effort with help from the public.

25.  Exculpatory Evidence

n  Exculpatory evidence is that evidence which tends to show a person is innocent

n  Investigators must not withhold exculpatory evidence

n  Withholding exculpatory evidence is a violation of person’s right to due process