Hate Crimes Guidebook

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HATE CRIMES INVESTIGATION GUIDEBOOK

DR. HENRY LEE

DR. BROOKE KAMMRATH

DR. CLAIRE GLYNN

ELAINE PAGLIARO

KENNETH ZERCIE

TIANYIN YU

EDITED BY:ALEXANDER KLEIN

TABLE OF CONTENTS

General Outline of Hate Crimes Flipbook

Chapter 1) Overview of the problem ---

Definitions

1. Definitions

2. Hate Crimes

3. Types of Hate Groups

4. Extremism

5. Neo Nazis

6. Lone wolfs

7. Radical far right & Oath Keepers

8. White Supremists

9. Extremists in law enforcement

10. How we combat it

11. White House Proclamation Countering Domestic Terrorism

a. Laws

b. Sources for information

a.

TABLE OF CONTENTS

Chapter 2 Report, investigation and prosecution of hate crimes

a. Overview – prevention and investigation of hate crimes

b. Special considerations for hate crimes

c. Special units

d. State or federal guidelines links for investigations

e. Working with community leaders and communication during investigations

Chapter 3 Physical Evidence in hate crimes (general considerations)

a. Importance of physical evidence (some case examples included)

b. Crime scene procedures (general – Crime Scene Guidebook)

i. Observations and identification of evidence

ii. Documentation

iii.Collection & preservation

iv. Links to federal guidelines for crime scenes.

Chapter 4 Police-Involved Shooting Incidents - (Workshop 1)

a. Identification of problem and background case examples from news, state report, etc.

b. Scene investigation of shooting incidents

i. Special considerations of identifying & documenting evidence

ii. Links to videos, ppts, handouts of procedures

c. Issues in documentation

d. Community relations during police shooting investigations

e. CT office of the inspector general – what it is, how it works, link to last year’s report from the office.

f. Other approaches (if info available on how this is done in other jurisdictions) & in federal situations.

TABLE OF CONTENTS

Chapter 5 Hate Crimes SceneAnalysis and Evidence (Workshop 2)

a. Overview of the common scenarios and types of evidence encountered

b. Special considerations for documentation and preservation of evidence / avoiding contamination; best collection methods

c. Field Testing

i. Tests for chemical components – explosives, powders, liquids (link to demos of field tests they had available at the workshop)

ii. Tests for biological components –Alternate light, screening tests for blood and body fluids, confirmatory tests for blood

d. Portable Instrumentation – demo videos & other –Brooke will assist with this

Chapter 6 Digital / e-crimes evidence in Hate Crimes (Workshop 3) TBD

a. Overview

i. Use of electronic evidence in hate crimes (importance to show linkage)

ii. Types of software available and uses

iii.Legal restrictions on use of digital evidence e.g., GPS, texts, browser history

b. Case examples

c. Examples of search software

CHAPTER 1 OVERVIEW OF THE PROBLEM

WHAT TO EXPECT

1. Definitions

2. Types of Hate Groups

3. Extremism

4. Neo Nazis

5. Lone wolfs

6. Radical far right & Oath Keepers

7. White Supremists

8. Extremists in law enforcement

9. How we combat it

10. White House Proclamation Countering Domestic Terrorism

DOMESTIC TERRORISM

DEFINING HATE CRIMES

HOW DOES CONNECTICUT DEFINE A HATE CRIME

• Connecticut’s sentencing enhancements for hate crimes apply when a perpetrator commits a crime with the specific intent to harass or intimidate an individual because of their actual or perceived race, religion, ethnicity, disability, sexual orientation, gender identity, or gender expression (Conn. Gen. Stat. sec. 53a-181j(a)).

Source: Violence & Harassment | Hate Crimes | Connecticut. (2022) Glad Legal Advocates and Defenders. https://www.glad.org/overview/hatecrimes/connecticut/#:~:text=Besides%20the%20police%2C%20who%20can,(800)%20479%2D2949.

WHAT IS A BIAS INCIDENT?

• A bias incident will include any act of aggression or hostility against an individuals solely from an ethnocentric narrowminded view. Some characteristics include different race, ethnicity, sexual orientation, gender, religion, nationality, national origin and more.

Examples:

• Name calling; using a racial, ethnic, or other slur to identify someone; or using degrading language.

• Creating racist or derogatory images/drawings.

• Imitating someone with a disability, or imitating someone’s cultural norm or practice.

Source: What’s the Difference between a Hate or Bias Crime and a Bias Incident? (2022). Department of Justice. https://www.doj.state.or.us/oregon-department-of-justice/civil-rights/bias-and-hate/whats-the-difference-between-a-hate-orbias-crime-and-a-bias-incident/

Source:

What’s the Difference between a Hate or Bias Crime and a Bias Incident? (2022). Department of Justice. https://www.doj.state.or.us/oregon-department-of-justice/civil-rights/bias-and-hate/whats-the-difference-between-a-hate-or-biascrime-and-a-bias-incident/

CT Annual Bias Crime Report 2020

Race 6,406 White 3,365 Black or African American 1,532 American Indian or Alaska Native 68 Asian 58 Native Hawaiian or Other Pacific Islander 22 Group of Multiple Races2 425 Unknown Race 936 Ethnicity Total 5,443 Hispanic or Latino 547 Not Hispanic or Latino 1,801 Group of Multiple Ethnicities4 103 Unknown Ethnicity 2,992 Age Total 5,599 Total known offenders 18 and over 4,734 Total known offenders under 18 865

The 2020 FBI Hate Crime statistics for the nation are based on data received from 15,138 of 18,625 law enforcement agencies in the country that year.

Source:

Hate Crime in the United States Incident Analysis. (2020). Federal Bureau of Investigation, Crime Data Explorer. https://crime-data-explorer.fr.cloud.gov/pages/explorer/crime/hate-crime

OFFENDER RACE CT 2020

SOURCE: HTTPS://CRIME DATA-EXPLORER.FR.CLOUD.GOV/PAGES/EXPLORER/CRIME/HATE CRIME (SEARCH CONNECTICUT 2020)

CONNECTICUT HATE CRIME STATUTES

1.If the attacker “causes serious physical injury” to a person, the crime is a Class C Felony (Conn. Gen. Stat. sec. 53a-181j(b)).

2.If the attacker either: (1) causes any physical contact with their victim; (2) damages, destroys, or defaces their victim’s property or personal affects; or (3) credibly threatens to do either (1) or (2), the crime is a Class D Felony (Conn. Gen. Stat. sec. 53a-181k).

3.If the attacker is found to act without malice, but nonetheless either: (1) damages, destroys, or defaces their victim’s property or personal affects; (2) credibly threatens to damage, destroy, or deface their victim’s property or personal affects, or encourages another person to do so, the crime is a Class A Misdemeanor (Conn. Gen. Stat. sec. 53a-181l).

Source: Violence & Harassment | Hate Crimes | Connecticut. (2022) Glad Legal Advocates and Defenders. https://www.glad.org/overview/hatecrimes/connecticut/#:~:text=Besides%20the%20police%2C%20who%20can,(800)%20479%2D2949.

ADDITIONAL REFERENCES CHECK OUT THESE ARTICLES

• Rovella, James. (2020). CONNECTICUT BIAS CRIMES 2020ANNUAL REPORT. Department of Emergency Services and Public Protection CrimesAnalysis Unit, Division of State Police, Commissioner. https://portal.ct.gov/hatecrimes/ /media/Hatecrimes/2020 DraftHate Crime.pdf

• Hate Crime in the United States IncidentAnalysis. (2020). Federal Bureau of Investigation, Crime Data Explorer. https://crime data-explorer.fr.cloud.gov/pages/explorer/crime/hate crime

• https://crime data-explorer.fr.cloud.gov/pages/explorer/crime/hate crime

HATE GROUPS

Does the FBI investigate hate groups in the United States?

The FBI investigates domestic hate groups within guidelines established by the attorney general. Investigations are conducted only when a threat or advocacy of force is made; when the group has the apparent ability to carry out the proclaimed act; and when the act would constitute a potential violation of federal law.

(FBI, 2020) https://www.fbi.gov/about/faqs/does the fbi investigate hate groups in the united states

DOMESTIC TERRORISM

(WHITE HOUSE REPORT)

Under Federal law, “domestic terrorism” is defined as “activities that involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; appear to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnapping; and occur primarily within the territorial jurisdiction of the United States.” White House (Whitehouse, 2021) https://www.whitehouse.gov/briefing room/statements releases/2021/06/15/factsheet national strategy for countering domestic terrorism/

TYPES OF HATE GROUPS

EXTREMISTS

DEFINITION

Extremism

• Extremism is a concept used to describe religious, social or political belief systems that exist substantially outside of belief systems more broadly accepted in society (i.e., "mainstream" beliefs). Extreme ideologies often seek radical changes in the nature of government, religion or society. Extremism can also be used to refer to the radical wings of broader movements, such as the anti-abortion movement or the environmental movement. Not every extremist movement is "bad""the abolitionist movement is one example of an extreme movement that had admirable goals"but most extremist movements exist outside of the mainstream because many of their views or tactics are objectionable.

Glossary of Extremism & Hate, 2023. https://extremismterms.adl.org/glossary/extremism

NEO NAZI GROUP

FLORIDA RALLY 2023

NEO NAZI HATE GROUPS RISING

Going International

• US Neo-nazi fought in Ukraine he is from Florida

• Claims fought in Azov regiment in Ukraine

• Spreading internationally

• McLellan’s Claims

• In an interview with a far-right podcast on 18 August 2023, McLellan said he travelled to Ukraine in 2014 and 2015 to participate in fighting alongside two far-right military units — Right Sector and the Azov Regiment — that hosted radical foreign fighters in their ranks. McLellan said he was recruited to fight in Ukraine by Gaston Besson, a French military veteran who helped organize international recruitment efforts for Azov in 2014. Besson, a resident of Croatia, passed away in 2022.

• (Bellingcat, 2023) https://www.bellingcat.com/news/2023/09/13/us-neo-nazi-says-he-fought-in-ukraine-records-place-him-in-florida/

OATH KEEPERS (POLITICAL)

JANUARY 6TH CAPITOL RIOT:

WHO ARE THE OATH KEEPERS AND WHY ARE THEY ON TRIAL?

FAR RIGHT EXTREMISM

Former Army paratrooper and Yale Law School graduate took the microphone at a small rally just outside of Boston to introduce his new self-styled militia.

"I'm Stewart Rhodes," he said. "And I'm the founder of Oath Keepers.“

A pro-gun, anti-government group launched in 2009, the Oath Keepers began with a rally in Lexington, Massachusetts - site of one of the first battles in the Revolutionary War.

WHAT DID THE OATH KEEPERS DO ON 6 JANUARY 2021?

Prosecutors say Mr. Rhodes began a campaign to reject the results of the November 2020 presidential election two days after the vote, while ballots were still being counted.

On 5 November, the Oath Keepers' leader told supporters on Signal, a private messaging app: "We aren't getting through this without a civil war. Too late for that. Prepare your mind, body, spirit.“

According to a federal indictment, Mr. Rhodes and others bought thousands of dollars of weapons and gear over the next two months, made plans to stash guns, and organised members into militarystyle units.

ANTI-GOVERNMENT MILITIAS

Far right militias

The Intelligence Project at the SPLC works to expose, prevent, counter and remedy hate and extremism in the U.S. today. The SPLC is the premier U.S. organization monitoring the activities of domestic hate groups and antigovernment hard right extremists – including the Ku Klux Klan, white nationalists, the neo-Nazi movement, antigovernment militias, anti-LGBTQ groups, antisemitic movement, anti-Muslim groups and others.

Retrieved 2023 https://www.splcenter.org/issues/hate-and-extremism

LAW ENFORCEMENT

WHITE SUPREMISTS

In Law enforcement Active Links

Extremism in Law-enforcement hidden in plane sight

• In 2017, the FBI reported that white supremacists posed a “persistent threat of lethal violence” that has produced more fatalities than any other cegory of domestic terrorists since 2000

Source:

• https://www.brennancenter.org/our-work/researchreports/hidden-plain-sight-racism-white-supremacyand-far-right-militancy-law

Alarmingly, internal FBI policy documents have also warned agents assigned to domestic terrorism cases that the white supremacist and anti-government militia groups they investigate often have “active links” to law enforcement officials.

The FBI’s 2015 Counterterrorism Policy Directive and Policy Guide warns that “domestic terrorism investigations focused on militia extremists, white supremacist extremists, and sovereign citizen extremists often have identified active links to law enforcement officers.”

HATE GROUP IMPACT

HATE GROUPS POSE A THREAT

• Hate groups divide our country. The United States of America is a melting pot of cultures, religions, beliefs, and ethnicities. Dividing our country is only aiding our adversaries. Our enemies want us to be divided because they want us to be destroyed from within. Hate groups erode our country’s unity and institutions. We are allowed to agree or disagree on ideas in the country. When hate groups incite violence they are then classified as domestic terrorists by statute.

• There are over 1003 hate groups catalogued in the United States. These hate groups are in some cases are domestic terrorists. The FBI, and Department of Homeland Security have task forces in place to combat these groups.

• Hate groups undermine social cohesion in the country and encourage division. In turn, they are destabilizing our democracy.

• Hate groups target minority and vulnerable populations. In a professional setting this will create hostility in work places and can possibly incite violence within a government setting such as January 6, 2021.

HOW WE’RE COMBATING DOMESTIC HATE GROUPS

Joint Terrorism Task Force

The FBI’s Joint Terrorism Task Forces, or JTTFs, are our nation’s front line of defense against terrorism, both international and domestic. They are groups of highly trained, locally based, passionately committed investigators, analysts, linguists, and other specialists from dozens of U.S. law enforcement and intelligence agencies. When it comes to investigating terrorism, they do it all: chase down leads, gather evidence, make arrests, provide security for special events, collect and share intelligence, and respond to threats and incidents at a moment’s notice.

(FBI, 2023) https://www.fbi.gov/investigate/terrorism/jointterrorism task forces

WHITE HOUSE COUNTERING DOMESTIC TERRORISM

The Department of State will continue to assess whether additional foreign entities linked to domestic terrorism can be designated as Foreign Terrorist Organizations or Specially Designated Global Terrorists under relevant statutory criteria. The Department of the Treasury, in coordination with law enforcement, is exploring ways to enhance the identification and analysis of financial activity of domestic terrorists. The Department of Homeland Security (DHS) is enhancing its analysis of open-source information to identify threats earlier and will create a structured mechanism for receiving and sharing within government credible nongovernmental analysis. WhiteHouse, 2023) https://www.whitehouse.gov/briefing room/statements releases/2021/06/15/fact sheet national strategy forcountering domestic terrorism/

HOW CITIZENS CAN HELP

Promote social cohesion and discourage biases focusing on race, ethnicity, religion or characteristics of individuals.

Exchange ideas, promote social cohesion and not negativity or violence.

CHAPTER 2

Report Investigation Prosecution of Hate Crimes

IN THIS CHAPTER

a. Overview – prevention and investigation of hate crimes

b. Special considerations for hate crimes

c. Special units

d. State or federal guidelines links for investigations

e. Working with community leaders and communication during investigations

REPORT A HATE CRIME

In an emergency, dial 9-1-1 or your local police to get immediate help.

To report a hate crime:

If you believe you are the victim of a hate crime or that you witnessed a hate crime—

STEP 1: Report the crime to your state or local police.

•Dial 9-1-1 or call your local police station.

•Police officers may reach out to you for more information as they investigate the crime.

STEP 2: Quickly follow up this report by reporting the crime to the Federal Bureau of Investigation (FBI).

•Online: You can report a hate crime to the FBI online at: tips.FBI.gov.

•Follow the instructions on the pop-ups and fill out the online form to report a hate crime.

•By Phone: Call the FBI at 1-800-CALL-FBI (1-800-225-5324).

•You can also reach out to your local FBI field office. Find the phone number for the FBI field office closest to you at www.fbi.gov/contact-us/field-offices.

•The FBI may reach out to you for more information as they investigate the crime.

Source: https://www.justice.gov/hatecrimes/report hate crime

Hate Crimes include:

Crimes Against Persons

Crimes Against Property

Crimes Against Society

Learn more about the statistics here:

https://www.justice.gov/hatecrimes/statedata/connecticut

STATISTICS

NON CRIME RELATED INCIDENTS

Your Voice Matters: Not every hate incident involves a crime. You can report any incident to the Civil Rights Division at civilrights.justice.gov.

Possible outcomes include:

•Following up for more information,

•Starting a mediation or investigation,

•Directing you to another organization for further help, or

•Informing you that we cannot help. People and communities impacted by the incident may also still qualify for the relief outlined below.

VICTIM CONNECT RESOURCE CENTER

https://victimconnect.org/learn/types of crime/hate crimes/ Victim Services Mission

We provide confidential resources and referrals to empower crime victims to regain control, navigate their options, and determine their next steps. The VictimConnect Resource Center serves all individuals who reach out for assistance regardless of race, ethnicity, national origin, immigration status, religion, age, disability, sex, gender identity, gender expression, sexual orientation, or when the crime occurred.

Victim Services Values

Demonstrate Dependability

We hold ourselves accountable to both our colleagues and those we serve by providing reliable information and modeling professionalism at all times. We lead by example and work together openly and honestly. We do this by communicating any changes in schedule to the supervisor on call, keeping our calendars up to date, and being respectful of the group environment.

Support Personal Resiliency

We promote victim and staff wellness through recognizing the importance of self-determination, balance, and commitment to self-care. We do this by checking in with ourselves, recognizing our triggers, and maintaining a healthy work-life balance.

Engage in Continuous Learning

We encourage curiosity and continual learning in order to expand our knowledge of the victim services field. We strive to improve the quality of service we provide through evaluating gaps, recognizing trends, and incorporating best practices in our work. We believe that critical reflection allows us to provide compassionate and trauma-informed services.

Advocate Passionately and Intentionally

We believe in creating positive and lasting impact. We support fairness and respect for all people and are committed to empowering others by expanding access to services in underserved communities. We do this by participating in active listening during all interactions and making sure each conversation is visitor guided.

Build a Collaborative Environment

We value the unique strengths and experiences of each other and foster communication and partnership. We recognize that cooperation and participation leads to innovation. We do this by acknowledging our colleagues’ expertise, recognizing each individual’s history, and explaining our own thought processes behind decisions.

PROSECUTING HATE

This Photo by Unknown Author is licensed under CC BY-NC

WHAT IT TAKES

TO BE LABELED A HATE CRIME

Click this link to watch Dr. Lee’s lecture at the 45th Annual Advanced Homicide Symposium on Hate Crime Investigation & Intervention https://vimeo.com/792327443/920ce94119

DR. LEE INTERVENTION & INVESTIGATION OF HATE CRIMES

HATE CRIMES CONFUSION

“The number of reported hate crimes are going up while the number of reported hate crimes is going down,” Judge Levine.

Listen to Judge Levine's full lecture here.

https://vimeo.com/799201709/9ee5644c5d

SOURCE: HTTPS://PORTAL.CT.GOV/DESPP/DIVISION OF STATE POLICE/CRIMES ANALYSIS UNIT/CRIMES ANALYSIS UNIT Crimes Analysis Unit

The Crime Analysis Unit provides various analytical services to the Connecticut State Police, the Connecticut Department of Emergency Services and Public Protection, Connecticut municipal police departments, the Federal Bureau of Investigation, the media, and other consumers of Connecticut crime and traffic statistics.The Crime Analysis Unit oversees several state-mandated programs, including the Connecticut Uniform Crime Reporting (UCR) Program, also referred to as the National Incident-Based Reporting Program (NIBRS), the Connecticut Family Violence Reporting Program, and the Connecticut Bias (Hate) Crime Reporting Program. In addition to these mandated programs, the Crime Analysis Unit maintains statistical and summary data on motor vehicle enforcements, accidents, and related traffic events handled by the Connecticut State Police.

For other inquires, please email Crimes Analysis at CTNIBRS@ct.gov.

•For current documents select a file from the list (see below)

•For historical documents prior to 2017 click this link: Publications and Queryable Statistics

•Additional queryable data is also available at: Crime in CT Spreadsheet

•To obtain official, published FBI statistics for other states or the entire US: Crime Data Explorer

•For American Rescue Plan Act (ARPA) Data: ARPA - American Rescue Plan Act - Data

TRAINING BY CCADV

Connecticut Crime Online (interactive)

•Data is preliminary and may be incomplete. It reflects data that the contributing agencies have provided.

Crimes Analysis Files

•Family Violence Program: DPS-230-C Family Violence Offense Report

•Training Video for filling out Family Violence Form: Click Here

•Law Enforcement Personnel: AGENCY FORM 10

DOCUMENT LIST

• 2022

• Crime in Connecticut 2022 Report

• Family Violence Detailed Report

• Family Violence Arrest Report

• Family Violence Homicide Report

• Bias Crime Report

• Crime in Connecticut Overview by Town

• 2021

• Crime in Connecticut 2021 Report

• Crime in Connecticut Overview By Town

• Crime in Connecticut Arrest Trends

• Crime in Connecticut Arrests

• Family Violence Detailed Report

• Family Violence Arrest Report

• Family Violence Homicide Report

• Bias Crime Report

DOCUMENT LIST

• 2020

• Crime in Connecticut Arrest Trends

• Crime in Connecticut Arrests

• Crime in Connecticut Arrests By Town Juvenile

• Crime in Connecticut Arrests By Town Adult

• Crime in Connecticut Offenses

• Crime in Connecticut Offenses By Town

• Crime in Connecticut 2020 Report

• Family Violence Arrest Report

• Family Violence Detailed Report

• Family Violence Homicide Report

• Bias Crime Report

• 2019

• Crime in Connecticut Arrest Trends

• Crime in Connecticut Arrests

• Crime in Connecticut Offenses

• Crime in Connecticut Report

• Family Violence Arrest Report

• Family Violence Detailed Report

• Family Violence Homicide Report

• Bias Crime Report

DOCUMENT LIST

• 2018

• Crime in Connecticut Report

• Family Violence Arrest Report

• Family Violence Detailed Report

• Family Violence Homicide Report

• Bias Crime Report

• 2017

• Bias Crime Report

• Crime in Connecticut Report

• Family Violence Arrest Report

• Family Violence Detailed Report

• Family Violence Homicide Report

CHAPTER 3

Physical Evidence in hate crimes

(general considerations)

FORENSIC TRACES

Hate Crimes Guidebook

INTRODUCTION

There are a wide variety of traces (material or chemical, biological and pattern) that are present at a scene which could prove to be useful in an investigation. At this scene, you will be responsible for evidence recognition, documentation, collection and/or field testing.

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This Photo by Unknown Author is licensed under CC BY

BACKGROUND

“Every Contact Leaves A Trace

BACKGROUND

Edmund Locard’s famous “Exchange Principle”, stated above, is the foundation for the scientific examination of a physical evidence. Traces are the remnants or signs of past activities or vestiges of the event, such as when used in the phrases “she vanished without a trace” or “no trace of it could be found”. Traces have great value for providing identification, association and reconstruction information in a case, however traces first must be properly recognized, documented, collected (if possible), and analyzed. Traces come in a great variety of different forms, and are often initially characterized as Transfer (or Trace) Evidence, Impression and Pattern Evidence, and Biological Evidence.

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TRANSFER EVIDENCE

Transfer (or trace) evidence describes items that generally have a small size of materials (often microscopic) that can be used to aid in an investigation by providing linkages, or associations, between potential suspects, victims, and scenes. It must be noted that these items may be of any size - the small size of the material is not a requirement for the designation of an item as a trace, which is why the term “transfer evidence” is preferred to “trace evidence”. However, it is the smaller traces which tend to be more commonly encountered due to being more readily transferred and less easily observed. Although any material has the potential to be considered as transfer evidence, the most common types include paint, fibers and fabrics, glass, soil, ignitable liquid residues, explosives, hoax powders, illicit drugs, and gunshot residue (GSR). Chemical evidence may be considered either a subset of trace evidence or its own category, which includes ignitable liquid residues, explosives, hoax powders and illicit drugs.

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IMPRESSION & PATTERN EVIDENCE

Impression and pattern evidence analysis includes the evaluation of any markings or traces that form a defined configuration or pattern, such as fingerprints, shoeprints, toolmarks, tire treads, questioned documents (handwriting, typewriting, and writing instruments), and bloodstains.

Impression evidence is created when two objects come in contact with enough force to create a two-dimensional imprint (i.e., a fingerprint) or a three-dimensional impression (i.e., the marks on a bullet caused by the barrel of a firearm, footwear outsole pattern in soil). Pattern evidence may be the additional identifiable information found within an impression or from other traces in a specific configuration. For example, shoeprint evidence can be compared with several footwear outsole patterns to identify a particular brand, model or size.

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IMPRESSION & PATTERN EVIDENCE

If a shoe is recovered from a suspect that has the same initial pattern, the forensic scientist can look for individualizing characteristics that are common between the shoe and the shoeprint, such as tread wear, cuts or nicks. Another example of pattern evidence analysis is the examination of the blood traces and their configuration at a scene to determine the manner of action from which they were created, such as those produced by a contact transfer wipe or through the swinging of a weapon resulting in an airborne cast-off pattern.

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BIOLOGICAL EVIDENCE

Biological evidence is an incredibly valuable type of trace which includes the analysis of blood and other physiological material (i.e., semen, saliva, vaginal secretions, fecal material, hair, urine, bone) to determine their identity and possibly source through DNA analysis. Because no two individuals would be expected to posses the same nuclear DNA type (except identical twins) a nuclear DNA match between a crime scene sample and an individual may have great significance in a case investigation

. In many cases, it is important to identify the specific type of biological sample (i.e., blood, semen, urine, skin cells, etc.) in addition to the source through DNA analysis. DNA technologies have improved to the point where a full profile can be developed from a single cell, thus it is now common to collect samples for forensic DNA testing from objects which may have had minimal contact with a person of interest (i.e., from a fingermark, a cigarette butt, lip of a cup or bottle).

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MATERIALS

Materials

The following materials will be available for all parts of this scene examination:

- Photography equipment, including a DSLR camera and tripod.

- Scale Ruler, L-square angle ruler, and/or measuring tape

- Evidence Collection Bags and Boxes of various sizes

Specialized tools and equipment are required for the scene investigation of certain traces, which include the following:

Ignitable Liquid Residue & Explosives

o Betk explosives test strips

o Arson Cans

o Forceps

Paint

o Sharp blade (i.e. razor blade)

o Druggist fold or coin envelope

o Magnifying lens or glass

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MATERIALS

Footwear Outsole Patterns

o Casting material

Fingerprints

o Fingerprint Powder and Brushes

o Gel Lifter

o Magnifying lens or glass

Biological Evidence

o Biological field tests

o Sterile swabs

Threat Letter

o none

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MATERIALS

Safety Precautions

Edmund Locard’s famous “Exchange Principle”, stated above, is the foundation for the scientific examination of a physical evidence. Traces are the remnants or signs of past activities or vestiges of the event, such as when used in the phrases “she vanished without a trace” or “no trace of it could be found”. Traces have great value for providing identification, association and reconstruction information in a case, however traces first must be properly recognized, documented, collected (if possible), and analyzed. Traces come in a great variety of different forms, and are often initially characterized as Transfer (or Trace) Evidence, Impression and Pattern Evidence, and Biological Evidence.

Care should be taken when working with chemicals (for field testing) and sharp tools (for the collection of traces).

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PROCEDURE

Ignitable Liquid Residue & Explosives

1. Document the location and orientation of traces from the suspected failed Molotov cocktail. In addition to the broken glass, what other traces do you observe?

2. Follow instructions on the Betk test strip to test for the presence of ignitable liquid residues or explosives.

a. What are the results of this testing? What conclusions can be made from this?

b. What are the capabilities and limitations of this field test?

3. Determine what items should be collected for laboratory analysis, and package them appropriately.

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PROCEDURE

1. Document the location and orientation of the paint evidence

2. Examine the paint evidence with magnification (i.e. a magnifying lens), and determine the manner of deposition (i.e., was it painted on with a brush, roller or spray painted)

3. Determine what item(s) should be collected for laboratory analysis, and package them appropriately.

Paint
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PROCEDURE

1. Document the location and orientation of the paint evidence

2. Examine the paint evidence with magnification (i.e. a magnifying lens), and determine the manner of deposition (i.e., was it painted on with a brush, roller or spray painted)

3. Determine what item(s) should be collected for laboratory analysis, and package them appropriately.

Paint
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FOOTWEAR OUTSOLE PATTERNS

Footwear Outsole Patterns

1. In the scene, decide where to look for footwear outsole patterns, and then examine those areas carefully.

2. Document the location and orientation of the footwear outsole pattern

3. Using the provided casting material (plaster of Paris or dental stone), cast the impression. Allow enough time for the cast to set.

4. Carefully remove the cast from the ground. Document the cast, and package appropriately.

a. Question: Should the cast be cleaned of soil and other traces prior to packaging? Why or why not?

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FINGERPRINTS

Fingerprints

1. In the scene, decide where to look for patent or latent fingerprints, and then examine those areas carefully.

2. Document the location and orientation of any fingermarks prior to enhancement (if needed) and/or collection.

3. If a suspected latent print is recognized, evaluate whether it requires enhancement to better see details of the imprint. You may choose to dust with fingerprint powder to improve the visualization of the latent prints.

4. If possible, collect the entire evidence item or lift the print for subsequent laboratory examination

HATES CRIMES GUIDEBOOK FORENSIC TRACES 75

BIOLOGICAL EVIDENCE

Biological Evidence

1. In the scene, decide where to look for biological evidence, and then examine those areas carefully.

2. Where there is a suspected biological trace, follow instructions on the provided biological test kits to test for the presence of a specific body fluid.

a. What are the results of this testing? What conclusions can be made from this?

b. What are the capabilities and limitations of this field test?

3. Evaluate the scene for other sources of biological evidence. Determine what samples should be packaged and sent to the lab for analysis and which items should be sampled in the field (i.e., swabbed and then sent to the lab).

4. Properly collect the items of evidence to be sent back to the lab, including swabs from items that may contain DNA.

HATES CRIMES GUIDEBOOK FORENSIC TRACES 76

THREAT LETTER

Threat Letter

1. The Hazmat team has determined that the threat letter does not contain a biological or chemical threat (i.e. Anthrax or nerve agent).

2. What testing, if any, can and should be done at the scene?

a. There are numerous portable instrumentations for the detection and identification of suspicious materials at a scene, each with their own capabilities and limitations. This will be discussed in detail at another time in this workshop.

3. Collected the item of evidence for laboratory analysis, and package it appropriately.

HATES CRIMES GUIDEBOOK FORENSIC TRACES 77

Police Involved Shooting

Incidents (Workshop 1)

CHAPTER 4

POLICE INVOLVED SHOOTING CONTENTS

a. Identification of problem and background case examples from news, and state reports

b. Scene investigation of shooting incidents

i. Special considerations of identifying & documenting evidence

ii. Links to videos, ppts, handouts of procedures

c. Issues in documentation

d. Community relations during police shooting investigations

e. CT office of the inspector general – what it is, how it works, link to last year’s report from the office.

f. Other approaches (if info available on how this is done in other jurisdictions) & in federal situations.

INTRODUCTION

Police-involved shootings represent critical and often controversial aspect of law enforcement, drawing significant public scrutiny and debate. These incidents occur when law enforcement discharge their firearms during interactions with civilians, which can result in injuries or fatalities. Factors influencing such events include perceived threat to officers or the public, the suspect’s behavior, and the broader context of the encounter. The repercussions are multifaceted, affecting the immediate individuals involved, sparking community reactions, and prompting legal, and policy reviews.

Addressing the complexities of police involved shootings involves balancing the need for officer and public safety with the imperative of accountability and transparency to foster trust between law enforcement and the communities they serve.

PURPOSE

The purpose of this chapter is to provide a comprehensive guide for police officers and the general public about officer involved shootings.

This chapter offers insights how such incidents can be better managed and prevented, ultimately contributing to the ongoing discourse of law enforcement reform and community safety.

Reference DOJ Article for more information: https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cop p350 pub.pdf

BRIEF SUMMARY OF KEY ISSUES AND THEMES

Historical Context:

• The evolution of policing practices and notable cases that have shaped public perception and policy.

HISTORICAL CONTEXT

Early forms of policing, such as night watchmen and constables, primarily focuses on maintaining order rather than enforcing laws as we understand them today.

SCENE INVESTIGATION

Immediate Securing of the Scene:

Ensuring the scene is secure to prevent contamination or tampering with evidence. This involves restricting access and maintaining a controlled environment until thorough investigation can be conducted.

Check ins of all authorities and civilians that are within the immediate area.

Prioritizing the protection of physical evidence, such as bullet casings, firearms, and bloodstains, from environmental factors and human interference.

EVIDENCE INTEGRITY

FBI collects data on use of force incidents

USE OF FORCE

Reference Article:

https://www.fbi.gov/how we can help you/more fbi services andinformation/ucr/use of force

DOCUMENTING POLICE INVOLVED SHOOTINGS

INVOLVES SEVERAL COMPLEX ISSUES, INCLUDING:

Inconsistent Reporting Standards:

There is no standardized national requirement for how police departments should document and report shootings. This leads to significant variations in the details and quality of reports between different jurisdictions.

Transparency and Public Access:

Access to records can be limited, making it difficult for the public and researchers to obtain comprehensive data. Some departments may withhold information citing ongoing investigations or privacy concerns.

Accuracy and Completeness:

Incomplete or inaccurate data can result from inadequate training on reporting procedures, intentional omission, or errors in the documentation process. This can lead to underreporting or misrepresentation of incidents.

Political and Institutional Bias: Reporting may be influenced by political or institutional biases, where departments may downplay or mischaracterize shootings to protect the image of the police force or local government.

Legal and Policy Variations:

Differences in state laws and local policies regarding the use of force and documentation requirements can create inconsistencies.What is mandatory in one state may be optional in another, complicating efforts to gather uniform data.

ISSUES WITH REPORTING

Technological Limitations: Some departments may lack the technological infrastructure to systematically document and share data on police shootings. This can lead to fragmented records and hinder comprehensive data analysis.

Data Integration Challenges: Integrating data from various sources (e.g., police reports, body cameras, 911 calls) can be difficult due to incompatible systems and lack of interoperability between agencies.

Public Trust and Cooperation: Public trust in law enforcement affects the willingness of witnesses to come forward and provide accurate accounts. Lack of trust can result in less cooperation and fewer reliable witness statements. Addressing these issues requires coordinated efforts to standardize reporting, improve transparency, enhance training, and leverage technology to ensure accurate and comprehensive documentation of police involved shootings.

Community relations significantly influence policeinvolved shootings

Trust and Cooperation:

Strong community relations foster trust and cooperation between the police and the public. This can lead to better communication, more effective policing, and reduced tension, potentially decreasing the likelihood of confrontational encounters that may escalate to shootings.

Michael Brown in Ferguson, Missouri

DOJ Investigation: https://www.justice.gov/sites/default/files/opa/pressreleases/attachments/2015/03/04/doj_report_on_shootin g_of_michael_brown_1.pdf

COMMUNITY RELATIONS

COMMUNITY RELATIONS

Perceptions of Legitimacy:

Positive community relations enhance the perception of police legitimacy.When the community views the police as legitimate and fair, there is often greater compliance and less resistance during interactions, reducing the chances of violence.

De-escalation and Cultural Competency:

Effective community relations often involve training police officers in de escalation techniques and cultural competency. This training can help officers handle potentially volatile situations more calmly and respectfully, thereby reducing the incidence of shootings.

CT OFFICE OF INSPECTOR GENERAL

The Office of Inspector General (OIG) in Connecticut, established in 2021, investigates use of force by peace officers and prosecutes cases of unjustified force or failures to report such incidents. Led by Robert J. Devlin, Jr., a former judge and federal prosecutor, the OIG ensures accountability and transparency in law enforcement. The office handles cases where police or correctional officers do not comply with legal standards for intervention and reporting in use of force incidents. For more information, visit the [Office of Inspector General] (https://portal.ct.gov/dcj/content/office of inspector general)

CT OFFICE OF INSPECTOR GENERAL REPORT 2023 https://portal.ct.gov/-/media/dcj/2023oigannual-report.pdf https://portal.ct.gov/-/media/dcj/2023oigannual-report.pdf Please refer to last years annual report from the office of the inspector general for your convenience https://portal.ct.gov//media/dcj/2023oigannual-report.pdf

ADDITIONAL MATERIALS FOR YOU

POLICE INVOLVED SHOOTINGS

International Association of Chiefs of Police: https://www.theiacp.org/resources/document/officer involved shootingsinvestigative protocols guide for law enforcement

CT Department of Emergency Services and Public Protection: https://portal.ct.gov/despp/division of state police/transparency portal/officerinvolved shooting investigations

CHAPTER 5

Hate Crimes Scene Analysis and Evidence

(Workshop 2)

Shooting reconstruction in forensics involves analyzing the crime scene to determine the events surrounding a shooting. Key aspects include examining bullet trajectories, gunshot residue, wound ballistics, and impact marks. Forensic experts use this information to establish the shooter's position, firing distance, and the sequence of shots. Techniques like 3D laser scanning, ballistic gel testing, and computer simulations are often employed. This reconstruction helps corroborate witness statements, identify inconsistencies, and provide a clear narrative for legal proceedings.

Crime scene investigation (CSI) involves a systematic process to preserve, document, and analyze physical evidence at a crime scene. Key steps include securing the scene to prevent contamination, conducting a thorough walkthrough to identify evidence, photographing and sketching the scene, collecting physical evidence like fingerprints, DNA, and trace materials, and maintaining a chain of custody to ensure evidence integrity. Forensic experts then analyze the collected evidence to reconstruct events, identify suspects, and support legal proceedings. Effective CSI is crucial for solving crimes and securing convictions.

GUNSHOT RESIDUE (GSR)

Gunshot residue (GSR) consists of tiny particles expelled when a firearm is discharged. These particles can settle on the shooter, nearby surfaces, and objects. Analyzing GSR helps forensic investigators determine if a person has recently fired a gun or been in close proximity to a discharged firearm. Detection methods include scanning electron microscopy and energy dispersive X-ray spectroscopy. GSR analysis is crucial in criminal investigations to establish connections between suspects and shooting incidents.

Gunshot residue (GSR) analysis can help estimate the distance between the shooter and the target.When a firearm is discharged, GSR particles disperse in a pattern that changes with distance. At close range, GSR is more concentrated and found on the target, while at greater distances, the residue is more dispersed and less detectable. Forensic experts use this distribution pattern to infer the shooting distance, aiding in crime scene reconstruction and corroborating witness statements.

GUNSHOT RESIDUE (GSR)

Click here: Gunshot Residue Overview Video

MOLOTOV EXPLOSIVE TESTING

Molotov explosive testing involves evaluating the effects and efficiency of Molotov cocktails, which are improvised incendiary devices typically made from glass bottles filled with flammable liquids and fitted with a rag wick. Testing these devices helps understand their impact, ignition methods, and safety hazards. It is often conducted under controlled conditions to assess their behavior, potential for harm, and effectiveness in various scenarios. This information aids in forensic investigations and safety protocols.

EXPLOSIVE TESTING

Explosive Test Swab Directions

FORENSIC SCIENTISTS CAN USE RADIAL GLASS CRACKS IN SEVERAL WAYS TO GATHER VALUABLE INFORMATION AT A CRIME SCENE.

RADIAL CRACKS ARE FRACTURE LINES THAT RADIATE OUTWARD FROM THE POINT OF IMPACT, RESEMBLING THE SPOKES OF A WHEEL.

Here are the key uses of radial glass cracks in forensic investigations:

1. Determining the Direction of Force:

Radial cracks help identify the direction from which the force was applied. They typically start on the side opposite to the force's origin and propagate outwards. This can indicate whether an object or projectile came from inside or outside a structure.

2. Sequence of Impacts:

By examining the overlapping of cracks, forensic scientists can establish the sequence of multiple impacts. Radial cracks from a subsequent impact will stop when they intersect with radial or concentric cracks from a prior impact.

3. Reconstructing the Event:

Analysis of radial cracks can provide insights into the events that led to the glass breaking. This can help reconstruct the crime scene, offering clues about the actions and movements of individuals involved.

RADIAL GLASS CRACKS

4. Identifying the Type of Object Used:

The pattern and extent of radial cracks can sometimes give clues about the type of object or weapon used. For instance, a high velocity impact, like a bullet, tends to create a different crack pattern compared to a blunt object.

5. Estimating Force Applied:

The size and length of radial cracks can help estimate the amount of force applied to break the glass. Larger and more extensive radial cracks suggest a higher force.

Type of Glass:

Different types of glass (e.g., tempered, laminated) break in distinct ways. Radial cracks can help determine the type of glass, which can be important in understanding the context of the crime. By meticulously analyzing radial glass cracks, forensic scientists can gather critical evidence that contributes to solving crimes and understanding the sequence of events leading to the glass breakage.

CHAPTER 6

Digital / e-crimes evidence in Hate Crimes (Workshop 3)

https://www.cnss.gov/CNSS/openDoc.cfm?a=jcUradw12%2Bm0e%2F%2FOv9AvNw% 3D%3D&b=259A534F116

https://www.swgde.org/glossary

https://www.exterro.com/basics of digital forensics https://www.sciencedirect.com/topics/computerscience/volatileevidence#:~:text=The%20Foundations%20of%20Digital%20Forensics &text=Evidence%20that%20is%20only%20

REFERENCES
MAGNET FORENSICS AXIOM TUTORIAL Click here for tutorial: https://www.youtube.com/watch?v=N4G1ckkYj3Elist=PLrDSw3yTk3Xja5GQoJokw4R6izUoBj8bU https://www.youtube.com/watch?v=N4G1ckkYj3Elist=PLrDSw3yTk3Xja5GQoJokw4R6izUoBj8bU https://www.youtube.com/watch?v=N4G1ckkYj3Elist=PLrDSw3yTk3Xja5GQoJokw4R6izUoBj8bU CLICK HERE FOR TUTORIAL: HTTPS://WWW.YOUTUBE.COM/WATCH?V=N4G 1CKKYJ3E&LIST=PLRDSW3YTK3XJA5GQOJOKW4 R6IZUOBJ8BU

CELLEBRITE READER OVERVIEW

Click Here for Cellebrite Overview

Click Here for Cellebrite Tutorial

https://athenaforensic s.co.uk/wpcontent/uploads/2019 /01/ScientificWorking-Group-onDigital-Evidence-BestPractices-ComputerForensics-09-052014.pdf

https://athenaforensics.co.uk/wp-content/uploads/2019/01/Scientific-Working-Group-on-Digital-Evidence-Best-Practices-Computer-Forensics-09-05-2014.pdf https://athenaforensics.co.uk/wp-content/uploads/2019/01/Scientific-Working-Group-on-Digital-Evidence-Best-Practices-Computer-Forensics-09-05-2014.pdf https://athenaforensics.co.uk/wp-content/uploads/2019/01/Scientific-Working-Group-on-Digital-Evidence-Best-Practices-Computer-Forensics-09-05-2014.pdf

https://www.irisinvestigations.com/wp-content/uploads/2018/07/SWGDE-Best-Practices-for-Maintaining-the-Integrity-of-Imagery-071817.pdf

https://www.irisinvestigations.com/wp-content/uploads/2018/07/SWGDE-Best-Practices-for-Maintaining-the-Integrity-of-Imagery-071817.pdf

https://www.irisinvestigations.com/wp-content/uploads/2018/07/SWGDE-Best-Practices-for-Maintaining-the-Integrity-of-Imagery-071817.pdf

https://www.irisinvestigations.com/wp-content/uploads/2018/07/SWGDE-Best-Practices-for-Maintaining-the-Integrity-of-Imagery-071817.pdf

https://www.irisinvestigations.com/wp-content/uploads/2018/07/SWGDE-Best-Practices-for-Maintaining-the-Integrity-of-Imagery-071817.pdf

https://www.irisinvestigations.com/wp-content/uploads/2018/07/SWGDE-Best-Practices-for-Maintaining-the-Integrity-of-Imagery-071817.pdf https://www.swgde.org/documents/published-by-committee/forensics/

https://www.irisinvestigati ons.com/wpcontent/uploads/2018/07/ SWGDE-Best-Practices-forMaintaining-the-Integrityof-Imagery-071817.pdf

CLICK
https://athenaforensics.co.uk/wp-content/uploads/2019/01/Scientific-Working-Group-on-Digital-Evidence-Best-Practices-Computer-Forensics-09-05-2014.pdf https://athenaforensics.co.uk/wp-content/uploads/2019/01/Scientific-Working-Group-on-Digital-Evidence-Best-Practices-Computer-Forensics-09-05-2014.pdf https://athenaforensics.co.uk/wp-content/uploads/2019/01/Scientific-Working-Group-on-Digital-Evidence-Best-Practices-Computer-Forensics-09-05-2014.pdf https://athenaforensics.co.uk/wp-content/uploads/2019/01/Scientific-Working-Group-on-Digital-Evidence-Best-Practices-Computer-Forensics-09-05-2014.pdf https://athenaforensics.co.uk/wp-content/uploads/2019/01/Scientific-Working-Group-on-Digital-Evidence-Best-Practices-Computer-Forensics-09-05-2014.pdf https://athenaforensics.co.uk/wp-content/uploads/2019/01/Scientific-Working-Group-on-Digital-Evidence-Best-Practices-Computer-Forensics-09-05-2014.pdf
ADDITIONAL MATERIALS
AN ARROW
https://www.swgde.org/documents/published-by-committee/forensics/ https://www.swgde.org/documents/published-by-committee/forensics/ https://www.swgde.org/documents/published-by-committee/forensics/ https://www.swgde.org/documents/published-by-committee/forensics/ https://www.swgde.org/documents/published-by-committee/forensics/ https://www.swgde.org/documents/published-by-committee/forensics/ https://www.swgde.org/documents/published-by-committee/forensics/ https://www.swgde.org/documents/published-by-committee/forensics/ Forensic Guide
https://w
committe
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1
ww.swgd e.org/doc uments/p ublishedby-
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Forensic Guide

DISCLAIMER

This serves as a guidebook and doesn’t depict official stances by the Department of Justice

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