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Fundamentals of investigation

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Fundamentals of investigation Fundamentals of investigation Presentation Transcript

  • FUNDAMENTALS OF CRIMINAL INVESTIGATION
  • Fundamentals of Criminal Investigation [1]
    Characteristics of Investigators [2]
    The Basic Types of Investigation [7]
    The Preliminary Investigation [8]
    The Follow-up Investigation [9]
    Patrol Investigation [10]
  • Types Interviews and Interrogation [24]
    The Preliminary Investigation [24]
    The Follow-up Investigation [25]
    Other Approaches in Interview and Interrogation [26]
    The Use of Notebook [26]
    Hypnosis [26]
  • The Techniques of Questioning During interview in Criminal Cases [27]
    Types of Interview According to Types of Interviewee [28]
    Information vs. Evidence [27]
  • The Investigator
    A successful investigator is:
    1. Objective
    2. Adjustable
    3. Diplomatic
  • Characteristics of Investigators
    Knowledge of the fundamentals, methods, and techniques of investigation is essential.
  • Development of Characteristics
    Investigators should strive to be OBJECTIVE
    A criminal investigation can affect the lives of all those involved, both guilty and innocent.
  • Essential Characteristics:
    Suspicion
    Means taking nothing for granted
    Be constantly wary of the things that appear too obvious
  • Essential Characteristics:
    Curiosity
    Means a desire to investigate and learn facts or truth about people, places, or objects.
  • Essential Characteristics:
    Keen Observation
    The ability to take accurate notice of that which is present to their senses:
    Sight
    Hearing
    Smell
    Touch
    Taste
  • Essential Characteristics:
    Ability to Summarize
    Investigators must memorize and associate observations, and evaluate them in terms of violations of the law
  • Essential Characteristics:
    Biases and Prejudices
    An unbiased and unprejudiced mind is essential to investigators
    bias means a highly personal and unreasoned distortion of judgment
    prejudice means an opinion or learning adverse to anything without just grounds or before sufficient knowledge
  • Essential Characteristics:
    Patience, Courtesy, Sympathy and Empathy
    Establishment of rapport with victims and witnesses is one of the prime facilitators of an investigation
  • Essential Characteristics:
    Credibility vs. Exhibitionism
    Investigators should not attempt to exhibit expertise in all fields of law enforcement…
  • Essential Characteristics:
    Rapid Decision-Maker Against a Hasty Conclusion Maker
    A rapid decision by a seasoned investigator can be based on experience and training, while a hasty conclusion is often based on a superficial investigation or a preconceived idea…
  • Basic Types of Investigation
    Investigations of incidents […]
    1.
    Personnel Investigations […]
    2.
    Investigations of conditions or circumstances […]
    3.
  • The Preliminary Investigations
    P
    Proceed to the scene promptly and safely
    R
    Render assistance to the injured
    E
    Effect the arrest of the criminal
    L
    Locate and identify witnesses
    I
    Interview the complainant and the witness
    M
    Maintain the crime scene and protect the evidence
    I
    Interrogate the suspect
    N
    Note all conditions, events, and remarks
    A
    Arrange for collection of evidence
    R
    Report the incident fully and accurately
    Y
    Yield the responsibility to the follow-up investigator
  • The Follow-up Investigation
    Begins when the investigation demands the special skills and the freedom of movement of the investigation.
    …The extension of the preliminary investigation
  • The Follow-up Investigation
    If the patrol officers conducting the preliminary investigation arrest an offender, the efforts of the follow-up investigator are then directed to:
    1. Recovering the Stolen Property
    2. Investigating other crimes that may have been committed by the suspect in custody
    3. Preparing the case for the court presentation
  • Patrol Investigation
    In some police departments, the role of the patrol officer has been expanded to include many of the responsibilities, which were traditionally assigned to investigators.
  • The Solvability Factors
    1. Immediate availability of witnesses.
    2. Name of suspect
    3. Information about suspect’s location.
    4. Information about suspect’s description.
    5. Information about suspect’s identification.
    6. Information about suspect’s vehicular movements.
  • The Solvability Factors
    7. Information about traceable property.
    8. Information about significant modus operandi.
    9. Information about significant physical evidence.
    10. Discovery of useful physical evidence
    11. Judgment by the patrol officer that there is sufficient information available to conclude that anyone other than the suspect could not have committed the crime.
    12. Judgment by the patrol officer on case disposition. [..]
  • The Theory of Transfer
    Every Investigator should bear in mind that when two objects meet, some effect of that meeting could be established and verified at a later time.
  • Locate and Identify Witnesses
    The cooperative citizen makes the officer’s task much easier. […]
  • Neighborhood Canvass
    “Often people can observe an activity without realizing that they are witnessing a crime.”
  • Interview the Complainant and the Witness
    “The purpose of the preliminary interview is to obtain as much information as quickly as possible to determine the seriousness of the crime, to identify and locate the perpetrator, and to broadcast an alarm.”
  • Maintain the crime Scene and Protect the Evidence
    “In order to effectively use physical evidence, the patrol officer must be trained in what constitutes physical evidence and where to find evidence.”
  • Interrogate the Suspect
    The Classification of Suspects
    The Willing Suspect
    The Inadequate Suspect
    The Unwilling Suspect
  • Note All Conditions, Events and Remarks
    “…This notations must be legible, understandable, accurate and complete, as they will serve as the officer’s official memory. ”
  • Obtaining Information from People
    “Information gathering is the basic task of the investigator.”
  • Recording the Information
    “…the outcome of the investigation will be affected by his ability to accurately recall the past.”
  • The Investigation should extend beyond the Crime Scene
    Some tasks include:
    1. Reviewing consolidating and analyzing the reports of the officers who conducted the preliminary investigation. […]
    2. Checking departmental records and modus operandi files, offense records and the like.
  • 3. Checking pawnshops, junkyards, resale stores, and other places where stolen property may be sold.
    4. Seeking information from petty criminals, an estranged wife or an old girlfriend, neighborhood, bartenders, etc. […]
    5. Investigating the activities of persons who, by reason of their past criminal behavior, may be considered as suspects.
  • 6. Planning an organized police action such as a raid, a neighborhood canvass, or an extended search aimed at discovering additional information.
    7. Arranging for the dissemination of information relating to the crime, stolen property and the suspect. […]
  • Interview and Interrogation Techniques
    “Interrogation is an art. To achieve a high level of proficiency in this art, the investigator must consistently engage in the practical application of various techniques over a period of years.”
  • The Fundamental Rules of Interrogation
    Before interrogating a suspect or a person in police custody the investigator should:
    a. Identify himself to the suspect as a law enforcement officer – this is done orally, together with credentials.
    b. Explain to the suspect in general terms the nature of the offense under investigation.
  • c. Inform the suspect of his wish to question him on matters relating to this offense.
    d. Advise the suspect of his rights in substantially in the following terms:
    1. You have the right to remain silent, you do not have to answer any of the questions
    2. If you answer any questions, your answer may be used in evidence against you.
  • 3. You have the right to have legal counsel; that is, you may have the services of a lawyer of your own choice.
    4. If you believe you cannot afford a lawyer, the state will one for you at your request without any expense on your part.
    5. Do you understand your rights as I have explained them to you – namely, your right to remain silent and your right to be represented by a lawyer?
  • Miranda Rights
    You must read the suspect the following information before subjecting him to custodial interrogation:
    You have a right to remain silent.
    If you choose to speak ,anything you say can be used against you in court.
    You have the right to consult with an attorney and wish to have one, an attorney will be provided for you before any questions are asked.
    If you choose to waive your rights and answer questions now, you have the right to cut off the questioning at any time.
  • Qualifications of the Interviewer
    a. Rapport
    b. Personality
    c. Breadth of Interest
  • Types of Interviews and Interrogation
    The Background Interviews
    a. Background Data
    b. Credit Check
  • The Cognitive Interview
    a. Avoiding Interruption
    e. Changing Perspective
    b. Reliving the Event
    f. Recollecting by Association
    c. Recalling the Details
    d. Changing the Order
  • Other Approaches in Interview and Interrogation
    The Use of Notebook
    Hypnosis
  • The Techniques of Questioning During Interview in Criminal Cases:
    a. One Question at a Time
    e. “Yes” and “No” Questions
    b. Avoid the Implied Answer
    d. Positive Attitude
    c. Simplicity of Questions
    g. Controlling the Interview
    d. Saving Face
  • Type of Interview According to Types of Interviewee
    a. Children
    c. Middle-aged Persons
    1. Boys
    2. Girls
    b. Young Persons
    d. Older Persons
  • The Different Attitudes of Interviewee
    a. Know-Nothing Type
    f. Honest Witness
    b. Disinterested Type
    g. The Deceitful Type
    c. Inebriated Type
    h. The Timid Witness
    d. Suspicious Type
    i. The Boasting, Egoistic, or Egocentric Witness
    e. Talkative Type
    j. Refusal to Talk
  • Information Versus Evidence
    “This is not to say that one task is more important or more difficult than the other, the point is they are different and require basically different skills and techniques.”
  • The Relative Weight of Information
    “Courts (therefore) tend to give greater weight to scientific tests and to those objects, which speak for themselves.”
  • End of Presentation