introduction of basic concepts

Criminal Investigation, 7th EditionBy James N. Gilbert

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

Chapter 2

Introduction of Basic Introduction of Basic ConceptsConcepts



OverviewOverview

Crime and the InvestigatorCrime and the Investigator Criminal Investigation Criminal Investigation ̶̶ The The Partial Solution Partial Solution

Review QuestionsReview Questions Opportunity for Student Opportunity for Student QuestionsQuestions



Learning ObjectivesLearning Objectives

To appreciate the importance of criminal To appreciate the importance of criminal investigationinvestigation

To know what constitutes a successful To know what constitutes a successful investigationinvestigation

List and define desirable traits of the List and define desirable traits of the investigatorinvestigator

Explain deductive and inductive reasoningExplain deductive and inductive reasoning Appreciate the importance of investigative Appreciate the importance of investigative ethicsethics

Understand staffing of investigative Understand staffing of investigative divisionsdivisions

Understand how various cases are assignedUnderstand how various cases are assigned



Crime and the Crime and the InvestigatorInvestigator

Crime is a major concern in the United States Crime is a major concern in the United States and this concern is well-foundedand this concern is well-founded– Nearly 14 million serious crimes are reported yearly Nearly 14 million serious crimes are reported yearly to the policeto the police

– Even so, most crime is NOT reported to policeEven so, most crime is NOT reported to police– It is estimated that 49 million crime attempts occur It is estimated that 49 million crime attempts occur every yearevery year

Criminal investigators can reduce crimeCriminal investigators can reduce crime– There are theories that few people commit most crimes There are theories that few people commit most crimes – Investigators can identify those responsible, but Investigators can identify those responsible, but they must: they must:

Be well trainedBe well trained Have the proper equipmentHave the proper equipment Work with prosecutors to obtain convictions Work with prosecutors to obtain convictions



What Criminal What Criminal Investigators DoInvestigators Do

Identify and arrest suspectsIdentify and arrest suspects Testify in courtTestify in court Return stolen propertyReturn stolen property Work with victims in resolving their Work with victims in resolving their casescases

Without successful investigation Without successful investigation outcomes:outcomes:– Victims of crimes may not report violationsVictims of crimes may not report violations– People feel that nothing can be donePeople feel that nothing can be done– NOTE: Currently approximately 50% of people NOTE: Currently approximately 50% of people don’t report crime because they believe: don’t report crime because they believe:

The police don’t want to be botheredThe police don’t want to be bothered Nothing would come of itNothing would come of it



The Criminal Justice The Criminal Justice SystemSystem The entire criminal justice system must The entire criminal justice system must work together for success to be achievedwork together for success to be achieved– Law enforcementLaw enforcement– CourtsCourts– CorrectionsCorrections

Investigations is a key component of law Investigations is a key component of law enforcement but it directly affects: enforcement but it directly affects: – Courts (testifying, hearings, trials, etc.)Courts (testifying, hearings, trials, etc.)– Corrections (assisting probation and parole Corrections (assisting probation and parole agents, joint investigations, etc.)agents, joint investigations, etc.)



Criminal Investigation–Criminal Investigation–The Partial SolutionThe Partial Solution

What is “criminal investigation?”What is “criminal investigation?”– The logical, objective, legal The logical, objective, legal inquiry involving a possible inquiry involving a possible criminal activitycriminal activity

Criminal investigations, when Criminal investigations, when successful, answer the following successful, answer the following seven questions…seven questions…



The Seven Questions The Seven Questions Answered by Successful Answered by Successful InvestigationsInvestigations1.1. Did a criminal violation occur? Did a criminal violation occur?

What happened?What happened?2.2. Where, and at what time and date, Where, and at what time and date,

did the crime occur?did the crime occur?3.3. Who were the individuals involved?Who were the individuals involved?4.4. Are there witnesses? Who are they?Are there witnesses? Who are they?5.5. What physical evidence is there?What physical evidence is there?6.6. How was the crime committed?How was the crime committed?7.7. Is there enough information to aid Is there enough information to aid

judicial officials in determining judicial officials in determining guilt or innocence?guilt or innocence?



DID A CRIME OCCUR?DID A CRIME OCCUR?

Vehicular homicide or Vehicular homicide or accident?accident?

Self defense, voluntary Self defense, voluntary manslaughter or murder?manslaughter or murder?

Long term consequences of Long term consequences of injuries?injuries?

May be a real question!!May be a real question!!



ENOUGH EVIDENCE ?ENOUGH EVIDENCE ?

DA is responsible for DA is responsible for prosecution.prosecution.– He may “He may “nol prosse” nol prosse” a casea case– Grand Jury may “No Bill” a caseGrand Jury may “No Bill” a case– Judge may dismiss chargesJudge may dismiss charges– Directed verdict in courtDirected verdict in court

Investigators provide the Investigators provide the evidence!!!evidence!!!



The Major Causes of The Major Causes of Incomplete Incomplete InvestigationsInvestigations Attitude of the victim (reluctant, Attitude of the victim (reluctant, uncooperative, deceitful, etc.) uncooperative, deceitful, etc.)

The physical condition of the scene The physical condition of the scene of the crime (environmental decay, of the crime (environmental decay, contamination, or dilution due to contamination, or dilution due to rain, time, tampering, and even the rain, time, tampering, and even the normal presence and activity of normal presence and activity of people on the scene after the event) people on the scene after the event)

The presence or absence of witnessesThe presence or absence of witnesses The lack of physical evidenceThe lack of physical evidence



Desirable Traits of Desirable Traits of the Investigatorthe Investigator Superior reasoning ability Superior reasoning ability Critical thinkingCritical thinking

– Differentiating between fact and opinionDifferentiating between fact and opinion– Determining cause-and-effect Determining cause-and-effect relationshipsrelationships

– Determining the accuracy and completeness Determining the accuracy and completeness of information presentedof information presented

– Recognizing logical fallacies and faulty Recognizing logical fallacies and faulty reasoningreasoning

– Developing inferential skills through Developing inferential skills through deductive or inductive reasoning deductive or inductive reasoning



A criminal case is a A criminal case is a puzzlepuzzle With a large puzzle- what do you With a large puzzle- what do you needneed

The box with a pictureThe box with a picture Knowledge of the number of piecesKnowledge of the number of pieces

In a crime scene you have no In a crime scene you have no picturepicture

And you never have all the piecesAnd you never have all the pieces



Methods of ReasoningMethods of Reasoning

Basically two typesBasically two types– Deductive Reasoning: forms a general Deductive Reasoning: forms a general conclusion prior to having a complete conclusion prior to having a complete explanation based on factsexplanation based on facts

Examples of cases served well by this Examples of cases served well by this methodmethod– Robbery Robbery – Burglary Burglary

– Inductive Reasoning: prevents a Inductive Reasoning: prevents a narrowing of perceptions and narrowing of perceptions and speculationspeculation

Examples of cases served well by this Examples of cases served well by this methodmethod– White-collar crimesWhite-collar crimes– Major drug casesMajor drug cases



Defining Deductive Defining Deductive Reasoning Reasoning

Works from the general to the Works from the general to the specificspecific

Follows the following processFollows the following process– Develop a theoryDevelop a theory– Formulate a hypothesesFormulate a hypotheses– Make specific observationsMake specific observations– Test the hypotheses (tested in court)Test the hypotheses (tested in court)– Build your puzzle while putting it Build your puzzle while putting it togethertogether

Taken fromTaken from http://www.socialresearchmethods.net/kb/dedind.htmhttp://www.socialresearchmethods.net/kb/dedind.htm



Defining Inductive Defining Inductive Reasoning Reasoning

Starts with specific observations Starts with specific observations and develops into general and develops into general conclusionsconclusions

Follows the following processFollows the following process– Specific observationsSpecific observations– Finding patternsFinding patterns– Formulate hypothesesFormulate hypotheses– Develop general conclusions (Tested in Develop general conclusions (Tested in court) court)

Taken fromTaken from http://www.socialresearchmethods.net/kb/dedind.htmhttp://www.socialresearchmethods.net/kb/dedind.htm



Desirable Traits of Desirable Traits of the Investigator the Investigator ((continuedcontinued) )

Imagination Imagination CuriosityCuriosity IntuitionIntuition Observational Observational skillsskills

Organizational Organizational abilityability

Legal knowledge Legal knowledge Cultural Cultural understandingunderstanding

Having a wide Having a wide range of range of interestsinterests

PersistencePersistence



Investigative EthicsInvestigative Ethics

Defined: The practical normative study Defined: The practical normative study of the rightness or wrongness of human of the rightness or wrongness of human conductconduct

The vast majority of investigators are The vast majority of investigators are professional and ethicalprofessional and ethical

There are some investigators that are There are some investigators that are corrupt, leading to questions such as:corrupt, leading to questions such as:– How can it affect the investigation?How can it affect the investigation?– What effects will it have on court testimony?What effects will it have on court testimony?– Is there anything that can be done about it? Is there anything that can be done about it?

What are the causes of unethical What are the causes of unethical conduct?conduct?



How much is your How much is your badge worth??badge worth?? Would you take a bribeWould you take a bribe What if you were told to just be on What if you were told to just be on the other side of the county one the other side of the county one night?night?

A little something came in the mail?A little something came in the mail?

Would you accept free coffee or half Would you accept free coffee or half price on a meal while in uniform? price on a meal while in uniform?



Unethical Conduct by Unethical Conduct by InvestigatorsInvestigators Potential causes include:Potential causes include:

– Pressure to make arrestsPressure to make arrests– GreedGreed– Peer influencePeer influence– An “end justifies the means” attitudeAn “end justifies the means” attitude

Specific examples of unethical Specific examples of unethical conduct conduct – EntrapmentEntrapment– Misconduct during suspect interviewsMisconduct during suspect interviews– Courtroom deception (perjury)Courtroom deception (perjury)– Evidence fabrication Evidence fabrication



Criminal Investigation–Criminal Investigation–the Current State of the the Current State of the ArtArt

Investigators can be classified Investigators can be classified according to three basic types:according to three basic types:– The police investigatorThe police investigator– The public investigatorThe public investigator– The private investigatorThe private investigator



The Police The Police InvestigatorInvestigator Defined: A law enforcement officer Defined: A law enforcement officer working toward the resolution of a working toward the resolution of a criminal matter through criminal matter through investigative actioninvestigative action

Not all departments have Not all departments have plainclothes investigators assigned plainclothes investigators assigned to a detective division to a detective division

In larger departments, approximately In larger departments, approximately 10% of the sworn personnel are 10% of the sworn personnel are assigned as investigators. assigned as investigators.



NYPD Detective Org NYPD Detective Org ChartChart



LCSO Investigative LCSO Investigative Div.Div.

Criminal InvestigatorsCriminal Investigators

Evidence collection and Evidence collection and preservationpreservation

Crime sceneCrime scene

Narcotics Task ForceNarcotics Task Force

Interstate Crime EnforcementInterstate Crime Enforcement

Seizures and ForfeituresSeizures and Forfeitures

Sex Offender Registry Sex Offender Registry



Typical Detective Typical Detective Bureau Organizational Bureau Organizational Chart Chart



Detective Divisions–Detective Divisions–Cases Assigned by Cases Assigned by TypeType Cases may be assigned to Cases may be assigned to specialized investigators specialized investigators according to the nature of the according to the nature of the offenseoffense– Desirable, as it: Desirable, as it:

Offers victims expertise in dealing with Offers victims expertise in dealing with their situation (as in rape their situation (as in rape investigations)investigations)

Enhances success by grouping crimes with Enhances success by grouping crimes with common elements togethercommon elements together

– Undesirable if a particular Undesirable if a particular specialization becomes overloaded specialization becomes overloaded



Detective Divisions–Detective Divisions–Cases Assigned by Case Cases Assigned by Case LoadLoad Involves no consideration of the Involves no consideration of the nature of a crimenature of a crime

Assumes all officers: Assumes all officers: – Are generalistsAre generalists– Are equally competentAre equally competent

Assignments are made on a rotation Assignments are made on a rotation basisbasis

This method is generally considered This method is generally considered a poor administrative practicea poor administrative practice



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



Detective Divisions–Detective Divisions–Cases Assigned by Cases Assigned by PriorityPriority Can be used in either case assignment Can be used in either case assignment method (by type or caseload)method (by type or caseload)

Used when there are large caseloadsUsed when there are large caseloads The relative seriousness of each The relative seriousness of each offense is used to make a priority offense is used to make a priority rankingranking– Felony vs. misdemeanorFelony vs. misdemeanor– Death or degree of injuryDeath or degree of injury

Also taken into account Also taken into account – SolvabilitySolvability– Media attentionMedia attention– Property crime vs. crime against a personProperty crime vs. crime against a person



Case Priority Case Priority RankingsRankings11stst Priority Priority Crimes Crimes Against Against PersonsPersons– HomicideHomicide– RapeRape– Deviant Deviant sexual sexual conductconduct

– Robbery Robbery – Assaults Assaults with with injuryinjury

22ndnd PriorityPriority

Crimes Crimes Against Against PropertyProperty– BurglaryBurglary– LarcenyLarceny– Auto Auto thefttheft

33rdrd Priority Priority OthersOthers

– FraudFraud– EmbezzlemenEmbezzlementt



Uniform Crime Uniform Crime ReportReport UCR UCR

Reported by all Police Reported by all Police agenciesagencies

Compiled by the FBICompiled by the FBI

Crimes per 100,000Crimes per 100,000



Crimes Crimes CountedCounted Crimes against Crimes against persons(violent crimes)persons(violent crimes)

MurderMurder Aggravated Aggravated AssaultAssault

Forcible RapeForcible Rape Robbery Robbery



Crimes Counted Crimes Counted (Cont’d.)(Cont’d.) Property CrimesProperty Crimes BurglaryBurglary Larceny TheftLarceny Theft Motor Vehicle TheftMotor Vehicle Theft ArsonArson



UCR CalculationUCR Calculation

(no. crimes/ population) X (no. crimes/ population) X 100,000100,000

ExampleExample

200 murders/400,000 X 200 murders/400,000 X 100,000100,000

Crime Rate equals 50Crime Rate equals 50



The Three Types of The Three Types of Investigators Described Investigators Described by Agencyby Agency

Police Investigators Police Investigators

Public InvestigatorsPublic Investigators Private Private Investigators Investigators

State Investigators

Federal Investigators



Police:Police:State InvestigatorsState Investigators State investigators have state-wide State investigators have state-wide jurisdictionjurisdiction

Can coordinate multi-agency Can coordinate multi-agency investigationsinvestigations

Assist, on request, in specialty Assist, on request, in specialty investigations such as:investigations such as:– NarcoticsNarcotics– Organized crimeOrganized crime– Inter-county criminal violationsInter-county criminal violations– Child pornographyChild pornography– HomicideHomicide– ArsonArson– Gambling Gambling



Police: Police: Federal InvestigatorsFederal Investigators There are more than 88,000 There are more than 88,000 federal law enforcement federal law enforcement officers officers

40,000 are plainclothes 40,000 are plainclothes criminal investigatorscriminal investigators– Treasury DepartmentTreasury Department– Department of JusticeDepartment of Justice– Department of Defense Department of Defense – Department of Homeland SecurityDepartment of Homeland Security



The Public The Public Investigator Investigator Employed by public agenciesEmployed by public agencies

– Local and county defender’s officeLocal and county defender’s office– Coroner’s officeCoroner’s office– U.S. Office of Personnel U.S. Office of Personnel ManagementManagement

Empowered by state or federal Empowered by state or federal statute to perform a specific statute to perform a specific tasktask

Can overlap into criminal areasCan overlap into criminal areas



The Private The Private InvestigatorInvestigator Not associated with Not associated with government agenciesgovernment agencies

Profit-orientedProfit-oriented Clients often include:Clients often include:

– Private citizensPrivate citizens– LawyersLawyers– Insurance companies Insurance companies



Review QuestionsReview Questions

1.1. List three duties of the criminal List three duties of the criminal investigator.investigator.

2.2. What are the three components of the What are the three components of the criminal justice system?criminal justice system?

3.3. What are the seven questions answered in What are the seven questions answered in successful investigations?successful investigations?

4.4. What are some of the causes of What are some of the causes of investigative cases not successfully investigative cases not successfully resolved?resolved?

5.5. Explain the difference between inductive Explain the difference between inductive and deductive reasoning.and deductive reasoning.

6.6. List three desirable traits of the List three desirable traits of the competent investigator.competent investigator.

7.7. Name the three types of investigators.Name the three types of investigators.



Student QuestionsStudent Questions

introduction of basic concepts

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