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Running head: THE ROLE OF QUESTIONS IN SOLVING
CRIMES 1
The Role of Questions in Solving Crimes6
The Role of Questions in Solving Crimes
Michael D Sheppard
Prof. Jon Hager
11 March 2020
The Role of Questions in Solving Crimes
Introduction
It appears like something out of a horror movie when you get to
your car and see your tires slashed. It is not only scary but also
inconvenient because it is costly to replace tires, especially
when it is all four. Most people wonder what to do when they
find their tires slashed. However, this crime is an easy way of
acquiring revenge or random vandalism without leaving much
evidence. Therefore, the questions below will assist you in
determining what to do after someone has slashed your tires.
1. Why do people slash tires?
Slashing tires is a way of obtaining revenge without leaving
much evidence. However, most people would consider it
cowardice because the individuals doing it are angry at the
victim but do not dare to face them. The theory of social
deviance can also be used to explain this act of vandalism. Tire
slashing is considered a deviant behavior because these people
are inept at life and only want to violate social norms. They are
incapable of doing anything meaningful with their lives, and so
they destroy things to make their presence felt. The more
psychological evaluation should be done to determine why
people slash tires.
2. How can you tell if someone slashed your tires with a knife?
There are numerous varieties of knives, but the most commonly
used to slash tires are the lock blade pocket knives and the chef
knife. Arguably, these two types of knives are not double-
edged. Therefore, they leave diamond-shaped holes, which leave
the puncture in an acute-triangle.
3. How can you determine if the tire has been intentionally
damaged or it is an ordinary blowout?
Tires that have been blown out are ragged and uneven. If the
tire has been messed with, it is easy to see the even cut marks.
Forensically, the pocketknives leave distinctive marks that can
be proven. The knives are standard and leave a deliberate
incident. Individuals can find out more about this question by
contacting an experienced tire retailer. If the technician
believes the tire has been tampered with, then you should file a
police report.
4. What should you do when your car tires are slashed?
Most people assume slashing tires is just another inept criminal
damaging their property and end up fixing them. However, you
should talk to your neighbors to determine if it's a common
occurrence and if they have seen the culprit. Often, the
individuals who do this are people you know. Even if you
recognize the individual, the police cannot deal with the issue
without evidence of the crime. Therefore, search for camera
footage around your area or catch them in the act.
5. How serious of a crime is it to slash tires?
Slashing people's tires is a simple crime of destruction of
property. Most people found guilty of this misdemeanor
vandalism only have to pay fines and then released on probation
(Jones, 2019).
6. Can you face jail time for slashing tires?
The amount of jail time relies on the value of the damaged
vehicle. In some countries, the punishment for the destruction
of tires worth over $1000 is about five years in prison. If the
tires are less than that value, the accused can face up to a year
in jail. New answers to this question can be obtained by
contacting criminal defense attorneys (Banner, 2019).
7. Is it a crime to pay someone to slash other individuals' tires
for you?
I believe it is a crime, but details will differ depending on the
law systems. In the United States, for instance, a contract
formulated that includes an illegal activity is not enforceable
(Gambardello, 2019). For example, when someone slashes tires
on your behalf, and you refuse to pay them, there is no legal
recourse that can hold you to the agreement. Nonetheless, when
you pay them for their service, it will incriminate you.
8. Can you file a claim after your tires are slashed?
If your car is intentionally damaged by slashing the tires, you
must file a personal injury claim to cover the damage. The best
way to do so is to initially register a police report within 24
hours and then contact a professional injury attorney to assess
the damage (Gambardello, 2019). You can take pictures and
video footage of the vandalism for additional evidence.
9. Why do criminals only slash three tires?
Criminals only slash three tires because the insurance
companies are forced to pay when all four are cut (Gambardello,
2019). When only three are slashed, the owners have to pay out
of their own pockets. Most victims are not familiar with this
information. Therefore, they must conduct sufficient research
within their states before contacting their insurance provider.
10. How can you prevent individuals from slashing your tires?
It is not easy to prevent others from slashing your tires, mostly
because you park it outside or reside in a criminal-infested
neighborhood. To prevent your tires from being cut in the
future, find a secure and well-lit parking space. Secondly, you
can install security cameras and motion sensors lighting around
the house. Lastly, you can establish a neighborhood crime
watch.
Conclusion
There are many reasons why individuals break the law. Some of
the reasons include the opportunity, being in the right place at
the right time, jealousy, or it can be just plain ole’ boredom.
Regardless of the reason, there are a few crime theories as to
why offences still occur. Byrne and Hummer, 2016 suggest four
different types of crime theories, which are classically,
biologically, psychologically, and sociologically based.
Classically based criminologist is when an individual makes a
conscious choice in committing crime based on the cost and
benefits of the individual(s) (Byrne & Hummer, 2016).
Biologically based criminologists is when inherited traits
increase the occurrences of committing a crime because other
family members committed crimes (Byrne & Hummer. For
example, if the individual(s) saw family member slashing tires
out of anger, they may do it as well out of anger.
Psychologically based criminologists explain criminal behavior
as a negative circumstance(s) in the individual’s youth that
brought on a criminal thinking mindset. For example, if the
individual(s) feels like there is no one in their corners, as an
adolescent, they then may show out to attain attention and
associate bad behavior with getting attention and will continue
it as an adult. The last theory is sociologically based
criminologists. Within this theory level, individuals feel
conflicted to doing criminal activities because of factors that
they feel constricted them from succeeding in life and look
towards violence and criminal activities as a last resort and only
result of succeeding in life Byrne &Hummer, 2016).
References
Banner, G. (2019, May 24). Arrest made in Gravenhurst tire
slashing of 9 vehicles parked near bar.
https://lopes.idm.oclc.org/login?url=https://search.ebscohost.co
m/login.aspx?direct=true&db=edsgin&AN=edsgcl.586606424&s
ite=eds-live&scope=site
Byrne, J., & Hummer, D. (2016). An Examination of the Impact
of Criminological Theory on Community Corrections Practice.
In www.USCourts.gov. Retrieve from
https://pdfs.semanticscholar.org/bc5e/1f37118c587f88253e8efb
784459ae6e4ede.pdf
Gambardello, J. (2019). Police seek trio in tire slashing spree in
West philadelphia. Philadelphia: Tribune Content Agency.
https://lopes.idm.oclc.org/login?url=https://search.ebscohost.co
m/login.aspx?direct=true&db=nfh&AN=2W6731577171&site=e
ds-live&scope=site
Jones, R. (2019, November 8). Crooks ruin 'more than 50 cars'
in tyre slashing spree.
https://lopes.idm.oclc.org/login?url=https://search.ebscohost.co
m/login.aspx?direct=true&db=edsgin&AN=edsgcl.605092394&s
ite=eds-live&scope=site
1190 Assignment Specifications
1190.16
35 Points Possible
Content Criteria
CURRENT INFORMATION ABOUT A FIELD I AM
PURSUING
1) Which professional organization monitors entry into and
current practice in the field you are pursuing?
2) When and where are the organization’s nation meetings
generally held?
3) Does your profession’s organization maintain ethical polices
for best practice of your field?
4) Is there a student branch/division of your profession’s
organization?
5) Search for information about the profession’s current
practices in our library’s card catalog.
6) Using paper-copy information: evaluate your sources – which
are academic, which are from current professional organizations
7) Do a web search for the profession’s current practice
information.
8) Do a web search for how to cite Internet sources in the
format determined by the Modern Language Association (MLA).
9) Remember to cite your resources in the correct reference
form. You will need citations for each of the resources that you
used, both paper and Internet sources. (The book and your
internet research will help)
10) Submit your research in paragraph format as 1190.16.
Editing Criteria
1. Identify 2 correlative conjunctions in your submitted research
by underlining them.
2. Identify 2 subordinating conjunctions in your submitted
research by identifying them with underline andbold.
3. Identify 2 complex sentences in your submitted research in
bold.
4. Identify 4 acronyms/abbreviations in your submitted research
and correctly punctuate them.
5. Fragments, run-ons, and comma splices are edited into
submission.
6. The writer has eliminated the use of the second person “you”
in the writing of your essay and written up the research using
third person.
7. Overall, there are fewer than five editing errors.
Submission Criteria
1. The length of the essay is a minimum of 1 page, single-
spaced when printed in 12 point New Times Roman Font. No
spaces between the paragraphs or unnecessary spacing around
the title. I may scan and reprint the essays if there is any doubt
about the length of the essay. If an essay is less than the
prescribed length, the grade will be shortened. Short essays
lead to short grades.
2. The completed essay should have less than five editing
errors.
3. The editing features are identified with underline and bold as
requested.
4. The references for information which you took from web
sources and hard copy has been identified both in the body of
your essay and in the Work Cited
5. At the end of the essay, after the page minimum, the
following questions are to be answered:
a) What influenced you to select this topic?
b) What assistance did you have in creating the essay?
c) What assistance did you have in editing the essay?
d) Do you state that the above answers are true?
e) Are you aware that the consequence for dishonesty is a
failing grade?
Journal of Digital Forensics, Security and Law, Vol. 8(1)
73
TECHNOLOGY CORNER
VISUALISING FORENSIC DATA: EVIDENCE
(PART 1)
Damian Schofield
State University of New York
Department of Computer Science
[email protected]
+1 (410) 504 3178
Ken Fowle
Edith Cowan University
School of Computer and Security Science
[email protected]
+61 (8) 9370 6013
Keywords: Visualisation, Visualization, Evidence,
Reconstruction, Digital
Forensics, Computer Graphics, Forensic Animation, Guidelines.
ABSTRACT
Visualisation is becoming increasingly important for
understanding information,
such as investigative data (for example: computing, medical and
crime scene
evidence) and analysis (for example: network capability
assessment, data file
reconstruction and planning scenarios). Investigative data
visualisation is used
to reconstruct a scene or item and is used to assist the viewer
(who may well be
a member of the general public with little or no understanding
of the subject
matter) to understand what is being presented. Analysis
visualisations, on the
other hand, are usually developed to review data, information
and assess
competing scenario hypotheses for those who usually have an
understanding of
the subject matter.
Visualisation represents information that has been digitally
recorded (for
example: pictures, video and sound), hand written and/or spoken
data, to show
what may have, could have, did happen or is believed to have
happened. That is
why visualising data is an important development in the
analysis and
investigation realms, as visualisation explores the accuracies,
inconsistencies
and discrepancies of the collected data and information.
This paper introduces some of the various graphical techniques
and technology
used to display digital information in a courtroom. The
advantages and
disadvantages involved in the implementation of this technology
are also
mailto:[email protected]
mailto:[email protected]
Journal of Digital Forensics, Security and Law, Vol. 8(1)
74
discussed. This paper is part one of a two part series that aims
to describe the use
of, and provide guidelines for, the use of graphical displays in
courtrooms.
1. INTRODUCTION
At the end of the 18th Century William Playfair, a Scottish
inventor, introduced
the line graph, bar chart and pie chart into statistics. He
demonstrated how much
could be learned if one plotted data graphically and looked for
suggestive
patterns to provide evidence for pursuing research. However,
due to the novelty
of the graphical forms, Playfair had to include extensive
directions for the viewer
informing them how to read the data visualised from the graphs
and charts he
created (Tufte 1997). Today these graphs (and many other more
complex
graphical representations) are a vital and everyday part of
communication in
science and technology, business, education and the mass media
(Cleveland &
McGill, 1984).
Scientists and scholars have always used graphical techniques
to describe,
represent, and create knowledge. Traditionally, these techniques
have focused
on the communication of quantitative data and information
(e.g., graphs and
charts) although a variety of methods have also emerged to
communicate more
qualitative information including behavioral maps, and
perspective renderings
(Ramasubramanian and McNeil, 2004).
The human visual system has the ability to interpret and
comprehend pictures,
video, and charts much faster than reading a description of the
same material.
The human brain performs some processing early in the chain of
processing
visual input; this process starts in the eyes. Hence, images are
interpreted much
faster than textual descriptions as the brain processes the visual
input much
earlier than textual input. This results in the human visual
system’s ability to
examine graphics in parallel, whereas humans can only process
text serially
(Teerlink and Erbacher, 2006).
A visualisation is an image, diagram, graphic or animation
representing data that
is intended to give a better understanding of that data. There are
many different
visualisation areas, differing mostly by the domain of the
visualised information.
Examples include: mathematical & scientific visualisations
(results from
equations and formulas); product visualisation and three-
dimensional design
(images, photos or computer aided design software) and medical
imaging
(information and images from medical machines such as
magnetic resonance
imaging scanners).
Visualisation, in its broadest sense, is a communicative process
that relies on
encoded meanings that can be transferred from creators and
organizers of
information to users and receivers of the same information
(Shannon, 1948).
Edward Tuft (1997) proposes that visualisation is as much an
art as a science,
where the processes of arranging data and information in order
to achieve
Journal of Digital Forensics, Security and Law, Vol. 8(1)
75
representation, communication, and explanation are consistent
regardless of the
nature of substantive content or the technologies used to display
the information.
Marty (2008) stated:
“It is not just the expedited browsing capabilities that
visualization has to offer, but often a visual representation—in
contrast to a textual representation”
2. VISUAL EVIDENCE
In a modern courtroom, the presentation of forensic evidence by
an expert
witness can bring about the need for arduous descriptions by
lawyers and experts
to get across the specific details of complicated scientific,
spatial and temporal
data. Within the realms of forensic science, the use of new
technologies in order
to gather, analyse and present evidence is of the utmost
importance in the modern
world. Better collection and analysis of evidence from a wide
range of digital
media can be achieved by the use of data from the devices of
perpetrators,
victims and witnesses involved in incidents. The devices which
may provide
additional evidence include mobile phones, PDAs, tablets,
digital cameras,
computers and closed-circuit TV. Recent terrorist event have
highlighted these
new forms of evidence as mobile phone images and video are
collected from
members of the public who were at the scene of an incident
(Schofield, 2007).
Digital visual evidence presentation systems (including digital
displays,
computer-generated graphical presentations and three-dimension
simulations)
have already been used in many jurisdictions. As courtrooms
transform into
multi-media, cinematic display environments, this has enormous
implications
for the legal processes taking place with them. One must ask
whether the
decisions made in these visual courtrooms are affected by the
manner in which
the evidence is presented, and in truth, no one really knows the
answer to this
important question.
Gerald Lefcourt (2003), a criminal defence lawyer in New York,
has made the
following comments about members of the public who attend
court:
“These are people who by and large have grown up on
television … The day of the lawyers droning on is really gone. I
think that jurors today, particularly the young ones, expect
quickness and things they can see.”
Forensic visualisation methods for two specific areas
(investigation and
presentation) have a common thread; that is, that data
visualisation is still
relatively new within the forensic and evidential thematic area.
There is further
research required to establish an accepted framework of what
visual is suitable
and acceptable for investigation and presentation in relation to
the target
audience.
Journal of Digital Forensics, Security and Law, Vol. 8(1)
76
3. WHY VISUALISE DATA
There is a famous expression that “a picture paints a thousand
words” but this
epigram is only true if the viewer has some understanding of
what is being
presented and why it is being presented. The inability of the
general public to
understand William Playfair’s first graphs and charts is a prime
example of this
problem (Tufte 1997). Consider the image shown below (Figure
1) and its
potential ability to confuse a viewer unfamiliar with the
information types being
visualised.
Figure 1 Visual Representation of Computer Network Traffic
(Wand n.d.)
The image above shows computer network traffic in a graphical
format, the data
is captured from a live network interface, visualising the flow
of network data
between hosts, providing (at a glance) information about
network usage. To a
person trained in computer network traffic analysis the image
has meaning and
provides displays information but to a layperson it will require
the provision of
a detailed explanation. How information and data is viewed,
interpreted and
understood depends on what is presented, to whom it is
presented and why it is
being presented. Visualisations are only effective when the right
kind of pictorial
representation is chosen and can be manipulated to show useful
information
(Lowman, 2010).
Many forensic disciplines are facing an ever-growing amount of
data and
information that needs to be analysed, processed, and
communicated. Those who
Journal of Digital Forensics, Security and Law, Vol. 8(1)
77
have to look at, browse, or understand the data (judges, lawyers,
jurors, etc.)
need ways to display relevant information graphically to assist
in understanding
the data, analysing it, and remembering parts of it.
The ability of a computer to create synthetic copies of an event
or issue (whether
as a static image, a plan or schematic, a computer animation or
a virtual reality
simulation) provides the opportunity to enhance the viewer’s
current
understanding. These visualisations allow users to learn,
question and interact
within the computer-generated environment and it provides the
opportunity to
make mistakes, revisit and review, without necessarily putting
themselves at risk
(Fowle and Schofield, 2011).
4. INVESTIGATION VISUALISATION
Analysis of digital data storage is often a key area in modern
crime scene
investigation, so much so in fact, that the computer is
sometimes now considered
as a separate crime scene. The computer may hold evidence in
the form of
documents, e-mail records, web history and caches, login dates
and times of
access, and illegal files, to name but a few. The digital evidence
process has
become so focused around this area, that disk analysis has
become known, by
some authors as ‘forensic computing’ (Schofield and Mason,
2012).
Today’s digital forensic investigator has “hundreds of specific
and unique
application software packages and hardware devices that could
qualify as cyber
forensic tools…hundreds of utilities available for the same
task” (Marcella and
Menendez, 2007). The basic requirement for a computer
forensics tool is to
convert specific files into a human readable format for analysis
by a forensic
investigator.
This analysis can be difficult and time-consuming and often
involves trawling
through large amounts of text-based data. Efficient and
effective visual
interfaces and visualisations can vastly improve the time it
takes to analyse data.
These graphical tools can help users gain an overview of data,
spot patterns and
anomalies, and so reduce errors and tedium (Lowman and
Ferguson 2011).
In the case of a digital forensic investigation, an investigator
may need to
examine the network traffic on a defendant’s computer. The
investigators would
begin by investigating network traffic log files taken from the
computer in
question. Marty (2008) reports that instead of showing a jury a
log file that
describes how a digital event occurred, a picture or visual
representation of the
log records should be used (such as the one shown in Figure 1).
At one glance,
a picture such as this is potentially capable of communicating
the content of this
log. So long as viewers are made aware of the context and
content of the image,
most viewers can process this information in a fraction of time
that it would take
them to read the original log (Fielder, 2003).
Journal of Digital Forensics, Security and Law, Vol. 8(1)
78
In the area of forensic surveying, the use of visuals to
reconstruct the crime scene
from all the collected and recorded information (whether it be
text, photographs,
sketches, or survey information) is invaluable. The crime scene
will not be
available in its initial condition forever; evidence is often
transitory and
ephemeral. Evidence and information needs to be recorded
before crime scene
officers collect and remove any items of interest (thereby
changing the original
condition of the crime scene).
The court is usually provided with some form of visual
representation of the
crime scene. Traditionally, a hand created drawing (or map)
based on the use of
traditional drafting techniques is represented as a two-
dimensional (2D)
diagram, such as the one shown in Figure 2. In the past this may
have been
crudely drawn or plotted to varying degrees of accuracy.
Figure 2 Hand Drawn Crime Scene Plan
(Courtesy of Mr. G. Schofield, Toronto Police)
Over the past few decades, the widespread introduction and
acceptance of
computer technology has meant that courts have become used to
seeing maps
and plans rendered digitally. The technology used to create
these two-
dimensional displays varies, from simple freeware drafting
programs to complex
mechanical engineering based drafting tools such as Autocad’s
Mechanical
Desktop©. Often investigators use drafting technology that is
tied to their scene-
measuring instrument; for example, many police surveyors draft
plans using
software that download data from their electronic theodolites.
Currently, investigators are starting to see the use of three-
dimensional laser
scanning technology for scene measurement and capture. These
devices provide
Journal of Digital Forensics, Security and Law, Vol. 8(1)
79
a combination of laser scanning surveying and digital
photography. The
technology is capable of capturing all physical aspects of a
scene in true three
dimensions (in the x, y and z planes) for accurate interrogation
and analysis.
Figure 3 depicts an image of three-dimensional (3D) laser scan
data; the black
spot (void) is where the scanner was placed to capture the crime
scene. The three-
dimensional model represents a quantitative, objective database
of
measurements, which different operators and investigators can
share for
subsequent analysis.
Figure 3 A Three-Dimensional Laser Scan
(Courtesy of Mr. M. Haag, Albuquerque Police)
5. ANIMATING EVIDENCE
Computer-generated graphical evidence in the US has primarily
been used in
civil cases. One of the first major uses of forensic animation
took place in the
federal civil case for the Delta flight 191 crash. In August 1985
the Delta airplane
with 163 people aboard was caught in a wind vortex and crashed
while
attempting to land at Dallas-Fort Worth Airport, a mile from the
runway. In the
subsequent litigation the US Government offered a 55-minute
computer-
generated presentation, including forensic animations to the
court to explain
details pertaining to each item of evidence (Marcotte, 1989).
There is an extensive precedent concerning the use of a range of
computer-
generated evidence in the United States, but very little in
comparison in many
Journal of Digital Forensics, Security and Law, Vol. 8(1)
80
other jurisdictions. Consequently, judges in other jurisdictions
may look to the
US for guidance in considering issues of admissibility. This has
been particularly
true for the introduction of computer-generated animations and
virtual
simulations in courtrooms in the UK and Australia. The legal
precedents for the
admissibility of this technology into courtrooms have been
extensively discussed
in other publications (Galves, 2000; Girvan, 2001; Schofield,
2007; Schofield
and Mason, 2012).
Presenting data related to road traffic accidents in the
courtroom (such as the
example in Figure 4) provides is a prime example of the need to
relate spatial
and temporal data, for which the use of virtual environment
technology has been
extensively adopted (Schofield, et al., 2001). In such cases, a
computer-
generated forensic reconstruction is built using a three-
dimensional virtual
environment of a scene created from actual measurements,
which are usually
taken by the police or investigators at the time of the incident.
Figure 4 An Image from a Forensic Animation of a Road Traffic
Accident
Dynamic vehicle movements are often then simulated using
scientific
calculations based on those measurements and the experience of
the
reconstruction engineer. This computer model can then be
rendered to create a
series of images and animations, which describe the scene or
incident. These
virtual environments, when viewed in court, must support and
corroborate
existing evidence to be admissible as substantive evidence in
any courtroom
(Noond and Schofield, 2002).
Journal of Digital Forensics, Security and Law, Vol. 8(1)
81
In this example, the images in Figure 5 show a pathology
reconstruction used in
a murder case to investigate the nature of a stabbing incident. In
this case the
autopsy report described the injuries sustained by a 30-year-old
male who had
received a number of blunt force injuries to the face and chest,
and a stab wound
to the back measuring 3.4 cm in length. The autopsy reported
that the cause of
death was attributed to the extensive internal bleeding caused
by the stab wound
which pierced the heart. It was also concluded that a large
amount of force would
be necessary to cause the incision to the eleventh thoracic
vertebra and that the
bruising to the victim’s body suggested some degree of violent
struggle prior to
the fatal injury (March, et al., 2004; Noond, et al., 2002).
Figure 5 An Image from a Forensic Animation based on
Autopsy Information
The left-hand image (Figure 5) shows the angle of the blade as
it entered the
body, cutting through the vertebra. The right hand image
(Figure 5) shows a
hypothetical body dynamic produced to illustrate the position of
the victim so
Journal of Digital Forensics, Security and Law, Vol. 8(1)
82
that the damage to the internal organs matches up with the angle
of the knife
entry (March, et al., 2004).
Unlike the environment surrounding a road traffic accident or
crime scene
reconstruction, where exact, surveyed measurements are usually
available,
pathology or medical visualisations are often based on
descriptive post-mortem
findings or approximate measurements. The use of generic
anatomical computer
models allows the recreation of dynamic events in which
wounding or damage
to a human body occurs. Such a reconstruction is, by its very
nature, often
dependent on the knowledge, expertise and opinion of medical
experts. Hence,
in many of these cases the advice of the expert is seen as crucial
in creating a
graphical representation that accurately matches the medical
opinion. However,
the potential inaccuracies involved mean that these
reconstructions must be
viewed cautiously, and the uncertainty associated with the exact
position of
virtual objects must be explained to the viewer (Schofield and
Mason, 2012).
Stephenson v. Honda Motors Ltd. of America (Cal. Super. Case
No. 81067, 25th
June 1992) is generally accepted to be the first case to admit
evidence using a
computer game engine (real-time simulator). The attorney
convinced a
California Superior Court of the need to use the visual
component of a virtual
reality simulation to help a jury understand the nature of the
terrain over which
an accident victim chose to drive her Honda motorcycle (Dunn,
2001). Honda
argued that the terrain was obviously too treacherous for the
safe operation of a
motorcycle, and that, while two-dimensional photographs and
videos would help
provide the jury with some idea of what the terrain was like, a
three-dimensional,
interactive simulator was much more realistic. In allowing the
evidence, the
court determined that the three-dimensional simulation was
more informative,
relevant, and probative.
Since this initial success, the sporadic worldwide application of
such computer
game based, real-time technology in courtroom situations has
(in most cases)
offered a unique platform for the collection, interrogation,
analysis and
presentation of complex forensic data across a wide spectrum of
crime-scene and
accident scenarios. Three-dimensional reconstructions of
incidents have allowed
the user to interactively visualise views from multiple relevant
positions within
the virtual environment, something that can be beneficial within
the dynamic,
adversarial environment of the courtroom.
The USA has a larger precedent for the admissibility of such
technology into
courtrooms (Schofield and Mason, 2012). All of the above
information has been
collected, extracted and produced by qualified people and/or
experts in their
respective field. They understand the visuals they create and use
and understand
what it is being shown. These visuals are often used as
explanatory tools for
juries and non-experts. However, the general public are rarely
presented with
these visuals without extensive expert explanation, as there is a
possibility that
Journal of Digital Forensics, Security and Law, Vol. 8(1)
83
they may not understand the raw visualisation, misconstrue the
data presented,
or may infer a biased view from them.
6. ADVANTAGES AND DISADVANTAGES OF THE USE OF
THE TECHNOLOGY
By their very nature, any discussion of the issues involved in
the presentation of
the whole range of digital evidence is likely to be basic and
generic relating to
broad generalisations about the use of this technology across
diverse courtroom
application areas. Many of the issues raised in the previous
section affect the
admissibility of the reconstructions as courtroom evidence in
the various global
jurisdictions. Consideration of these issues is crucial if such
technology is to be
successfully used. As Wheate (2006) stated:
“It is difficult to determine how well twelve untrained,
underpaid and usually inconvenienced strangers comprehend
and utilise the evidence they hear in court, especially in cases
where the evidence is provided by highly trained experts such
as forensic scientists.”
It is possible to summarise a list of advantages and
disadvantages of the use of
this technology.
Advantages of using the technology include:
– Three-dimensional reconstructions
have the
ability to improve the comprehension, and the memory
retention, of
complex spatial and temporal data and evidence.
– Reconstruction technology can improve the
speed with
which complex information can be imparted to a courtroom
audience,
and therefore may shorten the length of a case. They may rarely,
on
occasion, be responsible for extra points of confusion and cause
an
increase in case length.
– According to research conducted in the USA
(Lederer
and Solomon, 1997) people are twice as likely to be persuaded
when
arguments are supported by visual aids.
– People’s attention is drawn to moving
objects. They
rank top on the hierarchy of methods to draw attention which
spans from
actions, through objects, pictures, diagrams, written word, to
spoken
word (Schofield, 2006). This increased attention should lead to
the triers
of fact (usually a judge and jury) studying the evidence more
intently.
Journal of Digital Forensics, Security and Law, Vol. 8(1)
84
Disadvantages of using the technology include:
– Visual displays when used can introduce levels of
prejudice,
if one side has such evidence and the other does not.
– Graphics-based reconstruction technology is
potentially prone to
allowing bias into the presentation, whether that is conscious
bias (a
form of evidence tampering) or subconscious bias. In an attempt
to
reduce this, all computer-generated graphical evidence must be
backed
up with a comprehensive audit trail, and the expert witness
presenting
such evidence must be able to substantiate the accuracy of the
reconstruction, both in terms of the original data used to
reconstruct the
incident, and the accuracy of the reconstruction (Schofield and
Mason,
2012).
– this is an issue of the
‘persuasiveness’
of the technology. It is possible that when a subject is shown a
‘realistic’
computer-generated reconstruction of an event they may feel
mesmerised, or believe that they are seeing the actual event
happen.
Jurors may hence adopt a ‘seeing is believing’ attitude, as has
been
shown to sometimes be the case with television viewing
(Fielder, 2003;
Schofield, 2007; Speisel and Feigenson, 2009). There is
therefore a
potential reduction in their level of critical appraisal of the
reconstructed
evidence.
It does not make sense to use technology just for the sake of
using something
new. However, as many lawyers and expert witnesses continue
to push towards
the dynamic presentations of video, text, documents and other
forms of evidence,
it seems likely that these complex data visualisations and
forensic virtual models
will become a more pervasive and effective alternative to the
sketches, drawings
and photographs traditionally used to portray demonstrative
evidence in the
courtroom (Bailenson, 2006; Galves, 2000; Girvan, 2001;
O’Flaherty, 1996;
Schofield, 2011).
It could be said that when visualising data, a person must have
the knowledge of
the data they are visualising, but they must also have knowledge
of how to apply
the visualising techniques for their audience. Marty (2008)
supports this
reasoning: he reports that most people who are trying to
visualise data have
knowledge of the data itself and what it means, even if they do
not necessarily
understand the visualisation. The viewer tends to visualise only
the information
collected or generated by a specific solution.
The use of advanced visualization tools (specifically three-
dimensional
computer models) allows for the recreation of an incident
illustrating the
chronological sequence of events. However, such a
reconstruction is, by its very
nature, often dependent on the knowledge, expertise and opinion
of the experts.
These must be viewed cautiously and the uncertainty associated
with each item’s
Journal of Digital Forensics, Security and Law, Vol. 8(1)
85
position and action within the reconstruction must be explained
by the person
presenting the visual to the audience.
It should be noted that during both investigation and courtroom
presentation
there should be some concern that the investigator/reviewer will
be focused on
the visual images rather than the data source. This is of
importance since visual
evidence has the potential to be particularly misleading and it is
possible that
people may focus only on the elements that have a high degree
of visual appeal.
In all these situations, new visualisation techniques and
products may be used
inappropriately or used to deflect the viewer’s focus away from
key evidential
issues.
In summary, the main benefit of the use of these reconstructions
in the courtroom
is their ability to persuade a jury. In terms of admissibility in
courtrooms around
the world, this persuasive nature may also bring about a variety
of objections to
their use.
7. CONCLUSIONS
Our culture is dominated with images whose value may be
simultaneously over-
determined and indeterminate, whose layers of significance can
only be teased
apart with difficulty. Different academic disciplines (including
critical theory,
psychology, education, media studies, art history, and
semiotics) help explain
how audiences interpret visual imagery. The continuing digital
revolution has
had an enormous impact on the way forensic evidence is
collected, analysed,
interpreted and presented and has even led to the defining of
new types of digital
evidence (for example, digital imagery and video, hard drives
and digital storage
devices). Much of this digital media will end up needing to be
admitted into
courtrooms as evidence. In most jurisdictions around the world
technology can
be slow to become legally accepted. It is fair to say that, in
general, legislation
for the admissibility of digital media usually lags behind the
technological
development (Schofield and Mason, 2012). In a very real and
practical sense,
the analysis of courtroom imagery and its interpretation by
jurors and other
courtroom participants)is only just beginning (Speisel and
Feigenson, 2009).
This paper has highlighted thematic areas where novel
technologies may bring
improvement to the forensic process. It underlines the fact that,
recently, three-
dimensional forensic reconstruction techniques are being
increasing used (along
with other multimedia technologies) to present forensic
evidence in the
courtroom. The technologies have been targeted in this area due
to their success
in communicating highly complex, technical, spatial and
temporal evidential
information to the general public.
Forensic science technology advances rapidly, and the public,
who regularly
watch high-technology crime scene investigation on television,
expect to see
their TV experience duplicated in the real courtroom
environment. The public
Journal of Digital Forensics, Security and Law, Vol. 8(1)
86
expects professional visual representations illustrating complex
forensic
evidence, polished digital media displays demonstrating the
location of spatially
distributed evidence and dynamic animated graphics showing
event
chronologies.
Modern systems for creating visualisations have evolved to the
extent that non-
experts can create meaningful representations of their data.
However, the process
is still not easy enough, mainly because the visual effects of
processing, realising
and rendering data are not well-understood by the user, and the
mechanisms used
to create visualisations can be a largely ad hoc process
(Rogowitz and Treinish,
2006).
Commercial media companies often magically appear offering
‘professional
graphics’, ‘forensic animation’ and ‘crime scene reconstruction’
services similar
to those seen on the televised forensic/crime shows. In countries
all around the
world, many lawyers and expert witnesses now use, and have to
confront in an
adversarial manner, computer-generated animations, three-
dimensional virtual
reconstructions, real time interactive environments and
graphical computer
simulations (Schofield, 2007). However, there is little research
being undertaken
to consider the impact this technology is having in the
courtroom, in particular
how it is affecting the decisions being made (Schofield, 2011).
This concludes part one of this two part investigation into the
use of digital
displays in the courtroom. Part two of this paper will analyse
and discuss specific
problems in relation to the use of this technology in the
courtroom.
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BIOGRAPHICAL DETAILS
Dr. Schofield (PhD) is currently Director of Human Computer
Interaction
(Associate Professor) at the State University of New York
(SUNY) Oswego,
USA, and an Adjunct Associate Professor of Digital Forensics
in the School of
Computer and Security Science at Edith Cowan University,
Perth, Australia.
Journal of Digital Forensics, Security and Law, Vol. 8(1)
89
Previous to this position he held the title of Associate Professor
of Computer
Games and Digital Media, in the School of Creative Media at
RMIT University
in Melbourne, Australia. In his earlier career he was one of the
managers of the
internationally renowned Mixed Reality Lab (MRL) at the
University of
Nottingham in the UK.
Dr. Schofield has also been on the management board of both
the Visual
Learning Lab (a UK HEFCE centre of excellence) and the
Learning Sciences
Research Institute (UK). Dr. Schofield also remains a director
and major
shareholder of Aims
Solution
s Ltd., a UK based company providing computer
graphics visualisation services and virtual reality based
simulation training
products to a wide range of public and private sector
organisations.
Dr. Schofield has been involved in developing crime scene
reconstructions using
computer games/graphics technology for over 15 years. His
research is
specifically concerned with representation and understanding of
visual
information in the courtroom environment. The reconstructions
he and his team
create cover a wide range of forensic visualisation from
computational fluid
dynamics models to blood spatter patterns at crime scenes, from
road traffic
accident reconstruction to post-mortem pathology visualisation.
Dr. Schofield is
regularly used as an expert witness in courts all over the world
and has worked
on many high profile cases.
Dr. Schofield has been involved in forensic casework in the UK,
Australia, the
USA and Malaysia. A few years ago, he was responsible for the
facial
reconstruction of an Egyptian mummy for a documentary called
Nefertiti
Reserected on the Discovery Channel. For the last six years he
has also been
working on a major facial biometric project for the FBI (Federal
Bureau of
Investigation) in the USA.
Ken Fowle (PhD) is currently the Head of School (Associate
Professor),
Computer and Security Science, at Edith Cowan University
(ECU), Western
Australian and an Adjunct Associate Professor at the University
of Western
Australia, Centre of Forensic Science (CFS). Prior to moving
over to academia,
Dr Fowle was employed by the Department of Mines and
Petroleum in the
Investigation Branch.
Dr Fowle’s interest in visualisation and accident reconstruct
started back in
1996, when seconded to the departments Mine Safety Branch to
assist with
developing computer applications for mining accident and
incidents. This
interest was further enhanced in 1999 when he was seconded to
Central Tafe to
establish a research and development group specifically for
developing
computer graphics for the resource sectors of Western Australia.
During his time
at Central Tafe, Dr Fowle undertook a PhD with the University
of Nottingham’s
AIM’s research group.
Journal of Digital Forensics, Security and Law, Vol. 8(1)
90
In 2003 Dr Fowle returned to the Department of Mines and
Petroleum where he
continued his research into visualisation and won funding from
the WA
Government, to continue research in the use of 3D environments
for accident
reconstruction. This research interest continues at ECU with
collaboration with
the WA Police Service, London Metropolitan Police,
Northumbria University,
State University of New York and local and national research
groups such as
IVEC, CFS and ECU’s Security Research Institute.
Dr Fowle is past president of the Australian and New Zealand
Forensic Science
Society and is still an active committee member, is a member of
the International
Association for Forensic Survey and Metrology, American
Society for Industrial
Security, Australian Computer Society and the Australian Law
Enforcement
Forensic Surveying Working Group.
Reproduced with permission of the copyright owner. Further
reproduction prohibited without
permission.
Journal of Quantitative Criminology, Vol. 15, No. 2, 1999
Using National Incident-Based Reporting System
Data for Strategic Crime Analysis
Donald Faggiani,1,2 and Colleen McLaughlin1,3
The utility of the National Incident-Based Reporting System
(NIBRS) for stra-
tegic crime analysis has yet to be explored. The NIBRS
represents an advance-
ment over existing reporting systems and possesses considerable
utility to
frontline law enforcement with respect to strategic crime
analysis. This paper
discusses the utility of the NIBRS for identifying local and
regional trends in
narcotics related offenses. As an example, we selected four
localities from the
1997 Virginia NIBRS data to examine trends in the
saleydistribution and pos-
session of narcotics. Our analysis shows that the NIBRS
provides significantly
more incident-related detail than has heretofore been available
for strategic crime
analysis at the regional or state level. Moreover, the NIBRS
provides neighbor-
ing communities the opportunity to compare information on
emerging crime
patterns and criminal enterprises which extend beyond local
boundaries. Finally,
enhancing local reporting compliance by highlighting the
strategic utility of the
data to local law enforcement will ultimately ensure the quality
of the data set,
which can then be employed by larger entities as well as
criminal justice research-
ers for policy development and planning.
KEY WORDS: NIBRS; crime strategy; narcotics enforcement;
drugs; crime
analysis.
1. INTRODUCTION
The utility of crime analysis techniques for identifying patterns
of crime
over time and location is well documented. Maltz et al. (1991)
note that
‘‘information is the lifeblood of the police’’ (p. 12). While
information may
be the lifeblood of the police, a well-designed incident-based
data system
provides the infrastructure that maintains the information for
analyzing
emerging or ongoing crime problems. A primary objective of
the FBI’s
1Virginia Statistical Analysis Center, Department of Criminal
Justice Services, 805 East Broad
Street, Richmond, Virginia 23219.
2To whom correspondence should be addressed. e-mail:
[email protected]
3Departments of Surgery and Emergency Medicine, Medical
College of Virginia, Virginia
Commonwealth University, P.O. 980454, Richmond, Virginia
23298-0454.
181
0748-4518y99y0600-
Corporation
Faggiani and McLaughlin182
National Incident-Based Reporting System (NIBRS) is to serve
as a basic
foundation for a crime analysis information system. The intent
is to provide
a crime information tool with standardized data elements that
has utility at
the local law enforcement level for tactical crime analysis.
Unfortunately, the NIBRS has not achieved immediate and
widespread
acceptance. In part this may due to misunderstandings
surrounding the uses
of NIBRS data by local and state law enforcement officials. A
Joint Docu-
ment of the Bureau of Justice Statistics (BJS) and the Federal
Bureau of
Investigation (FBI) outlines seven impediments to the
implementation of
NIBRS (BJS, 1997). Second on the list of impediments, just
below funding,
is uncertainty of benefits. Through a series of national focus
groups, the
FBI and BJS study found that the participants of these groups
felt that the
NIBRS was useful only for macro-level analysis and had no
practical utility
for local law enforcement. Analysis of the NIBRS system,
however, reveals
that it possesses significant and immediate utility for local
agencies.
The NIBRS data system is designed to provide basic,
standardized
incident-level information that is consistent across law
enforcement jurisdic-
tions. The resulting data set represents an invaluable asset to
local law
enforcement, as well as other governmental organizations and
criminology
researchers. The specific aim of the current paper is to provide
an example
of how NIBRS data can be useful for strategic crime analysis
and criminal
investigative analysis at the local and regional levels.
The analysis focuses on identifying local and regional trends in
the
saleydistribution and possession of narcotics. Narcotics-related
offenses
have been selected for the present study for three reasons. First,
narcotics-
related offenses affect most communities: large and small,
urban and rural.
Second, the NIBRS permits the opportunity to analyze specific
types of
narcotics-related offenses (e.g., possession and
sellingydistribution), which
significantly enhances the potential utility of the NIBRS data to
local law
enforcement. Finally, narcotics-related offenders have the
ability to be rela-
tively mobile in their criminal activity. With some geographic
constraints,
drug users and sellers may conduct their transactions in a wide
variety of
locations of varying levels of convenience and risk to either
party, irrespec-
tive of established community boundaries. Drug-selling and
illegal drug
markets also have the potential to be ‘‘franchised,’’ moved,
established, and
reestablished. Dealers may bring their product to the user or
may elect to
sell in their home community. While user prevalence and
preference may
impact the establishment and location of illegal drug markets, it
is also
likely that local tolerance of drug crimes and local law
enforcement practices
may impact these decisions as well. Therefore, data pertaining
to patterns
and trends for narcotics-related offending across localities
would be
especially useful in developing law enforcement tactics and
strategies.
Using the NIBRS for Strategic Crime Analysis 183
2. VIRGINIA NIBRS DATA
Virginia is still in the developmental stages of establishing the
NIBRS.
The data for the current analysis were provided by the Virginia
State Police
(VSP) and include 133 (48.9%) certified NIBRS agencies out of
272 total
agencies in Virginia. As with most U.S. localities reporting
NIBRS data in
1997, the Virginia localities are heavily skewed toward rural
and small
agencies. The VSP certifies local law enforcement agencies for
NIBRS com-
pliance, which then submit their NIBRS data on a monthly
basis. The VSP
check the reliability of the local reporting prior to submitting
the data to
the FBI’s Uniform Crime Reporting Section. The data for this
analysis are
the same data the VSP submits to the FBI.
For the current project the data were structured to allow for
multiple
unit analysis within one file. The data include all incidents in
which a nar-
cotics-related offense was charged, even if the narcotics-related
offense was
not the most serious offense in the incident.4 For example, in an
incident
involving a motor vehicle theft and a narcotics possession
offense, the motor
vehicle theft would be reported as the most serious offense in
the incident.
Further selections were made to limit the analysis to all
narcotics (except
marijuana) offenses where the type of drug was known. In
addition, we
limited the analysis to criminal acts of sellydistribute and
possess. The link-
ages between the various NIBRS segments provide detail on
drug type,
criminal act (sellydistribute or possess); and drug quantity
(including how
the quantity is measured), as well as other offenses that might
be involved
in the incident such as weapon offenses or theft. To minimize
problems with
compliance and sampling frames, only agencies certified to
report NIBRS
data on or before January 1, 1997, and reporting data for all 12
months of
1997 were selected. In all, 57 local agencies met these criteria.
To provide
focus for our discussion we selected four localities, three of
which appear
to have emerging or ongoing problems with narcotics offenses.
It is important to emphasize that the Virginia localities
represented in
the present study are skewed heavily toward rural and small
agencies. This
can have a significant impact on the ability to generalize the
outcomes of
any analysis to larger populations. Moreover, although actual
data are used,
differences in sampling frames and levels of compliance
significantly limit
the ability to draw firm conclusions from the results. As such,
any results
drawn from this analysis must be viewed as preliminary. The
intent was to
examine the use of the NIBRS for strategic crime analysis, not
draw statisti-
cal inferences from the data. In light of these caveats, the names
of the
communities represented in this study have not been provided in
an effort
4Seriousness of the offense is based upon the FBI’s UCR
offense hierarchical rule as specified
in the Uniform Crime Reporting Handbook (1991).
Faggiani and McLaughlin184
to prevent the misinterpretation of these preliminary results or
embarrass-
ment to the locality.
3. TACTICAL CRIME ANALYSIS
Crime analysis techniques which help investigators identify
patterns of
crime over time and location are extremely useful. Tactical
crime analysis
can provide investigators extensive detail on offenses occurring
in specific
areas at specific times. At the local agency level tactical
planning can be
enhanced significantly through effective utilization of NIBRS
data. Com-
parison of incident and arrest rates for specific patterns of
offending has the
potential to reveal emerging patterns or trends. Moreover, the
use of the
NIBRS for surveillance purposes affords the opportunity for
routine moni-
toring of local conditions. Any departure from established
‘‘baseline’’ con-
ditions might serve as an effective early warning system for
local law
enforcement. Consequently, the ability to monitor and anticipate
local and
regional changes in patterns of offending provides local law
enforcement
the opportunity to engage in proactive prevention strategies
rather than the
reactive strategies often required. Analysis of arrest rates also
provides the
opportunity to compare and contrast local law enforcement
strategies
between communities, a strategy that can be useful to
multijurisdictional or
regional drug task forces. Patterns of offending open to
‘‘franchising’’ in
rural communities may be effectively monitored and, perhaps,
anticipated
through NIBRS data.
Comparison of incident to arrest rates may provide insight into
factors
including local tolerance for certain patterns of offending. For
example,
high arrest rates for narcotics-related offenses may suggest an
emerging drug
problem. On the other hand, high arrest rates may indicate a low
tolerance
for substance use in the community. This information coupled
with street-
level intelligence may yield insight into the relative
attractiveness of a com-
munity to criminal enterprise. Communities with high levels of
known nar-
cotics activity but low overall arrest rates may indicate a degree
of tolerance
for certain patterns of offending. Differences in aggressiveness
of law
enforcement may make certain communities particularly
attractive to
offenders. Communities not responding to patterns of offending
with
aggressive sanctions may appear as open territory to offenders.
NIBRS data provide the ability to analyze specific types of
offending
not previously possible with the aggregate data provided
through UCR
reports. For example, distinguishing narcotics possession from
saleydistri-
bution offenses (possible with the NIBRS) significantly
enhances surveil-
lance. Differences in the rates of these types of offenses may
have very
different implications for the community. High rates of
possession offenses
Using the NIBRS for Strategic Crime Analysis 185
compared to saleydistribution offenses may indicate differential
disposition
of cases or community tolerance. On the other hand, it may
suggest local
interest in a certain drug or an increased preference for a
particular pattern
of substance use. In response to changes in demand, local users
may estab-
lish a distribution network to meet their needs. The community
also may
become attractive to larger distributors from outside the area.
Therefore,
increases in possession offenses may foretell the creation of
new drug mar-
kets or precede the establishment of an illegal distribution
network, either
from within or outside the community.
Conversely, high rates of selling with respect to possession
offenses may
reflect local discretion, suggesting harsh sanctions or ‘‘zero
tolerance’’ for
drugs in the community. These findings also may indicate that
this com-
munity serves as a local distribution center for the surrounding
localities. A
large increase in saleydistribution incidents may suggest the
targeting of a
community by drug sellers or the attempt to create a new
market. Knowl-
edge of offender characteristics may enhance the ability to track
and moni-
tor these individuals, suggest the source of the drugs (e.g., high
school
students), or indicate the involvement of outside criminal
enterprises. Analy-
sis of the relative quantities seized would provide local analysts
the oppor-
tunity to answer many of these questions while plotting and
anticipating
local trends.
Analysis of local data in conjunction with data from
surrounding com-
munities provides localities the opportunity to analyze trends
and patterns
that extend beyond their jurisdiction. Offenders and criminal
enterprises are
not constrained by the same jurisdictional lines that constrain
law enforce-
ment. Therefore techniques that permit the expansion of
criminal intelli-
gence beyond jurisdictional lines may be critical to the effective
identification, monitoring, and apprehension of these
individuals and
groups. In addition, relative differences in criminal activity will
provide
localities the opportunity to compare their crime rates. Lower
rates may
suggest effective law enforcement techniques that could be
shared with
neighboring communities. Communities with higher rates could
examine
what makes their community attractive to this pattern of
offending. Again,
the identification of outside criminal elements could cause a
locality to
examine what makes their community attractive to outside
criminal
elements.
4. ANNOTATED EXAMPLE
As an illustration of how NIBRS data might be used to evaluate
local
trends in narcotics-related offenses, offense data from four
communities
within the Commonwealth of Virginia have been compiled.
Analysis of
Faggiani and McLaughlin186
Table I. SaleyDistribution and Possession of Narcotics by
Locality
Possession Sale
incidents Possession incidents Sale
Community Populationa (% total) rateb (% total) ratec Total
A 17,890 18 100.6 34 190.1 52
(35%) (65%)
B 88,300 37 41.9 2 2.3 39
(95%) (5%)
C 22,800 39 140.4 94 416.7 133
(29.3%) (70.7%)
D 34,000 294 850.0 151 423.5 445
(66.1%) (33.9%)
aPopulation data are 1997 estimates provided by the Weldon
Cooper Center for Public Service,
University of Virginia.
bSale and possession rates are per 100,000 population.
these data reveals areas where additional qualitative intelligence
on local
criminal activity is not only useful, but essential in the analysis
of these
incident-based data.
Table I shows the 1997 narcotics5 sale and possession rates for
four
localities in Virginia. The offender is the unit of analysis and
the data
include all offenders identified in all incidents in which a
narcotics sale andy
or possession offense was charged. The narcotics offense may
not have been
the most serious offense or the only offense and the offender
may or may
not have been arrested. Review of the narcotics offenses in
Table I revealed
large differences in incidents rates between communities. For
example, com-
parison of the per capita rates for communities A and B
suggested a large
difference in narcotics-related offenses. Further analysis of the
data, possible
with NIBRS, revealed qualitative differences in the type of
offending. In
community A, the preponderance of incidents was for the
saleydistribution
of narcotics, while the majority of incidents in community B
were for pos-
session offenses.
The differences in incident rates may be interpreted in at least
two
ways. As described above, an increased incident rate for
narcotics-related
offenses may be suggestive of an established or emerging drug
problem in
the community. Conversely, an increased rate may indicate
aggressive polic-
ing or diminished community tolerance for substance use andyor
drug sell-
ing in the community. Knowledge of the data at the community
level would
provide further insight into the meaning behind the numbers.
5For the purposes of this analysis we operationalize narcotics as
crack cocaine, powder cocaine,
heroin, and all other illegal hallucinogens, stimulants, and
designer drugs. Marijuana and
other cannabinoids (e.g., hashish) are not included.
Using the NIBRS for Strategic Crime Analysis 187
Table II. Drug Type by Activity and Locality
Activity
Sell, distribute,
Community Type of drug manufacture Possession Total
C Crack cocaine
Number 43 14 57
(% total) (45.7%) (35.9%) (42.9%)
Cocaine
Number 50 13 63
(% total) (53.2%) (33.3%) (47.4%)
Heroin
Number 2 2
(% total) (5.1%) (1.5%)
Othera
Number 1 10 11
(% total) (1.1%) (25.7%) (8.2%)
D Crack cocaine
Number 144 291 435
(% total) (95.4%) (99.0%) (97.8%)
Cocaine
Number 2 2
(% total) (0.7%) (0.4%)
Heroin
Number 7 1 8
(% total) (4.6%) (0.3%) (1.8%)
Othera
Number
(% total)
aIncludes hallucinogens, stimulants, and designer drugs.
Localities C and D both appear to have very high overall
offender rates
for narcotics offenses. However, locality C reported an
extraordinarily high
per capita rate for saleydistribution incidents (416.7) and a
much lower rate
for possession incidents (140.4). Locality D, on the other hand,
has a very
high total rate but the pattern of sale (423.5) vs possession
(850.0) is
opposite that of agency C.
Analysis of the NIBRS data for agencies C and D provides
further
insight into the problems in these communities. Table II
provides a break-
down on the drug types involved in the incidents for these two
localities. As
in Table I, in Table II the offender is the unit of analysis. Table
II shows
that narcotics-related offenses in locality D are almost
exclusively crack
cocaine-related offenses. Locality C, on the other hand, shows a
different
pattern. Narcotics-related offenses are almost evenly split
between powder
cocaine and crack cocaine. Other narcotics offenses represent
only a small
Faggiani and McLaughlin188
overall percentage of the offenders in both localities. However,
this is one
area that should be followed closely, as many of the larger
cities in the
United States are beginning to report increases in their heroin
markets.
Although relatively small, the number of offenders charged with
the sale or
distribution of heroin in locality D may be an indication of a
small but
possibly emerging heroin distribution market. On the other
hand, locality
C does not appear, at least in 1997, to have a problem with the
sale or
distribution of heroin.
Unlike the standard UCR program, NIBRS provides detailed
infor-
mation on the incident. Traditional research on narcotics
offenses at the
community level has been limited to the FBI’s UCR summary
level data.
Detailed information on narcotics sale and distribution
generally has come
from extensive research efforts such as Goldstein (1985), where
specific
information is gathered for limited areas within large cities.
NIBRS offers
crime analysts and researchers the opportunity to expand their
knowledge
of drug offenses as well for a wide range of other offenses.
Additional analysis using UCR6 data for these two communities
shows
that locality D experienced significant increases in violent
crime beginning
in the late 1980’s. By 1994 the locality’s violent crime rate
began to decline.
Locality C had a low violent crime rate throughout the 1980’s.
Around 1990
the crime rate in community C began to increase. By 1997 the
violent crime
rate in community C was 171% higher than the 1987 level. The
nexus
between violent crime and drugs has been explored elsewhere
(e.g.,
Goldstein et al., 1992). The intent here is to provide a context
for the differ-
ences between the sale and possession rates reported by
agencies C and D.
Locality D had an emerging drug and violence problem in the
late
1980s. However, the 1997 NIBRS data for this community
reports an over-
all clearance rate7 of 76% for incidents involving a narcotics
offense that
are known to the police. The numbers reported for 1997 would
be consistent
with a community that is coming to grips with a serious
problem. Overall
the community appears less tolerant of both drugs and violence
and it may
be paying off with higher arrest rates for drug offenses and an
overall lower
violent crime rate.
UCR data show that community C has had an ongoing problem
with
narcotics-related arrests dating back to the mid-1980s, while
their violent
crime rate was relatively low throughout the 1980s. Around
1991, however,
community C began to show a steady increase in reported
violent crime that
6It is not our intent to conduct a comparison between the UCR
summary data and NIBRS
data. UCR data are used to provide background for the analysis.
7For the purposes of this discussion, a clearance is any incident
involving a narcotics offense
in which there was at least one arrest.
Using the NIBRS for Strategic Crime Analysis 189
has continued through 1997. Relative to the clearance rate for
locality D,
locality C’s 1997 narcotics-related incident clearance rate is
low. The ques-
tion becomes are the low arrest rate and high rates for sale of
narcotics a
sign of an emerging or ongoing problem. The pattern of
increasing violent
crime and low arrest rates for sale of narcotics may indicate that
the com-
munity has become the target for expansion by outside drug
dealers.
The intent of the above scenario is to provide an example of
how the
NIBRS would be useful for tactical crime analysis. The
knowledge of crime
patterns and trends that can be extracted from a NIBRS data
system can
prove beneficial to all law enforcement agencies. However, the
NIBRS can
provide information only on patterns of criminal activity. The
NIBRS can
provide a great deal more information on each of the narcotics
incidents in
this analysis. For example, 41% of the crack cocaine arrests in
community
D were at a residence, compared to 57% of the arrests in
community C. It
is also possible to determine the time of day and day of the
week when the
offenses occurred. Additional analysis on the part of local law
enforcement
will be necessary to answer the questions and find solutions.
The key is
that the NIBRS provides an opportunity for strategic crime
analysis that
heretofore was unavailable.
In summary, effective utilization of NIBRS data can enhance
signifi-
cantly tactical crime analysis and planning at the local level.
Analysis of
specific patterns of offending, and comparison and contrast of
incident and
arrest rates within as well as across jurisdictions, affords the
opportunity to
effectively monitor and anticipate local and regional trends.
This approach
permits the evaluation of local law enforcement strategies and
provides the
opportunity to initiate proactive crime prevention strategies.
5. CRIMINAL INVESTIGATIVE ANALYSIS
Block’s (1993) research on homicides has shown that the risk of
becom-
ing a victim and the risk of being an offender can vary by
demographic
groups, location, time, and type of homicide. The NIBRS offers
the oppor-
tunity to identify the victim, offender, and interaction risk
levels for all
offenses reported to the FBI.
One of the primary advantages of NIBRS is that each incident
can be
analyzed independently, and interactions between hierarchical
units within
the data set can be analyzed with linkages between the different
units. For
example, these linkages allow the victim to be linked to the
offenders and
the offenders to the offenses. The ability to establish these
linkages between
victim, offender, and offense is critical to analyzing criminal
events and
behavior within the context of larger trends. This becomes
important when
defining profiles of victim or offender types, and when
examining victim–
Faggiani and McLaughlin190
offender relationships. This feature can be used to identify
particularly vul-
nerable segments of the community, establish victim risk, and
track serial
crime. Again, the ability to cross jurisdictional boundaries with
this
approach may enhance the ability to track offenders and analyze
crimes not
constrained by the same boundaries imposed on law
enforcement.
6. SUMMARY AND CONCLUSIONS
The NIBRS represents an exciting opportunity for researchers
and
practitioners to interact through the use of a common tool. The
wealth of
detail available in the NIBRS will permit scientists and
practitioners to
interact and exchange information through a common medium.
The struc-
ture provided by a common NIBRS data system also transcends
the needs
of the local agency, permitting neighboring communities the
opportunity
to compare like information on emerging crime patterns and on
criminal
enterprises which extend beyond local boundaries. Access to
data from
neighboring communities would permit agencies to cross
jurisdictional lines
with respect to intelligence without requiring complicated
interagency agree-
ments for collaboration. Data from neighboring communities
could then be
used to follow, as well as anticipate, trends. The NIBRS will
also be an
important tool for providing policy-relevant information across
jurisdic-
tions and across levels of government, giving police
administrators as well
as state planners the ability to develop or redirect policies.
Promoting local
participation by highlighting the strategic utility of the data to
local law
enforcement will ultimately enhance the quality of the data,
which can then
be employed by larger entities (e.g., counties, states and
multijurisdictional
task forces) for policy development and planning.
Unfortunately, as the BJSyFBI report (1997) indicates, state and
local
officials envision limited utility of the NIBRS data for local law
enforce-
ment. However, accurate data collection from this same group is
essential to
effective implementation of the NIBRS system. In light of this
discrepancy,
perhaps the true challenge to NIBRS lies in promoting the
collaboration
and alliance with local law enforcement or the provision of
incentives for
accurate and complete compliance with the data collection
requirements.
These incentives may be limited to a description of the tactical
crime
analysis functions embedded within the data set or may extend
to include
the availability of analysis programs andyor technical assistance
for front-
line users. The NIBRS represents a huge advancement over
existing
reporting systems and possesses considerable utility to frontline
law enforce-
ment with respect to tactical crime analysis. A brief description
of the
advantages of the NIBRS and their relation to tactical crime
analysis may
Using the NIBRS for Strategic Crime Analysis 191
be sufficient to effect compliant data collection. Development
of a user-
friendly interface which could be utilized by an investigator in
the field to
access NIBRS data would facilitate the development of local
crime preven-
tion strategies and may also be useful in case investigations.
These potential
benefits are well within the realm of NIBRS capabilities and
would be par-
ticularly useful to smaller jurisdictions that lack crime analysis
capabilities.
The availability of technical support from those familiar with
and using
the NIBRS database would further enhance the ability of a
community to
utilize the data effectively. The opportunity to utilize a common
data set
and interact with the individuals who have firsthand knowledge
of the
crimes and trends included in the data may be an invaluable
resource for
researchers and analysts using NIBRS data for research
purposes. Regard-
less of the form, however, the provision of incentives may
represent the
difference between the type of data set resulting from
mandatory com-
pliance or an ‘‘enhanced’’ compliance where the data are
collected and
meticulously maintained by the frontline user who has a vested
interest in
the success of the product.
REFERENCES
Block, C. R. (1993). Organizing a dataset to support analysis of
multiple units: Victim, incident
and offender risk. In Block, C. R., and Block, R. L. (eds.),
Questions and Answers in
Lethal and Non-lethal Violence, National Institute of Justice,
Washington, DC, pp. 209–
212.
Bureau of Justice Statistics (1997). Implementing the National
Incident-Based Reporting System:
A Project Status Report, Government Printing Office,
Washington, DC.
Federal Bureau of Investigation (1991). Uniform Crime
Reporting Handbook, FBI, Washington,
DC.
Goldstein, P. J. (1985). The drugsyviolence nexus: A tripartite
conceptual framework. J. Drug
Issues 15: 493–506.
Goldstein, P. J., Brownstein, H. H., and Ryan, P. J. (1992).
Drug-related homicide in New
York: 1984 and 1988. Crime Delinq. 38(4): 459–476.
Maltz, M. D., Gordon, A. C., and Friedman, W. (1991).
Mapping Crime in Its Community
Setting: Event Geography Analysis, Springer-Verlag, New
York.
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263
Journal of Contemporary
Criminal Justice
Volume 24 Number 3
August 2008 263-273
© 2008 Sage Publications
10.1177/1043986208318225
http://ccj.sagepub.com
hosted at
http://online.sagepub.com
Risk Assessment in Organized
Crime
Developing a Market and Product-Based
Model to Determine Threat Levels
Jay S. Albanese
Virginia Commonwealth University, Richmond
The risk posed by organized crime is a central concern of
governments around the world.
The infiltration and control of legal and illegal markets and
products is a major concern
in nearly every country. New agencies and initiatives are under
way in the United
Kingdom, Canada, New Zealand, Belgium, and elsewhere, with
the specific purpose to
better predict and detect organized crime activity. This article
proposes a model to assess
the risk of organized crime. It employs a different unit of
analysis from most current
models, focusing on illicit markets rather than groups, and it
offers a practical alterna-
tive for determining the presence of organized crime in areas
that may or may not have
a history of organized crime involvement.
Keywords: organized crime; risk assessment; prediction; illicit
markets; threat assess-
ment; criminal markets
Definition of Organized Crime
It is important to be clear about what we mean by organized
crime. Too often, dis-
cussions of organized crime lack focus because it is not clear
what precisely is being
talked about. Definitions of organized crime have been offered
by a wide variety of
authors and researchers over the years, and an analysis of those
definitions is presented
in Table 1. It can be seen from Table 1 that authors have
identified 11 different char-
acteristics of organized crime in their definitions. When these
are broken down,
however, it is seen that 5 characteristics are most typical:
organized continuing hier-
archy, rational profit through crime, use of force or threat,
corruption of public officials
for immunity, and public demand for services. There seems to
be less consensus
about whether organized crime holds a monopoly over particular
markets, has
restricted membership, is nonideological, specializes in certain
activities, has a code
of secrecy, or engages in extensive planning of its activities.
A definition based on the consensus of these authors (see Table
1) would read,
“Organized crime is a continuing criminal enterprise that
rationally works to profit
from illicit activities that are often in great public demand. Its
continuing existence is
maintained through the use of force, threats, monopoly control,
and/or the corruption
264 Journal of Contemporary Criminal Justice
of public officials” (Albanese, 2007, p. 4). The precise size of
the enterprise or group
is not important to the definition; two persons are the minimum
required to engage
in a criminal conspiracy, so any group of two or larger suffices.
Organized crime can be described either by the activities it
engages in or by the
groups involved. Continuing criminal conspiracies that
constitute organized crime
require insiders and outsiders to connect suppliers with
customers and also to protect
the enterprise from law enforcement. Therefore, organized
crime groups need to obtain
the product (e.g., drugs, stolen property) and make it easily
available to customers
(e.g., movement from source to destination) while obtaining
some “insurance” when
members are caught or convicted (e.g., the need for corruption
of public officials to
protect the enterprise from disruption). All successful organized
crime groups require
these elements to survive and make a profit.
The Risk of Organized Crime
Determining the risk of organized crime requires specific local
assessments rather
than global judgments. To say that organized crime is a problem
in the United States,
for example, is too broad a statement to be useful because it
overlooks the huge vari-
ations within the country (i.e., some locations have no
organized crime problem,
whereas other locations within the country have serious
organized crime problems).
Global assessments of organized crime abound: “Transnational
organized crime
continues to grow in the absence of a comprehensive, integrated
global counter strat-
egy. . . . There are more slaves in the world now than at the
highest point of the African
slave trade” (World Federation of United Nations Associations,
2007). More than $1
trillion is paid each year in political bribes (World Bank
Institute, 2007). Global
Table 1
Definitions of Organized Crime in the Literature
Characteristic Number of Authors
Organized hierarchy continuing 16
Rational profit through crime 13
Use of force or threat 12
Corruption of public officials to maintain immunity 11
Public demand for services 7
Monopoly over particular market 6
Restricted membership 4
Nonideological 4
Specialization 3
Code of secrecy 3
Source: Albanese (2007).
assessments like these are useful in drawing attention to the
problem, but they are
not useful in assessing the risk or threat in a particular location.
To accomplish this,
more precise information at the local level is required.
Most risk or threat assessments in organized crime have focused
on groups. These
assessments are often carried by law enforcement agencies to
determine which
groups are at highest risk or pose the greatest threat. The
methods used to determine
risk involve identifying the universe of known crime groups in
the country and then
ranking them by their attributes and potential seriousness.
Sample attributes used in
these assessments include violence, corruption, infiltration,
sophistication, discipline,
insulation, stability, and group cohesiveness (Royal Canadian
Mounted Police, 2006;
Serious Organized Crime Agency, 2007).
In a similar way, the Federal Bureau of Investigation’s
Organized Crime Section
at FBI Headquarters is divided into three units, which are
focused on Italian American
organized crime, Eurasian/Middle Eastern Organized Crime, and
Asian and African
criminal enterprises (Federal Bureau of Investigation, 2008).
This illustrates a primary
focus on crime groups as a focal point for attention to organized
crime. Table 2 is
excerpted from a Canadian threat assessment. It illustrates that
threat assessment is
carried out by law enforcement agencies to target individuals
and groups determined
to pose the highest risk. This selection of “groups” as the
criterion to be predicted is
based on the premise that law enforcement agencies place
apprehension of criminals
as the central part of their mission. Experience shows, however,
that apprehension of
organized crime figures usually does not eliminate the group—
which recruits new
members or promotes existing members after a successful
prosecution (Organized
Contraband Smuggling, 2000; President’s Commission on
Organized Crime, 1987).
The expectation that prosecution of individuals involved in
organized crime groups
will affect the operation of the group and also affect the illegal
market for the illicit
products in question is problematic. Successful prosecutions of
organized crime
figures affect groups for only a short period because the
customer demand for the
illegal products or services is not diminished by a prosecution,
so existing or new
groups continue to exploit these illicit markets.
High-Risk Activities Versus High-Risk Groups
A focus on organized crime activities rather than groups is
useful for purposes of
assessment and analysis to produce an objective basis for
investigative priorities and
targets. Three categories of organized crime can be identified:
provision of illicit
services, provision of illicit goods, and infiltration of legitimate
business (Albanese,
2007). Provision of illicit services involves money, sex, and
gambling outside legit-
imate avenues (i.e., loan-sharking, prostitution and
pornography, and illegal gambling).
Provision of illicit goods includes drug trafficking or the
buying, selling, or distribution
Albanese / Risk Assessment in Organized Crime 265
of stolen property. Infiltration of legitimate business involves
coercive use of legal busi-
nesses to exploit them for profit or use them for money
laundering.
This three-part typology of organized crime can be subdivided
further into specific
offenses of concern to law enforcement agencies and the general
public. Summarized
in Table 3, it can be seen that the provision of illicit services
entails the offenses of
commercialized sex (prostitution or pornography), illegal
gambling, human trafficking,
and subcontracting to others (to provide services such as illicit
dumping of waste,
trafficking in human organs or protected animal species, or
murder for hire). The
provision of illicit goods includes the offenses of drug
trafficking, property theft
(e.g., automobiles, clothing, art), and counterfeiting (e.g.,
identity documents, software,
DVDs, CDs, weapons). The infiltration of business involves
extortion of business
owners, racketeering (ongoing criminal enterprises which
“front” for illegal activity),
money laundering, and fraud (e.g., investment fraud, Internet
phishing, and smuggling
of goods).
Table 3 suggests that much of organized crime can be grouped
into 1 of 10 dif-
ferent categories of offenses. Of course, manifestations of these
criminal behaviors
can change over time, but the underlying conduct is remarkably
stable. Consider
Table 4, which compares “traditional” with “modern” forms of
organized crime
266 Journal of Contemporary Criminal Justice
Table 2
Findings From 2006 Canada/U.S. Organized Crime Threat
Assessment
Asian organized crime groups are distinguished by a high level
of criminal entrepreneurship. They use
both personal relationships and specific business and
technological skills to maximize profit.
Asian organized crime is active throughout Canada and the
United States, from major metropolitan
areas and their suburbs to isolated rural communities.
During the past decade, preexisting underground economies of
the former Soviet Union and its satellite
states have transformed into fully realized transnational
organized crime syndicates.
Increasingly, Russian organized crime is characterized by fluid,
cellular-type structures. Senior
members/associates of Russian criminal groups appear to
recognize and accept the hegemony of a
single criminal authority who plays an important role in dispute
resolution, decision making, and the
administration of criminal funds.
Italian organized crime/La Cosa Nostra is the most mature form
of organized crime in both Canada and
the United States. Its ability to form alliances with and co-opt
other organized crime groups gives it
global influence.
In both Canada and the United States, Italian organized
crime/La Cosa Nostra is distinguished by its
strict, vertically integrated, hierarchical structure. The resulting
discipline and efficiency permit these
groups to focus resources and maximize profit.
African criminal enterprises are engaged in a variety of low- to
mid-level criminal activities that include
a number of financial fraud schemes.
Albanian criminal groups are engaged in a range of cross-border
criminal activity, including drug smug
gling and money laundering.
Source: Royal Canadian Mounted Police. “Strategic Priority:
Organized Crime 2006 Canada/US Organized
Crime Threat Assessment” http://www.rcmp-
grc.gc.ca/organizedcrime/octa_e.htm Royal Canadian Mounted
Police, 2007. Reproduced with the permission of the Minister of
Public Works and Government Services, 2008.
activity. It can be seen that the modern forms are simply newer
versions of older kinds
of criminal conduct that have changed due to opportunity,
technology, and likelihood
of apprehension. Therefore, the number of underlying organized
crime activities does
not appear to change significantly over time, although the
specific manifestations of
those crimes shift to account for broader social changes.
When we think of risk assessment, the fundamental question to
be answered is
“risk of what?” Tables 3 and 4 illustrate that we can identify in
specific terms the
particular organized crime risks we wish to target. This is a
departure from most risk
prediction and assessment efforts to date, which focus on crime
groups rather than
the products or markets that constitute the focus of organized
crime activity.
There has not been much effort to explain organized crime’s
choices of particular
criminal activities. Why is drug trafficking chosen over
cigarette trafficking, or human
trafficking engaged in versus trafficking in endangered species?
One approach to this
question focuses on routine activities or situational crime
prevention. This perspective
concentrates on criminal settings (environments conducive to
organized crime activ-
ity) rather than on the motivations of individuals or groups of
people. Because much
organized crime activity depends on transactions in public and
semipublic places
(e.g., selling drugs, stolen property), better surveillance and
control of these settings
would reduce the opportunity for small-time organized crimes,
which would affect
Albanese / Risk Assessment in Organized Crime 267
Table 3
Specific Offenses That Constitute Organized Crime
Provision of Illicit Services Provision of Illicit Goods
Infiltration of Business
Commercialized sex activity Drug trafficking Extortion and
racketeering
Illegal gambling Stolen property Money laundering
Human trafficking Counterfeiting (identity documents, Fraud
(investment fraud,
Subcontracted services: dumping, software, DVDs, CDs,
weapons) phishing, smuggling)
trafficking in protected species,
human organs, murder for hire
Table 4
Shifts in Organized Crime Activity Over Time
Original Activity Modern Version
Local numbers and lottery gambling Internet gambling at
international sites
Heroin, cocaine trafficking Synthetic drugs (less vulnerable to
supply problems)
Street prostitution Internet prostitution and trafficking in human
beings
Extortion of local businesses for protection Extortion of
corporations, kidnappings
Loan-sharking Money laundering, precious stones, commodities
Fencing stolen property Theft of intellectual property
larger organized crime operations, according to this view
(Felson, 2006). The routine
activities approach has not been systematically applied to
organized crime, however,
so it is not clear whether a focus on criminal settings, and the
exclusion of individual
motivation, would effectively prevent large-scale organized
crime activity.
Risk Assessment in Criminal Justice Settings
Risk assessment is not easy, because criminal conduct remains a
relatively rare
event. The less common an event, the harder it is to forecast or
predict effectively.
Therefore, it is easier to predict automobile accidents than it is
to predict incidents
of organized crime. In the biological sciences, where many
well-known diseases are
in fact rare, it is difficult to predict diseases such as prostate
cancer or breast cancer
in an individual patient. However, it is possible to determine
broader risk levels
among groups by scrutinizing common factors among known
victims of the disease
and comparing them with nonvictims. It is this basic strategy of
science that helped
to identify factors such as cigarette smoking, obesity, and lack
of exercise to increase
risk for a number of serious diseases. Indeed, it has been found
that in general, people
themselves are not at high risk; it is their activities that place
them at high risk
(Kravitz, 2007; Ortega, Ruiz, & Sjostrom, 2007).
In criminology, the approach should be similar. We cannot
predict very well who
will become a criminal or which precise offense or victim will
be chosen in a given
case. However, a close examination of known cases of
offenders, crimes, and victims
can be compared with nonoffenders, crime-free activities, and
nonvictims to assess
their comparative risk levels. Therefore, the purpose of risk
assessment and prediction
in criminal justice is the same as it is in natural science: to
determine comparative
risk levels of different activities so that resources can be
focused on those activities
that pose the highest risk. A great deal of useful research has
been produced that
shows the utility of risk levels to determine intensity of
probation supervision, the
factors important in determining parole release guidelines, and
sentencing guidelines
in criminal justice (Davies & Dedel, 2006; Kleiman, Ostrom, &
Cheesman, 2007;
Langton, 2006; Sims & Jones, 1997).
Research in criminal justice risk assessment has been consistent
in that very few
variables account for most of the risk; the addition of more
factors does not add to
predictive efficiency. Although our ability to predict the
behavior of individuals is
poor, our ability to distinguish risk levels among and within
groups is much better
(Farrington & Tarling, 1985; Gottfredson & Tonry, 1988). Here,
we wish to assess
comparative risk levels of criminal activities and illicit markets.
The assumption is
that if we properly assess and rank these illicit markets and
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
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Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx
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Running head THE ROLE OF QUESTIONS IN SOLVING CRIMES 1The Ro.docx

  • 1. Running head: THE ROLE OF QUESTIONS IN SOLVING CRIMES 1 The Role of Questions in Solving Crimes6 The Role of Questions in Solving Crimes Michael D Sheppard Prof. Jon Hager 11 March 2020 The Role of Questions in Solving Crimes Introduction It appears like something out of a horror movie when you get to your car and see your tires slashed. It is not only scary but also inconvenient because it is costly to replace tires, especially when it is all four. Most people wonder what to do when they find their tires slashed. However, this crime is an easy way of acquiring revenge or random vandalism without leaving much evidence. Therefore, the questions below will assist you in determining what to do after someone has slashed your tires. 1. Why do people slash tires? Slashing tires is a way of obtaining revenge without leaving much evidence. However, most people would consider it cowardice because the individuals doing it are angry at the victim but do not dare to face them. The theory of social deviance can also be used to explain this act of vandalism. Tire slashing is considered a deviant behavior because these people are inept at life and only want to violate social norms. They are incapable of doing anything meaningful with their lives, and so
  • 2. they destroy things to make their presence felt. The more psychological evaluation should be done to determine why people slash tires. 2. How can you tell if someone slashed your tires with a knife? There are numerous varieties of knives, but the most commonly used to slash tires are the lock blade pocket knives and the chef knife. Arguably, these two types of knives are not double- edged. Therefore, they leave diamond-shaped holes, which leave the puncture in an acute-triangle. 3. How can you determine if the tire has been intentionally damaged or it is an ordinary blowout? Tires that have been blown out are ragged and uneven. If the tire has been messed with, it is easy to see the even cut marks. Forensically, the pocketknives leave distinctive marks that can be proven. The knives are standard and leave a deliberate incident. Individuals can find out more about this question by contacting an experienced tire retailer. If the technician believes the tire has been tampered with, then you should file a police report. 4. What should you do when your car tires are slashed? Most people assume slashing tires is just another inept criminal damaging their property and end up fixing them. However, you should talk to your neighbors to determine if it's a common occurrence and if they have seen the culprit. Often, the individuals who do this are people you know. Even if you recognize the individual, the police cannot deal with the issue without evidence of the crime. Therefore, search for camera footage around your area or catch them in the act. 5. How serious of a crime is it to slash tires? Slashing people's tires is a simple crime of destruction of property. Most people found guilty of this misdemeanor vandalism only have to pay fines and then released on probation (Jones, 2019). 6. Can you face jail time for slashing tires? The amount of jail time relies on the value of the damaged vehicle. In some countries, the punishment for the destruction
  • 3. of tires worth over $1000 is about five years in prison. If the tires are less than that value, the accused can face up to a year in jail. New answers to this question can be obtained by contacting criminal defense attorneys (Banner, 2019). 7. Is it a crime to pay someone to slash other individuals' tires for you? I believe it is a crime, but details will differ depending on the law systems. In the United States, for instance, a contract formulated that includes an illegal activity is not enforceable (Gambardello, 2019). For example, when someone slashes tires on your behalf, and you refuse to pay them, there is no legal recourse that can hold you to the agreement. Nonetheless, when you pay them for their service, it will incriminate you. 8. Can you file a claim after your tires are slashed? If your car is intentionally damaged by slashing the tires, you must file a personal injury claim to cover the damage. The best way to do so is to initially register a police report within 24 hours and then contact a professional injury attorney to assess the damage (Gambardello, 2019). You can take pictures and video footage of the vandalism for additional evidence. 9. Why do criminals only slash three tires? Criminals only slash three tires because the insurance companies are forced to pay when all four are cut (Gambardello, 2019). When only three are slashed, the owners have to pay out of their own pockets. Most victims are not familiar with this information. Therefore, they must conduct sufficient research within their states before contacting their insurance provider. 10. How can you prevent individuals from slashing your tires? It is not easy to prevent others from slashing your tires, mostly because you park it outside or reside in a criminal-infested neighborhood. To prevent your tires from being cut in the future, find a secure and well-lit parking space. Secondly, you can install security cameras and motion sensors lighting around the house. Lastly, you can establish a neighborhood crime watch. Conclusion
  • 4. There are many reasons why individuals break the law. Some of the reasons include the opportunity, being in the right place at the right time, jealousy, or it can be just plain ole’ boredom. Regardless of the reason, there are a few crime theories as to why offences still occur. Byrne and Hummer, 2016 suggest four different types of crime theories, which are classically, biologically, psychologically, and sociologically based. Classically based criminologist is when an individual makes a conscious choice in committing crime based on the cost and benefits of the individual(s) (Byrne & Hummer, 2016). Biologically based criminologists is when inherited traits increase the occurrences of committing a crime because other family members committed crimes (Byrne & Hummer. For example, if the individual(s) saw family member slashing tires out of anger, they may do it as well out of anger. Psychologically based criminologists explain criminal behavior as a negative circumstance(s) in the individual’s youth that brought on a criminal thinking mindset. For example, if the individual(s) feels like there is no one in their corners, as an adolescent, they then may show out to attain attention and associate bad behavior with getting attention and will continue it as an adult. The last theory is sociologically based criminologists. Within this theory level, individuals feel conflicted to doing criminal activities because of factors that they feel constricted them from succeeding in life and look towards violence and criminal activities as a last resort and only result of succeeding in life Byrne &Hummer, 2016). References Banner, G. (2019, May 24). Arrest made in Gravenhurst tire slashing of 9 vehicles parked near bar. https://lopes.idm.oclc.org/login?url=https://search.ebscohost.co m/login.aspx?direct=true&db=edsgin&AN=edsgcl.586606424&s ite=eds-live&scope=site Byrne, J., & Hummer, D. (2016). An Examination of the Impact of Criminological Theory on Community Corrections Practice.
  • 5. In www.USCourts.gov. Retrieve from https://pdfs.semanticscholar.org/bc5e/1f37118c587f88253e8efb 784459ae6e4ede.pdf Gambardello, J. (2019). Police seek trio in tire slashing spree in West philadelphia. Philadelphia: Tribune Content Agency. https://lopes.idm.oclc.org/login?url=https://search.ebscohost.co m/login.aspx?direct=true&db=nfh&AN=2W6731577171&site=e ds-live&scope=site Jones, R. (2019, November 8). Crooks ruin 'more than 50 cars' in tyre slashing spree. https://lopes.idm.oclc.org/login?url=https://search.ebscohost.co m/login.aspx?direct=true&db=edsgin&AN=edsgcl.605092394&s ite=eds-live&scope=site 1190 Assignment Specifications 1190.16 35 Points Possible Content Criteria CURRENT INFORMATION ABOUT A FIELD I AM PURSUING 1) Which professional organization monitors entry into and current practice in the field you are pursuing? 2) When and where are the organization’s nation meetings generally held? 3) Does your profession’s organization maintain ethical polices for best practice of your field? 4) Is there a student branch/division of your profession’s organization?
  • 6. 5) Search for information about the profession’s current practices in our library’s card catalog. 6) Using paper-copy information: evaluate your sources – which are academic, which are from current professional organizations 7) Do a web search for the profession’s current practice information. 8) Do a web search for how to cite Internet sources in the format determined by the Modern Language Association (MLA). 9) Remember to cite your resources in the correct reference form. You will need citations for each of the resources that you used, both paper and Internet sources. (The book and your internet research will help) 10) Submit your research in paragraph format as 1190.16. Editing Criteria 1. Identify 2 correlative conjunctions in your submitted research by underlining them. 2. Identify 2 subordinating conjunctions in your submitted research by identifying them with underline andbold. 3. Identify 2 complex sentences in your submitted research in bold. 4. Identify 4 acronyms/abbreviations in your submitted research and correctly punctuate them. 5. Fragments, run-ons, and comma splices are edited into submission. 6. The writer has eliminated the use of the second person “you” in the writing of your essay and written up the research using
  • 7. third person. 7. Overall, there are fewer than five editing errors. Submission Criteria 1. The length of the essay is a minimum of 1 page, single- spaced when printed in 12 point New Times Roman Font. No spaces between the paragraphs or unnecessary spacing around the title. I may scan and reprint the essays if there is any doubt about the length of the essay. If an essay is less than the prescribed length, the grade will be shortened. Short essays lead to short grades. 2. The completed essay should have less than five editing errors. 3. The editing features are identified with underline and bold as requested. 4. The references for information which you took from web sources and hard copy has been identified both in the body of your essay and in the Work Cited 5. At the end of the essay, after the page minimum, the following questions are to be answered: a) What influenced you to select this topic? b) What assistance did you have in creating the essay? c) What assistance did you have in editing the essay? d) Do you state that the above answers are true? e) Are you aware that the consequence for dishonesty is a failing grade?
  • 8. Journal of Digital Forensics, Security and Law, Vol. 8(1) 73 TECHNOLOGY CORNER VISUALISING FORENSIC DATA: EVIDENCE (PART 1) Damian Schofield State University of New York Department of Computer Science [email protected] +1 (410) 504 3178 Ken Fowle Edith Cowan University School of Computer and Security Science [email protected] +61 (8) 9370 6013
  • 9. Keywords: Visualisation, Visualization, Evidence, Reconstruction, Digital Forensics, Computer Graphics, Forensic Animation, Guidelines. ABSTRACT Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example: network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an understanding of the subject matter.
  • 10. Visualisation represents information that has been digitally recorded (for example: pictures, video and sound), hand written and/or spoken data, to show what may have, could have, did happen or is believed to have happened. That is why visualising data is an important development in the analysis and investigation realms, as visualisation explores the accuracies, inconsistencies and discrepancies of the collected data and information. This paper introduces some of the various graphical techniques and technology used to display digital information in a courtroom. The advantages and disadvantages involved in the implementation of this technology are also mailto:[email protected] mailto:[email protected] Journal of Digital Forensics, Security and Law, Vol. 8(1) 74
  • 11. discussed. This paper is part one of a two part series that aims to describe the use of, and provide guidelines for, the use of graphical displays in courtrooms. 1. INTRODUCTION At the end of the 18th Century William Playfair, a Scottish inventor, introduced the line graph, bar chart and pie chart into statistics. He demonstrated how much could be learned if one plotted data graphically and looked for suggestive patterns to provide evidence for pursuing research. However, due to the novelty of the graphical forms, Playfair had to include extensive directions for the viewer informing them how to read the data visualised from the graphs and charts he created (Tufte 1997). Today these graphs (and many other more complex graphical representations) are a vital and everyday part of communication in science and technology, business, education and the mass media (Cleveland & McGill, 1984).
  • 12. Scientists and scholars have always used graphical techniques to describe, represent, and create knowledge. Traditionally, these techniques have focused on the communication of quantitative data and information (e.g., graphs and charts) although a variety of methods have also emerged to communicate more qualitative information including behavioral maps, and perspective renderings (Ramasubramanian and McNeil, 2004). The human visual system has the ability to interpret and comprehend pictures, video, and charts much faster than reading a description of the same material. The human brain performs some processing early in the chain of processing visual input; this process starts in the eyes. Hence, images are interpreted much faster than textual descriptions as the brain processes the visual input much earlier than textual input. This results in the human visual system’s ability to
  • 13. examine graphics in parallel, whereas humans can only process text serially (Teerlink and Erbacher, 2006). A visualisation is an image, diagram, graphic or animation representing data that is intended to give a better understanding of that data. There are many different visualisation areas, differing mostly by the domain of the visualised information. Examples include: mathematical & scientific visualisations (results from equations and formulas); product visualisation and three- dimensional design (images, photos or computer aided design software) and medical imaging (information and images from medical machines such as magnetic resonance imaging scanners). Visualisation, in its broadest sense, is a communicative process that relies on encoded meanings that can be transferred from creators and organizers of information to users and receivers of the same information (Shannon, 1948).
  • 14. Edward Tuft (1997) proposes that visualisation is as much an art as a science, where the processes of arranging data and information in order to achieve Journal of Digital Forensics, Security and Law, Vol. 8(1) 75 representation, communication, and explanation are consistent regardless of the nature of substantive content or the technologies used to display the information. Marty (2008) stated: “It is not just the expedited browsing capabilities that visualization has to offer, but often a visual representation—in contrast to a textual representation” 2. VISUAL EVIDENCE In a modern courtroom, the presentation of forensic evidence by an expert witness can bring about the need for arduous descriptions by lawyers and experts
  • 15. to get across the specific details of complicated scientific, spatial and temporal data. Within the realms of forensic science, the use of new technologies in order to gather, analyse and present evidence is of the utmost importance in the modern world. Better collection and analysis of evidence from a wide range of digital media can be achieved by the use of data from the devices of perpetrators, victims and witnesses involved in incidents. The devices which may provide additional evidence include mobile phones, PDAs, tablets, digital cameras, computers and closed-circuit TV. Recent terrorist event have highlighted these new forms of evidence as mobile phone images and video are collected from members of the public who were at the scene of an incident (Schofield, 2007). Digital visual evidence presentation systems (including digital displays, computer-generated graphical presentations and three-dimension simulations)
  • 16. have already been used in many jurisdictions. As courtrooms transform into multi-media, cinematic display environments, this has enormous implications for the legal processes taking place with them. One must ask whether the decisions made in these visual courtrooms are affected by the manner in which the evidence is presented, and in truth, no one really knows the answer to this important question. Gerald Lefcourt (2003), a criminal defence lawyer in New York, has made the following comments about members of the public who attend court: “These are people who by and large have grown up on television … The day of the lawyers droning on is really gone. I think that jurors today, particularly the young ones, expect quickness and things they can see.” Forensic visualisation methods for two specific areas (investigation and
  • 17. presentation) have a common thread; that is, that data visualisation is still relatively new within the forensic and evidential thematic area. There is further research required to establish an accepted framework of what visual is suitable and acceptable for investigation and presentation in relation to the target audience. Journal of Digital Forensics, Security and Law, Vol. 8(1) 76 3. WHY VISUALISE DATA There is a famous expression that “a picture paints a thousand words” but this epigram is only true if the viewer has some understanding of what is being presented and why it is being presented. The inability of the general public to understand William Playfair’s first graphs and charts is a prime example of this
  • 18. problem (Tufte 1997). Consider the image shown below (Figure 1) and its potential ability to confuse a viewer unfamiliar with the information types being visualised. Figure 1 Visual Representation of Computer Network Traffic (Wand n.d.) The image above shows computer network traffic in a graphical format, the data is captured from a live network interface, visualising the flow of network data between hosts, providing (at a glance) information about network usage. To a person trained in computer network traffic analysis the image has meaning and provides displays information but to a layperson it will require the provision of a detailed explanation. How information and data is viewed, interpreted and understood depends on what is presented, to whom it is presented and why it is being presented. Visualisations are only effective when the right
  • 19. kind of pictorial representation is chosen and can be manipulated to show useful information (Lowman, 2010). Many forensic disciplines are facing an ever-growing amount of data and information that needs to be analysed, processed, and communicated. Those who Journal of Digital Forensics, Security and Law, Vol. 8(1) 77 have to look at, browse, or understand the data (judges, lawyers, jurors, etc.) need ways to display relevant information graphically to assist in understanding the data, analysing it, and remembering parts of it. The ability of a computer to create synthetic copies of an event or issue (whether as a static image, a plan or schematic, a computer animation or a virtual reality simulation) provides the opportunity to enhance the viewer’s
  • 20. current understanding. These visualisations allow users to learn, question and interact within the computer-generated environment and it provides the opportunity to make mistakes, revisit and review, without necessarily putting themselves at risk (Fowle and Schofield, 2011). 4. INVESTIGATION VISUALISATION Analysis of digital data storage is often a key area in modern crime scene investigation, so much so in fact, that the computer is sometimes now considered as a separate crime scene. The computer may hold evidence in the form of documents, e-mail records, web history and caches, login dates and times of access, and illegal files, to name but a few. The digital evidence process has become so focused around this area, that disk analysis has become known, by some authors as ‘forensic computing’ (Schofield and Mason, 2012).
  • 21. Today’s digital forensic investigator has “hundreds of specific and unique application software packages and hardware devices that could qualify as cyber forensic tools…hundreds of utilities available for the same task” (Marcella and Menendez, 2007). The basic requirement for a computer forensics tool is to convert specific files into a human readable format for analysis by a forensic investigator. This analysis can be difficult and time-consuming and often involves trawling through large amounts of text-based data. Efficient and effective visual interfaces and visualisations can vastly improve the time it takes to analyse data. These graphical tools can help users gain an overview of data, spot patterns and anomalies, and so reduce errors and tedium (Lowman and Ferguson 2011). In the case of a digital forensic investigation, an investigator may need to examine the network traffic on a defendant’s computer. The
  • 22. investigators would begin by investigating network traffic log files taken from the computer in question. Marty (2008) reports that instead of showing a jury a log file that describes how a digital event occurred, a picture or visual representation of the log records should be used (such as the one shown in Figure 1). At one glance, a picture such as this is potentially capable of communicating the content of this log. So long as viewers are made aware of the context and content of the image, most viewers can process this information in a fraction of time that it would take them to read the original log (Fielder, 2003). Journal of Digital Forensics, Security and Law, Vol. 8(1) 78 In the area of forensic surveying, the use of visuals to reconstruct the crime scene
  • 23. from all the collected and recorded information (whether it be text, photographs, sketches, or survey information) is invaluable. The crime scene will not be available in its initial condition forever; evidence is often transitory and ephemeral. Evidence and information needs to be recorded before crime scene officers collect and remove any items of interest (thereby changing the original condition of the crime scene). The court is usually provided with some form of visual representation of the crime scene. Traditionally, a hand created drawing (or map) based on the use of traditional drafting techniques is represented as a two- dimensional (2D) diagram, such as the one shown in Figure 2. In the past this may have been crudely drawn or plotted to varying degrees of accuracy. Figure 2 Hand Drawn Crime Scene Plan (Courtesy of Mr. G. Schofield, Toronto Police)
  • 24. Over the past few decades, the widespread introduction and acceptance of computer technology has meant that courts have become used to seeing maps and plans rendered digitally. The technology used to create these two- dimensional displays varies, from simple freeware drafting programs to complex mechanical engineering based drafting tools such as Autocad’s Mechanical Desktop©. Often investigators use drafting technology that is tied to their scene- measuring instrument; for example, many police surveyors draft plans using software that download data from their electronic theodolites. Currently, investigators are starting to see the use of three- dimensional laser scanning technology for scene measurement and capture. These devices provide Journal of Digital Forensics, Security and Law, Vol. 8(1) 79
  • 25. a combination of laser scanning surveying and digital photography. The technology is capable of capturing all physical aspects of a scene in true three dimensions (in the x, y and z planes) for accurate interrogation and analysis. Figure 3 depicts an image of three-dimensional (3D) laser scan data; the black spot (void) is where the scanner was placed to capture the crime scene. The three- dimensional model represents a quantitative, objective database of measurements, which different operators and investigators can share for subsequent analysis. Figure 3 A Three-Dimensional Laser Scan (Courtesy of Mr. M. Haag, Albuquerque Police) 5. ANIMATING EVIDENCE Computer-generated graphical evidence in the US has primarily been used in civil cases. One of the first major uses of forensic animation
  • 26. took place in the federal civil case for the Delta flight 191 crash. In August 1985 the Delta airplane with 163 people aboard was caught in a wind vortex and crashed while attempting to land at Dallas-Fort Worth Airport, a mile from the runway. In the subsequent litigation the US Government offered a 55-minute computer- generated presentation, including forensic animations to the court to explain details pertaining to each item of evidence (Marcotte, 1989). There is an extensive precedent concerning the use of a range of computer- generated evidence in the United States, but very little in comparison in many Journal of Digital Forensics, Security and Law, Vol. 8(1) 80 other jurisdictions. Consequently, judges in other jurisdictions may look to the
  • 27. US for guidance in considering issues of admissibility. This has been particularly true for the introduction of computer-generated animations and virtual simulations in courtrooms in the UK and Australia. The legal precedents for the admissibility of this technology into courtrooms have been extensively discussed in other publications (Galves, 2000; Girvan, 2001; Schofield, 2007; Schofield and Mason, 2012). Presenting data related to road traffic accidents in the courtroom (such as the example in Figure 4) provides is a prime example of the need to relate spatial and temporal data, for which the use of virtual environment technology has been extensively adopted (Schofield, et al., 2001). In such cases, a computer- generated forensic reconstruction is built using a three- dimensional virtual environment of a scene created from actual measurements, which are usually taken by the police or investigators at the time of the incident.
  • 28. Figure 4 An Image from a Forensic Animation of a Road Traffic Accident Dynamic vehicle movements are often then simulated using scientific calculations based on those measurements and the experience of the reconstruction engineer. This computer model can then be rendered to create a series of images and animations, which describe the scene or incident. These virtual environments, when viewed in court, must support and corroborate existing evidence to be admissible as substantive evidence in any courtroom (Noond and Schofield, 2002). Journal of Digital Forensics, Security and Law, Vol. 8(1) 81
  • 29. In this example, the images in Figure 5 show a pathology reconstruction used in a murder case to investigate the nature of a stabbing incident. In this case the autopsy report described the injuries sustained by a 30-year-old male who had received a number of blunt force injuries to the face and chest, and a stab wound to the back measuring 3.4 cm in length. The autopsy reported that the cause of death was attributed to the extensive internal bleeding caused by the stab wound which pierced the heart. It was also concluded that a large amount of force would be necessary to cause the incision to the eleventh thoracic vertebra and that the bruising to the victim’s body suggested some degree of violent struggle prior to the fatal injury (March, et al., 2004; Noond, et al., 2002). Figure 5 An Image from a Forensic Animation based on Autopsy Information The left-hand image (Figure 5) shows the angle of the blade as it entered the
  • 30. body, cutting through the vertebra. The right hand image (Figure 5) shows a hypothetical body dynamic produced to illustrate the position of the victim so Journal of Digital Forensics, Security and Law, Vol. 8(1) 82 that the damage to the internal organs matches up with the angle of the knife entry (March, et al., 2004). Unlike the environment surrounding a road traffic accident or crime scene reconstruction, where exact, surveyed measurements are usually available, pathology or medical visualisations are often based on descriptive post-mortem findings or approximate measurements. The use of generic anatomical computer models allows the recreation of dynamic events in which wounding or damage to a human body occurs. Such a reconstruction is, by its very nature, often
  • 31. dependent on the knowledge, expertise and opinion of medical experts. Hence, in many of these cases the advice of the expert is seen as crucial in creating a graphical representation that accurately matches the medical opinion. However, the potential inaccuracies involved mean that these reconstructions must be viewed cautiously, and the uncertainty associated with the exact position of virtual objects must be explained to the viewer (Schofield and Mason, 2012). Stephenson v. Honda Motors Ltd. of America (Cal. Super. Case No. 81067, 25th June 1992) is generally accepted to be the first case to admit evidence using a computer game engine (real-time simulator). The attorney convinced a California Superior Court of the need to use the visual component of a virtual reality simulation to help a jury understand the nature of the terrain over which an accident victim chose to drive her Honda motorcycle (Dunn, 2001). Honda
  • 32. argued that the terrain was obviously too treacherous for the safe operation of a motorcycle, and that, while two-dimensional photographs and videos would help provide the jury with some idea of what the terrain was like, a three-dimensional, interactive simulator was much more realistic. In allowing the evidence, the court determined that the three-dimensional simulation was more informative, relevant, and probative. Since this initial success, the sporadic worldwide application of such computer game based, real-time technology in courtroom situations has (in most cases) offered a unique platform for the collection, interrogation, analysis and presentation of complex forensic data across a wide spectrum of crime-scene and accident scenarios. Three-dimensional reconstructions of incidents have allowed the user to interactively visualise views from multiple relevant positions within
  • 33. the virtual environment, something that can be beneficial within the dynamic, adversarial environment of the courtroom. The USA has a larger precedent for the admissibility of such technology into courtrooms (Schofield and Mason, 2012). All of the above information has been collected, extracted and produced by qualified people and/or experts in their respective field. They understand the visuals they create and use and understand what it is being shown. These visuals are often used as explanatory tools for juries and non-experts. However, the general public are rarely presented with these visuals without extensive expert explanation, as there is a possibility that Journal of Digital Forensics, Security and Law, Vol. 8(1) 83 they may not understand the raw visualisation, misconstrue the data presented,
  • 34. or may infer a biased view from them. 6. ADVANTAGES AND DISADVANTAGES OF THE USE OF THE TECHNOLOGY By their very nature, any discussion of the issues involved in the presentation of the whole range of digital evidence is likely to be basic and generic relating to broad generalisations about the use of this technology across diverse courtroom application areas. Many of the issues raised in the previous section affect the admissibility of the reconstructions as courtroom evidence in the various global jurisdictions. Consideration of these issues is crucial if such technology is to be successfully used. As Wheate (2006) stated: “It is difficult to determine how well twelve untrained, underpaid and usually inconvenienced strangers comprehend and utilise the evidence they hear in court, especially in cases where the evidence is provided by highly trained experts such
  • 35. as forensic scientists.” It is possible to summarise a list of advantages and disadvantages of the use of this technology. Advantages of using the technology include: – Three-dimensional reconstructions have the ability to improve the comprehension, and the memory retention, of complex spatial and temporal data and evidence. – Reconstruction technology can improve the speed with which complex information can be imparted to a courtroom audience, and therefore may shorten the length of a case. They may rarely, on occasion, be responsible for extra points of confusion and cause an increase in case length. – According to research conducted in the USA (Lederer and Solomon, 1997) people are twice as likely to be persuaded when arguments are supported by visual aids.
  • 36. – People’s attention is drawn to moving objects. They rank top on the hierarchy of methods to draw attention which spans from actions, through objects, pictures, diagrams, written word, to spoken word (Schofield, 2006). This increased attention should lead to the triers of fact (usually a judge and jury) studying the evidence more intently. Journal of Digital Forensics, Security and Law, Vol. 8(1) 84 Disadvantages of using the technology include: – Visual displays when used can introduce levels of prejudice, if one side has such evidence and the other does not. – Graphics-based reconstruction technology is potentially prone to allowing bias into the presentation, whether that is conscious bias (a
  • 37. form of evidence tampering) or subconscious bias. In an attempt to reduce this, all computer-generated graphical evidence must be backed up with a comprehensive audit trail, and the expert witness presenting such evidence must be able to substantiate the accuracy of the reconstruction, both in terms of the original data used to reconstruct the incident, and the accuracy of the reconstruction (Schofield and Mason, 2012). – this is an issue of the ‘persuasiveness’ of the technology. It is possible that when a subject is shown a ‘realistic’ computer-generated reconstruction of an event they may feel mesmerised, or believe that they are seeing the actual event happen. Jurors may hence adopt a ‘seeing is believing’ attitude, as has been shown to sometimes be the case with television viewing (Fielder, 2003; Schofield, 2007; Speisel and Feigenson, 2009). There is
  • 38. therefore a potential reduction in their level of critical appraisal of the reconstructed evidence. It does not make sense to use technology just for the sake of using something new. However, as many lawyers and expert witnesses continue to push towards the dynamic presentations of video, text, documents and other forms of evidence, it seems likely that these complex data visualisations and forensic virtual models will become a more pervasive and effective alternative to the sketches, drawings and photographs traditionally used to portray demonstrative evidence in the courtroom (Bailenson, 2006; Galves, 2000; Girvan, 2001; O’Flaherty, 1996; Schofield, 2011). It could be said that when visualising data, a person must have the knowledge of the data they are visualising, but they must also have knowledge of how to apply
  • 39. the visualising techniques for their audience. Marty (2008) supports this reasoning: he reports that most people who are trying to visualise data have knowledge of the data itself and what it means, even if they do not necessarily understand the visualisation. The viewer tends to visualise only the information collected or generated by a specific solution. The use of advanced visualization tools (specifically three- dimensional computer models) allows for the recreation of an incident illustrating the chronological sequence of events. However, such a reconstruction is, by its very nature, often dependent on the knowledge, expertise and opinion of the experts. These must be viewed cautiously and the uncertainty associated with each item’s Journal of Digital Forensics, Security and Law, Vol. 8(1) 85
  • 40. position and action within the reconstruction must be explained by the person presenting the visual to the audience. It should be noted that during both investigation and courtroom presentation there should be some concern that the investigator/reviewer will be focused on the visual images rather than the data source. This is of importance since visual evidence has the potential to be particularly misleading and it is possible that people may focus only on the elements that have a high degree of visual appeal. In all these situations, new visualisation techniques and products may be used inappropriately or used to deflect the viewer’s focus away from key evidential issues. In summary, the main benefit of the use of these reconstructions in the courtroom is their ability to persuade a jury. In terms of admissibility in courtrooms around the world, this persuasive nature may also bring about a variety
  • 41. of objections to their use. 7. CONCLUSIONS Our culture is dominated with images whose value may be simultaneously over- determined and indeterminate, whose layers of significance can only be teased apart with difficulty. Different academic disciplines (including critical theory, psychology, education, media studies, art history, and semiotics) help explain how audiences interpret visual imagery. The continuing digital revolution has had an enormous impact on the way forensic evidence is collected, analysed, interpreted and presented and has even led to the defining of new types of digital evidence (for example, digital imagery and video, hard drives and digital storage devices). Much of this digital media will end up needing to be admitted into courtrooms as evidence. In most jurisdictions around the world technology can
  • 42. be slow to become legally accepted. It is fair to say that, in general, legislation for the admissibility of digital media usually lags behind the technological development (Schofield and Mason, 2012). In a very real and practical sense, the analysis of courtroom imagery and its interpretation by jurors and other courtroom participants)is only just beginning (Speisel and Feigenson, 2009). This paper has highlighted thematic areas where novel technologies may bring improvement to the forensic process. It underlines the fact that, recently, three- dimensional forensic reconstruction techniques are being increasing used (along with other multimedia technologies) to present forensic evidence in the courtroom. The technologies have been targeted in this area due to their success in communicating highly complex, technical, spatial and temporal evidential information to the general public. Forensic science technology advances rapidly, and the public,
  • 43. who regularly watch high-technology crime scene investigation on television, expect to see their TV experience duplicated in the real courtroom environment. The public Journal of Digital Forensics, Security and Law, Vol. 8(1) 86 expects professional visual representations illustrating complex forensic evidence, polished digital media displays demonstrating the location of spatially distributed evidence and dynamic animated graphics showing event chronologies. Modern systems for creating visualisations have evolved to the extent that non- experts can create meaningful representations of their data. However, the process is still not easy enough, mainly because the visual effects of processing, realising
  • 44. and rendering data are not well-understood by the user, and the mechanisms used to create visualisations can be a largely ad hoc process (Rogowitz and Treinish, 2006). Commercial media companies often magically appear offering ‘professional graphics’, ‘forensic animation’ and ‘crime scene reconstruction’ services similar to those seen on the televised forensic/crime shows. In countries all around the world, many lawyers and expert witnesses now use, and have to confront in an adversarial manner, computer-generated animations, three- dimensional virtual reconstructions, real time interactive environments and graphical computer simulations (Schofield, 2007). However, there is little research being undertaken to consider the impact this technology is having in the courtroom, in particular how it is affecting the decisions being made (Schofield, 2011). This concludes part one of this two part investigation into the use of digital
  • 45. displays in the courtroom. Part two of this paper will analyse and discuss specific problems in relation to the use of this technology in the courtroom. REFERENCES Bailenson, J. N., Blaschovich, J., Beall, A. C., & Noveck, B. (2006). Courtroom applications of virtual environments, immersive virtual environments and collaborative virtual environments. Law and Policy, 28(2): 249- 270. Cleveland, W. S., & McGill, R (1984). Graphical perception: Theory, experimentation, and application to the development of graphical methods. Journal of the American Statistical Association, 79(387): 531- 554. Dunn, J. A. (2001). Virtual reality evidence. The Electric Law Library. Retrieved from http://www.lectlaw.com/files/lit04.htm, on 10 December 2012. Fielder, B. (2003). Are your eyes deceiving you? The evidential crisis regarding
  • 46. the admissibility of computer-generated evidence. New York Law School Law Review, 48(1&2): 295–321. Fowle, K., & Schofield, D. (2011). Visualising forensic data: Investigation to court. The 9 th Australian Digital Forensics Conference, 30 November–2 December 2011, Perth, Western Australia. http://www.lectlaw.com/files/lit04.htm Journal of Digital Forensics, Security and Law, Vol. 8(1) 87 Galves, F. (2000). Where the not so wild things are: Computers in the courtroom, the federal rules of evidence, and the need for institutional reform and more judicial acceptance. Harvard Journal of Law and Technology, 13(2): 161–302. Girvan, R. (2001). An overview of the use of computer- generated displays in the courtroom. Web Journal of Current Legal Issues, 7(1).
  • 47. Lederer, F. I., & Solomon, S. H. (1997). Courtroom technology– An introduction to the onrushing future. Proceedings of Fifth National Court Technology Conference (CTC5), National Centre for State Courts. Session no. 103: Evidence Technology in the High-Tech Courtroom. Lefcourt, G. (2003). The use of technology in the courtroom. New York, NY: New York Council of Defense Lawyers. Lowman, S. (2010). Web history visualisation for forensic investigations. MSc Forensic Informatics Dissertation, Department of Computer and Information Sciences, University of Strathclyde, Glasgow, UK. Lowman, S., & Ferguson, I. (2012). Web history visualisation for forensic investigators. Forensic Focus. Retrieved from http://articles.forensicfocus.com/2011/07/26/web- historyvisualisation-for- forensic-investigations/ on 10 December 2012. Marcella, A. J., & Menendez, D. (2007). Cyber Forensics: A
  • 48. Field Manual for Collecting, Examining and Preserving Evidence of Computer Crimes. CRC Press. March, J., Schofield, D., Evison, M., & Woodford, N. (2004). Three- dimensional computer visualisation of forensic pathology data. American Journal of Forensic Medicine and Pathology, 25(1): 60-70. Marcotte, P. (1989). Animated evidence: Delta 191 crash re- created through computer simulations at trial. Journal of the American Bar Association, 75: 52- 57. Marty, R. (2008). Applied security visualization. Network World. Retrieved from http://www.networkworld.com/subnets/cisco/030309-ch1- applied- security-visualization.html?page=1 on 10 December 2012. Noond, J., & Schofield, D. (2002). Visualising the scene– Interactive evidence: Litigation graphics and virtual reality. Proceedings of Expert Evidence:
  • 49. Causation, Proof and Presentation Conference, Prato, Italy. O’Flaherty, D. (1996), Computer-generated displays in the courtroom: For better or worse? Web Journal of Current Legal Issues, 2(4). Ramasubramanian, L., & McNeil, S. (2004). Visualizing urban futures: A review and critical assessment of visualization applications for transportation planning http://articles.forensicfocus.com/2011/07/26/web- historyvisualisation-for-forensic-investigations/ http://articles.forensicfocus.com/2011/07/26/web- historyvisualisation-for-forensic-investigations/ http://www.networkworld.com/subnets/cisco/030309-ch1- applied-security-visualization.html?page=1 http://www.networkworld.com/subnets/cisco/030309-ch1- applied-security-visualization.html?page=1 Journal of Digital Forensics, Security and Law, Vol. 8(1) 88 and research. Proceedings of the City Futures Conference, 9-10 July, 2004, Chicago, IL. Rogowitz, B., & Treinish, L. (1996). How not to lie with
  • 50. vizualization. Computers in Physics, 10: 268-274. Schofield, D. (2006). The future of evidence: New applications of digital technologies, forensic science: classroom to courtroom. Proceedings of 18th International Symposium of the Forensic Sciences, 2-8 April 2006, Fremantle, Western Australia, 2006. Schofield, D. (2007). Animating and interacting with graphical evidence: Bringing courtrooms to life with virtual reconstructions. Proceedings of IEEE Conference on Computer Graphics, Imaging and Visualisation, 14-16 August 2007, Bangkok, Thailand. Schofield, D. (2011). Playing with evidence: Using video games in the courtroom. Journal of Entertainment Computing, Special Issue: Video Games as Research Instruments, 2(1): 47-58. Schofield, D., Noond, J., Goodwin, L., & Fowle, K. (2001). Accident scenarios:
  • 51. Using computer generated forensic animations. Journal of Occupational Health and Safety (Aus NZ), 17(2): 163-173. Schofield, D., & Mason, S. (ed). (2012). Using Graphical Technology to Present Evidence, in Electronic Evidence, 2nd ed. London, UK: Lexis- Nexis. Shannon, C. E. (1948). A mathematical theory of communication. Bell System Technical Journal, 27: 379-423. Speisel, C. O., & Feigenson, N. (2009). Law on display: The digital transformation of legal persuasion and judgement. New York, NY: New York University Press. Teerlink, S., & Erbacher, R. F. (2006). Foundations for visual forensic analysis.7 th IEEE Workshop on Information Assurance, 21-23 June 2006, U.S. Military Academy, West Point, NY. Tufte, E. (1997). Visual explanations: Images and quantities,
  • 52. evidence and narrative. Cheshire, CT: Graphics Press. Wheate, R. (2006). Australian juries and scientific evidence. Australian Journal of Forensic Sciences, 38(2): 75. BIOGRAPHICAL DETAILS Dr. Schofield (PhD) is currently Director of Human Computer Interaction (Associate Professor) at the State University of New York (SUNY) Oswego, USA, and an Adjunct Associate Professor of Digital Forensics in the School of Computer and Security Science at Edith Cowan University, Perth, Australia. Journal of Digital Forensics, Security and Law, Vol. 8(1) 89 Previous to this position he held the title of Associate Professor of Computer Games and Digital Media, in the School of Creative Media at RMIT University
  • 53. in Melbourne, Australia. In his earlier career he was one of the managers of the internationally renowned Mixed Reality Lab (MRL) at the University of Nottingham in the UK. Dr. Schofield has also been on the management board of both the Visual Learning Lab (a UK HEFCE centre of excellence) and the Learning Sciences Research Institute (UK). Dr. Schofield also remains a director and major shareholder of Aims Solution s Ltd., a UK based company providing computer graphics visualisation services and virtual reality based simulation training products to a wide range of public and private sector organisations.
  • 54. Dr. Schofield has been involved in developing crime scene reconstructions using computer games/graphics technology for over 15 years. His research is specifically concerned with representation and understanding of visual information in the courtroom environment. The reconstructions he and his team create cover a wide range of forensic visualisation from computational fluid dynamics models to blood spatter patterns at crime scenes, from road traffic accident reconstruction to post-mortem pathology visualisation. Dr. Schofield is regularly used as an expert witness in courts all over the world and has worked on many high profile cases.
  • 55. Dr. Schofield has been involved in forensic casework in the UK, Australia, the USA and Malaysia. A few years ago, he was responsible for the facial reconstruction of an Egyptian mummy for a documentary called Nefertiti Reserected on the Discovery Channel. For the last six years he has also been working on a major facial biometric project for the FBI (Federal Bureau of Investigation) in the USA. Ken Fowle (PhD) is currently the Head of School (Associate Professor), Computer and Security Science, at Edith Cowan University (ECU), Western Australian and an Adjunct Associate Professor at the University
  • 56. of Western Australia, Centre of Forensic Science (CFS). Prior to moving over to academia, Dr Fowle was employed by the Department of Mines and Petroleum in the Investigation Branch. Dr Fowle’s interest in visualisation and accident reconstruct started back in 1996, when seconded to the departments Mine Safety Branch to assist with developing computer applications for mining accident and incidents. This interest was further enhanced in 1999 when he was seconded to Central Tafe to establish a research and development group specifically for developing
  • 57. computer graphics for the resource sectors of Western Australia. During his time at Central Tafe, Dr Fowle undertook a PhD with the University of Nottingham’s AIM’s research group. Journal of Digital Forensics, Security and Law, Vol. 8(1) 90 In 2003 Dr Fowle returned to the Department of Mines and Petroleum where he continued his research into visualisation and won funding from the WA Government, to continue research in the use of 3D environments for accident
  • 58. reconstruction. This research interest continues at ECU with collaboration with the WA Police Service, London Metropolitan Police, Northumbria University, State University of New York and local and national research groups such as IVEC, CFS and ECU’s Security Research Institute. Dr Fowle is past president of the Australian and New Zealand Forensic Science Society and is still an active committee member, is a member of the International Association for Forensic Survey and Metrology, American Society for Industrial Security, Australian Computer Society and the Australian Law Enforcement Forensic Surveying Working Group.
  • 59. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
  • 60. Journal of Quantitative Criminology, Vol. 15, No. 2, 1999 Using National Incident-Based Reporting System Data for Strategic Crime Analysis Donald Faggiani,1,2 and Colleen McLaughlin1,3 The utility of the National Incident-Based Reporting System (NIBRS) for stra- tegic crime analysis has yet to be explored. The NIBRS represents an advance- ment over existing reporting systems and possesses considerable utility to frontline law enforcement with respect to strategic crime analysis. This paper discusses the utility of the NIBRS for identifying local and regional trends in narcotics related offenses. As an example, we selected four localities from the 1997 Virginia NIBRS data to examine trends in the saleydistribution and pos- session of narcotics. Our analysis shows that the NIBRS provides significantly more incident-related detail than has heretofore been available for strategic crime
  • 61. analysis at the regional or state level. Moreover, the NIBRS provides neighbor- ing communities the opportunity to compare information on emerging crime patterns and criminal enterprises which extend beyond local boundaries. Finally, enhancing local reporting compliance by highlighting the strategic utility of the data to local law enforcement will ultimately ensure the quality of the data set, which can then be employed by larger entities as well as criminal justice research- ers for policy development and planning. KEY WORDS: NIBRS; crime strategy; narcotics enforcement; drugs; crime analysis. 1. INTRODUCTION The utility of crime analysis techniques for identifying patterns of crime over time and location is well documented. Maltz et al. (1991) note that ‘‘information is the lifeblood of the police’’ (p. 12). While
  • 62. information may be the lifeblood of the police, a well-designed incident-based data system provides the infrastructure that maintains the information for analyzing emerging or ongoing crime problems. A primary objective of the FBI’s 1Virginia Statistical Analysis Center, Department of Criminal Justice Services, 805 East Broad Street, Richmond, Virginia 23219. 2To whom correspondence should be addressed. e-mail: [email protected] 3Departments of Surgery and Emergency Medicine, Medical College of Virginia, Virginia Commonwealth University, P.O. 980454, Richmond, Virginia 23298-0454. 181 0748-4518y99y0600- Corporation
  • 63. Faggiani and McLaughlin182 National Incident-Based Reporting System (NIBRS) is to serve as a basic foundation for a crime analysis information system. The intent is to provide a crime information tool with standardized data elements that has utility at the local law enforcement level for tactical crime analysis. Unfortunately, the NIBRS has not achieved immediate and widespread acceptance. In part this may due to misunderstandings surrounding the uses of NIBRS data by local and state law enforcement officials. A Joint Docu- ment of the Bureau of Justice Statistics (BJS) and the Federal Bureau of Investigation (FBI) outlines seven impediments to the implementation of NIBRS (BJS, 1997). Second on the list of impediments, just below funding, is uncertainty of benefits. Through a series of national focus groups, the
  • 64. FBI and BJS study found that the participants of these groups felt that the NIBRS was useful only for macro-level analysis and had no practical utility for local law enforcement. Analysis of the NIBRS system, however, reveals that it possesses significant and immediate utility for local agencies. The NIBRS data system is designed to provide basic, standardized incident-level information that is consistent across law enforcement jurisdic- tions. The resulting data set represents an invaluable asset to local law enforcement, as well as other governmental organizations and criminology researchers. The specific aim of the current paper is to provide an example of how NIBRS data can be useful for strategic crime analysis and criminal investigative analysis at the local and regional levels. The analysis focuses on identifying local and regional trends in the
  • 65. saleydistribution and possession of narcotics. Narcotics-related offenses have been selected for the present study for three reasons. First, narcotics- related offenses affect most communities: large and small, urban and rural. Second, the NIBRS permits the opportunity to analyze specific types of narcotics-related offenses (e.g., possession and sellingydistribution), which significantly enhances the potential utility of the NIBRS data to local law enforcement. Finally, narcotics-related offenders have the ability to be rela- tively mobile in their criminal activity. With some geographic constraints, drug users and sellers may conduct their transactions in a wide variety of locations of varying levels of convenience and risk to either party, irrespec- tive of established community boundaries. Drug-selling and illegal drug markets also have the potential to be ‘‘franchised,’’ moved, established, and reestablished. Dealers may bring their product to the user or
  • 66. may elect to sell in their home community. While user prevalence and preference may impact the establishment and location of illegal drug markets, it is also likely that local tolerance of drug crimes and local law enforcement practices may impact these decisions as well. Therefore, data pertaining to patterns and trends for narcotics-related offending across localities would be especially useful in developing law enforcement tactics and strategies. Using the NIBRS for Strategic Crime Analysis 183 2. VIRGINIA NIBRS DATA Virginia is still in the developmental stages of establishing the NIBRS. The data for the current analysis were provided by the Virginia State Police (VSP) and include 133 (48.9%) certified NIBRS agencies out of
  • 67. 272 total agencies in Virginia. As with most U.S. localities reporting NIBRS data in 1997, the Virginia localities are heavily skewed toward rural and small agencies. The VSP certifies local law enforcement agencies for NIBRS com- pliance, which then submit their NIBRS data on a monthly basis. The VSP check the reliability of the local reporting prior to submitting the data to the FBI’s Uniform Crime Reporting Section. The data for this analysis are the same data the VSP submits to the FBI. For the current project the data were structured to allow for multiple unit analysis within one file. The data include all incidents in which a nar- cotics-related offense was charged, even if the narcotics-related offense was not the most serious offense in the incident.4 For example, in an incident involving a motor vehicle theft and a narcotics possession offense, the motor
  • 68. vehicle theft would be reported as the most serious offense in the incident. Further selections were made to limit the analysis to all narcotics (except marijuana) offenses where the type of drug was known. In addition, we limited the analysis to criminal acts of sellydistribute and possess. The link- ages between the various NIBRS segments provide detail on drug type, criminal act (sellydistribute or possess); and drug quantity (including how the quantity is measured), as well as other offenses that might be involved in the incident such as weapon offenses or theft. To minimize problems with compliance and sampling frames, only agencies certified to report NIBRS data on or before January 1, 1997, and reporting data for all 12 months of 1997 were selected. In all, 57 local agencies met these criteria. To provide focus for our discussion we selected four localities, three of which appear to have emerging or ongoing problems with narcotics offenses.
  • 69. It is important to emphasize that the Virginia localities represented in the present study are skewed heavily toward rural and small agencies. This can have a significant impact on the ability to generalize the outcomes of any analysis to larger populations. Moreover, although actual data are used, differences in sampling frames and levels of compliance significantly limit the ability to draw firm conclusions from the results. As such, any results drawn from this analysis must be viewed as preliminary. The intent was to examine the use of the NIBRS for strategic crime analysis, not draw statisti- cal inferences from the data. In light of these caveats, the names of the communities represented in this study have not been provided in an effort 4Seriousness of the offense is based upon the FBI’s UCR offense hierarchical rule as specified in the Uniform Crime Reporting Handbook (1991).
  • 70. Faggiani and McLaughlin184 to prevent the misinterpretation of these preliminary results or embarrass- ment to the locality. 3. TACTICAL CRIME ANALYSIS Crime analysis techniques which help investigators identify patterns of crime over time and location are extremely useful. Tactical crime analysis can provide investigators extensive detail on offenses occurring in specific areas at specific times. At the local agency level tactical planning can be enhanced significantly through effective utilization of NIBRS data. Com- parison of incident and arrest rates for specific patterns of offending has the potential to reveal emerging patterns or trends. Moreover, the use of the
  • 71. NIBRS for surveillance purposes affords the opportunity for routine moni- toring of local conditions. Any departure from established ‘‘baseline’’ con- ditions might serve as an effective early warning system for local law enforcement. Consequently, the ability to monitor and anticipate local and regional changes in patterns of offending provides local law enforcement the opportunity to engage in proactive prevention strategies rather than the reactive strategies often required. Analysis of arrest rates also provides the opportunity to compare and contrast local law enforcement strategies between communities, a strategy that can be useful to multijurisdictional or regional drug task forces. Patterns of offending open to ‘‘franchising’’ in rural communities may be effectively monitored and, perhaps, anticipated through NIBRS data. Comparison of incident to arrest rates may provide insight into
  • 72. factors including local tolerance for certain patterns of offending. For example, high arrest rates for narcotics-related offenses may suggest an emerging drug problem. On the other hand, high arrest rates may indicate a low tolerance for substance use in the community. This information coupled with street- level intelligence may yield insight into the relative attractiveness of a com- munity to criminal enterprise. Communities with high levels of known nar- cotics activity but low overall arrest rates may indicate a degree of tolerance for certain patterns of offending. Differences in aggressiveness of law enforcement may make certain communities particularly attractive to offenders. Communities not responding to patterns of offending with aggressive sanctions may appear as open territory to offenders. NIBRS data provide the ability to analyze specific types of offending
  • 73. not previously possible with the aggregate data provided through UCR reports. For example, distinguishing narcotics possession from saleydistri- bution offenses (possible with the NIBRS) significantly enhances surveil- lance. Differences in the rates of these types of offenses may have very different implications for the community. High rates of possession offenses Using the NIBRS for Strategic Crime Analysis 185 compared to saleydistribution offenses may indicate differential disposition of cases or community tolerance. On the other hand, it may suggest local interest in a certain drug or an increased preference for a particular pattern of substance use. In response to changes in demand, local users may estab- lish a distribution network to meet their needs. The community also may
  • 74. become attractive to larger distributors from outside the area. Therefore, increases in possession offenses may foretell the creation of new drug mar- kets or precede the establishment of an illegal distribution network, either from within or outside the community. Conversely, high rates of selling with respect to possession offenses may reflect local discretion, suggesting harsh sanctions or ‘‘zero tolerance’’ for drugs in the community. These findings also may indicate that this com- munity serves as a local distribution center for the surrounding localities. A large increase in saleydistribution incidents may suggest the targeting of a community by drug sellers or the attempt to create a new market. Knowl- edge of offender characteristics may enhance the ability to track and moni- tor these individuals, suggest the source of the drugs (e.g., high school students), or indicate the involvement of outside criminal
  • 75. enterprises. Analy- sis of the relative quantities seized would provide local analysts the oppor- tunity to answer many of these questions while plotting and anticipating local trends. Analysis of local data in conjunction with data from surrounding com- munities provides localities the opportunity to analyze trends and patterns that extend beyond their jurisdiction. Offenders and criminal enterprises are not constrained by the same jurisdictional lines that constrain law enforce- ment. Therefore techniques that permit the expansion of criminal intelli- gence beyond jurisdictional lines may be critical to the effective identification, monitoring, and apprehension of these individuals and groups. In addition, relative differences in criminal activity will provide localities the opportunity to compare their crime rates. Lower rates may suggest effective law enforcement techniques that could be
  • 76. shared with neighboring communities. Communities with higher rates could examine what makes their community attractive to this pattern of offending. Again, the identification of outside criminal elements could cause a locality to examine what makes their community attractive to outside criminal elements. 4. ANNOTATED EXAMPLE As an illustration of how NIBRS data might be used to evaluate local trends in narcotics-related offenses, offense data from four communities within the Commonwealth of Virginia have been compiled. Analysis of Faggiani and McLaughlin186 Table I. SaleyDistribution and Possession of Narcotics by
  • 77. Locality Possession Sale incidents Possession incidents Sale Community Populationa (% total) rateb (% total) ratec Total A 17,890 18 100.6 34 190.1 52 (35%) (65%) B 88,300 37 41.9 2 2.3 39 (95%) (5%) C 22,800 39 140.4 94 416.7 133 (29.3%) (70.7%) D 34,000 294 850.0 151 423.5 445 (66.1%) (33.9%) aPopulation data are 1997 estimates provided by the Weldon Cooper Center for Public Service, University of Virginia. bSale and possession rates are per 100,000 population.
  • 78. these data reveals areas where additional qualitative intelligence on local criminal activity is not only useful, but essential in the analysis of these incident-based data. Table I shows the 1997 narcotics5 sale and possession rates for four localities in Virginia. The offender is the unit of analysis and the data include all offenders identified in all incidents in which a narcotics sale andy or possession offense was charged. The narcotics offense may not have been the most serious offense or the only offense and the offender may or may not have been arrested. Review of the narcotics offenses in Table I revealed large differences in incidents rates between communities. For example, com- parison of the per capita rates for communities A and B suggested a large difference in narcotics-related offenses. Further analysis of the data, possible with NIBRS, revealed qualitative differences in the type of
  • 79. offending. In community A, the preponderance of incidents was for the saleydistribution of narcotics, while the majority of incidents in community B were for pos- session offenses. The differences in incident rates may be interpreted in at least two ways. As described above, an increased incident rate for narcotics-related offenses may be suggestive of an established or emerging drug problem in the community. Conversely, an increased rate may indicate aggressive polic- ing or diminished community tolerance for substance use andyor drug sell- ing in the community. Knowledge of the data at the community level would provide further insight into the meaning behind the numbers. 5For the purposes of this analysis we operationalize narcotics as crack cocaine, powder cocaine, heroin, and all other illegal hallucinogens, stimulants, and designer drugs. Marijuana and
  • 80. other cannabinoids (e.g., hashish) are not included. Using the NIBRS for Strategic Crime Analysis 187 Table II. Drug Type by Activity and Locality Activity Sell, distribute, Community Type of drug manufacture Possession Total C Crack cocaine Number 43 14 57 (% total) (45.7%) (35.9%) (42.9%) Cocaine Number 50 13 63 (% total) (53.2%) (33.3%) (47.4%) Heroin Number 2 2 (% total) (5.1%) (1.5%)
  • 81. Othera Number 1 10 11 (% total) (1.1%) (25.7%) (8.2%) D Crack cocaine Number 144 291 435 (% total) (95.4%) (99.0%) (97.8%) Cocaine Number 2 2 (% total) (0.7%) (0.4%) Heroin Number 7 1 8 (% total) (4.6%) (0.3%) (1.8%) Othera Number (% total) aIncludes hallucinogens, stimulants, and designer drugs. Localities C and D both appear to have very high overall
  • 82. offender rates for narcotics offenses. However, locality C reported an extraordinarily high per capita rate for saleydistribution incidents (416.7) and a much lower rate for possession incidents (140.4). Locality D, on the other hand, has a very high total rate but the pattern of sale (423.5) vs possession (850.0) is opposite that of agency C. Analysis of the NIBRS data for agencies C and D provides further insight into the problems in these communities. Table II provides a break- down on the drug types involved in the incidents for these two localities. As in Table I, in Table II the offender is the unit of analysis. Table II shows that narcotics-related offenses in locality D are almost exclusively crack cocaine-related offenses. Locality C, on the other hand, shows a different pattern. Narcotics-related offenses are almost evenly split between powder
  • 83. cocaine and crack cocaine. Other narcotics offenses represent only a small Faggiani and McLaughlin188 overall percentage of the offenders in both localities. However, this is one area that should be followed closely, as many of the larger cities in the United States are beginning to report increases in their heroin markets. Although relatively small, the number of offenders charged with the sale or distribution of heroin in locality D may be an indication of a small but possibly emerging heroin distribution market. On the other hand, locality C does not appear, at least in 1997, to have a problem with the sale or distribution of heroin. Unlike the standard UCR program, NIBRS provides detailed infor-
  • 84. mation on the incident. Traditional research on narcotics offenses at the community level has been limited to the FBI’s UCR summary level data. Detailed information on narcotics sale and distribution generally has come from extensive research efforts such as Goldstein (1985), where specific information is gathered for limited areas within large cities. NIBRS offers crime analysts and researchers the opportunity to expand their knowledge of drug offenses as well for a wide range of other offenses. Additional analysis using UCR6 data for these two communities shows that locality D experienced significant increases in violent crime beginning in the late 1980’s. By 1994 the locality’s violent crime rate began to decline. Locality C had a low violent crime rate throughout the 1980’s. Around 1990 the crime rate in community C began to increase. By 1997 the violent crime rate in community C was 171% higher than the 1987 level. The
  • 85. nexus between violent crime and drugs has been explored elsewhere (e.g., Goldstein et al., 1992). The intent here is to provide a context for the differ- ences between the sale and possession rates reported by agencies C and D. Locality D had an emerging drug and violence problem in the late 1980s. However, the 1997 NIBRS data for this community reports an over- all clearance rate7 of 76% for incidents involving a narcotics offense that are known to the police. The numbers reported for 1997 would be consistent with a community that is coming to grips with a serious problem. Overall the community appears less tolerant of both drugs and violence and it may be paying off with higher arrest rates for drug offenses and an overall lower violent crime rate. UCR data show that community C has had an ongoing problem
  • 86. with narcotics-related arrests dating back to the mid-1980s, while their violent crime rate was relatively low throughout the 1980s. Around 1991, however, community C began to show a steady increase in reported violent crime that 6It is not our intent to conduct a comparison between the UCR summary data and NIBRS data. UCR data are used to provide background for the analysis. 7For the purposes of this discussion, a clearance is any incident involving a narcotics offense in which there was at least one arrest. Using the NIBRS for Strategic Crime Analysis 189 has continued through 1997. Relative to the clearance rate for locality D, locality C’s 1997 narcotics-related incident clearance rate is low. The ques- tion becomes are the low arrest rate and high rates for sale of
  • 87. narcotics a sign of an emerging or ongoing problem. The pattern of increasing violent crime and low arrest rates for sale of narcotics may indicate that the com- munity has become the target for expansion by outside drug dealers. The intent of the above scenario is to provide an example of how the NIBRS would be useful for tactical crime analysis. The knowledge of crime patterns and trends that can be extracted from a NIBRS data system can prove beneficial to all law enforcement agencies. However, the NIBRS can provide information only on patterns of criminal activity. The NIBRS can provide a great deal more information on each of the narcotics incidents in this analysis. For example, 41% of the crack cocaine arrests in community D were at a residence, compared to 57% of the arrests in community C. It is also possible to determine the time of day and day of the
  • 88. week when the offenses occurred. Additional analysis on the part of local law enforcement will be necessary to answer the questions and find solutions. The key is that the NIBRS provides an opportunity for strategic crime analysis that heretofore was unavailable. In summary, effective utilization of NIBRS data can enhance signifi- cantly tactical crime analysis and planning at the local level. Analysis of specific patterns of offending, and comparison and contrast of incident and arrest rates within as well as across jurisdictions, affords the opportunity to effectively monitor and anticipate local and regional trends. This approach permits the evaluation of local law enforcement strategies and provides the opportunity to initiate proactive crime prevention strategies. 5. CRIMINAL INVESTIGATIVE ANALYSIS
  • 89. Block’s (1993) research on homicides has shown that the risk of becom- ing a victim and the risk of being an offender can vary by demographic groups, location, time, and type of homicide. The NIBRS offers the oppor- tunity to identify the victim, offender, and interaction risk levels for all offenses reported to the FBI. One of the primary advantages of NIBRS is that each incident can be analyzed independently, and interactions between hierarchical units within the data set can be analyzed with linkages between the different units. For example, these linkages allow the victim to be linked to the offenders and the offenders to the offenses. The ability to establish these linkages between victim, offender, and offense is critical to analyzing criminal events and behavior within the context of larger trends. This becomes important when defining profiles of victim or offender types, and when
  • 90. examining victim– Faggiani and McLaughlin190 offender relationships. This feature can be used to identify particularly vul- nerable segments of the community, establish victim risk, and track serial crime. Again, the ability to cross jurisdictional boundaries with this approach may enhance the ability to track offenders and analyze crimes not constrained by the same boundaries imposed on law enforcement. 6. SUMMARY AND CONCLUSIONS The NIBRS represents an exciting opportunity for researchers and practitioners to interact through the use of a common tool. The wealth of detail available in the NIBRS will permit scientists and practitioners to
  • 91. interact and exchange information through a common medium. The struc- ture provided by a common NIBRS data system also transcends the needs of the local agency, permitting neighboring communities the opportunity to compare like information on emerging crime patterns and on criminal enterprises which extend beyond local boundaries. Access to data from neighboring communities would permit agencies to cross jurisdictional lines with respect to intelligence without requiring complicated interagency agree- ments for collaboration. Data from neighboring communities could then be used to follow, as well as anticipate, trends. The NIBRS will also be an important tool for providing policy-relevant information across jurisdic- tions and across levels of government, giving police administrators as well as state planners the ability to develop or redirect policies. Promoting local participation by highlighting the strategic utility of the data to
  • 92. local law enforcement will ultimately enhance the quality of the data, which can then be employed by larger entities (e.g., counties, states and multijurisdictional task forces) for policy development and planning. Unfortunately, as the BJSyFBI report (1997) indicates, state and local officials envision limited utility of the NIBRS data for local law enforce- ment. However, accurate data collection from this same group is essential to effective implementation of the NIBRS system. In light of this discrepancy, perhaps the true challenge to NIBRS lies in promoting the collaboration and alliance with local law enforcement or the provision of incentives for accurate and complete compliance with the data collection requirements. These incentives may be limited to a description of the tactical crime analysis functions embedded within the data set or may extend
  • 93. to include the availability of analysis programs andyor technical assistance for front- line users. The NIBRS represents a huge advancement over existing reporting systems and possesses considerable utility to frontline law enforce- ment with respect to tactical crime analysis. A brief description of the advantages of the NIBRS and their relation to tactical crime analysis may Using the NIBRS for Strategic Crime Analysis 191 be sufficient to effect compliant data collection. Development of a user- friendly interface which could be utilized by an investigator in the field to access NIBRS data would facilitate the development of local crime preven- tion strategies and may also be useful in case investigations. These potential benefits are well within the realm of NIBRS capabilities and
  • 94. would be par- ticularly useful to smaller jurisdictions that lack crime analysis capabilities. The availability of technical support from those familiar with and using the NIBRS database would further enhance the ability of a community to utilize the data effectively. The opportunity to utilize a common data set and interact with the individuals who have firsthand knowledge of the crimes and trends included in the data may be an invaluable resource for researchers and analysts using NIBRS data for research purposes. Regard- less of the form, however, the provision of incentives may represent the difference between the type of data set resulting from mandatory com- pliance or an ‘‘enhanced’’ compliance where the data are collected and meticulously maintained by the frontline user who has a vested interest in the success of the product.
  • 95. REFERENCES Block, C. R. (1993). Organizing a dataset to support analysis of multiple units: Victim, incident and offender risk. In Block, C. R., and Block, R. L. (eds.), Questions and Answers in Lethal and Non-lethal Violence, National Institute of Justice, Washington, DC, pp. 209– 212. Bureau of Justice Statistics (1997). Implementing the National Incident-Based Reporting System: A Project Status Report, Government Printing Office, Washington, DC. Federal Bureau of Investigation (1991). Uniform Crime Reporting Handbook, FBI, Washington, DC. Goldstein, P. J. (1985). The drugsyviolence nexus: A tripartite conceptual framework. J. Drug Issues 15: 493–506. Goldstein, P. J., Brownstein, H. H., and Ryan, P. J. (1992).
  • 96. Drug-related homicide in New York: 1984 and 1988. Crime Delinq. 38(4): 459–476. Maltz, M. D., Gordon, A. C., and Friedman, W. (1991). Mapping Crime in Its Community Setting: Event Geography Analysis, Springer-Verlag, New York. Copyright of Journal of Quantitative Criminology is the property of Springer Science & Business Media B.V. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. 263
  • 97. Journal of Contemporary Criminal Justice Volume 24 Number 3 August 2008 263-273 © 2008 Sage Publications 10.1177/1043986208318225 http://ccj.sagepub.com hosted at http://online.sagepub.com Risk Assessment in Organized Crime Developing a Market and Product-Based Model to Determine Threat Levels Jay S. Albanese Virginia Commonwealth University, Richmond The risk posed by organized crime is a central concern of governments around the world. The infiltration and control of legal and illegal markets and
  • 98. products is a major concern in nearly every country. New agencies and initiatives are under way in the United Kingdom, Canada, New Zealand, Belgium, and elsewhere, with the specific purpose to better predict and detect organized crime activity. This article proposes a model to assess the risk of organized crime. It employs a different unit of analysis from most current models, focusing on illicit markets rather than groups, and it offers a practical alterna- tive for determining the presence of organized crime in areas that may or may not have a history of organized crime involvement. Keywords: organized crime; risk assessment; prediction; illicit markets; threat assess- ment; criminal markets Definition of Organized Crime It is important to be clear about what we mean by organized crime. Too often, dis- cussions of organized crime lack focus because it is not clear what precisely is being
  • 99. talked about. Definitions of organized crime have been offered by a wide variety of authors and researchers over the years, and an analysis of those definitions is presented in Table 1. It can be seen from Table 1 that authors have identified 11 different char- acteristics of organized crime in their definitions. When these are broken down, however, it is seen that 5 characteristics are most typical: organized continuing hier- archy, rational profit through crime, use of force or threat, corruption of public officials for immunity, and public demand for services. There seems to be less consensus about whether organized crime holds a monopoly over particular markets, has restricted membership, is nonideological, specializes in certain activities, has a code of secrecy, or engages in extensive planning of its activities. A definition based on the consensus of these authors (see Table 1) would read, “Organized crime is a continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public demand. Its
  • 100. continuing existence is maintained through the use of force, threats, monopoly control, and/or the corruption 264 Journal of Contemporary Criminal Justice of public officials” (Albanese, 2007, p. 4). The precise size of the enterprise or group is not important to the definition; two persons are the minimum required to engage in a criminal conspiracy, so any group of two or larger suffices. Organized crime can be described either by the activities it engages in or by the groups involved. Continuing criminal conspiracies that constitute organized crime require insiders and outsiders to connect suppliers with customers and also to protect the enterprise from law enforcement. Therefore, organized crime groups need to obtain the product (e.g., drugs, stolen property) and make it easily available to customers (e.g., movement from source to destination) while obtaining
  • 101. some “insurance” when members are caught or convicted (e.g., the need for corruption of public officials to protect the enterprise from disruption). All successful organized crime groups require these elements to survive and make a profit. The Risk of Organized Crime Determining the risk of organized crime requires specific local assessments rather than global judgments. To say that organized crime is a problem in the United States, for example, is too broad a statement to be useful because it overlooks the huge vari- ations within the country (i.e., some locations have no organized crime problem, whereas other locations within the country have serious organized crime problems). Global assessments of organized crime abound: “Transnational organized crime continues to grow in the absence of a comprehensive, integrated global counter strat- egy. . . . There are more slaves in the world now than at the highest point of the African
  • 102. slave trade” (World Federation of United Nations Associations, 2007). More than $1 trillion is paid each year in political bribes (World Bank Institute, 2007). Global Table 1 Definitions of Organized Crime in the Literature Characteristic Number of Authors Organized hierarchy continuing 16 Rational profit through crime 13 Use of force or threat 12 Corruption of public officials to maintain immunity 11 Public demand for services 7 Monopoly over particular market 6 Restricted membership 4 Nonideological 4 Specialization 3 Code of secrecy 3 Source: Albanese (2007).
  • 103. assessments like these are useful in drawing attention to the problem, but they are not useful in assessing the risk or threat in a particular location. To accomplish this, more precise information at the local level is required. Most risk or threat assessments in organized crime have focused on groups. These assessments are often carried by law enforcement agencies to determine which groups are at highest risk or pose the greatest threat. The methods used to determine risk involve identifying the universe of known crime groups in the country and then ranking them by their attributes and potential seriousness. Sample attributes used in these assessments include violence, corruption, infiltration, sophistication, discipline, insulation, stability, and group cohesiveness (Royal Canadian Mounted Police, 2006; Serious Organized Crime Agency, 2007). In a similar way, the Federal Bureau of Investigation’s Organized Crime Section at FBI Headquarters is divided into three units, which are
  • 104. focused on Italian American organized crime, Eurasian/Middle Eastern Organized Crime, and Asian and African criminal enterprises (Federal Bureau of Investigation, 2008). This illustrates a primary focus on crime groups as a focal point for attention to organized crime. Table 2 is excerpted from a Canadian threat assessment. It illustrates that threat assessment is carried out by law enforcement agencies to target individuals and groups determined to pose the highest risk. This selection of “groups” as the criterion to be predicted is based on the premise that law enforcement agencies place apprehension of criminals as the central part of their mission. Experience shows, however, that apprehension of organized crime figures usually does not eliminate the group— which recruits new members or promotes existing members after a successful prosecution (Organized Contraband Smuggling, 2000; President’s Commission on Organized Crime, 1987). The expectation that prosecution of individuals involved in organized crime groups
  • 105. will affect the operation of the group and also affect the illegal market for the illicit products in question is problematic. Successful prosecutions of organized crime figures affect groups for only a short period because the customer demand for the illegal products or services is not diminished by a prosecution, so existing or new groups continue to exploit these illicit markets. High-Risk Activities Versus High-Risk Groups A focus on organized crime activities rather than groups is useful for purposes of assessment and analysis to produce an objective basis for investigative priorities and targets. Three categories of organized crime can be identified: provision of illicit services, provision of illicit goods, and infiltration of legitimate business (Albanese, 2007). Provision of illicit services involves money, sex, and gambling outside legit- imate avenues (i.e., loan-sharking, prostitution and pornography, and illegal gambling). Provision of illicit goods includes drug trafficking or the
  • 106. buying, selling, or distribution Albanese / Risk Assessment in Organized Crime 265 of stolen property. Infiltration of legitimate business involves coercive use of legal busi- nesses to exploit them for profit or use them for money laundering. This three-part typology of organized crime can be subdivided further into specific offenses of concern to law enforcement agencies and the general public. Summarized in Table 3, it can be seen that the provision of illicit services entails the offenses of commercialized sex (prostitution or pornography), illegal gambling, human trafficking, and subcontracting to others (to provide services such as illicit dumping of waste, trafficking in human organs or protected animal species, or murder for hire). The provision of illicit goods includes the offenses of drug trafficking, property theft
  • 107. (e.g., automobiles, clothing, art), and counterfeiting (e.g., identity documents, software, DVDs, CDs, weapons). The infiltration of business involves extortion of business owners, racketeering (ongoing criminal enterprises which “front” for illegal activity), money laundering, and fraud (e.g., investment fraud, Internet phishing, and smuggling of goods). Table 3 suggests that much of organized crime can be grouped into 1 of 10 dif- ferent categories of offenses. Of course, manifestations of these criminal behaviors can change over time, but the underlying conduct is remarkably stable. Consider Table 4, which compares “traditional” with “modern” forms of organized crime 266 Journal of Contemporary Criminal Justice Table 2 Findings From 2006 Canada/U.S. Organized Crime Threat Assessment
  • 108. Asian organized crime groups are distinguished by a high level of criminal entrepreneurship. They use both personal relationships and specific business and technological skills to maximize profit. Asian organized crime is active throughout Canada and the United States, from major metropolitan areas and their suburbs to isolated rural communities. During the past decade, preexisting underground economies of the former Soviet Union and its satellite states have transformed into fully realized transnational organized crime syndicates. Increasingly, Russian organized crime is characterized by fluid, cellular-type structures. Senior members/associates of Russian criminal groups appear to recognize and accept the hegemony of a single criminal authority who plays an important role in dispute resolution, decision making, and the administration of criminal funds. Italian organized crime/La Cosa Nostra is the most mature form of organized crime in both Canada and the United States. Its ability to form alliances with and co-opt
  • 109. other organized crime groups gives it global influence. In both Canada and the United States, Italian organized crime/La Cosa Nostra is distinguished by its strict, vertically integrated, hierarchical structure. The resulting discipline and efficiency permit these groups to focus resources and maximize profit. African criminal enterprises are engaged in a variety of low- to mid-level criminal activities that include a number of financial fraud schemes. Albanian criminal groups are engaged in a range of cross-border criminal activity, including drug smug gling and money laundering. Source: Royal Canadian Mounted Police. “Strategic Priority: Organized Crime 2006 Canada/US Organized Crime Threat Assessment” http://www.rcmp- grc.gc.ca/organizedcrime/octa_e.htm Royal Canadian Mounted Police, 2007. Reproduced with the permission of the Minister of Public Works and Government Services, 2008.
  • 110. activity. It can be seen that the modern forms are simply newer versions of older kinds of criminal conduct that have changed due to opportunity, technology, and likelihood of apprehension. Therefore, the number of underlying organized crime activities does not appear to change significantly over time, although the specific manifestations of those crimes shift to account for broader social changes. When we think of risk assessment, the fundamental question to be answered is “risk of what?” Tables 3 and 4 illustrate that we can identify in specific terms the particular organized crime risks we wish to target. This is a departure from most risk prediction and assessment efforts to date, which focus on crime groups rather than the products or markets that constitute the focus of organized crime activity. There has not been much effort to explain organized crime’s choices of particular criminal activities. Why is drug trafficking chosen over
  • 111. cigarette trafficking, or human trafficking engaged in versus trafficking in endangered species? One approach to this question focuses on routine activities or situational crime prevention. This perspective concentrates on criminal settings (environments conducive to organized crime activ- ity) rather than on the motivations of individuals or groups of people. Because much organized crime activity depends on transactions in public and semipublic places (e.g., selling drugs, stolen property), better surveillance and control of these settings would reduce the opportunity for small-time organized crimes, which would affect Albanese / Risk Assessment in Organized Crime 267 Table 3 Specific Offenses That Constitute Organized Crime Provision of Illicit Services Provision of Illicit Goods Infiltration of Business Commercialized sex activity Drug trafficking Extortion and
  • 112. racketeering Illegal gambling Stolen property Money laundering Human trafficking Counterfeiting (identity documents, Fraud (investment fraud, Subcontracted services: dumping, software, DVDs, CDs, weapons) phishing, smuggling) trafficking in protected species, human organs, murder for hire Table 4 Shifts in Organized Crime Activity Over Time Original Activity Modern Version Local numbers and lottery gambling Internet gambling at international sites Heroin, cocaine trafficking Synthetic drugs (less vulnerable to supply problems) Street prostitution Internet prostitution and trafficking in human beings Extortion of local businesses for protection Extortion of corporations, kidnappings Loan-sharking Money laundering, precious stones, commodities Fencing stolen property Theft of intellectual property
  • 113. larger organized crime operations, according to this view (Felson, 2006). The routine activities approach has not been systematically applied to organized crime, however, so it is not clear whether a focus on criminal settings, and the exclusion of individual motivation, would effectively prevent large-scale organized crime activity. Risk Assessment in Criminal Justice Settings Risk assessment is not easy, because criminal conduct remains a relatively rare event. The less common an event, the harder it is to forecast or predict effectively. Therefore, it is easier to predict automobile accidents than it is to predict incidents of organized crime. In the biological sciences, where many well-known diseases are in fact rare, it is difficult to predict diseases such as prostate cancer or breast cancer in an individual patient. However, it is possible to determine
  • 114. broader risk levels among groups by scrutinizing common factors among known victims of the disease and comparing them with nonvictims. It is this basic strategy of science that helped to identify factors such as cigarette smoking, obesity, and lack of exercise to increase risk for a number of serious diseases. Indeed, it has been found that in general, people themselves are not at high risk; it is their activities that place them at high risk (Kravitz, 2007; Ortega, Ruiz, & Sjostrom, 2007). In criminology, the approach should be similar. We cannot predict very well who will become a criminal or which precise offense or victim will be chosen in a given case. However, a close examination of known cases of offenders, crimes, and victims can be compared with nonoffenders, crime-free activities, and nonvictims to assess their comparative risk levels. Therefore, the purpose of risk assessment and prediction in criminal justice is the same as it is in natural science: to determine comparative
  • 115. risk levels of different activities so that resources can be focused on those activities that pose the highest risk. A great deal of useful research has been produced that shows the utility of risk levels to determine intensity of probation supervision, the factors important in determining parole release guidelines, and sentencing guidelines in criminal justice (Davies & Dedel, 2006; Kleiman, Ostrom, & Cheesman, 2007; Langton, 2006; Sims & Jones, 1997). Research in criminal justice risk assessment has been consistent in that very few variables account for most of the risk; the addition of more factors does not add to predictive efficiency. Although our ability to predict the behavior of individuals is poor, our ability to distinguish risk levels among and within groups is much better (Farrington & Tarling, 1985; Gottfredson & Tonry, 1988). Here, we wish to assess comparative risk levels of criminal activities and illicit markets. The assumption is that if we properly assess and rank these illicit markets and