Basic Concepts Flashcards
Criminal Investigation
the logical, objective, legal inquiry of a criminal incident
Primary goals of a criminal investigation are to do what?
determine who the suspect is
Time is of the essence means what?
the longer a suspect remains at large, the greater the likelihood that the case will remain open and unsolved
What happens when too much time passes from the crime?
-Loss of evidence
-Contamination of evidence
-Loss of memory by witnesses and victims
-Investigative resources reallocated to new crimes
What is motive?
It establishes why the crime was committed
Common Criminal Motives
-Personal or Financial gain
-Revenge
-Love/Domestic situation
-Sexual gratification
-Passion of the situation
-Thrill/Excitement of crime
-Mental Illness
What is evidence?
Anything properly admissible in a court that will aid the function of a criminal proceeding in establishing guilt or innocence
T/F. All evidence is created equal
True
Types of Evidence
-Direct Evidence
-Indirect/Circumstantial Evidence
-Physical/Real Evidence
-Documentary Evidence
Direct Evidence
generally testimonial and will prove a fact without support
Example of direct evidence
Eyewitness to the crime
Indirect/Circumstantial Evidence
does not prove a fact but establishes a strong inference
Example of indirect/circumstantial evidence
Person who sees suspect buy the murder weapon
Physical/Real Evidence
Any physical object associated with the investigation
Documentary Evidence
Evidence that represents, portrays, or documents a particular item of evidence
Examples of Documentary Evidence
-Drug Analysis Report
-Bank Statement
-Photograph
-Video Tape
-Transcripts
Burdon of Proof
Investigators must prove that a specific crime has occurred and that a specific person(s) is responsible for the crime
Who bears the burdon of proof in a criminal case?
Investigator and prosecutors
Beyond a Reasonable Doubt
99-98%
-evidence presented must be so convincing that no reasonable person could have any doubts about the defendant’s guilt
Clear and Convincing Evidence
85%
-the evidence is highly and substantially more likely to be true than untrue
Preponderance
50%
-convinces the fact finder that there is a greater than 50% chance that the claim is true
Probable Cause
a reasonable basis for believing that a crime may have been committed or when evidence of a crime is present in the place of searchinging
Reasonable Suspicion
standard of proof that allows law enforcement officers to stop, question, and in certain situations, conduct searches of individuals
