Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Historical Origins of Criminal Investigation Chapter 1

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Overview The Evolution of the Detective The Evolution of the Detective Development of Criminalistics Development of Criminalistics Legal Influences on the Development of Criminal Investigation Legal Influences on the Development of Criminal Investigation Review Questions Review Questions Opportunity for Student Questions Opportunity for Student Questions

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Learning Objectives Understand historical evolution Understand historical evolution Appreciate the relationship of European and American origins of criminal investigation Appreciate the relationship of European and American origins of criminal investigation Comprehend the concept of thief-catching Comprehend the concept of thief-catching Account for similarities and differences of early American investigators and European counterparts Account for similarities and differences of early American investigators and European counterparts Familiarize with American investigators who were instrumental to the development of present-day investigation Familiarize with American investigators who were instrumental to the development of present-day investigation Comprehend the development of forensic science Comprehend the development of forensic science List prominent European and American criminalists List prominent European and American criminalists Understand the importance of legal influences on the development of criminal investigation Understand the importance of legal influences on the development of criminal investigation

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Evolution of the Detective: European Origins Law enforcement efforts evolved over centuries Law enforcement efforts evolved over centuries –Frank-pledge system (middle ages) –Tithings ̶ subgroups of ten families –Watches ̶ government and merchant-financed patrols (through the seventeenth century) –Parliamentary Reward System (abolished in 1818) –Thief-taking (early 1700s)

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Evolution of the Detective: European Origins Develop The English Detective: The Bow Street Runners (1748) The English Detective: The Bow Street Runners (1748) Sir Robert Peel Sir Robert Peel –Known as the father of modern policing –Instrumental in the creation of the Metropolitan Police Act which created the London Metropolitan Police (Scotland Yard) in 1829 In 1877, Scotland Yard created the Criminal Investigation Department In 1877, Scotland Yard created the Criminal Investigation Department

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Peel’s Principles of Police The Police must be stable, efficient and organized along military lines. The Police must be stable, efficient and organized along military lines. The Police must be under government control. The Police must be under government control. The absence of crime will best prove the efficiency of Police. The absence of crime will best prove the efficiency of Police. The distribution of crime news is essential. The distribution of crime news is essential.

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Peel’s Principles Cont’d. The deployment of Police strength by time and area is essential. The deployment of Police strength by time and area is essential. No qualityis more indispensable to Police than a perfect command of temper: a quiet, determined manner has more effect than violent action. No qualityis more indispensable to Police than a perfect command of temper: a quiet, determined manner has more effect than violent action. Good appearance commands respect. Good appearance commands respect.

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Peel’s Principles Cont’d. The securing of training of proper persons is at the root of efficiency. The securing of training of proper persons is at the root of efficiency. Public security demands that every officer be given a number. Public security demands that every officer be given a number. Police Headquarters should be centrally located and be easily accessible to the people. Police Headquarters should be centrally located and be easily accessible to the people.

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Peel’s Principles Cont’d. Policemen should be hired on a probationary basis. Policemen should be hired on a probationary basis. Police records are necessary to the correct distribution of Police strength. Police records are necessary to the correct distribution of Police strength.

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Evolution of the Detective: U.S. Origins Growth in the U.S. parallels Europe Growth in the U.S. parallels Europe –Volunteer night watches began in 1636 –Daytime paid police patrols began in 1830s –Northern states differed in development from southern states –Local mayors often personally administered punishment

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Evolution of the Detective: U.S. Origins Develop 1849 marks the first detective in Chicago 1849 marks the first detective in Chicago Plainclothes detectives became very popular and were a rapid development in comparison to European use of investigators Plainclothes detectives became very popular and were a rapid development in comparison to European use of investigators In Europe it was felt that the use of informants was beneath the Police dignity. In Europe it was felt that the use of informants was beneath the Police dignity. By the 1890s, nearly all heavily populated U.S. cities had full-time detectives By the 1890s, nearly all heavily populated U.S. cities had full-time detectives

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Who Was Alan Pinkerton? America’s foremost detective America’s foremost detective Known as… Known as… “America’s Founder of Criminal Investigation” First detective of the Chicago Police Department in 1849 First detective of the Chicago Police Department in 1849 Opened a private detective agency in the early 1850s–the North-Western Police Agency Opened a private detective agency in the early 1850s–the North-Western Police Agency

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Criminal Investigation on the Federal Level Congress created the office of the attorney general in 1789 Congress created the office of the attorney general in 1789 Until 1865, most federal investigations were contracted out to private detectives Until 1865, most federal investigations were contracted out to private detectives From 1865 ̶ 1870 the federal government created: From 1865 ̶ 1870 the federal government created: –U.S. Secret Service –Internal Revenue Service –Custom Service –Department of Justice FBI created in 1909 but wasn’t organized until 1924 by J. Edgar Hoover FBI created in 1909 but wasn’t organized until 1924 by J. Edgar Hoover

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Federal Bureau of Investigation Significant contributions to the overall development of criminal investigation Significant contributions to the overall development of criminal investigation Created a national identification file in Washington D.C. Created a national identification file in Washington D.C. Uniform Crime Reports Bulletin (Index Crimes tracked) Uniform Crime Reports Bulletin (Index Crimes tracked) Crime laboratories Crime laboratories Leaders in investigative competence Leaders in investigative competence

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Development of Criminalistics Prior to the 1900s, investigations relied mostly upon interactions of people Prior to the 1900s, investigations relied mostly upon interactions of people –Informants –Interviews –Interrogations Forensic science now has a prominent role in almost all criminal investigations Forensic science now has a prominent role in almost all criminal investigations

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ What is Forensic Science? The application of natural science to the detection of crime The application of natural science to the detection of crime –Chemistry –Physics –Biology –Mathematics Scientifically trained investigators function as a liaison between specialized scientists and police officials Scientifically trained investigators function as a liaison between specialized scientists and police officials There are over 300 public crime labs in the U.S. today There are over 300 public crime labs in the U.S. today

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Organization of a State Crime Lab (Based on WI Crime Lab) Scientific analysis of physical evidence is conducted by 10 or 11 specialized units grouped into three sections. (A brief description of the areas of analysis for each unit is listed below.) Chemistry Chemistry – Drug Identification – Toxicology – Trace Criminalistics Criminalistics – Firearm/Toolmark – Identification – Forensic Imaging – Questioned Document – Field Response – AFIS DNA Analysis DNA Analysis – DNA Databank – DNA Analysis Information obtained from:

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Alphonse Bertillon: Founder of Criminal Identification Bertillon Bertillon –Recognized, in 1879, the shortfalls of existing methods of identifying criminals –Created a new system called anthropometry, adopted in 1882 Human body measured in 11 critical places Human body measured in 11 critical places Color of eyes, hair, and skin Color of eyes, hair, and skin System was 4,194,304 to 1 accurate System was 4,194,304 to 1 accurate Adopted by police departments in Europe and the U.S. for more than 20 years Adopted by police departments in Europe and the U.S. for more than 20 years

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Alphonse Bertillon: Founder of Criminal Identification Continued… Bertillon Bertillon –Credited with the “mug shot” –Developed the famous portrait parle’ –Instrumental in the science of fingerprinting–first expert in Europe to solve a murder case solely by means of fingerprint evidence –Died in 1914; known today for being instrumental for the inclusion of science and record-keeping in police identification

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Other Contributors to Criminalistics Juan Vucetich Juan Vucetich –Fingerprint classification Francis Galton Francis Galton –Dactylography (Fingerprint Identification) Edward Richard Henry Edward Richard Henry –Devised a fingerprint classification system Arthur Conan Doyle Arthur Conan Doyle –Wrote fiction depicting Sherlock Holmes

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Other Contributors to Criminalistics Karl Landsteiner Karl Landsteiner –Agglutination of human blood (blood types) Calvin H. Goddard Calvin H. Goddard –Forensic ballistics Hans Gross Hans Gross –Wrote field handbook for criminal investigation Robert Heindl Robert Heindl –Witness perception and reliability ̶ he wrote a book that classified tire patterns

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Other Contributors to Criminalistics Edmond Locard Edmond Locard –Founded the Institute of Criminalistics –Coined “Every contact leaves a trace” Rudolph Reiss Rudolph Reiss –Forensic photography Harry Soderman Harry Soderman –Wrote Modern Criminal Investigation

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Other Contributors to Criminalistics August Vollmer August Vollmer –Concepts in police organization and administration –Supervised Larson in developing the polygraph Paul L. Kirk Paul L. Kirk –Founded crime labs in Chicago and St. Louis –Wrote Crime Investigation: Physical Evidence and the Police Laboratory Alec Jeffreys Alec Jeffreys –Discovered DNA profiling

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Legal Influences on the Development of Criminal Investigation Criminal investigation is strictly governed by the law Criminal investigation is strictly governed by the law Investigators must be aware of the legal guidelines Investigators must be aware of the legal guidelines Important constitutional issues are found in: Important constitutional issues are found in: –The Bill of Rights –The 14 th Amendment

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Relationship to Feds!! The Congress abhorred in anything that appeared to be a strong central government. The Congress abhorred in anything that appeared to be a strong central government. Still 13 independent countries Still 13 independent countries Had to have protection FROM government Had to have protection FROM government

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Bill of Rights The first ten amendments to the Constitution The first ten amendments to the Constitution Guarantee personal rights Guarantee personal rights Particular importance to criminal investigation include the: Particular importance to criminal investigation include the: –Fourth Amendment ̶ search and seizure –Fifth Amendment ̶ obtaining information and confessions –Sixth Amendment ̶ assistance of counsel

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Fourth Amendment The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Fourth Amendment: Affecting Criminal Investigations The exclusionary rule states that evidence obtained as a result of unreasonable searches and seizures may not be admitted into federal court The exclusionary rule states that evidence obtained as a result of unreasonable searches and seizures may not be admitted into federal court Rule was made applicable to state criminal courts by the U.S. Supreme Court in the case Mapp v. Ohio Rule was made applicable to state criminal courts by the U.S. Supreme Court in the case Mapp v. Ohio

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Famous Constitutional Court Cases Mapp v. Ohio (exclusionary rule is applied to state courts) Mapp v. Ohio (exclusionary rule is applied to state courts) Escobedo v. Illinois (when the investigation shifts to accusatory, the suspect is allowed an attorney) Escobedo v. Illinois (when the investigation shifts to accusatory, the suspect is allowed an attorney) Miranda v. Arizona (when a suspect is interrogated while in custody, he or she must be advised of their constitutional rights or any statements obtained are inadmissible) Miranda v. Arizona (when a suspect is interrogated while in custody, he or she must be advised of their constitutional rights or any statements obtained are inadmissible)

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ EXCEPTIONS Public Safety Public Safety Exigent circumstances Exigent circumstances Inevitable discovery Inevitable discovery Good Faith Good Faith

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ EXCEPTIONS Cont’d. are_there_exceptions_to_the_ex.php are_there_exceptions_to_the_ex.php are_there_exceptions_to_the_ex.php are_there_exceptions_to_the_ex.php Probable Cause Probable Cause

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Exclusionary Rule Weeks v. US. Weeks v. US. Mapp v. Ohio Mapp v. Ohio Escobedo v. Illinois Escobedo v. Illinois Miranda v. Arizona Miranda v. Arizona

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Review Questions 1. Explain the importance that Sir Robert Peel had on modern policing. 2. Who was Alan Pinkerton? 3. Describe the role of the FBI. 4. Define criminalistics. 5. What is forensic science? 6. Explain the importance of the constitution on criminal investigations. 7. What is the exclusionary rule?

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Student Questions