criminal investigation Flashcards
1
Q
Criminal Investigations
Use Respect to conduct an objective & procedurally just criminal investigation
A
**begin the moment police are called to the scene
are s_tep-by-step process_ & primary goals for police officers are to:
protect crime scene & collect evidence
determine if and how a crime was committed
Identify victims & witnesses
identify the offender
write a detailed & complete report
Testify in court
2
Q
Respond to the scene and make it safe
A
- Plan a safe response
- Take the most direct route and safest route
- In progress crimes= look for matching descriptions of people/ vehicles involved
3
Q
Emergency care for injured/ wounded
A
- Request EMS when needed
- Establish a pathway for first responders to avoid evidence destruction
- Do not clean up or move any treatment supplies used by EMS
- Do not attempt to reposition/ return physical evidence to its original spot
- ID Persons treated on scene
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Bodily injury
- Substantial impairment of the physical condition
- Burn, fracture
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Serious bodily injury
- Creates permanent disfigurement prolonged/permanent loss of bodily function
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Injury Photo Taking
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Overall (injury photo taking)
- Take at least one overall photo of the person to include the face, injury and other unique features such as jewelry, tattoos, clothing.
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Mid-range (injury photo taking)
- Take photos of each injury from 2-4ft away
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Close up (injury photo taking)
- Take photos of each injury less than 2ft away. Place ruler or other objects to compare size
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Follow up (injury photo taking)
- Injuries may intensify over days. Take photos 2-3 days after
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Overall (injury photo taking)
4
Q
Separate and remove people
A
- Prevent influence from other people
- Separate victims and witnesses
- ID and separate witnesses for interviewing
- Remove uninvolved bystanders
5
Q
Protecting the crime scene
A
- The crime scene is a specific place where a crime has been committed and physical evidence is located
- Establish temporary crime scene perimeters
- Do not touch, move or alter any item within the crime scene until it has been evaluated
- Establish pathways to enter and exit
6
Q
Modus Operandi (MO)
A
- Think motive
- “Uniqueness of technique a distinctiveness or a particularly distinguishing pattern of conduct common to the current and former incidents that link one crime to another”
7
Q
Initial walk through
A
- Use pathways to minimize evidence contact or contamination prevention
- Identify special clothing or equipment needs for safety or contamination prevention
- ID points of contact
- Request expert investigators and forensic specialists
8
Q
Points of contact
A
- Entry and exit
- Between suspect and victim
- Between suspect and evidence
- Between victim and evidence
9
Q
Inner perimeter
A
- Where the actual crime took place and contains physical evidence
- Make this perimeter at least twice the size of the actual crime scene
- Use red tape for inner and yellow for outer perimeter
- Only allow authorized personnel in
- Establish a single entry and exit
- At least 2 officers should guard the entry and exit
- Establish a crime scene log
10
Q
Outer perimeter
A
- The staging area for support personnel and equipment
- Identify perimeter with a combination of emergency vehicles, police officers, barriers and line tape
11
Q
Photograph crime scene
A
- Provides a visual record of the scene and helps identify relevant evidence
- Use agency owned camera. Do Not use personal phone/ camera
Photograph crime scene/ evidence as found
12
Q
Overall (photographing the crime scene)
A
- Photograph crime scene from outer perimeter first. Multiple angles/ perspectives
- Take these photos before placing markers
- For outdoor crime scenes include land markers, street signs, house numbers
13
Q
Midrange (photographing the crime scene)
A
- Inside the inner perimeter
- Multiple angles/ perspectives
- Includes property damage and specific items, exits and entry points
- 5-10ft away
14
Q
Close range (photographing the crime scene)
A
- Specific evidence from a perspective of less than 4ft away
- Positively identify objects (license plates, serial numbers, impression evidence)
15
Q
Evidence collection
A
- CSI effect
- Juries are more likely to convict a suspect in an evidence based prosecution
- Chain of custody
- The meticulous and chronological documentation of evidence from the moment seized to presentation in court
- Prevents loss, destruction, tampering, and contamination
- Shows every person who came in contact with evidence
- Evidence packaging and storage
- Containers are made of paper, cardboard, plastic, and glass
- Seal containers to prevent tampering
- Evidence tags are used to identify evidence
- Store evidence in a restricted location
16
Q
Types of Physical evidence
A
- Drugs
- Money
- Clothing
- Weapons
- Documents
- Digital files
- Fingerprints & impressions
- DNA (blood, saliva, semen)
- Trace evidence (fibers, hairs, gunshot residue)
17
Q
Physical evidence
A
- Is tangible (things we can touch) “can be perceived by sense of touch”
- Can be direct or circumstantial evidence
- Used to reconstruct crime scenes and link people to specific places and or other people
- Items can be: drugs, money, clothing, weapons, documents, digital files, fingerprints, DNA etc.
18
Q
Trace evidence
A
- Evidence transferred from one surface to another during physical contact between people, places, and objects
- Usually microscopic size (soil, gunshot residue, human/animal hair, paint fibers)
- Can be found anywhere and is common when there is physical contact between suspect and victims
19
Q
DNA evidence
A
- Also known as biological evidence
- Can be: human hair, tissue, bones, teeth, blood, saliva, semen
- Best practices:
- Change gloves between every sample collected
- Package separately
- Attach biohazard label
20
Q
Fingerprint Evidence
A
- Human skin ridge impressions left behind on surfaces (palm print or fingerprint)
- Patent fingerprint
- Seen with the naked eye and left behind when materials (like blood, oil, or dirt) on fingers is transferred to a surface
- Can be found on paper, wood, cloths, plastic, metal, glass etc.)
- Plastic fingerprint
- Seen with the naked eye and left when a person leaves an indentation in a soft surface (think pushing fingers into playdough or silly puddy)
- Can be found in soap, gum, wax
- Latent fingerprint
- Cannot be seen with the naked eye. Left behind when oil and sweat on finger skin is transferred to a smooth, non porous surface
- Exposed with special chemicals or light technology
- Patent fingerprint
21
Q
Impression evidence
A
- When one object presses against another with enough force to leave a matching imprint
- Shoe prints, tire tracks, and human bites
Can be found in snow, blood, dirt/sand, human ski
22
Q
Clothing, bedding, and linen evidence
A
- Items worn/used by victims/suspects
- Use paper bags, cardboard boxes, and porous items to package dry cloths
- Use non porous plastic containers to temporarily collect wet clothing
- Evidence that is wet SHOULD NOT remain inside any plastic container for more than 2 hours (can destroy/alter evidence)
- Must be air dried before storing
23
Q
Weapon evidence
A
- Fire arms, ammo, knives, baseball bats
- Use porous material like cardboard boxes to collect and package
- Process DNA, trace, and finger print evidence first
24
Q
Liquid evidence
A
- Should be stored in its original container if possible
Store in leak proof containers
25
Q
Currency evidence
A
- Money, coins, stock, bond certificates
- Identify total amount
- have a second person verify and witness count by name and signature
- seal in a plastic bag
26
Q
Digital evidence
A
- electronic evidence found on computers, flash drives, memory cards, smart phones
- Must have a search warrant to search the cell phones contents
27
Q
Documentary evidence
A
- paper– checks, bills, purchases, receipts, financial records, handwritten letters, signatures, and statements
- use paper envelopes to package dry documents
- label/write on the envelope before placing them in the evidence envelope.
- Wet documents should be air-dried before storing
28
Q
Testimonial evidence
A
- Statements made by victims, witnesses, and suspects
- may be direct or circumstantial evidence
- Statements made directly to the police
- spontaneous utterances overheard by witnesses
- written statements
- interviews and interrogation recordings
29
Q
Hearsay
A
- “second hand” knowledge repeated about what another person said about what they saw, heard or felt.
30
Q
Searches
A
- Systematic search
- Lane searches
- Grid Search
- Zone search
- Place search
- Strip search
- Body cavity search
31
Q
Systematic search
A
- determined by circumstances and officer preference
- Top-down: start people searches at the head and end at the feet. Dwelling searches on the uppermost floor and work down
- Front-back: Search the front side of a person from head to feet, then search backside from head to feet.
- Left-right: search the rear passenger seat area of a vehicle first, then search the right side. Search left side clothing pockets first, then right side
- Outside-inside: Search outside of a container first, then inside. Search outside jacket pockets first, then inside pockets
32
Q
Lane searches
A
- Cover large areas quickly for missing people or evidence that would be easy to see given the crime scene circumstances
- Divide search area into equal parallel lanes that go in the same direction
- Maximum lane width is 6 feet
- assigns one officer to each lane
- Search lane from end to end in both directions
33
Q
Grid Search
A
- Used to cover areas more thoroughly for evidence that is harder to find. A 6 inch knife in a wooded area.
- divide search area into equal parallel lanes that cross over each other at 90 degrees
- assign one officer to each lane
- search lane from end to end in both directions
- See page 139 in the student officer book in Criminal Investigations for a picture
34
Q
Zone search
A
- Cover crime scenes that can be divided into obvious sections.
EX: each room within a house can be an area
35
Q
Place search
A
- determined by circumstances and evidence sought
- can range from a 4’x 6’ closet or a 100 acre wooded area
- determined by crime scene conditions and evidence sought
36
Q
Strip search
A
- whenever a persons last layer of clothing is moved but not necessarily completely removed
- must have PC
37
Q
Body cavity search
A
- “Visual=” inspection of the genital and anal areas of the body
- “Manual=” some degree of touching and probing (Need a search warrant)
38
Q
acquiring evidence and memory
A
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Acquisition
- the persons perception of an event
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Retention
- the time that passes between the original event and the recollection of specific pieces of information
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Retrieval
- recalls stored information or memory
- 2 types; recall and recognition
39
Q
Show ups
A
- one-on-one identification procedure between suspects and witnesses.
- Usually live, in person, and generally occurs near the scene of the crime
- 3 factors to consider:
- -nature of the crime involved and corresponding concerns for public safety.
- -need for efficient police investigation immediate aftermath of a crime
- -importance of prompt confirmation of the accuracy of investigatory information
40
Q
Best practices for a Show up
A
- remain neutral
- do not share info with a potential suspect
- must be done in promptly after the event
- do not show victim/witness the suspect in a manner that is consistent with an arrest (In a cruiser, cell, or in handcuffs)
41
Q
Photo arrays
A
- still images of the suspect and or several other people with similar physical features
- must have a minimum of 6 photos
- If you have multiple suspects, must do separate photo arrays
- suspect cannot be presented first
- Present photos one at a time
- If the eyewitness wants to see a specific photo a second time, show eyewitness all photos again in the same order
- do not present the photos more than twice
42
Q
Live line ups
A
- real-time, first-hand presentations of multiple people to a single eyewitness.
- used to determine if a victim or witness can positively identify a suspect
43
Q
Neighborhood canvass
A
- one or more officers go door to door in specific areas near the crime scene and conduct field interviews
- gather relevant testimonial evidence about a crime
44
Q
open contacts
A
- people who we know in the community
- teachers, store clerks, mail carriers, community leaders, business owners
45
Q
Closed Circuit TV (CCTV)
A
- A video surveillance system that monitors activity in secured areas.
- located at banks, homes, airports, schools, gas stations, downtown areas
46
Q
Geolocation data
A
- can provide evidence about physical location of an electronic device, person, or vehicle
- GPS devices, mobile phones, phone apps (facebook, twitter, instagram)
47
Q
Open surveillance
A
- conducted without any attempt to conceal the officers presences
- Watching traffic at a red light intersection
48
Q
Close surveillance
A
- keep a place or a person in sight with officer concealment a secondary objective
49
Q
Covert surveillance
A
- Target remains unaware they are being watched or followed by police.
50
Q
Confidential informants
A
- hide their relationships with officers and share information secretly
- Must possess access, motivation, and control
51
Q
Testifying in court
A
- 6 trial courts in mass
- district and superior courts handle most criminal cases
- other courts include; housing, land, probate, family
52
Q
District court
A
- hears most of the criminal, motor vehicle, and civil cases
- extends to all misdemeanors, certain felonies, and violations of ordinances and bylaws
- begins with a “complaint” filed in the clerks office
- handles abuse, restraining and prevention orders
- Civil jurisdictions
- can hold cases that does not exceed anything over $25,000
- -small claims matters involving $7,000 in recovery
53
Q
Superior court
A
- most serious offenses (murder, rape etc.)
- trial comes to this court after a grand jury hearing (23 people)
- If grand jury determines there is PC then the indictment will follow
- usually first charged with a complaint in district court
54
Q
Juvenile court
A
- Has jurisdiction over delinquency, children requiring assistance, care and protection petitions, termination of parental rights
55
Q
Probate and family court
A
- family related matters and probate matters (divorce, paternity, child support, custody, adoption, parental rights)
56
Q
Grandjury
A
- 23 people
- Secret hearing
- Hearsay is admissible
- Does not determine guilt/ innocence only PC
57
Q
Domestic Violence
ABUSE 209 1
A
- Abuse is the occurrence of one or more of the following acts between family or household members
- Attempting to cause or causing physical harm
- Placing another in fear or imminent serious physical harm or
- Causing another to engage involuntarily in sexual relations by force threat or duress
58
Q
FAMILY or Household member 209a 1
A
- The conduct should occur between members of the same family or household. Two people are family or household members if they:
- Are or were married to one another
- Are or were residing together in the same household
- Are or were related by blood or marriage
- Have a child in common regardless of marriage or living arrangement
- Are or were in a substantive dating relationship. The following criteria are used to determine a substantive dating relationship
- Relationship length
- Type of relationship
- Frequency of interaction between parties
- Time since the relationship ended.
- For MGL 209A abuse to prevent laws attached the conduct must occur between members of the same family or household. Two people are family or household members if they:
- “A relationship does not need to be “exclusive “or “committed” to be a substantive dating relationship. Relationships that are primarily conducted electronically can qualify as substantial dating relationships. Real time electronic exchanges with face-to-face interactions increase the level of intimacy in the relationship.
59
Q
Power and Control
A
- Domestic violence is a continuum of behaviors designed to gain power and control over another person.
- The four types of abuse are PHYSICAL, SEXUAL, PSYCHOLOGICAL, FINANCIAL
- More than one type of abuse can be present you just have to identify them.
60
Q
PHYSICAL ABUSE
A
- Physical abuse is used to intimidate and control victims. It includes assault, battery and threats of violence. Physical abuse usually occurs simultaneously with other forms of abuse. For example, 95% of physical abusers also use psychological abuse.
- 76% of physical abuse victims are women. Physical abuse is committed more frequently against women 18-34 years old. Most physical abusers are non-spouses and nearly half of the domestic violence homicides are committed by dating partners.
61
Q
SEXUAL ABUSE
A
- Sexual assault and rape are used to intimidate, demean and demonstrate power over victims. Victims who experience BOTH physical and sexual abuse are more likely to be injured or killed than victims who experience one form of abuse.
- Intimate partner sexual abuse is more likely to cause physical injury than stranger or acquaintance assault. Over half of women raped by intimate partner were sexually assaulted multiple times by the same partner.
Marital rape is the most underreported form of sexual assault. Marital status does not preclude a spouse from being charged criminally for raping or forcing victim to perform sexual acts against her wishes.
62
Q
PSYCHOLOGICAL ABUSE
A
- Psychological abuse includes intimidation, verbal abuse, threats, or coercive tactics that ultimately traumatize and control victims.
- Psychological abuse can be used to diminish victim confidence, promote social isolation and create victim dependence.
- Psychological abuse frequently occurs prior to or concurrently with physical or sexual abuse.
- Research shows that psychological abuse alone can cause long-term damage to victims’ mental health. Victims of psychological abuse often experience depression, post-traumatic stress disorder, suicidal ideation, low self-esteem and difficulty trusting others.
- An equal percentage of women and men (48%) experienced at least one form of psychological abuse by an intimate partner. Psychological abuse includes the following:
- Stalking
- Name calling
- Public humiliation
- Destroying property
- Isolating victim from family/friends
- Undermining victim confidence or self-worth
- Making threats (EG report victim to police, commit suicide if victim leaves)
- Using children as leverage
- Prohibiting victims from using common technologies used to communicate.
- FINANCIAL ABUSE
- Financial abuse is another common tactic used to gain control. Financial abuse can occur throughout a relationship and is more likely to intensify when victims leave the relationship, or if the abuser believes the victim may leave. Financial abuse includes the following:
- Limiting victim access to money or giving them an allowance
- Excluding victims from financial decisions and access to accounts
- Withholding information from victims about household finances and assets
- Withholding funds for victims or children to obtain basic needs. Includes abusers who refuse or evade paying child support.
- Victim concerns over ability to provide for their children financially causes them to stay with abusers.
- Forbidding victims to work or seek advancement.. Includes stalking and harassing at the workplace to facilitate job loss.
- Abusers who run up large amounts of debt on joint accounts then refuse to pay bills which impact victims credit
- Stealing victim identity property or inheritance
- Forcing victim to relinquish public assistance benefits (Welfare)
63
Q
CYCLES OF VIOLENCE
A
- The cycle of violence refers to 3 common phases found in abusive relationships. Duration and frequency for each phase varies by relationship.
- Phase 1 is tension building- increasing levels of tension between abuser and victim can last hours, months or years. Victims walk on eggshells and make every attempt to placate abuser to avoid violence
- Phase 2 is incident acute physical, sexual or psychological abuse occurs. This includes but is not limited to stalking destruction of property, battery, rape, and homicide. The incident phase may last for hours or occur over several days and is the most dangerous time for victims. Police are generally called during the incident phase. Police presence can temporarily stop the violence but it may continue or escalate after the officer’s leave.
- Phase 3 is honeymoon- the honeymoon phase can include denials by both abuser and victim, minimization, blaming, apologies and promises that it won’t happen again. Both victims and abusers may be reluctant to talk with police during the honeymoon phase.
- The honeymoon phase can be used to further manipulate victims. First victims generally want to believe the abuser will change this time.
- Second the honeymoon phase may be the only time where victims are treated well. The honeymoon phase is also used to pressure victims to move on, undermining any legitimate reason for ending the relationship.
- Over time a honeymoon phase can shorten and disappear altogether. In prolonged abusive relationships the honeymoon phase may just signify an absence of abuse.
64
Q
DOMINANT AGGRESSOR
A
- The dominant aggressor is NOT the person who hits first. They are the person with demonstrated patter of control over another. Evidence used to identify dominant aggressor includes the following:
- Ongoing force and intimidation
- Persons history of violence to include prior arrests and protective orders issued
- Height weight and age differences between abuser and victim
- Threats or statements that are intended to intimidate or cause fear
- Proportional nature of injuries to both people
- Injuries on abuser made by victim in self-defense; includes bite mark impressions on arms and hands, scratches on face and injuries to genital area
65
Q
SEXUAL ASSAULTS Demonstrate RESPECT model best practice
A
- R espond & make it safe
- E mergency care for injured
- S eparate people
- P rotect crime scene
- E vidence collection
- C orroborate evidence with M.G.L
- T ake action & testify in court
66
Q
First Complaint Witness
A
- the very first person the victim tells about the sexual assault.
- Family members, friends, social workers, dispatchers, EMS, police and many others can qualify as a first complaint.
67
Q
The First Complaint Doctrine-
A
- is an exception to the hearsay rule. Only applies in cases involving sexual assault.
68
Q
Exceptions to first complaint:
A
- 1) If first complain witness is unavailable, incompetent, or too young.
- 2) first complaint witness has bias or motive to minimize or distort vics statement.
- 3) Victim expresses feelings but does not specifically state she or he has been sexually assaulted.
