Criminal Investigations Flashcards
1
Q
What are some defense tatics used in court?
A
Offensive, condescending, friendly and badgering/belligerent.
2
Q
What are the principles of effective testimony?
A
Honesty, brevity, clarity, objectivity, and emotional control.
3
Q
What is the four methods of questioning in court?
A
Direct, cross, re-direct and re-cross examination.
4
Q
What is on the line for the officers and the department based on an officers apperance and demeanor in court?
A
The reputation can be enhanced or diminished.
5
Q
A proper booking process will have what type of records?
A
Complete and accurate
6
Q
What is a legal narrative description of events related to a crime
A
A statement
7
Q
What is VICAP
A
Violent Crime Apprehension Program
8
Q
When dealing with a uncooperative inmate you must maintain what?
A
Your emotions and prejudices
9
Q
what is the number one reason to search a prisioner?
A
Saftey
10
Q
What is the best location for an interview?
A
An area that is controlled by the officers
11
Q
What is the first thing to do in a interview/interrogation?
A
build rapport
12
Q
What determines if you are required to read a person thier Miranda Rights?
A
If they are in custody
13
Q
How do you conduct interviews with multiple witnesses?
A
Seperate them and interview them one at a time.
14
Q
What is the preliminary duty in crimes against property?
A
Establish if a crime was committed, transmit over the radio any suspect information and locate potential witnesses.
15
Q
When you arrive at a death scene, what is one of the most important things to do?
A
Seal the crime scene, identify the victim and witnesses.
16
Q
What do we document for a field idetification?
A
Date/Time, location, witness own words and thier certainity
17
Q
In a field identification what is the process for getting the detained person identified?
A
Take the witness to the detained person, don’t take the detained person away from his location.
18
Q
What type of criminal is prone to violence when interrupted?
A
Semi-Professional thief
19
Q
If the steering column is broken or has a screwdriver sticking in it what would you think?
A
The vehicle is stolen.
20
Q
If the vehicle’s window is broken out, what might you think about the vehicle?
A
That it is stolen
21
Q
What is it called when the criminal is changing the VIN plates and re-registering the vehicle?
A
Salvage Switch
22
Q
What is the professional thief’s motive for the crime?
A
Profit
23
Q
What are characteristics of a Detective?
A
Suspicious, Curious, Observant, Unbiased and unprejudiced, rapport through communication skills, logical thinking and problem solving.
24
Q
The legal significance of evidence rests in its influence on?
A
The Judge or Jury
25
What are the goals for a Criminal Investigator?
If a crime was committed, legally obtain evidence, legally arrest the suspect, recover property, present the best case possible. To the extent possible determine the truth about how a crime occured.
26
What are the four tools of Criminal Detectives?
Information, instrumentation of forensic science, interviewing and laws of arrest, search and seizure.
27
Literally means the body or substance of the crime. In the law the term refers to proof establishing that a crime has occurred; the necessary elements that constitute a crime
Corpus Delicti
28
Person requesting and investigateion or that action is taken. Is often the victim of crime.
Complainant
29
Not based on actual personal knowledge or observation of the facts in controversy, but of other facts from which deductions are drawn, showing indirectly the facts sought to be proved.
Circumstantial Evidence
30
An act or omission forbidden by law and punishable by a fine, imprisonment, or even death. Crimes and thier penalties are established and defined by state and federal statutes and local ordinances.
Crime
31
A highly personal and unreasoned distortion of judgement.
Bias
32
A _________ is the process of legally gathering evidence of a crime that has been or is being committed.
Criminal Investigation
33
Reasons for case management during an investigation?
To have an organized, easily understood, factual and thorough account, identify serious weaknesses, assure failure to prosecute was not the officers fault.
34
Person requesting an investigation or that action is taken. Is often the victim of a crime.
Complainant
35
One who receives and disposes of stolen property on a regular basis
Fence
36
on the scene identification of a suspect by the victim or withness to a crime, conducted with in minutes of the comission of a crime.
Field Identification
37
What is a MO?
Modus Operandi
A criminals characteristic method of operation
38
What is the level of proof required to obtain a conviction in a criminal trial?
Proof beyond a resonable doubt.
39
What is a legal narritive description of events related to a crime?
A statement
40
What is the definition of rapport?
A feeling of ease and harmony in a contact or relationship between people.
41
The basic task of a criminal investigator is to determine what?
The truth... Gather all the information that proves or disproves a person involvement in a criminal act or omission. Not all crimes are solvable.
42
What must be done to negate the defense claims?
The investigator shall collect corroborating evidence of the accused persons guilt.
43
What are the types of professional criminals?
Professional Thief
Semi-Professional Thief
Burglar
Robber
Street Thieves
44
The ability to apply logic when comparing a person's behaviour to their statements and their expressed motivations.
Logical thinking
45
Professional thief
Profit Motive
Often work in conjuction with criminal receivers (fences)
45
The ability to think of other possible ways to accomplish a task or to secure certain information or evidence.
Creative problem solving.
46
Con Artists/Con Games or Schemes
Often prey on elderly
Tend to be non-violent
frequently work with partners
46
Semi-professional (unskilled) thief
More Likely to resort to violence
Less rational than "professional" counterpart
trying to get money for drugs
47
Robber
Indicates a tendency to use violence on a stranger
May specialize in specific targets i.e. banks, jewelry stores, home invasion
Classed according to style
48
Burglar
Has ability to gain entry to premises by stealth or defeating locks, alarms.
49
The Achilles Heel (weakness) of property crime is?
The disposal of the stolen property.
50
Forgery and Credit Card Abuse
Least violent of offenders
Offense occurs when document is presented
51
Street Thieves
Often carry weapons and take reckless chances
usually stealing for trading material to procure drugs and alcohol
most dangerous auto thieves
52
After documenting details of property stolen what else must you collect.
Estimated values of the property.
53
Procedures for determining whether a vehicle has been impounded or repossessed in auto theft reports.
-Check stolen reports
-NCIC, TCIC
-Check with dispatch
-check with Lein holder
-determine date and time that vehicle was found to be missing.
54
History of involvement between perpetrator and victim.
Revenge or jealousy killing
55
Criminal Homicide 9 categories:
Anger Killing
Revenge or Jealousy Killing
Triangle Killing
Killing for Profit
Random Killing
Drive By SHooting
Murder suicide
Sex and Sadism
Felony Murder
56
An extension of the crime of assult. Dispute-anger -attack death - cycle of violence
Anger Killing
57
Husband or wife kills spouse who has involved himself/herself with another lover.
Triangle Killing
58
The elimination of another because it would result in profit for the murder.
Killing for profit
59
Random Killing
Seemingly motive-less. Most difficult to solve
60
Actor kills another then self
Murder suicide
61
Marked by unusual violence. May follow rape, acts of sexual perversion or sadistic acts.
Sex and Sadism
62
Death results from injuries received during the commission of some othe rfelony
Felony murder
63
In an infant death avoid using the folowing terms that reflect a medical diagnosis
SID Sudden Infant Death
SUID Sudden Unexpected Infant Death
64
In infant fatalities the responding officers responsibilities are?
Do not move, touch or cover the deceased
Ask questions:
Where was the infant found, position is critical
Make notes of the position of head or bruises on the body
Get a general timeline
Photographs are vital to an investigation (taken by trained crime scene photographer)
65
Sex offenders shal register NLT then what day?
The seventh day after the arrival in the municipality or county
66
Sexual assults are?
Acts of vilence not crimes of sexual desire. The perp is exercising power over the victim.
67
Means of control is of importance in the classification of Sexual Assult
Force or the threat of force
Administering of drugs
Incapacity of victim to consent.
68
Assaults:
In may cases the victim know the assailant
Aggravated assaults are often failed murder attempts.
69
The three Major types of Elder abuse
(NAE)
Neglect
Abuse
Exploitation
70
Elder cases
Elder abuse cases are often difficult to investigate because of the diminished capacity of many victims.
* Many elder abuse cases involve caretaker neglect by nursing facilities or family.
* Elder abuse often involves physical abuse by family members (willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment)
* Elders are often exploited for their government assistance checks
71
what is a hate crime
A criminal offense against a person or property which is motivated, in whole or in part, by the offender's bias against race, religion, ethnic/national origin group, or sexual orientation group.
72
what are the general procedures for conducting field identifications?
* Consider transporting the witness to the location of the detained suspect to limit the legal impact of the suspect’s detention.
* Avoid doing or saying anything that might be suggestive or influence the witness.
Separate witnesses and instruct them to avoid discussing details of the incident with the other witnesses.
* Caution the witness that the person they are looking at may or may not be the perpetrator. It is just as important to clear innocent parties; a non-identification can help to refocus the investigation.
* Obtain and document, in the witness’ own words, a statement of certainty for both identification and non-identifications.
* Document the time and location of the show-up.
73
Discuss general preliminary investigatory procedures to be followed when dealing with crimes against persons(Homicide).
* Care for injured persons.
* Protect the integrity of the crime scene.
* Determine what offense, as near as possible, has been committed.
* Record the scene.
* Seal the scene.
* Identify the victim.
74
The autopsy report usually provides the investigator with the following data:
* Time of death
* Nature of the injuries resulting in death
* Any other injuries found or evidence of chronic illness or disease.
* The weapon or substance causing death.
* Whether the body was moved after death
* Amount of blood alcohol
* Contents of the stomach - indicates interval between victim's last meal and his or her death and what was eaten.
* Any indications of seminal fluids, injuries to genitalia, or pregnancy in female victims. Any evidence of blood, hair, or other traces not the victim’s
74
Autopsy
A postmortem examination of the body of a person, including X-rays and examination of the internal organs and structures after dissection, to determine the cause of death or nature of any pathological changes that may have contributed to the death.
75
Methods for preparing a crime scene sketch
* Use and arrow to show north
* Draw lines to show where measurements are taken from
* Determine a scale to use and locate all objects on drawing to scale
* show scale on sketch
* investigators name and rank
* date, time, type of crime and assigned case number
* name of other officers
76
Postmortem lividity
* A purplish discoloration observable on the parts of the body that are nearest the ground.
* Appears from one to two hours after death and may provide a clue as to whether the body was moved after death.
* Indicates body position for one to two hours after death. Is dependent upon several factors, including ambient temperature, body temperature at time of death, body mass, age, etc.
77
Rigor Mortis
* Chemical changes occurring in body tissues, the muscles stiffen after death.
* This stiffening starts at the neck and lower jaw and spreads downward.
* Onset of rigor mortis may start from 15 minutes to 15 hours after death, but generally, it starts 5 to 6 hours after death.
* The upper part is affected within about 12 hours and the whole body within about 18 hours.
* Rigor mortis usually disappears within thirty-six hours, again beginning at the head and neck and extending to the lower parts of the body.
* This latter process may take from 8 to 10 hours. Presence of absence of stiffening may help in establishing time of death.
78
Putrefaction
* Onset and rate are influenced by the temperature of the environment.
* Principal changes involve bloating of the body by gas, darkening of the skin in suspended parts of body, green discoloration of the abdominal area, and the formation of blisters filled with fluid or gas, may help in approximating time of death.
79
Cadaveric Spasm
* When there is severe injury to the central nervous system or when there was great tension at the time of death, sometimes stiffening occurs immediately.
* The stiffening is usually in the small muscles of the face and/or hands.
* This gives strong presumptive evidence of suicide if the hand is clutching the weapon.
80
Point to Point Search
Can be used as preliminary step in evaluating the scene
often disorganized
trace evidence may be overlooked
81
Strip Search (thorough crime scene search)
This method, in both the double and single form is among the most effective for outside searches.
stakes and lines are useful in setting up lanes
81
Grid search
This type of search is useful for providing two views of the same area.
82
Circular Search
Useful when an item is missing from the center and the search must be done rapidly.
83
Quandrant search
Effective for indoor and outdoor scenes that have regular patterns or defined borders.
84
Area search
Uses any technique which will be effective in examing specific and small areas with defined borders, such as lanscaped areas, bushes, paths and sidewalks.
85
Aerial Search
May employ infrared film for discovery of things
86
Elements and procedures of crime scene photography:
* Preparation
* Camera setting
* Take first photo of card identifying photographer, date, location, and case number.
* Maintain a log of photos.
* Do not delete photos that are out of focus.
87
when may officers vacate the scene?
* When released from responsibility
* When not needed
* When directed
88
How do you take photo's of the scene?
Photograph starting with exterior to interior, or with a landmark to locate evidence; then work to detail from farthest relevant point.
89
To achieve a progression, the crime scene should be covered by photographs from three major vantage points, what are they?
Overall / Long-range photographs
These are usually an overview of the scene and are considered location establishing photographs.
Mid-range photographs
Usually taken in a manner which portrays the scene from approximately ten to twenty feet of distance from the subject.
Close-up photography
Normally taken five feet or less from the subject matter.
Detailed photographs of items that could not be effectively seen and studied in long-range or mid-range photographs.
90
What is a crime scene sketch?
A sketch is a drawing which represents the crime scene and serves to supplement photography by providing accurate information concerning the distance between various points in the scene.
91
Describe the reasons for preparing crime scene sketches:
* To provide a permanent record of conditions otherwise not easily recorded (i.e., distance, photography, and movement of suspect).
* To reconstruct the crime scene
* To record the location and spatial relationships between pieces of evidence and the surroundings
* To help refresh the investigator’s memory.
* To help corroborate testimony of witnesses.
* To eliminate unnecessary and confusing details
* Can be enlarged for use as an exhibit during courtroom testimony.
92
Methods of measurements for scense sketches?
Triangulation – a bird’s eye view of the scene
Measurements are made by triangulation from two fixed permanent objects within the area of the crime scene
o Rectangular coordinates
Objects are in this method by their distance from two mutually perpendicular lines.
o Transecting base line
Transect crime scene by laying down tape at some convenient point so it crosses entire area as from A to B.
This system is particularly useful in large, irregularly shaped outdoor areas where no satisfactory natural base line exists.
This system could be used in large outdoor scenes such as major disasters, airplane crashes, scattered human remains, etc.
93
The crime scene sketch should include the following information:
o Investigator’s complete name and rank.
o Date, time, type of crime, and assigned case number, complete name of other officers assisting in the making of the sketch (measuring, etc.).
o Address of the crime scene, its position in a building, landmarks, and so on.
o Scale of the drawing (if no scale, indicated by printing “not to scale”).
o Primary items of physical evidence and other critical features of the crime scene, located by detailed measurements from at least two fixed points of reference.
o Key or legend identifying the symbols or points of reference using in the sketch.
o Dimensions of rooms or areas contained in the sketch.
o The sketcher should always have control of taking and observing measurements.
94
Explain chain of custody.
* Chain of Custody is the process in which records transactions of evidence from person to person since its acquisition by a law enforcement agency.
* Chain of custody maintains exactly what happened to evidence
95
safe methods for preserving evidence in original condition
The purpose of proper packaging is to prevent breaking, spoiling, loss, and contamination.
* Use paper instead of plastic bags to reduce contamination and spoiling.
* Containers should fit tightly.
* Each different item should be packaged separately.
* Items from different places should be packaged separately.
* Wet evidence, such as bloodstains, semen stains, mud, and such, must be allowed to dry before packaging to prevent rotting.
* Liquid blood must be refrigerated.
96
What to do when questioning complaintant and witnesses?
* Allow complainant and witnesses to tell own story, then ask pertinent, direct questions.
* Ask questions without supplying an answer.
* Obtain as complete a description of suspect as possible - race, sex, height, weight, clothing, facial features, weapon, and direction of travel.
* Obtain as complete a description of any vehicle used by suspect - license plates, make, model, color, significant damage or features & direction of travel.
* Remember to separate witnesses, suspects, involved parties when questioning them.
97
techniques used in conducting an interview.
* Separate persons so that their statements reflect their own opinions and observations.
* Allows interviewer to locate discrepancies in statement and establish validity of statement.
* Confront subject with any discrepancies and allow subject to explain or retract.
* Obtain facts and as much pertinent information as is necessary at the scene.
* Conduct more in-depth interview where the environment can be controlled by the interviewer.
* One officer should conduct interview depending on the interview technique.
* Lighting and temperature should be comfortable.
* A small room, not cramped, with minimal furnishings is ideal.
* Whenever a person is in custody, reading of rights is necessary prior to interviewing
* If while interviewing a person becomes suspect and is taken into custody, stop the interview and advise that person of his/her rights.
98
List the reasons and procedures for search during booking.
* Safety
* Eliminate suicide risk and prevent death in custody.
* Suicide screening for all prisoners being booked to check emotional stability.
* Security of Facility
* Safeguard of prisoners' personal property
99
TCIC/NCIC system contains a database with ten files what are they?
o Article
o Boat
o Canadian warrant
o Computerized Criminal History (CCH)
o Gun
o License plate
o Missing person
o Securities
o Vehicle
o Wanted person
100
Discuss the benefits of professional courtroom demeanor and appearance.
* The reputation of the officers and the department may be enhanced or diminished by the demeanor and appearance of the officers in court.
* A positive outcome is achieved when the appearance meets the trial objectives, public relations are improved, and the officers are satisfied.
* Officers who do not prepare for court appearances risk personal humiliation through unacceptable personal appearances and/or poorly expressing themselves while testifying.
* Courtroom testimony represents a challenge to officers and is a test of true abilities, such as self-control, tact, obedience, personal conduct, bearing, and verbal communication.
101
The initial phase of the trial during which the prosecution presents the evidence demonstrating the guilt of the defendant is usually when the officer is first called to testify. Describe methods of court procedure.
Direct Examination:
* The prosecutor elicits facts from the officer.
Cross Examination:
* The defense counsel will begin the questioning after the prosecution has finished with the witness.
Redirect Examination:
* Following the cross examination by the defense attorney, the prosecutor may question the witness to clarify statements or answers given during the cross-examination.
Recross Examination:
* The defense attorney may further question a witness after redirect examination by the prosecutor.
102
The Principles of Witnessmanship:
* Honesty:
* Brevity:
* Emotional Control:
* Clarity: errors, inconsistencies, and confusion undermine credibility with the jury.
* Objectivity: present an impartial and conscientious picture of a public servant working for the interests of justice. Be courteous, answer directly, and remain poised. The defense counsel will often endeavor to portray the officers as prejudicial and interested to accuse the first person of whom they become suspicious, so remain the objective public servant during testimony.
103
what are the defense teams tactics when at trial?
* Offensive: rapid-fire questioning is intended to confuse the witness and procure inconsistent answers.
* Condescending: ask for the question to be repeated if it was improperly phrased and then answer in a confident and decisive manner.
* Friendly: defense counsel may be overly courteous to lull the witness into a false sense of security.
* Badgering / Belligerent: intended to provoke the officer to lose emotional control and, therefore, credibility with the jury.
