1 book cover here copyright © 2014, elsevier inc. all rights reserved criminal investigation: a...

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Copyright © 2014, Elsevier Inc. All Rights Reserved

Criminal Investigation: A Method for Reconstructing the Past, 7th Edition

Criminal Investigation: A Method for

Reconstructing the Past, 7th Edition

Osterburg & Ward

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SECTION I

THE FOUNDATION AND PRINCIPLES OF CRIMINAL INVESTIGATION

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PART A

SOURCES AND USES OF INFORMATION

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Chapter 1

THE INVESTIGATORResponsibilities and Attributes; Origins and Trends


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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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Responsibilities of the Criminal Investigator

1. Determine if a crime has been committed2. Verify jurisdiction 3. Discover all facts and collect physical evidence:

Who? What? When? Where? Why? How?4. Recover stolen property 5. Identify the perpetrator6. 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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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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2. Verify Jurisdiction

• Occasionally, crimes may border two jurisdictions– Who handles the case?– Publicity– “Good Arrest”


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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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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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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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4. Recover Stolen Property

• Can help with ID of the perpetrator– Secondhand dealers, pawn shops

• Accuracy


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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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6. Locate and Apprehend the Perpetrator

• Use of acquaintances and records• Apprehension

– Raids


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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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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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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 with2. Those skills necessary to reach the

intended objectives.


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Attributes Desirable in an Investigator

• Qualifications of Mind, Personality, Attitude, and Knowledge

1. Intelligence and reasoning ability2. Curiosity and imagination3. Observation and memory4. Knowledge of life and people5. Possession of technical “know-how”6. Perseverance, “stick-to-itiveness,” and energy


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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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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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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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