Introduction of Basic Concepts

1. Introduction of Basic Concepts Chapter 2

2. Overview • Crime and the Investigator • Criminal Investigation ̶ The Partial Solution • Review Questions • Opportunity for Student Questions

3. Learning Objectives • To appreciate the importance of criminal investigation • To know what constitutes a successful investigation • List and define desirable traits of the investigator • Explain deductive and inductive reasoning • Appreciate the importance of investigative ethics • Understand staffing of investigative divisions • Understand how various cases are assigned

4. Crime and the Investigator • 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 • There are theories that few people commit most crimes • Investigators can identify those responsible, but they must: • Be well trained • Have the proper equipment • Work with prosecutors to obtain convictions

5. What Criminal Investigators Do • Identify and arrest suspects • Testify in court • Return stolen property • Work with victims in resolving their cases • 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 • Nothing would come of it

6. The Criminal Justice System • 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: • Courts (testifying, hearings, trials, etc.) • Corrections (assisting probation and parole agents, joint investigations, etc.)

7. Criminal Investigation–The Partial Solution • What is “criminal investigation?” • The logical, objective, legal inquiry involving a possible criminal activity • Criminal investigations, when successful, answer the following seven questions…

8. The Seven Questions Answered by Successful Investigations • Did a criminal violation occur? What happened? • Where, and at what time and date, did the crime occur? • Who were the individuals involved? • Are there witnesses? Who are they? • What physical evidence is there? • How was the crime committed? • Is there enough information to aid judicial officials in determining guilt or innocence?

9. DID A CRIME OCCUR? • Vehicular homicide or accident? • Self defense, voluntary manslaughter or murder? • Long term consequences of injuries? • May be a real question!!

10. ENOUGH EVIDENCE ? • 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!!!

11. The Major Causes of Incomplete Investigations • 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 presence or absence of witnesses • The lack of physical evidence

12. Desirable Traits of the Investigator • Superior reasoning ability • 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

13. A criminal case is a puzzle • With a large puzzle- what do you need • The box with a picture • Knowledge of the number of pieces • In a crime scene you have no picture And you never have all the pieces

14. Methods of Reasoning • 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 • Robbery • Burglary • Inductive Reasoning: prevents a narrowing of perceptions and speculation • Examples of cases served well by this method • White-collar crimes • Major drug cases

15. Defining Deductive Reasoning • Works from the general to the specific • 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 fromhttp://www.socialresearchmethods.net/kb/dedind.htm

16. Defining Inductive Reasoning • Starts with specific observations and develops into general conclusions • Follows the following process • Specific observations • Finding patterns • Formulate hypotheses • Develop general conclusions (Tested in court) Taken fromhttp://www.socialresearchmethods.net/kb/dedind.htm

17. Imagination Curiosity Intuition Observational skills Organizational ability Legal knowledge Cultural understanding Having a wide range of interests Persistence Desirable Traits of the Investigator (continued)

18. Investigative Ethics • Defined: The practical normative study of the rightness or wrongness of human conduct • The vast majority of investigators are professional and ethical • 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?

19. How much is your badge worth?? • Would you take a bribe • What if you were told to just be on the other side of the county one night? • A little something came in the mail? • Would you accept free coffee or half price on a meal while in uniform?

20. Unethical Conduct by Investigators • Potential causes include: • Pressure to make arrests • Greed • Peer influence • An “end justifies the means” attitude • Specific examples of unethical conduct • Entrapment • Misconduct during suspect interviews • Courtroom deception (perjury) • Evidence fabrication

21. Criminal Investigation–the Current State of the Art • Investigators can be classified according to three basic types: • The police investigator • The public investigator • The private investigator

22. The Police Investigator • 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 • In larger departments, approximately 10% of the sworn personnel are assigned as investigators.

23. NYPD Detective Org Chart

24. LCSO Investigative Div. Criminal Investigators Evidence collection and preservation Crime scene Narcotics Task Force Interstate Crime Enforcement Seizures and Forfeitures Sex Offender Registry

25. Typical Detective Bureau Organizational Chart

26. Detective Divisions–Cases Assigned by Type • 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) • Enhances success by grouping crimes with common elements together • Undesirable if a particular specialization becomes overloaded

27. Detective Divisions–Cases Assigned by Case Load • Involves no consideration of the nature of a crime • Assumes all officers: • Are generalists • Are equally competent • Assignments are made on a rotation basis • This method is generally considered a poor administrative practice

28. Case Assignment by Type or Case Load ̶ Which is Better?

29. Detective Divisions–Cases Assigned by Priority • Can be used in either case assignment method (by type or caseload) • Used when there are large caseloads • 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 • Solvability • Media attention • Property crime vs. crime against a person

30. 1st Priority Crimes Against Persons Homicide Rape Deviant sexual conduct Robbery Assaults with injury Case Priority Rankings 2nd Priority • Crimes Against Property • Burglary • Larceny • Auto theft 3rd Priority • Others • Fraud • Embezzlement

31. Uniform Crime Report UCR Reported by all Police agencies Compiled by the FBI Crimes per 100,000

32. Crimes Counted • Crimes against persons(violent crimes) • Murder • Aggravated Assault • Forcible Rape • Robbery

33. Crimes Counted (Cont’d.) • Property Crimes • Burglary • Larceny Theft • Motor Vehicle Theft • Arson

34. UCR Calculation • (no. crimes/ population) X 100,000 • Example 200 murders/400,000 X 100,000 Crime Rate equals 50

35. The Three Types of Investigators Described by Agency • Police Investigators • Public Investigators • Private Investigators State Investigators Federal Investigators

36. Police:State Investigators • State investigators have state-wide jurisdiction • Can coordinate multi-agency investigations • Assist, on request, in specialty investigations such as: • Narcotics • Organized crime • Inter-county criminal violations • Child pornography • Homicide • Arson • Gambling

37. Police: Federal Investigators • There are more than 88,000 federal law enforcement officers • 40,000 are plainclothes criminal investigators • Treasury Department • Department of Justice • Department of Defense • Department of Homeland Security

38. The Public Investigator • 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 • Can overlap into criminal areas

39. The Private Investigator • Not associated with government agencies • Profit-oriented • Clients often include: • Private citizens • Lawyers • Insurance companies

40. Review Questions • List three duties of the criminal investigator. • What are the three components of the criminal justice system? • What are the seven questions answered in successful investigations? • What are some of the causes of investigative cases not successfully resolved? • Explain the difference between inductive and deductive reasoning. • List three desirable traits of the competent investigator. • Name the three types of investigators.

41. Student Questions