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BPOC 134 > Criminal Investigation > Flashcards

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.

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2
Q

What is bias?

A

A highly personal and unreasoned distortion of judgement

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3
Q

What is crime?

A

An act or omission forbidden by law

Punishable by fine, imprisonment, or death

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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.

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5
Q

What is a complainant?

A

Person requesting an investigation or that actions is taken

Often the victim of a crime

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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

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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.

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8
Q

What is evidence?

A

Anything to be offered in court to prove the truth or falsity of a fact in issue

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9
Q

What is fact?

A

Something known to be true

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10
Q

What is fence

A

One who receives and disposed of stolen property on a regular basis

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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

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12
Q

What is prejudice?

A

An opinion or leaning adverse to anything without just grounds or before obtaining sufficient knowledge

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13
Q

What is Modus Operandi

A

MO

A criminal’s characteristic method of operation

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14
Q

What is proof beyond reasonable doubt

A

Level of proof required to obtain a conviction in a criminal trial

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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

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16
Q

What is rapport

A

A feeling of ease and harmony in a contact or relationship between people

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17
Q

What is reasonable doubt

A

The level of certainty a juror must have to find a defendant guilty of a crime

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18
Q

What is a statement

A

A legal narrative description of events related to a crime

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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

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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

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21
Q

What is a victim

A

The person injured by a crime

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22
Q

What are the 4 criminal investigation tools

A

Information
Instrumentation or forensic science
Interviewing
Laws of arrest, search and seizure

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23
Q

What is information

A

The knowledge a criminal investigator gathers from other persons and other legit sources.

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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.

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25
Q

What is interviewing

A

The questioning of victims, witnesses, or suspects in a criminal investigation

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26
Q

What are the laws of arrest, search, and seizure?

A

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.

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27
Q

What are criminal investigation supposed to determine?

A

To the extent possible, the truth about how a crime occurred

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28
Q

What are the 5 goals of a criminal investigation

A

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

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29
Q

What is the significance in the criminal investigation process

A

To prove establishing that a crime has occurred

Necessary elements that constitute a crime

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30
Q

What is it essential to prove in criminal investigation

A

The corpus delicti
Elements of the crime

Why? To bring the matter before court to prove guilt or innocence

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31
Q

Where does the legal significance of evidence rest?

A

On the judge or juror

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32
Q

What SHALL the investigator collect to prove cause beyond a reasonable doubt

A

Corroborating evidence of the accused persons guilt in order to negate the defenses claims

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33
Q

What is essential for anyone conducting a criminal investigation?

A

Knowledge of basic fundamentals
Methods
Techniques of investigation

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34
Q

What must a criminal investigator strive for when conducting an investigation?

A

Objectivity

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35
Q

What are the 5 characteristics of a criminal investigator

A 
Suspicious
Curious
Observant
Unbiased and unprejudiced 
Develops rapport through interpersonal communication skills
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36
Q

What is suspicious?

A

Investigator takes nothing for granted

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37
Q

What is curious?

A

Desires to investigate and learn the facts and truth about people, places, or objects.

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38
Q

Criminal investigators must not attempt to what?

A

Exhibit expertise in all fields of law enforcement

Discuss the case details with anyone outside the PD

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39
Q

What is professional heavy criminal? (6)

A 
An individual who commits the crime or crimes of:
Burglary
White collar crimes
Larceny
Vehicle theft
Agricultural crimes 
Arson
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40
Q

What are the 9 professional criminals

A 
Thief
Semi-pro thief (unskilled) 
Burglar
Robber
Identify theft
Con artist / games / schemes
White coat crimes
Forgery / credit card abuse
Auto theft
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41
Q

What are UUMV offenders typically like

A

Joy riders

Typically juvenile with friends

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42
Q

What are transportation thieves?

A

Car “borrowers”

They abandon vehicle when they are done

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43
Q

What are use-in-crime car thieves like

A

They steal car for the purpose of committing crime

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44
Q

What are insurance fraud swindler car thieves?

A

Owner abandons vehicle in area he knows vehicle will be stripped.
May burn vehicle or dismantle it in junkyard

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45
Q

What do “strippers and dismantler” car thieves do?

A

Strippers - attack parked vehicle and remove parts

Dismantlers - tow it to chop shop

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46
Q

What do professional auto thieves do

A

Steal late model vehicles and resell them

May ship them

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47
Q

Identify the characteristics of street thieves (5)

A 
Encountered more by police
Often carry weapons
Take reckless chances
Steal to procure narcotics or alcohol
Most dangerous auto thieves
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48
Q

What are gray market vehicles

A

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

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49
Q

What is a salvage switch

A

Described as the altering of a vehicles identity by placing the serial number of a totaled car onto a stolen car

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50
Q

What are some problems with dealerships inventories

A

Only do it 30, 60, or 90 Days

Car can be gone for up to 3 months before anyone notices.

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51
Q

What are some problems with rental cars?

A

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

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52
Q

Identify crimes against persons (5)

A 
Homicide
Sex crimes
Assaults
Child/Elderly abuse
Hate crimes
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53
Q

What are the 9 categories of homicide

A 
Anger killing
Revenge / jealously killing
Triangle killing
Killing for profit
Random killing
Drive-by shooting 
Murder-suicide
Sex and sadism
Felony murder
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54
Q

What is anger killing

A

An extension of the crime of assault

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55
Q

What is revenge or jealousy killing

A

History of involvement between perpetrator and victim

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56
Q

What is triangle killing

A

Husband or wife kills spouse who has involved himself/herself with another lover

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57
Q

What is killing for profit

A

The elimination of another because it would result in profit for the murderer

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58
Q

What is random killing

A

Seemingly motive-less.

Most difficult for solve

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59
Q

What activity is associated with drive by shootings

A

Gang activity

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60
Q

What is murder-suicide?

A

Actor kills another then self

Not uncommon among elderly and mentally distraught

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61
Q

What is sex and sadism killing

A

Marked by unusual violence

May follow rape, acts of sexual perversion or sadistic acts

62
Q

What is felony murder

A

Death results from injuries received during the commission of some other felony

63
Q

Of the prison population in the US how many offenders are serving time for sexual offenses

A

1 out of 7

64
Q

How long does a person have to register as a sex offender

A

No later that the 7th day

Estimated 22,000 sex offenders on probation in Texas

65
Q

What are 4 methods of gaining sexual access to a person

A

Consents
Pressure
Force
Drug-facilitated sexual assault

66
Q

What 4 categories do adult sex offenders generally fall under?

A

Opportunistic
Sadistic
Anger
Power

(Review bullets in student guide for desc of each if needed)

67
Q

What is a pedophilia

A

An individual who has fantasies, urges or behaviors that involve illegal sexual activity with a child (generally under 13)

68
Q

What are pedophilic behaviors? (4)

A

Undressing children
Encouraging the child to watch the abuser masturbate
Touching or fondling the child genitals
Forcefully performing sexual acts on child

69
Q

What 2 categories do pedophiles fall under

A

Exclusively - attracted to only children

Nonexclusive - attracted to adults and kids

70
Q

What are the 2 main types of pedophiles

A

Situational

Preferential

71
Q

What are the characteristics of a situational pedophile (4)

A

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
Q

What are the subtypes of a situational pedophile and their breakdown

A

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
Q

What are the characteristics of a preferential child molester

A

Prefer children

Seeks children out

74
Q

What are the subtypes of a preferential child molester and their desc

A

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
Q

What are 3 important factors to look at when profiling molesters?

A

Victimization ritual
Method of selection
Abducting process

76
Q

What are the common psychological defenses patterns of pedophiles (5)

A 
Denial
Minimization
Justification
Fabrication
Attack
77
Q

What does generational cycle mean

A

Accept violence as normal
Have no concept of a healthy, happy home or relationship
Accepts violent parents as role models

78
Q

What % of prisoners come from violent homes

A

85%

79
Q

What do 3-6 year olds think when they are victim of abuse or sexual assault

A

Two dimensional thinking
Usually able to say who did it and show what happened
Usually unable to give complete narrative of incident

80
Q

What do 6-11 year olds think when they are victim of abuse or sexual assault

A 
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
Q

What do adolescents/teens think when they are victim of abuse or sexual assault

A

Probably magnified by family violence
Usually able to give narrative
Understands the implications of revealing the secret
Unable to forgive mother

82
Q

what are some typical characteristics of abusive parents

A 
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
Q

What are typical characteristics of mothers whose child was victim of family sexual assault (3)

A

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
Q

What are 3 major types of elder abuse

A

Neglect
Abuse
Exploitation

85
Q

What is hate crime

A

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
Q

What 2 things do you do when you have multiple witnesses

A

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
Q

What are the preliminary investigatory procedures for a homicide (14)

A 
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
Q

What are the preliminary investigatory procedures for assaults (6)

A 
Care for injured / record injuries 
Process scene
Determine type of dispute
ID weapons involved
Interview participants and witnesses
Prepare report
89
Q

What are the preliminary investigatory procedures for sexual assaults (7)

A 
Aid the victim
Preserve evidence
Document injuries
Photograph or videotape area
Interview witnesses if any
Interview Vic
Prepare report
90
Q

What are the preliminary investigatory procedures for child abuse and exploitation (5)

A 
Reconstruct the event
Determine if a crime was committed 
ID suspects
Take appropriate action to protect child
Prepare report
91
Q

What is an autopsy

A

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
Q

What do the autopsy reports usually provide?

A

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
Q

What is post Mortem lividity

A

Dark blue discoloration observable on parts of the body that are nearest to the ground

Appears about 2 hours after death

94
Q

What is rigor mortis

When does it start

A

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
Q

About how long does it take for rigor mortis to wear off

A

Disappears within 36 hours

Can take 8-10 hours to disappear

96
Q

What is the normal body temp?

A

98.6

97
Q

What is putrefaction

A 
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
Q

What is cadaveric spasms

A

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
Q

What is an atomic absorption test for

A

It determines quantitative and proportional concentrations of specific elements in materials through the analysis of a vaporized sample

100
Q

What is laser examination test for

A

May still he used in some jurisdictions for detections of fingerprints and examination of questioned documents

101
Q

What is DNA fingerprinting useful for

A

Examining blood stains, hair roots, semen, vaginal flooded.

Dioxyribonucleic acid

102
Q

What is luminal

A

A chemical method of detecting latent blood

103
Q

What should be determined upon arrival

A

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
Q

What type of identity info do you obtain

A 
Name 
DOB
Address 
Home/Work phone number
Place of employment
Other data like: DL number or LP number
105
Q

What are the methods of crime scene searches? (6)

A 
Point to point
Stripe search (thorough) 
Quadrant (or sector) search
Circular search
Area search
Aerial search
106
Q

Explain point to point search

A

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
Q

What is a strip search for crime scene?

A

Most effective outside
Stakes and lines are useful for setting up lanes
Natural landmarks can be used as boarders

108
Q

What is a quadrant search

A

Effective inside and outside if they have regular patterns or defined borders.

109
Q

What is circular search

A

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
Q

What is an area search

A

Effective in examining specific and small area with defined borders, such as landscaped areas, bushes, paths, and sidewalk.

111
Q

What is an aerial search

A

May employ infrared film for discovery of such things as gravesites

112
Q

When may an officer leave the scene

A

When released from responsibility
When not needed
When directed to do so

113
Q

What are the elements and procedures of crime scene photography

A

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
Q

What is a sketch?

A

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
Q

What are the 2 methods of measuring & explain them

A

Triangle - Made from two or more fixed points to intersect at the location of object
Rectangulation - Objects are located using 2 perpendicular lines

116
Q

What are the 4 types of sketches

A

Perspective - 3 dimensional
Projection
Schematic
Detailed

117
Q

What is a perspective sketch?

A

Objects are drawn to show them as they appear to the eye

Most useful when no camera is available

118
Q

What is a projection sketch?

A

It’s most frequently used

Sketch as seen from above the scene

119
Q

What is a schematic sketch?

A

Represents an orderly combination of events which have occurred

120
Q

What is a detailed sketch?

A

Describes small area

not to scale

121
Q

Explain chain of custody and what it maintains

A

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
Q

What does the chain of custody account for

A 
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
Q

What are the categories of evidence that should be collected (4)

A

Fruits of the crime
Tools of the crime
Contraband
Mere evidence

124
Q

How do you properly preserve evidence while packing (6)

A 
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
Q

What are the safety precautions to take when preserving evidence (5)

A 
Use disposable latex gloves
Then throw them away
Wash hands
Avoid eye contact with fluids
use extreme caution when handing HIV body fluids
126
Q

When preserving firearms as evidence what do you do (8)

A

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
Q

When are Miranda warnings not necessary in an interview?

A

when the person is not a suspect

When you have PC or person becomes suspect read right immediatly

128
Q

During the booking process what are the reasons for search (5)

A

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
Q

What do you do differently with a female during the book in process

A

search brassiere

If wearing a dress they must lift it to show waist line and undergarments can be searched

130
Q

When recording property how do you describe their property

A

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
Q

What is the necessary booking date on a prisoner and on vehicle impound

A

Standard department paperwork
Personal data
Vehicle data
Arrest data

132
Q

How many files does NCIC/TCIC contain for stolen/wanted property? What are they

A 
10
Article
Boat
Canadian warrant
CCH
Gun
LP
Missing persons
Securities 
Vehicles
Wanted persons
133
Q

What do you do if prisoner or officers have suffered bodily injury

A

Call for medical assistance
Photo offender
Photo Ofc
Write proper report

134
Q

What are the results of a proper booking process? (6)

A

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
Q

What are the elements of preparation for testimony

A

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
Q

What is the proper demeanor when called to testify

A

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
Q

When is the ofc first called to testify

A

When prosecution presents the evidence demonstrating the guilt of the defendant

138
Q

What are the 4 methods of court procedures

A

Direct examination
Cross examination
Redirect examination
Recross examination

139
Q

What is direct examination

A

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
Q

What does sustained mean

A

Ofc doesn’t answer question

141
Q

What does overruled mean

A

Ofc does answer question

142
Q

what is cross examination

A

The defense counsel will begin the questioning after the prosecution has finished with the witness

143
Q

What is redirect examination

A

Follows the cross examination

Prosecutor may question to clarify things

144
Q

What is recross examination

A

Defense may further question after redirect examination

145
Q

What are the principles of Witnessmanship and explain them

A

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
Q

What are defense tactics defense does? (4) (explain them)

A

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
Q

What are the reasons for case management (3)

A

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
Q

What are the values of properly prepared cases (3)

A

Prevent duplication of work
Prove efficiency
To be useful for review by prosecutor and grand jury

149
Q

What items are included in a case folder (5)

A 
Offense / supplemental reports
Witness and victim's statements
Voluntary confessions
Fingerprint cards and comparison report from expert
Other pertinent reports
150
Q

What items are included in a summary

A

Case facts
Legality of arrest and seizure of evidence
Names of witnesses and nature or testimony

151
Q

What are the reasons from properly prepared case files

A

Assist in prosecution
Review details with prosecution when filing charges
Review details with witness
Allows prosecutor to know what Ofc knows

BPOC 134 (7 decks)

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