Criminal Investigations Test 2- Brooks

How does a follow up investigation begin?

When an incident report is referred to the investigation division, it is screened to determine whether a follow up investigation is warranted

Who initiates the follow up investigation?

judgement or presence or absence of certain factors in the incident report

What are the criteria for the justification of a follow up investigation?

o Is the suspect named
o Can the suspect be identified?
o Is there a detailed description of the suspect?
o What physical evidence if any was recovered?

Is the Neighborhood Canvas part of the follow up investigation?

no

Why do we do neighborhood canvas's

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

what do you ask and need to know in a neighborhood canvas

- All information relating to the offense
- A full description of the suspect
- Any injury sustained by the suspect
- The type of property taken

Can someone's vehicle be subject to seizure depending upon the crime?

yes

what is a supplemental report

document changes in the original Incident Report URN and/or record additional information pertinent to the Incident Report.

what are the two types of photo lineups

traditional and sequential

are lineups critical to solving the case in and by themselves?

no

traditional lineups

lineups put pressure on people to make a decision to Pick a suspect

sequential lineups

6 photographs are shown one at a time and can be viewed more than once

procedure with suspects and fillers

- Include only one suspect in each identification procedure
- 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
- If there are multiple witnesses, consider placing the suspect in different positions each time a lineup is shown
- If a new suspect is developed, avoid using fillers which have been used in a previous lineup for the same witness
- Make sure that no writing or information about the suspects previous history can be seen by the witness
- Make sure that no writing or information about the suspects previous criminal history can be seen by the witness
- Before the witness views the lineup, check again to make sure the suspect doesn't unduly standout
- Record the presentation order or the lineup and handle the original photographs as evidence

What is a polygraph and voice stress analysis

examinations are used to:
o Verify, corroborate, or refute statements made by victims, witnesses, and suspects
o Obtain additional investigative leads
o Narrow or focus the investigation
o Eliminate suspects

Using Polygraphs in investigations

- It does not substitute for a proper investigation
- It is not admissible in a court of law
- Only certified, well trained polygraph examiners should be used

Using voice Stress Analysis in investigations

its the same type of investigative tool as polygraph and not admissible in court

What are solvability factors?

- Witnesses to the crime
- Knowledge of the suspect's name
- Knowledge of where the suspect can be located
- Description of suspect
- Identification of suspect
- 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

Similarities between interviews and interrogations

- Interviews:
o Planning important
o Controlling surroundings important
o Privacy or semi privacy desirable
o Establishing rapport important
o Careful listening
o Proper documentation
- Interrogations:
o Planning critical
o Controlling surroundings critical
o Absolute privacy essential
o Establishing rapport important
o Careful listening
o Proper documentation

Differences between interviews and interrogations

- Biggest difference is you don't have to mirandize someone if you conduct an interview, but you have to (vocally and documentation) for interrogation
- Interviews:
o Purpose is to obtain information
o Minimal or no pre interview legal requirements, no rights warning
o Cooperative relationship between interviewer and subject likely
o No guilt or guilt uncertain
o Moderate planning or preparation
o Private or semiprivate environment desirable
- Interrogations:
o Purpose to test information already obtained
o Extensive pre-interrogation legal requirements: Miranda rights warning required
o Guilt suggested or likely
o Extensive planning preparation
o Absolute privacy needed
o Adversarial or hostile relationship between interviewer and subject likely

Four objectives of the interrogation process

o Obtaining Facts
o Eliminating the innocent
o Identifying the guilty
o Obtaining a confession

why do we interview witnesses seperately

If witnesses are allowed to speak to each other they will likely change and merge their statements

what are the steps in the interview process

- interview consists of beginning middle and end
- beginning should be a time:
o when the investigator can identify himself or herself
o when the investigator can discuss the purpose for the interview
o when the investigator establishes rapport
- middle:
o the investigator gathers info
- end:
o thanks, the witness for his/her cooperation

Challenges in relying on eyewitness identification

- The significance or insignificance of the event to the witness
- The length of the period of observation by the witness
- The lack of ideal conditions for the witnesses
- The physical condition of the witness
- The expectancy of the witness

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

o "I wish to invoke my 5th amendment right"
o My council has advised me to not to answer the question therefore invoking my 5th amendment

the beginning of the interrogation process

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

physical signs of deception

- dryness of mouth- frequent requests for water
- Restlessness:
o Frequent changes in position, tapping of foot, fidgeting, gripping arms of chair, elbows held tight to 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 assertations of truthfulness
- Evasive or vague answers

Miranda Rights

the right to remain silent and to have an attorney present during questioning

what must a 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

what is a valuable tool when conducting interviews or interrogations

listening

What makes an effective interviewer/interrogator?

To be an effective interviewer, one must be an active listener

What is forensic science?

- the part of science applied to answering legal questions it includes:
o The examination
o The evaluation
o The explanation of physical evidence in law
o From this, crime scenes can be reconstructed

what is a morgue

Its not just the place where the bodies are stored but is critical to determine the cause and manner of death

Who is the best person to conduct an autopsy

a forensic pathologist

What is the effectiveness of crime laboratories

- The effectiveness of crime labs and the services performed are measured by:
o Quality of work performed
o Proximity or location of the lab
o Timeliness- how quick results are available

DNA

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

2 types of DNA analysis

Nuclear DNA and Mitochondrial DNA

Nuclear DNA

found in cells with a nucleus, and pictorially the DNA molecule resembles a twisted ladder or double helix

Mitochondrial DNA

- is found in the cytoplasm of most cells and not in the nucleus
- Only inherited by the mother or maternally
- Not as conclusive as Nuclear DNA since you only have ½ of the equation

How to collect DNA evidence

Sterile q-tips and distilled water

DNA technologies for copying DNA for testing

Polymerase Chain Reaction (PCR) and Short Tandem Repeats (STR's)

Polymerase Chain Reaction (PCR)

takes small DNA samples and reproduces a bunch of copes for analysis

Short Tandem Repeats (STR's)

smaller pieces of the DNA ladder that can be reproduced using PCR

CODIS

- combined DNA Index System
- used in the national, state, and local index system networks to link typing results from unresolved crimes with cases in multiple jurisdictions

What do the numbers in CODIS mean

As of December 2017, CODIS has produced over 403,186 hits assisting in more than 387,385 investigations

What are some of the problems in crime labs

- Lack of training
- Lack of accreditation
- DNA contamination
- Backlog of cases
- Sentencing mistakes and poor training

crime scene reconstruction

based on the results of crime scene examination, laboratory analysis and other independent sources of info to reconstruct case events

Types of crime scene reconstruction

Accident/transportation-oriented reconstruction
- Specific crime reconstruction
- Shooting reconstruction and blood spatter
- Bloodstain pattern evidence reconstruction
- Firearm evidence reconstruction

Specific crime reconstruction

o homicides, rapes, arson, etc. or more specific such as blood spatter reconstruction

Shooting reconstruction and blood spatter

the collection of data such as measuring stains and conversely bullet defects.

Bloodstain pattern evidence reconstruction

- Where was the suspect, and victim at the time of the incident?
- What type of weapon was used?
- How many blows were delivered?
- How many assailants were at the crime scene?

Firearm evidence reconstruction

- What is the muzzle to target distance?
- Where are the expended shell casings?
- What is the location of the bullet holes, trajectories, and ricochets?
- Is there gunshot residue on the suspect hands
- Is there a contact wound to the victim or gunpowder tattooing and or stippling (burned and unburned powder in/or around the wound) to the wound?
- What are the patterns left by the powder residue?

Frye V. United States and Federal Rules of Evidence and Daubert

the 1923 federal court decision ruling that for a scientific technique to be admissible in evidence, it must be sufficiently established to have gained general acceptance in its particular field

Federal Rules of Evidence

adopted a half a century after Frye which provide that if scientific, technical, and other specialized knowledge will the trier of the fact understand the evidence or determine a fact in issue, such evidence is admissible

Daubert v. Merrell Dow Pharmaceuticals Inc.

The 1993 U.S Supreme court decision holding that Frye test was no longer valid in federal courts; a trial court must determine whether the testimony of an expert is based on a scientifically valid methodology and can properly be applied to the facts of the case.

homicide

the killing of one person by another

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

Manslaughter

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

Four classifications/models of homicide

- Criminal enterprise homicide
- Personal-cause homicide
- Sexual homicide
- Group-cause homicide

Criminal enterprise homicide:

entails murder committed for material gain

Personal Cause Homicide

motivated by a personal cause and ensues from interpersonal aggression

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

5 possible manners of death

natural, accidental, suicide, homicide, undetermined

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

algor mortis

the cooling of the body-rate of cooling is influence by the environmental temperature and protection of 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 (Livor mortis)

Pooling of blood to lowest point in body position

how does decomposition changes body color-bacteria

changes discoloration of body etc

incised wound

a cut that is longer than it is deep

stab wound

a penetrating, sharp, cutting injury that is deeper than it is wide

puncture wound

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

defensive wound

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

Petechial hemorrhages

- Minute (pin like) hemorrhages that occur at points beneath the skin. Usually observed in the conjunctiva (mucous membrane lining inner surface of the eyelids) occurs on the side where the most pressure is applied.
- Occurs when small vessels in the eye bleed due to an increase in blood pressure caused by compression of the neck either my manual strangulation or ligature strangulation. Can occur by other means but rare

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

reasons for suicide

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

Forensic Pathology

a sub-specialty of pathology and is the study of how and why people die

autopsy

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

Cadaveric Spasm

commonly referred to as a "death grip" typical in suicides where the victim uses a handgun.