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CCJ 4935 - it’s got all the PPs in here ya’ll… it should be all there...
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Who is the current Attorney General for the US?
Merrick Garland
Who is the current Attorney General for Florida?
Ashley Moody
•made up of everyday citizens who may or may not be formally educated. And those who do have formal educations may not be familiar with the inner-workings of the criminal justice system
•The knowledge that most people have of the inner-workings of the criminal justice system comes from watching television and movies and reading crime novels and books
•For example, fictional portrayals can confuse jurors as to the individualized roles of law enforcement professionals (patrol officers, detectives, crime scene investigators, crime lab personnel, lawyers, etc.)
•Legal processes such as obtaining and serving arrest and search warrants are also not usually portrayed in television shows, movies, and books, further confusing jurors about procedural laws. Most citizens' knowledge of the criminal justice system and the law is based on fictional portrayals which are not usually accurate
Juries
CSI Effect - Prosecutors
•The CSI Effect makes the job of a prosecuting attorney more difficult. Prosecutors must sometimes prosecute cases without conducting forensic tests on every piece of evidence found at the crime scene. And not all the evidence forensically tested in a case will come back to one suspect
CSI Effect - Jurors
•The CSI effect has led jurors to believe that every piece of evidence in a case must be forensically tested and that all the tested evidence will lead to the same suspect.
•Jurors may also think that if a piece of evidence has not been forensically tested by the prosecution, prosecutors are hiding or covering something up. Jurors also don't always take into account the forensic evidence, such as fingerprints and DNA, that can be left in a crime scene by individuals not involved in the crime. And evidence found in a crime scene, such as fingerprints and DNA not belonging to the suspect, can be exploited by a defense attorney to take the focus off the suspect
CSI Effect - Defense Attorney
•The CSI Effect makes the job of a defense attorney easier. A defense attorney's job is to create doubt by poking holes in a prosecutor's case. Therefore, a defense attorney can lead the jury to believe that the prosecutor is hiding or covering something up if every piece of evidence in a case is not forensically tested
•And as mentioned, evidence linked to someone other than the suspect can be used to redirect the focus from the suspect to another person, creating doubt
•Because the analysis of forensic evidence often involves interpretation, prosecutors and defense attorneys often present "expert witnesses or subject matter experts" who will contradict the other's testimony, confusing jurors about the scientific validity of the evidence
CSI Effect - Crime Laboratory Personnel
•The CSI Effect also puts pressure on crime laboratory personnel which could inadvertently lead to false verifications and certifications of evidence, in that sometimes crime laboratory personnel must verify or certify evidence based on their professional opinion
•While crime laboratory personnel on television, in the movies, and in books always seem to identify a suspect through the forensic analysis of evidence, in reality, forensic testing does not always result in the identification of a suspect.
•So in the event of a heinous or serial crime where law enforcement investigators identify a possible person of interest and are seeking physical evidence with the person of interest to close the case in the interest of bringing closure to a victim or protecting society as a whole
CSI Effect - Law Enforcement Officers
•The CSI Effect paints a false picture of the professional lives of individual law enforcement officers. Most crime dramas involve gun violence and violent crime and the suspect is usually arrested or killed by law enforcement officers. The frequency of murders and officer involved shootings in crime dramas is artificially inflated
•Most law enforcement officers will never be involved in a deadly use of force incident. And the entertainment industry does not depict the aftermath of a deadly officer involved use of force incident
•In reality, after a deadly use of force incident, law enforcement officers are subjected to the law enforcement agency's policy, procedure, and use of force investigation, the State Attorney's legal investigation, a psychological evaluation, and the media and public response to the deadly use of force incident. And these investigations can take a year or more to complete.
•in reality, the majority of an officer's time is spent completing administrative paperwork such as reports and forms
CSI Effect Summary
•The CSI Effect sometimes paints a false picture of the personal lives of real law enforcement officers. Television, movies, and books often portray police officers and detectives as divorced, alcoholics whose personal lives are troubled, when in reality, law enforcement officers' personal lives are often rewarding, happy, and family oriented
•The CSI Effect can also influence career decisions of individuals considering careers in the criminal justice system
•So in short, what we see on television (to include the news) and in the movies and what we read in books about the criminal justice system is not always accurate, so we must tailor our beliefs to reflect reality, which can only be gained through experience and inquisitive unbiased research
History of Law Enforcement and Criminal Investigation
Note that most of the early criminal investigators and forensic scientists were from foreign countries. Also note that most forensic science breakthroughs occurred around the turn of the 20th century. And that a lot of individuals transferred from the public to the private sector
1631-1635
City of Boston establishes the Boston Watch, a "night watch," in which officers served part-time without pay. They patrolled Boston for criminals, fire, and wild animals. The Boston Watch was replaced by the Boston Police Department in 1854. Officers were paid $2.00 per shift. Night watchmen initially carried "billhook" knives but transitioned to billy clubs after the Boston Police Department was formed
1748
"Thief Takers" were unpaid citizen volunteers organized by Henry Fielding, the Chief Magistrate and a novelist in the Bow Street area of London, England. "Thief Takers" focused on recovering stolen property and were compensated by reward money obtained from the victims. This system of compensation led to corruption
1754
"Bow Street Runners" were established to professionalize and arm "Thief Takers". The "Bow Street Runners" were also organized by Henry Fielding and his stepbrother, Sir John Fielding, who was blind and also a magistrate. The "Bow Street Runners" were considered the first professionalized police department in England
1775
American Revolution begins (Lexington and Concord, Massachusetts)
1776
United States declares independence (Declaration of Independence)
1783
American Revolution ends (Treaty of Paris)
1787
United States Constitution written
1788
United States Constitution ratified
1789
•United States Constitution took effect
•George Washington inaugurated as 1st President of the United States
•U.S. Marshals Service (USMS) established by President George Washington to support the federal courts and enforce federal law
•U.S. Attorney General's Office established. The Attorney General is the chief law enforcement officer of the country and the only cabinet member not referred to as a "Secretary"
1791
-United States Bill of Rights takes effect
-Sheriff Cornelius Hogeboom of Hudson, New York, was shot as he attempted to serve a writ of ejectment becoming the first known law enforcement officer to be killed in the line of duty. His assailants, who had disguised themselves as Indians, were ultimately acquitted of the crime
1811
Eugene Vidocq "Father of Criminal Investigation" had a criminal past. Informed on his criminal friends. Worked for the French Undercover Police in Paris France. Noted for his clever use of disguises
1813
Mathieu Orfila (Spain) Chemist "Father of toxiocology" legitimizes the field of toxicology through his experiments with arsenic. Orfila went to school and worked in France despite being a Spanish citizen
1827
Eugene Vidocq created first private detective agency (Office of Intelligence) in France. It was the first agency to utilize a large criminal dentification database
1829
-London "Metropolitan Police" Department was organized by Sir Robert Peel. Officers were referred to as "bobbies" and "peelers."
-The "Metropolitan Police Service" known informally as the "MET" has jurisdiction of the boroughs surrounding the city of London and has limited jurisdiction throughout the United Kingdom.
-The city of London and the financial district referred to as the "square mile" falls under the jurisdiction of the City of London Police Department
1830
Office of Instructions and Mail Depredations established by the U.S. Post Office Department. The name was later changed to the U.S. Postal Inspection Service (USPIS). Members of this unit were the first federal law enforcement officers referred to as "Special Agents" however they are now referred to as "Inspectors."
-The United States Postal Service (USPS) has a forensics laboratory located in Dulles, Virginia
1835
Texas Rangers established. The Texas Rangers were the first policing agency with statewide jurisdiction
1842
Scotland Yard Detective Branch organized. Scotland Yard detectives could be hired out to conduct private investigations
1849
Allan Pinkerton hired as first city police detective in Chicago, Illinois
1850
Allan Pinkerton creates first private detective agency in the United States (Pinkerton National Detective Agency which currently operates as Pinkerton Consulting and Investigations)
1857
-New York Police Department creates a detective division. NYPD has the largest municipal detective division in the world. NYPD detectives also work internationally
-The City of Baltimore becomes the first police department to issue pistols to their officers
1858
Police Departments in Boston and Chicago issue uniforms to their officers
1859
Philadelphia Police Department creates a detective division
1865
U.S. Secret Service (USSS) established to combat counterfeiting on the same day Abraham Lincoln is shot
1870
Jacksonville, Florida Police Officer William Johnson becomes the first black American police officer to be killed in the line of duty
1877
Scotland Yard's Detective Branch organized into CID (Criminal Investigative Division). CID considered the first large scale detective division within a municipal police agency
1878
Henry McCarty, aka William H. Bonney and "Billy the Kid" begins a three year killing spree in which he kills six law enforcement officers in New Mexico
1881
Wyatt Earp, his brothers Virgil and Morgan Earp, and John Henry "Doc" Holliday engage in legendary gunfight at the O.K. Corral
1883
•Alphonse Bertillon (France) develops first "personal identification system" referred to as "anthropometry." Anthropometry was an identification system which used 11 different body measurements and a photograph.
•Bertillon is considered the "Father of the modern mug shot."
•Anthropometry was the primary identification system for approximately 20 years. Anthropometry is the earliest form of biometrics which has seen a resurgence in recent years
1887
Sir Arthur Conan Doyle (England) writes a crime novel about a fictional character named "Sherlock Holmes." The character is based on Eugene Vidocq. Doyle introduces the idea of logic and the scientific method (which he refers to as deduction) with regard to solving crimes to the reading public
1891
City Health Inspector Marie Owens is appointed to the Chicago Police Department as a police officer assigned to the Detective Bureau, becoming the nation's earliest-known female sworn law enforcement officer
1892
•Sir Francis Galton (England) demonstrates the viability of fingerprinting as a "personal identification system" and develops a fingerprint classification system utilizing loop, whorl, and arch fingerprint pattens.
•Galton generally considered the "father of fingerprint identification"
1893
•Hans Gross (Austria) coined the terms “criminal investigation" and "criminalistics."
•Gross was the first to publish a book touting the use of the scientific method with regard to solving crimes
1895
Future President Theodore Roosevelt begins his three-year term of Police Commissioner in New York City
1901
Karl Landsteiner (Austria) developed a method to classify liquid blood into A, B, AB, and O groupings
1902
U.S. Secret Service begins providing residential protection after the assassination of President William McKinley
1903
Boston Police Department is the first agency to use a police cruiser (car) on patrol. It was driven by a chauffer and a police officer would sit in a raised seat so that he could see over fences
1908
Bureau of Investigation (later called the Federal Bureau of Investigation (FBI) established
1910
Edmond Locard (France) established the 1st crime laboratory in the world in Lyons, France
•Locard also established the very first school of criminalistics/forensic science at the University of Lyons in Lyons, France
•considered the “father of forensic science”
•famous for developing Locard’s Exchange Principle (when 2 objects come into contact there is an exchange of matter)
→ Locard proved his principle by solving a counterfeit coin crime
1910
Albert Osborn (American) authored the book "Questioned Documents", which was the first authoritative study on handwriting analysis, authenticating documents, and presenting documents as evidence
1914
Berkeley, California Police Department becomes the country's first agency to have all patrol officers using automobiles
1915
Leone Lattes (Italy) developed a method to classify dried blood into A, B, AB, and O groupings
1916
Anna Hart, a jail matron for the Hamilton County, Ohio Sheriff's Office becomes the first female law enforcement officer killed in the line of duty
1920
Prohibition
1921
•Modern polygraph invented
1923
August Vollmer (United States) established the first crime laboratory in the United States in Los Angeles, California (LAPD). Vollmer also established the first school of criminalistics/forensic science at the University of California at Berkely
1925
Calvin Goddard (United States) aided Philip Gravelle in the development of the comparison microscope. Goddard was considered a ballistics (firearms identification) expert
1927
•Calvin Goddard established a private crime laboratory called the Bureau of Forensic Ballistics
•Bureau of Prohibition established to combat bootlegging
1929
Federal Prohibition Agent Eliot Ness begins his legendary law enforcement career and is picked to lead a group of agents nicknamed "The Untouchables" (going after Al Capone)
1930
Bureau of Narcotics established to combat drug (narcotic) crime
1932
•J. Edgar Hoover, Director of the Bureau of Investigation/FBI, introduces scientific method to criminal investigation by establishing the FBI's first forensic science crime laboratory
•John Dillinger and his gang begin a two year killing spree in which they murdered ten law enforcement officers
1933
End of Prohibition
1936
Bureau of Investigation's name formally changed to the FBI
1940's and 1950's
Paul Kirk, a noted criminalist, developed several revolutionary innovations in the field of forensic science. Kirk coined the term "blood spatter analysis"
1940's
Walter McCrone (United States) proposed the usefulness of microscope technology in analyzing trace evidence in criminal investigations. McCrone was an expert in "morphological analysis," which is the study of the form, shape, and structure object
1966
Miranda vs. Arizona. Ernesto Miranda arrested and convicted of kidnapping and sexual battery. Clarified fifth amendment protection against self-incrimination. Miranda warning should be given prior to custodial interrogations
1967
National Crime Information Center (NCIC) created. NCIC is a computer clearinghouse of crime related information (criminal records, missing persons, stolen cars, stolen guns, etc...)
1970
Bureau of Prohibition renamed the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
1973
Bureau of Narcotics renamed the Drug Enforcement Agency (DEA)
1974
Some police officers begin wearing soft body armor to protect themselves against handgun assaults
1981
The FBI establishes the Forensic Science Research and Training Center in Quantico, Virginia
1985
Alec Jeffreys (England) cracked the genetic code of DNA (referred to as "DNA Fingerprinting, DNA Profiling, and DNA Typing")
1986/1987
First use of nuclear DNA fingerprinting in a court case. The investigation began in 1986 and the Suspect was convicted in 1987. The first use of DNA in a court case occurred in England, however that same year DNA was first used in a court case in the United States (Orlando, Florida)
1991
The National Law Enforcement Officers Memorial is dedicated in Washington, DC
1993
Four ATF agents are killed executing a search warrant at the Branch Davidian compound in Waco, Texas
1995
Timothy McVeigh explodes a truck bomb that destroys the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. 168 people are killed in the blast
1996
First use of Mitochondrial DNA fingerprinting in a U.S. court case in Tennessee
1998
Combined DNA Index System (CODIS) fully operational
1999
•Integrated Automated Fingerprint Identification System (IAFIS) fully operational
•National Integrated Ballistics Information Network (NIBIN) fully operational
2001
September 11th terrorist attack on United States
2002
Department of Homeland Security organized
2010
Berghuis vs. Thompkins. Clarified that a statement made without an unambiguous (clearly stated) invocation of their Miranda rights constitutes a waiver of their self-incrimination rights
NCIC (National Crime Information Center) (FBI)
•Clearinghouse of Criminal Investigation Information
•Records include Wanted and Missing Persons, Criminal Records, Convicted Sexual Offenders, Stolen Cars, Stolen Guns, Serialized Stolen Property
•Operational 1967
FCIC (Florida Crime Information Center) (FDLE)
•Records include Wanted and Missing Persons, Criminal Records, Convicted Sexual Offenders, Stolen Cars, Stolen Guns, Serialized Stolen Property, etc.
NGI (Next Generation Identification) (FBI)
•Biometric identification and criminal history database
•Operational 2011
IAFIS ("Integrated" Automated Fingerprint Identification System) (FBI)
•Fingerprint database (integrated into the NGI database)
•Operational 1999
AFIS (Automated Fingerprint Identification System (FDLE)
Fingerprints
CODIS (Combined DNA Index System) (FBI)
•DNA Databases (Forensic/Offender (Convicted)/Arrested (Felony/Misdemeanor)/Missing Persons/Relatives of Missing Persons/Unidentified Human Remains
•NDIS (National DNA Index System)
•SDIS (State DNA Index System)
•LDIS (Local DNA Index System)
•Operational 1998
NIBIN (National "Integrated" Ballistics Information Network) (ATF/FBI)
•ATF responsible for hardware and software, FBI responsible for communications network
•Firearms Identification information. Computerized Comparison Microscope
•Operational 1999
National Automotive Paint File (FBI)
•PDQ (Paint Data Query) (RCMP)
•Clearinghouse of automotive paint samples
•Make and Model of Vehicle
SICAR (Shoeprint Image Capture and Retrieval) (Private)
•TreadMark (Private)
•Solemate (Private)
•TreadMate (Private)
•Shoe and Tire Impressions
FISH (Forensic Information System for Handwriting) (Secret Service)
International Ink Library (Secret Service)
• Handwritten letters and ink
• pen ink, printer cartridge, 3D printing
Remember that the federal government's databases combine or "Integrate" the states' databases into one central database
5 types of Death
•Homicide
•Suicide
•Accidental
•Undetermined
•Natural (does not require an autopsy and is sent to the funeral home and has to be signed off)
2 types of Homicide
•Justifiable
•Murder
Cause of Death + Police Investigation =
Manner of Death
Livor Mortis
After death; the heart stops pumping/bleeding (blood becomes jello)
→ (or) a medical condition that occurs after death and results in the settling of blood in areas of the body closest to the ground
• the blood goes to the lowest levels, such as the buttocks and thighs
• it is a permanent condition
• also known as lividity, which is discoloration of the skin that begins immediately after death
Algor Mortis
• focuses on the body temperature (by an hour) as the circulation stops and continues until the dead body reaches the ambient temperature of its immediate surroundings
→ (or) a process that occurs after death in which the body temperature continually cools until it reaches the ambient or room temperature
• decrease body temperature
→ equalize (losing heat) if the ambient temperature of the crime scene area is between 70°F and 75°F
• a body fully cools to the ambient temperature in approximately 12 hours (if 98°F)
• however, it is rare if the body increases but only in extreme conditions such as the desert
Rigor Mortis
it starts in the body’s smallest muscles and finish in the largest joints
→ (or) a medical condition that occurs after death and results in the stiffening of muscle mass. The rigidity of the body begins within 24 hours of death and disappears within the 36 hours of death
• it is the stiffening of the body for a brief time period following death
• it will set in and can manipulate to the exact same crime scene which can be easily detected
• it is not permanent
Consensual Encounter
the citizen has the consent to interact/not interact with the police
• the individual has the right to:
→ refuse to answer questions
→ refuse to provide identification
→ leave the scene at any time
→ not feel coerced or restrained in any way
Reasonable Suspicion
brief detention or stop, before probable cause is established
• Detainment is needed on facts about the past, present, and future
→ a police officer has to find a reason to detain a citizen (based on lawful order)