Criminal Investigation Flashcards
1
Q
What is criminal investigation?
A
The process of legally gathering evidence of a crime that has been or is being committed.
2
Q
What is bias?
A
A highly personal and unreasoned distortion of judgement
3
Q
What is crime?
A
An act or omission forbidden by law
Punishable by fine, imprisonment, or death
4
Q
What is circumstantial evidence?
A
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.
5
Q
What is a complainant?
A
Person requesting an investigation or that actions is taken
Often the victim of a crime
6
Q
What is corpus delicti
A
Literally means the body or substance of the crime
Law term: to proof establishing that a crime has occurred
7
Q
What is the definition of elements of a crime
A
Conditions that must occur for an act to be called a specific kind of crime.
8
Q
What is evidence?
A
Anything to be offered in court to prove the truth or falsity of a fact in issue
9
Q
What is fact?
A
Something known to be true
10
Q
What is fence
A
One who receives and disposed of stolen property on a regular basis
11
Q
What is field identification
A
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
12
Q
What is prejudice?
A
An opinion or leaning adverse to anything without just grounds or before obtaining sufficient knowledge
13
Q
What is Modus Operandi
A
MO
A criminal’s characteristic method of operation
14
Q
What is proof beyond reasonable doubt
A
Level of proof required to obtain a conviction in a criminal trial
15
Q
What is probable cause
A
Evidence that warrants a person of reasonable caution in the belief that a crime has been committed or is being committed
16
Q
What is rapport
A
A feeling of ease and harmony in a contact or relationship between people
17
Q
What is reasonable doubt
A
The level of certainty a juror must have to find a defendant guilty of a crime
18
Q
What is a statement
A
A legal narrative description of events related to a crime
19
Q
What is a suspect
A
A person considered to be directly or indirectly connected with a crime, either by overt act or by planning and/or directing it
20
Q
What is a witness
A
A person who saw a crime or some part of it being committed or who has relevant information
21
Q
What is a victim
A
The person injured by a crime
22
Q
What are the 4 criminal investigation tools
A
Information
Instrumentation or forensic science
Interviewing
Laws of arrest, search and seizure
23
Q
What is information
A
The knowledge a criminal investigator gathers from other persons and other legit sources.
24
Q
What is instrumentation or forensic science?
A
The techniques that help in the solution of the crime.
Consists of fingerprints, serology, ballistics, and DNA, etc.
25
What is interviewing
The questioning of victims, witnesses, or suspects in a criminal investigation
26
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.
27
What are criminal investigation supposed to determine?
To the extent possible, the truth about how a crime occurred
28
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
29
What is the significance in the criminal investigation process
To prove establishing that a crime has occurred
| Necessary elements that constitute a crime
30
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
31
Where does the legal significance of evidence rest?
On the judge or juror
32
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
33
What is essential for anyone conducting a criminal investigation?
Knowledge of basic fundamentals
Methods
Techniques of investigation
34
What must a criminal investigator strive for when conducting an investigation?
Objectivity
35
What are the 5 characteristics of a criminal investigator
```
Suspicious
Curious
Observant
Unbiased and unprejudiced
Develops rapport through interpersonal communication skills
```
36
What is suspicious?
Investigator takes nothing for granted
37
What is curious?
Desires to investigate and learn the facts and truth about people, places, or objects.
38
Criminal investigators must not attempt to what?
Exhibit expertise in all fields of law enforcement
| Discuss the case details with anyone outside the PD
39
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
```
40
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
```
41
What are UUMV offenders typically like
Joy riders
| Typically juvenile with friends
42
What are transportation thieves?
Car “borrowers”
| They abandon vehicle when they are done
43
What are use-in-crime car thieves like
They steal car for the purpose of committing crime
44
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
45
What do “strippers and dismantler” car thieves do?
Strippers - attack parked vehicle and remove parts
| Dismantlers - tow it to chop shop
46
What do professional auto thieves do
Steal late model vehicles and resell them
| May ship them
47
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
```
48
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
49
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
50
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.
51
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
52
Identify crimes against persons (5)
```
Homicide
Sex crimes
Assaults
Child/Elderly abuse
Hate crimes
```
53
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
```
54
What is anger killing
An extension of the crime of assault
55
What is revenge or jealousy killing
History of involvement between perpetrator and victim
56
What is triangle killing
Husband or wife kills spouse who has involved himself/herself with another lover
57
What is killing for profit
The elimination of another because it would result in profit for the murderer
58
What is random killing
Seemingly motive-less.
| Most difficult for solve
59
What activity is associated with drive by shootings
Gang activity
60
What is murder-suicide?
Actor kills another then self
| Not uncommon among elderly and mentally distraught
61
What is sex and sadism killing
Marked by unusual violence
| May follow rape, acts of sexual perversion or sadistic acts
62
What is felony murder
Death results from injuries received during the commission of some other felony
63
Of the prison population in the US how many offenders are serving time for sexual offenses
1 out of 7
64
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
65
What are 4 methods of gaining sexual access to a person
Consents
Pressure
Force
Drug-facilitated sexual assault
66
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)
67
What is a pedophilia
An individual who has fantasies, urges or behaviors that involve illegal sexual activity with a child (generally under 13)
68
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
69
What 2 categories do pedophiles fall under
Exclusively - attracted to only children
| Nonexclusive - attracted to adults and kids
70
What are the 2 main types of pedophiles
Situational
| Preferential
71
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
72
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
73
What are the characteristics of a preferential child molester
Prefer children
| Seeks children out
74
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
75
What are 3 important factors to look at when profiling molesters?
Victimization ritual
Method of selection
Abducting process
76
What are the common psychological defenses patterns of pedophiles (5)
```
Denial
Minimization
Justification
Fabrication
Attack
```
77
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
78
What % of prisoners come from violent homes
85%
79
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
80
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
```
81
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
82
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
```
83
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
84
What are 3 major types of elder abuse
Neglect
Abuse
Exploitation
85
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
86
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
87
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
```
88
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
```
89
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
```
90
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
```
91
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
92
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
93
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
94
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
95
About how long does it take for rigor mortis to wear off
Disappears within 36 hours
| Can take 8-10 hours to disappear
96
What is the normal body temp?
98.6
97
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
```
98
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
99
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
100
What is laser examination test for
May still he used in some jurisdictions for detections of fingerprints and examination of questioned documents
101
What is DNA fingerprinting useful for
Examining blood stains, hair roots, semen, vaginal flooded.
Dioxyribonucleic acid
102
What is luminal
A chemical method of detecting latent blood
103
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
104
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
```
105
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
```
106
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
107
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
108
What is a quadrant search
Effective inside and outside if they have regular patterns or defined borders.
109
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
110
What is an area search
Effective in examining specific and small area with defined borders, such as landscaped areas, bushes, paths, and sidewalk.
111
What is an aerial search
May employ infrared film for discovery of such things as gravesites
112
When may an officer leave the scene
When released from responsibility
When not needed
When directed to do so
113
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
114
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
115
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
116
What are the 4 types of sketches
Perspective - 3 dimensional
Projection
Schematic
Detailed
117
What is a perspective sketch?
Objects are drawn to show them as they appear to the eye
| Most useful when no camera is available
118
What is a projection sketch?
It's most frequently used
| Sketch as seen from above the scene
119
What is a schematic sketch?
Represents an orderly combination of events which have occurred
120
What is a detailed sketch?
Describes small area
| not to scale
121
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
122
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
```
123
What are the categories of evidence that should be collected (4)
Fruits of the crime
Tools of the crime
Contraband
Mere evidence
124
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
```
125
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
```
126
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
127
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
128
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
129
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
130
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
131
What is the necessary booking date on a prisoner and on vehicle impound
Standard department paperwork
Personal data
Vehicle data
Arrest data
132
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
```
133
What do you do if prisoner or officers have suffered bodily injury
Call for medical assistance
Photo offender
Photo Ofc
Write proper report
134
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
135
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
136
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
137
When is the ofc first called to testify
When prosecution presents the evidence demonstrating the guilt of the defendant
138
What are the 4 methods of court procedures
Direct examination
Cross examination
Redirect examination
Recross examination
139
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
140
What does sustained mean
Ofc doesn't answer question
141
What does overruled mean
Ofc does answer question
142
what is cross examination
The defense counsel will begin the questioning after the prosecution has finished with the witness
143
What is redirect examination
Follows the cross examination
| Prosecutor may question to clarify things
144
What is recross examination
Defense may further question after redirect examination
145
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
146
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
147
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
148
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
149
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
```
150
What items are included in a summary
Case facts
Legality of arrest and seizure of evidence
Names of witnesses and nature or testimony
151
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
