Quiz 1 Criminal Investigation and procedure

Types of investigation

1. Reactive investigation

2. Proactive investigation

Reactive Investigation

discovery of a crime - 911 call- police response - preliminary investigation - follow up case screening and assigned to detective - case close - arrest - expectation - suspension

Types of Case Closures

1. arrest

2. cleared by exception

3. unfounded

Cleared by exception

cleared without arrest bc factors outside of the polices control prevents prosecution, death of suspect, victim refusing to cooperate, pros being denied by the district attorney

Unfounded

the investigation reveals that the reported crime did not actually happen, was legally baseless, or was a false report

Proactive investigation

Undercover/plainclothes investigations, sting operations, decoy operations, surveillance, stakeouts

Rodriguez V United States 2015

SCOTUS held that a secondary or prolonged detention during a traffic stop is only justified if officers have independent, reasonable suspicion of a separate crime, or if the initial purpose has not yet concluded

Four Theories on the criminal investigation process

1. Battle

2. Game

3. Puzzle

4. Maze

Criminal Investigation as a battle

the perspective that a criminal investigation is a battle between the police perpetrator over cime related information

Criminal Investigation as a Game

The police are reactive or defensive mode trying to cath the perpetrator but strategic actions offense, such as conducting well executed interrogations are critical as well

Criminal Investigation as a puzzle

Starts with scattered pieces, required finding hidden connections and demands a final picture that makes sense

Criminal Investigation as a maze

Maze starts with the crime scene and ends with the perpetrator, police must navigate wrong theories, winding paths, false alibis, new leads etc.

Tunnel Vision

a narrow focus on a specific person
or range of alternatives

Confirmation Bias

the tendency to pay the most attention to information that confirms what one
already believes to be true and ignore other
evidence and possibilities

Immovable Mindset

the difficulty in changing one’s theory about a crime and who committed it,
even in the face of mounting contradictory evidence

Overconfidence bias

the tendency of people to overestimate their abilities, knowledge, and talents

Groupthink

a phenomenon whereby people in a group tend to interpret ideas and theories similarly
and draw similar conclusions

Situational misunderstanding

occurs when investigators misinterpret the events and facts that
are presented to them

Kansas city preventive patrol experiment

October 1972- September 1973 no impact on crime, no change to public perception

Unnoticed changes

Judicial Evidence

Evidence that is admissible in court and that meets the rules of evidence

Extrajudicial evidence

Any information on which an investigation decision can be based, but it is inadmissible in court

ex) polygraph examination

Exculpatory evidence

Evidence that tends to exclude or eliminate someone from consideration as the perpetrator

Brady v. Maryland 1963

Prosecutors must provide defendants with all exculpatory evidence, in its possession, that might exonerate the defendant.

Giglio v. United states 1972

Prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial.

Incculpatory evidence

Evidence that tends to include or incriminate a person as the perpetrator

Types of evidence

1. direct

2. circumstantial

3. testimonial

4. tangible

5. demonstrative

6. documentary

Direct Evidence

Proof that establishes a fact right away without
needing any extra logical leaps or guessing.
• Eyewitness testimony – A person says they saw
the defendant commit the act.
• Video footage – A recording shows the event
happening in real time.
• Confessions – A defendant admits in court

Circumstantial evidence

Indirect proof that suggests a fact is true by letting a judge or jury draw a logical conclusion, rather than by showing it directly.

• Relies on reasoning and inference to connect a series of clues or surrounding details to a main event

Testimonial evidence

An oral or written statement given under oath by a witness in a court proceeding to prove or disprove a fact

Tangible evidence

Physical or concrete proof that can be touched, seen, or perceived by the senses.

Demonstrative evidence

A tangible visual or physical aid used in court to clarify, explain, or illustrate a witness's verbal testimony.

Documentary

Any recorded information or tangible item introduced in a legal proceeding to prove a fact

The functions of evidence

1. establish facts

2. support or defend claims

3. guiding legal standards

4. shaping case strategy

Corpus delicti evidence

Refers to evidence that established a crime occured

Corroborative evidence

Evidence that is supplementary to the evidence already available and that strengthens or confirms that available evidence

Cumulative evidence

Evidence that duplicates but does not necessarily strengthen already existing evidence.

Associative evidence

Evidence that can be used to make links among crimes, crime scenes, victims, suspects, and tools or instruments.

Identification Evidence

Evidence that leads to the identification of a person.
• Examples include fingerprints, DNA, and dental
evidence

Behavioral Evidence

Provides a basis on which to identify the type of person who might be responsible for a particular crime and considers directly the nature of the
crime and how it was committed.
• Behavioral evidence constitutes the basis on which a criminal profile may be built or on which linguistic analysis may be conducted.