Investigative Practices/Legal Issues (Chapters 2 & 3)

Case Screening

Decision to keep a case open based on solvability factors

Compstat

Introduced by NYPD in 1994 for strategy & timely case info

Special-Subject Investigations

Concentrate on sensitive areas such as organized crime, vice, and narcotics.

Geo-mapping

Utilized in big cities for dynamic crime trend analysis

Major Offender Unit

Recommended to focus on high-profile criminals

Crime Analysis

Informal practice turned critical for crime prevention

Crime Mapping

Utilized for accessing crime data easily in various formats

Search Warrants

Judicial orders allowing property search for evidence

Exception to Search Warrants

Search subject to arrest, Consent search, Plain view, Administrative Search, Terry Search

Custodial Arrest

When an officer takes an arrested person into custody.

Rules of Evidence

A set of regulations which act as guidelines for judges, attorneys, and law enforcement officers who may be involved in the trials of cases.

Chain of Custody

Tracing evidence possession from collection to trial

Corpus Delicti

“The body of the crime” or “The element of the crime.”

Reliable Evidence

Material, relevant, competent

Material evidence

By itself, or combined with other evidence, is directly related to the crime

Relevant evidence

Has to be relevant to the crime itself or related to other evidence

Probable Cause

Legal requirement for search or arrest based on evidence

Miranda Rights

Ensures confession voluntariness & protection from coercion

Proof Beyond a Reasonable Doubt

Not necessarily absolute

Preponderance of Evidence

Standard of proof in civil cases, requires 51% certainty

Clear & Convincing

Higher than 51% but not beyond reasonable doubt

Prima Facie

Evidence that is true until proven otherwise

Real Evidence

Physical items like firearms presented in court

Direct Evidence

Proof directly demonstrating a fact in question

Indirect Evidence

Implies responsibility for a crime without direct proof

Testimonial Evidence

Witness statements given at trial for examination

Documentary Evidence

Written or recorded evidence presented in court

Admission

Voluntary acknowledgment of certain facts

Confession

Verbal or written statement admitting guilt in a crime

Investigators

Cannot threaten, confine in small space excessively long, deprive food/sleep, trick, promise

Courts

Will consider age, education, mental capacity before accepting confession as a determination of guilt

Reasonable Suspicion

Legal justification for stopping a person without violation

Fourth Amendment

Protects against unreasonable searches & seizures

Fifth Amendment

Protects against self incrimination as compelled by the government.

Show-Up

Presents a single suspect to an eyewitness or victim of a crime at or near the crime scene.

Lineup

Identifying a suspected offender from a number of persons lined up along a wall.

Search & Seizure

Legal process for obtaining evidence with warrants

Electronic Surveillance

Monitoring methods respecting privacy laws

Patriot Act

Allowed law enforcement to use electronic surveillance on terrorism investigations.

Administrative Search

Searches related to impounded vehicles for inventory

Terry Search

Stop & frisk procedure based on reasonable suspicion

Competent Evidence

Legal and meaningful (confessions) & may prove matter in dispute

Trier of the Fact

Person in the courtroom legally responsible for listening to and examines all evidence presented and then making a determination.