Criminal Investigation Test 2 Flashcards
Common important factors to Interviewing and Interrogations
1) Planning
2) Controlling surroundings
3) ESTABLISHING RAPORT
4) Asking good questions
5) Careful listening
6) proper documentation
Interviews
Conducted for the purpose of gathering information from people who have, or may have, knowledge needed in the investigation
3 requirements of being a witness
1) Presence
2) Consciousness
3) attentiveness
Interrogation
adversarial in nature and intended to obtain valid incriminating information, and ideally a confession in a case
4 commonly recognized objectives in the interrogation process
1) To obtain valuable facts
2) To eliminate the innocent
3) To identify the guilty
4) To obtain a confession
Most common type of interview?
On the scene interview
Important interrogation room set ups
1) No barriers between interviewer and interviewee
2) close enough to touch without being too close
3) two way mirror should be small and unobtrusive
Brown v. Mississippi 1936
- FREE AND VOLUNTARY RULE
- Due Process Clause (14th) prevents prosecution from using info in a confession that resulted from the use of force by police
- Conviction was based solely on confession
- Case of murder
- 3 black men, vic Raymond
- All white juries
Escobedo v. Illinois 1964
- police refused his repeated requests to see his lawyer
- 6th violated
- Confession inadmissible
Davis v. United States 2011
- pool table wager $30
- Davis says maybe I should talk to a lawyer
- Kept talking then definitively said wanted lawyer
- Courts said too ambiguous of request
- Evidence admissable
- Don’t have to clarify
Berghuis v. Thompkins
- Charged with murder, assault and firearms charges
- argued confession was obtained by 5th violation bc Thompkins refused to sign acknowledgement and made almost no eye contact
- Court rejected claim about 5th violation
- Could not show prejudice by council’s deficient performance
Salinas v. Texas
- agreed to accompany officers to be questioned, not under arrest, had not been given Miranda.
- After specific question stopped answering
- Evidence was found
- Charged with murder but could not be found
- Tried and fought against evidence of silence
- Does 5th Self-Incrimination Clause protect defendant’s refusal to answer questions asked by law enforcement before he has been arrested or read his Miranda rights?
- No, 5th does not extend to defendants who choose to remain silent.
Rhode Island v. Innis
- Must be expressed questioning
-Picture ID - unarmed during arrest
- advised Miranda and asked to see lawyer
- Officers began discussing robbery in front of Innis during car ride.
- Innis told them where gun was.
- Did this violate Miranda
- NO,
Mitchell v. United States
- Does a guilty plea in federal court waive defendant’s 5th privilege against self incrimination during sentencing?
- When defendant invokes 5th privilege during sentencing may a trial court draw an adverse inference from the defendant’s silence?
- No and no
Brewer v. Williams
- escaped from mental hospital
- Man saw Williams carrying a large bundle with legs in it.
- Cops agreed not to interrogate during ride, but made comments and got incriminating statements
- claim of 6th amendment violation on right to council
- Was Williams denied council and did he waive his rights when leading detective to girls body?
- Yes, no
Daubert v. Merrell Dow Pharmaceuticals
- ## An expert may testify about scientific knowledge that assists the jury in understanding the evidence or determining a fact in issue in the case. Factors that a judge should consider include whether the theory or technique in question can be and has been tested, whether it has been subjected to peer review and publication, its known or potential error rate, the existence and maintenance of standards controlling its operation, and whether it is widely accepted in the relevant scientific community.
Maryland v. King
- act allows collection of DNA samples from individuals who are arrested for a crime of violence
- DNA of King was collected and logged
- DNA matched for rape and he was convicted
- claimed 4th infringement
- Does the Fourth Amendment allow states to collect and analyze DNA from people arrested, but not convicted, of serious crimes?
- Yes
What was established first, Fingerprint bureaus or crime laboratories?
Fingerprint bureaus by 3 decades
James F. Cowger
Helped to correct idea that fingerprint work was not a lab job
- wrote Friction Ridge Skin
Classification details focus on what for fingerprints?
Line patterns
Individualization (comparison) details focus on what with fingerprints?
deviations from a straight or curved continuous ridge line.
The ridge line patterns represent what
Class characteristics
Ridge line deviation details represent
Individual characteristics
Three basic patterns of fingerprints
1) Loops (60-65)
2) Whorls (25-30)
3) arches (5-10)
What are fingerprint patterns used for?
To classify not individualize a print
Division of arch type fingerprints?
1) plain
2) tented
How are loops divided?
1) radial (leads out toward thumb)
2) Ulner (leads out toward little finger)
Which is more common, ulnar or radial loops
Ulnar
Subdivisions of whirls
1) plain
2) central pocket
3) double loop
4) accidental
Criminalist define ridge line divergences as what?
Individual characteristics
The latent print examiner defines ridge line divergences as what
Points of identification
three sources of fingerprint exemplars
1) police fingerprint files
2) a set of prints taken from a suspect who has no arrest or fingerprint record
3) a set of prints taken from each person who frequents the area in which the latent print was found
Elimination prints
used to determine whether the laten print is that of a stranger or someone who is customarily present
Minimum number of points needed to ID a print in sever countries
France - 17
England - 16
Spain - 10 - 12
US - 12
What does the IAI have to say about point identification
There is no valid basis for requiring a pre-determined number of friction ridge characteristics before a positive ID
Competency
a witness’s personal qualifications for testifying in court
free-and-voluntary rule
came from Brown v. Mississippi
states that any kind of coercion makes a confession inadmissable
McNabb v. United States
- WITHOUT UNECESSARY DELAY
- PROMT ARRAIGNMENT RULE
- Bootlegging case
- Held for several days before confessing
- Court held that time held without bringing him before a committing officer made his confession inadmissible
-reaffirmed in Mallory v. United States - ONLY APPLICABLE FEDERALLY
- Made DELAY -IN-ARRAIGNMENT rule
Miranda v. Arizona
- Gave us Miranda Rights
- Clarified Escobedo
- Spelled out requirements and procedures to be followed when giving an in custody interrgations
Minnik v. Mississippi
- Court held that once counsel is requested interrogation must cease and not be reinitiated without council being present.
- Edwards v. Arizona also supports this saying there can be no questioning after suspect asks for counsel or information is inadmissible
Berkmer v. McCarty
- MIranda applies to interrogation of an arrested person regardless of if offense is felony or mis
Interrogation
any express questioning or any verbal or nonverbal behavior by a law enforcement officer that is designed to elicit an incriminating statement or response from the suspect of a crime.
Mirroring
- Also called ixopraxis
- shows comfortableness.
Specific signs of deception
- Lack of emphasis in hand behavior
- Swearing to the truthfulness of assertions
- ## The rogatory position (hands outstretched arms in front of bodies with palms up)
Rogatory position
If making strong statement about innocence and hands are up, the individual is supplicating to be believed, and such a statement should be highly suspect
Who made the first working polygraph
John Larson
Computer voice stress analysis (CVSA)
- Originally developed by National Institute for Truth Verification (NITV)
- Notes microvariations in the audible and nonaudible portions of speech.
- Smaller and easier to take with that polygraph
Field notes
shorthand written record by police from time arrived at scene until assignment is complete
Field notes serve what purposes
- the foundation of incident reports
- to help with memory
- For court
- show thorough investigation
- documented inconsistency
- Shoes accuracy and integrity of incident report
- can ensure evidence is admitted
- contribute to community perception
Incident/offense reports
- permanent record of what officer learns through senses and does from the time of arrival to the time of departure from a scene that requires one to be initiated
Supplemental reports
- add pertinent information to the incident report file
Unform Crime Reporting (UCR)
- Run by FBI
- Releases Crime data in all of each year
Common Elemens of incident reports
- Name
- Gender/Race/Ethnicity/
- Age
- PHysical and Email addresses
- Telephone, Cell phone, pager number
- Personal description
- Property Description
- Occupation
- Value
- Date
- Time
How is the extra information entered that cannot fit on an incident report
Narrative Style
Disposition of incident reports
- case is retained for further investigation by uniformed officers
-case is unfounded - case is inactivated for lack of leads and will not receive further investigation unless new information is received
- It may be referred for follow-up investigation by the Detective Division, the Criminal Investigation Bureau or some similarity titled unit
- Case is closed
Solvability factors
- elements of information that have been demonstrated to correlate the higher probabilities of investigative success
Common solvability factors
- Is suspects ID known
- Can suspect’s ID be established
- Did security camera capture something
- Is there a witness
- ## can suspect be described
Investigative plan (IP)
shows what lines of inquiry will be pursued and any special resources needed-for instance the assistance of a surveillance unit.
Consensual contacts
- where the person can leave
Stops
- a contrast to a consensual contacts
Field Contact Report (FCR) or Field Information Report (FIR)
- tells you who is running with who and where they frequent,
- what car they are driving
Bureau of Alcohol, Tabaco, and Firearms (ATFE)
- trains firearms examiners and operates NIBIN
- ballistic intelligence database
El Paso Intelligence Center (EPIC)
- became in 1974
- Intelligence center to collect and disseminate information about aliens, drugs, weapons smuggling, and other activities
National Drug Pointer Index (NDPI)
- operational in 1997
- promotes agent safety and prevents duplication of effort
National Counter-Improvised Explosives Device Capabilities Analysis Database (NCCAD)
- seeks ways to improve the capabilities, training, and equipment of those responsible for responding to IED threats
National Drug Index (NDI)
- promotes agency safety and prevents duplication of effort
National Center for the Analysis of Violent Crime (NCAVC)
- provide behavioral-based analytical support to federal, state, local, and international law enforcement agencies
Violent Criminal Apprehension Program (ViCAP)
- provides advice and support for a range of cases, including child abductions, serial rapes and murders, and cybercrime
Next Generation Identification (NGI) Program
- producing the world’s largest set of biometric data to supplement its fingerprint records
- Released AFIT
AFIT
Advanced Fingerprint Identification Technology
Law Enforcement Intelligence Unit (LEIU)
- formed in 1956 y 29 local and state law enforcement agencies to exchange information about organized crime not available through normal police channels
National Law Enforcement Telecommunication System (NLETS)
- handles 1.5 billions transactions daily for LE and other criminal justice agencies
Accurint for Law Enforcement (ALE)
an example of a group of high-end providers of information and information services that go beyond credit cards
Social network sites (SNS)
- category of websites that contain personal profiles and that may offer dating or other such services for example Facebook
Types of surveillance
- Physical surveillance
- Casual surveillance
- Formal surveillance
- Long-term surveillance
- Technical/electronic surveillance
Show-up
- allows the police to conduct an immediate eyewitness identification of someone they have temporarily detained
- One witness at a time is brought to view the person temporarily detained
Photo array lineup
a procedure in which a series of usually 6 photos are shown sequentially to a witness.
Live lineup
- a process in which a series of real people are who to an eyewitness to establish whether they can pick out the suspect
- usually appear simultaneously
Staged crime scenes
- crime scene is set up to appear different then what happened
- abut 3% of all cases show some element of staging
Primary fusion center
- typically provides information sharing and analysis for an entire state.
- highest priority for allocation of avialible federal resources
Recognized fusion center
- Typically provides information sharing and analysis for a major urban area
Types of intelligence
- Indicative intelligence
- Tactical intelligence
- Strategic intelligence
- Evidential intelligence
“Open source intelligence” (OSINT)
Sources available to everyone
Crime analysis
- relies on a set of quantitative and qualitative techniques to analyze data valuable to police agencies and their communities
- has analysis of crime, criminals, crime victims, disorder, quality of life etc.
Types of crime analysis
- tactical crime analysis
- Strategic crime analysis
- Administrative crime analysis
Trends
general tendencies in the occurrence of crime across large geographic areas over extended periods of time
Series
same type of crime is committed over a short period of time, probably by the same offender
Sprees
- When same type of offense is committed at almost the same time by the same offenders it is called a spree
Hot spot
- location where various crimes are committed on a regular basis, usually by different people
Crimogen
an individually known offender who is responsible for a large number of crimes or one victim who reports a large number of crimes.
What is at the heart of all CSR?
Scientific method
Remote sensing
the process of collecting and analyzing information about areas, objects, or events without being in contact with the focus of analysis
Crime laboratories
- more than 400 states
- engage in a wide range of services including DNA tests, controlled substance analyses, and latent fingerprint examination - receiving a combined total around 5 million requests for services within a year.
American Society of Crime Laboratory Directors (ASCLD)
- board that decides what should be the purpose, function, and services of crime laboratories
Where is the cause of death determined
a morgue
Frye v. United States
- ruled inadmissible the results of a “deception test”, an early version of the polygraph.
- Said that for results of a scientific technique to be admissible, the technique must be sufficiently established to have gained general acceptance in its particular field
Rule of evidence
- provided that if scientific, technical, or other specialized knowledge will help the trier of fact understand the evidence nor detering a fact in issue such evidence is admissible.
Deoxyribonucleic acid (DNA)
consists of molecules that carry the body’s genetic information and establish each person as separate and distinct.
nucleic DNA
- found in cells with that have a nucleus
mitochondrial DNA (mtDNA)
- found in mitochondria
- inherited from mother
- serves as marker for maternal family
Genetic genealogy
- familial DNA searches
Automated Fingerprint Identification System (AFIS)
- morphed into Integrated Automated Fingerprint Identification System (IAFIS)
IAFIS
included both fingerprint records and criminal history database with identification and response capabilites
Advanced Fingerprint Identification Technology (AFIT)
- Now holds NGI data on fingerprints
- offers enhanced fingerprints
- latent processing services
National Integrated Ballistic Information Network (NIBIN)
- integrates all the elements of Ceasefire and Brasscatcher and Drugfire
FBI Crime Laboratory
- one of the largest and most comprehensive forensic laboratories and is the only full-service forensic laboratory
Madrid Bombing Case
- Brandon Mayfield was wrongly accused based on fingerprints
Organizations that have implemented ethics codes in forensics
- The American Society of Crime Laboratory Directors
- the American Board of Criminalistics
- the Council for the Registration of Forensic Practitioners
How many wrongful convictions are overturned by DNA ?
350
How many of wrongful convictions overturned by DNA involve false confession
25%
Deuteronomy 19:15
2 or 3 witnesses
What is necessary for MIRANDA
CUSTODY
QUESTIONING
Ashcroft v. Tenessee
- 36 hours of continuous interrogation
- Makes accused’s confession coerced
Spano v. New York
Psychological pressure is still coercion
5 manners of death
- Natural
- Accidental
- Homicide
- Suicide
- Unexplained
