Midterm Flashcards
Many few people change their shoes but they do change their (blank) after a murder
Clothes
If the crime is outside or inside think of if you will need to do
Do i need lighting, think of all the conditions, and how to think of not letting the evidence get lost
Process
activities performed
Scientific
Ballistics, Dna evidence, fingerprints
Artistic
Getting a witness, evidence from the victim
The process of collecting crime-related info to reach
certain goals
Determine if it is actually
a crime
Sometimes that evidence determines someone’s
innocents
Evidence can be very
extensive and can be outdoors
The Goal is to
solve the crime, desired end, to bring to justice, and closure
Why did the person kill or hurt the victim?
You do not alway get that answer
Criminal evidence
the facts and knowledge that are used to establish whether a crime was committed and who committed it
They always find evidence but
may not always be useful
Some evidence requires
scientific analysis
Forensic science
refers to the field of science that addresses legal questions
All professions involve
forensics or crime
Potential problems with evidence
- Relevance, take everything
- Too much evidence, can be overwhelming
- Accuracy, science part can be more accurate like ballistics
Myths and Misconceptions:CSI
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
Reactive
The crime occurs and than the police respond
- The discovery of the crime and police response
- Initial investigation
- Follow up investigation (Depends on the seriousness, the evidence available as documented in the initial investigation report)
- Closure
Proactive
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)
Police can
lie
Predisposition
(already a drug seller selling drugs) is essential to undercover strategies
Entrapment
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)
Information theory
The battle between the police and the perpetrator for crime related information
Mistakes are vital, leaving some
evidence behind for the police to find
Accidents and good fortune have led to
many solved crimes and discoveries
It is common to discover information about
One crime when investigating a different one (Homicide investigation- Narcotics Investigation arrests, one crime leads to a bigger crime)
Confirmation bias
People tend to pay attention to the information that supports their opinions while ignoring evidence to the contrary
Putting too much trust in
potentially unreliable evidence
Difficulty in changing one’s mindset about the crime of perpetrator when
a theory has been developed
What makes a good Investigators- Qualities/traits
Common sense, Integrity, Motivation (a kid killing on a playground)
What makes a good Investigators- Previous experience in law enforcement
Solid street knowledge, Knowledge of the law, reading/writing comprehensions skills, excellent oral and written communication skills
Each part of the criminal justice system has
a specialized function
All need to function properly in order to
reduce crime
Criminal justice system is also described as
a funnel
2.6 trillion- 600 billion, What times of crimes are the most expensive?
White collar crimes
Why do cases ‘Drop Out” of the system
Victims sometimes claim the crime was a personal matter or that they feel thats its not important enough
Why are some crimes are not solved by the police?
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
Thief-taker
A private citizen who was hired by the victim to recover the stolen property or to catch the thief
Thief-taker- Problems and Solutions
Prob: Worked for rich not poor, they would work with the thieves
Solution: Make detectives salaried so they could work for all cases
Thief-makers
Individuals who tricked others to commit a crime and turned them in for a parliamentary reward
Thief-makers- Problems and Solutions
Probs: Created criminals, they didn’t catch the,
Solutions: Make detectives reactive to crimes
Parliamentary rewards and informers
Rewards were offered by the gov to citizens who brought in criminal/provided info about criminals
Parliamentary rewards and informers- Problems and Solutions
Probs: Snitches get Stitches, people were unsupportive of the legal system and informers
Solution: Detectives for serious crimes
Political Era
Politicians controlling policing, led to corruption (Mid 1800s to Early 1900s)
Political Era- Curbside justice
Favored alternative to arrest
Political Era- Detectives (blank) criminals and their tactics, paid (blank), often in (blank) bc work was (blank)
Knew, well, disguise, secretive
Reform Era
Police professionalism was developed (1900s to 60s)
Reform Era- Created to separate the…
police from corrupt politicians
Reform Era- Police were…
experts who were efficient and effective at controlling crime
Reform Era- Detectives became…
ultimate professionals(media showed this)
Reform Era- Detectives were able to obtain their info from…
Scientific advancements as opposed to their familiarity with criminals (Fingerprints)
Community Problem solving era
Police citizen cooperation (60s to present)
Community Problem solving era- Cultural backdrop of the 60s led to policing crisis:
Police lacked legitimacy and crime was doubling
Community Problem solving era- Police citizen cooperation essential for…
police to be effective
Community Problem solving era- Strategies developed for community to share info with…
The Police (tip lines, community watch groups)
Community Problem solving era- Science and technology advancements
DNA, NCIC, psychological profiling, COMPSTAT, computer networks and databanks)
Community Problem solving era- Photography
(Led to the creation of the rogues gallery and wanted posters) (criminals can alter appearance and a picture is need to be useful)
Community Problem solving era- Bertillonage
(Improvement over photography), (11 measurement of the body can uniquely identify a person), (but it was difficile and error prone)
Community Problem solving era- Investigative tactics were used:
Dragnet roundup of suspects (Police would arrest all suspect persons until determined innocent)
Community Problem solving era- The third degree
Interrogated (many beatings)
Judicial Evidence
Admissible in court and meets the rules of evidence
Extrajudicial Evidence
Any info that an investigator can make decisions on but is not admissible in court proceedings, lie detector tests
Exculpatory Evidence
Any evidence that excludes or eliminates someone as a suspect
Inculpatory Evidence
Any evidence that includes or incriminates someone as a suspect
Establish proof that a crime was…
committed and that a particular person committed that crime
Probable Cause
It is more likely than not that a particular circumstance exists?
Probable Cause is relevant for police…
when making an arrest and conducting a search
Direct evidence
Crime-related info that immediately demonstrates the evidence of the fact in question, blood, all conclusions are made apparent
Indirect evidence or circumstantial evidence
Is crime-related info in which inference and probabilities are needed to draw an associated conclusion
Types of circumstantial evidence:
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
Testimonial evidence
Evidence that is presented in court through witness speaking under oath
Real evidence
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
Documentary Evidence
Refers to any evidence that is in document form, or documents some issue of relevance to the crime EX: Bank statements
Demonstrative Evidence
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
Hearsay
A type of testimonial evidence, Hearsay is repeating info that another person said: Unreliable and inadmissible in court proceedings.
Why is Hearsay unreliable?
The original person was not under oath and cannot be cross-examined
Exceptions to Hearsay
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,
Lay witness
Provide testimony that is limited to personally observed facts
Expert witness
Possess special knowledge about a fact of the case that needs examination, Frye Standard, Daubert Standard
Corpus delicti evidence
Refers to evidence that establishes that a crime actually occurred
Corroborative Evidence
Refers to evidence the supplements and strengthens already existing evidence
Cumulative Evidence
Refers to evidence that supplements but does not necessarily strengthen already existing evidence
Associative evidence
Refers to evidence that provides links between crimes, crime scenes, victims, suspects, and tools
Identification evidence
Refers to evidence that identifies a perpetrator
Behavioral evidence
Refers to evidence that provides a basis for identifying the type of person who may be responsible for the crime
Miranda v. Arizona
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.
Qualities that evidence must have in order for it to be admissible in court
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
Chain of custody must be maintained
Refers to the record security of physical evidence from the time of collection to its intro in court
Arrest Warrant
When a person is taken into custody for the purpose of prosecution of interrogation
Search Warrants
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)
An arrest warrant is required when
arresting someone in his/her home or in a third party’s home
4th Amendment: The Search Warrant Requirement and it exception
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
When is a search warrant not necessary?
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
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
Exclusionary Rule:
Evidence obtained in an unlawful or unreasonable search are excluded from court proceedings and are considered incompetent evidence
Exceptions to the exclusionary rule:
Good-faith exception, Inevitable discovery exception, Purged taint exception, Independent source exception
Impact of the Exclusionary Rule on Criminal Investigation
The purpose of the exclusionary rule is to defer unlawful police actions during searches and seizures
There are ways the police get around the 4th Amendment
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
5th Amendment
Protects citizens against self-incrimination
6th Amendment
People are granted the right to an attorney in legal proceedings
Impact of the 5th amendment legislation on criminal investigation
How often are confessions rules inadmissible due to Miranda warning?
Miranda Warnings and the Circumstances when it’s used
and the impact of the warnings
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
Class characteristic evidence
Share characteristics with a particular class or group
Individual characteristic evidence
Characteristics that can be identified as originating from a particular source
Primary Crime scene
The area where the crime actually occurred
Secondary crime scene
An area where significant evidence relating to a crime is found but not necessarily where the crime actually occurred
Arriving at the scene: Initial response/prioritization
(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)
Preliminary documentation and evaluation on the scene
- 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)
Conduct a neighborhood canvass
Door to door questioning of residents who live nearby
Locard’s Exchange Principle
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
Blood can be found
virtually anywhere in crime scenes and is most commonly found at serious crimes like homicide and assault
Saliva can be found on
cigarette butts, bite marks, bottles, cans, clothing, envelopes, and stamps
Hair is most commonly found
Most commonly found at homicide and assault crime scenes. Hair can be found on clothing washing machines, sinks, vehicles, and many other locations
Other Types of Physical Evidence
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
While evidence is collected at crime scenes
it is analyzed in crime labs most of the time
Mitochondrial DNA (MtDNA)
is inherited from an individual’s mother only
Nuclear DNA
Found in the nucleus of each cell and consists of billions of pairs of adenine, cytosine, guanine, and thymine
Analysis of fingerprints or friction ridge analysis consists of…
the method of identifying individualization characteristics
AFIS stored collected fingerprints to
help identify perpetrators
The FBI developed IAFIS as an improved version of
FIS that allows federal, state, and local agencies to share fingerprint info
CODIS
electronic database that stores and shares DNA information
Blood, in liquid form, should be absorbed with
cloth, air dried and packaged in a sealed paper bag and refrigerated prior to laboratory submission
Semen should be absorbed
air-dried, and packaged in a sealed paper bag
Saliva should be absorbed
air- dried, and packaged in a sealed paper bag, A control sample should be collected and packaged separately
There are both public and private facilities:
The most commonly performed test is DNA testinG
A huge problem associated with crime labs is
the sizeable backlog they face
Criminalistics
The science of physical evidence, particularly that of trace evidence
Forensic pathology
The science of dead bodies and autopsies
Forensic anthropology
The identification of skeletal remains of humans
Forensic odontology
The application of dentistry to legal matters
Forensic entomology
The science of insects in answering legal questions, especially time of death
Primary Witness
Have direct knowledge of a crime or suspect
Secondary Witness
Have info about related events before or after the crime
Witness provides info for a composite picture of the perpetrator
A forensic sketch or composite software (like FACES) can be created through a witness’ description
Mug shot books
Mug shot cooks contain photographs of previously arrested or detained individuals matching the witness’ description
Show-up identification
Show-up situations involve bring the suspect to the witness for identification, usually when there was a quick apprehension
Photo line-up or photo array
A picture of the suspect is viewed in addition to other similar looking individuals for the witness to identify the perpetrator
Physical, or live, line-up
Physical line-ups involve a witness viewing the suspect and other similar looking individuals in a controlled setting for identification
Eyewitness identification is one of the
least reliable types of info yet is the one of the most persuasive at establishing proof
Eyewitness error is the most
common factor in wrongful convictions
The rationale of line-up procedures
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
Cognitive interviewing encourages the witness to
reinstate the context of the observed event and systematically search through their memory for details
Police Interviews
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
An interrogations is all
questioning and other actions made by an investigator that is done with the intention of eliciting info from a suspect from criminal prosecution
The Role of Police Deception in Interrogation
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
(RPM) The rationalization defense is best approached
Through making the suspect believe that the suspect’s actions were rational
(RPM) The projection defense is best approached by
Projecting the responsibility of the criminal behavior onto someone else
(RPM) The minimization defense is best approached by
Reducing the suspect’s role in the crime of the seriousness of the crime
Feathering approach
where warmth, sincerity, and commitment to the truth are paramount over the sledgehammer approach
Steps in the Interrogation of Suspects
- Confront the suspect directly with a statement that he or she committed the crime and then wait for a reaction
- Classify the suspect as emotional or non-emotional
- Denials beyond the initial one should be cut off
- Objections then take place
- Make clear the intention of just getting the truth
- Continue the theme by showing that a confession is the best course of action
- Force the suspect to answer a yes or no question regarding the incident that admits to come involvement
- Have the suspect orally relate their involvement
- Turn the oral confession into a written one, Recorded (audio), Video
Emotional offenders
experience guilt and respond to emotional themes
Nonemotional offenders
do not experience a conscience and respond to rational themes
Why do people confess to crimes that they did not commit?
Compliant false confessions, Persuaded false confessions, and Voluntary false confessions
Miranda warnings has no
relationship with false confessions
The basic theory is that under stressful situations, like an interrogation, suspects will try…
to repress fight or flight responses through physiological changes
Verbal Cues Related to Deception
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
Polygraph is accurate?
Not always accurate (60%- 75% accuracy rates) but can be a useful threat in eliciting a confession
Usefulness of the polygraph
Infrequently admitted into court
A polygraph is
A machine that record the physiological responses (perspiration, blood pressure, and galvanic skin response) to psychological phenomena like the stress of deception
Computer stress analyzer
A machine that is supposed to detect in ones voice
Computer stress analyzer is not a valid
scientific assessment but can be useful in eliminating confessions
Crime Scene Profiling is
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
Geographic Profiling
A process that can help identify the location where a perpetrator lives through the analysis of the crime scene locations
Psycholinguistics
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
What are the assumptions about Crime Scene Profiling
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
The Effectiveness of Crime Scene Profiles
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
The History of Crime Scene/Psychological Profiling
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
Organized offenders
Same age/race as the victim, Younger than 35, Married, Above-average intelligence, Outgoing, Employed, Military backgrounds, and Lives away from the crime scene
Disorganized offenders
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
The Meaning of Perpetrator Actions and Crime Characteristics
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
Souvenirs
are tokens to help remember
Trophies
have intrinsic value; they are “rewards” for the offender
An MO
refers to the actions taken by the perpetrator
A signature
is the perpetrator’s actions done to attain emotional satisfaction
Staging
Can be revealing in and of itself
The assumption in Geographic Profiling is that
human being stay in their comfort zones
Anchor points
areas where an individual spends most of their time
The buffer zone
the area close to the perpetrator’s home where the perpetrator has a strong inclination not to commit a crime
Distance decay
the concept that as the distance away from a perpetrator’s home increases, the chances of him/her committing a crime decreases
Cognitive map
Familiar routes to and from these anchor points create an individual’s cognitive map
Statement Analysis
(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)
Statement Analysis- Useful in…
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)
