Criminal Investigations An Introduction

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

3. Criminal InvestigationsAn Introduction 29.1 – The student will have a working knowledge of the goals and objectives of criminal investigations

4. 29.1.1. Define Criminal Investigation

5. Criminal InvestigationsAn Introduction • Lawful search • For people, land, things useful • In reconstructing • The circumstances of an illegal act or omission • And mental state accompanying it

6. 29.1.2. IDENTIFY THE TOOLS OF THE CRIMINAL INVESTIGATOR

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

8. 29.1.3. List the goals of criminal investigation

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

10. 29.1.4. Identify the duties of the officer conducting the preliminary investigation

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

12. PRELIMINARY INVESTIGATION DUTIES • Eyewitness cases • Obtain a description of • the perpetrator • Vehicle • Direction of flight • Transmit the information

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

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

15. PRELIMINARY INVESTIGATION DUTIES • Determine how the crime was committed • Extent of personal injuries • Nature and value of property taken

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

17. 29.1.5. Identify the elements of the continuing or follow-up investigation

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

19. 29.1.6. Define corpus delicti and discuss its significance in the criminal investigative process

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

21. 29.1.7. Define evidence and discuss its legal significance

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)

23. 29.1.8. Define reasonable doubt and discuss its significance in criminal cases

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

25. 29.1.9. List five qualifications of an investigator

26. QUALIFICATIONS OF AN INVESTIGATOR • Unusual ability for • observation, • objective perception, • recall

27. QUALIFICATIONS OF AN INVESTIGATOR • The power of • Deliberation • Deduction • Unhurried • Rational thinking

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

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

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

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

32. QUESTIONS?