57
Criminal Investigation (CJ 210) Unit 3 Lecture Instructor : Fred D.

Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Embed Size (px)

Citation preview

Page 1: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Criminal Investigation (CJ 210) Unit 3 Lecture

Instructor:Fred D. Collie

Page 2: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Creative Project: Types Of Evidence

• Create a 10 slide PowerPoint presentation (excluding the title page) that addresses the following:

– Identify the types of evidence and their importance to the investigative process – Discuss the various types of evidence and how it is collected– Discuss how the evidence is examined– Discuss the types of information the evidence can provide– Discuss some possible contamination issues with the

collection of the evidence.– Address any other relevant issue to this topic.– For assistance with this assignment, refer to chapters 2 and

3 of your text

Page 3: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Power Point Help

Page 4: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Possible OutlineSlide 1- Title Slide (Your information, the name

of your project)

Slide 2- Various types of evidence and how it is collected (p. 41)

1. (Type of evidence, Give example of collection)

2. …

3….

4….

5….

Slide 3- How Evidence is Examined

1….

2…

3…

Page 5: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Possible OutlineSlide 4- Information Derived from Evidence

1…

2…

3…

Slide 4- Contamination of Evidence

1…

2…

3…

Slide 5- Additional relevant information

1. (You decide)

Slide 6- Conclusion

1.

2.

3.

Page 6: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Types of Evidence

Fingerprints- Latent, Visible, Plastic Bullets and Cartridges-Comparison

Microscope Handwriting- Typewriting, Printing Shoe Impressions- Castings used for

Comparison Tool impressions- Hammer,

Screwdriver, Jimmy, Cutting DevicesOsterburg & Ward, 2007, p. 41

Page 7: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Tool Impressions

You could add any additional information or explanation here.

Examples Methods of Collection

Examination Information Contamination Issues

Examples: Hammer etc.

How would you collect package transport and store these pieces of evidence?

How would you examine this type of evidence?

What information would this evidence provide?

How might this evidence be contaminated or compromised?

Page 8: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Probable CauseProbable Cause Facts that a reasonable, prudent person would accept as a basis for decision

making.

Quantity Prima facie: presumptive but rebuttable. (Evidence that is sufficient to raise a presumption of fact or to establish the fact in question unless rebutted)1

Degree of Uncertainty Less than apparent but still quite possible.

Usage in Science Basis for theory development through testing of hypothesis. (A conjecture that provisionally accounts for a set of facts: can be used as the basis for additional investigation and guide in gathering further information)2

Law in the U.S. Satisfies requirement for an arrest or issuance of a warrant for search and seizure of evidence.Basis for going on to the next stage of a legal proceeding.

If no defense is made, prima facie evidence forevery element constitutes a prima facie case that is sufficient to support a conviction in criminal cases.

Criminal Investigation in the U.S.

Obtain a search warrant what or an arrest warrant.

1http://www.lectlaw.com/def2/p078.htm (Accessed 12/18/08)2Osterburg & Ward, 2007, p. 794

Page 9: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Records and Files:Nurtured Resource or Arid Archive?

Osterburg & Ward, 2007

Page 10: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Type of offense Name(s) of offender(s) Name(s) of victim(s) Location Date and time of occurrence Relevant facts pertaining to case

How Law Enforcement Records are Categorized

Osterburg & Ward, 2007

Page 11: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Identifies possible suspects for a particular crime

Lists crimes with a common offender Identifies crime trends and potential

targets Prepares crime maps by type

and location of crime, or by residences of known offenders

Crime Pattern Analysis

Osterburg & Ward, 2007

Page 12: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Type of crime

Time, day, location

Type of property or persons targeted

Building

Object

Ruse used by perpetrator

Tale used by perpetrator

Miscellaneous idiosyncrasies

Photographs

Electronic data processing

Organization of an MO File

Osterburg & Ward, 2007

Page 13: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Informants:Cultivation and Motivation

Osterburg & Ward, 2007

Page 14: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Self-serving reasons cutting deal/eliminating competition/building credit

Mercenary reasons paid informants

Self-aggrandizement favorable attention from authorities

Emotions fear/revenge/jealousy/repentance/gratitude

Civic Duty

Motives for Informing

Osterburg & Ward, 2007

Page 15: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Meet on neutral ground Treat informant fairly Treat informant courteously Appeal to reason of motivation Clue in newly recruited informant Explain entrapment Maintain cover Keep informants in line Advise informant not to commit crimes for information Keep financial transaction exact

Handling Informants

Osterburg & Ward, 2007

Page 16: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Press for details Be tactful Check reliability of information Do not reveal discrepancies

in information Be sympathetic Avoid embarrassing questions Maintain control of interview

Interviewing Informants

Osterburg & Ward, 2007

Page 17: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Law enforcement official or person acting as agent of law enforcement

Purpose is to institute a criminal prosecution

Innocent individual is induced

Conduct constitutes a criminal offense

Person who otherwise would not do so is prompted to commit an illegal act

Conditions Meeting Entrapment

Osterburg & Ward, 2007

Page 18: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Key Terms

Crime Mapping

http://www.caliper.com/Maptitude/crime/default.htm

(Accessed 12/18/08)

The end product of a process that starts with the first-responding officer’s report that is processed by data entry personnel, entered into a database, and transformed into a symbol on paper. In this narrow interpretation, a map is merely a picture or part of a database.

http://www.ncjrs.gov/html/nij/mapping/ch2_1.html (Accessed 12/18/08)

Page 19: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Information Science The sciences concerned with gathering,

manipulating, storing, retrieving, and classifying recorded information. http://www.google.com/search?hl=en&rls=DLUS,DLUS:2008-25,DLUS:en&defl=en&q=define:information+science&sa=X&oi=glossary_definition&ct=title (Accessed 12/18/08)

Page 20: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Confidential Source

Any individual stipulating confidentiality, who is freely providing intelligence or investigative information on a “one-time” basis, or responding to questions during a field interview, or in a custody interview.

Reliable Confidential Informant (RCI): A confidential informant who has furnished information in two separate matters, is found to be reliable through independent sources and investigation and has satisfactorily fulfilled all other criteria. http://tallahassee.com/assets/pdf/CD10811059.PDF (Accessed 12/18/08)

Page 21: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Probable Cause

Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit.

The probable cause standard is more important in Criminal Law than it is in Civil Law because it is used in criminal law as a basis for searching and arresting persons and depriving them of their liberty. Civil cases can deprive a person of property, but they cannot deprive a person of liberty. http://legal-dictionary.thefreedictionary.com/Probable+Cause (Accessed 12/18/08)

Page 22: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Quid Pro Quo

Something for something, as in making a deal, e.g., plea bargaining (Osterburg & Ward, 2007, p. 800).

QUID PRO QUO - Lat. 'what for what' or 'something for something.' The concept of getting something of value in return for giving something of value. For a contract to be binding, it usually must involve the exchange of something of value. http://lectlaw2.securesites.net/def2/q003.htm (Accessed 12/18/08)

Page 23: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Criminal Investigation (CJ 210)

Unit 3 Lecture

Instructor:Fred D. Collie

Page 24: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

William T ForbesKaplan University

Page 25: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

When to cite?

Whenever you are referring to an idea that is not uniquely your own, one that has been drawn from another source, you must “cite” that idea as someone else’s. The most common example is from a periodical or book: Criminal investigation must be conducted

within the framework of our democratic system (Osterburg & Ward, 2007).

Page 26: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

When to cite?

The citation follows the expression of the idea; typically at the end of a sentence (an exception would be when you express two or more ideas in one sentence: Community policing involves developing

a relationship between citizens and the police department (Jones, 2005).

This is the citation

Page 27: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

When to cite?

The order of the citation is important, and should include, in parenthesis, the author’s name, a comma, and the year of publication: Community policing involves developing

a relationship between citizens and the police department (Jones, 2005).

Author name Year

Page 28: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

When to cite?

You must cite the particular book each time you draw from it; not just the first time you use it in a text.

Page 29: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

When to cite?

If your citation refers to a specific page or pages, you should also include that in your citation: Motive is an important factor in pointing to

possible suspects in a homicide. Often there is a personal relationship between victim and perpetrator that, if subjected to stress may impel one of them to kill the other. (Osterburg & Ward, 2007, p. 355).

Page number

Page 30: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

When to cite?

Important: if you directly quote a text, you must put the quote in quotation marks: “Community policing involves

developing a relationship between citizens and the police department” according to one source (Jones, 2005, p. 48).Note the blue portion is a direct quote from

the Jones source

Page 31: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

When to cite?

As mentioned earlier, you might have two ideas from two different sources (notice the placement of the first citation after the first idea): Community policing involves developing

a relationship between citizens and the police department (Jones, 2005, p. 48) as well as teaching citizens how to handle their own crime problems (Smith, 1998). 2nd “idea”

Page 32: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

When to cite?

Almost without exception, your in-text citation should “connect” to an entry in your reference list toward the end of your paper. Reference list formats are covered later: Anyone who discloses investigative

information can be considered an informant. (Osterburg & Ward, 2007, p. 233).Osterburg J. & Ward R., (2007). Criminal Investigation:

A Method for Reconstructing the Past. (5th Ed)Newark, NJ: Matthew Bender & Company

Reference list

Page 33: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

When to cite?

You may also at times refer to works without the parenthesis, if it “flows” better with your paper: Jones has stated that community

policing involves developing a relationship between citizens and the police department (2005, p. 48).

Note the author is left out because it

was mentioned earlierin the sentence

Page 34: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

When to cite?

Here is another example of not using parenthesis: In 1998, Jones reported that community

policing involves developing a relationship between citizens and the police department (p. 48).

In this instance the author and the year are mentioned in the prior sentence. The page number (specific to the idea) is the only citation listing. If you are referring to the entire work’s

idea, you might not even have the page number in parenthesis.

Page 35: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Examples: No authors

What if your source does not have an author listed anywhere? You will list the first few words of the title of the work: Community policing involves developing

a relationship between citizens and the police department (“Policing in Action”, 2005).

Title synopsis

Page 36: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Examples: No date

What if your source does not have a publish date listed anywhere? You will list the author, and “n.d.” for “no date”: Community policing involves developing

a relationship between citizens and the police department (Jones, n.d.).

n.d. = “no date”Note: if you don’t have an

author or a date, your citationmight read:

(“Policing in Action”, n.d.)

Page 37: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Examples: Two authors

Your book or periodical might have more than one author. You must list both authors every time you draw and idea from that particular source: Community policing involves developing

a relationship between citizens and the police department (Jones & Smith, 2005, p. 48).

2nd Author

Page 38: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Examples: Three to Six Authors If you have three to six authors, you cite two

different ways. The first time you cite the source, you list all authors: Community policing involves developing a

relationship between citizens and the police department (Jones, Smith, & White, 2005).

Each additional time you cite this source in your paper, you only list the first author, and follow it up with “et al.”: Community policing involves developing a

relationship between citizens and the police department (Jones, et al.).

“et al.” stands for “and others”

Page 39: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Examples: Agency as Author

Perhaps you have a source that lists an agency, such as a government agency, as the author (and not an individual). In this instance you simply list that agency within the citation: Community policing involves developing a

relationship between citizens and the police department (U.S. Department of Justice, 2005).

Agency listed

Page 40: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Examples: Personal Communications Personal communications, such as e-mails,

interviews, phone interviews, etc. are cited within your text, but they are NOT listed in the reference list: Arthur Jones stated that community policing involves

developing a relationship between citizens and the police department (personal communication, May 8th, 2005).

This will NOT be listed in thereference list

Page 41: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

References

Recall that almost without exception, your in-text citation should “connect” to an entry in your reference list toward the end of your paper. Community policing involves developing

a relationship between citizens and the police department (Jones, 2005, p. 48).Jones, A. (2005). Community Policing. Hartford, CT: Scholarly Publishers, Inc.

Page 42: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

References - Formatting

References are formatted in the fashion below. The reference is in “hanging indent” style, with the first line not indented and all lines that follow indented.

Jones, A. (2005). Community Policing. Hartford, CT: Scholarly Publishers, Inc.

“Hanging indent”

Page 43: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

References - Formatting

In general, the author is listed first; last name first, first initial next. The year is listed in parenthesis after that. The title is then displayed in italics. If it is a book, the city (and possibly the state) of publication is offered, followed by a colon and the publishing company name.

Jones, A. (2005). Community Policing. Hartford, CT: Scholarly Publishers, Inc.

Page 44: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

References - Formatting

Reference lists are in alphabetical order by the author’s last name.

Multiple authors for the same reference are listed in alphabetical order.

If you have more than one reference by the same author, you list them in order by the year of publication.

Use “&” as opposed to “and” in listing multiple authors

Page 45: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Reference Examples: 2-6 authors All authors (up to six) are listed in

alphabetical order. Anderson, M., Bell, J., & Jones, A.

(2005). Community Policing. Hartford, CT: Scholarly Publishers, Inc.

Page 46: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Reference Examples: More than 6 authors The first six authors are listed, every

author after that is referred to as “et al.” (“and others”).

Anderson, M., Bell, J., Connors, G., Davis, L., Engram, P., Jones, A., et al. (2005). Community Policing. Hartford, CT: Scholarly Publishers, Inc.

Page 47: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Reference Examples: Periodical A periodical, such a magazine or

newspaper, is referred to like below. The title of the article is listed after the year. The name of the periodical is next, followed by the volume number and pages.

Jones, A. (2005). Community Policing. River City Monthly, 55, 25-32.The periodical name and volume

number are in italicsPage #’s, not in

italics

Page 48: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Reference Examples: Periodical A periodical, such a magazine or

newspaper, is referred to like below. The title of the article is listed after the year. The name of the periodical is next, followed by the volume number and pages.

Jones, A. (2005). Community Policing. River City Monthly, 55, 25-32.The periodical name and volume

number are in italicsPage #’s, not in

italics

Page 49: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Reference Examples: Internet/Print Periodical An internet/print periodical is listed in a

reference list like any other periodical, however it also includes the retrieval date and web address (Note: example is of a periodical that is also printed; note volume # and page #’s):

Jones, A. (2005). Community Policing. Community Policing Weekly, 55, 25-32. Retrieved May 8th, 2005, from http://www.compolicing.net

Note web addressand retrieval

date

Page 50: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Reference Examples: Internet only Periodical An internet only periodical is listed in a

reference list like any other periodical, however it also includes the retrieval date and web address. Note also the retrieval date may differ from the publish date (if known).

Jones, A. (2001). Community Policing. International Association of Community Policing, 55, Article 2. Retrieved May 8th, 2005, from http://www.compolicing.net

This can be a “hyperlink”

Page 51: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Reference Examples: Govt. / Private Organization Internet publications from organizations,

government or private, will many times not display an author. The agency name is listed instead of the author.

U.S. Department of Justice (n.d.). Community Policing.

Retrieved May 8th, 2005, from http://www.usdoj.govNote: “n.d” for

“no date”. This canbe used for any

reference withouta date

Page 52: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Reference Examples: Govt. / Private Organization What about a private organization? Here is an

example:

Higgins Institute (1999). Community Policing. Retrieved May 8th, 2005, from http://higginsinst.com

Page 53: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Reference Examples: Link from School Website Some websites, such as college or university

sites, have links to informative articles. These links are handled as follows:

Jones, A. (1999). Community Policing. Retrieved May 8th, 2005, from the University of Nebraska, Criminal Justice Research Section web site: http://www.unl.edu/cj/compolicingNote: the website (Nebraska) is distinct from the

article (authored by Jones), so it is noted specifically in the reference list.

Page 54: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Reference Examples: Newspaper on the Web Many newspaper have their articles on the

web now. Here is how you list this in your reference list:

Jones, A. (2005). Community Policing Under Fire. River City Bugle. Retrieved May 8th, 2005, from http://www.rcbugle.com

Page 55: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Important Points

You must “credit” others for their work; APA will do this for you

If this credit isn’t given, you might be committing plagiarism

You must connect your citations to a link in the reference list (with the exception of personal interviews)

Page 56: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Important Points

Consult the APA Publication Manual or http://owl.english.purdue.edu/handouts/research/r_apa.html (Purdue University’s English Lab APA website) for further information. This Powerpoint is merely a basic primer in APA formatting.

Page 57: Criminal Investigation (CJ 210) Unit 3 Lecture Instructor: Fred D. Collie

Criminal Investigation (CJ 210)

Unit 3 Lecture

Instructor:Fred D. Collie