CRIMINAL INVESTIGATIONS EXAM 2

How does a follow up investigation begin?

- Reading the offense report to become familiar with it
- View scene photographs
- Examine the physical evidence and review lab results as examinations are completed
- Have victims and witnesses study mug shots/ photo lineups and/or suspect drawings
- Disseminate information about the crime and suspects
- Communicate crime and suspect information to other agencies
- Determine MO (Method of Operation)-modus operandi
- Identify and interview known associated of the suspects
- Conduct interviews and interrogations
- Conduct neighborhood canvas
- Prepare affidavits and search warrants
- Identify, locate, and apprehend the suspect, if not in custody
- Recover stolen property
- Determine if the suspects automobile is subject to seizure under state laws depending on the crime classification
- File supplemental reports on the progress of the investigation. If you do anything on the case it should be documented
- Keep all records well organized
- Meet with prosecuting attorney and victims' ad

What is the criteria for the justification for a follow up investigation?

- Is the suspect named?
- Can the suspect be id'd?
- Is there a detailed description of the suspect?
- What physical evidence if any was recovered?

Is the neighborhood canvas apart of the follow up investigation?

yes

In regard to the neighborhood canvas, why do you do it, what do you ask, and what do you need to know if someone asks you a question?

- A fundamental aspect of most investigations is the neighborhood canvass
- Investigators contact residents, merchants, and others in the immediate vicinity of the crime to gather information that may help the case

Information needed before conducting a neighborhood canvass:
- All information relating to the offense
- A full description of the suspect
- Any injury sustained by the suspect
- The type of property taken
- Possession of these facts is essential for: officers' safety and for the intelligent questioning of possible witnesses

How do you know whether or not someone's vehicle is subject to seizure, and depending on what crime?

Determine if the suspects automobile is subject to seizure under state laws depending on the crime classification. commercial burglary, rape and kidnapping

Supplemental reports-- what are they and when should you do them?

chronologically describes what happened, after a crime has taken place

What are the two types of photo lineups? And are lineups critical to solving the case in and by themselves?

- Studies show traditional photo lineups puts pressure on people to make a decision to pick a suspect
- Sequential photo lineups- 6 photographs are shown one at a time and can be viewed more than once
- Regardless of which method is used a photographic lineup does not make or break a case

what is the procedure as suspects and fillers go in for photo lineups? -- how many fillers, how many suspects, do they have to look alike, etc. ?

- Selects "fillers" (non-suspects) who generally match the witness description of the perpetrator

- If multiple photos of the suspect are available, use the one made closest to the time when the crime was committed

- Lineups should include a minimum of five fillers

what is a polygraphy and a voice stress test?

- The polygraph is an investigative tool

- It does not substitute for a proper investigation

- It if not admissible in a court of law

- Voice Stress Analysis: same type of investigative tool as polygraph and no admissible in court

what are the two things about a polygraph and voice stress as long as investigations go—value, use, etc ?

- These examinations are used to: verify, corroborate, or refute statements made by victims, witnesses, and suspects obtain additional investigative leads narrow or focus the investigation eliminate suspects

Very subjective—Not a lie detector test!!

what are some of the solvability factors?

- Witnesses to the crime

- Knowledge of the suspect's name

- Knowledge of where the suspect can be located

- Description of suspects

- Identification of suspects

- Property with traceable, identifiable characteristics

- Existence of a significant method of operation

- Presence of significant physical evidence

- Description of the suspects vehicle

- Positive results from a crime scene evidence search

- Belief that crime may be solved with publicity and or reasonable additional investigative effort

- Possibility and or opportunity for anyone, other than the suspect, to have committed the crime

what are the similarities and differences between interviews and interrogations? what is the one thing that differentiates interviews and interrogations?

Interviews:
- Purpose is to obtain information
- Minimal or no pre-interview legal requirements; no rights warning
- Cooperative relationship between interviewer and subject likely
- No guilt or guilt uncertain
- Moderate planning and preparation
- Private or semiprivate environment desirable

Interrogations:
- Purpose to test information already obtained
- Extensive pre-interrogation legal requirements: Miranda rights warning required
- Adversarial or hostile relationship between interviewer and subject likely
- Guilt suggested or likely
- Extensive planning preparation
- Absolute privacy essential

what are the four objectives of the interrogation process?

1. Obtaining facts 

2. Eliminating the innocent 

3. Identifying the guilty 

4. Obtaining confession 

Why do we interview witness separately? Where is the best place to do an interview for a bank robbery or convenience store robbery?

- Police interview witnesses separately-- if witnesses are allowed to speak to each other they will likely change and merge their statements

At the scene right after it has happened

what are the steps in the interview process?

- Beginning should be a time: when the investigator can identify himself or herself, when the investigator can discuss the purpose for the interview, when the investigator establishes rapport

- Middle: the investigator gathers information

- End: Thank the witness for his/her cooperation (even if they are a suspect)

what are the factors for relying on eyewitness id?

- Research indicates this form of ID is often unreliable

- Human perception and memory are selective do not make exact copies

What is the best way to stop an interrogation by the police?

Exercise your 5th/6th ammendment right to an attorney and to avoid self incrimination

When talking about the interrogation process, what are the steps?

- Beginning the interrogation
- Composing and asking questions
- Recognizing and coping with deception
- Verbal signals and non-verbal signals (body language)
- Statement analysis

what are verbal and nonverbal signals?

nonverbal signs= body language

what are the physical signs of deception and what do they mean?

- Dryness of mouth (frequent requests for water)

- Restlessness (frequent changes in position, tapping of foot, fidgeting, gripping arms of chair, elbows held tight of body, running hands through hair, chewing fingernails, pencils, or other objects)

- Excessive sweating

- Unusually pallid or ruddy complexion

- Pulsation of the carotid artery

- Excessive swallowing

- Avoiding direct gaze of the interrogator's eyes

- Excessive assertions of truthfulness

- Evasive or vague answers

what are your Miranda rights?

- Miranda V. Arizona was the critical decision underscoring rights for suspects being interrogated

- Fifth amendment protection against self-incrimination

- "I wish to invoke my 5th amendment right"

- Or My council has advised me to not answer the question therefore invoking my 5th amendment

- Sixth amendment guarantee of right to counsel

- Regardless of economic status

what is a rights waiver form?

- Police departments use these forms to document:

- Rights have been given to the suspects

- Suspects acknowledge they understand the rights

- Suspects signs waiver of their rights

What must an interrogator evaluate?

- Mental capacity
- Intelligence
- Emotional stability
- Cultural and ethnic background
- Body language

how do you conduct a successful interview or interrogation?

- Investigators can conduct a successful interview only if they are good listeners

- Logical approach
- Emotional approach
- Sympathetic approach
- Indirect approach
Playing one suspect against another suspect

what is a valuable tool when conducting an interview or an interrogation?

listening

What makes an effective interviewer or interrogator?

one must be an active listener

what is a crime lab?

- The examination
- The evaluation
- The explanation of physical evidence in law
- From this, crime scenes can be reconstructed

what is a morgue?

Morgue/ medical examiners officer is not just the place where the bodies are stored but is critical to determine the cause and manner of death.

what is forensic science?

Forensic science is that part of science applied to answering legal questions

who is the best person to conduct an autopsy?

Experienced forensic pathologists conduct autopsies, analyze bodily fluids, tissues and organs to produce information useful in a criminal investigation, when cause of death is questionable/suspicious or is caused by something other than a known disease.

what is the effectiveness of crime labs?

- It is not unusual to find situations in which investigators not acquainted with the services of the crime laboratory expect too much from scientific analysis

- The analysis of evidence can be no better than the samples submitted

- The investigator therefore has a vital role to play in the success of laboratory examinations

- You have to know what is possible and what is not therefore it is vital you understand your laboratory

what is the definition of DNA?

- chemical blueprint which determines everything from our hair color to our disease vulnerabilities; apart from identical twins, each person has a unique DNA makeup

what are the two DNA technologies for copying DNA to test?

- Polymerase Chain Reaction (PCR): takes small DNA samples and reproduces many copies for analysis

- Short Tandem Repeats (STR's): are smaller pieces of the DNA ladder that can be reproduced using PCR

what is codis and what do the numbers mean?

- CODIS is used in the national, state, and local index system networks to link typing results from unresolved crimes with cases in multiple jurisdictions

- CODIS can also be used to link persons convicted of offenses specified in the data-banking laws passed by the jurisdiction

what are some problems in crime labs?

Lack of training

Lack of accreditation

DNA Contamination

Backlog of cases

Sentencing mistakes and poor training

what is crime scene reconstruction and what is used to reconstruct a crime scene?

Crime Scene reconstruction combines the evidentiary value associated with the collection and preservation of evidence at the scene with laboratory examination and analysis of the evidence, as well as investigatory statements and principles that help test theories as to how the incident occurred.

accident/transportation oriented reconstruction

Specific crime reconstruction- homicides, rapes, arson etc. or more specific such as blood spatter reconstruction

Shooting reconstruction and blood spatter are very closely related in the manner of the collection of data such as measuring stains and conversely bullet defects

what role does firearms powder play in an investigation?

Is there gunshot residue on the suspect's hands?

Is there a contact wound to the victim or gunpowder tattooing and or stippling to the wound?
Stippling- burned and unburned powder

What are the patterns left by the powder residue?(for example found on clothing)

what is the definition of a homicide?

Is defined as the killing of a human being by another human being

what is a justified homicide?

The necessary killing of another person in the performance of a legal duty or the exercise of a legal right when the slayer was not at fault

what is the definition of manslaughter and murder?

Man slaughter: A criminal homicide committed under circumstances not severe enough to constitute murder, but cannot be classified as justifiable homicide

Murder:
The killing of any human being by another with malice aforethought.
Intent can be formed in an instant.

what are the four classification models of homicides?

Criminal enterprise homicide: entails murder committed for material gain

Personal cause homicide: is motivated by a personal cause and ensues from interpersonal aggression (this is what cases of rage or anger are)

Sexual Homicide: A sexual element (activity) is the basis for the sequence of acts leading to death

Group-cause Homicide: Two or more people with a common ideology sanction as act, committed by one or more of the group's members, that results in death

answer is NA for this one

NA

who can pronounce or confirm death?

ONLY the coroner can pronounce death or a physician when a person dies at the hospital

what is the chain of custody?

- Courts require proof that evidence collected, and the evidence submitted to the court are one in the same.

- The chain shows who had contact with the evidence, at what time, and under what circumstances, and what, if any changes were made to the evidence

what is algor mortis, rigor mortis, and lividity?

- Body Temp or Algor Mortis: the cooling of the body-rate of cooling is influenced by the environmental temperature and protection of the body. HEAT EXELARATES THE BODY, COLD SLOWS OR RETARDS THE BODY

- Rigor Mortis: chemical process that begins at time of death and sets in 10-15 hours and becomes relaxed in 36-72 hours—however, there are variables

- Lividity or livor mortis: pooling of blood to lowest point in body position

how does decomp change the body?

- changes the color of the body because of bacteria

what is an incise wound and what is a stab wound?

both caused by knives or other sharp objects.

The size and depth of the cut are what distinguish a stab wound from an incised wound. An incised wound is a shallow cut made by a sharp, flat edged object, such as a razor blade.

as opposed to a stab wound, which is typically a deep penetration made by a sharp, pointed object, such as a knife.

what is the difference between a puncture wound and a laceration?

- Puncture wounds: caused by ice picks, screwdrivers, etc.

- Lacerations: usually are jagged wounds that bleed freely, these wounds are caused by clubs, tire irons, pipes, pistols, or other blunt objects

what is a defensive wound?

suffered by victims attempting to protect themselves from an assault, often by a knife or club

what is petechial hemorrhaging and why do we look for it?

- Minute (pin like) hemorrhages that occur at the points beneath the skin. Usually observed in the conjunctiva (mucus membrane lining inner surface of the eyelids) Occurs on the side where the most pressure is applied (Only occurs when struggling)

- Occurs when small vessels in the eye bleed due to an increase in blood pressure caused by compression of the neck either by manual strangulation or ligature strangulation. Can occur by other means but rare.

what is the difference between ligature and manual strangulation?

- Ligature strangulation- the pressure on the neck is applied by a constricting band that is tightened by a force other than the body

- Manual strangulation- pressure of the hand, forearm, or other limb against the neck, compressing the internal structures of the neck. Very personal and hard to do due to the body's reaction to revive itself

what are some of the reasons for suicide?

- Mental health
- Financial difficulties
- Severe marital strife
- Recent emotionally damaging experience
- Perceived humiliation
- Actual humiliation
- Remorse over loss of loved ones
- Revenge

what does forensic pathology mean?

- a subspecialty of pathology and is the study of how and why people die.

what is an autopsy?

the medical examination of the body to determine the time and causes of death and is required in all cases of violent or suspicious death

what are cadaveric spasms?

commonly referred to as a "death grip"- typical in suicides where the victim uses a handgun. Not rigor mortis, happens immediately after death.

what is done at every death investigation to show possible violence or non-violence?

We always photograph the hands and eyes to document petechial hemorrhaging and defensive wounds- or lack thereof

What is the frye test

that a scientific technique must be well established and gained general acceptance in its field to be used in a court room

What the Daubert Test

there must be a scientific valid methodology that is consistent across the discipline

what is the difference between cause of death and manner of death

The cause of death determines the event that lead to the death (liver cancer, gun shot, strangulation). Where manner of death describes the way in which a person died. (accident, natural, suicide, homicide, undetermined) COD helps to determine the manner of death