Midterm Flashcards

1
Q

Many few people change their shoes but they do change their (blank) after a murder

A

Clothes

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2
Q

If the crime is outside or inside think of if you will need to do

A

Do i need lighting, think of all the conditions, and how to think of not letting the evidence get lost

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3
Q

Process

A

activities performed

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4
Q

Scientific

A

Ballistics, Dna evidence, fingerprints

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5
Q

Artistic

A

Getting a witness, evidence from the victim

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6
Q

The process of collecting crime-related info to reach

A

certain goals

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7
Q

Determine if it is actually

A

a crime

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8
Q

Sometimes that evidence determines someone’s

A

innocents

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9
Q

Evidence can be very

A

extensive and can be outdoors

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10
Q

The Goal is to

A

solve the crime, desired end, to bring to justice, and closure

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11
Q

Why did the person kill or hurt the victim?

A

You do not alway get that answer

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12
Q

Criminal evidence

A

the facts and knowledge that are used to establish whether a crime was committed and who committed it

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13
Q

They always find evidence but

A

may not always be useful

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14
Q

Some evidence requires

A

scientific analysis

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15
Q

Forensic science

A

refers to the field of science that addresses legal questions

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16
Q

All professions involve

A

forensics or crime

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17
Q

Potential problems with evidence

A
  1. Relevance, take everything
  2. Too much evidence, can be overwhelming
  3. Accuracy, science part can be more accurate like ballistics
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18
Q

Myths and Misconceptions:CSI

A

CSI quickly and simply solves a complex case
The characters of the show are involved in every facet of the criminal investigation
Physical evidence always plays a role in the identification of the perpetrator

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19
Q

Reactive

A

The crime occurs and than the police respond

  1. The discovery of the crime and police response
  2. Initial investigation
  3. Follow up investigation (Depends on the seriousness, the evidence available as documented in the initial investigation report)
  4. Closure
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20
Q

Proactive

A

Police initiating investigative activities prior to the crime’s occurrence (Investigating gangs, sting(posing as someone who wants to buy), Surveillance, Stakeouts, Decoys, Undercover fencing operation)

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21
Q

Police can

A

lie

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22
Q

Predisposition

A

(already a drug seller selling drugs) is essential to undercover strategies

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23
Q

Entrapment

A

Compelling a person to commit a crime when that person was not predisposed to committing such a crime (giving 50,000 to a random kid, would not have done unless the money had gone up and person came back maybe time, to get you meth)

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24
Q

Information theory

A

The battle between the police and the perpetrator for crime related information

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25
Q

Mistakes are vital, leaving some

A

evidence behind for the police to find

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26
Q

Accidents and good fortune have led to

A

many solved crimes and discoveries

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27
Q

It is common to discover information about

A

One crime when investigating a different one (Homicide investigation- Narcotics Investigation arrests, one crime leads to a bigger crime)

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28
Q

Confirmation bias

A

People tend to pay attention to the information that supports their opinions while ignoring evidence to the contrary

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29
Q

Putting too much trust in

A

potentially unreliable evidence

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30
Q

Difficulty in changing one’s mindset about the crime of perpetrator when

A

a theory has been developed

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31
Q

What makes a good Investigators- Qualities/traits

A

Common sense, Integrity, Motivation (a kid killing on a playground)

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32
Q

What makes a good Investigators- Previous experience in law enforcement

A

Solid street knowledge, Knowledge of the law, reading/writing comprehensions skills, excellent oral and written communication skills

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33
Q

Each part of the criminal justice system has

A

a specialized function

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34
Q

All need to function properly in order to

A

reduce crime

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35
Q

Criminal justice system is also described as

A

a funnel

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36
Q

2.6 trillion- 600 billion, What times of crimes are the most expensive?

A

White collar crimes

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37
Q

Why do cases ‘Drop Out” of the system

A

Victims sometimes claim the crime was a personal matter or that they feel thats its not important enough

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38
Q

Why are some crimes are not solved by the police?

A

Nature and structure of the crime, Police are reactive, Police operate resource constraints, have to follow laws when collecting evidence, Investigator’s mistakes may lead to offenders not being arrested

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39
Q

Thief-taker

A

A private citizen who was hired by the victim to recover the stolen property or to catch the thief

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40
Q

Thief-taker- Problems and Solutions

A

Prob: Worked for rich not poor, they would work with the thieves
Solution: Make detectives salaried so they could work for all cases

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41
Q

Thief-makers

A

Individuals who tricked others to commit a crime and turned them in for a parliamentary reward

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42
Q

Thief-makers- Problems and Solutions

A

Probs: Created criminals, they didn’t catch the,
Solutions: Make detectives reactive to crimes

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43
Q

Parliamentary rewards and informers

A

Rewards were offered by the gov to citizens who brought in criminal/provided info about criminals

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44
Q

Parliamentary rewards and informers- Problems and Solutions

A

Probs: Snitches get Stitches, people were unsupportive of the legal system and informers
Solution: Detectives for serious crimes

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45
Q

Political Era

A

Politicians controlling policing, led to corruption (Mid 1800s to Early 1900s)

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46
Q

Political Era- Curbside justice

A

Favored alternative to arrest

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47
Q

Political Era- Detectives (blank) criminals and their tactics, paid (blank), often in (blank) bc work was (blank)

A

Knew, well, disguise, secretive

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48
Q

Reform Era

A

Police professionalism was developed (1900s to 60s)

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49
Q

Reform Era- Created to separate the…

A

police from corrupt politicians

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50
Q

Reform Era- Police were…

A

experts who were efficient and effective at controlling crime

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51
Q

Reform Era- Detectives became…

A

ultimate professionals(media showed this)

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52
Q

Reform Era- Detectives were able to obtain their info from…

A

Scientific advancements as opposed to their familiarity with criminals (Fingerprints)

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53
Q

Community Problem solving era

A

Police citizen cooperation (60s to present)

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54
Q

Community Problem solving era- Cultural backdrop of the 60s led to policing crisis:

A

Police lacked legitimacy and crime was doubling

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55
Q

Community Problem solving era- Police citizen cooperation essential for…

A

police to be effective

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56
Q

Community Problem solving era- Strategies developed for community to share info with…

A

The Police (tip lines, community watch groups)

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57
Q

Community Problem solving era- Science and technology advancements

A

DNA, NCIC, psychological profiling, COMPSTAT, computer networks and databanks)

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58
Q

Community Problem solving era- Photography

A

(Led to the creation of the rogues gallery and wanted posters) (criminals can alter appearance and a picture is need to be useful)

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59
Q

Community Problem solving era- Bertillonage

A

(Improvement over photography), (11 measurement of the body can uniquely identify a person), (but it was difficile and error prone)

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60
Q

Community Problem solving era- Investigative tactics were used:

A

Dragnet roundup of suspects (Police would arrest all suspect persons until determined innocent)

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61
Q

Community Problem solving era- The third degree

A

Interrogated (many beatings)

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62
Q

Judicial Evidence

A

Admissible in court and meets the rules of evidence

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63
Q

Extrajudicial Evidence

A

Any info that an investigator can make decisions on but is not admissible in court proceedings, lie detector tests

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64
Q

Exculpatory Evidence

A

Any evidence that excludes or eliminates someone as a suspect

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65
Q

Inculpatory Evidence

A

Any evidence that includes or incriminates someone as a suspect

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66
Q

Establish proof that a crime was…

A

committed and that a particular person committed that crime

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67
Q

Probable Cause

A

It is more likely than not that a particular circumstance exists?

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68
Q

Probable Cause is relevant for police…

A

when making an arrest and conducting a search

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69
Q

Direct evidence

A

Crime-related info that immediately demonstrates the evidence of the fact in question, blood, all conclusions are made apparent

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70
Q

Indirect evidence or circumstantial evidence

A

Is crime-related info in which inference and probabilities are needed to draw an associated conclusion

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71
Q

Types of circumstantial evidence:

A

An individual’s physical ability to commit the crime, an alibi(or lack thereof), a motive(or lack thereof), the method in which the crime was committed, attempts to evade the police, possession of the fruits of the crime, character witness, the existence of prior threats or similar behavior of the suspect

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72
Q

Testimonial evidence

A

Evidence that is presented in court through witness speaking under oath

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73
Q

Real evidence

A

Refers to tangible objects that are produced as a direct result of the commission of the crime EX: footprints, blood splatters on the wall, the knife used to kill the victim

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74
Q

Documentary Evidence

A

Refers to any evidence that is in document form, or documents some issue of relevance to the crime EX: Bank statements

75
Q

Demonstrative Evidence

A

Refers to any tangible evidence related to the crime and/or perpetrator that is created indirectly from the crime EX: include diagrams of the crime scene and photographs of the victims

76
Q

Hearsay

A

A type of testimonial evidence, Hearsay is repeating info that another person said: Unreliable and inadmissible in court proceedings.

77
Q

Why is Hearsay unreliable?

A

The original person was not under oath and cannot be cross-examined

78
Q

Exceptions to Hearsay

A

Dying declaration, previously recorded testimony given under oath, defendant’s previous admission and confession, excited utterance or spontaneous exclamation, statements that relate to a witness’ frame or mind that is in question,

79
Q

Lay witness

A

Provide testimony that is limited to personally observed facts

80
Q

Expert witness

A

Possess special knowledge about a fact of the case that needs examination, Frye Standard, Daubert Standard

81
Q

Corpus delicti evidence

A

Refers to evidence that establishes that a crime actually occurred

82
Q

Corroborative Evidence

A

Refers to evidence the supplements and strengthens already existing evidence

83
Q

Cumulative Evidence

A

Refers to evidence that supplements but does not necessarily strengthen already existing evidence

84
Q

Associative evidence

A

Refers to evidence that provides links between crimes, crime scenes, victims, suspects, and tools

85
Q

Identification evidence

A

Refers to evidence that identifies a perpetrator

86
Q

Behavioral evidence

A

Refers to evidence that provides a basis for identifying the type of person who may be responsible for the crime

87
Q

Miranda v. Arizona

A

This case represents the consolidation of four cases, in each of which the defendant confessed guilt after being subjected to a variety of interrogation techniques without being informed of his Fifth Amendment rights during an interrogation.

On March 13, 1963, Ernesto Miranda was arrested in his house and brought to the police station where he was questioned by police officers in connection with a kidnapping and rape. After two hours of interrogation, the police obtained a written confession from Miranda. The written confession was admitted into evidence at trial despite the objection of the defense attorney and the fact that the police officers admitted that they had not advised Miranda of his right to have an attorney present during the interrogation. The jury found Miranda guilty. On appeal, the Supreme Court of Arizona affirmed and held that Miranda’s constitutional rights were not violated because he did not specifically request counsel.

88
Q

Qualities that evidence must have in order for it to be admissible in court

A

Must be relevant, material, competent (Incompetence categorical, Wrongfully obtained evidence like an illegal search, Statutory incompetency like in situations where the Frye and Daubert test are relevant, Court established rules like hearsay evidence)
Must be necessary

89
Q

Chain of custody must be maintained

A

Refers to the record security of physical evidence from the time of collection to its intro in court

90
Q

Arrest Warrant

A

When a person is taken into custody for the purpose of prosecution of interrogation

91
Q

Search Warrants

A

Requirements to obtaining a valid search warrant (Must be based on Probable Cause, Facts must be truthful, Probable cause cannot be from stale info, must be determined by a neutral magistrate, must be served immediately, must identify what is to be seized and what to be searched. The application must include the search warrant, the affidavit, and the search warrant inventory)

92
Q

An arrest warrant is required when

A

arresting someone in his/her home or in a third party’s home

93
Q

4th Amendment: The Search Warrant Requirement and it exception

A

Exception: Exigent circumstances, Vehicles, Other places/things not covered by the 4th Amendment, Hot pursuit, Incident to arrest (Police conduct searches as a result of an individual’s arrest), Stop and Frisk (Police search a person even though an arrest may not be made), Plain view, Consent

94
Q

When is a search warrant not necessary?

A

When the government infringes upon a person reasonable expectation of property for the purpose of obtaining evidence, no right to refuse, they can force their way in

95
Q

Incident to arrest

A

Police conduct searches as a result of an individual’s arrest

96
Q

Stop and Frisk

A

Police search a person even though an arrest may not be made

97
Q

Exclusionary Rule:

A

Evidence obtained in an unlawful or unreasonable search are excluded from court proceedings and are considered incompetent evidence

98
Q

Exceptions to the exclusionary rule:

A

Good-faith exception, Inevitable discovery exception, Purged taint exception, Independent source exception

99
Q

Impact of the Exclusionary Rule on Criminal Investigation

A

The purpose of the exclusionary rule is to defer unlawful police actions during searches and seizures

100
Q

There are ways the police get around the 4th Amendment

A

The extensive use of consent, The police will conduct and unlawful search knowing it is unlawful to put pressure on a criminal or harass him/her, Police will go judge shopping, and Police sometimes are not truthful

101
Q

5th Amendment

A

Protects citizens against self-incrimination

102
Q

6th Amendment

A

People are granted the right to an attorney in legal proceedings

103
Q

Impact of the 5th amendment legislation on criminal investigation

A

How often are confessions rules inadmissible due to Miranda warning?

104
Q

Miranda Warnings and the Circumstances when it’s used

and the impact of the warnings

A

Indigent defendants on trial have a right to counsel, Right to counsel during investigation, Miranda rights do not have to be said verbatim, The waiver of Miranda rights must be clear, Custodial interrogations require Miranda warnings, and a suspect cannot be questioned again after invoking his/her right to remain silent, unless the suspect has been out of custody for 14 days

105
Q

Class characteristic evidence

A

Share characteristics with a particular class or group

106
Q

Individual characteristic evidence

A

Characteristics that can be identified as originating from a particular source

107
Q

Primary Crime scene

A

The area where the crime actually occurred

108
Q

Secondary crime scene

A

An area where significant evidence relating to a crime is found but not necessarily where the crime actually occurred

109
Q

Arriving at the scene: Initial response/prioritization

A

(1.Safety/officer safety 2.Secure the crime scene 3.Summon medical attention for injured parties, if necessary 4.Determine the legality of entering and searching the scene 5.Constantly protect the crime scene from persons at or near the scene 6.Establish boundaries of the crime scene to protect it 7.Initial responding officer should brief the investigation 8.Record and document all observations and activities)

110
Q

Preliminary documentation and evaluation on the scene

A
  1. Assess the scene for safety and boundaries 2. Separate suspects, witnesses, and victims to be monitored 3. Designated personnel to interview these individuals as soon as possible 4. Determine legality of obtaining a search warrant 5. A path of entry and movement should be established for designated personnel 6. Determine the need for additional investigative resources 7. Conduct a neighborhood canvass( Door to door questioning of residents who live nearby)
111
Q

Conduct a neighborhood canvass

A

Door to door questioning of residents who live nearby

112
Q

Locard’s Exchange Principle

A

Any time that a person comes into contact with a person or place something from that person is left place and something from that place is taken away

113
Q

Blood can be found

A

virtually anywhere in crime scenes and is most commonly found at serious crimes like homicide and assault

114
Q

Saliva can be found on

A

cigarette butts, bite marks, bottles, cans, clothing, envelopes, and stamps

115
Q

Hair is most commonly found

A

Most commonly found at homicide and assault crime scenes. Hair can be found on clothing washing machines, sinks, vehicles, and many other locations

116
Q

Other Types of Physical Evidence

A

Shoe prints, impressions, and tire tracks, Tool marks, Bite marks and dental evidence,Ballistics, Fibers, Soil, Paint, Blood pattern analysis, Digital evidence, video evidence, drugs, questioned documents/handwriting analysis, and fingerprints

117
Q

While evidence is collected at crime scenes

A

it is analyzed in crime labs most of the time

118
Q

Mitochondrial DNA (MtDNA)

A

is inherited from an individual’s mother only

119
Q

Nuclear DNA

A

Found in the nucleus of each cell and consists of billions of pairs of adenine, cytosine, guanine, and thymine

120
Q

Analysis of fingerprints or friction ridge analysis consists of…

A

the method of identifying individualization characteristics

121
Q

AFIS stored collected fingerprints to

A

help identify perpetrators

122
Q

The FBI developed IAFIS as an improved version of

A

FIS that allows federal, state, and local agencies to share fingerprint info

123
Q

CODIS

A

electronic database that stores and shares DNA information

124
Q

Blood, in liquid form, should be absorbed with

A

cloth, air dried and packaged in a sealed paper bag and refrigerated prior to laboratory submission

125
Q

Semen should be absorbed

A

air-dried, and packaged in a sealed paper bag

126
Q

Saliva should be absorbed

A

air- dried, and packaged in a sealed paper bag, A control sample should be collected and packaged separately

127
Q

There are both public and private facilities:

A

The most commonly performed test is DNA testinG

128
Q

A huge problem associated with crime labs is

A

the sizeable backlog they face

129
Q

Criminalistics

A

The science of physical evidence, particularly that of trace evidence

130
Q

Forensic pathology

A

The science of dead bodies and autopsies

131
Q

Forensic anthropology

A

The identification of skeletal remains of humans

132
Q

Forensic odontology

A

The application of dentistry to legal matters

133
Q

Forensic entomology

A

The science of insects in answering legal questions, especially time of death

134
Q

Primary Witness

A

Have direct knowledge of a crime or suspect

135
Q

Secondary Witness

A

Have info about related events before or after the crime

136
Q

Witness provides info for a composite picture of the perpetrator

A

A forensic sketch or composite software (like FACES) can be created through a witness’ description

137
Q

Mug shot books

A

Mug shot cooks contain photographs of previously arrested or detained individuals matching the witness’ description

138
Q

Show-up identification

A

Show-up situations involve bring the suspect to the witness for identification, usually when there was a quick apprehension

139
Q

Photo line-up or photo array

A

A picture of the suspect is viewed in addition to other similar looking individuals for the witness to identify the perpetrator

140
Q

Physical, or live, line-up

A

Physical line-ups involve a witness viewing the suspect and other similar looking individuals in a controlled setting for identification

141
Q

Eyewitness identification is one of the

A

least reliable types of info yet is the one of the most persuasive at establishing proof

142
Q

Eyewitness error is the most

A

common factor in wrongful convictions

143
Q

The rationale of line-up procedures

A

The person conducting the line-up should not know who the suspect is, Eyewitnesses should be told that the perpetrator might not be present in a line-up, The suspect should not stand out in any way, and a clear statement regarding the confidence of the eyewitness identification should be reported

144
Q

Cognitive interviewing encourages the witness to

A

reinstate the context of the observed event and systematically search through their memory for details

145
Q

Police Interviews

A

Witnesses should be separated and interviewed one at a time, Interviews should be conducted away from distractions, Interviews should not be conducted as soon as possible after the event, and Interviews should develop a rapport with witnesses

146
Q

An interrogations is all

A

questioning and other actions made by an investigator that is done with the intention of eliciting info from a suspect from criminal prosecution

147
Q

The Role of Police Deception in Interrogation

A

Sympathetic and understanding image to gain rapport, Deceive suspect into believing there is a lot of evidence against him or her, Technology may be used to detect deception and its capabilities may be legally overstated, and Misrepresentation of the seriousness of the crime

148
Q

(RPM) The rationalization defense is best approached

A

Through making the suspect believe that the suspect’s actions were rational

149
Q

(RPM) The projection defense is best approached by

A

Projecting the responsibility of the criminal behavior onto someone else

150
Q

(RPM) The minimization defense is best approached by

A

Reducing the suspect’s role in the crime of the seriousness of the crime

151
Q

Feathering approach

A

where warmth, sincerity, and commitment to the truth are paramount over the sledgehammer approach

152
Q

Steps in the Interrogation of Suspects

A
  1. Confront the suspect directly with a statement that he or she committed the crime and then wait for a reaction
  2. Classify the suspect as emotional or non-emotional
  3. Denials beyond the initial one should be cut off
  4. Objections then take place
  5. Make clear the intention of just getting the truth
  6. Continue the theme by showing that a confession is the best course of action
  7. Force the suspect to answer a yes or no question regarding the incident that admits to come involvement
  8. Have the suspect orally relate their involvement
  9. Turn the oral confession into a written one, Recorded (audio), Video
153
Q

Emotional offenders

A

experience guilt and respond to emotional themes

154
Q

Nonemotional offenders

A

do not experience a conscience and respond to rational themes

155
Q

Why do people confess to crimes that they did not commit?

A

Compliant false confessions, Persuaded false confessions, and Voluntary false confessions

156
Q

Miranda warnings has no

A

relationship with false confessions

157
Q

The basic theory is that under stressful situations, like an interrogation, suspects will try…

A

to repress fight or flight responses through physiological changes

158
Q

Verbal Cues Related to Deception

A

Use vague and confusing answers
Provide conflicting statements
Provide explanations that do not make sense
Use present tense to describe a past occurrence
Presence of modifiers
Eliminate or reduce self-references
Use unusually short, long, or complicated sentences
Complain frequently
Delay in answering questions
Overly helpful, polite, or respectful
Claim to experience memory problems or have too good of a memory
Deny their involvement with strong denials
Use “buy-out” statements

159
Q

Polygraph is accurate?

A

Not always accurate (60%- 75% accuracy rates) but can be a useful threat in eliciting a confession

160
Q

Usefulness of the polygraph

A

Infrequently admitted into court

161
Q

A polygraph is

A

A machine that record the physiological responses (perspiration, blood pressure, and galvanic skin response) to psychological phenomena like the stress of deception

162
Q

Computer stress analyzer

A

A machine that is supposed to detect in ones voice

163
Q

Computer stress analyzer is not a valid

A

scientific assessment but can be useful in eliminating confessions

164
Q

Crime Scene Profiling is

A

a technique for identifying the major behavioral traits of an individual based upon the analysis of the crime. It is useful in reducing the number of suspects based on probabilities and inferences

165
Q

Geographic Profiling

A

A process that can help identify the location where a perpetrator lives through the analysis of the crime scene locations

166
Q

Psycholinguistics

A

Involves the analysis of spoken or written words to:
Reveal info about the person, Associated crimes based on the similarities of writing style and communication, and Identify deception in the statement

167
Q

What are the assumptions about Crime Scene Profiling

A

A crime reflects the characteristics of the offender(Offenders with similar criminal behaviors exhibit similar characteristics. The offender’s personality will not change dramatically), The offender’s MO will remain similar, and The signature of the offender will remain similar

168
Q

The Effectiveness of Crime Scene Profiles

A

Psychological profiles are often used when investigations are hitting dead-ends, The primary benefit is that it helps focus an investigation, Profiles can help identify a suspect but they can hinder the identification of a suspect, Expert profilers are better at predicting an unknown offender the non-profilers, and More research is needed

169
Q

The History of Crime Scene/Psychological Profiling

A

Psychological profiling has been around for a long time but it gained attention in the late 1970s with the creation of the Behavior Science Unit of the FBI

170
Q

Organized offenders

A

Same age/race as the victim, Younger than 35, Married, Above-average intelligence, Outgoing, Employed, Military backgrounds, and Lives away from the crime scene

171
Q

Disorganized offenders

A

Same race as the victim, 16 to late 30s, Single, Mentally ill, Below-average intelligence, Unemployed or has a low-skill level job, Lives or works near the crime scene, and Sexually or socially incompetent

172
Q

The Meaning of Perpetrator Actions and Crime Characteristics

A

The crime may reveal if the offender has committed a similar crime before, The crime scenes may reveal if they were committed by the same person, Information about the victim, An assessment of the overall risk associated with the crime, The offender’s method of approach, Evidence of depersonalization as indicative of a relationship between the offender and the victim, The use of duct tape as indicative of military service or prison time, and The presence of staging

173
Q

Souvenirs

A

are tokens to help remember

174
Q

Trophies

A

have intrinsic value; they are “rewards” for the offender

175
Q

An MO

A

refers to the actions taken by the perpetrator

176
Q

A signature

A

is the perpetrator’s actions done to attain emotional satisfaction

177
Q

Staging

A

Can be revealing in and of itself

178
Q

The assumption in Geographic Profiling is that

A

human being stay in their comfort zones

179
Q

Anchor points

A

areas where an individual spends most of their time

180
Q

The buffer zone

A

the area close to the perpetrator’s home where the perpetrator has a strong inclination not to commit a crime

181
Q

Distance decay

A

the concept that as the distance away from a perpetrator’s home increases, the chances of him/her committing a crime decreases

182
Q

Cognitive map

A

Familiar routes to and from these anchor points create an individual’s cognitive map

183
Q

Statement Analysis

A

(Can reveal a person’s geographic origins, gender, race, age, educational attainment, and even personality traits)

(The use of pronouns, possessive pronouns, nouns, and verbs and how they are used in statements can help with the identification of deception)

184
Q

Statement Analysis- Useful in…

A

focusing an investigation (In the anthrax letter investigation, linguistic experts were able to determine that the letters were written by the same person and he was concealing himself as an unintelligent, foreign terrorist)