Criminal Investigations (4330-D01) Defintions

Terms and Concepts from start of course

affidavit

a formal sworn statement of fact, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the affiant’s signature) by a taker of oaths, such as a notary public. The affidavit is presented to obtain an arrest or search warrant

arrest

the physical taking of a person into custody on the ground that there is probable cause to believe that he or she has committed a criminal offense

arrest warrant

a document issued by a judicial officer (judge) which directs a law enforcement officer to arrest an identified person who has been accused of a specific offense

beyond a reasonable doubt (standard of proof)

the standard required by the prosecution in a criminal case and is the highest level of burden or persuasion. this means that the proposition being presented by the government must be proven to the extent that there is no “reasonable doubt” in the mind of a reasonable person that the defendant is guilty. There can still be a doubt, but only to the extent that it would not affect a “reasonable person’s” belief that the defendant is guilty

clear and convincing evidence (standard of proof)

the burden of persuasion sometimes employed in the U.S. civil procedure. to prove something by “clear and convincing evidence”, the party with the burden of proof must convince the trier of fact that is substantially more likely than not that the thing is in fact true. this is a lesser requirement than “proof evidence”, which merely requires that the matter asserted seem more likely true than not

cross examination

the interrogation of a witness called by one’s opponent. it is preceded by the direct examination

detention

the legally authorized confinement of a person subject to criminal or juvenile court proceedings, until the point of commitment to a correctional facility or until release. the term is often used to refer to temporary legal confinement allowing the officer to investigate the surrounding circumstances at the scene of a crime

direct examination

the questioning of a witness by the party who called him or her, in a trial or in a court proceeding

exclusionary rule

excludes evidence from trial if the evidence is illegally seized

fruit of poisonous (or poisoned) tree doctrine

a legal principle which excludes from introduction at trial any evidence eventually found or developed as a result or an original illegal search or seizure

interrogation

in criminal investigations, this is questioning of a suspect

interviewing

in criminal investigations, this is questioning of those not suspected of violating the law

preponderance of evidence (standard of proof)

the weight of the evidence required in a civil (non-criminal) lawsuit for the trier of fact (jury, or judge without a jury) to decide in favor of one side or the other. the preponderance is based on probable truth. preponderance of the evidence is required in a civil case and is contrasted with “beyond a reasonable doubt”, which is the more severe test of evidence required to convict in a criminal trial

probable cause

in the case of a search and seizure of evidence, probable cause is a set of facts and circumstances that would lead a reasonable person to believe that a crime has been committed and that evidence exists of the crime at a particular location (now). in the case of an arrest, probable cause is a set of facts and circumstances that would lead a reasonable person to believe that a particular person has committed a specific crime. this is a lesser requirement that “preponderance of the evidence” standard of proof, which merely requires that the matter asserted seem more likely true than not

reasonable suspicion

a legal standard in that a person has been, is, or is about to be engaged in criminal activity based on specific and articulable facts and inferences. it is the basis for an investigatory or Terry stop by the police and requires less evidence than probable cause, the legal requirement for arrests and warrants. such suspicion is more than a mere hunch

search warrant

a document issued by a judicial officer (judge) which directs a law enforcement officer to conduct a search at a specific location, for specified property or person relating to a crime/s, to seize the property or persons if found

standards of proof

the various levels of proof required for different legal processes. the levels progress in order of increasing burden as follows: reasonable suspicion required for a stop-and-frisk; probable cause required for searches and arrests; preponderance of evidence required in civil trials; clear and convincing evidence required in some civil hearings such as in child custody disputes; beyond a reasonable doubt required in criminal trials