Test 1 Flashcards

1
Q

Article 1

A

Gives legislative powers to a Congress composed of a senate and a house of representatives

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2
Q

Article 2

A

Gives executive powers to the president of the US

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3
Q

Article 3

A

Gives judicial powers to the supreme court of the US

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4
Q

Amendment 1

A
Freedom of speech
Freedom of religion
Freedom of press
Right to assemble
Right to petition the gov
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5
Q

Amendment II

A

Right of the people to keep and bear arms

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6
Q

Amendment III

A

No soldier shall, in time of peace, be quartered in any house without the consent of the owner

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7
Q

Amendment IV

A

Protection of persons, papers, houses and effects against unreasonable searches and seizures by the government
No warrants shall be issued but upon probably cause, supported by oath or affirmation, describing with particularity the places to be searched or the people and things to be seized.

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8
Q

Amendment V

A

Right to due process
Right against double jeopardy
Right against self incrimination
No person shall be held to answer to a capital or infamous crime unless on a presentment or indictment of a grand jury
Government may not take private property for public use without just compensation

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9
Q

Amendment VI

A
Right to counsel
Right to speedy and public trial by jury
Right to confront witnesses
Right to have witnesses in your defense
Right to be noticed of charges against you
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10
Q

Amendment VII

A

Right to trial by jury in civil cases where the value of the controversy exceeds $20

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11
Q

Amendment VIII

A

Right against cruel and unusual punishment
Right against excessive bail
Right against excessive fines

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12
Q

Amendment IX

A

Rights of the people are not specifically limited to those listed in the constitution

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13
Q

Amendment X

A

Those rights not set forth in the constitution are reserved to the states to decide

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14
Q

Characteristics of an interview

A

Nonaccusatory
The purpose is to gather info
Conducted early in the process (whereas interrogation comes later)
Can be conducted in a variety of environments
Free flowing and relatively unstructured
Investigator should take notes

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15
Q

Characteristics of an Interrogation

A

Accusatory
Involves active persuasion
Purpose is to learn the truth
Conducted in controlled environment
Conducted only when investigator is reasonably certain of suspect’s guilt
Investigator should not take notes until suspect has told truth and is committed to that position

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16
Q

Theme

A

Something that makes the suspect feel like what they did was understandable or ok

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17
Q

Case facts

A
Come from: 
Records and documents
Computer data
Victim and witness interviews
Read evid, such as DNA, ballistics, fingerprints, blood stains, and trace evid
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18
Q

Fact Analysis

A

Using facts to determine:
Who had motivation
Unique access to the area, weapon, vehicles etc
Window of time the crime was committed
Characteristics of the person who committed the crime

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19
Q

Who should interviews begin with?

A

Those least likely to be guilty

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20
Q

Difference between interviewing truthful and guilty people

A

truthful- speak openly about other people’s possible motives, propensities or opportunities
guilty- concerned about what others may have said

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21
Q

Victim Interviews:

A

If possible, victims should be interviewed first

It is not unusual for victim to know more about the incident than anyone except the suspect

22
Q

Physicians Estimate of Time of Death

A

Investigator should not completely rely on any info.- it should all be verified if possible
Specific time of death provided by a pathologist should be viewed as an approximation and considered carefully
Not all physicians have enough forensic training to be completely accurate

23
Q

Circumstantial Evid

A

When circumstantial evid and esp physical evid points to particular person, that person is usually the one who committed the crime
No one should be eliminated from suspicion due to their professional or social status
If evid. is there, follow it to its logical conclusion

24
Q

What is there to consider when getting info from fact-giver (FG)?

A

Are they so sure of suspect’s guilt that their info is colored?
If the FG is another investigator, have they prematurely accused the suspect?
If that is the case, you as an investigator must spend the time necessary to defuse the suspect’s state of mind if they are demonstrating anger or resentment

25
What may happen if the Fact giver (FG) has invested so much time into the case that they have lost perspective?
They may have witheld info which did not fit their theory They may have provided unfounded info to make their story stronger Their emotional involvement makes them stop feeling like the truth seeker and more like the prosecutor Instead of attempting to learn the truth, they are trying to build a case
26
Investigator Rivarlies
Conduct separate interviews than investigators from other agencies Beware of egos getting in the way
27
Fact Giver Report
Jot down notes-fill details in later Don't interrupt- it may break continuity and result in loss of important info Reiterate what FG says and ask for clarification Verbalize account of the info to stimulate more questions If appropriate, encourage FG to sketch crime scene with noted relevant points
28
What should you ask when interviewing a person regarding the facts of the case?
Who they believe who might have committed the crime and why Their theory of the case The FG often is more familiar with possible suspects than the investigator esp if they are coworkers or family members etc..
29
Paid Informants
Investigators should be cautious of info from paid informants- they have vested interest (money or favorable treatment), and may be trying to reduce competition or satisfy a grudge It is good to view "tips" or anonymous info with suspicion
30
Cases involving money or property
Possible that no crime was committed- could have been misplaced or deliberately hidden to support insurance fraud A skillful investigator may uncover inconsistencies that must not be ignored
31
Info regarding possible suspects
1) personal background 2) physical and mental condition 3) attitude toward investigation 4) relationship to victim and crime scene 5) motives 6) alibi 7) prejudices, home environment, hobbies 8) sexual deviation if related to offense
32
Psychological Bridge
A theme- describes how a "good person" made their way to commit that bad act- makes their crime "justifiable"
33
Key aspect of good interrogation
Coming up with a theme!
34
Important questions to raise at outset of investigation
Method used to commit crime Probably suspects POssibility of false report Whether inside assistance was used
35
Generally, motivations for criminal behavior falls into what 3 categories?
1. need 2. greed 3. power NEED AND GREED INVOLVE THEFT CRIMES
36
Indications of Need motivated crimes
Stealing less than everything Bold theft (robbing in broad daylight) One person thefts (person acts on their own) Suspect is described as nervous or hesitant
37
Indications of Greed motivated crimes
Stealing everything of value Carefully planned and executed Multiple participants Suspect exhibits controlled and confident demeanor Con games Suspects have an established propensity for theft
38
What is encompassed in power crimes?
``` Sex crimes Most physical assaults Some arsons Many homicides Suspects who commit these crimes have a propensity for that behavior ```
39
2 types of power motivated crimes
Passive- suspect verbally manipulates the victim, generally no significant physical injury Aggressive- Victim will be unnecessarily brutalized sometimes to the point of death. offender experiences an emotional thrill from committing the crime
40
Indications of passive power motivated crimes
Offenders almost always act alone Victim is carefully selected for vulnerability Victim is often intoxicated or intimidated Offender often has experienced early emotional pain Offender may have identity insecurity Offender may hold a position of power or respect
41
Indications of aggressive power motivated crimes
If victim is random, offenders are likely to act as a group Victims are selected opportunistically Rapes involve unusual acts Victim is humiliated Offender often has experienced early traumatic physical pain Offender has a strict and often religious background
42
Analyzing crime scene from perspective of the offender
Is there evid of access to keys or codes What is the exact nature of the wound How much time did the offender spend at the scene How did offender get to and from scene Which suspects have access to weapon used Any evid. the offender was under the influence of drugs/alcohol at time of crime
43
3 general suggestions for questions that investigators should ask
1. what info or equipment did offender need to commit crime? 2. What did the offender do to commit the crime? 3. Why was the crime committed the way it was and at the time it was?
44
Series of cash thefts from single business usually points to __ ____; theft of large amount usually means ___ _____
One offender; multiple offenders
45
When all the money is stolen, look for someone with
unusual access
46
Crimes of homicide or arsons are normally committed by
a single individual unless gang activity is involved
47
Before conducting an interrogation, the investigator should know what?
- determine if the suspect had been previously interrogated and how they have been treated while in custody - if suspect has any known physical, mental or emotional impairments - learn the suspects previous attitude about the anticipated interview
48
Danger signals for eye witness IDs
Witness initially stated thye would be unable to ID offender Witness knows suspect prior to crime Witness has discrepancy b/w original description and actual appearance of suspect (previously ID someone else, other witnesses didn't ID suspect, witness had limited opportunity to see suspect, witness and suspect are different races)
49
Eye witnesses for child sexual abuse cases
If child IDs person and relates account of event, their IS is rarely invalid In such cases, investigator must be aware the child may be being exploited by adult for reasons like revenge, custody issues or anger
50
Repressed Memories
Allegations of past abuse that surface during psychotherapy or counseling should be considered less reliable than those spontaneously reported
51
When investigating alligations surfacing as a product of repressed memories, the investigator should
elicit as much specific info as possibile when interviewing the victim- exact dates, locations, doctor visits, and who the victim told about the abuses if multiple incidents of extreme abuse are reported, investigators should look for associated problem
52
When attempting to show intent, investigators should
Compare suspects story to crime scene, victim statement and suspects normal behavior Focus interrogation on behavior rather than intent If suspect initially denies but later admits to act but denies intent, probably lying about lack of intent If polygraph is used, ensure examiner is qualified because intent is one of most difficult issues to address