Criminal Investigation Justice Series 2nd Edition by Lyman - Test Bank

Criminal Investigation Justice Series 2nd Edition by Lyman – Test Bank

 

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Chapter 1

Foundations of Criminal Investigations

 

Chapter Overview

 

The beginning of this chapter focuses on the history of criminal investigation.  It initially recognizes that criminal investigation began in England and briefly reviews the beginnings if policing by the Bow Street Runners of the Henry Fielding during the 1750’s to Sir Robert Peel’s first paid police officers known as the “bobbies.”

After establishing the history of policing and criminal investigation in England it moves to the United States and discusses the history of criminal investigation in the United States.  The first police departments in America were Boston in 1837, New York in 1844, and Philadelphia in 1854.  Federal Initiatives for criminal investigators began in 1865 with the creation of the United States Secret Service used to the Drug Enforcement Agency (DEA) was created in 1973 from the Federal Bureau of Narcotics.

The next section discusses the evolution of research and science in forensic science. It reviews concepts such as serology and forensic pathology. The chapter moves forward covering criminal investigations.  It talks of the RAND and PERF studies of the early 1970’s and their effect on police departments. Both of these studies make recommendations for police from first arrival on scene of a crime to investigation past that point.

The next piece of the chapter reviewed is the objectives of criminal investigation. It discusses what the purposes of police response to crime as well as how to look for evidence at crime scenes.  It further speaks of the using technological advances in evidence collection.

Then the chapter talks about reasoning. This reasoning section reviews inductive and deductive reasoning when looking at a crime scene.  It takes it further to the concept of abduction when using reasoning to determine criminal activity

The chapter then takes a focus on the emergence of the police specialist at crime scenes, types of investigations, crime scene investigators, and the modes of investigation.  These are all important discussions as to response to crime scenes, who should investigate, and how.

The role of the criminal investigator becomes the next subject of discussion and it speaks about good characteristics of an investigator. It goes further looking at how patrol officers can make an impact at a crime scene not only as a first investigator but also how his/her role can expedite solving the crime.

Solvability factors are the next subject. This section reviews the identification of leads in a crime as well as the reporting system and how this could lead to better ways of finding the criminal.

The chapter then moves to the preliminary investigation to determine criminal activity.  Witnesses and physical evidence is pointed out as pivotal to the investigation.  This section goes further discussing investigative steps at crime scenes, witness statements, and how this can lead to an arrest.

 

 

Chapter Objectives

 

• Explain the history of criminal investigations
• Identify how research affects criminal investigations
• Discuss the objectives of Criminal investigation
• Distinguish the difference between inductive and deductive reasoning
• Explain the expanding role of the patrol officer as criminal investigator
• Discuss the solvability factors in a criminal investigation
• Describe the preliminary investigation process

 

Lecture Outline

 

The History of Criminal Investigation

 

Criminal investigation began in England and briefly reviews the beginnings if policing by the Bow Street Runners of the Henry Fielding during the 1750’s to Sir Robert Peel’s first paid police officers known as the “bobbies.”  There is the recognition of Scotland Yard serving as the headquarters of the London Metropolitan Police Department.

 

The first police departments in America were Boston in 1837, New York in 1844, and Philadelphia in 1854.  By 1870 there is a police department in every major city in the U.S. due to the fact that each city had its own brand of violence, crime, and vice.  Much of the crime and violence came from fighting between the Protestants and the Catholics, immigrants and Native Americans and the abolitionists and pro-slavery groups.

 

Scottish immigrant Allan Pinkerton founded the Pinkerton National Detective Agency in 1850. The agency was developed to help local law enforcement in solving cases that they were unable to investigate due to resources or incompetence.  Pinkerton started a “rogues gallery” which was a compilation of descriptions of suspects, their hideaways, methods of operation, and criminal associates.

 

Even during the time of Pinkerton the New York City Police had some 20 detectives of their own.  The NYPD had established their own “rogue gallery” of offenders and had over 700 photos of suspects.  Chicago had its own Criminal Investigation Bureau in 1884 and Atlanta had its own Detective Bureau in 1885.

 

Federal Initiatives for criminal investigators began in 1865 with the creation of the United States Secret Service used to investigate counterfeiting.  During the 1920’s the Bureau of the Internal Revenue was created to enforce Prohibition.  The FBI originated from a force of agents of the Department of Justice under Attorney General Charles Bonaparte. Post Prohibition in 1933 former bootleggers turned to other crimes.  In 1932 the FBI created a crime laboratory and made it accessible to state and local police.  In 1967 the FBI made the National Crime Information Center (NCIC) operational.  The Drug Enforcement Agency (DEA) was created in 1973 from the Federal Bureau of Narcotics.

At the local level of criminal investigations one of the most notable figures is Chief August Vollmer of the Berkeley, CA Police Department.  Some of his innovative ideas included: officers on bicycles, motorcycles, and then patrol cars.  He created the first centralized police records system in the U.S.  There was the use of soil fibers and soil to solve crimes and he started the first school of laws of evidence.  Then by 1914 officers communicated on radios. By 1916 he was teaching criminal justice at UC Berkeley and he was the first chief to require officers to have a college degree.  He outlawed “third degree” tactics in confessions; used the lie detectors in investigations; and began using fingerprints to identify suspects.

 

Forensic science or criminalistics used science to criminal investigations.  Hans Gross of Graz, Austria wrote the first major book of criminal investigations in 1863.  It was translated to English in 1906 under the title Criminal Investigations.  Frenchman Edmond Locard established the first forensic laboratory in Lyon in 1910.  Locard’s exchange principle states when suspects enter a scene something of themselves, hair, fibers will be left upon leaving.

 

Technology flourished in the 19^th Century and Alphonse Bertillion of the Paris Police Department created the Bertillion system, also known as anthropometry, studied skeletal aspects of the human body and noted it remained the same at full maturity.  By the mid 1840’s, Dactylography, the study of fingerprints, became a popular means of identifying suspects in crime although it wasn’t until the late 19^th Century it wasn’t learned that a person’s fingerprints were unique and unchangeable.  This discovery was made by Englishmen William j. Hershel and Henry Fields.

 

The historic frequency in the U.S. of shootings made firearm identification extremely important.  Forensic science started studying comparisons of bullets, ammunition, design and function of firearms, restoration of obliterated serial numbers on weapons, and distance of a fired gun from the victim.

 

The Evolution of Research and Science in Forensic Science

 

The American Academy of Forensic Science (AAFS) was established in 1948. Expertise includes pathology and biology, toxicology, criminalistics, questioned documents, forensic odontology, and anthropology.  German physician Paul Uhlenhuth created serums to distinguish different animal blood.  Serology was established to study bloodstains and distinguish blood from animals.

 

Forensic Pathology studies the cause of death through examination of the corpse and identity of corpses. The pathologic process studies injury or disease that directly influenced or initiated a person’s death.  “Manner of death” in most jurisdictions is seen to be: homicide, accidental, natural, suicide, or undetermined.  Autopsies collect trace evidence and identity of the deceased.  Pathologists examine and document wounds and injuries.  They collect and examine tissue specimens for natural disease such as asbestos in the lungs or gunpowder particles around a gunshot wound.  They also collect and interpret toxicological analyses of body tissues and fluids to determine chemical causes of accidental overdoses or deliberate poisonings.

 

Criminal Investigation Research

 

The RAND Corporation and the Police Executive Research Forum (PERF) undertook a nationwide study of criminal investigations to determine how police investigations were organized, managed, as well as to assess the effectiveness of overall police functioning.  The focus was in Index Crimes such as murder, robbery, and rape.  Less serious crimes were not studied.  The FBI’s UCR and the National Crime Victimization Survey looked for effectiveness of arrest and to analyze case samples to determine how cases were solved.

 

RAND recommendations were as follows:

 

1. Post arrest activities should be coordinated closer to the prosecutor’s office by signing investigators to the office.
2. Patrol officers should have greater investigative responsibility at crime scenes and trained to perform such duties.
3. Forensics should be increased in processing a scene more effectively
4. Anything other than a routine clerical case all others should be handled through a specialized investigation section of the department.

 

PERF study suggested:

 

The Police Executive Research Forum (PERF) studied the roles of detectives and patrol officers in burglaries and robberies in three areas of the country: DeKalb County GA, St. Petersburg, FL, and Wichita, KS.  PERF Concluded detectives and patrol contribute equally to resolution of burglary and robbery cases, most cases four hours (over several days) closes approximately 75% of those cases.  Of the remaining 25% detectives played a major role in follow up to identify ands arrest suspects.

 

 

1. There was not as much waste or mismanagement in investigations as earlier thought.
2. Greater emphasis should be placed on collection o f physical evidence.
3. Police departments should have policies regulating the use of evidence technicians in cases of burglary and robbery where there has been no physical injury.
4. Officers should use neighborhood canvases to locate witnesses
5. Patrol officers should use extensively department records and informants to identify suspects.

 

 

 

 

 

The Objectives of Criminal Investigation

 

The objectives of criminal investigation are as follows:

 

1. Detect crime
2. Locate and identify suspects in crimes
3. Locate, document, and preserve evidence in crimes
4. Arrest suspects in crimes
5. Recover stolen property
6. Prepare sound criminal cases for prosecution

The premise to all criminal investigation is people make mistakes when committing crimes.  The job of the criminal investigator is to find the evidence.  Use of witnesses and informants about the crime, technology in collecting evidence, and police training and experience in investigation can lead to solving the crime.

Inductive and Deductive Reasoning

After initial investigation of a crime the investigator draws conclusions typically through inductive and deductive reasoning.  Inductive reasoning draws on general conclusions from specific propositions.  Not all conclusions are strong so one must be careful of weak premises to conclusions that are in need of further investigation.  Deductive reasoning is based on specific pieces of evidence to establish proof that a suspect is guilty of an offense.  The more evidence collected the stronger it allows investigators to establish guilt.  Abduction helps make links among events and the development of the overall theory of a crime depends on adding new links.

Critical Thinking and Scientific Methodology

Critical thinking and the scientific method must be reasonable and informed and both must be tools in the investigators arsenal.  Critical thinking requires one to recognize problems and a means for figure out what to believe or do in a reasonable way.  To be critical one must analyze, evaluate, explain, and restructure one’s thinking to further conclusions of a suspect’s guilt or innocence.  The scientific method consists of collecting of data/evidence through observation and experimentation to test each hypothesis.

 

The Emergence of the Police Specialist

 

Within most law enforcement agencies in the United States there are two types of divisions; those who maintain order, and those who investigate crime.  The larger metropolitan departments have investigatory subdivisions dealing with different types of crime.  These departments have several internal detective divisions, each dealing with different categories of crime, such as crimes against persons (for example, rape, assault, and robbery), crimes against property (for example, burglary, larceny, and auto theft), and vice crimes (for example, drug violations, gambling, and prostitution).

Types of Investigations

Law enforcement has unique demands of both maintaining peace in communities and protection of lives and property.  Those who violate laws must be identified and brought before a court. Criminal investigators confront investigations in several areas in the regular course of their duties.  They must at times investigate personal backgrounds of people to determine suitability of someone’s suitability to public trust positions; suspects who have violated criminal law and civil law; and vice crimes (drug and organized crime activity).

Crime-Scene Investigators

Crime-scene investigators require very specific training with regard to crime-scene protection, identification and preservation of evidence.  Not every agency has the ability to support persons to a dedicated crime-scene investigation unit.

 

Modes of Investigation

 

Reactive response occurs after the crime has been committed.  Investigators typically respond to the crime, collect evidence, locate and identify witnesses and identify and arrest suspects.

 

Proactive response is an attempt to anticipate criminal activity.  Investigators conduct investigations before a crime has been committed to prevent the crime and apprehend suspects.

 

Preventative response is meant to deter suspects from committing crime.

 

The Role of the Criminal Investigator

 

Some studies have suggested that the role played by investigators is overrated and that their time could probably be spent more productively by focusing on crimes with the best likelihood of clearance.12 Other researchers suggest that the investigative process is a valid utility in crime detection but should be augmented by the use of proactive patrol programs.

 

Characteristics of the Investigator

 

Many police agencies implement a supervisory performance appraisal system to evaluate suitability for appointment to investigator. Once taken, the police manager can choose from candidates who possess the most sought-after qualities. They undertake activities related primarily to law enforcement; patrol officers, on the other hand, routinely spend their time in order maintenance (for example, maintaining peace) and the provision of general services (for example, emergency aid, finding lost children, traffic control).

The Patrol Officer as an Investigator

Over the past decade, many police departments have expanded the role of the patrol officer to responsibilities that are traditionally assigned to investigators.

            Expanded roles of patrol officers:

• Depending on seriousness of crime and availability of evidence the patrol officer may call for a specialized search by evidence technicians
• The patrol officer has authority to initiate and complete investigations of misdemeanors, property cases up to $1500 and auto larceny cases
• The practical effect is sorting out different types of cases: one patrol can handle; the other specialized detectives.
• In rare cases police officers may perform entire investigation

Benefits of Patrol Officer Investigation

• Cases are handles completely and expeditiously
• Communication between patrol & investigators have improved
• Morale has increased with patrol officers
• Increased patrol officer investigations has reduced caseloads for investigators giving them more time to investigate high profile cases
• Better management of entire investigations

Solvability Factors

The redefining of the role of patrol officer is intended to ensure that evidence supporting the continual investigation or case closure is collected 
at the earliest possible point in the investigative process.  This reporting system is defined by two basic components, which in combination form the basis for an initial investigation. The first is a format that logically guides the identification leads, or solvability factors, that experience and research have demonstrated are most likely to result in case solution.  The second provides an opportunity for details of the investigation thus far expended so the follow-up plans do not unnecessarily duplicate tasks already completed.

12 Primary Solvability Factors

1. Immediate availability of witnesses
2. Name(s) of the suspect
3. Information about the suspect’s location

4. Information about the suspect’s description

5. Information about the suspect’s identification
6. Information about the suspect’s vehicle and vehicle movement
7. Information about traceable property

8. Information about significant MO

9. Information about significant physical evidence
10. Discovery of useful physical evidence
11. Judgment by the patrol officer that there is sufficient information available to conclude that anyone other than the suspect could not have committed the crime
12. Judgment by the patrol officer on case disposition. If the officer believes there is enough information available and with a reasonable investment of investigative effort that the probability of the case solution is high, then the investigation should be continued.

 

The Preliminary Investigation

The preliminary investigation is the responsibility of the first officer at the crime scene.  A job well done during a preliminary investigation should provide the information or evidence needed to build a solid case. Conversely, errors made during the preliminary investigation, especially those that involve a failure to properly safeguard or identify physical evidence, cannot be rectified at a later time.

1. Determine what has happened.
2. Locate witnesses and sources of evidence that aid in determining what has occurred.
3. Locate and preserve physical evidence.
4. Determine what further investigative steps should be taken.
5. Obtain and evaluate the accuracy of witnesses’ statements.
6. Determine whether to act on the statements and evidence found at the scene.
7. Record what has been done, what has been learned, and what has to be done.
8. Complete the investigation and make an apprehension if appropriate.

The preliminary investigation should begin when an officer is assigned to proceed to a crime scene and only terminate when he or she has completed the task to the point at which a delay in further action does not substantially affect the successful outcome of the investigation.

Crime Scene Response

While approaching the crime scene, the responding officer must remain observant for potential suspects fleeing the area. The officer should note descriptions of people and vehicles leaving the crime area. If it is necessary to stop a suspicious person, the officer should notify the dispatcher immediately so that other units are aware of the situation.

 

• Aid the Injured: Administer first aid and obtain medical assistance for injured parties when required. While rendering aid, officers should disturb the scene as little as possible.
• Evaluate the Situation: the officer should make an evaluation of the crime scene before proceeding with the preliminary investigation. A police officer can gain a reasonably accurate mental image of how the crime occurred and where it was committed.
• Obtain Basic Information: The identities of victims, witnesses, and others present at the scene when the officer arrived. A brief account from each witness or victim of what occurred, including descriptions of any suspects
• Interview Witnesses: The first officer at the scene must detain witnesses. The officer should quickly remove all persons from the crime scene and should not allow them to return until all of the necessary crime-scene work is completed. The witnesses should be separated so they cannot discuss the case with each other.

THE CASE:

• Answer should include: The initial response of the first officer on scene would be to secure scene, separate any witnesses to the crime, and immediately request a crime scene investigator. Specialized investigators dealing with arson should be summoned and take crime scene photographs. Any information on cars at the scene should be immediately reported to dispatch.  Evidence teams needed to secure the bat and try to lift fingerprints from it as well as lifted off the gasoline cans. The solvability of this crime would be low.  It would rely on fingerprints tied to the scene on the gasoline cans.  Any videotapes of the credit card cash withdrawal that could help solidify pictures of the suspects.
• Answer Should Include: The history of criminal investigation could tell us of the Locard Principle where it would be impossible for the suspects in this crime to have not left some evidence at the scene. Forensic science would be needed to extract evidence from the crime scene.  The Bertillion system of evidence collection would be necessary.  Additionally forensic pathology would be needed to determine toxicology and method of the victim’s death.

Learning Outcomes 1:

1. Why were criminal investigations and apprehension difficult in the American frontier? Answer: Local law enforcement officers were unable to investigate due to incompetency or limited resources.
2. Where was the first professional police force established in the United States? Answer: Boston in 1837
3. Why is the creation of the FBI considered one of the most significant developments in the history of law enforcement in America? Answer: The FBI originated from a force of special agents created in 1908 by Attorney General Charles Bonaparte during the presidency of Theodore Roosevelt. John Edgar (J. Edgar) Hoover, the bureau’s newly named director, announced in 1924 that he would strive to eliminate corruption and get the agency out of politics. In doing so, he raised the qualifications of agent personnel, reduced the number of agents nationwide, and closed some field offices. Today, the FBI is one of many federal investigative agencies that have made great strides in professionalizing the field of criminal investigation.
4. What is the role of a forensic pathologist in criminal investigations? Answer: Forensic pathology is a branch of pathology concerned with determining the cause of death by examination of a corpse. The pathologist, at the request of a coroner or medical examiner, performs the autopsy, usually during the investigation of criminal cases and civil suit cases in some jurisdictions. Forensic pathologists are also frequently asked to confirm the identity of a corpse.

Learning Outcomes 2:

1. As it relates to criminal investigations, what were the most significant recommendations following the RAND study? Answer: Post arrest activities should be coordinated more closely with the prosecutor’s office. Patrol officers should be afforded greater responsibilities in conducting preliminary investigations, which will provide greater case-screening capabilities for investigators while eliminating redundancy. Forensic resources should be increased for processing latent prints and developing a system to organize and search fingerprint files more effectively. With regard to investigations of cases that the agency chose to pursue, a distinction should be made between cases that require routine clerical skills and those that require special investigative abilities.
2. As it relates to criminal investigations, what were the most significant recommendations following the PERF study? Answer: The value of follow-up investigations by detectives in identifying and arresting suspects is also thought to be much greater than indicated by earlier studies. Greater emphasis should be placed on the collection and use of physical evidence when applicable. Police departments should develop policies and guidelines regulating the use of evidence technicians in routine cases such as burglary and robbery when there has been no physical injury to victims. Officers should dedicate greater effort to locating wit- nesses through the use of a neighborhood canvas.
3. In terms of findings/recommendations, what is the primary similarity among the three studies noted in the chapter? Answer: Police departments should develop policies and guidelines regulating the use of evidence technicians in routine cases such as burglary and robbery when there has been no physical injury to victims. A distinction should be made between cases that require routine clerical skills and those that require special investigative abilities.

Learning Outcomes 3:

1. What are the primary objectives of the criminal investigation? Answer: Detect crime. Locate and identify suspects in crimes. Locate, document, and preserve evidence in crimes. Arrest suspects in crimes. Recover stolen property. Prepare sound criminal cases for prosecution.
2. What is the basic premise of the criminal investigation? Answer: The premise behind the criminal investigation field is that people make mistakes while committing crimes.
3. What are the three primary resources used by a criminal investigator? Answer: Witnesses and informants, for firsthand information about the crime. Technological advances in evidence collection and preservation. Their own training and experience in investigative techniques.
4. What are some mistakes criminals often make when committing crimes? Answer: A burglar may leave behind broken glass or clothing fibers. A rapist may leave fingerprints, skin tissue, semen, or blood.

Learning Outcomes 4:

1. Why is critical thinking an important skill for criminal investigators? Answer: The criminal investigator will draw conclusions through critical thinking and reasoning.
2. How can critical thinking and the scientific method be used simultaneously in problem solving? Answer: The processes of critical thinking and the scientific method need not be mutually exclusive. Rather, reasonable and informed investigators consider both as tools in their investigative arsenal, allowing for critical thinking in determining the direction of the investigation and scientific methods in evaluating the value and usefulness of evidence.
3. In criminal investigations, what is the danger in using inductive reasoning over deductive reasoning? Answer: The conclusion drawn in inductive reasoning can easily be true or false. Inductive logic does not give us a strong conclusion. Deductive reasoning is reasoning based on specific pieces of evidence to establish proof that a suspect is guilty of an offense.
4. How does the concept of abduction apply to criminal investigations? Answer: Abduction helps to make links among events, and the development of the overall theory of a crime depends on adding new links.

Learning Outcomes 5:

What are the fundamental components of law enforcement? Answer: Maintaining order and investigating crimes are the fundamental roles of law enforcement. Specialized squads typically perform the investigative function in law enforcement agencies.

1. What are the three modes of investigation? Answer: Proactive. Preventative.
2. What is the difference between reactive and proactive responses? Answer: Reactive response addresses crimes that have already occurred. Proactive response anticipates criminal activity.
3. How has the role of the patrol officer changed over the years, and what benefits to law enforcement in general and in criminal investigations specifically has this change produced? Answer: The patrol officer provides immediate assistance to victims, locates witnesses, interviews both victims and witnesses, and records information about the crime scene. The patrol officer more recently has the authority to initiate and complete investigation of certain classifications of crime
. Additionally the police officer may be given responsibility for the entire investigative process.
4. What qualities do professional investigators have in common? Answer: Investigators require very specific training with regard to crime-scene protection and the identification and preservation of evidence. Investigators are specialists.

Learning Outcomes 6:

1. What are three primary solvability factors in criminal investigations? Answer: Witnesses, information about the suspect, significant physical evidence.
2. How does the patrol officer guide the direction of an investigation? Answer: The role of patrol officer is intended to ensure that evidence supports the investigation and it is collected 
at the earliest possible point in the investigative process. This reporting system serves as the foundation for guiding the criminal investigation.

 

 

3. A police department’s reporting system is defined by what two basic components? Answer: The first component of a police department’s reporting is it must be in a format that logically guides the identification leads. The second provides an opportunity for details of the investigation thus far expended so the follow-up plans do not unnecessarily duplicate tasks already completed.

Learning Outcomes 7:

1. What are the objectives of the preliminary investigation? Answer: Determine what has happened. Locate witnesses and sources of evidence that aid in deter- mining what has occurred. Locate and preserve physical evidence. Determine what further investigative steps should be taken. Obtain and evaluate the accuracy of witnesses’ statements. Determine whether to act on the statements and evidence found at the scene. Record what has been done, what has been learned, and what further must be done. Complete the investigation and make an apprehension if appropriate.
2. Why are preliminary investigations important in the investigative process? Answer: The preliminary investigation establishes whether the necessary elements of a crime exist. Also all information obtained at the scene determines further police response.
3. What are the steps in the crime-scene response? Answer: id the injured. Evaluate the situation. Obtain basic information. Interview witnesses.
4. Who are the most important witnesses to be interviewed by a first responder? Answer: Witnesses who are ready to volunteer information are usually the best to interview as a first responder. Furthermore, the officer must examine the interrelationships between the accounts of witnesses and other evidence in the case. This involves more than establishing that the witness has personal knowledge of the circumstances of the crime; it also involves an examination of the statements of witnesses in relation to their physical ability, the geographic layout of the crime scene, weather, and degree of visibility.

Additional Links:

http://content.met.police.uk/Home

This is the official website of the Scotland Yard/Metropolitan Police in London. This site contains links to the history of Scot- land Yard and the history of policing. Other links include archives, famous cases, news links, crimes, recruitment, and how to report a crime.

www.fbi.gov

This is the official website of the Federal Bureau of Investigation. This site contains links to the history of the FBI, including famous cases. In addition, visitors will find Uniform Crime Report statistics, reports and publications, videos, photos, news, most wanted lists, crime alerts, jobs and internship programs, as well as fun and games links for teens and children.

www.aafs.org

The site of the American Academy of Forensic Sciences (AAFS) contains links and information on membership, news and current events, archives, resources for students including choosing a career, and colleges and universities that have forensic science programs.

www.nij.gov

The National Institute of Justice (NIJ) is the research, development, and evaluation agency of the Department of Justice. This organization’s site includes links for publications, training, and courses for criminal justice professionals. The site also includes multimedia presentations.