Transcript Document

The Investigative Method
Chapter 3
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Overview




Starting Points of the Criminal
Investigation
Phases of the Criminal Investigation
Review Questions
Opportunity for Student Questions
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Learning Objectives






Understand how the scientific method applies to
criminal investigation
Explain the necessity of legal guidelines in a
criminal investigation
Comprehend the significance and application of
evidence to the criminal proceeding
List and define the three major phases of a
criminal investigation
Understand how cases are brought to the
attention of law enforcement
Understand the relationship of time to the
probability of successful case solution
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Starting Points of the
Criminal Investigation


“Where do I begin?”
Use the scientific method
– State the problem
– Form the hypothesis
– Observe and experiment
– Interpret the data
– Draw conclusions
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
State the Problem





Identify the suspect(s)
Locate the suspect(s)
Effect the arrest
Recover property
Obtain evidence
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
State the Problem
Sheriff Waller’s View

General statement
A murder (or any other crime) occurred
on (Date) at (time).
WHODUNNIT???
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
State the problem
Sheriff Waller’s view
Obtain evidence (Change to #1)
 Identify the suspect(s)
 Locate the suspect(s)
 Effect the arrest
 Recover property
Dynamic process but:
“AFTER YOU DRAW CONCLUSIONS”

Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
HYPOTHESIS

Construct an explanation for the
occurrence
– MOTIVE
–
OPPORTUNITY
–
MEANS
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Form the Hypothesis

Motive (answers the question: WHY?)
– Monetary
– Revenge/retribution
– Anger/hate

Opportunity
– Was the suspect present or could the suspect
have been present?
– The investigator must check alibis

Means
– Did the suspect have the ABILITY and access
to what was necessary to commit the crime?
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Motive vs. Intent
MOST CRIMES REQUIRE INTENT
MOTIVE IS THE REASON
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
INTENT

CULPABILITY- 4 LEVELS
– Purposely
– Knowingly
– Recklessly
– Negligently
– Accidental- no intent and no liability
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Observe and Experiment



Evaluate results of hypothesis
Reject hypothesis, if necessary
Experiment with another hypothesis
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Interpret the Data
Interpret the results of the final observations
and experimentation
–
–
–
–
The investigator must be objective
A second investigator may be used for a second
opinion
The prosecuting attorney also interprets the data
to make a charging decision
The jury also interprets the data in making the
decision regarding guilt or innocence
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Legal Guidelines and
Restrictions


All criminal investigators are guided by
legal (court) decisions
Many criminal investigative methods
are directly affected by the courts
– Interviews and interrogations
– The use of informants
– Search and seizure (the law of evidence)
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Law of Evidence



This is particularly important to the criminal
investigator
All evidence must be seized legally to be
admissible in court
Investigators assess evidence
– To evaluate its importance
– To obtain properly during the continuing
investigation
– To assist the prosecuting attorney
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Evidence


Defined as anything admissible in court
that will aid in establishing guilt or
innocence
Serves two important functions
– Inculpatory evidence (suggests guilt)
– Exculpatory evidence (suggests innocence)

If you discover it the DEFENSE can have it.
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
ADMISSIBILITY

Exclusionary Rule
– Weeks v. US
– Mapp v. Ohio
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
ADMISSIBLITY CONT’D.

Motion to Suppress (Suppression
Hearing) ALWAYS!!!!!
WHY?
FRUIT OF THE POISONOUS TREE
DEFENSE ATTORNEY WINS YOU LOSE!
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
ADVERSARY SYSTEM

Adversary System of Justice
– Innocent until proven guilty!
– Burden of Proof– Criminal- Beyond a reasonable doubt
– Civil- The preponderance of the evidence
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Types of Evidence

Direct evidence
– Proves a fact without support

Circumstantial or indirect evidence
– Does not directly prove a fact at issue
– May establish a strong inference

Physical or real evidence
– Any kind of object associated with the investigation

Documentary evidence
– An acceptable representation of an item (photo, lab report,
etc.)
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Types of Evidence
Sheriff Waller’s View
Physical- Tangible matter
Direct
Documentary
Testimonial- Interview and interrogatory
Circumstantial
All physical evidence is circumstantial
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Admissibility of Evidence


Evidence in any form MAY be
admissible during a trial
Admissibility requires three standards
or tests of suitability–admissible
evidence must be:
– Competent
– Relevant
– Material
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Three Evidentiary Tests of
Suitability–1. Competent




Responsible evidence
Sufficient to prove a fact
Has a bearing on the case
Examples include:
– Physical items
– Documents
– People

It possesses qualities that render it trustworthy or
reliable
– Obtained, maintained, and preserved in the proper
procedure
– Chain of custody was maintained
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
COMPETENT Means
Admissible

The Suppression Hearing– The Challenge of the Defense
– If the Defense wins You lose!!
– They get paid big bucks for making you
look incompetent- impeach your
testimony
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Three Evidentiary Tests of
Suitability–2. Relevant




Pertinent (DA and Defense establish foundation)
Relates directly to the matter under consideration
Tends to prove or disprove any circumstance
related to the case
Pertains to one of the three following elements:
– Time
– The event
– People

Must pertain to the:
– Specific day and period of time at issue
– The criminal act itself or the persons who are involved in
the offense
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
OBJECTION!!!

Defense objects readily on any matter
because if they don’t object when the
issue comes up they forfeit the chance
to use the issue as a basis for an
appeal.
Judge will “Overrule” or “Sustain”.
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Three Evidentiary Tests of
Suitability–3. Material

Evidence that has:
– A logical connection with the issue under
investigation
– A bearing on the determination of truth

This is similar to the question of
relevancy and as such is not frequently
raised as an evidence objection
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Admissibility of Evidence ̶
The Exclusionary Rule



Evidence obtained unlawfully cannot be
admitted at trial
Directly related to constitutional rights
Includes evidence obtained by:
–
–
–
–
Interrogations
Searches
Government conduct such as entrapment
Denying any constitutional right including the
right to counsel, the right to remain silent, etc.
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Admissibility of Evidence ̶
Inevitable Discovery

Read Nix v. Williams 467 U.S. 431, 104 S.Ct. 2501,
81 L.Ed.2d 377 (1984)
– Case of a missing 10-year-old girl
– Illegal interrogation during the suspect’s transport by
police resulted in the suspect directing officers to the body
– A systematic search by 200 volunteers was terminated
– Prosecutors argued the search team would have found the
body within a short time anyway
– U.S. Supreme Court agreed and allowed the body but not
the suspect’s statements to be admissible at a second trial


This exception allows evidence to be admitted to
trial even though it was initially seized illegally
The prosecution must show that the evidence
inevitably would have been discovered lawfully
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Admissibility of Evidence ̶
Hearsay



The relating of statements of another person
(secondary testimony)
Generally, hearsay is not admissible
There are exceptions ̶ investigators can testify
when:
– Suspects make admissions that establish an element of a
criminal act
– Suspects confess to the crime
– Making reference to official records
– Res gestae declarations
– Dying declarations
– Females under age 14 in Sexual Crimes
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Res Gestae Declarations


Words or statements made during the commission
of an offense
May be made by:
– Suspect
– Witness
– Victim


These statements are admissible even if the person
testifying did not witness the crime
Admissible because these spontaneous statements
are considered more truthful
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Rule of Discovery


A procedure that allows the defendant to
examine documents, reports, and other types
of information held by the prosecution and
the police
Motions for discovery are filed with the court
early so that defendants have the opportunity
to:
– Prepare a defense
– Have their own experts examine the evidence
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Legal Terms for
Investigators

Probable Cause
– Defined as: that amount of evidence that would lead
a reasonable officer to believe that the person in
question is or has committed a crime
– Required by police officers in order to make an
arrest

Search Warrant (requires probable cause)
–
–
–
–
Authorized by a judge
Specific to location allowed to be searched
Must specify the items sought
Generally, an affidavit is attached that establishes
probable cause which is reviewed by the judge
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
PROBABLE CAUSE-Arrest

The expectation of a “reasonable”
person that a crime has been
committed or is about to be committed
and that the particular suspect to be
arrested committed it.
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
PROBABLE CAUSE-Search

The expectation of a “reasonable”
person that a crime has been
committed or is about to be committed
and evidence of the crime may be
found in the place to be searched.
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Arrests


Patrol officers and investigators make arrests
with and without warrants
A search incident to arrest is allowed
subsequent to all arrests
– Allows the officer to make an immediate search of
the suspect and the suspect’s immediate area




For officer safety (weapons and means of escape)
To preserve evidence
Includes the reach, lunge, and grasp area of the defendant
Also includes the entire passenger compartment of a
vehicle if the arrested person has recently occupied the
vehicle (as in the case of a traffic stop resulting in an
arrest)
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
SEARCH WARRANT

Three parts
Affidavit
Command
Return
A warrant must be signed by a neutral
and detached Magistrate.
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Burden of Proof



The prosecution bears the burden to
prove the defendant committed the
crime
The defendant does not have to prove
innocence
The burden of proof in criminal court
is: proof beyond a reasonable doubt
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Challenges to
Admissibility

Fourth Amendment
– Warrantless Searches
Exigent Circumstances
 Hot pursuit
 Consent
 Incident to arrest

Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Challenges- Cont’d

Fifth and Sixth Amendment
– Escobedo v. Illinois
– Miranda v. Arizona
Exceptions
Public Safety- NY vs. Charles
Inevitable Discovery- Nix v. Williams
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Phases of the
Criminal Investigation



The preliminary investigation
The in-depth investigation
The concluding investigation
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Preliminary
Investigation







Emergencies handled (usually by uniformed
officers)
Offense determined
Suspect arrested, if possible
Crime scene protected
Victims and witnesses identified
Basic statements taken
Crime scene processed
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
In-Depth Investigation


Preliminary investigation data re-examined
Crime scene revisited ̶ however, if the area is private property and
there is a reasonable expectation of privacy, police must have:
–
–
–
–





A warrant
Consent
Administrative warrant
Or other legal authority
Crime scene processed further
Existing and new victims and witnesses located and interviewed
Documents processed
Facts and evidence gathered
Application of criminalistics arranged
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Concluding Investigation



Case suspended–lack of leads
Case cleared–exceptional circumstance
(i.e.: suspect diseased)
Case successfully concluded and prepared
for prosecution
– Suspect arrested and charged
– Suspect arrested and not charged or case
dismissed
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
CORPUS DELICTI
Body of the crime- the sum of all the
ELEMENTS
of the crime
The parts of a criminal act that when all
are committed totals the entire crime.

Building Blocks
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
ELEMENTS OF THE CRIME

Murder- A person commits the crime
of murder if he:
1. Intentionally
2. Takes the life
3. Of another human being
4. With malice aforethought
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
ELEMENTS OF THE CRIME

Burglary- A person commits the crime
of Burglary if he:
1. Unlawfully
2. Enters or remains
3. In a building, ….
4. With the intent
5. To commit a felony therein.
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
What Happens AFTER the
Arrest?
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
AFTER THE ARREST- cont.

2 % commit a crime, report it, have an
arrest made, adjudicated guilty, go to
prison, and serve entire term.
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Review Questions



How can the scientific method be applied to criminal
investigations?
Explain the difference between inculpatory and exculpatory
evidence.
Give an example for each of the following types of evidence:
–
–
–
–




Direct evidence
Circumstantial or indirect evidence
Physical or real evidence
Documentary evidence
What are the three tests of suitability for evidence?
Explain the exclusionary rule.
What is hearsay?
What are the three phases of an investigation?
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Student Questions
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458