Study Notes for Criminal Investigation: An Overview

Criminal Investigation: An Overview

Introduction

  • An observant police officer can initiate an important criminal investigation.
  • Criminal investigation combines both art and science.
    • Requires extraordinary preparation and training.
  • In a high-tech society, citizens expect results more quickly.
    • Investigators need to enhance their technology and teamwork skills.

Historical Significance

  • Bow Street Runners: Early police force established in London.
  • Vidocq Society: Founded by Eugène François Vidocq; focuses on cold cases and serves as a resource for law enforcement.
  • Scotland Yard: The headquarters of the Metropolitan Police Service in London, known for its investigative capabilities.
  • Pinkerton National Detective Agency: One of the first and most famous private detective agencies in the U.S., known for employing advanced investigative techniques.
  • Major advances in criminal investigation have been seen from these historical entities.

Key Definitions

  • Investigate: Derived from Latin vestigare, meaning to track or trace.
  • Criminal investigation: The process of discovering, collecting, preparing, identifying, and presenting evidence in a legal context.
  • Deductive reasoning: A logical process where the conclusion follows from specific facts or premises.

Specific Terms

  • Criminalist: A professional who applies scientific principles and techniques to analyze physical evidence.
  • Forensic science: The application of scientific methods and principles to matters of criminal justice.
  • Crime: An act or the commission of an act that is forbidden or punishable by law.
  • Felony: A serious crime, typically carrying a punishment of imprisonment for more than one year or by death.
  • Misdemeanor: A minor crime, typically punishable by less than one year of imprisonment.
  • Criminal statute: A formal law set forth by a government that defines certain actions as crimes.
  • Ordinance: A legislative decree or regulation enacted by a city or town.
  • Elements of the crime: The essential components that must be proven in a court of law for a conviction

Successful Investigations

  • Primary goals of criminal investigations include:
    • Determine whether a crime has been committed.
    • Legally obtain information and evidence to identify the responsible person.
    • Arrest the suspect.
    • Recover stolen property.
    • Present the best possible case to the prosecutor.

Investigator Functions

  • Basic investigative functions encompass:
    • Provide emergency assistance.
    • Secure the crime scene to prevent further contamination.
    • Photograph, videotape, and sketch the scene.
    • Take notes and compile reports.
    • Search for, obtain, and process physical evidence.
    • Obtain information from witnesses and suspects.
    • Conduct photographic and in-person lineups to identify suspects.
    • Conduct raids, surveillances, stakeouts, and undercover assignments.
    • Testify in court as necessary.

Specific Character Traits of an Effective Investigator

  • Intellectual Characteristics: Critical thinking skills, problem-solving ability, and intellectual curiosity.
  • Psychological Characteristics: Resilience, adaptability, empathy, and ethical integrity.
  • Physical Characteristics: Good physical condition, stamina, and suitable health to carry out various investigative tasks.

Investigative Process

  • Often initiated by:
    • Personal observation or information from a citizen.
    • Directions to proceed to a crime scene.
  • Department policy defines:
    • Who responds to a call.
    • The specific duties of the individuals involved in the investigation.

The Initial Response

  • Situations to consider during the initial response include:
    • The suspect may still be at or near the scene.
    • Injured persons may require emergency care.
    • Witnesses may still be present at the scene.
    • A dying person might provide confessions or valuable information.
    • Environmental factors, such as weather, can impact evidence collection.
    • The crime scene may be altered before proper investigation.

Point of Arrival

  • The initial scene may be either utter confusion or completely deserted.
    • Setting Priorities:
    • Handle emergencies first.
    • Secure the scene to prevent evidence loss.
    • Commence the investigation immediately.

Handling Emergency Situations

  • Emergencies dictate procedures and can influence investigator actions.
    • Increased adrenaline can affect decision-making.
  • Specific responses based on scenarios include:
    • Suspect at or near the scene: Follow policy procedures for interrogations, ensuring the suspect receives a Miranda warning.
    • Suspect has recently fled: Immediate action is required to capture the suspect.

Person is Seriously Injured

  • Steps include:
    • Providing emergency first aid.
    • Calling for medical assistance.
    • Making sure to accompany suspects to the hospital if necessary.

Dead Body at Scene

  • Best practices:
    • Leave the body as found.
    • Preserve the scene for evidence collection.

Environmental Hazards

  • Maintain awareness of the surroundings and potential hazards that might affect the investigation.

Protecting the Crime Scene

  • A major responsibility of the first officers to arrive includes:
    • Adhering to Locard’s principle of exchange, which posits that the perpetrator will bring something into the crime scene and leave with something from it.
    • Maintaining security of the scene to prevent destruction or alteration, including from environmental elements.

Conducting the Preliminary Investigation

  • Steps involved in conducting a preliminary investigation include:
    • Questioning witnesses.
    • Conducting a neighborhood canvass to gather information.
    • Measuring, photographing, videotaping, and sketching the crime scene.
    • Searching for physical evidence and processing it.
    • Recording all statements carefully.

Screening

  • The aim is to maximize the effectiveness of investigations by:
    • Asking specific and targeted questions.
    • Considering solvability factors that impact the likelihood of solving the case.
    • Maintaining accurate and thorough documentation of every step taken during the investigation.

Factors for Follow-Up

  • Many cases necessitate a follow-up investigation due to circumstances such as:
    • Weather conditions that might destroy evidence.
    • Uncooperative witnesses that hinder progress.
    • The follow-up phase enhances the findings from the initial investigation.

Crime Analysis, Mapping and Geographical Information Systems

  • Crime Mapping: Analyzes crime data and identifies hot spots.
  • Data Mining: Sifts through information to help narrow down possible suspects.
  • Implementation of Case Management Software for better tracking and organizing investigations.

Department-Wide Strategy

  • Aimed at solving persistent community problems by:
    • Identifying, analyzing, and responding to them effectively.
    • Utilizing both problem-oriented strategies and traditional investigative techniques.

Interrelations

  • Various entities and personnel that work together in community policing include:
    • Community policing officers, uniformed patrol, dispatchers, prosecutor’s staff, defense counsel, community corrections personnel, social services, physicians, coroners, medical examiners, forensic crime laboratories, citizens, witnesses, and victims.

Combined Task Forces

  • Necessary for addressing crimes involving:
    • Drugs, gangs, and terrorism.
    • Employ a multidisciplinary approach for investigations across multiple jurisdictions through:
    • Metro crime teams.
    • Special investigation units.

Federal Law Enforcement

  • Offers numerous resources and assists local and state agencies in investigations.
  • INTERPOL: The International Criminal Police Organization provides a computerized database accessible to law enforcement agencies globally.

Clearing or Closing the Case

  • FBI’s Uniform Crime Reporting (UCR) Program: A key component after a case has been closed.
  • Investigators may have additional roles such as:
    • Providing testimony in future legal proceedings.

Productivity

  • Emphasizes that being productive goes beyond issuing citations and involves:
    • Optimal utilization of investigative resources to improve performance in the department and community.

Civil Liability

  • Important considerations for avoiding civil liability include:
    • Having effective policies and procedures clearly communicated to all personnel.
    • Ensuring thorough and continuous training.
    • Implementing proper supervision and discipline.
    • Maintaining accurate and thorough police reports, including considerations for exculpatory evidence.

Summary

  • Recap of key points includes:
    • Determining whether a crime has been committed.
    • Legally obtaining sufficient information and evidence.
    • Locating and arresting the suspect.
    • Recovering stolen property.
    • Presenting the best possible case to the prosecutor.
  • Emphasizes that cooperation and coordination of efforts outside the police department are also essential, making criminal investigation a mutual effort.