CJ 2500 MOD 2 DB

Chapter 3 – Investigators, the Investigative Process, and the Crime Scene

A crime is the commission (the “doing”) or omission (failing to do) of any act which is prohibited or required by the penal code of an organized political state.

B. In most states a felony is an act punishable by imprisonment for a term of one or more years or by death.

C. Generally, violations of the criminal code which are not felonies are designated as misdemeanors, lesser offenses which may be punishable by a fine not to exceed $500 and/or imprisonment for not more than one year.

D. Some states have a third crime category called a violation, e.g., criminal littering, which are punishable only be a fine of not more than $250.

An investigator is someone who gathers, documents, and evaluates

evidence. evidence.

The investigator is someone with strong professional training and solid

experience who by carefully completing every appropriate step in an

investigation leaves nothing to chance.

Investigators must use both inductive and deduction reasoning.

The investigative process had the following objectives:

1. To establish that a crime was actually committed.

2. To identify and apprehend the suspects(s).

3. To recover stolen property.

4. To assist in the prosecution of the person(s) charged with the crime

The actions taken at the scene of a crime immediately following its detection

and reporting constitute what is termed the preliminary investigation.and reporting constitute what is termed the preliminary investigation.

1. Receipt of Information and Initial Response

2. Emergency Care

3. Crime Scene Control

4. Issue A Be On The Lookout Alert for Suspects

5. Crime Scene Determination

6. Evidence

7. The Incident/Offense Report

Follow-up investigation is the effort expended by the police in gathering information subsequent to the initiation of the original report until the case is ready for prosecution or closed.

Crime scenes vary with the amount of physical evidence which is ordinarily

expected to be recovered; a murder scene in a motel room will yield more expected to be recovered; a murder scene in a motel room will yield more

physical evidence than a yard from which a lawnmower was stolen. At the

most basic level, a crime scene is the location where the offense was

committed.

There are several ways to think about what a crime scene is.

1. Criminal incident may have more than one crime scene.

2. Based on size, there are macroscopic and microscopic scenes.

3. Other useful ways of thinking about crime scenes are based on the type of

crime (larceny versus aggravated assault), the location (indoors or outdoors),

the condition of the scene (organized or disorganized), and the type of

criminal action (active or passive).

Crime-scene investigators examine blood-stained clothes before placing them in an evidence bag.

The work at the crime scene is divided into three functions: 1) overall coordination of the scene; 2) technical services; and 3) investigative services.

A. Overall Coordination

Ordinarily, this first function is vested in the senior investigator at the scene and she or he will have the final responsibility for what is done at the scene and what types of additional resources will be requested.

B. Technical Services

This function is the responsibility of the ranking representative of the department’s central crime laboratory or its crime scene processing unit, along with any subordinate specialists who are assigned to the scene.

C. Investigative Services

Investigative services include interviewing witnesses, conducting and documenting the neighborhood canvass discussed earlier, a field interrogation of the suspect if in custody, and carrying out and recording the results of a vehicle information canvass.

There are three broad categories of evidence in which investigators have a

particular interest: 1) corpus delicti; 2) associative; and 3) trace evidence.particular interest: 1) corpus delicti; 2) associative; and 3) trace evidence.

An evidence recovery log is a chronological record of who found what evidence, where, witnessed by whom, and notations about other ways the evidence may have been documented, e.g., photography

The evidence recovery log is an important document which records all The evidence recovery log is an important document which records all pieces of physical evidence found at a crime scene. This is critical if the case is to be successfully prosecuted later.

Without control, a life might be lost, evidence destroyed, assignments overlooked, or the investigation conducted in a generally slovenly manner.

In processing the crime scene, it is necessary to keep both known facts and

inferences in mind. This facilitates the reconstruction of the offense and inferences in mind. This facilitates the reconstruction of the offense and

identification of the perpetrator’s method of operation, suggests the possible

existence of certain types of physical evidence, and assists in establishing

appropriate lines of inquiry.

In approaching the point of focus, minute, but extremely important evidence may be altered or destroyed, the area to be searched may be too rapidly defined, and other areas that might be fruitfully explored are overlooked or given only a cursory examination.

The rule of inclusiveness dictates that every available piece of evidence be

obtained and where there is a question as to whether a particular item obtained and where there is a question as to whether a particular item

constitutes evidence be defined as such.

Document of the crime scene is a constant activity, starting with the rough, shorthand record created by field notes. In lesser offenses, a single officer may be the only representative of the police department at the scene. Thus, everything which is learned will be a result of his or her investigation. In such cases, the only documentation which may exist is the officer’s field notes and the Incident/Offense report.

There are numerous threats to investigators health and safety.

A. Infectious Diseases

1. HIV/AIDS

The HIV virus is a blood-borne pathogen which is also present in other bodily fluids.

2. HIV/AIDS and Investigators

At crimes, accidents, and other scenes with a potential or known HIV risk

investigators should have certain knowledge and employ self-protection techniques.

3. Hepatitis B and C

Hepatitis B (HBV) is the most common serious disease in the world and it is the

leading cause of liver cancer.

4. Tuberculosis

Tuberculosis (TB) is a chronic bacterial infection which is the leading infectious

disease killer in the world; it is spread by the air and usually infects the lungs,

although other organs may be involved.

B. The Americans with Disability Act (ADA)

Investigators who contract such infectious diseases may be covered by federal

Americans with Disability Act (ADA), which makes it illegal to discriminate against

otherwise qualified employees in employment actions—such as assignments and

promotions—solely on the basis that an investigator is thought to have or actually

has a covered disability

The purpose of the crime scene search is to obtain physical evidence useful in establishing that, in fact, an offense has been committed; identify the method of operation employed by that, in fact, an offense has been committed; identify the method of operation employed by the perpetrator; reduce the number of suspect; and identify the perpetrator.

A. The Five Major Considerations

1. Boundary Determination

In terms of the boundary of the crime scene, it is useful to think of an inner perimeter and an outer perimeter.

2. Choice of Search Patterns

There are five fundamental search patterns from which the crime scene coordinator may select.

3. Instruction of Personnel

Even when the same type of criminal offense has been committed, the variation among crime scenes may be enormous. Thus, it is of paramount importance that the crime scene coordinator call together all those individuals who will be, in various capacities, processing the scene and share with them all of the available information concerning the case.

4. Coordination

One of the most important responsibilities of the person in charge of the crime scene is to integrate the efforts of those assigned to the technical and investigative service functions, along with ensuring the timely flow of pertinent information.

5. Documentation

It is important to thoroughly document all aspects of the crime scene search.

The crime scene coordinator may choose from a variety of crime scene search patterns based upon the type and size of the crime scene.

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