Final Part 2 Flashcards
Arson refers to the willful
burning or attempting to burn something.
In Arson, the fire must be
deliberately set by someone for the purpose of causing harm
The goal of the first responders is to prevent
human harm, render aid to the injured and extinguish the fire
Investigators in an Arson fire must:
Communicate with first responders
Establish the scope, size, and boundaries of the scene
Identify and interview individuals at the scene
Determine the security access to the scene prior to and during the fire
Identify what is needed to collect evidence at the scene
Photograph the scene
Collect, package and preserve evidence by maintaining the chain of custody
The cause of a fire can be classified as
Natural, Accidental, Suspicious, Incendiary, and Of unknown origin
The presence of an accelerant is usually indicative of
arson
It’s necessary to determine the point of origin
Through the identification of items that cause fires to occur
Through interviews with witnesses and surveillance videos
Through fire patterns
Through examining objects like flammable liquids and light bulbs
Through the examination of the destruction of certain areas
It is difficult to determine who committed arson because
witnesses and physical evidence are rarely available
But motive can aid in
identifying the perpetrator
Some commit arson
out of anger or revenge, as an act of terrorism, to vandalize, to conceal other crimes, for-profit, and for emotional satisfaction (pyromania)
Larceny (Theft) can be defined as the unlawful
taking away of property from someone else’s possession without permission
Larceny (Theft) is the most
common form of property crime
Few larcenies are ever solved because
investigators often have few investigative leads to pursue
Larceny has usually
No witnesses, No usable evidence, Little variation in motive, and The property taken is not remarkable
The most effective interrogation strategy for these crimes is largely dependent upon
the individual characteristics of the offender
An emotional offender will be most responsive to
emotional themes
A non-emotional offender will be the most responsive to
factual themes
Fraud refers to all the ways a person can
falsely represent a fact in order to get someone to surrender something of value
Types of fraud
Tax evasion, Bribery, Embezzlement, Forgery, Blackmail, Extortion, Kick-back, Racketeering, Insider trading, Money Laundering, Insurance fraud, and Welfare and food stamp fraud
80 billion
dollars in fraud a year
Identity theft involves the stealing and use of
an individual’s personal information without their permission
Identifying theft has a financial motive typically
though revenge and embarrassment can also be motivators
Types of Identify Theft
Criminal identity theft, Financial identity theft, Identity cloning, and Medical identity theft
Identities can be stolen through
purse snatching, stealing mail, going through garbage, hacking, and creating counterfeit
Identify Theft Investigations can be simple or complicated
depending on the number of agencies involved and the extent of the crime known
First, the victim’s local police department has the first jurisdiction of the crime (about fraud)
The victim provides information regarding the crimes, always verifying that they are who they say they are
Next, investigators may examine the fraudulent charges with the financial and credit bureau documents
E-information and FinCEN are resources available to investigators of identity theft
The goal is to
identify the perpetrator and other potential victims
Credit and debit card fraud usually involves the
stealing of a card and then using it to make unauthorized purchases
The most common methods of committing this crime are (Debit/Credit)
“Passing and cashing”
Alteration of checks
Presentation of the check or card at checkout
“Card-not-present” purchase
Denial of receiving a legitimate purchase
Investigative actions for fraud
Obtain a hard copy of the fraudulent documents
Investigative the robbery or burglary associated with the crime, it exists
Searching suspects possessions
Determining the date, time, and place of the fraudulent use
Locate the fraudulently purchased property
Prescription drug fraud involves the
misuse of drugs
Pain relievers and stimulants are often the
prescription drugs of choice for many criminals
Methods of obtaining prescription drugs
Theft Forged prescriptions Impersonation of medical staff Doctor shopping Illegal purchases on the internet
The investigation of fraud is dependent upon
A third party notifying the police
The police themselves discovered the illegal drugs
A doctor’s office or pharmacy reports suspicious behaviors to the police
Cyber-attacks are
crimes where the computer system is the target
Cyber-bullying may involve sending or posting
Mean or false messages, starting or circulating rumors, stealing email passwords, and sending messages through the Internal. May or not be criminal
“Sextortion” is a form of cyberbullying that
often leads to criminal charges
“Sextortion” typically involves the sending of compromising photos to a person claiming
to be someone they are not. The person receiving the photos threatens to distribute the photos unless the victim agrees to some demand
Child Pornography can be widely distributed through the use of the
Internet, further complicating the crime through the use of anonymity and accessibility
Three crimes the constitute child pornography
The production of pornographic images
The distribution of pornographic images
The downloading/possession of pornographic images
When Investigating Child Pornography Focus on electronic (digital) evidence such as
hard drives, Web browser history, e-mail and chat logs, digital cameras, mobile phones, IP addresses, and “digger engine” software
The collection and processing of this evidence is done by
trained experts
Investigators locate and remove child pornography sites through the use of
undercover sting operation or “buy-bust” operations
These crimes come to the attention of the police through
the public, computer technicians, or victims
Digital evidence is
information and data or values to a police investigation that is tired, retrieved or transmitted by an electronic device
The device must first be identified as being
potentially relevant in the investigation
An IP address is
an identifying number that is associated with a computer. This is incredibly beneficial in criminal investigations
Digital evidence can be found in the memory of the device
Magnetic memory
Optical memory
Electronic memory
Investigators must copy the data on a new blank hard drive, examine the data for
deleted or “latent” files, and examine the system files compiled by the computer operating system
The identification and apprehension of criminals is not
the end of the road for criminal investigations
Investigators have to be effective and
competent witnesses in court
Investigators play an important role in the
persecution of offenders
There are severe consequences to prosecuting an individual therefore it is important that the police are aware of the price of
bad judicial outcomes
The court process is adversarial in nature, meaning that it is
a contest to obtain justice through opposing teams (defense attorneys and prosecuting attorneys) and a neutral referee (judge).
The police are on the
prosecutor’s team
Defense attorneys have to
discredit witness
Prosecuting attorneys have the burden of
proof probable cause in train through the many resources available to them
Police officers and investigators are to present the observed
facts of the case for the prosecution and be tested by the defense
Error in justice outcomes (when an innocent person receives a conviction or a guilty person goes free) can have
serious and devastating effects
Reasons for error in justice outcomes:
DNA evidence was collected at the times but analysis not being used yet
Police misconduct and incompetence
Prosecutorial misconduct and incompetence
Defense attorney misconduct and incompetence
Inept judges
Incident reports are
written documents that contain information about a criminal investigation
Supplementary reposts consist of a narrative that
describes the lead of a case, the results of any lead, and statements made from witnesses and suspects
Rules of Report Writing
Reports should be well organized, factual, specific, and detailed, written in past tense first person and active voice, accurate, objective, written in Standard written English
All evidence in court is presented through either lay witnesses or
expert witness
Lay witnesses can
testify only in their observations of fact. They cannot offer opinions
Investigator testimony is a
lay witness testimony
Expert witnesses can testify to their
opinion and discuss hypothetical scenarios. They are usually someone with a skill or knowledge on a particular topic, Often are hired and compensated for their testimony
Investigators are required to provide
testimony
A deposition is a proceeding that does not
occur in court and is before a trial. A deposition provides an attorney an opportunity to ask questions of a witness before the case goes to trial
A preliminary hearing is a mini-trial of sorts with the purpose of
providing that a crime occurred in that the defendant committed it the standard of proof needed by the prosecutor is probable cause
A trial may be a bench trial (judge determine the verdict) or
a jury trial (jury determines the verdicts)
Trial Steps
Voir dire (jury selection) Opening statement by the prosecution Opening statement by the defense attorney The presentation of the prosecution case The presentation of the defense case Closing statements Instruction to the jury by the judge Jury deliberations Reading of the verdict
A direct examination elects the facts of a case, a cross-examination is
designed to test the evidence presented with the goal of impeaching the witness
Cross-examination strategies
Ask leading questions
Badger, anger, to annoy the investigator
Ask difficult or slanted questions
Ask the witness about the legality of the actions taken by the investigator
Attack the quality/accuracy of the investigative reports
Look for inconsistencies
Call into question statement of fact and opinions
Call into question the witness honesty and credibility
Confuse or otherwise fluster the witness
Guideline for Investigator in creating effective testimony in court
Tell the truth Be prepared Stick to the fact Answer only the questions asked Be mindful of non-verbal communication Be respectful Speak directly, clearly, and confidently Listen and think before you speak Be professional
Investigators should not
Comment on a defendant’s criminal record
Use a defendant’s use or nonuse of their Miranda rights as evidence
Use a defendant’s attempts to negotiate a plea bargain as evidence
Provide testimony on evidence that has been ruled inadmissible by the judge
The political era
Politicians controlled virtually all aspects of policing
It ended as a result of a crisis: technology (specifically, automobiles)
The reform era
Took advantage of technology by making it available to the police so that they can be more effective at crime control
It ended as a result of crisis: assassinations, riots, and counter-culture movements led to a doubling crime rate
The community problem-solving era
Police recognize the importance of having citizens participating in crime-stopping and crime solving
What crisis will end this era?
Maybe technological demands?
The information revolution is affecting
every aspect of human life
Crime is expanding and evolving, just as
tech is.
Over time, crime is becoming more
sophisticated and more global
Terrorism, tech, citizens as powerful players in crime-fighting, and blurred lines between
the police and the military will characterize the future of policing
Terrorism is one of these “new” demands of the police as technology is
advancing
Terrorism is the
unlawful use of force or violence against the property of persons to intimidate people to further political or social objectives (FBI)
Terrorism can be domestic or
international
Domestic terrorism is motivated by
anti-government agendas
Foreign-based terrorism is motivated by
Anti-American agendas
Terrorism is not a new phenomenon, but it has been
increasing in recent years
Law enforcement and government agencies have been criticized for
not being able to predict terrorist attacks
The threat of international terrorist attacks is not likely to
disappear any time soon
Technology is rapidly being discovered and
employed in new ways
The most powerful piece of technology that is affecting the police is that of the
Internet
The Internet is a global digital network in which
info can be disseminated.
As tech makes crime more complex and global, more resources will likely go
to the federal government.
The USA Patriot Act was a response to the terrorist attacks of 9/11
It gave additional power to law enforcement
Amended money laundering laws
Made stricter immigration laws
Expanded law enforcement’s authority to seize an individual’s records for a third party (Apple)
Citizen Involvement in Future Criminal Investigations
If you see something say something
The military is increasingly becoming involved in
domestic law enforcement activities
The Posse Comitatus Act of 1878, which was amended in 1994, was written to end the use of federal troops in state affairs. But this act excludes:
National Guard forces
Federal troops being involved in domestic violence
Military personnel combating the “war on drugs and immigration”
Navy resources being used to assist the Coast Guard
The police are becoming increasingly military-like as well, a phenomenon is known as the “militarization of the police”
Police organizations are “quasi-military” in structure and function
The police are also fighting the war or terrorism at home
Military technologies are not being used by local law enforcement
Biometrics refers to tech capable of identifying a person by
their unique characteristics of features: Fingerprint technology, Facial recognition systems, Voice biometrics, and DNA
DNA
The largest database (CODIS) only has DNA evidence of convicted felons. If this database could legally expand to other populations, it might be more useful. However, to increase its use would be problematic for legal and ethical reasons
Technological advancements may affect the way we “see” in criminal investigations
Low-level x-rays
Gunshot detection systems
Thermal imaging technology can detect heat in buildings
CCTV surveillance
Unmanned aerial vehicles (UAVs) or “drones”
Electric “sniffer” microchips may replace canines
“Smart” camera and brain scans
Searching email traffic, keystrokes, and cell phone locations are
common practices among law enforcement investigators
Tech is meant to enhance work productivity by
making everyday tasks take less time
Laptops computers in patrol vehicles aid in the
quick communication among officers. Also, massive databases for criminal intelligence purposes speed up investigative tasks
Because tech is constantly changing and creating new ways of knowing and being
laws are largely incapable of keeping up.
Concerns of the future
Privacy issues will become a concern of the future
Operation costs will also become a concern of the future
