Investigations I-Midterm

The three broad categories of Investigations

Criminal, civil, and internal

Criminal Investigation

Rules or laws (public) with respect to government (violation of a statute)

Civil Investigation

Rules or laws (private) with respect to relations between people and organizations. Usually conducted by a private agency

Internal Investigations

An investigation that is focused on the violation of a company's or organizations rules

Devise an investigative plan

The thing that an investigator is expected to do after the event

What an investigation must be

-It must be done in a structured way

-Abides by the legal rules

-Uses proper processes of evidence collection

-Must also be a process, documented, and able to be recalled by the investigator

Proactive Investigation

-The investigation is initiated by the investigator or agency

-Targeting a known suspect/group for intelligence or evidence gathering

Reactive Investigation

-Event has already occurred, and the investigator responds to the complaint

-Initiated from outside the investigative agency

Four beliefs or levels of certainty

0. No belief=Zero certainty

1. Mere suspicion=Weak certainty

2. Reasonable grounds=Strong certainty

3. Find committing=100% certainty

Tactical planning

Of or relating to small scale actions serving a larger purpose. It is also made or carried out with only a limited or immediate end in view

Strategical Planning

it is necessary or important in the initiation , conduct, or completion of a plan. It is also of great importance within an integrated whole or to a planned effect.

A fact

An observation that can be proven

An inference

A conclusion based upon reasoning (occurs entirely inside our head)

An opinion

An inference made from observed facts

Analytical Skills

The ability to collect and analyze information, problem-solve, and make decisions

Inductive Reasoning

A form of reasoning that uses observations and patterns (facts and evidence) to arrive at a conclusion

Deductive Reasoning

A type of reasoning that uses assumptions to arrive at a conclusion. We then look for supporting evidence or facts

Tunnel Vision

A single minded and overly narrow focus on a particular investigative or prosecutorial theory.

Locard’s Exchange Theory

“Every contact leaves a trace”. Essentially states whenever two things come into contact, such as a person walking into a room, there is always a type of exchange, such as leaving behind fingerprints or hair.

The personality of an investigator

-Critical Thinking

-Observation skills

-Integrity

-Curiosity

-Teamwork skills

-Leadership

-Open minded

-Teachable

-Having higher emotional intelligence (EQ)

-Discipline

-A certain level of confidence

The Eight entry level competencies

1. Passionate about following facts and discovering the truth

2. Detail oriented and observant of facts

3. Being a flexible thinker

4. Patient

5. Tenacious and persistent

6. Knowledgeable about tasks, process and procedures while respecting legal rules

7. Self aware of bias

8. Critical thinkers

Expert level competencies

1. Volume processing (rapid analysis of large info)

2. Leadership

3. Coordinating

4. Mentoring

Five benefits of good note taking

1. Ensures accountability

2. Reflects your efficiency and professionalism

3. Aids in report writing

4. Assists in an investigation

5. Aids in accurate testimony

The Four C’s of notetaking

1. Clear (make notes that are legible)

2. Complete (start, body, conclusion)

3. Concise (considered memory aids that refresh the officer’s mind)

4. Consistent (entries should show the same type of writing and format)

What not to write in your notes

-Personal opinions

-Personal biases

-Anything that would be open to scrutiny by the media or court.

Recommendations as a general guide to note taking

1. Create a big picture perspective: general to more specific

2. Record all dates, times, and descriptions of persons, places and vehicles

3. Record the identities of persons encountered and how the identity of each person was verified

4. Record statements made by witnesses and victims

5. Record any statements made verbatim by the suspect

Purpose of a notebook

Meant to assist an investigator in accurately and precisely explaining any event any time in the future without vagueness or ambiguity

Rules of writing notes

-Entries made chronologically as events unfold

-Written in ink

-Notes should be legibly written

-Never remove pages from notebook

-Should an error be made, draw a single line through the center of the error and initial

The two types of notes

1. Observations perceived by the investigators senses

2. Hearsay Evidence-What others tell you about the situation

Use of inappropriate language

-Avoid the use of slang and opinions in your notes

-Record all statements verbatim-use quotation marks

Use of notes in court

-Was the investigator the person who made the notes

-When did the investigator make the notes

-Do notes reflect the memory of the events at the time the investigator made the notes?

-Have there been any changes to the notes since they were made?

Getting Started with note taking

1. Complaint or call type and the date

2. Note the time that you were sent to the call and any information provided to you when you were sent to this call

3. Who sent you?

4. Note time of arrival

5. At the end of your notes, write your time of departure

6. Note significant observations upon arrival

7. Note relevant information (Who, what, when, where, how, and why)

Investigative tasks

Identifying physical evidence, gathering information, collecting and protecting evidence, and interviewing

Investigative thinking

The process of analyzing information and theorizing to identify suspects and develop investigative plans

Validating

means proving that the offence actually happened and that the report was not fabricated intentionally

The Investigative Process

Collection

Analysis

Theory development (is the theory valid?)

Validation

Suspect identification

Forming reasonable grounds

Arrest, search, and/or charge

Investigative response priority results level 1

Protecting the life and safety of people including police officers attending the scenes of crime

Investigative response priority results level 2

-Gather evidence

-Establish reasonable grounds to arrest and identify suspects

-Accurate documenting

-Protection of property

Tactical Response

Engaging the front line or first response to events in progress

Strategic Response

The response necessary for an inactive event

Active event

An event in progress, limited info with crucial decision making

Inactive event

The event is under control, suspect is arrested or absent, and there are no longer threats to the life or safety of the public

Offence Recognition

Considering the possible crime that is being committed. It activates your thinking to look for evidence that supports the elements of the recognized offence.

Response Transition Matrix

A tool used to consider the transition from a tactical investigative response to a strategic investigative response

First officer uniform response

Injuries (prevention/treatment)

Interviews (witnesses, frontline interrogation)

Communications with team (communicate with investigative team ASAP using radio or other methods)

Crime Scene Protection (minimize contamination, identify boundaries)

Basic Investigative Sequence

A theory development model that can be applied to any investigation to form a list of “possible” suspects to explore and help solve the crime

Beam of Suspicions

1. Validate

2. Relatives (smallest suspect group size)

3. Acquaintances

4. Familiarity through planning

5. Strangers (largest suspect group size)

The three elements of suspicion

1. Bad character

2. Motive

3. Opportunity

Relative

Immediate Family

Acquaintance

Non relative who has prior Familiarity

BEST network

Business, Education, Social, Temporary

Stranger

Absolutely no Familiarity through the victim / premises

The 3 big investigative errors

1. Failing to identify and collect all available evidence & information

2. Failing to analyze evidence and information

3. Too quickly focused on one suspect or theory and ignoring evidence of other viable suspect(s) or theories that should be considered

Four tasks of strategic response

1. Witness management

2. Crime scene management

3. Documenting the event

4. Evidence collection

The investigative process funnel

Information analysis to determine possibilities—> Probabilities for theory development and investigative plans —>Discovery of probable facts

The STAIR tool

Situation-Where were you? When were you there? What were you doing?

Task-What duties did you actually have?

Action-What actions did you or others take?

Investigation

Result-What was the end result of the whole scenario?

Purpose of crime scene photography

to visually capture, depict, and preserve evidence and facts in photographic images

Long range/overall photographs

Depict the general conditions and layout of the scene

Medium/Mid-range

Determine where in the scene a particular item or exhibit is located in relation to something else (establishes evidence location)

Close range/close up

Close up photos of specific or particular evidence

Advantages of photographs

1. Can be taken immediately

2. Portray the crime scene at the time of the investigation

3. Accurately represent evidence

4. Increase attention to testimony

5. Crime scene reconstruction

6. Training and education

Disadvantages of photographs

1. Not selective

2. May not depict actual distances

3. May be distorted

4. They might be disturbing or not pleasant to view

5. May prejudice jurors against the accused

6. Mechanical errors or processing may damage image

Proper progression for investigative photos

1. Grey card or identifier (Includes date, location, agency, case info, who took it)

2. Location identifier

3. Overall views with “wide-angle'“ lens of unaltered scene from “four corners” overlapping

4. “Medium range” 3-6m, without evidence markers

5. Medium range again, but with evidence markers

6. Close-up views of evidence, showing details and specific items of interest. (without marker or scale)

7. Final close-ups with scale or marker for size reference.

8. Wide angle/overall with evidence markers

Photographing footwear, tool mark impressions, or fingerprints

Ensure it is taken at a 90 degree angle, and also use a measurement scale

Photographing Injuries

1. One overview (head to toe)

2. Mid range to show location of the injury

3. Close-up with scale for reference

4. Close-up without a scale

Aperture

The opening in the camera lens that controls the amount of light admitted into the camera

Shutter

Regulates how long (time) the light is allowed to enter the camera)

Exposure

Combination of the aperture and shutter

Depth of field

Refers to that area in the photograph in which images are acceptably in focus