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1 Book Cover Here Copyright © 2014, Elsevier Inc. All Rights Reserved Criminal Investigation: A Method for Reconstructing the Past, 7 th Edition Criminal Investigation: A Method for Reconstructing the Past, 7th Edition Osterburg & Ward
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2 Book Cover Here Copyright © 2014, Elsevier Inc. All Rights Reserved Criminal Investigation: A Method for Reconstructing the Past, 7 th Edition SECTION I THE FOUNDATION AND PRINCIPLES OF CRIMINAL INVESTIGATION
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3 Book Cover Here Copyright © 2014, Elsevier Inc. All Rights Reserved Criminal Investigation: A Method for Reconstructing the Past, 7 th Edition PART A SOURCES AND USES OF INFORMATION
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4 Book Cover Here Copyright © 2014, Elsevier Inc. All Rights Reserved Chapter 1 THE INVESTIGATOR Responsibilities and Attributes; Origins and Trends Criminal Investigation: A Method for Reconstructing the Past, 7 th Edition
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5 Copyright © 2014, Elsevier Inc. All Rights Reserved Criminal Investigation Defined “The collection of information and evidence for identifying, apprehending, and convicting suspected offenders” “A criminal investigation is the reconstruction of a past event” - Professor Ralph F. Turner, Michigan State University
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6 Copyright © 2014, Elsevier Inc. All Rights Reserved Responsibilities of the Criminal Investigator 1.Determine if a crime has been committed 2.Verify jurisdiction 3.Discover all facts and collect physical evidence: Who? What? When? Where? Why? How? 4.Recover stolen property 5.Identify the perpetrator 6.Locate and apprehend the perpetrator 7.Aid in the prosecution by providing evidence of guilt admissible in court 8.Testify effectively as a witness in court
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7 Copyright © 2014, Elsevier Inc. All Rights Reserved 1. Determine if a Crime Has Been Committed Have available both the penal law and case law of the state Consult prosecuting attorney If no crime is involved or the issue is civil, criminal law enforcement personnel may have no responsibility
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8 Copyright © 2014, Elsevier Inc. All Rights Reserved 2. Verify Jurisdiction Occasionally, crimes may border two jurisdictions – Who handles the case? – Publicity – “Good Arrest”
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9 Copyright © 2014, Elsevier Inc. All Rights Reserved 3. Discover All Facts/Collect Physical Evidence A. First facts are provided by the victim or complainant and any eyewitnesses – Will be communicated to the detective dispatched to investigate the crime, except in departments with programs in place for managing criminal investigations.
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10 Copyright © 2014, Elsevier Inc. All Rights Reserved 3. Discover All Facts/Collect Physical Evidence B. Verification and follow-up process – When, Where, Who, What, How, Why the crime was committed. – Collection and examination of evidence – Essential to follow through on any clue that holds promise for identification of the perpetrator.
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11 Copyright © 2014, Elsevier Inc. All Rights Reserved 3. Discover All Facts/Collect Physical Evidence C. Crime scene record: – A careful and comprehensive record of the crime scene should be made Investigator should prepare for the possibility of evidence being used in court Should not be put off until later – memory
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12 Copyright © 2014, Elsevier Inc. All Rights Reserved 4. Recover Stolen Property Can help with ID of the perpetrator – Secondhand dealers, pawn shops Accuracy
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13 Copyright © 2014, Elsevier Inc. All Rights Reserved 5. Identify the Perpetrator Description from merchants Sometimes required to fill out forms – Handwriting sample, additional information Motive as a means of identification – Universal motives vs. particularized motives Once established, a list should be created of persons who may have a motive
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14 Copyright © 2014, Elsevier Inc. All Rights Reserved 6. Locate and Apprehend the Perpetrator Use of acquaintances and records Apprehension – Raids
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15 Copyright © 2014, Elsevier Inc. All Rights Reserved 7. Aid the Prosecution Aid the Prosecution by Providing Evidence of Guilt Admissible in Court – Detective must operate on the assumption that each case will go to trial – Notes, photographs, and sketches should be made in a timely fashion – Physical evidence should be properly handled
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16 Copyright © 2014, Elsevier Inc. All Rights Reserved 8. Testify in Court Testify Effectively as a Witness in Court – Establishing credibility Sincerity, knowledge of the facts, impartiality are necessary – Knowledge of rules of evidence and pitfalls of cross examination
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17 Copyright © 2014, Elsevier Inc. All Rights Reserved Attributes Desirable in an Investigator Abilities and Skills: The attributes that enable a person to be an accomplished investigator are twofold: 1. The ability, both physical and mental, to conduct an inquiry; together with 2. Those skills necessary to reach the intended objectives.
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18 Copyright © 2014, Elsevier Inc. All Rights Reserved Attributes Desirable in an Investigator Qualifications of Mind, Personality, Attitude, and Knowledge 1. Intelligence and reasoning ability 2. Curiosity and imagination 3. Observation and memory 4. Knowledge of life and people 5. Possession of technical “know-how” 6. Perseverance, “stick-to-itiveness,” and energy
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19 Copyright © 2014, Elsevier Inc. All Rights Reserved Attributes Desirable in an Investigator Qualifications of Mind, Personality, Attitude, and Knowledge (continued) 7.Ability to recognize and control bias and prejudice in one’s self and on the job 8.Sensitivity to people’s feelings; acts with discretion and tact; respects a confidence 9.The honesty and courage to withstand temptation and corruption 10.When testifying, is not overzealous and does not commit perjury 11.Miscellaneous characteristics
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20 Copyright © 2014, Elsevier Inc. All Rights Reserved Origins of Criminal Investigation Jonathan Wild (Old Charleys) Henry Fielding (Bow Street Runners) Sir Robert Peel (Peelers/Bobbies) Francois Eugene Vidocq Thomas Byrnes J. Edgar Hoover
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21 Copyright © 2014, Elsevier Inc. All Rights Reserved Shifts/Trends in Investigative Methods Scientific developments such as fingerprinting, forensics, etc. Trends in Investigation – Transportation – Communications – Forensic science – Technology (e.g., computerized databases)
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