Chapter01-2

Criminal Investigation, 7th EditionBy James N. Gilbert

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

Historical Origins of Criminal Investigation

Chapter 1



Overview

The Evolution of the Detective Development of Criminalistics Legal Influences on the

Development of Criminal Investigation

Review Questions Opportunity for Student Questions



Learning Objectives

Understand historical evolution Appreciate the relationship of European and

American origins of criminal investigation Comprehend the concept of thief-catching Account for similarities and differences of early

American investigators and European counterparts Familiarize with American investigators who were

instrumental to the development of present-day investigation

Comprehend the development of forensic science List prominent European and American criminalists Understand the importance of legal influences on

the development of criminal investigation



The Evolution of the Detective: European Origins Law enforcement efforts evolved

over centuries– Frank-pledge system (middle ages)– Tithings ̶ subgroups of ten families – Watches ̶ government and merchant-

financed patrols (through the seventeenth century)

– Parliamentary Reward System (abolished in 1818)

– Thief-taking (early 1700s)



The Evolution of the Detective: European Origins Develop p6

The English Detective: The Bow Street Runners (1748)

Sir Robert Peel – Known as the father of modern policing– Instrumental in the creation of the

Metropolitan Police Act which created the London Metropolitan Police (Scotland Yard) in 1829

In 1877, Scotland Yard created the Criminal Investigation Department



Peel’s Principles of Police The Police must be stable,

efficient and organized along military lines.

The Police must be under government control.

The absence of crime will best prove the efficiency of Police.

The distribution of crime news is essential.



Peel’s Principles Cont’d. The deployment of Police strength

by time and area is essential. No quality is more indispensable

to Police than a perfect command of temper: a quiet, determined manner has more effect than violent action.

Good appearance commands respect.



Peel’s Principles Cont’d. The securing of training of proper

persons is at the root of efficiency. Public security demands that

every officer be given a number. Police Headquarters should be

centrally located and be easily accessible to the people.



Peel’s Principles Cont’d. Policemen should be hired on a

probationary basis. Police records are necessary to

the correct distribution of Police strength.



The Evolution of the Detective: U.S. Origins p8 Growth in the U.S. parallels

Europe– Volunteer night watches began in

1636– Daytime paid police patrols began in

1830s– Northern states differed in

development from southern states– Local mayors often personally

administered punishment



The Evolution of the Detective: U.S. Origins Develop

1849 marks the first detective in Chicago

Plainclothes detectives became very popular and were a rapid development in comparison to European use of investigators

In Europe it was felt that the use of informants was beneath the Police dignity.

By the 1890s, nearly all heavily populated U.S. cities had full-time detectives



Who Was Alan Pinkerton?

America’s foremost detective p11

Known as…“America’s Founder of Criminal

Investigation” First detective of the Chicago Police

Department in 1849 Opened a private detective agency in

the early 1850s–the North-Western Police Agency



Criminal Investigation on the Federal Level p13 Congress created the office of the attorney

general in 1789 Until 1865, most federal investigations were

contracted out to private detectives From 1865 ̶ 1870 the federal government

created:– U.S. Secret Service– Internal Revenue Service– Custom Service – Department of Justice

FBI created in 1909 but wasn’t organized until 1924 by J. Edgar Hoover



The Federal Bureau of Investigation p13 Significant contributions to the

overall development of criminal investigation

Created a national identification file in Washington D.C.

Uniform Crime Reports Bulletin (Index Crimes tracked)

Crime laboratories Leaders in investigative

competence



Development of Criminalistics p14 Prior to the 1900s, investigations

relied mostly upon interactions of people– Informants– Interviews – Interrogations

Forensic science now has a prominent role in almost all criminal investigations



What is Forensic Science? p14 The application of natural science to

the detection of crime– Chemistry– Physics– Biology– Mathematics

Scientifically trained investigators function as a liaison between specialized scientists and police officials

There are over 300 public crime labs in the U.S. today



Organization of a State Crime Lab (Based on WI Crime

Lab) Scientific analysis of physical evidence is conducted by 10 or 11 specialized

unitsgrouped into three sections. (A brief description of the areas of analysis for

eachunit is listed below.) Chemistry

– Drug Identification– Toxicology– Trace

Criminalistics – Firearm/Toolmark– Identification– Forensic Imaging– Questioned Document– Field Response– AFIS

DNA Analysis– DNA Databank– DNA Analysis

Information obtained from: http://www.doj.state.wi.us/dles/crimelabs/analysis.asp



Alphonse Bertillon: Founder of Criminal Identification

Bertillon p15– Recognized, in 1879, the

shortfalls of existing methods of identifying criminals

– Created a new system called anthropometry, adopted in 1882

Human body measured in 11 critical places

Color of eyes, hair, and skin System was 4,194,304 to 1

accurate Adopted by police

departments in Europe and the U.S. for more than 20 years



Alphonse Bertillon: Founder of Criminal Identification Continued… Bertillon

– Credited with the “mug shot”– Developed the famous portrait parle’ – Instrumental in the science of fingerprinting–

first expert in Europe to solve a murder case solely by means of fingerprint evidence

– Died in 1914; known today for being instrumental for the inclusion of science and record-keeping in police identification



Other Contributors to Criminalistics p19 Juan Vucetich

– Fingerprint classification Francis Galton

– Dactylography (Fingerprint Identification)

Edward Richard Henry– Devised a fingerprint classification

system Arthur Conan Doyle

– Wrote fiction depicting Sherlock Holmes



Other Contributors to Criminalistics Karl Landsteiner

– Agglutination of human blood (blood types)

Calvin H. Goddard– Forensic ballistics

Hans Gross– Wrote field handbook for criminal

investigation Robert Heindl

– Witness perception and reliability ̶ he wrote a book that classified tire patterns



Other Contributors to Criminalistics Edmond Locard

– Founded the Institute of Criminalistics

– Coined “Every contact leaves a trace”

Rudolph Reiss– Forensic photography

Harry Soderman– Wrote Modern Criminal Investigation



Other Contributors to Criminalistics August Vollmer

– Concepts in police organization and administration

– Supervised Larson in developing the polygraph

Paul L. Kirk– Founded crime labs in Chicago and St. Louis– Wrote Crime Investigation: Physical Evidence

and the Police Laboratory Alec Jeffreys

– Discovered DNA profiling



Legal Influences on the Development of Criminal Investigation p26

Criminal investigation is strictly governed by the law

Investigators must be aware of the legal guidelines

Important constitutional issues are found in:– The Bill of Rights– The 14th Amendment



Relationship to Feds!!

The Congress abhorred in anything that appeared to be a strong central government.

Still 13 independent countries Had to have protection FROM

government



The Bill of Rights

The first ten amendments to the Constitution

Guarantee personal rights Particular importance to criminal

investigation include the: – Fourth Amendment ̶ search and seizure– Fifth Amendment ̶ obtaining information

and confessions– Sixth Amendment ̶ assistance of counsel



The Fourth Amendment

The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.



The Fourth Amendment:Affecting Criminal

Investigations The exclusionary rule states that

evidence obtained as a result of unreasonable searches and seizures may not be admitted into federal court

Rule was made applicable to state criminal courts by the U.S. Supreme Court in the case Mapp v. Ohio



Famous Constitutional Court Cases Mapp v. Ohio (exclusionary rule is

applied to state courts) Escobedo v. Illinois (when the

investigation shifts to accusatory, the suspect is allowed an attorney)

Miranda v. Arizona (when a suspect is interrogated while in custody, he or she must be advised of their constitutional rights or any statements obtained are inadmissible)



EXCEPTIONS

Public Safety Exigent circumstances Inevitable discovery Good Faith



EXCEPTIONS Cont’d.

http://www.quizlaw.com/criminal_law/are_there_exceptions_to_the_ex.php

Probable Cause






Exclusionary Rule

Weeks v. US. Mapp v. Ohio Escobedo v. Illinois Miranda v. Arizona



Review Questions

1. Explain the importance that Sir Robert Peel had on modern policing.

2. Who was Alan Pinkerton?

3. Describe the role of the FBI.

4. Define criminalistics.

5. What is forensic science?

6. Explain the importance of the constitution on criminal investigations.

7. What is the exclusionary rule?



Historical Origins of Crim inal Historical Origins of Crim inal InvestigationInvestigation

Chapter 1



Student Questions

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