Test 1 Flashcards
Article 1
Gives legislative powers to a Congress composed of a senate and a house of representatives
Article 2
Gives executive powers to the president of the US
Article 3
Gives judicial powers to the supreme court of the US
Amendment 1
Freedom of speech Freedom of religion Freedom of press Right to assemble Right to petition the gov
Amendment II
Right of the people to keep and bear arms
Amendment III
No soldier shall, in time of peace, be quartered in any house without the consent of the owner
Amendment IV
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.
Amendment V
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
Amendment VI
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
Amendment VII
Right to trial by jury in civil cases where the value of the controversy exceeds $20
Amendment VIII
Right against cruel and unusual punishment
Right against excessive bail
Right against excessive fines
Amendment IX
Rights of the people are not specifically limited to those listed in the constitution
Amendment X
Those rights not set forth in the constitution are reserved to the states to decide
Characteristics of an interview
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
Characteristics of an Interrogation
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
Theme
Something that makes the suspect feel like what they did was understandable or ok
Case facts
Come from: Records and documents Computer data Victim and witness interviews Read evid, such as DNA, ballistics, fingerprints, blood stains, and trace evid
Fact Analysis
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
Who should interviews begin with?
Those least likely to be guilty
Difference between interviewing truthful and guilty people
truthful- speak openly about other people’s possible motives, propensities or opportunities
guilty- concerned about what others may have said
Victim Interviews:
If possible, victims should be interviewed first
It is not unusual for victim to know more about the incident than anyone except the suspect
Physicians Estimate of Time of Death
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
Circumstantial Evid
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
What is there to consider when getting info from fact-giver (FG)?
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
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
Investigator Rivarlies
Conduct separate interviews than investigators from other agencies
Beware of egos getting in the way
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
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..
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
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
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
Psychological Bridge
A theme- describes how a “good person” made their way to commit that bad act- makes their crime “justifiable”
Key aspect of good interrogation
Coming up with a theme!
Important questions to raise at outset of investigation
Method used to commit crime
Probably suspects
POssibility of false report
Whether inside assistance was used
Generally, motivations for criminal behavior falls into what 3 categories?
- need
- greed
- power
NEED AND GREED INVOLVE THEFT CRIMES
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
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
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
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
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
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
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
3 general suggestions for questions that investigators should ask
- what info or equipment did offender need to commit crime?
- What did the offender do to commit the crime?
- Why was the crime committed the way it was and at the time it was?
Series of cash thefts from single business usually points to __ ____; theft of large amount usually means ___ _____
One offender; multiple offenders
When all the money is stolen, look for someone with
unusual access
Crimes of homicide or arsons are normally committed by
a single individual unless gang activity is involved
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
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)
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
Repressed Memories
Allegations of past abuse that surface during psychotherapy or counseling should be considered less reliable than those spontaneously reported
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
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
