Criminal Investigation Flashcards
Objectives of Evidence (4)
1) Facts of the Crime
2) Identify law breaker
3) Information to locate/arrest perp
4) Prosecute perp
3 Methods for Crime Scene Sketching
- Coordinate: measuring an object from two fixed points of reference
- Triangulation: a birds eye view of the crime scene using fixed objects from which to measure; two or more widely separated points of ref required
- Cross-Projection: used in in-door crime scenes; top-down view of the crime scene where the walls of the room have been “folded-down” to reveal locations of bullet holes, blood splatter evidence…
Field Notes
-Investigators most personal and readily available record of the crime scene search. Investigative process begins as soon as an officer gets a call to the scene.
Battered Child Syndrome
Clinical term referring to a collection of injuries sustained by a child as a result of repeated mistreatment or beating. -Injuries more severe than reasonable expected -past/other injuries need to be explained
Rape
Unlawful sexual intercourse, achieved through force and w/o consent. -Carnal knowledge -Forcible Submission -Lack of Consent
5 Categories of Drugs
1) Cannabis: marijuana (mild hallucinogen); THC
2) Narcotics: opium, opium derivative/synthetic substitutes.
3) Stimulants: stimulate the CNS
4) Hallucinogens: act on CNS and create distorted perceptions.
5) Depressants: act on CNS, barbituates, Rohypnol, GHB
Serial Fire Starters
Mass Arsonist: 3 or more fires at same location
Spree Arsonist: sets fires at 3 or more separate locations; no “cooling off” period
Serial Arsonist: sets 3 or more separate fires w/ a definite “cooling off” period between
Field Interview (cards)
-Technique used when patrol officers happen on people or circumstances that appear suspicious but when there is not sufficient cause for arrest
Using field notes in court
- it is acceptable for a person who did not prepare the notes to testify to their reliability, provided person was present when notes were prepared
- Defense may examine notes
- Defense will typically attack the validity of notes based on conditions under which they were prepared
- One notebook per investigation
Best Evidence Rule
-(Cheadle v. Barwell, 1933) -ORIGINAL notes must be provided whenever possible -Photocopies may be used pursuant to an explanation
Official Police Report
- Poorly written reports give defense a tool to confuse the officers testimony and muddle the issue
- 3 Prong Rule:
- FACTUAL
- THOROUGH
- TO THE POINT
Steps in Report Writing
1) Collect info: scene, informants, witnesses
2) Take complete notes
3) Organize info
4) Prepare the report
5) Proofread/evaluate the report
Official Police Report: Accuracy and Objectivity
- ability to report accurately= ability to conduct objective and thorough investigation and to express the inquiry in writing
- Unbiased manner
- When opinions are called for: must reflect the investigators thinking vs. his feelings (also note when opinion)
Official Police Report: Word Choice
- Presentation and Dictation: Choice and Use of words
- Most effective report presentation is a chronological narrative; events are described as they occurred from the officers perspective
Writing effective police reports
- Avoid unnecessary words
- Avoid elaborate/unfamiliar words
- Use specific words rather than vague terms
- Use active voice
- Use standard abbreviations (to avoid confusion)
- Short, simple sentences: clear meaning
- Avoid Double Negatives
- Use modifiers, adjectives, and adverbs sparingly: they do not contribute much to a fact finding report
- Use plain English rather than jargon/slang (except when quoting)
Documenting Interviews
- Preliminary information: time/manner complaint was received; identification of location, time, and nature of crime, full ID of victims
- Witnesses
- Physical Evidence: search must be documented
- Modus Operandi: in many cases method of operation is a clue to determining the suspect
Documenting Interviews
- Must distinguish btwn items that are know/verified and those that are based on judgments
- Conclusions unsubstantiated by fact should be presented as opinion
Supplemental Report
- Considerably longer than initial complaint b/c it incorporates much greater detail including who, what, where, when, how
- Prepared in paragraph/chronological order
Photographing Crime Scene
- both photos and sketches are necessary b/c photos may distort distance and color
- without photos a witness/juror may be influenced by: past experiences, preconceptions, stereotypes, and biases in making decisions
Digital Photography
-Some argue that 35mm, silver based-film is superior because it cannot be manipulated or changed
Photos as Evidence
- Principal requirements to admit= RELEVANCE and AUTHENTICATION
- Authentication is most important req: the party seeking to introduce the photo must present testimony that the photo is accurate and correct
- Need not be photographer: a witness with knowledge of the scene can testify that the photo accurately portrays the scene
- Relevancy: might unduly confuse or deceive the fact finder
- State v. Fournier
What to Photograph
Can never be “too many photographs”
Three Stages:
- General View
- Medium Range View
- Close-up view
Photos: General View
- Sweeping view of the crime scene
- Demonstrates what the scene looks like in its own environment
- Taken at a distance to reveal the natural surroundings
Photos: Medium Range View
- Distance no greater than 20ft away from the object
- Intent is to depict specific items/objects
- Allows jurors to link each picture w/ the general crime scene photo