Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Chapter 2 Introduction of Basic Concepts

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Overview Crime and the Investigator Crime and the Investigator Criminal Investigation ̶ The Partial Solution Criminal Investigation ̶ The Partial Solution 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 To appreciate the importance of criminal investigation To appreciate the importance of criminal investigation To know what constitutes a successful investigation To know what constitutes a successful investigation List and define desirable traits of the investigator List and define desirable traits of the investigator Explain deductive and inductive reasoning Explain deductive and inductive reasoning Appreciate the importance of investigative ethics Appreciate the importance of investigative ethics Understand staffing of investigative divisions Understand staffing of investigative divisions Understand how various cases are assigned Understand how various cases are assigned

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Crime and the Investigator Crime is a major concern in the United States and this concern is well-founded Crime is a major concern in the United States and this concern is well-founded –Nearly 14 million serious crimes are reported yearly to the police –Even so, most crime is NOT reported to police –It is estimated that 49 million crime attempts occur every year Criminal investigators can reduce crime Criminal investigators can reduce crime –There are theories that few people commit most crimes –Investigators can identify those responsible, but they must: Be well trained Be well trained Have the proper equipment Have the proper equipment Work with prosecutors to obtain convictions Work with prosecutors to obtain convictions

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ What Criminal Investigators Do Identify and arrest suspects Identify and arrest suspects Testify in court Testify in court Return stolen property Return stolen property Work with victims in resolving their cases Work with victims in resolving their cases Without successful investigation outcomes: Without successful investigation outcomes: –Victims of crimes may not report violations –People feel that nothing can be done –NOTE: Currently approximately 50% of people don’t report crime because they believe: The police don’t want to be bothered The police don’t want to be bothered Nothing would come of it Nothing would come of it

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Criminal Justice System The entire criminal justice system must work together for success to be achieved The entire criminal justice system must work together for success to be achieved –Law enforcement –Courts –Corrections Investigations is a key component of law enforcement but it directly affects: Investigations is a key component of law enforcement but it directly affects: –Courts (testifying, hearings, trials, etc.) –Corrections (assisting probation and parole agents, joint investigations, etc.)

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Criminal Investigation–The Partial Solution What is “criminal investigation?” What is “criminal investigation?” –The logical, objective, legal inquiry involving a possible criminal activity Criminal investigations, when successful, answer the following seven questions… Criminal investigations, when successful, answer the following seven questions…

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Seven Questions Answered by Successful Investigations 1. Did a criminal violation occur? What happened? 2. Where, and at what time and date, did the crime occur? 3. Who were the individuals involved? 4. Are there witnesses? Who are they? 5. What physical evidence is there? 6. How was the crime committed? 7. Is there enough information to aid judicial officials in determining guilt or innocence?

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ DID A CRIME OCCUR? Vehicular homicide or accident? Vehicular homicide or accident? Self defense, voluntary manslaughter or murder? Self defense, voluntary manslaughter or murder? Long term consequences of injuries? Long term consequences of injuries? May be a real question!! May be a real question!!

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ ENOUGH EVIDENCE ? DA is responsible for prosecution. DA is responsible for prosecution. –He may “nol prosse” a case –Grand Jury may “No Bill” a case –Judge may dismiss charges –Directed verdict in court Investigators provide the evidence!!!

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Major Causes of Incomplete Investigations Attitude of the victim (reluctant, uncooperative, deceitful, etc.) Attitude of the victim (reluctant, uncooperative, deceitful, etc.) The physical condition of the scene of the crime (environmental decay, contamination, or dilution due to rain, time, tampering, and even the normal presence and activity of people on the scene after the event) The physical condition of the scene of the crime (environmental decay, contamination, or dilution due to rain, time, tampering, and even the normal presence and activity of people on the scene after the event) The presence or absence of witnesses The presence or absence of witnesses The lack of physical evidence The lack of physical evidence

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Desirable Traits of the Investigator Superior reasoning ability Superior reasoning ability Critical thinking Critical thinking –Differentiating between fact and opinion –Determining cause-and-effect relationships –Determining the accuracy and completeness of information presented –Recognizing logical fallacies and faulty reasoning –Developing inferential skills through deductive or inductive reasoning

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ A criminal case is a puzzle With a large puzzle- what do you need With a large puzzle- what do you need The box with a picture The box with a picture Knowledge of the number of pieces Knowledge of the number of pieces In a crime scene you have no picture In a crime scene you have no picture And you never have all the pieces

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Methods of Reasoning Basically two types Basically two types –Deductive Reasoning: forms a general conclusion prior to having a complete explanation based on facts Examples of cases served well by this method Examples of cases served well by this method –Robbery –Burglary –Inductive Reasoning: prevents a narrowing of perceptions and speculation Examples of cases served well by this method Examples of cases served well by this method –White-collar crimes –Major drug cases

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Defining Deductive Reasoning Works from the general to the specific Works from the general to the specific Follows the following process Follows the following process –Develop a theory –Formulate a hypotheses –Make specific observations –Test the hypotheses (tested in court) –Build your puzzle while putting it together Taken from

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Defining Inductive Reasoning Starts with specific observations and develops into general conclusions Starts with specific observations and develops into general conclusions Follows the following process Follows the following process –Specific observations –Finding patterns –Formulate hypotheses –Develop general conclusions (Tested in court) Taken from

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Desirable Traits of the Investigator (continued) Imagination Imagination Curiosity Curiosity Intuition Intuition Observational skills Observational skills Organizational ability Organizational ability Legal knowledge Legal knowledge Cultural understanding Cultural understanding Having a wide range of interests Having a wide range of interests Persistence Persistence

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Investigative Ethics Defined: The practical normative study of the rightness or wrongness of human conduct Defined: The practical normative study of the rightness or wrongness of human conduct The vast majority of investigators are professional and ethical The vast majority of investigators are professional and ethical There are some investigators that are corrupt, leading to questions such as: There are some investigators that are corrupt, leading to questions such as: –How can it affect the investigation? –What effects will it have on court testimony? –Is there anything that can be done about it? What are the causes of unethical conduct? What are the causes of unethical conduct?

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ How much is your badge worth?? Would you take a bribe Would you take a bribe What if you were told to just be on the other side of the county one night? What if you were told to just be on the other side of the county one night? A little something came in the mail? A little something came in the mail? Would you accept free coffee or half price on a meal while in uniform? Would you accept free coffee or half price on a meal while in uniform?

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Unethical Conduct by Investigators Potential causes include: Potential causes include: –Pressure to make arrests –Greed –Peer influence –An “end justifies the means” attitude Specific examples of unethical conduct Specific examples of unethical conduct –Entrapment –Misconduct during suspect interviews –Courtroom deception (perjury) –Evidence fabrication

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Criminal Investigation–the Current State of the Art Investigators can be classified according to three basic types: Investigators can be classified according to three basic types: –The police investigator –The public investigator –The private investigator

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Police Investigator Defined: A law enforcement officer working toward the resolution of a criminal matter through investigative action Defined: A law enforcement officer working toward the resolution of a criminal matter through investigative action Not all departments have plainclothes investigators assigned to a detective division Not all departments have plainclothes investigators assigned to a detective division In larger departments, approximately 10% of the sworn personnel are assigned as investigators. In larger departments, approximately 10% of the sworn personnel are assigned as investigators.

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ NYPD Detective Org Chart

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ LCSO Investigative Div. Criminal Investigators Criminal Investigators Evidence collection and preservation Evidence collection and preservation Crime scene Crime scene Narcotics Task Force Narcotics Task Force Interstate Crime Enforcement Interstate Crime Enforcement Seizures and Forfeitures Seizures and Forfeitures Sex Offender Registry Sex Offender Registry

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Typical Detective Bureau Organizational Chart

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Detective Divisions–Cases Assigned by Type Cases may be assigned to specialized investigators according to the nature of the offense Cases may be assigned to specialized investigators according to the nature of the offense –Desirable, as it: Offers victims expertise in dealing with their situation (as in rape investigations) Offers victims expertise in dealing with their situation (as in rape investigations) Enhances success by grouping crimes with common elements together Enhances success by grouping crimes with common elements together –Undesirable if a particular specialization becomes overloaded

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Detective Divisions–Cases Assigned by Case Load Involves no consideration of the nature of a crime Involves no consideration of the nature of a crime Assumes all officers: Assumes all officers: –Are generalists –Are equally competent Assignments are made on a rotation basis Assignments are made on a rotation basis This method is generally considered a poor administrative practice This method is generally considered a poor administrative practice

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Case Assignment by Type or Case Load ̶ Which is Better?

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Detective Divisions–Cases Assigned by Priority Can be used in either case assignment method (by type or caseload) Can be used in either case assignment method (by type or caseload) Used when there are large caseloads Used when there are large caseloads The relative seriousness of each offense is used to make a priority ranking The relative seriousness of each offense is used to make a priority ranking –Felony vs. misdemeanor –Death or degree of injury Also taken into account Also taken into account –Solvability –Media attention –Property crime vs. crime against a person

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Case Priority Rankings 1 st Priority Crimes Against Persons Crimes Against Persons –Homicide –Rape –Deviant sexual conduct –Robbery –Assaults with injury 2 nd Priority Crimes Against Property Crimes Against Property –Burglary –Larceny –Auto theft 3 rd Priority Others Others –Fraud –Embezzlement

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Uniform Crime Report UCR Uniform Crime Report UCR Reported by all Police agencies Compiled by the FBI Crimes per 100,000

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Crimes Counted Crimes Counted Crimes against persons(violent crimes) Crimes against persons(violent crimes) Murder Murder Aggravated Assault Aggravated Assault Forcible Rape Forcible Rape Robbery Robbery

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Crimes Counted (Cont’d.) Property Crimes Property Crimes Burglary Burglary Larceny Theft Larceny Theft Motor Vehicle Theft Motor Vehicle Theft Arson Arson

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ UCR Calculation (no. crimes/ population) X 100,000 (no. crimes/ population) X 100,000 Example Example 200 murders/400,000 X 100, murders/400,000 X 100,000 Crime Rate equals 50 Crime Rate equals 50

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Three Types of Investigators Described by Agency Police Investigators Police Investigators Public Investigators Public Investigators Private Investigators Private Investigators State Investigators Federal Investigators

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Police: State Investigators State investigators have state-wide jurisdiction State investigators have state-wide jurisdiction Can coordinate multi-agency investigations Can coordinate multi-agency investigations Assist, on request, in specialty investigations such as: Assist, on request, in specialty investigations such as: –Narcotics –Organized crime –Inter-county criminal violations –Child pornography –Homicide –Arson –Gambling

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Police: Federal Investigators There are more than 88,000 federal law enforcement officers There are more than 88,000 federal law enforcement officers 40,000 are plainclothes criminal investigators 40,000 are plainclothes criminal investigators –Treasury Department –Department of Justice –Department of Defense –Department of Homeland Security

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Public Investigator Employed by public agencies Employed by public agencies –Local and county defender’s office –Coroner’s office –U.S. Office of Personnel Management Empowered by state or federal statute to perform a specific task Empowered by state or federal statute to perform a specific task Can overlap into criminal areas Can overlap into criminal areas

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Private Investigator Not associated with government agencies Not associated with government agencies Profit-oriented Profit-oriented Clients often include: Clients often include: –Private citizens –Lawyers –Insurance companies

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Review Questions 1. List three duties of the criminal investigator. 2. What are the three components of the criminal justice system? 3. What are the seven questions answered in successful investigations? 4. What are some of the causes of investigative cases not successfully resolved? 5. Explain the difference between inductive and deductive reasoning. 6. List three desirable traits of the competent investigator. 7. Name the three types of investigators.

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