Criminal Investigations Quiz 1

parts of a criminal investigation

- process of collecting

- crime-related information

- goals

the collection process

- searching for and interviewing victims and witnesses

- reading and writing reports

criminal evidence

- fingerprints

- DNA-blood and other bodily fluids

- digital evidence

- physical evidence

- written documents

proactive v. reactive

proactive: preventing or trying to find

reactive: after a crime has occurred

role and responsibility of a criminal investigator/detective

- determining if a crime actually occurred

- figuring out who committed the crime

- securing evidence to obtain a conviction

- arresting the offender

- the truth

information theory

a criminal investigation as a battle refers to the belief the offender is the source of all evidence

perspective on the criminal investigation process

criminal investigation process can be thought of as a:

- battle

- puzzle

- game

- maze

mental mistakes in criminal investigations

- probability error

- tunnel vision

- confirmation bias

- immovable mindset

- overconfidence bias

- groupthink

goal of the criminal justice system

- to reduce crime through deterrence and incapacitation

deterrence theory

three tenets:

- certainty

- severity

- celerity

foundations of modern day policing/detectives

rooted in the English common law practices

thief-takers and thief-makers

thief-takers: citizens that were hired by victims to recover stolen property and/or apprehend the offender

thief-maker: tricked another person into committing a crime and then turned out that person in for a parliamentary reward

political era policing and technological advances

- political era lasted from the 1800s through early 1900s

- controlled by politicians and highly corrupt

- technological advances included fingerprints, DNA, Firearms Ballistics, video surveillance, and facial recognition

professional/reform era policing

- separation of police from political influence and officers were referred to as experts with a focus on crime control and the apprehension of offenders

- increases in technology

- detectives were more highly trained

- FBI observed growth and were responsible for domestic security investigations

judicial and extrajudicial evidence

judicial: evidence that is admissible in court and meet the rules of evidence

extrajudicial: evidence that is NOT admissible in court but can still be used to aid an investigation (ex. polygraph)

admissibility of evidence

things have to be correct for evidence to be admissible

culpable mental state

- intentionally

- knowingly

- recklessly

- criminal negligence

standards of proof

- reasonable suspicion

- probable cause

- beyond a reasonable doubt

- preponderance of the evidence

stop and frisk

plain feel, without manipulation, of a person of object to determine if it contains weapons or illegal materials

direct v. indirect evidence

direct: crime-related information that immediately demonstrates the existence of a fact in question

indirect: crime-related information in which inferences and probabilities are needed to draw an associated conclusion

circumstantial evidence

- physical ability

- alibi

- MO (Modus Operandi)

- motive

- possession of evidence

- prior behaviors

- character witnesses

testimonial evidence

when a witness or offender speaks at a trial under oath

types of evidence

- hearsay

- real

- demonstrative

- documentary

- corpus delicti

- corroborative

- cumulative

- associative

- identification

- behavioral

functions of evidence

evidence is used to establish proof

requirements for the issuance of a warrant

lists the specific person, place, or vehicle to be searched and he types of items to be seized by the law enforcement authority

arrest v. detention

arrest: occurs when the police take a person into custody for the purposes of criminal prosecution and interrogation

detention: brief investigative stop

parts of a warrant

- search warrant

- affidavit

- search warrant return

the rules and admissibility of evidence

- relevant

- material

- component

requirements of a search warrant

- MUST be based on probable and information collected

- facts must be truthful

- probable cause cannot be based on dated info

- must be determined by a neutral and detached magistrate

- served immediately

- identifies what is to be seized and searched

search and seizure requirements

you must have reasonable suspicion or probable cause based on what is to be searched

katz v. united states

searches are restricted to wherever individuals have a reasonable expectation of privacy

vehicle exception

- probable cause search

- inventory

- furtive movement

expectation of privacy and where it applies

biggest expectation of privacy is expected at home and for oneself

exclusionary rule

evidence seized during an unreasonable search is not admissible in court

miranda v. arizona

- the person in custody must, prior to interrogation, be clearly informed they have the right to remain silent, and that anything they say will be used against them in court. they must be clearly informed that they have the right to consult with a lawyer and to have the lawyer with them during an interrogation, and that, if they are indigent, a lawyer will be appointed to represent them.