Criminal Investigation Flashcards
What is criminal investigation?
The process of legally gathering evidence of a crime that has been or is being committed.
What is bias?
A highly personal and unreasoned distortion of judgement
What is crime?
An act or omission forbidden by law
Punishable by fine, imprisonment, or death
What is circumstantial evidence?
Not based in actual personal knowledge or observation of the facts in controversy but if other facts from which deductions are drawn, showing indirectly the facts sought to be proved.
What is a complainant?
Person requesting an investigation or that actions is taken
Often the victim of a crime
What is corpus delicti
Literally means the body or substance of the crime
Law term: to proof establishing that a crime has occurred
What is the definition of elements of a crime
Conditions that must occur for an act to be called a specific kind of crime.
What is evidence?
Anything to be offered in court to prove the truth or falsity of a fact in issue
What is fact?
Something known to be true
What is fence
One who receives and disposed of stolen property on a regular basis
What is field identification
On-the-scene identification of a suspect by the victim of or witness to a crime, conducted within minutes of the commission of a crime
What is prejudice?
An opinion or leaning adverse to anything without just grounds or before obtaining sufficient knowledge
What is Modus Operandi
MO
A criminal’s characteristic method of operation
What is proof beyond reasonable doubt
Level of proof required to obtain a conviction in a criminal trial
What is probable cause
Evidence that warrants a person of reasonable caution in the belief that a crime has been committed or is being committed
What is rapport
A feeling of ease and harmony in a contact or relationship between people
What is reasonable doubt
The level of certainty a juror must have to find a defendant guilty of a crime
What is a statement
A legal narrative description of events related to a crime
What is a suspect
A person considered to be directly or indirectly connected with a crime, either by overt act or by planning and/or directing it
What is a witness
A person who saw a crime or some part of it being committed or who has relevant information
What is a victim
The person injured by a crime
What are the 4 criminal investigation tools
Information
Instrumentation or forensic science
Interviewing
Laws of arrest, search and seizure
What is information
The knowledge a criminal investigator gathers from other persons and other legit sources.
What is instrumentation or forensic science?
The techniques that help in the solution of the crime.
Consists of fingerprints, serology, ballistics, and DNA, etc.
What is interviewing
The questioning of victims, witnesses, or suspects in a criminal investigation
What are the laws of arrest, search, and seizure?
Provides guidance on what investigative techniques are acceptable.
Mastery and knowledge of criminal procedures and the rules of evidence enable the investigator to gather evidence against a suspect that can withstand court challenges.
What are criminal investigation supposed to determine?
To the extent possible, the truth about how a crime occurred
What are the 5 goals of a criminal investigation
To determine if a crime occurred
To legally obtain info and evidence to ID the person(s) responsible for the crime
To legally arrest the suspect(s)
To recover stolen property
To present the best case possible for the prosecutor
What is the significance in the criminal investigation process
To prove establishing that a crime has occurred
Necessary elements that constitute a crime
What is it essential to prove in criminal investigation
The corpus delicti
Elements of the crime
Why? To bring the matter before court to prove guilt or innocence
Where does the legal significance of evidence rest?
On the judge or juror
What SHALL the investigator collect to prove cause beyond a reasonable doubt
Corroborating evidence of the accused persons guilt in order to negate the defenses claims
What is essential for anyone conducting a criminal investigation?
Knowledge of basic fundamentals
Methods
Techniques of investigation
What must a criminal investigator strive for when conducting an investigation?
Objectivity
What are the 5 characteristics of a criminal investigator
Suspicious Curious Observant Unbiased and unprejudiced Develops rapport through interpersonal communication skills
What is suspicious?
Investigator takes nothing for granted
What is curious?
Desires to investigate and learn the facts and truth about people, places, or objects.
Criminal investigators must not attempt to what?
Exhibit expertise in all fields of law enforcement
Discuss the case details with anyone outside the PD
What is professional heavy criminal? (6)
An individual who commits the crime or crimes of: Burglary White collar crimes Larceny Vehicle theft Agricultural crimes Arson
What are the 9 professional criminals
Thief Semi-pro thief (unskilled) Burglar Robber Identify theft Con artist / games / schemes White coat crimes Forgery / credit card abuse Auto theft
What are UUMV offenders typically like
Joy riders
Typically juvenile with friends
What are transportation thieves?
Car “borrowers”
They abandon vehicle when they are done
What are use-in-crime car thieves like
They steal car for the purpose of committing crime
What are insurance fraud swindler car thieves?
Owner abandons vehicle in area he knows vehicle will be stripped.
May burn vehicle or dismantle it in junkyard
What do “strippers and dismantler” car thieves do?
Strippers - attack parked vehicle and remove parts
Dismantlers - tow it to chop shop
What do professional auto thieves do
Steal late model vehicles and resell them
May ship them
Identify the characteristics of street thieves (5)
Encountered more by police Often carry weapons Take reckless chances Steal to procure narcotics or alcohol Most dangerous auto thieves
What are gray market vehicles
Foreign made vehicles not produced for sale in US
Usually Mercedes-Benz
To be operated in US they must meet Department of Transportation and Environmental Protection Agency requirements
What is a salvage switch
Described as the altering of a vehicles identity by placing the serial number of a totaled car onto a stolen car
What are some problems with dealerships inventories
Only do it 30, 60, or 90 Days
Car can be gone for up to 3 months before anyone notices.
What are some problems with rental cars?
The vehicle may or may not be entered as stolen
If it’s not and company just wants car back it turns to civil not criminal case
Identify crimes against persons (5)
Homicide Sex crimes Assaults Child/Elderly abuse Hate crimes
What are the 9 categories of homicide
Anger killing Revenge / jealously killing Triangle killing Killing for profit Random killing Drive-by shooting Murder-suicide Sex and sadism Felony murder
What is anger killing
An extension of the crime of assault
What is revenge or jealousy killing
History of involvement between perpetrator and victim
What is triangle killing
Husband or wife kills spouse who has involved himself/herself with another lover
What is killing for profit
The elimination of another because it would result in profit for the murderer
What is random killing
Seemingly motive-less.
Most difficult for solve
What activity is associated with drive by shootings
Gang activity
What is murder-suicide?
Actor kills another then self
Not uncommon among elderly and mentally distraught
What is sex and sadism killing
Marked by unusual violence
May follow rape, acts of sexual perversion or sadistic acts
What is felony murder
Death results from injuries received during the commission of some other felony
Of the prison population in the US how many offenders are serving time for sexual offenses
1 out of 7
How long does a person have to register as a sex offender
No later that the 7th day
Estimated 22,000 sex offenders on probation in Texas
What are 4 methods of gaining sexual access to a person
Consents
Pressure
Force
Drug-facilitated sexual assault
What 4 categories do adult sex offenders generally fall under?
Opportunistic
Sadistic
Anger
Power
(Review bullets in student guide for desc of each if needed)
What is a pedophilia
An individual who has fantasies, urges or behaviors that involve illegal sexual activity with a child (generally under 13)
What are pedophilic behaviors? (4)
Undressing children
Encouraging the child to watch the abuser masturbate
Touching or fondling the child genitals
Forcefully performing sexual acts on child
What 2 categories do pedophiles fall under
Exclusively - attracted to only children
Nonexclusive - attracted to adults and kids
What are the 2 main types of pedophiles
Situational
Preferential
What are the characteristics of a situational pedophile (4)
Don’t have true sexual interest in child
Will experiment with kids when they have stressful event in life
Fewest number of victims
Don’t only prey on kids but elderly and mentally impaired too
What are the subtypes of a situational pedophile and their breakdown
Regressed- temporary, then reverts back to adults
Morally indiscriminate - abuse everyone not only children
Naïve or inadequate - usually has mental disorder (don’t know right and wrong) / known to be stranger / loners by defaults
What are the characteristics of a preferential child molester
Prefer children
Seeks children out
What are the subtypes of a preferential child molester and their desc
Mysoped child molester and killer - sadist / usually male / Vic is usually stranger / crime is premeditated and ritualized
Fixated child molester - has little or no interaction with people their age / act childlike / “loves” the children / oral-genital sex is the norm
What are 3 important factors to look at when profiling molesters?
Victimization ritual
Method of selection
Abducting process
What are the common psychological defenses patterns of pedophiles (5)
Denial Minimization Justification Fabrication Attack
What does generational cycle mean
Accept violence as normal
Have no concept of a healthy, happy home or relationship
Accepts violent parents as role models
What % of prisoners come from violent homes
85%
What do 3-6 year olds think when they are victim of abuse or sexual assault
Two dimensional thinking
Usually able to say who did it and show what happened
Usually unable to give complete narrative of incident
What do 6-11 year olds think when they are victim of abuse or sexual assault
Feels responsible Model dad’s behavior to Mom Confused about parents Usually can give details of event Usually unable to give date / time Don’t understand why they aren’t to blame
What do adolescents/teens think when they are victim of abuse or sexual assault
Probably magnified by family violence
Usually able to give narrative
Understands the implications of revealing the secret
Unable to forgive mother
what are some typical characteristics of abusive parents
Seem unconcerned about child See child as bad / evil Can’t give good reason for child’s injury Attempts to conceal injury Routinely harsh to child Emotionally immature Inadequate coping skills Chaotic home like Verbal threats to injure child May abuse drugs/alcohol
What are typical characteristics of mothers whose child was victim of family sexual assault (3)
Frequently cognizant of sexual abuse but subconsciously denies it
May hesitate to report (fear of destroying marriage)
My see sexual activity within family preferable
What are 3 major types of elder abuse
Neglect
Abuse
Exploitation
What is hate crime
A criminal offense against a person or property which is motivated by the offenders bias against raved religion, ethnic/national origin group or sexual oriented group
NOT an offense, just enhances another offense
What 2 things do you do when you have multiple witnesses
Separate them and instruct them to avoid discussing details
Of positive ID is obtained from one witness insider issuing other ID procedures with the next witness
What are the preliminary investigatory procedures for a homicide (14)
Care for injured Protect integrity of crime scene Determine what offense occurred Record the scene Seal the scene ID the vic Develop tentative crime theory Obtain names, addresses, etc for living vic and witnesses Interview witnesses / other vics Determine time / place of death Determine cause / means of death Ascertain background info on Vic Determine motive Prepare report
What are the preliminary investigatory procedures for assaults (6)
Care for injured / record injuries Process scene Determine type of dispute ID weapons involved Interview participants and witnesses Prepare report
What are the preliminary investigatory procedures for sexual assaults (7)
Aid the victim Preserve evidence Document injuries Photograph or videotape area Interview witnesses if any Interview Vic Prepare report
What are the preliminary investigatory procedures for child abuse and exploitation (5)
Reconstruct the event Determine if a crime was committed ID suspects Take appropriate action to protect child Prepare report
What is an autopsy
A postmortem examination of the body of a person
Includes X-rays, examination of internal organs and structures after dissection
Determines cause of death or nature of pathological changes that could have contributed to death
What do the autopsy reports usually provide?
Time of death
Nature of injuries resulting in death
Any other injuries found or evidence of chronic illness
Weapon or substance causing death
Whether the body was moved after death
Amount of blood alcohol
Contents of stomach
Indications of sexual activities or pregnancy / sexual deviancy in males
Evidence of blood, hair, etc that’s not the Vic’s
What is post Mortem lividity
Dark blue discoloration observable on parts of the body that are nearest to the ground
Appears about 2 hours after death
What is rigor mortis
When does it start
Chemical changes occurring in body tissues causing muscle stiffness
As general rule it starts 5-6 hours after death and starts at the neck and goes down
About how long does it take for rigor mortis to wear off
Disappears within 36 hours
Can take 8-10 hours to disappear
What is the normal body temp?
98.6
What is putrefaction
The decomposition of body tissue Involves bloating of the body by gas Darkening of the skin Green discoloration to abdomen Forms blisters filled with fluid or gas
What is cadaveric spasms
When there is severe injury to the central nervous system or when there was great tension at the time or death sometimes stiffening occurs immediately
What is an atomic absorption test for
It determines quantitative and proportional concentrations of specific elements in materials through the analysis of a vaporized sample
What is laser examination test for
May still he used in some jurisdictions for detections of fingerprints and examination of questioned documents
What is DNA fingerprinting useful for
Examining blood stains, hair roots, semen, vaginal flooded.
Dioxyribonucleic acid
What is luminal
A chemical method of detecting latent blood
What should be determined upon arrival
If suspects are at or near the scene / observe unusual activity, persons, vehicles
Appropriate tactical action if suspect is near and if weapons are involved
Number of suspects
If backup is needed
What type of identity info do you obtain
Name DOB Address Home/Work phone number Place of employment Other data like: DL number or LP number
What are the methods of crime scene searches? (6)
Point to point Stripe search (thorough) Quadrant (or sector) search Circular search Area search Aerial search
Explain point to point search
Preliminary stop in evaluating scene
Often disorganized
Trace evidence may be overlooked
People feel once search is completed they can leave - they invade scene
You move in order of appearance of evidence
Go first to second to third etc
What is a strip search for crime scene?
Most effective outside
Stakes and lines are useful for setting up lanes
Natural landmarks can be used as boarders
What is a quadrant search
Effective inside and outside if they have regular patterns or defined borders.
What is circular search
Spiral or concentric
Can start in or outside edge of scene
Useful when an item is missing from the center and search needs to be done rapidly
What is an area search
Effective in examining specific and small area with defined borders, such as landscaped areas, bushes, paths, and sidewalk.
What is an aerial search
May employ infrared film for discovery of such things as gravesites
When may an officer leave the scene
When released from responsibility
When not needed
When directed to do so
What are the elements and procedures of crime scene photography
Preparation - type of film / camera setting / flash
Take first photo identifying photographer, date, location, case #
Maintain log of photos
Go from exterior to interior, or with landmarks to locate evidence then work to detail from farthest point
What is a sketch?
A drawing which represents the crime scene and serves to supplement photography by providing accurate info concerning the distance between various points on scene
The record the exact locations and relationships of pieces of evidence
What are the 2 methods of measuring & explain them
Triangle - Made from two or more fixed points to intersect at the location of object
Rectangulation - Objects are located using 2 perpendicular lines
What are the 4 types of sketches
Perspective - 3 dimensional
Projection
Schematic
Detailed
What is a perspective sketch?
Objects are drawn to show them as they appear to the eye
Most useful when no camera is available
What is a projection sketch?
It’s most frequently used
Sketch as seen from above the scene
What is a schematic sketch?
Represents an orderly combination of events which have occurred
What is a detailed sketch?
Describes small area
not to scale
Explain chain of custody and what it maintains
The process which records transactions of evidence from person to person since taken by PD
It maintains exactly what happened to it from the time it was taken until court
What does the chain of custody account for
Who found the item Where it was found Who took custody of it Who marked it Who transported it Where it was being stored
What are the categories of evidence that should be collected (4)
Fruits of the crime
Tools of the crime
Contraband
Mere evidence
How do you properly preserve evidence while packing (6)
Prevent breaking, spoiling, loss and contamination Always use paper Put in tightly fit container Every item goes in different pack Allow wet evidence to dry Liquid blood must be refrigerated
What are the safety precautions to take when preserving evidence (5)
Use disposable latex gloves Then throw them away Wash hands Avoid eye contact with fluids use extreme caution when handing HIV body fluids
When preserving firearms as evidence what do you do (8)
Take picture of how it was found before touching it
Note the position of slide/bolt
Positions of exposed hammer, firing pin and safety
Lift weapons
Unload
Do not clean or strip weapon
Never place any object in barrel
Note location of cylinder and position of fired and unfired cartridges
When are Miranda warnings not necessary in an interview?
when the person is not a suspect
When you have PC or person becomes suspect read right immediatly
During the booking process what are the reasons for search (5)
Safety
Eliminate suicide risk or death in custody
AG’s office procedures for reporting suicide screening
Security of facility
Safeguard of prisoners’ personal property
What do you do differently with a female during the book in process
search brassiere
If wearing a dress they must lift it to show waist line and undergarments can be searched
When recording property how do you describe their property
Property: color, shape, size, ID characteristics, serial number, visible damage, emblems, design, inscription
Clothing: Male/female/adult/child/infant’s, color or pattern, size, makers label, laundry or dry cleaning marks, kind of material, type and design, general condition
What is the necessary booking date on a prisoner and on vehicle impound
Standard department paperwork
Personal data
Vehicle data
Arrest data
How many files does NCIC/TCIC contain for stolen/wanted property? What are they
10 Article Boat Canadian warrant CCH Gun LP Missing persons Securities Vehicles Wanted persons
What do you do if prisoner or officers have suffered bodily injury
Call for medical assistance
Photo offender
Photo Ofc
Write proper report
What are the results of a proper booking process? (6)
Complete and accurate records
Contraband won’t be introduced to facility
Additional charges may be filed if contraband found
Other agencies are notified if prisoner has warrants
Safety of all persons involved
Personal property of prisoner is correctly inventoried until they are released
What are the elements of preparation for testimony
Ofc testimony is vital to every criminal prosecution
Anticipation of logical questions - helps refresh memory
Have the facts and evidence of the case ready
Carefully study reports / evidence / interviews / notes
Failure to do so will often result in misstatements
What is the proper demeanor when called to testify
Uniformed ofc be in uniform / others business attire
Approach with confidence
Walk directly to stand or clerk’s desk to take oath
Don’t look at anyone
Follow the prosecutor’s direction
When is the ofc first called to testify
When prosecution presents the evidence demonstrating the guilt of the defendant
What are the 4 methods of court procedures
Direct examination
Cross examination
Redirect examination
Recross examination
What is direct examination
The prosecutor elicits facts from the officer
Direct testimony to whoever is making final decision
If defense objects stop talking until advised to continue or not
What does sustained mean
Ofc doesn’t answer question
What does overruled mean
Ofc does answer question
what is cross examination
The defense counsel will begin the questioning after the prosecution has finished with the witness
What is redirect examination
Follows the cross examination
Prosecutor may question to clarify things
What is recross examination
Defense may further question after redirect examination
What are the principles of Witnessmanship and explain them
Honesty - have modest demeanor / display a sincere interest
Brevity - be brief and to the point
Clarity - clarify any errors to jury
Objectivity - present yourself like your working in interest of justice
Emotional control - Don’t display anger or other emotions
What are defense tactics defense does? (4) (explain them)
Offensive - rapid fire questions
Condescending - try to ridicule
Friendly - An effort to lull witness into false statements
Badgering/Belligerent - provoking to lose emotional control and credibility with jury
What are the reasons for case management (3)
Have organized, easily understood account of the investigation
Identify serious weaknesses in the case
Help to ensure if case fails it’s not due to lack of preparation or mistakes
What are the values of properly prepared cases (3)
Prevent duplication of work
Prove efficiency
To be useful for review by prosecutor and grand jury
What items are included in a case folder (5)
Offense / supplemental reports Witness and victim's statements Voluntary confessions Fingerprint cards and comparison report from expert Other pertinent reports
What items are included in a summary
Case facts
Legality of arrest and seizure of evidence
Names of witnesses and nature or testimony
What are the reasons from properly prepared case files
Assist in prosecution
Review details with prosecution when filing charges
Review details with witness
Allows prosecutor to know what Ofc knows
