2. Concepts of Investigation
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Definition: Criminal investigation can be
defined as “an investigation conducted by police
officers with a view to it being determined
whether a person should be charged with an
offence, or whether a person charged with an
offence is guilty of it” (CPIA, 1996).
NOTE: CPIA – Code of Practice to the Criminal
Procedure and Investigation Act of 1996.
3. Investigation may be carried out in relation to:
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Crimes that have been committed
Identifying whether a crime has actually been
committed, with a view to commencing a
criminal proceedings
Crimes that the police believe may be
committed, for example whether premises or
individuals are kept under observation for a
period of time.
4. Instigation of criminal investigation
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A criminal investigation can be initiated using
either a reactive or proactive approach.
Reactive investigations can start with:
Reports from the general public
Referral by other agencies
Intelligence links to other crimes (linked
series)
Re-investigation as a result of new
information
A consequence of other police actions.
5. Instigation cont….
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Proactive investigations can start from an
intelligence package identifying groups or
individuals who are assessed as being involved in
ongoing criminal activity.
They are often generated as a result of the tasking
and coordination (T&C) process, and allocated for
further investigation.
6. LAWS APPLIED IN WILDLIFE
CONSERVATION IN TANZANIA
Criminal Procedures Act cap 20, 2002 RE
Wildlife conservation Act No 5 of 2009
Tanapa act CAP 282, 2002 RE
Ngorongoro Ordinance Act CAP 283, 2002 RE
Environment Management Act 2002.
These are some of laws which are mostly used on
conducting wildlife law enforcement.
7. Attributes of an effective Investigator
No two cases are alike, but investigators share
five characteristics needed to function.
Analytical Mindset: An investigator must
consider multiple theories of how a crime
occurred, followed by strong communications
skills to deal with suspects and witnesses.
However, these qualities are meaningless
without a strong sense of integrity,
particularly if alternative theories lead cases
in a different direction.
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8. Attributes of an effective Investigator cont…
Avoidance of Groupthink: Good
investigators resist promoting one theory above
all others. Known as "groupthink mentality,"
this situation is most likely to happen when
fatigue and stress push investigators to their
limits.
Good detectives are flexible enough to admit
their original theory is wrong because they
realize that failure to acknowledge mistakes
increases the likelihood for additional errors.
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9. Attributes of an effective Investigator cont…
Effective Coping Strategies: Investigators must
develop ways of coping with the long hours and
irregular schedules that distinguish their jobs.
Detectives may be called any time, so relaxing with
family and friends can be problematic.
Sense of Integrity: Investigators need a strong
sense of integrity. This is especially important in
avoiding wrongful convictions, which often result
from ignoring alternate theories.
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10. Attributes of an effective Investigator cont…
Strong Communications Skills: Good
detectives are strong communicators in dealing
with suspects.
Direct accusation works best when considerable
proof of guilt emerges, but subtler (able to make
fine distinctions) strategies are needed for multiple
suspects.
Investigators adapt their responses, depending on
the levels of truth or dishonesty they encounter.
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11. 2.0: Investigation Techniques in Investigating
Wildlife Crimes
The following techniques are highlighted:
o Surveillance technique
o Interview technique
o Search technique
o Modus operandi technique
o Arresting and detention
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12. 2.1: Surveillance:
Definition: Surveillance is the covert observation
of people, places and vehicles, which law
enforcement agencies and private detectives use
to investigate allegations of illegal behavior.
These techniques range from physical
observation to the electronic monitoring of
conversations.
According to Dempsey (2003), surveillance is
defined as covert observations of places and
persons for the purpose of obtaining
information.
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13. 2.2: Investigative Interviewing:
Definitions:
Interview refers to a formal meeting in which one or
more persons question, consult, or evaluate another
person.
Investigative interview is defined as questioning of
a person regarding that person’s involvement or
suspected involvement in a criminal offence or
offences.
The aim of investigation interview is to obtain accurate
and reliable accounts from victims, witnesses or
suspects about matters under investigation.
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14. Definitions: Victims, Witnesses & Suspects
A witness is considered as a person, other than a
defendant, who is likely to give evidence in court.
All victims are also witnesses and should be treated
as such.
Black’s Law dictionary defines a the term witness
as ‘one who sees, knows or vouches for something.
One who gives testimony under oath or
affirmation, in person, by oral or written
deposition or by affidavit’. A witness must be
legally competent to testify.
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15. Definitions: Victims, Witnesses &
Suspects
Reluctant witnesses: These are people who are
believed to have witnessed an offence, part of an
offence or events closely connected with it, but are
reluctant to become involved in the investigative
process.
Hostile witnesses: These are people believed to
have witnessed an offence, part of an offence or
events closely connected with it, but who are
opposed to the investigative process and/or biased
against the examining party.
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16. Definitions: Victims, Witnesses & Suspects
Victim: Black’s Law dictionary, ninth edition
(2009) defines a victim as ‘a person harmed by a
crime, tort or other wrong’.
Suspect: is a person who is believed to be guilty of
a crime.
If you leave the scene of a murder with blood on
your hands and a weapon in your pocket, you’re
likely to become a prime suspect. If others believe
you have committed a crime, you are a suspect.
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17. Victims, Witnesses & Suspects cont…
The success of any investigation depends largely on
the accuracy and detail of the material obtained from
witnesses.
Investigation, whether tasked with a volume crime
or major investigation, must recognize the individual
needs and concern of witnesses and treat them with
dignity and respect.
This can have a significant impact on how witnesses
cooperate with the investigation and any subsequent
prosecution.
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18. 2.3: Search:
Most investigations require a search to be conducted.
The nature and circumstances of the investigation
indicate the level of search required, together with the
resources and/or specialists needed.
Definition: Search is defined as the capacity to locate
specific targets using intelligence assessment,
systematic procedures and appropriate detection
techniques.
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19. Aims of Conducting Search
Search can be deployed as an investigative tactic
with the following aims:
o Identifying and locating sources of material
o Locating evidence to support a prosecution
o Gathering intelligence
o Locating missing persons
o Depriving criminals from their resources.
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20. 2.4 Modus Operandi (Methods of
Operation)
Many criminals are consistent in their methods of
crime ommission. Some actually have
“trademarks” or “signatures” that distinguish
them from other perpetrators of the same sorts of
crimes.
In general the methods and procedures used by
the criminal in the commission of a crime are
called the modus operandi, or M.O. Recognizing
an offender’s M.O. can assist in identifying a
suspect and perhaps even in apprehending him
or her.
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21. 2.5 Arrest and Detention
Once the police have collected physical evidence, they usually begin
to question the suspect. Depending on the amount of evidence
collected, the police may make an arrest either before or after
questioning. Procedures for dealing with suspects have been
codified in the Criminal Procedures Act.
Before making an arrest, the police must have reasonable grounds
for suspecting that the person they wish to arrest is the offender.
The police are required by law to promptly inform the person of the
reason for the arrest and of his or her right to counsel. Once an
arrested person has been informed of his or her rights, anything the
accused says to the police or puts in writing can be used against that
person in court. Police officers are not allowed to force a suspect to
answer their questions. The police usually attempt to develop a
trusting relationship with the accused in order to try to get at the
truth of the case.
