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Criminal Investigations An Introduction

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Presentation on theme: "Criminal Investigations An Introduction"— Presentation transcript:

1

2 Criminal Investigations An Introduction
29.1 John F. Korpi, Instructor

3 Criminal Investigations An Introduction
29.1 – The student will have a working knowledge of the goals and objectives of criminal investigations Each goal and objective will be explained as the block continues. Read the overall goal of this block of instruction to the cadets.

4 29.1.1. Define Criminal Investigation
This is the objective for instruction that will follow. Read the objective to the cadets.

5 Criminal Investigations An Introduction
Lawful search For people, land, things useful In reconstructing The circumstances of an illegal act or omission And mental state accompanying it Describe each of the variables point by point so students understand

6 29.1.2. IDENTIFY THE TOOLS OF THE CRIMINAL INVESTIGATOR
This is the objective for instruction that will follow. Read the objective to the cadets.

7 TOOLS OF THE CRIMINAL INVESTIGATOR
Information – knowledge gathered from other persons Facts from the crime Facts from records Info from other sources Interviews- witnesses with no reason to withhold info Interrogation – suspects reluctant to divulge info Instrumentation – methods to detect crime Discuss each tool and how it relates to gaining knowledge of the crime and to aid in the investigation

8 29.1.3. List the goals of criminal investigation
This is the objective for the instruction that will follow. Read the objective to the cadets.

9 GOALS OF CRIMINAL INVESTIGATION
Determine if a crime has been committed Effect a legal arrest Gather evidence that identifies a suspect Recover stolen property Prepare the best case possible for prosecution Be alert for any info that tends to prove or disprove the allegation DISCUSS EACH AND ASK STUDENTS FOR OTHER GOALS THEY MAY THING OF. KEY IN ON THE LAST SENTENCE AND MAKE THEM AWARE THAT NOT ALL ALLEGATIONS ARE TRUE AND THAT PROPER INVESTIGATIVE WORK IS THE ONLY WAY TO PROVE OR DISPROVE AN ALLEGATION – NO SHORTCUTS – THOROUGH WORK DETERMINES THE OUTCOME

10 29.1.4. Identify the duties of the officer conducting the preliminary investigation
This is the objective for the instruction that will follow. Read the objective to the cadets.

11 PRELIMINARY INVESTIGATION DUTIES
Establish whether a crime has been committed Arrest the perpetrator Determine the type of crime Category Specific classification if possible Render aid to the injured This is crucial, did a crime occur, who did it, what was it, and what are you the investigator going to do about it

12 PRELIMINARY INVESTIGATION DUTIES
Eyewitness cases Obtain a description of the perpetrator Vehicle Direction of flight Transmit the information Getting the information and getting it out is important and crucial to solving the case and apprehending the perp

13 PRELIMINARY INVESTIGATION DUTIES
Locate and interview victim and witnesses Record stories and take statements Record identity, addresses, and other necessary date for future contacts Interview as soon as practical, separate the witnesses so they cannot collaborate on their stories; take statements – people change stories later and may refute what they claimed initially; identify all and get good addresses/phone numbers, work & home for future contacts by investigators, other agencies, and the courts

14 PRELIMINARY INVESTIGATION DUTIES
Protect the scene Search for and collect evidence Mark evidence for identification Protect evidence from change, loss, damage, or contamination Safeguard to protect integrity – control from collection to trial Ensure lawful search and you have the right to be there. Follow basic evidence collection techniques to ensure the evidence will be legally and properly admitted into court

15 PRELIMINARY INVESTIGATION DUTIES
Determine how the crime was committed Extent of personal injuries Nature and value of property taken Look at the scene and try to read it to see what, how, why, when, where, and who did it. The extent of the injuries can aid in determining the above. Items taken can lead to arrests and determine what happened, where the items may be, and who may have taken them, i.e. juveniles, family members, ordinary criminals or professionals – provides modus operandi

16 PRELIMINARY INVESTIGATION DUTIES
Record the scene Field notes Observations with all senses Stories from witnesses/participants Crime scene search Evidence collected and disposition Photos (video) Sketches Write and submit your report This is crucial to an investigation and successful prosecution. Field notes are the most critical and all others build off of the notes; photos supplement the notes and sketches supplement the notes and photos. The report is written based on all of the above – cannot write a good thorough report with good notes and supplementary material

17 29.1.5. Identify the elements of the continuing or follow-up investigation
This is the objective for the instruction that will following. Read the objective to the cadets.

18 CONTINUING OR FOLLOW-UP INVESTIGATION
Follow-up is necessary to the identification, arrest and prosecution of the perpetrator (s) Develop or revise a scheme of the crime Analyze the legal significance of facts/evidence Search for new witnesses, reinterview previous witnesses Liaison with lab persons and assess reports ID and arrest perpetrator and accomplices Conduct surveillance and interrogation as necessary Prepare case and confer with prosecutor Follow-up is vital and often left undone. Be thorough and continue to chase down leads and items that need to be clarified. Ask the tough questions to yourself – have I done enough. Write up leads and check them off. Read reports from other officers, talk to them, may have left out some info. Replay all efforts in your mind to see if there is something you missed and needs to be done – then do it and record it.

19 29.1.6. Define corpus delicti and discuss its significance in the criminal investigative process
This is the objective for instruction that will follow. Read the objective to the cadets.

20 “CORPUS DELICTI” THE BODY OF THE CRIME
It is the body of the crime Foundation or substance of the scene The act and the evidence of a crime Something happened and it is a crime Need to prove a crime occurred and the elements of the offense are present in order to bring the matter to court where guilt or innocence is determined Gather the facts to prove or disprove the allegation An allegation is not a crime, there has to be evidence, real or testimonial, to prove it was committed and who did the act. A reported murder with no witnesses, lack of substantial evidence, and no body is not sufficient to bring the matter to court

21 29.1.7. Define evidence and discuss its legal significance
This is the objective for the instruction that will follow. Read the instruction to the cadets.

22 EVIDENCE Includes all means by which an allegation is established (proved) or disproved Significance rests with the judge or jury Has to be obtained and maintained legally Impartial (proves or disproves) Material (bearing on the case) Relevant (relates to the case) This will be repeated again and again…sooner they understand the better it will be for them to collect and preserve it properly

23 29.1.8. Define reasonable doubt and discuss its significance in criminal cases
This is the objective for the instruction that will follow. Read the objective to the cadets.

24 REASONABLE DOUBT The standard used by courts to determine guilt or innocence of a person charged with a crime Not a mere possible doubt – all is open to doubt State of case after careful consideration and comparison of all evidence presented A condition to a moral certainty that they cannot say a person is guilty Collection of sufficient significant evidence can negate reasonable doubt and defense claims Investigators collect facts; good, bad, or indifferent. These facts are presented to a judge and/or jury to decide on whether or not the facts are sufficiently significant to determine guilt or innocence. It is not the investigators job to slant the facts but to collect them and present them. A thorough investigation and collection of the facts determines the investigator did his/her job – not the guilt or innocence of the accused. Now that we know what an investigator basically does what are some qualifications for the investigator

25 29.1.9. List five qualifications of an investigator
This is the objective for the instruction that will follow. Read the objective to the cadets.

26 QUALIFICATIONS OF AN INVESTIGATOR
Unusual ability for observation, objective perception, recall Discuss each topic and why it is important

27 QUALIFICATIONS OF AN INVESTIGATOR
The power of Deliberation Deduction Unhurried Rational thinking Discuss each

28 QUALIFICATIONS OF AN INVESTIGATOR
Extensive knowledge Criminal law Rules of evidence Investigative concepts Scientific aids Laboratory services People who commit crimes Modus operandi of criminals Discuss each

29 QUALIFICATIONS OF AN INVESTIGATOR
Power of Intellectually controlled constructive imagination “native” awareness of the mental processes of criminals “native” awareness of the mental processes of victims Working knowledge of social psychology Discuss significance of imagination – visualization of a scene to determine what happened and why Discuss significance of being aware of mental processes of criminals and victims to understand why they did things and why they say things A good understanding and knowledge of social psychology aids in understanding why things happen and how people and society react to those actions

30 SUMMARY Define criminal investigations
Identify the tools of the investigator List the goals of criminal investigations Identify the duties of preliminary investigations Identify elements of follow-up Define corpus delicti and its significance Define evidence and its significance Define reasonable doubt and its significance List five qualifications of an investigator Discuss and give examples of each of the objectives previously discussed

31 References Fundamentals of Criminal Investigations, Revised 5th ed, O’Hara, Charles, Charles C. Thomas 1988 Techniques of Crime Scene Investigation, 5th ed, Fisher, Barry A.J., CRC 1993 This a list of references used for this instruction.

32 QUESTIONS? Ask the cadets if they have any questions and close the presentation

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