Criminal Investigation (Justice Series), 3rd Edition Michael D Lyman Instructos Manual with Test Ban

Online Instructor’s Manual with Test Bank for

Criminal Investigation Third Edition Michael D. Lyman Columbia College of Missouri

i

Contents To the Instructor Syllabi

iv v

Chapter 1: Foundations of Criminal Investigation 1 Chapter 2: The Crime Scene: Field Notes, Documenting, and Reporting 14 Chapter 3: Processing the Crime Scene 28 Chapter 4: Identifying Criminal Suspects: Field and Laboratory Processes 40 Chapter 5: Legal Issues in Criminal Investigation 53 Chapter 6: Interviews and Interrogations 69 Chapter 7: Criminal Intelligence and Surveillance Operations 82 Chapter 8: Informant Management and Undercover Operations 95 Chapter 9: Death Investigations 107 Chapter 10: Robbery 119 Chapter 11: Assault and Related Offenses 129 Chapter 12: Missing and Abducted Persons 139 Chapter 13: Crimes against Children: Child Abuse and Child Fatalities 150 Chapter 14: Theft-Related Offenses 166 Chapter 15: Arson and Bombings 181 Chapter 16: Terrorism and National Security Crimes 191 Test Bank

232

iii

To the Instructor The instructor’s manual is a comprehensive document that includes a chapter overview, chapter objectives, a lecture outline, and answers to the suggested answers to the end-of-chapter assignments (Learning Outcomes).

iv

Course Syllabus (10 weeks) Course Title: Criminal Investigations Credit Hours: Date: Prerequisite:

Course Number: Course Length: 10 Weeks Course Schedule: Instructor: Phone: Email:

Course Description: This course covers the fundamental principles and procedures employed in the investigation of crimes. It is a comprehensive introduction to criminal investigation, from the point of police responding to the crime, collection of evidence, and police reports. The course connects criminal investigation cases to the real world through innovative pedagogy, and encourages students to think critically. This course is designed to develop a working knowledge of the steps of investigation beginning with the initial security of the crime scene and concluding with the presentation of evidence.

Course Materials •

Criminal Investigations Michael D Lyman, University of Missouri ISBN-10: 0-13-358794-0 ISBN-13: 978-0-13-358794-4 ©2016 • Prentice Hall

Course Assignments • Exams (50 points each – 200 points) There are four (4) multiple-choice exams. The exams are not cumulative but will be based on the chapters presented immediately preceding each exam. The format for the exam may consist of some type of multiple choices, fill-ins the blanks, and/or essay questions that pertain to all of the information presented.

• Instructor assignments (10 points each – 100 points) Assignments will be given out throughout the semester. Students are expected to complete each assignment and submit them on the due date.

• “The Case” assignments (10 points each for 100 points) Students will complete “The Case” assignment at the end of each chapter. Students are expected to submit them on the due date.

• Project Paper (100 Points) Students will write a research paper about a criminal procedures topic that is of interest to them. The paper will be in APA format and contain an introduction, the body of the research, and a conclusion. The paper must contain in-text citations from at least three v

sources. One of the sources must be the textbook.

APA Style: Papers that you write in your program of study must follow the guidelines set by the American Psychological Association. (http://apastyle.apa.org/) Long Island University: (http://www2.liu.edu/cwis/cwp/library/workshop/citapa.htm) Purdue Online Writing Lab: (http://owl.english.purdue.edu/owl/resource/560/01/) Visit the Online Writing Lab (called OWL) whenever you have an APA question.

APA Tutorial (http://www.apastyle.org/learn/) This tutorial teaches how to write using the APA format.

Academic Dishonesty/Plagiarism In the learning environment, professional attitude begins in the classroom. For that reason, students and faculty will not tolerate or commit any form of academic dishonesty. Any form of deception in the completion of assigned work is considered a form of academic dishonesty. This includes, but is not limited to: •

Copying work from any source.

•

Assisting, or allowing another to assist you, to commit academic dishonesty.

•

Any attempt to share answers whether during a test or in the submittal of an assignment.

•

Any attempt to claim work, data or creative efforts of another as your own.

•

Resubmitting graded assignments for use in multiple classes (recycling your work).

•

Knowingly providing false information about your academic performance to the college.

•

To avoid plagiarism, do not "copy and paste" into assignments without using quotation marks and citing, in APA format, the source of the material.

Plagiarism •

Papers that you write in your program of study must follow the guidelines set by the American Psychological Association (APA). Using another’s intellectual creation without permission or without giving appropriate credit is the academic equivalent of theft.

Consequences of Academic Dishonesty/Plagiarism All violations of academic policy are documented and made a part of the student's academic record. When academic dishonesty is confirmed, the student will immediately be notified of the incident, which may result in one or more of the actions listed below: vi

•

Reduction in grade on the assignment on which the violation occurred

•

No credit on the assignment, paper, test, or exam on which the violation occurred

•

A failing grade for the course

•

Suspension from the college

Grade Categories

Total Points

4 Quarterly Exams

200

Instructor Assignments (IA)

100

The Case” Assignments

100

Project Paper

100

Total:

500

Grading Scale Letter Grade A

Point Scale

Interpretation

450-500

Excellent

B

400-449

Good

C

350-399

Average

D

300-349

Below Average

F

Below 300

Failed to Meet Course Objective

vii

Class Schedule Week 1

Introduction Overview of syllabus and course material Ice breaker: “Who are you?”

Pre-Test Chapter 1: Foundations of Criminal Investigations

During this first week you will be introduced to the course, given your “The Case” assignment, and walked through the syllabus.

You will also be given the first Instructor Assignment (IA). You will also receive clarification on the research paper so you can get started.

You will view the first PowerPoint lecture and participate in class exercises and discussions to earn participation points. Lastly, you will take a pre-test that is not graded.

IA #1 – (10 points) Due ___________ “The Case” for Chapter 1 (10 points) Due __________

Reading for next week: Ch 2 &3 Week 2

Chapter 2: The Crime Scene: Field Notes, Documenting, & Reporting PowerPoint Lecture Chapter 3: Processing the Crime Scene

Week 3

PowerPoint Lecture Chapter 4: Identifying Criminal Suspects: Field & Laboratory Process PowerPoint Lecture Chapter 5: Legal Issues in Criminal Investigations

During this class you will participate in a discussion about IA #1 & “The Case.”

You will view a PowerPoint lecture for Chapters 2 & 3 and participate in class exercises and discussions to earn participation points.

IA #2 – (10 points) Due ___________ “The Case” for Chapter 2 (10 points) Due __________

Reading for next week: Ch 4 &5 During this class you will participate in a discussion about IA #2 & “The Case.”

You will view a PowerPoint lecture for Chapters 4 & 5 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 6 viii

IA #3 – (10 points) Due ___________ “The Case” for Chapter 4 (10 points) Due __________

PowerPoint Lecture Week 4

Chapter 6: Interviews and Interrogations PowerPoint Lecture Chapter 7: Criminal Intelligence and Surveillance Operations

Week 5

PowerPoint Lecture Chapter 8: Informant Management and Undercover Operations PowerPoint Lecture Chapter 9: Death Investigations PowerPoint Lecture

Week 6

Chapter 10: Robbery PowerPoint Lecture Chapter 11: Assault Related Offenses PowerPoint Lecture

Week 7

Chapter 12: Missing and Abducted Persons PowerPoint Lecture Chapter 13: Crimes Against Children: Child Abuse and

&7 Exam 1 During this class you will participate in a discussion about IA #3 & “The Case.”

You will view a PowerPoint lecture for Chapters 6 & 7 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 8 &9 During this class you will participate in a discussion about IA #4 & “The Case.”

You will view a PowerPoint lecture for Chapters 8 & 9 and participate in class exercises and discussions to earn participation points.

IA #4 – (10 points) Due ___________ “The Case” for Chapter 6 (10 points) Due __________

IA #5 – (10 points) Due ___________ “The Case” for Chapter 8 (10 points) Due __________

Reading for next week: Ch 10 & 11 Exam 2 During this class you will participate in a discussion about IA #5 & “The Case.”

You will view a PowerPoint lecture for Chapters 10 & 11 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 12 & 13 During this class you will participate in a discussion about IA #6 & “The Case.”

You will view a PowerPoint lecture for Chapters 12 & 13 and participate in class exercises and discussions to earn participation points. ix

IA #6 – (10 points) Due ___________ “The Case” for Chapter 10 (10 points) Due __________

IA #7 – (10 points) Due ___________ “The Case” for Chapter 12 (10 points) Due __________

Child Fatalities

Week 8

PowerPoint Lecture Chapter 14: TheftRelated Offenses PowerPoint Lecture Chapter 15: Arson and Bombings

Reading for next week: Ch 14 & 15 During this class you will participate in a discussion about IA #7 & “The Case.”

You will view a PowerPoint lecture for Chapters 14 & 15 and participate in class exercises and discussions to earn participation points.

IA #8 – (10 points) Due ___________ “The Case” for Chapter 14 (10 points) Due __________

PowerPoint Lecture Reading for next week: Ch 16

Week 9

Chapter 16: Terrorism and National Security Crimes PowerPoint Lecture

Week 10

Exam 4

Exam 3 During this class you will participate in a discussion about IA #9 & 10 & “The Case.” You will view a PowerPoint lecture for Chapter 16 and participate in class exercises and discussions to earn participation points.

Prepare for 4th Exam Exam 4

IA #9 & #10 – (10 points) Due ___________ “The Case” for Chapter 14 & 16 (10 points) Due __________

Exam 4

Class rules • Attendance The requirement to attend class should not be taken lightly. Attendance is considered an important part of the course. Excessive unexcused absences will negatively impact on the classroom participation grade as well.

• Make-ups Students who have scheduling conflicts with an exam are expected to make arrangements with instructor in advance. Students are allowed one make-up on an exam per semester. The make-up date and time will be announced by the instructor. There is no make-up on the final exam.

• Student Conduct Students are responsible for knowing the regulations of the department, college, and university with regards to topics such as withdrawals, incomplete grades, student conduct, and academic misconduct (those who engage in any form of academic dishonesty will fail this course).

Students may review these rules at: ___________. x

• No use of cell phones will be allowed in the classroom.

Content and Development Points Earned 35 Points /35 Additional Comments: All key elements of the assignment are covered in a substantive way.

• Students chose a relevant topic.

• The body of the paper is at least ___________ in length The content is comprehensive, accurate, and persuasive.

Major points are stated clearly; are supported by specific details, examples, or analysis; and are organized logically.

The introduction provides sufficient background on the topic and previews major points.

The conclusion is logical, flows from the body of the paper, and reviews the major points.

Readability and Style Points Earned 7.5 Points /7.5 Additional Comments: Paragraph transitions are present, logical, and maintain the flow throughout the paper.

The tone is appropriate to the content and assignment.

Sentences are complete, clear, and concise.

Sentences are well constructed, with consistently strong, varied sentences.

Sentence transitions are present and maintain the flow of thought.

Mechanics Points Earned 7.5 Points /7.5 Additional Comments: The paper, including the title page and reference page follows APA formatting guidelines.

Citations of original works within the body of the . paper follow APA guidelines.

The paper is laid out with effective use of headings, font styles, and white space.

Rules of grammar, usage, and punctuation are followed.

Spelling is correct.

Total Points Earned 50 Points /50 Overall Comments: xi

Syllabus (16 weeks) Grading Rubric

Course Title: Criminal Investigations Credit Hours: Date: Prerequisite:

Course Number: Course Length: 16 Weeks Course Schedule: Instructor: Phone: Email:

Course Description: This course covers the fundamental principles and procedures employed in the investigation of crimes. It is a comprehensive introduction to criminal investigation, from the point of police responding to the crime, collection of evidence, and police reports. The course connects criminal investigation cases to the real world through innovative pedagogy, and encourages students to think critically. This course is designed to develop a working knowledge of the steps of investigation beginning with the initial security of the crime scene and concluding with the presentation of evidence.

Course Materials • • • •

Criminal Procedure Michael D Lyman, University of Missouri ISBN-10: 0-13-358794-0 ISBN-13: 978-0-13-358794-4 ©2016 • Prentice Hall

Course Assignments • Exams (50 points each – 200 points) There are three (3) multiple-choice exams. The exams are not cumulative but will be based on the chapters presented immediately preceding each exam.

• Final exam (100 points) There will be final exam for this class. The format for the exam may consist of some type of multiple choices, fill-ins the blanks, and/or essay questions that pertain to all of the information presented.

• Instructor assignments (10 points each – 100 points) Assignments will be given out throughout the semester. Students are expected to complete each assignment and submit them on the due date.

• Project Paper (100 Points) Students will write a research paper about a topic in Criminal Procedures that is of xii

interest to them. The paper will be in APA format and contain an introduction, the body of the research, and a conclusion. The paper must contain in-text citations from at least three sources. One must be the textbook.

APA Style: Papers that you write in your program of study must follow the guidelines set by the American Psychological Association. (http://apastyle.apa.org/) Long Island University: (http://www2.liu.edu/cwis/cwp/library/workshop/citapa.htm) Purdue Online Writing Lab: (http://owl.english.purdue.edu/owl/resource/560/01/) Visit the Online Writing Lab (called OWL) whenever you have an APA question.

APA Tutorial (http://www.apastyle.org/learn/) This tutorial teaches how to write using the APA format.

Academic Dishonesty/Plagiarism In the learning environment, professional attitude begins in the classroom. For that reason, students and faculty will not tolerate or commit any form of academic dishonesty.

Any form of deception in the completion of assigned work is considered a form of academic dishonesty. This includes, but is not limited to: •

Copying work from any source.

•

Assisting, or allowing another to assist you, to commit academic dishonesty.

•

Any attempt to share answers whether during a test or in the submittal of an assignment.

•

Any attempt to claim work, data or creative efforts of another as your own.

•

Resubmitting graded assignments for use in multiple classes (recycling your work).

•

Knowingly providing false information about your academic performance to the college.

•

To avoid plagiarism, do not "copy and paste" into assignments without using quotation marks and citing, in APA format, the source of the material.

Plagiarism •

Papers that you write in your program of study must follow the guidelines set by the American Psychological Association (APA). Using another’s intellectual creation without permission or without giving appropriate credit is the academic equivalent of theft.

• Consequences of Academic Dishonesty/Plagiarism xiii

All violations of academic policy are documented and made a part of the student's academic record. When academic dishonesty is confirmed, the student will immediately be notified of the incident, which may result in one or more of the actions listed below: •

Reduction in grade on the assignment on which the violation occurred

•

No credit on the assignment, paper, test, or exam on which the violation occurred

•

A failing grade for the course

•

Suspension or dismissal from the college

Grade Categories

Total Points

4 Quarterly Exams

200

Instructor Assignments (IA)

100

The Case” Assignments

100

Project Paper

100

Total:

500

Grading Scale Letter Grade A

Point Scale

Interpretation

450-500

Excellent

B

400-449

Good

C

350-399

Average

D

300-349

Below Average xiv

F

Below 300

Failed to Meet Course Objective

Class Schedule Week 1

Introduction Overview of syllabus and course material Ice breaker: “Who are you?”

Pre-Test Chapter 1: Foundations of Criminal Investigations

During this first week you will be introduced to the course, given your “The Case” assignment, and walked through the syllabus. You will also be given the first Instructor Assignment (IA). You will also receive clarification on the research paper so you can get started. You will view the first PowerPoint lecture and participate in class exercises and discussions to earn participation points. Lastly, you will take a pre-test that is not graded.

IA #1 – (10 points) Due ___________ “The Case” for Chapter 1 (10 points) Due __________

Reading for next week: Ch 2 Week 2

Chapter 2: The Crime Scene: Field Notes, Documenting, & Reporting

PowerPoint Lecture

Week 3

Chapter 3: Processing the Crime Scene PowerPoint Lecture

Week 4

Chapter 4: Identifying Criminal Suspects: Field & Laboratory Process

During this class you will participate in a discussion about IA #1 & “The Case” Ch 1. You will view a PowerPoint lecture for chapter 2 & 3 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 3 During this class you will participate in a discussion about IA #2 & “The Case” Ch 2. You will view a PowerPoint lecture for chapter 3 & 5 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 4 During this class you will participate in a discussion about IA #3. You will view a PowerPoint lecture for chapter 4 xv

IA #2 – (10 points) Due ___________ “The Case” for Chapter 2 (10 points) Due __________

IA #3 – (10 points) Due ___________

IA #4 – (10 points) Due ___________ “The Case” for

PowerPoint Lecture

and participate in class exercises and discussions to earn participation points.

Chapter 4 (10 points) Due __________

Exam #1

Week 5

Chapter 5: Legal Issues in Criminal Investigations PowerPoint Lecture

Week 6

Chapter 6: Interviews and Interrogations PowerPoint Lecture

Week 7

Chapter 7: Criminal Intelligence and Surveillance Operations

PowerPoint Lecture

Week 8

Reading for next week: Ch 5 During this class you will participate in a discussion about IA #4 & “The Case” Ch 4. You will view a PowerPoint lecture for chapter 5 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 6 During this class you will participate in a discussion about IA #5. You will view a PowerPoint lecture for chapter 6 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 7 During this class you will participate in a discussion about “The Case” Ch 6. You will view a PowerPoint lecture for chapter 7 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 8 Chapter 8: Informant During this class you will Management and participate in a discussion about Undercover IA #6 & “The Case” Ch 7. You Operations will view a PowerPoint lecture for chapter 8 and participate in PowerPoint Lecture class exercises and discussions to earn participation points.

IA #5 – (10 points) Due ___________

“The Case” for Chapter 6 (10 points) Due __________

IA #6 – (10 points) Due ___________ “The Case” for Chapter 7 (10 points) Due __________

“The Case” for Chapter 8 (10 points) Due __________

Exam #2

Week 9

Chapter 9: Death Investigations

Reading for next week: Ch 9 During this class you will participate in a discussion about xvi

IA #7 – (10 points) Due ___________

PowerPoint Lecture

Week 10

Chapter 10: Robbery PowerPoint Lecture

Week 11

Chapter 11: Assault Related Offenses

PowerPoint Lecture

Week 12

“The Case” Ch 8. You will view a PowerPoint lecture for chapter 9 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 10 During this class you will participate in a discussion about IA #7. You will view a PowerPoint lecture for chapter 10 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 11 During this class you will participate in a discussion about “The Case” Ch 10. You will view a PowerPoint lecture for chapter 11 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 12 Chapter 12: Missing During this class you will and Abducted participate in a discussion about Persons IA #8. You will view a PowerPoint lecture for chapter PowerPoint Lecture 12 and participate in class exercises and discussions to earn participation points.

“The Case” for Chapter 10 (10 points) Due __________

IA #8 – (10 points) Due ___________

“The Case” for Chapter 12 (10 points) Due __________

Exam #3

Week 13

Chapter 13: Crimes Against Children: Child Abuse and Child Fatalities PowerPoint Lecture

Week 14

Chapter 14: TheftRelated Offenses

Reading for next week: Ch 13 During this class you will participate in a discussion about “The Case” Ch 12. You will view a PowerPoint lecture for chapter 13 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 14 During this class you will participate in a discussion about xvii

IA #9 – (10 points) Due ___________ “The Case” for Chapter 13 (10 points) Due __________

PowerPoint Lecture

Week 15

Chapter 15: Arson and Bombings PowerPoint Lecture Chapter 16: Terrorism and National Security Crimes

IA #9 & “The Case” Ch 13. You will view a PowerPoint lecture for chapter 14 and participate in class exercises and discussions to earn participation points.

Reading for next week: Ch 15 & 16 During this class you will participate in a discussion about “The Case” Ch 14. You will view a PowerPoint lecture for chapter 15 & 16 and participate in class exercises and discussions to earn participation points.

“The Case” for Chapter 14 (10 points) Due __________

IA #10 – (10 points) Due ___________ “The Case” for Chapter 1 (10 points) Due __________

PowerPoint Lecture Week 16

Exam #4

Exam #4

Exam #4

Class rules • Attendance The requirement to attend class should not be taken lightly. Attendance is considered an important part of the course. Excessive unexcused absences will negatively impact on the classroom participation grade as well.

• Make-ups Students who have scheduling conflicts with an exam are expected to make arrangements with instructor in advance. Students are allowed one make-up on an exam per semester.

The make-up date and time will be announced by the instructor. There is no make-up on the final exam.

• Student Conduct Students are responsible for knowing the regulations of the department, college, and university with regards to topics such as withdrawals, incomplete grades, student conduct, and academic misconduct (those who engage in any form of academic dishonesty will fail this course). Students may review these rules at: ___________.

•

No use of cell phones will be allowed in the classroom.

Grading Rubric xviii

Content and Development 35 Points

Points Earned /35 Additional Comments:

All key elements of the assignment are covered in a substantive way.

• Students chose a relevant topic.

• The body of the paper is at least ___________ in length The content is comprehensive, accurate, and persuasive.

Major points are stated clearly; are supported by specific details, examples, or analysis; and are organized logically.

The introduction provides sufficient background on the topic and previews major points.

The conclusion is logical, flows from the body of the paper, and reviews the major points.

Readability and Style 7.5 Points

Points Earned /7.5 Additional Comments:

Paragraph transitions are present, logical, and maintain the flow throughout the paper.

The tone is appropriate to the content and assignment.

Sentences are complete, clear, and concise.

Sentences are well constructed, with consistently strong, varied sentences.

Sentence transitions are present and maintain the flow of thought.

Mechanics 7.5 Points The paper, including the title page and reference page follows APA formatting guidelines.

Citations of original works within the body of the paper follow APA guidelines.

The paper is laid out with effective use of headings, font styles, and white space.

Rules of grammar, usage, and punctuation are followed.

Spelling is correct.

Total 50 Points Overall Comments:

Points Earned /7.5 Additional Comments:

.

Points Earned /50

xix

Chapter 1 Foundations of Criminal Investigations CHAPTER OVERVIEW The beginning of this chapter focuses on the history of criminal investigation. It initially recognizes that criminal investigation began in England and briefly reviews the beginnings if policing by the Bow Street Runners of the Henry Fielding during the 1750’s to Sir Robert Peel’s first paid police officers known as the “bobbies.”

After establishing the history of policing and criminal investigation in England it moves to the United States and discusses the history of criminal investigation in the United States. The first police departments in America were Boston in 1837, New York in 1844, and Philadelphia in 1854. Federal Initiatives for criminal investigators began in 1865 with the creation of the United States Secret Service used to the Drug Enforcement Agency (DEA) was created in 1973 from the Federal Bureau of Narcotics.

The next section discusses the evolution of research and science in forensic science. It reviews concepts such as serology and forensic pathology. The chapter moves forward covering criminal investigations. It talks of the RAND and PERF studies of the early 1970’s and their effect on police departments. Both of these studies make recommendations for police from first arrival on scene of a crime to investigation past that point.

The next piece of the chapter reviewed is the objectives of criminal investigation. It discusses what the purposes of police response to crime as well as how to look for evidence at crime scenes. It further speaks of the using technological advances in evidence collection.

Then the chapter talks about reasoning. This reasoning section reviews inductive and deductive reasoning when looking at a crime scene. It takes it further to the concept of abduction when using reasoning to determine criminal activity The chapter then takes a focus on the emergence of the police specialist at crime scenes, types of investigations, crime scene investigators, and the modes of investigation. These are all important discussions as to response to crime scenes, who should investigate, and how.

The role of the criminal investigator becomes the next subject of discussion and it speaks about good characteristics of an investigator. It goes further looking at how patrol officers can make an impact at a crime scene not only as a first investigator but also how his/her role can expedite solving the crime.

Solvability factors are the next subject. This section reviews the identification of leads in a crime as well as the reporting system and how this could lead to better ways of finding the criminal.

The chapter then moves to the preliminary investigation to determine criminal activity.

Witnesses and physical evidence is pointed out as pivotal to the investigation. This section goes further discussing investigative steps at crime scenes, witness statements, and how this can lead to an arrest.

CHAPTER OBJECTIVES 20

1.

2.

3.

4.

5.

6.

7.

8.

The History of Criminal Investigations The Evolution in Research and Science in Forensic Science Criminal Investigation Research The Objectives of Criminal Investigation Inductive and Deductive Reasoning The Role of the Criminal Investigator Solvability Factors The Preliminary Investigation

LECTURE OUTLINE The History of Criminal Investigation Criminal investigation began in England and briefly reviews the beginnings if policing by the Bow Street Runners of the Henry Fielding during the 1750’s to Sir Robert Peel’s first paid police officers known as the “bobbies.” There is the recognition of Scotland Yard serving as the headquarters of the London Metropolitan Police Department.

The first police departments in America were Boston in 1837, New York in 1844, and Philadelphia in 1854. By 1870 there is a police department in every major city in the U.S. due to the fact that each city had its own brand of violence, crime, and vice. Much of the crime and violence came from fighting between the Protestants and the Catholics, immigrants and Native Americans and the abolitionists and pro-slavery groups.

Scottish immigrant Allan Pinkerton founded the Pinkerton National Detective Agency in 1850.

The agency was developed to help local law enforcement in solving cases that they were unable to investigate due to resources or incompetence. Pinkerton started a “rogues gallery” which was a compilation of descriptions of suspects, their hideaways, methods of operation, and criminal associates.

Even during the time of Pinkerton the New York City Police had some 20 detectives of their own. The NYPD had established their own “rogue gallery” of offenders and had over 700 photos of suspects. Chicago had its own Criminal Investigation Bureau in 1884 and Atlanta had its own Detective Bureau in 1885.

Federal Initiatives for criminal investigators began in 1865 with the creation of the United States Secret Service used to investigate counterfeiting. During the 1920’s the Bureau of the Internal Revenue was created to enforce Prohibition. The FBI originated from a force of agents of the Department of Justice under Attorney General Charles Bonaparte. Post Prohibition in 1933 former bootleggers turned to other crimes. In 1932 the FBI created a crime laboratory and made it accessible to state and local police. In 1967 the FBI made the National Crime Information Center (NCIC) operational. The Drug Enforcement Agency (DEA) was created in 1973 from the Federal Bureau of Narcotics.

At the local level of criminal investigations one of the most notable figures is Chief August 21

Vollmer of the Berkeley, CA Police Department. Some of his innovative ideas included: officers on bicycles, motorcycles, and then patrol cars. He created the first centralized police records system in the U.S. There was the use of soil fibers and soil to solve crimes and he started the first school of laws of evidence. Then by 1914 officers communicated on radios. By 1916 he was teaching criminal justice at UC Berkeley and he was the first chief to require officers to have a college degree. He outlawed “third degree” tactics in confessions; used the lie detectors in investigations; and began using fingerprints to identify suspects.

Forensic science or criminalistics used science to criminal investigations. Hans Gross of Graz, Austria wrote the first major book of criminal investigations in 1863. It was translated to English in 1906 under the title Criminal Investigations. Frenchman Edmond Locard established the first forensic laboratory in Lyon in 1910. Locard’s exchange principle states when suspects enter a scene something of themselves, hair, fibers will be left upon leaving.

Technology flourished in the 19th Century and Alphonse Bertillion of the Paris Police Department created the Bertillion system, also known as anthropometry, studied skeletal aspects of the human body and noted it remained the same at full maturity. By the mid 1840’s, Dactylography, the study of fingerprints, became a popular means of identifying suspects in crime although it wasn’t until the late 19th Century it wasn’t learned that a person’s fingerprints were unique and unchangeable. This discovery was made by Englishmen William j. Hershel and Henry Fields.

The historic frequency in the U.S. of shootings made firearm identification extremely important.

Forensic science started studying comparisons of bullets, ammunition, design and function of firearms, restoration of obliterated serial numbers on weapons, and distance of a fired gun from the victim.

The Evolution of Research and Science in Forensic Science The American Academy of Forensic Science (AAFS) was established in 1948. Expertise includes pathology and biology, toxicology, criminalistics, questioned documents, forensic odontology, and anthropology. German physician Paul Uhlenhuth created serums to distinguish different animal blood. Serology was established to study bloodstains and distinguish blood from animals.

Forensic Pathology studies the cause of death through examination of the corpse and identity of corpses. The pathologic process studies injury or disease that directly influenced or initiated a person’s death. “Manner of death” in most jurisdictions is seen to be: homicide, accidental, natural, suicide, or undetermined. Autopsies collect trace evidence and identity of the deceased.

Pathologists examine and document wounds and injuries. They collect and examine tissue specimens for natural disease such as asbestos in the lungs or gunpowder particles around a gunshot wound. They also collect and interpret toxicological analyses of body tissues and fluids to determine chemical causes of accidental overdoses or deliberate poisonings.

Criminal Investigation Research

22

The RAND Corporation and the Police Executive Research Forum (PERF) undertook a nationwide study of criminal investigations to determine how police investigations were organized, managed, as well as to assess the effectiveness of overall police functioning. The focus was in Index Crimes such as murder, robbery, and rape. Less serious crimes were not studied. The FBI’s UCR and the National Crime Victimization Survey looked for effectiveness of arrest and to analyze case samples to determine how cases were solved.

RAND recommendations were as follows: 1. Post arrest activities should be coordinated closer to the prosecutor’s office by signing investigators to the office.

2. Patrol officers should have greater investigative responsibility at crime scenes and trained to perform such duties.

3. Forensics should be increased in processing a scene more effectively 4. Anything other than a routine clerical case all others should be handled through a specialized investigation section of the department.

PERF study suggested: The Police Executive Research Forum (PERF) studied the roles of detectives and patrol officers in burglaries and robberies in three areas of the country: DeKalb County GA, St. Petersburg, FL, and Wichita, KS. PERF Concluded detectives and patrol contribute equally to resolution of burglary and robbery cases, most cases four hours (over several days) closes approximately 75% of those cases. Of the remaining 25% detectives played a major role in follow up to identify ands arrest suspects.

1. There was not as much waste or mismanagement in investigations as earlier thought.

2. Greater emphasis should be placed on collection o f physical evidence.

3. Police departments should have policies regulating the use of evidence technicians in cases of burglary and robbery where there has been no physical injury.

4. Officers should use neighborhood canvases to locate witnesses 5. Patrol officers should use extensively department records and informants to identify suspects.

The Objectives of Criminal Investigation The objectives of criminal investigation are as follows: 1.

2.

3.

4.

5.

6.

Detect crime Locate and identify suspects in crimes Locate, document, and preserve evidence in crimes Arrest suspects in crimes Recover stolen property Prepare sound criminal cases for prosecution

The premise to all criminal investigation is people make mistakes when committing crimes. The 23

job of the criminal investigator is to find the evidence. Use of witnesses and informants about the crime, technology in collecting evidence, and police training and experience in investigation can lead to solving the crime.

Inductive and Deductive Reasoning After initial investigation of a crime the investigator draws conclusions typically through inductive and deductive reasoning. Inductive reasoning draws on general conclusions from specific propositions. Not all conclusions are strong so one must be careful of weak premises to conclusions that are in need of further investigation. Deductive reasoning is based on specific pieces of evidence to establish proof that a suspect is guilty of an offense. The more evidence collected the stronger it allows investigators to establish guilt. Abduction helps make links among events and the development of the overall theory of a crime depends on adding new links.

Critical Thinking and Scientific Methodology Critical thinking and the scientific method must be reasonable and informed and both must be tools in the investigators arsenal. Critical thinking requires one to recognize problems and a means for figure out what to believe or do in a reasonable way. To be critical one must analyze, evaluate, explain, and restructure one’s thinking to further conclusions of a suspect’s guilt or innocence. The scientific method consists of collecting of data/evidence through observation and experimentation to test each hypothesis.

The Emergence of the Police Specialist Within most law enforcement agencies in the United States there are two types of divisions; those who maintain order, and those who investigate crime. The larger metropolitan departments have investigatory subdivisions dealing with different types of crime. These departments have several internal detective divisions, each dealing with different categories of crime, such as crimes against persons (for example, rape, assault, and robbery), crimes against property (for example, burglary, larceny, and auto theft), and vice crimes (for example, drug violations, gambling, and prostitution).

Types of Investigations Law enforcement has unique demands of both maintaining peace in communities and protection of lives and property. Those who violate laws must be identified and brought before a court.

Criminal investigators confront investigations in several areas in the regular course of their duties. They must at times investigate personal backgrounds of people to determine suitability of someone’s suitability to public trust positions; suspects who have violated criminal law and civil law; and vice crimes (drug and organized crime activity).

Crime-Scene Investigators Crime-scene investigators require very specific training with regard to crime-scene protection, identification and preservation of evidence. Not every agency has the ability to support persons to a dedicated crime-scene investigation unit.

24

Modes of Investigation •

Reactive response occurs after the crime has been committed. Investigators typically respond to the crime, collect evidence, locate and identify witnesses and identify and arrest suspects.

•

Proactive response is an attempt to anticipate criminal activity. Investigators conduct investigations before a crime has been committed to prevent the crime and apprehend suspects.

•

Preventative response is meant to deter suspects from committing crime.

The Role of the Criminal Investigator

Some studies have suggested that the role played by investigators is overrated and that their time could probably be spent more productively by focusing on crimes with the best likelihood of clearance. Other researchers suggest that the investigative process is a valid utility in crime detection but should be augmented by the use of proactive patrol programs.

Characteristics of the Investigator Many police agencies implement a supervisory performance appraisal system to evaluate suitability for appointment to investigator. Once taken, the police manager can choose from candidates who possess the most sought-after qualities. They undertake activities related primarily to law enforcement; patrol officers, on the other hand, routinely spend their time in order maintenance (for example, maintaining peace) and the provision of general services (for example, emergency aid, finding lost children, traffic control).

The Patrol Officer as an Investigator Over the past decade, many police departments have expanded the role of the patrol officer to responsibilities that are traditionally assigned to investigators.

Expanded roles of patrol officers: -

Depending on seriousness of crime and availability of evidence the patrol officer may call for a specialized search by evidence technicians The patrol officer has authority to initiate and complete investigations of misdemeanors, property cases up to $1500 and auto larceny cases The practical effect is sorting out different types of cases: one patrol can handle; the other specialized detectives.

In rare cases police officers may perform entire investigation

Benefits of Patrol Officer Investigation

25

-

Cases are handles completely and expeditiously Communication between patrol & investigators have improved Morale has increased with patrol officers Increased patrol officer investigations has reduced caseloads for investigators giving them more time to investigate high profile cases Better management of entire investigations

Solvability Factors The redefining of the role of patrol officer is intended to ensure that evidence supporting the continual investigation or case closure is collected at the earliest possible point in the investigative process. This reporting system is defined by two basic components, which in combination form the basis for an initial investigation. The first is a format that logically guides the identification leads, or solvability factors, that experience and research have demonstrated are most likely to result in case solution. The second provides an opportunity for details of the investigation thus far expended so the follow-up plans do not unnecessarily duplicate tasks already completed.

12 Primary Solvability Factors 1. Immediate availability of witnesses 2. Name(s) of the suspect 3. Information about the suspect’s location 4. Information about the suspect’s description 5. Information about the suspect’s identification 6. Information about the suspect’s vehicle and vehicle movement 7. Information about traceable property 8. Information about significant Modus Operandi 9. Information about significant physical evidence 10. Discovery of useful physical evidence 11. Judgment by the patrol officer that there is sufficient information available to conclude that anyone other than the suspect could not have committed the crime 12. Judgment by the patrol officer on case disposition. If the officer believes there is enough information available and with a reasonable investment of investigative effort that the probability of the case solution is high, then the investigation should be continued.

The Preliminary Investigation The preliminary investigation is the responsibility of the first officer at the crime scene. A job well done during a preliminary investigation should provide the information or evidence needed to build a solid case. Conversely, errors made during the preliminary investigation, especially those that involve a failure to properly safeguard or identify physical evidence, cannot be rectified at a later time.

1. Determine what has happened.

26

2. Locate witnesses and sources of evidence that aid in determining what has occurred.

3. Locate and preserve physical evidence.

4. Determine what further investigative steps should be taken.

5. Obtain and evaluate the accuracy of witnesses’ statements.

6. Determine whether to act on the statements and evidence found at the scene.

7. Record what has been done, what has been learned, and what has to be done.

8. Complete the investigation and make an apprehension if appropriate.

The preliminary investigation should begin when an officer is assigned to proceed to a crime scene and only terminate when he or she has completed the task to the point at which a delay in further action does not substantially affect the successful outcome of the investigation.

Typically, patrol officers proceed to crime scenes with bits and pieces of information that must first be verified and then expanded to be of investigative use. However, as far as only crimescene response is concerned, the patrol officer usually has two facts that shape his or her preliminary plans: the type of crime and the location of the crime.

Crime Scene Response While approaching the crime scene, the responding officer must remain observant for potential suspects fleeing the area. The officer should note descriptions of people and vehicles leaving the crime area. If it is necessary to stop a suspicious person, the officer should notify the dispatcher immediately so that other units are aware of the situation.

• Aid the Injured: Administer first aid and obtain medical assistance for injured parties when required. While rendering aid, officers should disturb the scene as little as possible.

• Evaluate the Situation: the officer should make an evaluation of the crime scene before proceeding with the preliminary investigation. A police officer can gain a reasonably accurate mental image of how the crime occurred and where it was committed.

• Obtain Basic Information: The identities of victims, witnesses, and others present at the scene when the officer arrived. A brief account from each witness or victim of what occurred, including descriptions of any suspects • Interview Witnesses: The first officer at the scene must detain witnesses. The officer should quickly remove all persons from the crime scene and should not allow them to return until all of the necessary crime-scene work is completed. The witnesses should be separated so they cannot discuss the case with each other.

LIST OF CHANGES/TRANSITION GUIDE New to this Edition •

Updated case studies 27

• • • • • • •

Updated statistics More detail about crime-scene searches and evidence Learning outcomes identified throughout each chapter New graphics throughout the book Refreshed “Think About It” sections in each chapter New and refreshed photos and informational boxes throughout the book Revised “Learning Outcomes” at the end of each chapter

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: www.fbi.gov This is the official website of the Federal Bureau of Investigation. This site contains links to the history of the FBI, including famous cases. In addition, visitors will find Uniform Crime Report statistics, reports and publications, videos, photos, news, most wanted lists, crime alerts, jobs and internship programs, as well as fun and games links for teens and children. www.nij.gov The National Institute of Justice (NIJ) is the research, development, and evaluation agency of the Department of Justice. This organization’s site includes links for publications, training, and courses for criminal justice professionals. The site also includes multimedia presentations.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1) Answer should include: The initial response of the first officer on scene would be to secure scene, separate any witnesses to the crime, and immediately request a crime scene investigator. Specialized investigators dealing with arson should be summoned and take crime scene photographs. Any information on cars at the scene should be immediately reported to dispatch. Evidence teams needed to secure the bat and try to lift fingerprints from it as well as lifted off the gasoline cans. The solvability of this crime would be low.

It would rely on fingerprints tied to the scene on the gasoline cans. Any videotapes of the credit card cash withdrawal that could help solidify pictures of the suspects.

2) Answer Should Include: The history of criminal investigation could tell us of the Locard Principle where it would be impossible for the suspects in this crime to have not left some evidence at the scene. Forensic science would be needed to extract evidence from the crime scene. The Bertillion system of evidence collection would be necessary.

Additionally forensic pathology would be needed to determine toxicology and method of the victim’s death.

28

Learning Outcomes 1: 1. Why were criminal investigations and apprehension difficult in the American frontier?

Answer: Local law enforcement officers were unable to investigate due to incompetency or limited resources.

2. Where was the first professional police force established in the United States? Answer: Boston in 1837 3. Why is the creation of the FBI considered one of the most significant developments in the history of law enforcement in America? Answer: The FBI originated from a force of special agents created in 1908 by Attorney General Charles Bonaparte during the presidency of Theodore Roosevelt. John Edgar (J. Edgar) Hoover, the bureau’s newly named director, announced in 1924 that he would strive to eliminate corruption and get the agency out of politics.

In doing so, he raised the qualifications of agent personnel, reduced the number of agents nationwide, and closed some field offices. Today, the FBI is one of many federal investigative agencies that have made great strides in professionalizing the field of criminal investigation.

4. What is the role of a forensic pathologist in criminal investigations? Answer: Forensic pathology is a branch of pathology concerned with determining the cause of death by examination of a corpse. The pathologist, at the request of a coroner or medical examiner, performs the autopsy, usually during the investigation of criminal cases and civil suit cases in some jurisdictions. Forensic pathologists are also frequently asked to confirm the identity of a corpse.

Learning Outcomes 2: 1. As it relates to criminal investigations, what were the most significant recommendations following the RAND study? Answer: Post arrest activities should be coordinated more closely with the prosecutor’s office. Patrol officers should be afforded greater responsibilities in conducting preliminary investigations, which will provide greater case-screening capabilities for investigators while eliminating redundancy. Forensic resources should be increased for processing latent prints and developing a system to organize and search fingerprint files more effectively. With regard to investigations of cases that the agency chose to pursue, a distinction should be made between cases that require routine clerical skills and those that require special investigative abilities.

2. As it relates to criminal investigations, what were the most significant recommendations following the PERF study? Answer: The value of follow-up investigations by detectives in identifying and arresting suspects is also thought to be much greater than indicated by earlier studies. Greater emphasis should be placed on the collection and use of physical evidence when applicable. Police departments should develop policies and guidelines regulating the use of evidence technicians in routine cases such as burglary and robbery when there has been no physical injury to victims. Officers should dedicate greater effort to locating wit- nesses through the use of a neighborhood canvas.

3. In terms of findings/recommendations, what is the primary similarity among the three 29

studies noted in the chapter? Answer: Police departments should develop policies and guidelines regulating the use of evidence technicians in routine cases such as burglary and robbery when there has been no physical injury to victims. A distinction should be made between cases that require routine clerical skills and those that require special investigative abilities.

Learning Outcomes 3: 1. What are the expanded responsibilities for patrol officers? Answer: Patrol officers should be afforded greater responsibilities in conducting preliminary investigations, which will pro- vide greater case-screening capabilities for investigators while eliminating redundancy. The RAND study suggests that many cases can be closed at the preliminary investigation stage. Therefore, patrol officers should be trained to perform such duties.

2. What resources should be increased to process forensic evidence at crime scenes?

Answer: Forensic resources should be increased for processing latent prints and developing a system to organize and search fingerprint files more effectively.

3. In what ways can criminal investigations be conducted more efficiently? Answer: For greater efficiency with regard to investigations of cases that the agency chose to pursue, a distinction should be made between cases that require routine clerical skills and those that require special investigative abilities. Investigations falling into the second category should be handled through a specialized investigation section.

4. In what ways should police departments develop policies and guidelines to regulate the use of evidence technicians in routine cases? Answer: Police departments should develop policies and guidelines regulating the use of evidence technicians in routine cases such as burglary and robbery when there has been no physical injury to victims. This policy should be based on the assumption that if the suspects can be found through other means of identification, physical evidence is not likely to be useful.

Learning Outcomes 4: 1. What are the primary objectives of the criminal investigation? Answer: Detect crime.

Locate and identify suspects in crimes. Locate, document, and preserve evidence in crimes.

Arrest suspects in crimes. Recover stolen property. Prepare sound criminal cases for prosecution.

2. What is the basic premise of the criminal investigation? Answer: The premise behind the criminal investigation field is that people make mistakes while committing crimes. For example, a burglar may leave behind broken glass or clothing fibers, or a rapist may leave fingerprints, skin tissue, semen, or blood. As a result of these oversights, evidence of who committed the crime is also left behind. It is the job of the criminal investigator to know how, when, and where to look for such evidence.

3. What are the three primary resources used by a criminal investigator? Answer: Witnesses and informants, for firsthand information about the crime. Technological advances in evidence collection and preservation. Their own training and experience in investigative techniques.

30

4. What are some mistakes criminals often make when committing crimes? Answer: A burglar may leave behind broken glass or clothing fibers, or a rapist may leave fingerprints, skin tissue, semen, or blood. As a result of these oversights, evidence of who committed the crime is also left behind.

Learning Outcomes 5: 1. Why is critical thinking an important skill for criminal investigators? Answer: In the context of criminal investigation, investigators must anticipate all possible scenarios and know what evidence is needed to support prosecution of the case because each issue in dispute must be supported by evidence. The more evidence an investigator collects, the stronger the case and the stronger the proof of guilt. Conversely, the criminal investigator must also consider what evidence is available to exonerate innocent parties.

2. How can critical thinking and the scientific method be used simultaneously in problem solving? Answer: The processes of critical thinking and the scientific method need not be mutually exclusive. Rather, reasonable and informed investigators consider both as tools in their investigative arsenal, allowing for critical thinking in determining the direction of the investigation and scientific methods in evaluating the value and usefulness of evidence.

3. In criminal investigations, what is the danger of using inductive reasoning over deductive reasoning? Answer: Inductive logic does not always give us a strong conclusion. Weak inductions are faulty and do not give us a strong inductively reasoned statement. Deductive reasoning is reasoning based on specific pieces of evidence to establish proof that a suspect is guilty of an offense—for example, identifying muddy footprints outside a window where a burglary has occurred. An issue would be whether the footprints belonged to an occupant of the house, to the burglar, or to someone else.

4. How does the concept of abduction apply to criminal investigations? Answer: Abduction helps to make links among events, and the development of the overall theory of a crime depends on adding new links. Jon J. Nordby suggests that abduction keeps guessing to a minimum.

Learning Outcomes 6: 1. What are the fundamental components of law enforcement? Answer: The mission of law enforcement is complex and demanding but contains some fundamental components, including the maintenance of peace in our communities and the protection of lives and property.

2. What are the three modes of investigation? Answer: Criminal investigations are conducted through the use of three different responses: reactive, proactive, and preventive.

3. What is the difference between reactive and proactive responses? Answer: The reactive response addresses crimes that have already occurred, such as murder, robbery, and burglary. In this case, investigators typically respond to a crime, collect evidence, locate and interview witnesses, and identify and arrest a suspected perpetrator. Investigations are also conducted as a proactive response to anticipated criminal activity, as with many vice and organized crime investigations. Proactive investigations differ from reactive investigations in two major regards: 31

(1) The investigation is conducted before the crime is committed (rather than after), and (2) the suspect is identified before he or she commits the crime.

4. How has the role of the patrol officer changed over the years, and what benefits to law enforcement in general and in criminal investigations specifically has this change produced? Answer: Some studies have suggested that the role played by investigators is overrated and that their time could probably be spent more productively by focusing on crimes with the best likelihood of clearance. Other researchers suggest that the investigative process is a valid utility in crime detection but should be augmented by the use of proactive patrol programs.

5. What qualities do professional investigators have in common? Answer: Motivation, intuition, stability, judgment, street knowledge, teamwork, persistence, reliability, intelligence, dedication, integrity.

Learning Outcomes 7: 1. What are three primary solvability factors in criminal investigations? Answer: Immediate availability of witnesses. Name(s) of the suspect. Information about the suspect’s location.

2. How does the patrol officer guide the direction of an investigation? Answer: The preliminary investigation establishes whether the necessary elements of a crime exist. Also all information obtained at the scene determines further police response. The first is a format that logically guides the identification leads, or solvability factors, that experience and research have demonstrated are most likely to result in case solution. The second provides an opportunity for details of the investigation thus far expended so that the follow-up plans do not unnecessarily duplicate tasks already completed.

3. A police department’s reporting system is defined by which two basic components?

Answer: A police department’s reporting system should not only indicate that solvability factors are present, but also identify the investigative effort expended in searching for leads.

Learning Outcomes 8: 1. What are the objectives of the preliminary investigation? Answer: Determine what has happened. Locate witnesses and sources of evidence that aid in determining what has occurred.

Locate and preserve physical evidence. Determine what further investigative steps should be taken. Obtain and evaluate the accuracy of witnesses’ statements. Determine whether to act on the statements and evidence found at the scene. Record what has been done, what has been learned, and what has to be done. Complete the investigation and make an apprehension if appropriate.

2. Why are the preliminary investigations important in the investigative process? Answer: A job well done during a preliminary investigation should provide the information or evidence needed to build a solid case. Conversely, errors made during the preliminary investigation, especially those that involve a failure to properly safeguard or identify physical evidence, cannot be rectified at a later time.

32

3. What are the steps of crime scene response? Answer: Aid to the injured. Evaluate the situation. Obtain basic information. Interview witnesses.

4. Who are the most important witnesses to be interviewed by a first responder? Answer: Victim. Eyewitnesses. Persons observing the suspect entering or leaving the crime scene.

Persons having knowledge of events leading up to the crime. Persons in the neighborhood.

33

Chapter 2 The Crime Scene: Field Notes, Documenting and Reporting CHAPTER OVERVIEW Chapter 2 begins looking at the role of field investigations and the best methods of note taking at crime scenes. This covers when a person takes notes, what to write, a good system for note taking and the purpose of “Field Interview Cards.”

Now that crime scene notes have been discussed the author demonstrates the importance of the official investigative report. The importance of factuality and thoroughness is discussed as well as accuracy and objectivity. Finally there is an explanation of how secondary/supplemental reports can be added to a criminal investigation report.

Photographing crime scenes is the next section of the chapter. The importance of proper authentication of photos for trial and preserving the images takes the stage. Different views from the photographer’s visual recording of the crime scene and lighting and markers are of pivotal importance.

Legal considerations of the photographs are discussed in the context of material at the scene and its relevance. Further the author discusses the photograph log and how surveillance photos are taken.

Finally concerning this chapter the author stresses the importance of the crime scene sketch.

He explains how to put together the sketch through scales, primary items and identification of symbols. The difference between “rough” and “finished” sketches is covered in this section and method of sketching is also reviewed through the coordinated methods, baseline techniques, triangulation, and cross projection sketching.

CHAPTER OBJECTIVES • • • • • • • •

Explain what specific field notes should be taken during a criminal investigation Identify the qualities of a good investigative report Identify the main components of a fact sheet or initial complaint Explain the correct methods for photographing the crime scene Summarize the legal precedents for the admissibility of photographs as evidence in court Determine what types of information should be included in a photographic log Explain the types of photography commonly used in criminal investigations Describe how crime-scene sketches are made

LECTURE OUTLINE 34

The Role of Field Notes in a Criminal Investigation Field notes have many benefits for both the officer and the department. Most notes result from interviews, but there are other uses as well. For example, notes may be the most important step in the initial documentation of a crime scene. An investigator’s field notes are his or her most personal and readily available record of the crime-scene search.

When to Take Notes The investigative process begins as soon as an officer gets a call to the scene of a crime.

Accordingly, the note-taking process also begins at this time. Officers should remember that note taking is a continual process that occurs throughout the duration of an officer’s involvement in an investigation.

What to Write Down It would be ideal if investigative notes could begin with the assignment of the officer to the case and follow through in a logical flow of events to the culmination of the investigation. When first encountering a witness or victim, it is important for the investigator to allow the person to state in his or her own words what occurred. After the subject provides his or her initial explanation, then more specific questions should be asked to pinpoint exactly what occurred.

Developing a Not Taking System It is advisable for a system of note taking to be developed to allow an officer greater swiftness in his or her interviews. This can be illustrated by using “S” for suspect, “V” for victim, “W-1” for witness number 1, “C” for complainant, and so on. When adopting this system, officers should be careful not to move into “shorthand,” making it difficult for others to interpret what the notes are trying to say.

Field Interview Cards One unique and successful method of documenting information on the street is through the use of field interview cards (FI cards). The FI card is used to document names, addresses, and other pertinent information. At the end of the officer’s watch, he or she turns in the FI cards, and they are filed for future reference.

Writing the Official Investigative Report Investigators should remember that the official police report is the backbone of the criminal prosecution process. It is a permanent record of the complaint and of the facts and events leading up to the arrest of the suspect.

Steps in Report Writing 1. Dates, times, and locations of incident.

35

2.

3.

4.

5.

6.

7.

Description of Victim Wounds of the Victim Overall description of the crime scene Notes on photographs of the scene Type and location of each piece of evidence Absence of items

Factuality The police report must be prepared carefully so that it accurately reflects all pertinent facts learned by investigators. These facts must be written in such a manner that the reader of the report can easily understand them. It is important that the police report be factual and not contain hearsay information, speculation, or opinions of the investigator.

Thoroughness All facts learned pertaining to the investigation should be included in the official report. This practice is necessary for completeness of the report and for the credibility of the investigation.

The report should also reflect the chain of custody of all evidence in the case.

Getting to the Point The best investigative report is one that is not only thorough but is concise as well. Excess information can bog down the report and possibly confuse the reader.

Accuracy and Objectivity An investigator’s ability to report accurately is highly dependent on both the ability to conduct an objective and thorough investigation and to express the results of this inquiry in writing. The investigator must distinguish between facts and hearsay evidence and be able to relay exactly a factual accounting of the incident. It is essential that all relevant facts and details should be presented in an unbiased manner without any indication of the officer’s feelings or opinions about the case.

Word Choice As a rule, the most effective report presentation is a chronological narrative, in which events are described as they occurred from the officer’s perspective.

Nine Suggestions Effective Police Reports 1. Avoid the use of unnecessary words 2. Avoid the use of elaborate or unfamiliar words when a small or commonly used term will do 3. Use specific words rather than vague terms 36

4. Try to use the active voice 5. Use standard abbreviations 6. Write short, simple sentences whose meanings are clear and direct 7. Avoid the use of double negatives 8. Be sure modifiers, adjectives, and adverbs are used sparingly 9. Use standard English rather than jargon or slang except when quoting witnesses, victims, and suspects The Main Components of a Fact Sheet or Initial Complaint Documenting Interviews The investigator needs to know the answers to questions who, what, when, where, and how. In this vain the following must be documented: • • • •

Preliminary information Witnesses Physical evidence Modus operandi

The use of basic interviewing techniques opens up communication between the investigator and the person being interviewed. The investigator must be skilled at forming questions and “digging” for information either temporarily forgotten or considered unimportant by the person being interviewed.

Elements of the Report: • • • • • • • • •

Who the officer met at the crime scene What the officer found at the scene What the officer did at the scene Description of injuries to victim or suspect Type of weapon used Description of all evidence Names and identifiers of all suspects arrested Names of all witnesses Copies of written statements given by witnesses

The Initial Complaint This information includes the suspect’s name and related identifiers as well as a brief summary of the facts and circumstances surrounding the case. The initial com- plaint is the first report seen by anyone examining the file of the investigation.

37

Supplemental Reports As the case progresses, investigators will undoubtedly develop new sources of information. The supplemental report is considerably longer than the initial complaint because it goes into much greater detail on pertinent aspects of the case. The report begins with a brief synopsis of the subject of the report, which gives the reader an overall view of the body of the report. The main portion is the details section. As the investigator formulates this section, events are prepared in paragraphs and in chronological order.

Methods of Photographing the Crime Scene It is important to note that both photos and sketches are necessary in criminal investigations because photos may distort distance, color, and so on. The practice of crime-scene photography has been extended to digital recorders to depict crime scenes. Visual portrayal of the crime scene clearly adds a dimension to both the investigation and prosecution of the case that no other medium can emulate.

Photographs as Evidence The principal requirements to admit a photograph into evidence are relevance and authentication. Specifically, the party seeking to introduce the photograph into evidence must be prepared to present testimony that the photograph is accurate and correct. A chain of custody is required, or the best evidence rule may be invoked if the photograph is offered for its truth and is the basis of a controlling issue in the case.

Preserving Digital Images As a rule, digital images are stored on removable media such as Secure Digital (SD) cards and Memory Sticks. Images saved to these storage media must be stored immediately, or as soon as reasonable, on a compact disc (CD) or other protected medium to create the “master disc.”

What to Photograph Extensive expertise in photography and audio electronics is always a clear benefit to a crimescene investigator, but such training is not always required for good pictures of the scene. One important point to remember is that when photographing a crime scene, there can never be too many pictures.

Digital media are relatively inexpensive; most departments can afford to take numerous photographs. Photographs of the crime scene are usually taken in three stages: from the general view to the medium-range view to the close-up view.

General View: general photograph is a sweeping view of the crime- scene area (that is, an overall scene, such as the neighborhood, including angles from all streets leading up to the crime scene) Medium-Range Views: these photos should be taken at a distance no greater than 20 feet away from the subject or item being photographed. The intent of the medium-range photo 38

is to depict specific items or objects in the crime scene.

Close-Up Views: these photos are taken at a distance of less than 5 feet using the zoom feature on the digital camera, and they should focus on small segments of a larger surface or on specific objects in the scene.

Other Hints It is important that all camera angles and settings be recorded on the crime-scene sketch. Photos of the interior scenes should be conducted to depict the entire area.

Considerations: 1. Approaches to and from the scene 2. Surrounding areas 3. Close-up photographs of the entrance and exit to the scene, or if these are not obvious, those most likely to have been used 4. A general scenario shot showing the location of the body and its position in relation to the room or area in which it was found 5. At least two photographs of the dead body at 90-degree angles to each other, with the camera placed as high as possible, pointing downward toward the body Perspective It is important that the crime-scene photographer show the relationship between one item of evidence and another. This is accomplished by showing the location of the articles in accordance with recognizable backgrounds.

Suitable Lighting As a rule, the crime-scene photographer will find that natural light at the scene is inadequate for good-quality photos and that artificial lighting is required. Whether a flash or a more elaborate lighting system is used, it is of utmost importance to avoid unnecessary shadows.

Use of Markers A generally accepted practice in crime-scene photography is the use of measuring or other identifying devices in photos. Markers such as these are included in the finished photograph and call attention to specific objects or enable the viewer of the photo to get a sense of the size of the object or the distance between objects. Because the use of a marker introduces something foreign into the crime scene, investigators should take a photo of the area before placement of the marker and then take a second photo of the same setting after the marker is in place.

Legal Considerations for Admissibility of the Photographs Trial courts bear the responsibility of determining the admissibility of photographs as evidence in court. Such determinations have been based on several legal precedents: 39

Materiality: A material photograph is one that relates to and makes a substantive contribution to the specific case in question.

A relevant photograph also applies to the matter in question and is used to support testimony.

Prejudicial images: Any photograph or image admitted must not prejudice, or appeal unfairly, to the emotions of the jury.

Distorted photos: Photographs must be kept free of distortion. Three types of distortion have generally been common in crime-scene photographs: incorrect point of view, perspective, and misrepresentation of tone or color.

Information Included in the Photographic Log The photographic log is the best way to organize photos of the scene and evidence associated with the scene. Included should be the following: • • • • • •

Type of case Description of subject in photo Location Names of persons handling evidence Assigned case number Any other relevant information Surveillance Photographs

Surveillance photography is used covertly in establishing identities or in documenting criminal behavior. It may aid officers in identifying the physical locations of criminal activity or in formulating a raid plan for serving a search warrant. Covert surveillance is now used commonly in banks and convenience stores as a deterrent for would-be robbers and as an aid in prosecution.

Such photography can be problematic, however, in that proper lighting is sometimes difficult to come by. In response, many police agencies have purchased night-vision devices that affix to surveillance cameras.

The Crime Scene Sketch The crime-scene sketch complements photographs and videos taken of the scene. A photograph represents the scene as it is perceived by the viewer, the diagram represents the scene as it actually is. A crime-scene sketch is a scale drawing that locates evidence in relation to other factors.

Putting It Together 40

One should remember that the objective of the crime-scene sketch is to portray the scene accurately, not artistically. Too much detail in a crime-scene sketch will remove the advantage of a sketch over a photograph.

The crime-scene sketch should include: • • • • • • •

The investigator’s complete name and rank The date, time, type of crime, and assigned case number The complete names of other officers assisting in the making of the sketch The address of the crime scene, its position in a building, landmarks, and so on The scale of the drawing The primary items of physical evidence and other critical features of the crime scene, located by detailed measurements from at least two fixed points of reference A key or legend identifying the symbols or points of reference used in the sketch

Measurement One general rule of sketching is that the sketch should reflect as accurately as possible the important details of the scene. Such information must be recorded uniformly. All measures of distance must be conducted by using the same method.

Rough and Finished Sketches The rough sketch is the one drawn by officers at the crime scene. It is not drawn to scale but should reflect accurate dimensions and distances between objects of importance.

The finished sketch is simply a completed sketch drawn to scale. This is drawn from information contained on the rough sketch and should accurately reflect all measurements indicated on the rough sketch.

Choosing the Best Method The coordinate method uses the practice of measuring an object from two fixed points of reference.

The baseline technique is a line drawn between two known points.

The triangulation method is a bird’s-eye view of the scene that uses fixed objects from which to measure.

The cross-projection method is used in indoor crime scenes.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case:

41

1) Answer should include: It appears the investigators did not follow proper interviewing techniques. It seems they did gain preliminary information of the complaint but the case seems to be missing witnesses and physical evidence. There was a lack of DNA evidence and any other evidence that would have supported the charge such as photographic injury to the victim. The lineup was flawed from the start with the victim being told that the partygoers were in the group being viewed in the photographic arrays. Furthermore the alleged attackers had alibis as to not being present at the party.

2) Answer should include: From the description of the events there appears to be no supporting photography other than photographs of the alleged attackers. No photographs of the crime scene seemed to have been taken which in itself is shoddy police work. Finally, telling the victim that the partygoers were in the photos tainted the photographic arrays.

Learning Outcomes 1: 1. What is the purpose of properly written notes taken at a crime scene? Answer: An investigator’s field notes are his or her most personal and readily available record of the crimescene.

2. How can an officer alleviate fears and concerns of witnesses during the interview process? Answer: An officer taking down what is said during an interview may intimidate some victims or witnesses. If it appears that this is the case, the investigator should take the time to explain the importance of brief notes and how they will benefit the overall investigation. If a subject simply refuses to talk while comments are being recorded, the officer can wait and make the required notes immediately after the interview.

3. Why is it important to note the absence of items at a crime scene? Answer: Absence of items at a crime scene tells the investigator what is missing in the case. These items are the necessary to complete the “picture” of what happened during the crime.

4. What are the six most important questions to ask in criminal investigation interviews?

Answer: Most information can be learned with answers to who, what, when, where, why, and how.

5. In what order should field notes be taken? Answer: When first encountering a witness or victim, it is important for the investigator to allow the person to state in his or her own words what occurred. After the subject provides his or her initial explanation, then more specific questions should be asked to pinpoint exactly what occurred.

6. Why, when first encountering a witness or victim, is it important for the investigator to allow the person to state in his or her own words what occurred? Answer: This allows a witness or victim to be comfortable in answering the questions without undue pressure or suggestion by the investigating officer. This also minimizes the possibility of hearsay from what others may have told the witness.

Learning Outcomes 2:

42

1. In what ways is the official investigative report used? Answer: The report informs others of what events have occurred and provides a permanent record useful in numerous ways as evidentiary matter at trial, intelligence information, and crime-analysis data. To many readers, the report represents their only opportunity to learn about the background of the investigation.

2. What are the ramifications of a poorly written police report? Answer: A poorly prepared report can easily become evident when one officer tries to read another officer’s reports and tries to interpret what is being said. If an official report is difficult to understand, the complaint-issuing process will be bogged down, and it will be difficult for the prosecutor to decipher the facts and circumstances of the case. In addition, a poorly written report gives the defense attorney a tool to use during trial to confuse the officer’s testimony and to muddle the issue.

3. What is the rule for remembering what information to include in a properly written police report? Answer: An important three- pronged rule to remember is that official reports should be factual, thorough, and to the point because they will be under close scrutiny when the case goes to court.

4. What are the two basic components of effective report writing? Answer: Presentation and diction.

5. Why is the official report considered the backbone of the criminal prosecution process?

Answer: Investigators should remember that the official police report is the backbone of the criminal prosecution process. It is a permanent record of the complaint and of the facts and events leading up to the arrest of the suspect.

6. What are the key steps in report writing? Answer: Dates, times, & locations. Description of victim. Wounds on the victim. Overall description of the crime scene. Notes on photographs taken from the scene. Types and locations of each piece of evidence. Absence of items.

7. Why is the effective use of language important in the report-writing process? Answer: The narrative portion of the report, in which the reporting officer brings the facts together in a story form, requires the effective use of language. In writing the narrative section of the report, the officer should be concerned with two basic items: presentation and diction (choice and use of words).

Learning Outcomes 3: 1. What is the best way to organize the fact sheet in a criminal investigation? Answer: Also called the face sheet or initial page, the complaint depicts an “at-a-glance” summary of the investigation. This information includes the suspect’s name and related identifiers as well as a brief summary of the facts and circumstances surrounding the case (for example, times, dates, locations, who did what, who saw what, and what evidence was collected).

2. Why is the information contained in the fact sheet important to the integrity of the investigation? Answer: The initial com- plaint is the first report seen by anyone examining the file of the investigation, so it is important to keep it direct and to the point.

43

3. How are supplemental reports used by criminal investigators? Answer: The supplemental report is considerably longer than the initial complaint because it goes into much greater detail on pertinent aspects of the case. In fact, it is the supplemental report that incorporates the who, what, when, where, how, and (sometimes) why of the case.

4. What are the most important elements of a fact sheet? Answer: Type of crime. Date. Case number. Officer’s name. Suspect’s name and address. Victim. Witnesses. Synopsis of crime and investigation. Details of crime investigation. Attachments.

5. What similarities do journalists and criminal investigators share? Answer: In forming questions for taking reports, the criminal investigator is much like a newspaper reporter. The investigator needs to know the answers to questions who, what, when, where, and how.

Learning Outcomes 4: 1. What are the benefits of surveillance photos? Answer: Surveillance photography is used covertly in establishing identities or in documenting criminal behavior. Photography of this nature is selective and may have many benefits. For example, it may aid officers in identifying the physical locations of criminal activity or in formulating a raid plan for serving a search warrant.

2. What are the most common mistakes in crime-scene photography? Answer: Shadows tend to hide details, some of which might be of grave significance to the investigation. In addition, the part of the photo that is closest to the flash may become washed out, and details might be lost. A good solution to this problem is the strategic use of floodlights to ensure consistent illumination.

3. What are the disadvantages of crime-scene photographs? Answer: They do not show true or actual distances. They can distort color and perceptions. They also can be ruined by mechanical errors in processing.

4. What are the three stages of crime-scene photography? Answer: Photographs of the crime scene are usually taken in three stages: from the general view to the medium- range view to the close-up view.

5. What is the purpose of the medium-range photograph? Answer: The intent of the mediumrange photo is to depict specific items or objects in the crime scene. Some examples are blood splatters on the walls or an open window that served as the entry point for an intruder.

6. Why is it important to take as many photographs of the crime scene as possible? Answer: One important point to remember is that when photographing a crime scene, there can never be too many pictures. Depending on the crime scene, 100 to 200 photos may be typical for proper documentation.

7. What is the most important requirement when photographs are being considered as evidence in a case? Answer: The principal requirements to admit a photograph into evidence are relevance and authentication. The most important requirement is authentication. Specifically, the party seeking to introduce the photograph into evidence must be prepared to present 44

testimony that the photograph is accurate and correct.

8. How can photographs combat mistakes made by witnesses? Answer: A visual portrayal of the crime scene clearly adds a dimension to both the investigation and prosecution of the case that no other medium can emulate. In fact, without the benefit of pictures, a witness or juror may be influenced by past experiences, preconceptions, stereotypes, and biases in making decisions about a crime scene.

Learning Outcomes 5: 1. What are the legal requirements for the admissibility of crime-scene photos? Answer: Materiality. The object portrayed in the photo must be material and relevant to the case at hand.

2. Why is it important to observe legal precedents when photographing the crime scene?

Answer: Any photograph or image admitted must not prejudice, or appeal unfairly, to the emotions of the jury. Some judges have suppressed photos depicting unusually gruesome crime scenes.

3. What are the three types of distortion common in crime-scene photographs? Answer: Three types of distortion have generally been common in crime-scene photographs: incorrect point of view, perspective, and misrepresentation of tone or color.

4. What is the difference between a material photograph and a relevant photograph?

Answer: A material photograph is one that relates to and makes a substantive contribution to the specific case in question. A relevant photograph applies to the matter in question and is used to support testimony.

5. When are photographs not allowed into evidence? Answer: When there is a distortion.

Distortions must be avoided because they will taint the case and will probably cause the images to be excluded as evidence.

6. Who decides the admissibility of photographs as evidence in a trial? Answer: The trial court judge.

Learning Outcomes 6: 1. What is the purpose for maintaining a photographic log? Answer: It is of critical importance for investigators to log their photos carefully as to date, time, and sequence number.

2. What are the benefits of having a properly prepared photographic log? Answer: The photographic log is the best way to organize photos of the scene and evidence associated with the scene.

3. How can a photographic log help investigators in terms of efficiency and time management? Answer: Knowing the type of case 4. Why is it important to note the names of people handling evidence? Answer: All persons handling evidence are part of the case and could be part of testimony concerning the photos at 45

trial.

5. What is the best way to organize photos of a crime scene and evidence? Answer: Longrange shots, medium-range shot, and then close-ups.

6. What information is pertinent in a photographic log? Answer: Type of case. Description of subject photo. Location. Names of persons handling evidence. Assigned case number. Any other relevant information.

Learning Outcomes 7: 1. What are some of the ways covert surveillance photos further a criminal investigation?

Answer: Covert surveillance is now used commonly in banks and convenience stores as a deterrent for would-be robbers and as an aid in prosecution.

2. From a practical standpoint, what limitations does the criminal investigator face regarding surveillance photographs? Answer: These types of surveillance require using either single reflex camera with telephoto lenses while others use infrared film.

3. What is the purpose of surveillance photography? Answer: Surveillance photography is used covertly in establishing identities or in documenting criminal behavior. Also most investigations using surveillance photography are vice and organized crime operations, and a specially outfitted van or truck.

4. How do non-police entities such as banks and convenience stores use surveillance photography? Answer: Closed circuit cameras are commonly used in convenience stores and other places to act as a deterrent for criminal activity. A crime committed in these places would allow for easier identification of suspects.

5. What are the benefits of surveillance photography in criminal investigations? Answer: Illegal transactions are made discreetly among criminals, and thorough documentation helps to establish proof beyond a reasonable doubt.

Learning Outcomes 8: 1. What are the differences between the rough sketch and the finished sketch? Answer: The rough sketch is the one drawn by officers at the crime scene. The finished sketch is simply a completed sketch drawn to scale.

2. What are the benefits of the coordinate method of crime-scene sketching? Answer: The coordinate method uses the practice of measuring an object from two fixed points of reference.

3. How can crime-scene sketches be more accurate than photographs? Answer: In many ways, the crime- scene sketch can show certain details better than a photograph. For example, photographs are two-dimensional and may fail to show the distance between objects. Also, a photograph cannot show the entire crime scene, whereas a sketch can.

4. How are crime-scene sketches used by prosecutors? Answer: A properly prepared sketch is 46

an important tool for the prosecutor. The sketch can become the focus point of courtroom testimony. Witnesses can show on the diagram their relationship to observations of the crime, and each item of evidence can be pinpointed.

5. What is the objective of the crime-scene sketch? Answer: Because videos and photos may tend to distort the dimensions of the crime scene, a properly prepared crime-scene sketch is all the more important to a properly documented crime scene.

6. Why is it important to record information uniformly when preparing a crime-scene sketch? Answer: All information must be recorded uniformly when preparing a crime-scene sketch given it will be used at trial. The officer should remember that both the rough and finished sketches are admissible in court if they are prepared or witnessed by the investigator, provided that they both portray the crime scene accurately.

7. Which method is most effective for sketching indoor crime scenes? Answer: The crossprojection method, is used in indoor crime scenes. It is basically a top-down view of the crime scene, with the walls of the room “folded” down to reveal locations of bullet holes, blood-spatter evidence, and so on, which would not be apparent otherwise.

47

Chapter 3 Processing the Crime Scene CHAPTER OVERVIEW Chapter 3 spends its time with the crime scene. Initially the author brings out the importance of understanding the preliminary investigation. Securing the scene, determining the possibility of arresting a suspect, finding witnesses and victims and documenting the scene are covered at length. Also the first part of this chapter looks at identifying and collecting evidence.

Next of impotence is the types of evidence found at the scene Locard’s exchange principle is explained regarding how a crime can not happen without some evidence of the perpetrator leaving something behind, even only if it is a trace amount. Different types of evidence such as prima facie evidence, indirect or circumstantial evidence, or demonstrative will be at the crime scene.

The first officer on the scene’s response is the next topic of discussion. This part of the chapter reviews how the first officer must act en route to the scene, what to do on arrival, including protection of the surrounding area. As important is the assistance to victims and follow up communications with dispatch. Then the author discusses the identification of witnesses, vehicles and eventual briefing with other arriving officers. Flash descriptions of the scene and suspects must also be aired to central dispatch.

The process of securing the crime scene is the next point of the chapter. How to properly secure the evidence and the scene is discussed while also including when or if further “back-up” should be requested.

“Walk throughs”, establishing chains of custody and legal tools such as need for a warrant is reviewed in the chapter. Then the author demonstrates how evidence should be collected at the scene. This includes ways to conduct a search through and inside and outside scene and the best patterns for the search. The section is very in depth with the search, evidence, chain of custody with anything found on scene, as well as marking each piece of evidence.

The next part of the chapter is how officers should perform a follow-up investigation.

This looks at whether there is a need for a medical examiner report, conducting a neighborhood canvas, and preparing crime scene reports.

CHAPTER OBJECTIVES • • • •

Describe the preliminary investigation Identify types of crime-scene evidence Summarize the responsibilities of the first responding officer Explain how to secure and protect the crime scene 48

• •

Explain how to collect and search for evidence at the scene Explain how to properly perform a follow-up investigation

LECTURE OUTLINE Understanding the Preliminary Investigation A logical procedure for identifying, collecting, and preserving evidence is essential. The evidence- collection process begins immediately after the discovery of a crime. In most situations, this precursory investigative phase is known as the preliminary investigation.

Generally, the term preliminary investigation is defined as an initial inquiry by officers to establish the facts and circumstances of a suspected crime and to preserve any evidence related to that crime.

The preliminary investigation includes the following: • • • • •

Securing the crime scene Considering the possible arrest of a suspect Locating and questioning witnesses and victims Documenting the crime scene Identifying and collecting evidence Types of Crime-Scene Evidence

Protection and preservation of the scene are therefore crucial because both avert the possibility of contamination of evidence, loss of evidence, or unnecessary movement of physical evidence. In the evidence-collection process, contamination of evidence occurs most commonly when evidence is not properly secured, is wrongfully mixed with other types of evidence, or is altered significantly from its original condition at the crime scene.

The preliminary investigation involves the identification and preservation of evidence, much of which is minute or “trace” evidence. Trace evidence is any type of material left at—or taken from—a crime scene or the result of contact between two surfaces.

The Locard’s exchange principle, also known as Locard’s theory or the transfer of evidence theory, was first put forward by twentieth-century forensic scientist Edmond Locard. Locard’s principle is applied to crime scenes where the perpetrator of a crime comes into contact with the scene, so he or she will both bring something into the scene and leave with something from the scene. “Every contact leaves a trace.”

Material transferred in this fashion is usually referred to as trace evidence, which generally refers to minute or even microscopic bits of matter that are not immediately apparent to the naked eye. Because of its microscopic nature, the criminal may be far less likely to eliminate it purposely than with more telltale evidence such as blood splattering or fingerprints.

Types of Evidence 49

•

Physical evidence. Physical evidence is self-explanatory in nature and generally speaks for itself in a court of law. Examples are weapons, fingerprints, blood, and drugs.

•

Direct or prima facie evidence. Physical evidence is self-explanatory in nature and generally speaks for itself in a court of law. Examples are weapons, fingerprints, blood, and drugs.

•

Indirect or circumstantial evidence. Circumstantial evidence merely tends to incriminate a person without offering conclusive proof. For example, although a person’s footprint located outside a burglary victim’s residence doesn’t show that the person who left the print was the burglar, it does suggest that he or she could be.

•

Testimonial evidence. Testimonial evidence consists of a verbal statement offered by a witness while under oath or affirmation. It may also be evidence offered by way of a sworn pretrial deposition. Although many people define testimony in the same way as evidence, they are clearly distinct. Simply, testimony is evidence offered in an oral manner and is used most commonly to explain some form of physical evidence (e.g., gunpowder residue, fingerprints).

•

Trace evidence. Trace evidence consists of extremely small items of evidence, such as hair or clothing fibers. With the aid of modern forensic analysis, trace evidence plays a greater role today than ever before in solving capital cases.

•

Demonstrative evidence. Demonstrative evidence is evidence used to demonstrate or clarify an issue rather than to prove something. An example is the use of anatomical dolls to aid in the testimony of children in a sexual molestation case.

Forms of Evidence There are two commonly used classifications: corpus delicti and associative evidence.

• •

corpus delicti simply refers to evidence that establishes that a crime has been committed associative evidence (such as fingerprints, footprints, bloodstains, and fibers) links a suspect with a crime Responsibility of the First Officer

The initial response to a call by the responding officer is a critical phase of any criminal investigation. This response is usually made by patrol officers who must be prepared to initiate a preliminary investigation until they are relieved by superior officers or specialists (for example, detectives or crime- scene specialists) who then assume responsibility for their specific functions at the scene Improper actions by responding patrol officers can cause a loss of evidence or otherwise conduct so prejudice to an investigation that a subsequent successful criminal prosecution becomes impossible.

50

Actions to be taken by a First Officer on scene: 1. While en route to the location, officers must be alert to the possible presence of perpetrators or perpetrators’ vehicles fleeing from the scene.

2. Upon arrival at the location, officers should, if possible, first verify that a crime has been committed. Officers entering premises under these circumstances are not permitted to search the premises for evidence. The protective search is limited by law to a “sweep” of the premises to discover victims or perpetrators.

3. Administering first aid to and summoning medical assistance for any victims present must be a top priority of responding officers.

4. If the perpetrator is at the scene and probable cause for arrest exists or an arrest warrant has been issued, the perpetrator should be arrested in accordance with departmental policy and local law.

5. Communicate to dispatch the time of the officers’ arrival at the crime scene. Superiors must be informed of the apparent nature of the offense discovered by the officers.

When possible, reports should be factual in nature.

6. The identification and preliminary interviewing of witnesses are extremely important considerations for officers arriving at a crime scene.

7. Officers should be prepared to brief investigators and other authorized personnel when they arrive on the scene.

Broadcasting a Flash Description If able to determine certain facts about possible suspects, weapons, and vehicles, the responding officer should put out a flash description to other officers in case the suspects are still in the vicinity. Flash descriptions vary in nature, depending on the specific law enforcement agency.

Generally, they should be precise and to the point.

Securing and Protecting the Scene Protecting the crime scene has always been essential to good police work, and this is doubly true today because scientific evidence analysis techniques are becoming an increasingly important part of criminal investigations.

Unnecessary or improper entry may: 1. Destroy or contaminate important evidence 2. Introduce items or substances into the crime scene that may mislead investigators 3. Provide defense attorneys with a basis for discrediting the investigators or the findings of a crime laboratory After these initial functions have been performed, the responding officers should thereafter avoid entering the crime scene and prevent others from doing so until superiors, detectives, or crimescene specialists relieve the responding officers of that responsibility.

In addition to keeping their encroachment upon the crime scene to a minimum, officers should 51

also carefully note the portions of the scene through which they have passed, the routes taken, the objects they have touched, and any other actions they have taken that may have altered or tainted the scene. The scene should be secured to protect encroachment by unauthorized persons.

Protecting scenes unauthorized persons: • • • • •

The area to be declared a crime scene must be defined.

Backup should be requested to help restrict access to the defined crime scene and to control onlookers.

The interior of the crime scene area should be cleared.

Record actions previously taken at the scene.

Restrict access to the scene.

The “Walk-Through”

The walk-through provides the investigator with the first opportunity to locate and view the body, identify valuable and/or fragile evidence, and determine initial investigative procedures providing for a systematic examination and documentation of the scene and body.

Establishing “Chain of Custody” Ensuring the integrity of the evidence by establishing and maintaining a chain of custody is crucial to a successful investigation. Doing so will protect against subsequent allegations of tampering, theft, planting of evidence, and contamination of evidence.

Necessary tasks to establish “chain of custody”: • • • • •

Document location of the scene and time of arrival of the death investigator at the scene.

Determine custodian(s) of evidence, determine which agency or agencies are responsible for collection of specific types of evidence, and determine evidence-collection priority for fragile/fleeting evidence.

Identify, secure, and preserve evidence with proper containers, labels, and preservatives.

Document the collection of evidence by recording its location at the scene, time of collection, and time and location of disposition.

Develop personnel lists, witness lists, and documentation of times of arrival and departure of personnel.

Using Legal “Tools”

“Tools” include: 1. Determine the need for a search warrant 2. Identifying local, state, federal, and international laws 3. Identify medical examiner/coroner statuses and/or standard operating procedures Collecting and Searching for Evidence at the Scene Generally speaking, evidence discovered at the crime scene will serve four objectives: (1) to 52

determine the facts of the crime, (2) to identify the lawbreaker, (3) to aid in the arrest of the perpetrator, and (4) to aid in the criminal prosecution of the perpetrator.

Varieties of crime-scene evidence include firearm evidence, trace material collection, tool mark evidence, collection of bodily fluids, standards of evidence, fire and explosion evidence, outdoor crime scenes, vehicle searches, and interior and victim searches.

Search Patterns The most common search patterns include the spiral search method, grid search method, strip or line search method, and quadrant or zone search method. It is generally recommended that at least two officers search an indoor crime scene. This may best be accomplished by dividing the room in half and having each investigator search half of the room (also known as the quadrant or zone search method).

In most cases, the outdoor crime scene covers a broader area than those that are indoors. One way is to rope off the scene into a grid, referred to as the grid search method. Obviously, circumstances may require investigators to proceed with the search at night. These may include inclement weather or other emergency circumstances. The search of a vehicle requires the same degree of attention as in- door and outdoor searches. The nature of the crime dictates the area of the vehicle to be searched.

The Crime-Scene Search There are two approaches to crime-scene searches. As a first step, the investigator should consider all information provided to him or her by officers who arrived earlier on the scene.

Next, investigators should determine which evidence items seem to play the greatest role in the alleged crime. The principal concern at this point is to observe and document the scene rather than take action.

Collecting Evidence There is a tendency on the part of many investigators to rush the evidence-collection process and focus attention on the obvious. Much critical evidence, often seemingly unimportant, can be located in and around the scene of almost every crime.

The evidence collected first is usually that which is most fragile. Therefore, fingerprints should be lifted as a priority. Next, other fragile evidence, such as blood and other trace evidence, should be collected. When possible, one investigator should serve as the evidence collector.

Evidence that has been collected must be safeguarded until the case goes to court. The total accounting of evidence is known as the chain of custody. This is made up of all persons who have taken custody of the evidence since its collection and who are therefore responsible for its protection and storage.

Chain of Custody:

53

Evidence that has been collected must be safeguarded until the case goes to court. During the trial, if it is determined that labels are missing and evidence is not properly initialed or is otherwise missing or altered, the evidence may be considered inadmissible and the case thrown out. The total accounting of evidence is known as the chain of custody.

• • • • •

The number of persons handling evidence from the time that it is safely stored should be limited. If the evidence leaves the possession of an officer, he or she should record to whom the evidence was given, the date and time, and the reason it was turned over.

Anyone who handles evidence should affix his or her name and badge number to the package containing evidence.

A signed receipt should be obtained from the person accepting the evidence. In turn, the investigator should sign a receipt or log when the item is returned.

When a piece of evidence is turned in, the investigator should check his or her identification mark on it to ensure that it is the same item.

After an item is returned to the investigator, he or she should determine if the item is in the same condition as when it was discovered. Any change in the physical appearance of the evidence should be called to the attention of the court.

Performing the Follow-Up Investigation

The investigator’s duties don’t end at the crime scene. They may very well extend into the community to virtually any source of information that may be of value in the investigation.

Double-checking addresses, possible escape routes, and other leads may provide the investigator with priceless new information.

Tasks required of the follow-up investigator: • • •

Contacting the medical examiner Conducting a neighborhood canvass Preparing crime-scene reports

Contacting the Medical Examiner Some police organizations wait to call the medical examiner until after the crime-scene technicians have conducted preliminary investigations on the crime scene. Investigators must realize that in almost all jurisdictions, the medical examiner will have jurisdiction over the body, so police without proper authorization may not move it.

Conducting a Neighborhood Canvass A neighborhood canvass may also be in order during the early phases of an investigation. This could focus not only on residents but also on employees of stores, delivery personnel, utility personnel, bus and taxi drivers, and so on—those who have specific knowledge of the crime or parts of the crime and general wit- nesses who can provide important background information about the victim and possible suspects.

Preparing Crime-Scene Reports 54

Both responding officers and those conducting follow-up investigations should prepare reports in accordance with departmental policy. At a minimum, crime-scene reports should include the following information: • • • • • • • • •

The date and time at which the officers arrived on the scene Relevant conditions at the time of arrival at the crime scene, including weather and other observations The manner in which the crime was discovered and reported and the identity of the reporting individuals, if known, including their relationship to the victim or other persons involved Identity of any police officers or emergency personnel who were present at the time of arrival of the reporting officer or who arrived thereafter Physical evidence collected and the identities of those who collected it (special note should be made of any valuables discovered, such as currency or jewelry) Full identification information, including names, address, telephone number, and other identifying data regarding witness to the crime The results of interviews with victims and witnesses, including the identities and descriptions of suspects, the methods of operation and other actions of the suspects, the means and route of escape used by the suspects, and so on Diagrams, sketches, photographs, videotapes, and other information prepared at the scene or afterward, including the identity of the persons, whether officers or civilians, who recorded or prepared these items Recommendations that may be helpful to the follow-up investigation (e.g. the names of witnesses or other persons who may be able to provide additional information)

Performing the Follow-Up Investigation The investigator’s duties don’t end at the crime scene. Indeed, they may very well extend into the community to virtually any source of information that may be of value in the investigation. The investigator should remember that the follow-up investigation should build on what has been learned in the preliminary investigation.

• • • • • •

Analyzing reports of officers conducting the preliminary phases of the investigation Reviewing official departmental records and mode of operation (MO) files Gathering information on friends and associates of suspects Examining the victim’s background Checking police intelligence files to develop potential suspects Organizing police actions, such as neighborhood canvassing, raids, and search warrants

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. Answer should include: If police departments want to address the “CSI Effect” at all press conferences the media should be informed of the entire case investigation rules and 55

procedures wherever it would not affect the integrity of the case. The public should be informed the their CSI division reports and methods vary far from TV portrayals and take longer than what is presented in those television shows.

2. Answer should include: The entertainment industry has no obligation, legal or otherwise, to provide more accurate portrayals of CSI. The only way the truth about CSI’s could be presented would be through a documentary of the history to present day investigations.

Some news organizations do a relatively good job in forensic films or shows concerning specific cases.

Learning Outcomes 1: 1. How is the term preliminary investigation defined? Answer: Generally, the term preliminary investigation is defined as an initial inquiry by 2. How does it apply to a crime scene? Answer: The function of the preliminary investigation is closely linked with the duties of the first officer to arrive at the crime scene who, in most cases, is a respondent from the patrol division.

3. What is the primary goal of the first officer responding to a crime scene? Answer: In any crime scene, the first officer and investigators should consider the scene itself as evidence.

4. What are the elements of the preliminary investigation? Answer: Securing the crime scene.

Considering the possible arrest of a suspect. Locating and questioning witnesses and victims.

Documenting the crime scene. Identifying and collecting evidence.

Learning Outcomes 2: 1. What can investigators learn from physical evidence? Answer: The perpetrator of a crime comes into contact with the scene, so he or she will both bring something into the scene and leave with something from the scene. Every contact leaves a trace.

2. What are the two commonly used classifications of evidence, and how do they differ?

Answer: The two types of evidence are physical evidence, which is self-explanatory, and testimonial evidence, which consists of verbal statements offered by a witness.

3. What role does trace evidence play in solving criminal cases? Answer: Trace evidence consists of extremely small items of evidence. With the aid of modern forensic analysis, trace evidence plays a major role in solving capital cases.

4. Given the Locard exchange principle, why are all crimes ultimately solvable? Answer: The perpetrator of a crime comes into contact with the scene, so he or she will both bring something into the scene and leave with something from the scene. If this evidence is found it usually can be tied to a suspect and offered in court toward a person’s guilt.

Learning Outcomes 3: 1. What is the most important role of the responding officer to a crime scene? Answer: The 56

response made by patrol officers must be to initiate a preliminary investigation and carry out the functions until relieved by superior officers or specialists.

2. What are the preliminary duties of the responding officer at a crime scene? Answer: The response made by patrol officers must be to initiate a preliminary investigation and until relieved by superior officers or specialists who then assume responsibilities at the crime scene 3. What measures must be taken to ensure that a crime scene is secured? Answer: When securing crime scene all measures should be taken to secure the scene from any person who does not belong there. Posting an officer at all entrances in and around an area to keep onlookers away from the entire area is a must.

4. What information is included in a flash description? Answer: A flash description is certain facts about possible suspects, weapons, and vehicles.

5. In the description of suspects, why is it important to go beyond simple markers such as race and gender? Answer: There may be more to offer such as height wait, clothing, vehicle and the like that can lead to the suspects fleeing from the scene.

6. What are the dangers of improper initial actions of responding officers? Answer: improper actions by responding patrol officers can cause a loss of evidence or otherwise conduct so prejudice to an investigation that a subsequent successful criminal prosecution becomes impossible.

7. Why is it essential for responding officers to have excellent communication and organizational skills? Answer: Communication skills are important for relaying information about suspects and can lead to an arrest. Organizing what information to dispatch to responding officers can also lead to an arrest.

Learning Outcomes 4: 1. What is the potential harm when a crime scene is not adequately secured and protected?

Answer: Un-necessary or improper entry into the crime scene may destroy or contaminate evidence, introduce items and substances into the crime scene tht my mislead investigators, and/or provide defense attorneys with a basis for discrediting the investigators evidentiary findings.

2. How is a contamination log used? Answer: The contamination log documents any evidence that has been compromised or for which the chain of custody has not been observed.

3. In securing a crime scene, what are the most important steps taken by responding officers? Answer: The area to be declared a crime scene must be defined. Backup should be requested to help restrict access to the defined crime scene and to control onlookers. The interior of the crime scene area should be cleared. Record actions previously taken at the scene. Restrict access to the scene.

4. What factors determine the definition and extent of a crime scene in a given case?

57

Answer: The seriousness of the crime, the location of the crime, the nature of the surrounding environment, the amount of manpower available to maintain a perimeter, and similar factors determine the definition and extent of the crime scene in a given case.

5. Name some equipment required at a crime scene. Answer: Need for a search warrant.

Local, state, federal, and international laws. Medical examiner/coroner statutes and/or office standard operating procedures.

Learning Outcomes 5: 1. With the exception of any unusual circumstances, why is evidence at a crime scene recorded before any objects are collected or removed? Answer: Generally speaking, evidence discovered at the crime scene will serve four objectives: (1) to determine the facts of the crime, (2) to identify the lawbreaker, (3) to aid in the arrest of the perpetrator, and (4) to aid in the criminal prosecution of the perpetrator.

2. What is meant by the term contamination of evidence? Answer: Any evidence that has been compromised by persons at the scene in a way that alters its original “place” or condition at the crime scene.

3. How is evidence discovered at the crime scene used in the investigative process?

Answer: Surveying the crime scene. Documenting the crime scene through sketches. Recording all physical evidence. Searching for fingerprints.

4. What are examples of crime-scene evidence? Answer: Varieties of crime-scene evidence include firearm evidence, trace material collection, tool mark evidence, collection of bodily fluids, standards of evidence, fire and explosion evidence, out- door crime scenes, vehicle searches, and interior and victim searches.

5. What are the phases of the crime-scene search? Answer: Regardless of the method used, evidence must be collected in a comprehensive, nondestructive manner; within a reason- able period; and with unnecessary movement about the scene kept to a minimum.

6. How do the four common search patterns differ? Answer: The differences of crime scene searches are patterns of the search, circular, strip or line, grid, or quadrant or zone search.

7. Which search-pattern method is best for outdoor crime scenes? Answer: In most cases, the outdoor crime scene covers a broader area than those that are indoors. If this is the case, more investigators are required. Accordingly, with the increased size of the scene, a more systematic searching method must be used. One way is to rope off the scene into a grid, referred to as the grid search method.

8. What is meant by the statement “evidence of crimes is dynamic”? Answer: Crime-scene evidence is dynamic. Protection and preservation of the scene are therefore crucial because both avert the possibility of contamination of evidence, loss of evidence, or unnecessary movement of physical evidence.

58

9. Why is the chain of custody an important aspect of the investigative procedures? Answer: The total accounting of evidence is known as the chain of custody. This is made up of all persons (usually, law enforcement personnel) who have taken custody of the evidence since its collection and who are therefore responsible for its protection and storage.

Learning Outcomes 6: 1. Why are follow-up investigations important? Answer: It demonstrates that officers are conscientious enough to follow up on leads even after the preliminary investigation has long been concluded. Double-checking addresses, possible escape routes, and other leads may provide the investigator with priceless new information.

2. How does the preliminary investigation relate to the follow-up investigation? Answer: By performing a follow-up investigation this allows officers to analyze reports of officers conducting the preliminary phases of the investigation; review official reports; gather information on friends and associates of suspects; examine the victim’s background; check police intelligence files to develop potential suspects; and organize police actions, such as neighborhood canvassing, raids, and search warrants.

3. What are the responsibilities of the follow-up investigator? Answer: Analyzing reports of officers during the preliminary investigation. Reviewing official departmental records of modes of operation. Gathering information of friends and associates of suspects. Examining the victim’s background. Checking police intelligence files to develop potential suspects. Organizing police actions such as neighborhood canvassing, raids, and search warrants.

4. What role does the medical examiner play in the investigation process? Answer: Some police organizations wait to call the medical examiner until after the crime-scene technicians have conducted preliminary investigations on the crime scene. Investigators must realize that in almost all jurisdictions, the medical examiner will have jurisdiction over the body, so police without proper authorization may not move it.

5. Why is the neighborhood canvass important in the investigative process? Answer: A neighborhood canvass may also be in order during the early phases of an investigation.

Although investigators may perform this function, the first officer on the scene might be directed to conduct a neighborhood or door-to-door canvass of the area to identify witnesses. This could focus not only on residents but also on employees of stores, delivery personnel, utility personnel, bus and taxi drivers, and so on—those who have specific knowledge of the crime or parts of the crime and general wit- nesses who can provide important background information about the victim and possible suspects.

6. What are the most vital facts found in a crime-scene report? Answer: Date and time at which the officers arrived on the scene. Relevant conditions at the time of arrival at the crime scene, including the weather and other observations. The manner in which the crime was discovered and reported and the identity of the reporting individuals, if known, including their relationships to the victim or other persons involved. Identity of any police officers or emergency personnel who were present at the time of arrival of the reporting officer or who arrived thereafter. Physical evidence collected and the identities of those who collected it (special note 59

should be made of any valuables discovered or collected, such as currency or jewelry). Full identification information, including name, address, telephone number, and other identifying data regarding witnesses to the crime. The results of interviews with victims and witnesses, including the identities and descriptions of suspects, the methods of operation and other actions of the suspects, the means and route of escape used by the suspects, and so on. Diagrams, sketches, photographs, videotapes, and other information prepared at the scene or afterward, including the identity of the persons, whether officers or civilians, who recorded or prepared these items.

Recommendations that may be helpful to the follow-up investigation (for example, the names of witnesses or other persons who may be able to provide additional information).

60

Chapter 4 Identifying Criminal Suspects: Field and Laboratory Process CHAPTER OVERVIEW This chapter introduces us to the forensic side of criminal investigations. Trace evidence analysis, questioned documents, DNA analysis are all discussed by the author. The forensics section also takes a look at ballistics from guns, fingerprints, and forensic photography.

Fingerprints then become an important section of this chapter. Not only are types and patterns of prints reviewed but also searching and “dusting” properly for prints are a topic of discussion. When dealing with fingerprints the author explains the tools of the trade for lifting prints. He also gets into great detail about how they are to be preserved.

The Integrated Automated Fingerprint Identification System (IAFIS) is covered next.

These systems amazing capacities are briefly discussed before the next section covering DNA and how it effect criminal investigations. The author covers the idea of DNA analysis and samples, including elimination samples.

Handwriting analysis is also discussed in this chapter. Handwriting samples are shown as an importance evidence tool as well as how to determine the writing medium when collecting samples can solidify a case.

The author takes these criminal investigative analyses and fits them into a picture of how these items can assist solving a case. The culmination of photographs, witness information, medical examiner’s reports,, map of the victims travels and complete investigation of the incident can often lead to an arrest.

The last part of the chapter focuses on the suspect lineup. The author reviews case law concerning using a lineup and what is the best method. The line up is shown to be a key piece of catching a suspect and proper identification is shown to be key in final arrest.

CHAPTER OBJECTIVES • • • • • • •

Summarize the role of the crime laboratory in a criminal investigation Identify the types and patterns of fingerprints as well as how to search for fingerprints Explain the development and preservation of latent fingerprints Discuss the Integrated Automated Fingerprint Identification System Explain the role of DNA in criminal investigations Describe handwriting analysis Describe criminal composites 61

• •

Discuss the role of investigative analysis to solve crimes Explain the proper methods for conducting lineups

LECTURE OUTLINE The Role of the Crime Laboratory in the Criminal Investigation The crime laboratory plays a pivotal role in criminal investigation. Thus, criminalists are major contributors to the investigative process. The duties and qualifications of criminalists vary greatly from one position to the next.

Trace evidence The trace evidence unit identifies and compares specific types of trace materials that could be transferred during the commission of a violent crime. These trace materials include human hair, animal hair, textile fibers and fabric, ropes, and wood. Physical contact between a suspect and a victim may result in the transfer of trace materials such as hairs and fibers.

Questioned Documents The questioned documents unit examines and compares data appearing on paper and other evidentiary materials. These surface data include handwriting, hand printing, typewriting, printing, erasures, alterations, and obliterations.

DNA Analysis A crime laboratory’s DNA analysis unit analyzes bodily fluids and bodily fluid stains recovered as evidence in violent crimes. Examinations include the identification and characterization of blood, semen, saliva, and other bodily fluids using traditional serological techniques and related biochemical analysis. After the stain has been identified, it is characterized by DNA analysis using the restriction fragment length polymorphism (RFLP) or polymerase chain reaction (PCR) technique. The results of the analyses are compared with results obtained from known blood or saliva samples submitted from the victims or suspects.

The Mitochondrial DNA Population Database is composed of complete nucleotide sequences of the first and second hypervariable segments of the control region of the human mitochondrial genome and consists of two main data sets. The first data set contains individuals from populations of forensic relevance and is contributed mostly by the Scientific Working Group on DNA Analysis Methods and forensic laboratories. The second data set, based on mtDNA concordance, contains nucleotide sequences from ethnic groups around the world.

Both data sets are bundled in MitoSearch, a software pack- age specifically designed for the compilation and analysis of mtDNA databases.

Ballistics

62

The forensic ballistics unit receives and examines evidence related to firearms, firearm components, ammunition, ammunition components, tools, and toolmarks. Evidence in a typical case may include a number of recovered rifles, pistols, shotguns, silencers and other muzzle attachments, magazines, holsters, and a variety of fired and unfired cartridges.

Latent Prints The latent print unit conducts all work pertaining to the examination of latent prints on evidence submitted to the Federal Bureau of Investigation (FBI) laboratory. Latent prints are impressions produced by the ridged skin on human fingers, palms, and the soles of the feet. Unit examiners analyze and compare latent prints with known prints of individuals in an effort to make identifications or exclusions.

Various techniques, including use of chemicals, powders, lasers, alternate light sources, and other physical means, are used in the detection and development of latent prints. In instances in which a latent print has limited quality and quantity of detail, unit personnel utilize Amido black protein. This is an amino-acid-staining diazo dye used in biochemical research to stain for total protein on transferred membrane blots in microscopic examinations to affect conclusive comparisons.

Forensic Photography A crime lab’s forensic photography unit is responsible for imaging operations. This unit captures, processes, produces, analyzes, archives, and disseminates images using traditional silver-based photographic processes and digital imaging technologies.

Types and Patterns of Fingerprints Identifying criminal suspects through the use of fingerprinting has proven to be one of the most effective methods for apprehending persons who might otherwise go undetected and continue their criminal activities.

Types of Prints Among the most valuable clues for the investigator at the crime scene are fingerprints and palm prints. Generally, fingerprints can be divided into three main groups: latent, plastic, and visible.

A latent fingerprint (also called a patent fingerprint) is one that occurs when the entire pattern of whorls on the finger, which contain small amounts of grease, oil, perspiration, or dirt, for example, is transferred to an object when it is touched.

A plastic fingerprint results when a finger presses against plastic material and leaves a negative impression of friction ridges.

A visible fingerprint (also called a dust print) is a print that has been adulterated with foreign matter. If a finger is placed in a thin layer of dust, for example, the dust may cover the friction ridges.

63

Types of Patterns The use of fingerprints for identification purposes is based on distinctive ridge outlines that appear on the bulbs on the inside of the end joints of the fingers and thumbs. These ridges have definite contours and appear in several general pattern types.

Fingerprints may be resolved into three large general groups of patterns: the arch, the loop, and the whorl. Patterns can be further subdivided by means of the smaller differences existing between patterns in the same general group. Patterns are divided as follows: • • • • • • •

Arch loop Whorl Plain Radial Plain tented Ulnar Accidental Central Pocket

Searching for Prints Investigators must be judicious in their search for fingerprints, as such evidence may be located in not-so-obvious places at the crime scene. In a burglary case, for example, the search for prints should begin at the place of entry by the criminal. Investigators should be able, at that point, to determine whether or not the burglar’s hands were protected. If a door has been forced open, prints may be located on the lock or its immediate surroundings or in the general area of entry.

Development and Preservation of Latent Fingerprints The sole purpose of developing, or lifting, a latent finger- print impression is to make it visible so that it can be preserved and compared. Several powders and chemicals are used for this purpose in addition to several techniques designed to develop such evidence.

The “Tools” of the Trade Powders The powder method is used to develop fingerprints by making them show up on a surface where they would otherwise go unnoticed. To develop a latent fingerprint with powder, the powder used should contrast with the color of the surface of the print. The powder is lightly brushed over the print so it will adhere to the oils on the surface of the print pattern.

Iodine Iodine is used on the premise that it attacks the object and changes its color. The grease and oils naturally produced by the skin discolor very easily and naturally become good candidates for development with iodine.

Ninhydrin 64

Another process, involving the development of prints using amino acids present as a result of perspiration, is generally the most common method of fingerprint development for latent prints.

Solutions of ninhydrin in powder or aerosol form can be acquired from fingerprint supply companies.

Silver Nitrate Latent impressions developed by the use of silver nitrate are caused by the reaction of sodium chloride present in perspiration. When a person touches a surface with a sweaty finger, sodium chloride remains (almost indefinitely) while the other chemical compounds decompose. If a solution of silver nitrate is used on the impression, a chemical reaction occurs between the sodium chloride and the silver nitrate, resulting in the appearance of two new chemicals: sodium nitrate and silver chloride.

Superglue Fuming The use of superglue fuming is a relatively simple procedure and is particularly valuable in developing prints on plastic bags, metal foil, waxed paper, lacquered wood, leather, and almost all hard surfaces. Even fruits, vegetables, and dinner rolls have been processed successfully with this procedure.

Lasers Since its development in 1976, this technique has been used to develop prints that could not have been developed through the use of powders, iodine, ninhydrin, silver nitrate, or superglue fuming. The laser procedure is a clean, relatively easy method to develop prints, and pretreatment of the specimen is not required.

Preserving Fingerprints Because of the importance of latent fingerprints in any criminal investigation, great care must be taken to preserve them for later examination and use in court. Generally, plastic and latent prints may remain for years, depending on the type of surface on which they are located. Methods of fingerprint preservation include photography of the print and lifting techniques.

Prints from Gloves Indeed, such gloves—if located—may produce valuable evidence in locating the perpetrator. The glove itself may have a unique, identifiable pattern, as with a fingerprint.

The Integrated Automated Fingerprint Identification System The Integrated Automated Fingerprint Identification System, more commonly known as IAFIS, is a national fingerprint and criminal history database maintained by the FBI’s Criminal Jus- tice Information System (CJIS) Division. The IAFIS provides automated fingerprint search capabilities, latent searching capability, electronic image stor age, and electronic exchange of fingerprints and responses 24 hours a day, 365 days a year. The IAFIS maintains 65

the largest biometric database in the world, containing the fingerprints and corresponding criminal history information for more than 47 million subjects in the Criminal Master File.

DNA and Criminal Investigations DNA technology. DNA has given scientists the means with which to detect the remarkable variability existing between individuals. The results of this technology hold great promise in aiding the criminal justice system in making positive determinations of criminal identity.

Analyzing DNA Genetic patterns found in blood or semen can be just as distinctive as fingerprints. Traditional serology tests on bodily fluids often do not discriminate enough to either exclude or include a suspect in a crime. DNA analysis provides much more conclusive analysis.

The process of analyzing, or “typing,” DNA begins with DNA source material such as blood or semen. After the DNA is removed from the sample chemically, restriction enzymes known as endonucleases are added that cut the DNA into particles or fragments. The particles are then mixed with a sieving gel and sorted out according to size by a process called electrophoresis.

Elimination Samples Elimination samples can be used to determine whether the evidence comes from the suspect or from someone else. It is important for the investigator, while still at the crime scene, to think ahead to the time of trial and possible defenses. For example, in the case of a residential burglary in which the suspect may have drunk a glass of water at the crime scene, an officer should identify appropriate people, such as household members, for future elimination sample testing.

Analyzing Handwriting People often adopt unique styles of their own, frequently characteristic only of that person. Such characteristics are identifiable to handwriting experts, who must be knowledgeable in both photography and microscopy. Writings may occur in many forms, including that on personal correspondence, desks, walls, and even dead bodies.

Requested Exemplars A requested handwriting standard is obtained from a suspect at the formal request of a law enforcement officer and is performed solely as a means to acquire a comparison document.

Therefore, a sufficient number of exemplars must be collected to demonstrate to the examiner the range of natural variations in a suspect’s writing peculiarities. In the event that investigators might not be successful in obtaining exemplars of a suspect’s handwriting, an exemplar may be obtained directly from the suspect.

Collected Exemplars

66

A collected handwriting exemplar is a sample of the suspect’s handwriting that was not written for the purpose of examination and is not evidence in the crime under investigation. The obvious reason for this is that the sample document must be one that the suspect has not prepared or altered deliberately to match a suspect document.

The Writing Medium The process of collecting handwriting exemplars includes being sure that the writing instruments (for example, paper, pencils) used in the sample are the same as those used in the suspect document. Things to look for in selection of paper include its size, thickness, color, and condition. The same type of instrument used for the document questioned should be furnished to the suspect for the control exemplar.

Criminal Suspect Composites One method of developing an idea of the suspect’s general description is to have the witness provide information to a police artist so that a facial composite can be generated. In previous years, construction of the composite was done by a trained artist through drawing, sketching, or painting in consultation with a witness or crime victim.

In the 1960s, techniques were devised for use by those who are less artistic, using interchangeable templates of separate facial features, such as Smith & Wesson’s Identi-Kit. More recently, computer-generated imaging systems have been developed, such as Smith & Wesson’s Identi- Kit 2000.

Facial composites can assist law enforcement in a number of ways: • • • •

Identifying the suspect in a wanted poster Gathering additional evidence against a suspect Assisting investigation in checking leads Warning the public against serial offenders Investigative Analysis to Solve Crimes

For years, the means of identifying the type of person responsible for a particular crime was known as personality profiling. Today, the process, known as criminal investigative analysis, is accomplished by identifying psychological and social characteristics surrounding the crime as well as the manner in which it was committed.

The practice of profiling was developed during World War II by government psychologist William Langer to predict Adolph Hitler’s future actions. As it relates to criminal investigation, profiling is based on the notion that crime is, directly or indirectly, based on the personality of the person committing it.

The field of psychological profiling continues to grow as new areas are developed. Two of the newest areas include hostage negotiation and terrorism. The psychological profiling technique recognizes that emotions such as hate, passion, fear, and confusion may all have certain 67

indicators somewhere at the scene.

Conducting Lineups One recurring problem in criminal investigation is the overreliance by criminal investigators on eyewitness accounts of crimes. This is especially a concern when the identification of a criminal suspect relies heavily on the word of eyewitnesses or victims. In 2009 the Innocence Project reported: “Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing.”

Numerous factors contribute to misidentifications by eyewitnesses. For example, human perception tends to be inaccurate, especially under stress. The average citizen, untrained in observation and subjected to the stress of being a victim of or witness to a crime, is seldom able to describe a perpetrator accurately even, in some cases, after coming face to face with the individual.

Law enforcement officers can also cause misidentifications by suggestive words or conduct. The average witness, anxious to make an identification and influenced by the police officer’s image as an authority figure, tends to be very sensitive to any suggestion made by the police regarding the identity of the perpetrator.

Identification Procedures Identification procedures may be categorized as photo identifications, lineups, or show-ups.

Photo identification procedures may involve the showing of one or several photographs to a witness for the purpose of obtaining an identification.

Types of Lineups The type of lineup used by most police departments across the nation is the simultaneous lineup. In this lineup, the eyewitness views all the people or photos at the same time. In comparison, a sequential lineup involves people or photographs that are presented to the witness one at a time.

In either model, the lineup administrator can be blind— meaning he or she does not know the identity of the suspect— or non-blind—meaning the administrator knows the identity of the suspect. However, in a “double-blind” lineup, neither the officer administering the lineup nor the witness knows the identity of the suspect, so there is no way the officer administering the lineup can influence the witness in any way.

Researcher Gary Wells argues, however, that during simultaneous lineups, wit- nesses use relative judgment. This means that they compare lineup photographs or members with each other rather than to their memory of the offender. This is a problem when the perpetrator is not present in the lineup because the witness will often choose the lineup member who most closely resembles their recollection of the perpetrator.

On the other hand, during sequential lineups, witnesses must make a decision about each 68

photograph or member before moving on to the next, prompting them to use absolute judgment.

In other words, witnesses compare each photograph or person only with their memory of what the offender looked like.

Photo Lineups The photo line-up is a commonly used investigative technique to identify suspects. When used improperly, however, innocent persons can be singled out for prosecution.

Multiple-photo procedures are preferable. The photos may be shown individually, one at a time, or displayed simultaneously in a book or array.

Physical Lineups The lineup, if properly conducted, is significantly less suggestive than the show-up and hence is generally far preferable.

Show-Ups In a “show-up,” the witness is confronted with one suspect only (as opposed to an array). The show-up has been widely condemned by the courts and by experts in law, law enforcement, and law enforcement identification procedures.

The Right to Counsel at Eyewitness Identifications The US Supreme Court expanded this ruling to provide for a right to counsel at any lineup conducted after formal adversary proceedings have been initiated against the suspect, whether by way of formal charge, preliminary hearing, indictment, information, or arraignment.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: www.dna.gov This site provides information related to research and statistics on DNA technology. This information is pertinent to investigators, scientists, officers of the court, lawmakers, victim advocates, or the casual observer interested in DNA technology. Links include statutes and case law, DNA databases, and tools for forensic scientists.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. Answer should include: Depending on the crime scene there would of course be trace evidence to be found at the location of the crime. Along with the DNA of the rape through semen from the attacker there my have been hair samples, fingerprints, and latent prints left at the scene. Preserving the prints from the first crime to the second three years later would have been important. Additionally the use of the Integrated Automated 69

Fingerprint Identification System (IAFIS) would have been available.

2. Answer should include: This answer would be personalized for each student.

3. Answer should include: Each murder should have been focused on individually even though there were two similar type cases. Working them both individually would be the best method while always keeping the possibility of one suspect in mind.

Learning Outcomes 1: 1. What are the various functions of the crime laboratory? Answer: Functions in crime labs include specialists in DNA (blood), trace evidence, handwriting analysis, toxicology, and ballistics, among others.

2. How is DNA analysis used in criminal investigations? Answer: A crime laboratory’s DNA analysis unit analyzes bodily fluids and bodily fluid stains recovered as evidence in violent crimes. Examinations include the identification and characterization of blood, semen, saliva, and other bodily fluids using traditional serological techniques and related biochemical analysis.

After the stain has been identified, it is characterized by DNA analysis using the restriction fragment length polymorphism (RFLP) or polymerase chain reaction (PCR) technique. The results of the analyses are compared with results obtained from known blood or saliva samples submitted from the victims or suspects.

3. What are examples of trace material? Answer: The trace evidence unit identifies and compares specific types of trace materials that could be transferred during the commission of a violent crime. These trace materials include human hair, animal hair, textile fibers and fabric, ropes, and wood.

Learning Outcomes 2: 1. What are the three main groups of fingerprints? Answer: The latent fingerprint, the plastic fingerprint, the visible fingerprint.

2. How does a latent fingerprint differ from a plastic print? Answer: A latent fingerprint (also called a patent fingerprint) is one that occurs when the entire pattern of whorls on the finger, which contain small amounts of grease, oil, perspiration, or dirt, for example, is transferred to an object when it is touched. A plastic fingerprint results when a finger presses against plastic material and leaves a negative impression of friction ridges.

3. What are the different types of patterns of fingerprints? Answer: Arch Loop, Whorl, Plain radial, Plain tented, Ulnar, Accidental double, Central pocket.

Learning Outcomes 3: 1. What are the various ways investigators locate and identify fingerprints at a crime scene? Answer: The search for prints should begin at the place of entry by the criminal.

Investigators should be able, at that point, to determine whether or not the burglar’s hands were protected. If a door has been forced open, prints may be located on the lock or its immediate surroundings or in the general area of entry. When entry is gained through windows, broken 70

glass should be searched for and documented.

2. What is the significance of the new role that IAFIS fingerprinting technology offers the field of criminal investigation and identification? Answer: The IAFIS provides automated fingerprint search capabilities, latent searching capability, electronic image stor age, and electronic exchange of fingerprints and responses 24 hours a day, 365 days a year.

Learning Outcomes 4: 1. What are the different variables searched for by IAFIS to make a match? Answer: It combines with criminal histories, mugshots, scar and tattoo photos, height, weight, hair and eye color, and aliases to help match evidence with identities.

2. How quickly do criminal investigators receive results back from IAFIS for criminal and civil cases? Answer: As a result of submitting fingerprints electronically, agencies receive electronic responses to finger- print submissions within two hours for criminal cases and within 24 hours for civil fingerprint submissions.

3. How is IAFIS used in criminal investigations? Answer: The IAFIS maintains the largest biometric database in the world, containing the fingerprints and corresponding criminal history information for more than 47 million subjects in the Criminal Master File. The fingerprints and corresponding criminal history information are submitted voluntarily by state, local, and federal law enforcement agencies.

Learning Outcomes 5: 1. To what extent has DNA technology improved methods of criminal identification?

Answer: DNA has given scientists the means with which to detect the remarkable variability existing between individuals. The results of this technology hold great promise in aiding the criminal justice system in making positive determinations of criminal identity.

2. Why are recent court rulings addressing the admissibility of DNA evidence in the courtroom significant? Answer: As time goes on, there will undoubtedly be significant legal and scientific challenges to the application of DNA technology in crime solving. Certainly, however, as the “bugs” are worked out, society as a whole will be the beneficiary of this captivating science, which enables virtually positive identification of both criminal suspects and their victims.

3. What is the Southern blotting method of DNA analysis? Who developed it? Answer: A transfer method developed by Edward Southern, called Southern blotting, is used. In this process, the DNA is transferred to a nylon membrane in much the same way that ink is transferred to a blotter. The nylon sheet is then treated with radioactively labeled DNA probes, single-stranded pieces of DNA that can bind through complementary base pairing with target DNA. Whereas a single-locus probe “looks” for only one field, a multilocus probe looks for numerous fields simultaneously. The radioactive probe then merges with the specific DNA sequences found on the membrane fragments. The images that result from X-ray film placed in contact with the membrane to detect the probe configuration look like the price bar codes used 71

on supermarket products.

4. What is meant by elimination samples? Answer: Elimination samples can be used to determine whether the evidence comes from the suspect or from someone else. It is important for the investigator, while still at the crime scene, to think ahead to the time of trial and possible defenses.

Learning Outcomes 6: 1. Why it is important to verify the origin of a requested exemplar? Answer: A requested handwriting standard is obtained from a suspect at the formal request of a law enforcement officer and is performed solely as a means to acquire a comparison document. It is logical to assume that no two samples of a suspect’s handwriting are identical. Therefore, a sufficient number of exemplars must be collected to demonstrate to the examiner the range of natural variations in a suspect’s writing peculiarities. In the event that investigators might not be successful in obtaining exemplars of a suspect’s handwriting, an exemplar may be obtained directly from the suspect.

2. Why is it important to be sure that the writing instruments (for example, paper, pencils) used in the sample are the same as those used in the suspect document? Answer: The process of collecting handwriting exemplars includes being sure that the writing instruments (for example, paper, pencils) used in the sample are the same as those used in the suspect document.

Things to look for in selection of paper include its size, thickness, color, and condition. In short, the sample paper should match, as closely as possible that used by the suspect.

3. What are two skills needed by handwriting experts? Answer: They must be knowledgeable in both photography and microscopy.

4. How are requested and collected exemplars used in handwriting? Answer: A requested handwriting standard is obtained from a suspect at the formal request of a law enforcement officer and is performed solely as a means to acquire a comparison document. A collected handwriting exemplar is a sample of the suspect’s handwriting that was not written for the purpose of examination and is not evidence in the crime under investigation.

Learning Outcomes 7: 1. What are some of the well-known cases in which criminal composites have been used to identify suspects? Answer: Facial composites have been used successfully to identify suspects in numerous cases. Included are the Oklahoma “Murrah Building” bomber Timothy McVeigh and the Baton Rouge serial killer Derrick Todd Lee. 2. What are some disadvantages of using a criminal composite? Answer: Although the FBI has determined artistic hand drawn composites are the ideal many departments lack the talented staff to do this so they rely on computer generated composites, which are not endorsed by the FBI. 3. According to the FBI, what is the correct method for constructing a facial composite?

72

Answer: Today the FBI maintains that hand drawing is still the correct method for constructing a facial composite.

4. In what ways does a facial composite assist law enforcement? Answer: The facial composite can assist law enforcement in a number of ways: identifying the suspect in a wanted poster, gathering additional evidence against a suspect, assisting investigation in checking leads, warning the public against serial offenders.

Learning Outcomes 8: 1. How has investigative analysis been used in the past to capture criminals? Answer: For years, the means of identifying the type of person responsible for a particular crime was known as personality profiling.

2. What is the process of criminal profiling and how does it assist criminal investigations?

Answer: Today, the process known as criminal investigative analysis is accomplished by identifying psychological and social characteristics surrounding the crime as well as the manner in which it was committed.

3. What is Munchausen syndrome by proxy? Answer: More recently, caregivers with a disorder called Munchausen syndrome by proxy (MSBP) have become the subject of profilers.

The disorder involves offenders who injure or cause illnesses in their children to gain attention and sympathy for themselves.

4. What psychological and social characteristics are used by investigators to identify perpetrators and solve crimes? Answer: The psychological profiling technique recognizes that emotions such as hate, passion, fear, and confusion may all have certain indicators somewhere at the scene. After the information has been collected, the investigator analyzes the information and attempts to reconstruct the event. Techniques used are brainstorming to critique the case, use of intuition to follow hunches, and educated guessing. Profiling factors do not consist of clinical observations solely, but rather a collection of investigative data from which to draw inferences about the suspect, victim, and motive of the crime.

Learning Outcomes 9: 1. What is the proper method of conducting a photo lineup? Answer: Consequently, multiplephoto procedures are preferable. In such procedures, the photos may be shown individually, one at a time, or displayed simultaneously in a book or array.

2. What is the value of the composite sketch in identifying a criminal suspect? Answer: A composite may assist investigators for the initial choices to put in a photo array.

3. In what ways do criminal composites assist the criminal investigator? Answer: Composites can assist law enforcement in a number of ways: identifying the suspect in a wanted poster, gathering additional evidence against a suspect, assisting investigation in checking leads, warning the public against serial offenders.

73

Chapter 5 Legal Issues in Criminal Investigation CHAPTER OVERVIEW This chapter focuses on the search process of investigations, specifically seeing that it’s done legally. The probable cause necessary for a search or arrest is very important. The author makes full note of the exclusionary rule and cases where that has been important. Searches incident to arrest is fully reviewed as is the scope allowed for searches.

The exceptions to the exclusionary rule such as the good faith exception, the inevitable discovery doctrine, and computer errors exception are all thoroughly discussed by the author with relevant cases to back up what is and isn’t allowed in searches. The time to get a search warrant is shown through this section as well. There is also a full discussion of advantages to warrants and triggering conditions for obtaining one.

Next the author reviews the warrantless search. He talks of searches where the suspect gives consent, exigent circumstances, and searches incident to lawful arrest. The stop and frisk search, plain view search, automobile search, and open fields search are also part of this chapter.

The arrest of a suspect is the next part of the chapter. The actual definition of an arrest is extensively covered through case law and scenarios. The difference between detention, stop and frisk and arrest are all important discussions by the author.

Use of force is the last two pieces of this chapter. The author explains the proper use of force in arrest and when it is authorized to use deadly force. These are not easy answers and the author brings up many examples of case law.

CHAPTER OBJECTIVES • • • • • • • •

Identify the legal guidelines for conducting searches Explain the exceptions to the exclusionary rule Summarize what information must be contained on a search warrant Explain when warrantless searches are authorized under law Define an arrest Explain what is required for an arrest to be legal Explain when police officers can use force Explain when police officers can use deadly force

LECTURE OUTLINE Legal Guidelines for Conducting Searches 74

The Probable Cause Requirement The probable cause requirement is one of the most important components of the Fourth Amendment because it lies at the heart of police officers’ authority to search, seize, and make arrests. Probable cause is the minimum amount of information necessary to warrant a reasonable person to believe that a crime has been or is being committed by a person who is about to be arrested.

The Exclusionary Rule The exclusionary rule relates primarily to cases involving issues of search and seizure, arrests, interrogations, and stop-and-frisk violations.

The exclusionary rule originated with the 1914 case of Weeks v. United States, 232 U.S. 383 (1914). In 1920, Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920), also addressed the exclusionary rule. Although the Weeks and Silverthorne cases were virtually ignored by state courts, the subsequent Mapp decision (Mapp v. Ohio, 1961) expanded the scope of the exclusionary rule by applying it to both federal and state courts.

The Probable Cause Requirement The probable cause requirement is one of the most important components of the Fourth Amendment because it lies at the heart of police officers’ authority to search, seize, and make arrests. Simply put, probable cause is the minimum amount of information necessary to warrant a reasonable person to believe that a crime has been or is being committed by a person who is about to be arrested. Officers generally establish probable cause through their own observations.

For example, • • •

Did the suspect attempt to run away when approached by the officer?

Did the suspect admit to any part of the alleged crime?

Did the suspect behave furtively, as if he or she were trying to hide something?

Search Incident to Lawful Arrest Chimel v. California (1969) was a watershed case that dealt with areas that are not in plain view that are searched without a warrant. It established that a search made incidental to a lawful arrest must be confined to the area around the suspect’s immediate control. The Chimel case is important, as it relates to criminal investigation; it changed the policy with regard to the scope of the search, as it relates to an officer’s authority to search incident to an arrest.

Exceptions to the Exclusionary Rule Since the Mapp and Chimel cases, the U.S. Supreme Court has developed several exceptions to the exclusionary rule. These play a considerable role in shaping the manner in which police officers are allowed to behave before, during, and after a search and seizure of evidence.

The Good Faith Exception 75

One such case emerged in the summer of 1984 when the laws dealing with search and seizure changed dramatically in United States v. Leon, when the first good- faith exception to the exclusionary rule was decided. During the course of a drug trafficking investigation by the Burbank, California, Police Department, officers secured a search war- rant for the residence of Alberto Leon. Three prosecutors re- viewed the warrant before its being issued by a state court judge. The subsequent search netted large quantities of drugs, and Leon was arrested and charged with drug trafficking. The defense challenged the validity of the warrant based on the unreliability of the informant and moved to suppress the evidence.

The US Supreme Court specified that evidence might be excluded if (1) police officers were dishonest in preparing the affidavit, (2) the warrant was deficient on its face (for example, a wrong or missing description of the place to be searched) such that no officer could reasonably serve it, or (3) if the magistrate was not found to be neutral. The practical effect of the Leon case is that any evidence seized through a search warrant is immune from suppression even if the judge signing the warrant was wrong and there was not probable cause to believe that contraband or other evidence would be discovered under the warrant.

The Inevitable Discovery Doctrine The inevitable discovery exception to the exclusionary rule was developed in the 1984 Nix v.

Williams case. This exception states that evidence that has been seized illegally or evidence stemming from illegally seized evidence is admissible if the police can prove that they would have inevitably discovered it anyway by lawful means.

The Computer Errors Exception In 1995 Arizona v. Evans the court reasoned that officers should not be held responsible for a clerical error made by a court worker and held that the arresting officers acted in good faith based on the information available to them at the time of the arrest.

Searches with a Warrant The search warrant has proven to be one of the most valuable tools in investigation.

criminal

When Are Search Warrants Necessary?

Technically, a person may require the police to produce a warrant before admitting them into his or her home for a search. A warrant is not always legally necessary, and a police officer may have information of which a person is unaware that allows the officer to make a warrantless entry.

Advantages of Searching with a Search Warrant A warrant represents an authorization by the court for officers to enter a designated location or structure and search for specific items. Specifically:

76

• • •

Recover stolen property Seize drugs or other contraband Seize any other type of property used in the commission of a crime

The search warrant must contain specifics about the location to be searched, the objects being sought, the probable cause that indicates that there is property to seize, and a signature of the judge authorizing the search.

A search warrant also benefits the prosecutor by shifting the legal burden to the defendant.

Instead of the prosecutor having to justify a presumably unreasonable search, it becomes the burden of the defendant to show that the evidence was seized illegally.

Basically, the search warrant sets forth the same facts as outlined in the affidavit. Prior to signing the affidavit, the affiant (the officer) must be certain that he or she is first sworn in by a judge The Search Warrant Basically, the search warrant sets forth the same facts as out- lined in the affidavit. Prior to signing the affidavit, the affiant (the officer) must be certain that he or she is first sworn in by a judge. The judge must then sign and date all pages of the affidavit and warrant.

Anticipatory Search Warrants An anticipatory search warrant is a warrant based on an affidavit showing probable cause to believe that at some future time, particular evidence of a crime will be located at a particular place. Anticipatory warrants may not be executed until some specific event (other than the passage of time) has occurred. The specified events are called triggering conditions, and even though the warrant has been issued and is in the hands of the police, until the triggering condition has arisen, the search may not be carried out.

Warrantless Searches The Fourth Amendment says that all searches search warrant.

must be preceded by the officer obtaining a

Several exceptions exist to warrantless searches: • • • • • • •

Consent searches Searches under exigent circumstances Searches incident to lawful arrest Stop-and-frisk searches Plain-view searches Automobile searches Open-field searches

Search by Consent Police can search without a warrant when a suspect gives them permission to do so. Searches in 77

this instance must, of course, be subsequent to an initial detention that was lawful. It is important to remember, however, that a consent search must be authorized voluntarily, with no coercion from officers.

Emergency Searches In the case of an emergency or exigent circumstances, a search may also be conducted without a warrant provided that probable cause exists. As a general rule, the police are authorized to make an emergency warrantless search when the time it would take to get a warrant would jeopardize public safety or lead to the loss of important evidence.

Stop-and-Frisk Searches In 1968, the Supreme Court of the United States declared in the case of Terry v. Ohio (1968) that a police officer may stop a person for questioning if the officer reasonably suspects that the person has committed, is committing, or is about to commit a crime. All that is required is that the officer has a reasonable suspicion that the individual is involved in criminal activity.

The Supreme Court further declared in Terry v. Ohio that an officer who has stopped a suspect may “. . . search for weapons for the protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual.”

Factors Defining a Field Interview The U.S. Supreme Court has held that a police–citizen encounter is consensual (i.e., does not amount to a seizure of the person) as long as the circumstances of the encounter are such that a reasonable person would feel that he or she was “free to leave,” to terminate the encounter and depart at any time.

The Consensual Encounter versus Investigative Detention Police contacts with citizens that do not involve an interrogation or arrest are referred to as consensual encounters. Stopping to talk to a citizen is not improper but investigating officers must remember that the citizen may refuse to speak with the officer and may be allowed to simply walk away.

A Citizen’s Right to Refuse the Contact or to Answer Questions The citizen has the right to refuse to answer questions asked by an officer. When this happens, this is not a basis for any further action by the officer.

Freedom to Leave If there are no grounds for reasonable suspicion that the individual being interviewed is engaged 78

in criminal behavior, he or she is free at all times to discontinue the interview and, as the courts have said, “go about his (or her) business,” that is, walk away from the officer.

When a Consensual Encounter Escalates into an Investigative Detention In some cases, what begins as a consensual contact may evolve into something more based on information developed by the officer during the contact. This can occur when statements are made or other circumstances create reasonable suspicion to believe that the citizen has committed, is committing, or is about to commit a crime.

The officer, however, must be able to point to specific facts, when taken together with rational inferences, reasonably war- rant the stop.

These facts could include: 1. The appearance or demeanor of a subject suggests that he or she is engaged in a criminal act.

2. The actions of the subject indicate that he or she is engaged in a criminal activity.

3. The hour of day or night is inappropriate for the subject’s presence in the area.

4. The subject’s presence in a neighborhood or location is inappropriate.

5. The subject is carrying a suspicious object.

6. The subject’s clothing bulges in a manner consistent with carrying a weapon.

7. The subject is located in proximity (time and place) to an alleged crime.

8. The officer has knowledge of the subject’s prior involvement in criminal activity.

Therefore, if the officer feels that a consensual encounter has become an investigative detention, the officer should be prepared to clearly articulate the factors that, in the officer’s mind, created this transition.

That said, two additional points should be made. First, the refusal of a citizen to cooperate in a police–citizen contact does not form the basis for reasonable suspicion. Second, refusal to cooperate, especially when accompanied by hostile statements or behavior, may be construed by an officer as disrespectful to him or her personally and his or her authority (e.g., “contempt of cop”).

When a Subject Runs The United Supreme Court has addressed this and concludes that flight from contact with police officers provides an additional basis for conducting an investigative detention. In the U.S. Supreme Court case Illinois v. Wardlow (2000), it was determined that fleeing constitutes an additional factor for determining reasonable suspicion to conduct an investigative detention.

Pat-Down Searches As noted earlier, Terry v. Ohio, other court decisions, and various state statutes give officers the authority to conduct a pat- down search or “frisk” of a suspect who has been the subject of a valid investigative stop if the officer reasonably believes that the suspect may possess a weapon.

79

Plain View Searches Police officers have the opportunity to begin investigations or confiscate evidence without a warrant based on what they find in plain view and open to public inspection. This has become known as the plain-view doctrine, a doctrine first stated in the Supreme Court ruling in Harris v. United States (1968). The court ruled, “objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be used as evidence.”

The criteria for a valid plain-view search were identified in Coolidge v. New Hampshire (1971).

The court identified three criteria: 1. The officer must be present lawfully at the location to be searched.

2. The item seized must have been found inadvertently.

3. The item is contraband or would be useful as evidence

of a crime.

Automobile Searches The precedent established for warrantless searches of auto- mobiles is the automobile exception, or the Carroll doctrine (Carroll v. United States, 1925). This decision established that the right to search a vehicle does not depend on the right to arrest the driver but on the premise that the contents of the vehicle contain evidence of a crime.

In a 1981 decision, the U.S. Supreme Court held that warrantless seizures of evidence in the passenger compartments of a car, after a lawful arrest, are valid (New York v. Belton, 1981).

In a high-impact case, California v. Acevedo (1991), much of the confusion about vehicle searches was eliminated. The Acevedo case holds that if an officer has probable cause to believe that a container in an automobile holds contraband, the officer may open the container and seize the evidence, provided that the evidence is in fact contraband.

The law on vehicle searches has changed dramatically over the past 20 years, enabling police officers more latitude in their search and seizure authority. In Pennsylvania v. Labron (1993), the Supreme Court ruled that there is no need for a search warrant in vehicle searches if the vehicle is readily mobile, even if there is time to obtain a warrant. In a related case, the Court held that police officers with probable cause to search a car may inspect passengers’ belongings found in the car that are capable of concealing the object of the search (Wyoming v. Houghton, 1999).

Vehicle Inventory Search In 1970, the U.S. Supreme Court reaffirmed the right of officers to search a vehicle that is moving or is about to be moved, provided that there is probable cause to believe that the vehicle contains items that are legally seizeable. In the Chambers v. Maroney (1970) case, the Court referred to the earlier case of Carroll v. United States and determined that a search warrant is unnecessary provided that probable cause exists that contraband is contained in the vehicle, that 80

the vehicle is movable, and that a search warrant is not readily obtainable.

Open Field Searches In Oliver v. United States (1984), the U.S. Supreme Court reaffirmed its position that open fields are not protected by the Fourth Amendment. This differs from constitutional protection over buildings, houses, and the area surrounding them, known as curtilage. The curtilage is considered one’s yard.

Defining Curtilage In a 1987 decision, United States v. Dunn, the Supreme Court ruled that the warrantless search of a barn that is not part of the curtilage is valid. The Dunn decision, although still subject to imprecise application, is helpful because it narrows the definition of what buildings should be considered curtilage of the main residence.

Making An Arrest Legally speaking, an arrest is a seizure of a person. The Fourth Amendment reads, “The right of the people to be secure in their persons, 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.” It is the arrest that is one of the most critical aspects of an investigator’s responsibilities.

What Is an Arrest?

The term arrest may take on many different interpretations. For example, it is the official interaction between a peace officer (law enforcement officer) and a suspected lawbreaker when the suspect is captured and delivered before the court. It may also be construed as the simple restriction of one’s freedom by an agent of the government.

The Lawful Arrest Probable cause is required for a lawful arrest. The general test the courts consider to determine whether probable cause exists for an arrest is whether facts and circumstances within the officer’s knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime.

Laws of arrest vary from one jurisdiction to another, but peace officers are generally authorized to make an arrest on the authority of an arrest warrant for either a misdemeanor or a felony offense. Under the strictest interpretation of the U.S. Constitution, a warrant should be required for all arrests. However, the courts have loosely interpreted this requirement in allowing officers to arrest without a warrant if they personally observe any violation of the law.

Arrests are authorized under the following conditions: •

When the officer has probable cause to believe that the person to be arrested has 81

• •

committed a violation of the law “in his or her presence” When the officer has probable cause to believe that the person to be arrested has committed a felony but “not in his or her presence” When the officer has probable cause to believe that the person to be arrested has committed a felony whether or not a crime has been committed

Detention versus Arrest What constitutes an arrest? How does an arrest differ from an investigative detention? Thomas Adams states that police intervention may be classified as a contact, a consensual encounter, an investigative detention, or an arrest: • • • •

Contact. In this situation, the subject is free to walk away if he or she so desires. It is the sole decision of the subject whether or not to cooperate with an officer.

Consensual encounter. In this situation, the officer may not exert any authority over the subject. Officers can continue to seek the subject’s cooperation but cannot demand it.

Investigative detention. This is defined as something less than an arrest but more than a consensual encounter. Generally, this is when a person thinks that he or she cannot just walk away (Terry v. Ohio).

Arrest. This is the act of placing a person in custody for a suspected violation of criminal law.

Investigatory Stops Three constitutional requirements exist for an investigative detention, or a Terry stop, to be lawful: 1. The officer must be able to point to objective facts and circumstances that would warrant a reasonable police officer to link the detainee’s conduct with possible criminal activity.

2. The officer must proceed with the investigation as expeditiously as possible to avoid unnecessarily prolonging the period of involuntary detention.

3. The officer must stay within the narrow investigative boundaries allowed for reasonable suspicion in Terry stop situations.

To satisfy the reasonable suspicion standard, the officer must possess objective grounds for suspecting that the person detained has committed, is committing, or is about to commit a crime.

Courts consider “rational inferences that arise from the facts,” as well as the facts themselves, in deciding whether the officer’s information was sufficient to satisfy the reasonable suspicion standard.

When Is a Person under Arrest?

The courts have held that a suspect is seized within the meaning of the Fourth Amendment whenever a law enforcement officer restricts his or her freedom to leave.

82

•

Seizure by submission to a show of legal authority. The test for whether there has been a show of authority is objective— whether a reasonable person in the suspect’s place would feel that he or she was not free to ignore an officer’s request and walk away.

•

Seizure by physical restraint. If the suspect does not submit to an officer’s show of legal authority, no seizure occurs until the suspect is actually brought under the officer’s control. The free-to-leave test has been repeatedly adopted by the court as the test for a seizure.

This issue was considered in the California v. Hodari (1991) case, where the court ruled that a Fourth Amendment seizure does not occur when law enforcement officers are chasing a fleeing suspect unless the officers apply physical force or the suspect submits to the officer’s show of authority. A juvenile named Hodari was standing with three other youths on a street corner in downtown Oakland, California. When an unmarked police car was observed approaching, the youths ran in different directions. An officer exited the police car, pursued, and finally caught up with Hodari. Just before being tackled, Hodari tossed away a bag containing crack cocaine that was later used as evidence to convict Hodari of possession of cocaine.

Upon review by the U.S. Supreme Court, the justices considered the issue of whether or not an arrest had been made. In a majority decision, Justice Antonin Scalia said, “An arrest requires either physical force . . . or, where that is absent, submission to the assertion of authority.” He later added, “Neither usage nor common-law tradition makes an attempted seizure a seizure.”

The conviction was reaffirmed.

When there is no physical contact between the officer and suspect the totality of the circumstances must be considered when deciding if an arrest has been made. It must be shown that the officer’s words or actions would have led a reasonable person to believe that he or she was not free to leave before the officer attempts seizure of the person. Also, the person must somehow show his or her submission to the officer’s authority before the seizure actually occurs.

Other factors affecting the legality of an arrest include the following: • •

The officer must have the appropriate legal authority to do so (for example, jurisdiction).

Arresting officers must be sure that persons arrested fall under the authority of the law (for example, being physically placed into custody by the officer or submitting to the assertion of authority).

Use of Force

Balancing issues of a violent society with the safety concerns of police personnel creates many obstacles and concerns in developing departmental policies and procedures. The prevailing police perspective is based on a serious concern for the welfare of officers who must cope with the constant threat of a violent society. In contrast, citizens are fearful that police officers may exceed their legal bounds and use force as a means of punishment rather than control.

Police officers deal every day with persons who are violent, under the influence of drugs or 83

alcohol, mentally deranged, or just desperate to avoid arrest. To cope, officers are granted specific legal authority to use force under constitutional law and the laws of most states.

Our society recognizes three legitimate and responsive forms of force: 1. The right of self-defense, including the valid taking of another person’s life to protect oneself 2. The power to control those for whom some responsibility for care and custody has been granted an authority figure, such as a prison guard 3. The institution of a police group that has relatively unrestricted authority to use force as required Police officers are taught that the penalties for abusing their authority to use force can be severe.

The federal standard for police use of force was established by the U.S. Supreme Court in Graham v. Connor (1989). In that case, the Court recognized that the police officer’s duty to make arrests and to conduct searches and investigatory stops carries with it the authority to use force reasonably or to threaten the use of force. The Graham decision allows officers to use force for two reasons only: defense and control, not punishment.

A court will use the following standard to determine whether such force was reasonable. First, the officer’s conduct will be compared with that of a “reason- able officer” confronted by similar circumstances. Second, when the judge and jury evaluate the officer’s actions, they must do so from the “standing in your shoes” standard.

Understanding Reasonableness Under the Graham decision, the Court identified three key factors based on the totality of the circumstances to use in evaluating an officer’s use of reasonable force: 1. The severity of the crime committed 2. Whether the suspect posed an immediate threat to the safety of officers or others 3. Whether the suspect actively resisted arrest or attempted to evade arrest by flight Levels of Force Although it is important to consider this continuum in deter- mining the various levels of force, it is also important to consider operational basics that apply to all police officers regarding the use of force. For example, experience tells us that although modern aerosol sprays can cause considerable discomfort, they seldom (if ever) result in bodily injury. In comparison, use of a baton may result in serious tissue damage, depending on the area targeted by the officer. So because using aerosol spray has a lower propensity for causing pain or injury, it has a low level of force.

Officers should constantly consider their options when approaching what they perceive to be a dangerous situation. In doing so, if the need to use force becomes a reality, proper application of force will be available quickly.

84

Use of Deadly Force In 1967, the President’s Commission on Law Enforcement and the Administration of Justice noted that most police departments had no policy to guide them on the use of deadly force. In its most commonly used parlance, the term deadly force refers to actions of police officers that result in the killing of a person. As mentioned previously, police officers are legally authorized to use deadly force under certain circumstances.

As a rule, such actions result from situations in which per- sons are fleeing the police, assaulting someone, or attempting to use lethal force against another person (including a police officer). If deadly force is used improperly or illegally, the officers responsible may be criminally liable, and both the officers and the police department may be sued in a civil action.

Three factors that must be present to justify deadly force: 1. Attacker must possess the power to kill or inflict crippling injury 2. Attacker must be capable of immediately employing that power in an attack 3. Attacker must act in a manner that a reasonable and prudent person would conclude that the attacker has intent to kill or inflict crippling injury Fleeing Felon Rule Until the mid-1980s, the shooting of a suspect by police was tolerated by many police agencies.

Police officers in those early days often worked alone and lacked sophisticated communications technology with which to track suspects who were wanted by police.

Before 1985, police officers were legally authorized by most states to use deadly force in apprehending fleeing felons. In a watershed decision by the U.S. Supreme Court in March 1985, it was determined that Tennessee’s fleeing-felon law was unconstitutional. Tennessee v. Garner (1985) involved the police shooting and subsequent killing of an unarmed boy as the youth fled from an unoccupied house. In this case, the officer could see that the suspect was a youth and that he was unarmed. The officer argued, however, that if the youngster were able to leap a fence, he would be able to escape.

Reasonable deadly force is authorized under three circumstances: 1. To prevent an escape when the suspect has threatened an officer with a weapon 2. When there is a threat of death or serious physical injury to the officer or others 3. If there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical injury and, when practical, some warning has been given by the officer

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: 85

www.Supremecourt.gov This is the official site of the U.S. Supreme Court. The site gives visitors access to various court documents, including oral arguments and opinions. The site has video resources, press releases, and media advisories. It includes links for jobs and internship programs as well as related organizations such as the Federal Judicial Center and the United States Sentencing Commission.

Visitors can also search for documents and docket files.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. Answer should include: Information for a search warrant could be relevant for this case if there were a suspect’s car or apartment to link to the murders. If the investigation to this case leads to an enclosed area for search, such as a car, residence, or building, it would be advisable to get a search warrant prior to search. At this stage there is no suspect so no search there is no need for a search warrant.

2. Answer should include: Again a warrantless search would be unadvisable in that found evidence could be ruled unconstitutional and excluded from a criminal trial. But in this case there is no enclosed area for search given there are no suspects.

Learning Outcomes 1: 1. Explain the roles played by the Fourth, Fifth, and Sixth Amendments in searches and seizures and how they relate to the investigative process. Answer: Fourth Amendment deals with “search and seizure” of a suspect or an occupied structure. These would require warrants as situations dictate. The Fifth Amendment deals with right against self-incrimination during arrest.

Miranda warning would be necessary before interrogation. And Sixth Amendment rights apply at time of arrest for an attorney and a “speedy trial.”

2. Define “scope of the search” and how it relates to criminal investigation. Answer: The scope of a search relates to an officer’s authority to search incident to an arrest.

3. What is probable cause? Answer: Probable cause is the minimum amount of information necessary to warrant a reasonable person to believe that a crime has been or is being committed by a person who is about to be arrested.

4. What facts help establish probable cause? Answer: Did the suspect attempt to run away when approached by the officer? Did the suspect admit to any part of the alleged crime? Did the suspect behave furtively, as if he or she were trying to hide something?

5. What are some of the important cases involving police searches? Answer: Weeks v. United States, 232 U.S. 383 (1914). Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920) Mapp v. Ohio, 1961. Chimel v. California (1969).

86

Learning Outcomes 2: 1. Explain the practical benefits of the exclusionary rule and how the rule impacts criminal investigations— negatively and positively. Answer: The exclusionary rule relates primarily to cases involving issues of search and seizure, arrests, interrogations, and stop-and-frisk violations.

In addition, it pertains to any evidence obtained illegally even though it may be both relevant and material. The exclusionary rule states that courts will exclude any evidence that was illegally obtained even though it may be relevant and material. In a positive light the exclusionary rule curtails the power of the government to unnecessarily or illegally search without probable cause.

2. What are the historic legal origins of the exclusionary rule? Answer: The exclusionary rule originated with the 1914 case of Weeks v. United States, 232 U.S. 383 (1914). In the Weeks case, the U.S. Supreme Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment. In 1920, Silverthorne Lumber Co. v.

United States, 251 U.S. 385 (1920), also addressed the exclusionary rule. It was a U.S. Supreme Court Case in which Silverthorne attempted to avoid paying taxes. Federal agents illegally seized tax books from Silverthorne and made copies of the records. The subsequent Mapp decision (Mapp v. Ohio, 1961) expanded the scope of the exclusionary rule by applying it to both federal and state courts.

3. Explain the three major exceptions to the exclusionary rule. Answer: “The Good faith exception.” The Inevitable Discovery Doctrine. The Computer Errors Exception.

4. What is the impact of these exceptions on police work and behavior? Answer: The exceptions allow for some human error to police work as well as good work done by police officers can not be excluded from trial when officers are acting “in good faith.”

Learning Outcomes 3: 1. What are the advantages of searching with a search warrant? Answer: It authorizes the search of homes, businesses, and vehicles of suspects; typically results in the arrest of multiple suspects; and expedites investigation and sub- sequent case closure.

2. What are ways in which obtaining a search warrant benefits the criminal investigator?

Answer: Among the many tools afforded the criminal investigator, the search warrant has proven to be of substantial worth. It represents an authorization by the court for officers to enter a designated location or structure and search for specific items.

3. What specific information must be included in a search warrant? Answer: The search warrant must contain specifics about the location to be searched, the objects being sought, the probable cause that indicates that there is property to seize, and a signature of the judge authorizing the search.

4. How can a search warrant be used? Answer: Basically, the search warrant sets forth the same facts as outlined in the affidavit. Prior to signing the affidavit, the affiant (the officer) must be certain that he or she is first sworn in by a judge. The judge must then sign and date all pages of the affidavit and warrant.

87

5. In what ways does the search warrant aid the prosecutor? Answer: A search warrant also benefits the prosecutor by shifting the legal burden to the defendant. Instead of the prosecutor having to justify a presumably unreasonable search, it becomes the burden of the defendant to show that the evidence was seized illegally.

Learning Outcomes 4: 1. Under what conditions can a search be conducted without a search warrant? Answer: Search by consent. Emergency searches. Search incident to lawful Arrest. Stop and Frisk Searches. Plain view searches. Automobile searches. Open field searches.

2. What are the legal justifications for searching without a warrant? Answer: It is incumbent on investigating officers to demonstrate that a dire situation existed that justified their actions.

Failure to do so will result in the evidence seized being deemed illegal.

3. Which constitutional amendment deals with warrant requirements? Answer: 4th Amendment.

4. What are some situations in which a judge may uphold a warrantless search? Answer: Threat of removal or destruction of evidence. A danger to life. The threat of a suspect escaping.

Learning Outcomes 5: 1. Identify the legal and practical effects of making an arrest that is illegal and how doing so affects criminal investigations. Answer: An improper or illegal arrest can negate all investigative efforts and result in the suspect going free.

2. Explain the legal requirement for making a lawful arrest. Answer: Probable cause is required for a lawful arrest. The general test the courts consider to determine whether probable cause exists for an arrest is whether facts and circumstances within the officer’s knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime 3. What is the most common type of arrest? Answer: Laws of arrest vary from one jurisdiction to another, but peace officers are generally authorized to make an arrest on the authority of an arrest warrant for either a misdemeanor or a felony offense.

4. What is the difference between detention and arrest? Answer: Contact – in this situation the subject is still free to walk away. Consensual encounter – the officer may not exert any authority over the subject. Investigative detention – less than arrest but more than a consensual encounter. Arrest – the act of placing a person in custody.

5. What is meant by reasonable suspicion? Answer: The officer must be able to point to objective facts and circumstances that would warrant a reasonable police officer to link the detainee’s conduct with possible criminal activity.

Learning Outcomes 6: 88

1. Did the suspect attempt to run away when approached by the officer? Answer: Sometimes, police will observe a subject who runs after seeing the officers. The United Supreme Court has addressed this and concludes that flight from contact with police officers provides an additional basis for conducting an investigative detention. In the U.S. Supreme Court case Illinois v. Wardlow (2000), it was determined that fleeing constitutes an additional factor for determining reasonable suspicion to conduct an investigative detention.

2. Did the suspect admit to any part of the alleged crime? Answer: The suspect does not need to admit to any part of a crime to be placed under arrest. The most common type of arrest is that which follows the questioning of a suspect. After a decision to arrest is reached, the officer must come to the conclusion that a crime has been committed and that the suspect is probably the one who committed it.

3. Did the suspect behave furtively, as if he or she were trying to hide something? Answer: Furtive movements can lead an officer to make a search but not necessarily an arrest. A suspect trying to hide something would further add to reasonable suspicion as well as minimally a Terry stop and frisk. A quick search of the area where the suspect was behaving suspiciously is allowed by the court for officer safety.

Learning Outcomes 7: 1. Explain the use-of-force continuum and under what circumstances an officer’s escalation of force is justified. Answer: To protect the officer from danger. To overcome resistance. To prevent escape.

2. Identify the constitutional standard for use of force by police as identified under Graham v. Conner. Answer: In the Graham case, the Court recognized that the police officer’s duty to make arrests and to conduct searches and investigatory stops carries with it the authority to use force reasonably or to threaten the use of force. The Graham decision allows officers to use force for two reasons only: defense and control, not punishment.

3. What is the fleeing-felon rule? Answer: The U.S. Supreme Court in March 1985, it was determined that Tennessee’s fleeing-felon law was unconstitutional. Pursuant to Garner, the Court ruled that for the use of deadly force by police to be lawful, it must be “reasonable.”

Reasonable deadly force is authorized: to prevent escape when the suspect has threatened an officer with a weapon. When there is a threat of death or serious physical injury to the officers or others, there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical injury and, when practical, some warning has been given by the officer 4. What Supreme Court case established the rules for use of force by law enforcement officers? Answer: Tennessee v Garner (1985)

89

Chapter 6 Interviews and Interrogations CHAPTER OVERVIEW This chapter focuses on interviews and interrogations. The interview is mainly part of dealing with the witnesses and victims of crimes whereas the interrogation is more focused on the suspect. The interview process is used extensively by law enforcement and the author does explain how an effective interview can lead to an arrest of the suspect The author speaks of the cognitive interview and how if effectively used more information can come from witnesses and quite possibly lead to confession by someone initially seen as present at the crime scene. The concept of “think-aloud” interview is presented by the author and how this elicits responses from people free from the interviewer’s bias. The idea of verbal probing technique is also presented as effective.

The suspect interrogation section of this chapter discusses goals and safeguarding against police misconduct through duress or coercion. The author discusses the rules of the Miranda warnings and the suspect’s right to counsel. With that documenting that these warnings took place are very important. Also the public safety exception to Miranda warnings is part of this section. Additionally the author shows how effective the right setting can be for an interrogation.

The chapter goes further to explain aspects of detecting deception and lying. There is full discussion of how to note lying techniques by suspects. There is the use of the polygraph machine in interrogations. And there is also a piece about why suspects do sometimes confess.

Lastly the chapter reviews the importance of documenting interrogations. The idea is presented of how to best document and record interrogations and interviews.

CHAPTER OBJECTIVES • • • • • • • •

Differentiate between interviews and interrogations Describe effective interviewing and interrogation techniques Describe the procedure for conducting the cognitive interview technique Explain the procedures for proper interrogations Summarize the legal requirements of interviewing and interrogation, including Miranda rights Identify how lying and deception are detected Explain why people confess Summarize how to take written and recorded statements

90

LECTURE OUTLINE Interview versus Interrogation The distinction between an interview and an interrogation is often blurred, but it can be expressed in terms of the purpose of the contact. An interview is a question-and-answer session with a suspect, victim, or witness that is non-accusatory in nature. The objective of an interview is to learn information and evaluate the subject’s credibility.

The interrogation should not consist of questions that are accusatory because this will result in continued denials from the subject. Instead, it should consist of a monologue during which the investigator makes statements crafted to convince the subject to tell the truth. The monologue typically addresses the circumstances that led up to the subject’s commission of the crime.

The Interview Process The interview is a form of communication used extensively by law enforcement. It is used in many ways to glean information from the subject being interviewed. Investigators should take the time to prepare properly for the interview. Generally, the most common interviews that investigators will conduct are with witnesses, cooperating citizens, victims, informants, and suspects.

Interviewing Witnesses, Citizens, and Victims Investigators must remember that although the interview process is geared toward those believed simply to have information about a crime, witnesses often turn out to be suspects. Sources for interviews include the victim, witnesses, and the complainant. These subjects should be separated before questioning begins.

The Cognitive Interview Another widely accepted interviewing technique is the cognitive interview. As a rule, the cognitive interview technique is used for eliciting information from victims and witnesses, as opposed to obtaining confessions from suspects.

Two main forces were behind the development of the cognitive interview. The first was the need to improve the effectiveness of police interviews when questioning witnesses. The second was to apply the results of psychological research in this area, particularly the work of Elizabeth Loftus, whose research had already dispelled the myth that an eyewitness’s memory operates like a video camera.

The traditional interviewer asks many questions, each of which elicits a very brief response. The cognitive interview, on the other hand, is less directive and is in some ways a question-less interview. The good interviewer tries to create a social environment so the witness generates information without having to wait for questions to be asked.

91

“Think Aloud” Interviewing The term think-aloud is used to describe a very specific type of activity in which subjects are explicitly instructed to “think aloud” as they answer the survey questions. The interviewer interjects little else, except to say, “Tell me what you’re thinking” when the subject pauses.

The advantages of the “think-aloud” interview technique is that it elicits responses from the subject that are free from interviewer bias and that little formal training is required to prepare the interviewer for the use of the technique. The disadvantages are that it is easy for the subject to lose focus and stray from the task.

Verbal Probing Technique The use of verbal probing is the basic technique that has increasingly come into favor with cognitive researchers. After the interviewer asks the survey question and the subject answers, the interviewer then asks for other, specific information relevant to the question or to the specific answer given. In general, the interviewer “probes” further into the basis for the response.

The Suspect Interrogation It is not at all uncommon during the progress of a case for a person who was interviewed as a witness or victim to become a primary suspect at a later date. In that event, as the case progresses, the investigator can use information learned in the earlier interview.

Goals of the Interrogation • • • • •

To learn the truth of the crime and how it happened To obtain an admission of guilt from the suspect To obtain all facts to determine the method of operation and the circumstances of the crime To gather information that enables investigators to arrive at logical conclusions To provide information for use by prosecutors in possible court action

Safeguarding against Police Misconduct Several types of behavior have been identified as improper (even illegal) for the police investigator and will result in any confession obtained from the suspect being deemed inadmissible by the courts.

Coercion is defined as the use, or threat of use, of illegal physical methods to induce a suspect to make an admission or confession. Duress is the imposition of restrictions on physical behavior, such as prolonged interrogation and deprivation of water, food, or sleep.

The Suspect’s Right to Legal Counsel The legal guidelines to protect the rights of the accused were defined further by the U.S. Supreme Court in such cases as Escobedo v. Illinois (1964) and Miranda v. Arizona (1966).

92

In Miranda v. Arizona (1966) the legal question in this case was “Do the police have a responsibility to inform a subject of an interrogation of his or her constitutional rights involving self-incrimination and a right to counsel before questioning?” Again, the answer is yes.

The public safety exception to Miranda was ruled on in New York v. Quarles (1984). This decision found that police officers who are reasonably concerned for public safety may question persons who are in custody and who have not been read the Miranda warning.

Miranda applies only when testimonial evidence is being sought. It applies only to custodial interrogations, not to circumstances in which the suspect is free to leave. The custodial interrogation rule applies not only when the suspect has been arrested before questioning but also when his or her liberty has been restricted to a degree that is associated with arrest.

The Miranda Warning In the Miranda v. Arizona (1966) case, a 23-year-old, Miranda, was arrested and transported from his home to the police station for questioning in connection with a kidnapping and rape. He was poor and uneducated. After two hours of questioning, officers obtained a written confession that was used against him in court. He was found guilty of the kidnapping and rape.

The legal question in this case is “Do the police have a responsibility to inform a subject of an interrogation of his or her constitutional rights involving self-incrimination and a right to counsel before questioning?” Again, the answer is yes.

In addition to being informed of these rights, the suspect must also agree, freely and voluntarily, to waive them before police can begin questioning.

The Public Safety Exception to Miranda The public safety exception to Miranda was ruled on in New York v. Quarles (1984). This decision found that police officers who are reasonably concerned for public safety may question persons who are in custody and who have not been read the Miranda warning. In this case, a woman complained to two officers that an armed man had just raped her.

The Court also ruled that if Miranda warnings had deterred the suspect from giving such information, the cost to society would have been much greater than the simple loss of evidence: As long as the gun remained in the pile of cartons, it posed a public safety hazard.

Defining Custody Miranda applies only when testimonial evidence is being sought. In addition, it applies only to custodial interrogations, not to circumstances in which the suspect is free to leave.

Conversely, if the suspect is approached in his or her own home by officers possessing an arrest warrant, the Miranda warning must be given before questioning. In brief, the test is whether the interview is custodial, not whether the investigation has focused on a particular person being interviewed.

93

The Interrogation Setting In addition to the manner in which the interrogator treats the suspect, it is also important to consider the physical surroundings where the questioning occurs. Because of pressure from peers and family members who might be present at the scene, it is important to remove the suspect from familiar surroundings and take him or her to a location with a more sterile and less threatening atmosphere. This encourages the suspect to feel comfortable in unloading the burden of guilt.

The Interrogation Procedure As a rule, two investigators handle the interrogation: One actually conducts the questioning, and the second acts as a witness to statements made by the suspect.

Detecting Deception Verbal Symptoms of Deception Because of certain psychological and cultural differences, a perceptive investigator can sometimes readily identify the manner in which people lie. A trained listener can observe a pattern of evasiveness in the suspect and after a period is able to identify these statements as lies or efforts to deceive.

Liars and Lying When individuals tell the truth, they often make every effort to ensure that other people understand. In contrast, liars attempt to manage others’ perceptions.

The ability of an investigator to detect deceptive behavior depends largely on his or her ability to observe, catalogue, and differentiate human behavior.

Breaking the Suspect’s Alibi Alibis need to be checked out in order to see if they are truthful, valid, or other- wise accurate. If not, the subject providing the alibi may be lying.

A person who has created a false alibi has to put together a fictitious story about where they were or why it was not them who committed the crime. The problem with this is, it is almost impossible to construct a story that takes into consideration every possible aspect. When the subject is presented with an unknown element that challenges their story, they have to make up more lies to accommodate the new information.

Challenging the Suspect’s Information As a rule, there are two ways investigators can present challenging information to the suspect.

One way is to present evidence that would put them at or near the scene, when they have specifically stated they were not there. The other way is to give information about the alibi location where they claimed to be.

94

In today’s world, there are cameras seemingly everywhere, including one on almost everyone’s cell phone. Before the investigator can introduce his or her conflicting evidence, however, they must pin down the subject’s alibi. It is crucial to lock them in on where they were, what they were doing, and what they were not doing.

Once their alibi is established, the investigator can present the possibility of conflicting information and ask them to explain it. The investigator should begin by informing the subject of possible evidence. They should take time to explain the existence of the evidence, which is something the subject would not be aware of. It is important that the investigator convince the subject of its existence.

Lying Techniques Liars often lie by using specifics. For example, the suspect may say, “I don’t even own a gun!”

Although this could be a true statement at face value, he or she might have borrowed a gun to commit the crime but is relying on the fact that the statement is a true one, and the investigator will, it is hoped, infer that the suspect didn’t commit the crime.

Other lying techniques: • • • •

The suspect tries to confuse the interviewer by arguing about trivial points rather than addressing the real issues.

A debating tactic is used in which the suspect tries to dis- count the investigator’s argument in advance.

The “you don’t understand” tactic is used by experienced liars to block an in-depth interrogation.

The “loophole” liar is a dodger who is unsure just how much the investigator knows about the crime.

Use of the Polygraph Of the mechanical devices that have been designed to aid investigators in obtaining information, the polygraph, or “lie detector,” has proven to be of extreme value.

Proper use of this tool can help an investigator determine a suspect’s guilt or innocence.

However, because of recent court rulings restricting the use of the polygraph in certain settings, the investigator should view this device as an aid only, not as a last resort or panacea. The polygraph is designed simply to measure whether or not the person being tested is being deceptive.

Accuracy of the Polygraph The criminal justice field is divided as to its acceptance of polygraph results. In fact, most courts do not accept the findings of a polygraph exam as absolute evidence except when stipulated to by all parties. Problems with the use of the polygraph have been in its application. Specifically, the machine should be used to identify statements as being false, not for the purpose of actually detecting lies.

95

The value of an examination can be looked at in two regards: reliability and validity. Reliability refers to the consistency of the examination’s results. Validity refers to the accuracy of the examination.

Admissibility of Polygraph Results Over the years, the courts have addressed various aspects of the issue of polygraph results and their admissibility in court. Clearly, the machine can only detect certain changes in the human body, and estimates are that such changes can be detected up to 95 percent of the time. Despite arguments in favor of the use of the polygraph, its results are not currently admissible as absolute evidence in court.

The Voice Stress Analyzer An investigative tool gaining considerable popularity with law enforcement agencies is the voice stress analyzer (VSA). Unlike the computer polygraph, the VSA requires no wires to be attached to the subject being tested. The VSA uses only a microphone plugged into the computer to analyze the subject’s responses.

Rapidly supplanting the polygraph, the VSA has been used in many investigative situations such as homicide, sex crimes, robbery, white-collar crimes, and internal affairs investigations, as well as pre-employment examinations for background investigators.

Why Suspects Cooperate and Confess Logically one would think that the dialogue between the suspect and investigator would be brief.

Strangely, because of complex psychological factors, this is not always the case.

Searching for Information Depending on the crime in question and the particular suspect, it is logical to assume that many criminals follow the progress of the police through media accounts of the investigation. It is the desire of the criminal to want to know exactly what the investigator knows about the crime. This “paranoia” frequently drives the suspect to accompany the investigator willingly to the police station for an interview.

Closing the Communication Gap Research indicates that most guilty persons who confess are, from the outset, looking for the proper opening during the interrogation to communicate their guilt to investigators. Suspects also make confessions when they believe that cooperation is the best course of action. Finally, suspects confess when interrogators are able to speculate correctly on why the crimes were committed.

Admission versus Confession An admission is a self-incriminating statement made by the suspect that falls short of an acknowledgment of guilt. Conversely, a confession is direct acknowledgment by the suspect of 96

his or her guilt in the commission of a specific crime or as being an integral part of a specific crime.

False Confessions Although it can be hard to understand why someone would falsely confess to a crime, psychological research has provided some answers. Moreover, in 2009, the Innocence Project reported that through DNA exonerations, the problem has been revealed as more widespread than many people think.

Written Statements A confession from the suspect should substantiate the elements of the charge or at least contain information related to the investigation. In addition, the statement of the confession should contain any details of extenuating circumstances or explanations offered by the suspect that might be grounds for additional inquiry.

These include the intelligence level of the suspect, the amount and nature of information to be recorded, and the availability of stenographic services. In many cases, the suspect will be willing to give a verbal statement about his or her involvement in a crime but might be unwilling to have it written down at the time.

The suspect should be assured that only the information given to the investigator will be included in the statement and that he or she will have the prerogative of not signing it if it is not accurate.

Structuring the Written Statement The statement should begin with the place, date, identification of the maker, and the name of the person who is giving the statement. It is acceptable for the body of the statement to be in narrative or expository form.

In addition, it should include all the elements of the crime as well as any facts that connect the suspect with the crime. The concluding paragraph should state that the suspect has read the statement consisting of so many pages and that the statement is “true and correct.”

Recorded Statements Frequently, the investigator will choose to record a statement made by a suspect. This can be especially advantageous when the suspect cannot read or write or when he or she is only fluent in a foreign language.

Confessions on Video On the basis of a national survey, it is estimated that one-third of all large police and sheriff ’s departments in the United States record at least some interrogations on video, a practice that is most common in cases of homicide, rape, and aggravated assault.

For evidentiary purposes, an interrogation that is captured on video should provide a complete 97

and objective record of police–suspect interaction.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: www.lanl.gov This is the website of Los Alamos National Laboratory, a science and technology institution that conducts research in national security, space, renewable energy, and nanotechnology. The site includes a news center, publications, education outreach links, and a career center with a job search engine.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. The answer should include: Proactive policing to stop these types of crimes is very difficult. The only way interdiction can occur in crimes such as these are more active patrol by officers. In many ways these types of crimes are hard to stop.

2. The Answer should include: Interrogations can led to improper confessions by the length of interrogations. Additionally mental health issues, youth, and harsh, long interrogations can place undue pressure on suspects to confess.

Learning Outcomes 1: 1. What are the practical differences between the terms interview and interrogation?

Answer: An interview is a question-and-answer session with a suspect, victim, or witness that is non-accusatory in nature. The interrogation should consist of a monologue during which the investigator makes statements crafted to convince the subject to tell the truth.

2. What are the legal implications of the term in custody? Answer: In custody has legal implications because it turns an interview into more of an interrogation due to the fact that the suspect is not free to leave. At this point Miranda warnings are necessary.

3. Who are some of the people most likely to be interviewed by investigators? Answer: The objective of an interview is to learn information and evaluate the subject’s credibility.

4. What is the ultimate goal of an interrogation? Answer: The interrogation should consist of a monologue during which the investigator makes statements crafted to convince the subject to tell the truth. The monologue typically addresses the circumstances that led up to the subject’s commission of the crime. Furthermore, logic and rational arguments (based on evidence known by the investigator) can be used to convince the subject to tell the truth.

98

Learning Outcomes 2: 1. What are the circumstances and/or environment under which an investigator can conduct an investigative interview? Answer: In addition to the manner in which the interrogator treats the suspect, it is also important to consider the physical surroundings where the questioning occurs. Because of pressure from peers and family members who might be present at the scene, it is important to remove the suspect from familiar surroundings and take him or her to a location with a more sterile and less threatening atmosphere.

2. How should investigators prepare for an interview? Answer: Investigators should take the time to prepare properly for the interview. They should review the case beforehand and be prepared with their questions.

3. Why shouldn’t all witnesses be asked the same questions? Answer: By asking the same questions your interview may elicit the same answers. Changing questions can get more information.

4. What are the most effective questions to use during an interview? Answer: According to John Reed & Associates, during an interview the investigator should talk about 20% of the time and the per- son being interviewed 80%. To achieve this balance the investigator should keep his or her questions concise and, whenever possible, prompt a narrative response from the subject (opposed to a one-word response such as “yes” or “no”).

5. What are the five goals of the interrogation process? Answer: To learn the truth of the crime and how it happened. To obtain an admission of guilt from the suspect. To obtain all facts to determine the method of operation and the circumstances of the crime. To gather information that enables investigators to arrive at logical conclusions. To provide information for use by prosecutors in possible court action.

6. What types of questions should be avoided during the course of an interview? Answer: Avoid questions that would leave only a “yes” or “no” response.

7. Why should questions be prepared in advance of the interview? Answer: This leads to a more smooth continuation of questioning during the interview.

Learning Outcomes 3: 1. What type of person/witness/victim is the best candidate for a cognitive interview?

Answer: As a rule, the cognitive interview technique is used for eliciting information from victims and witnesses, as opposed to obtaining confessions from suspects.

2. How is a cognitive interview best utilized in a criminal investigation? Answer: The cognitive interview, on the other hand, is less directive and is in some ways a question- less interview. The goal is to ask as few questions as possible so that witnesses give you long narrative responses that each contains that much more information than a traditional interview.

3. Describe the process of conducting a cognitive interview. Answer: First, an introduction is 99

made that establishes a relationship between the witness and the interviewer. At this point the interviewer introduces the four retrieval rules to the witness and asks him or her to use these techniques. The interviewer then gives the witness an opportunity to provide an uninterrupted narration of what he or she saw. The interviewer will then guide the witness through several factbased scenarios, after which the interviewer will evaluate the witness’s recollections. The completion of this last step is followed by the completion of the interview.

Learning Outcomes 4: 1. Explain the differences between a properly conducted interrogation and one that is not.

Answer: The properly conducted interrogation is one that elicits voluntary answers. Those involving coercion and/or duress are unacceptable and more often than not inadmissible in court.

2. Describe the physical environment of a properly conducted interrogation. Answer: Its surroundings should reduce fear and therefore encourage the suspect to discuss his or her role in the crime. Consequently, the interrogation room should reflect a more business-like atmosphere than a police-like environment.

Learning Outcomes 5: 1. How does coercion differ from duress? Answer: Coercion is defined as the use, or threat of use, of illegal physical methods to induce a suspect to make an admission or confession. Duress is the imposition of restrictions on physical behavior, such as prolonged interrogation and deprivation of water, food, or sleep.

2. What amendment to the U.S. Constitution guarantees a defendant the right to an attorney? Answer: 5th Amendment 3. Before police begin an interrogation, what activities are paramount? Answer: The reading of Miranda rights and a signature document that they have been read and understood.

4. What are key factors that contribute to successful interrogations? Answer: Because of pressure from peers and family members who might be present at the scene, it is important to remove the suspect from familiar surroundings and take him or her to a location with a more sterile and less threatening atmosphere. Ideally, a soundproof room best serves this purpose. The interrogation room should be well lit but not to the extent that its lights are glaring. In addition, it should be protected from interruptions and equipped with some means of communicating with the outside, such as a buzzer or office intercom.

5. What factors impact the type of interrogation style employed by investigators? Answer: Logical style. Sympathetic style. Indifferent style. Face-saving style. Egotistical style.

Learning Outcomes 6: 1. From an investigator’s point of view, what are the most obvious indicators of deceptive behavior? Answer: The suspect tries to confuse the interviewer by arguing about trivial points rather than addressing the real issues. A debating tactic is used in which the suspect tries to dis100

count the investigator’s argument in advance. The “you don’t understand” tactic is used by experienced liars to block an in-depth interrogation. The “loophole” liar is a dodger who is unsure just how much the investigator knows about the crime.

2. From an investigator’s point of view, what are more subtle indicators of deceptive behavior? Answer: liars attempt to manage others’ perceptions. Consequently, people unwittingly signal deception via nonverbal and verbal cues. Unfortunately, no particular nonverbal or verbal cue demonstrates deception. The ability of an investigator to detect deceptive behavior depends largely on his or her ability to observe, catalogue, and differentiate human behavior.

3. How does body language indicate lying? Answer: A liar’s speech rate and voice pitch will also increase 95 percent of the time. Liars will usually stall before giving an answer, to give them time to decide if they should lie or tell the truth, or to decide just how big a lie to tell. Liars will always attempt to con the investigator.

4. What affects validity when it comes to polygraph tests? Answer: The critical consideration in the use of a polygraph is not the machine itself but the opera- tor’s ability to interpret its results accurately.

5. What are some of the physical characteristics of lying? Answer: Head Position. Eyes movement. Legs fidgety. Eyebrow movement. Hand placement. Feet movement.

Learning Outcomes 7: 1. What factors contribute to a false confession? Answer: These reasons include mental health issues and law enforcement tactics that place undue pressure on suspects to “cooperate.”

2. What is the difference between an admission and a confession? Answer: An admission is a self-incriminating statement made by the suspect that falls short of an acknowledgment of guilt.

Conversely, a confession is direct acknowledgment by the suspect of his or her guilt in the commission of a specific crime or as being an integral part of a specific crime.

3. How does the cognitive interview differ from the traditional interview? Answer: A number of differences can be identified between traditional interviewing techniques and the cognitive approach. For example, traditional interviewers attempt to bring out information by asking specific questions; they target a question for each content area that they need to address.

As a rule, the cognitive interview technique is used for eliciting information from victims and witnesses, as opposed to obtaining confe ssions from suspects.

4. What are the objectives of a cognitive interview? Answer: The primary focus of the cognitive interview is to make witnesses and victims aware of all events that transpired.

5. Why might the verbal-probing technique be more effective than the think-aloud technique of interviewing? Answer: After the interviewer asks the survey question and the subject answers, the interviewer then asks for other, specific information relevant to the question 101

or to the specific answer given. In general, the interviewer “probes” further into the basis for the response.

Learning Outcomes 8: 1. What variables help determine the methods used to take written statements? Answer: These include the intelligence level of the suspect, the amount and nature of information to be recorded, and the availability of stenographic services.

2. What are the benefits of recording an interrogation on video? Answer: Proponents claim that documenting the interrogation through video has a number of benefits, such as deterring coercive behavior on the part of investigators and providing a more complete and accurate record of the confession for the judge and jury to evaluate the voluntariness and veracity of the defendant’s statement.

3. How can camera angles affect juror perceptions? Answer: By directing visual attention on the suspect, the camera can lead jurors to underestimate the amount of pressure actually exerted by the “hidden” investigator.

4. What are key techniques that can be used when a suspect decides to sign a written statement? Answer: The statement should begin with the place, date, identification of the maker, and the name of the person who is giving the statement. It is acceptable for the body of the statement to be in narrative or expository form. In addition, it should include all the elements of the crime as well as any facts that connect the suspect with the crime. If the investigator or stenographer prepares the statement, the suspect should be asked to read and sign each page at the bottom. To ensure that the suspect actually reads the statement, he or she should be asked to correct any typographical errors and to initial any corrections in ink. Finally, each page should be labeled “page _____ of _____ pages.” The concluding paragraph should state that the suspect has read the statement consisting of so many pages and that the statement is “true and correct.”

5. The use of recorded interrogations is most common in what types of criminal cases?

Answer: On the basis of a national survey, it is estimated that one-third of all large police and sheriff ’s departments in the United States record at least some interrogations on video, a practice that is most common in cases of homicide, rape, and aggravated assault.

102

Chapter 7 Criminal Intelligence and Surveillance Operations CHAPTER OVERVIEW This chapter covers intelligence and surveillance operations. Initially the author reviews the usefulness of intelligence. He talks about the 9/11. The intelligence gathering since that day has prevented further attacks on America. Overt and covert intelligence collection has become a major piece of criminal investigation. The use of informants and undercover operations are key to gathering intelligence Strategic intelligence has shown to play an important roll in apprehensions of criminals.

Tactical intelligence as reviewed by the author gives the police agencies specifics about criminal activity.

The chapter then moves on to the different ways of gathering intelligence such as data collection and analysis and dissemination. Analyzing the information is also key as shown by the author in making moves towards interrupting criminal operations. Use of link analysis, flowcharting, and commodity flow analysis allow police to get closer to their target. Auditing and purging files to keep up on current information is also part of the investigators job.

Surveillance operations are also discussed in this chapter through single and multi-police officer roles. These surveillance operations help obtain evidence and prevent crime and learn more about the criminal enterprise. The use of stakeouts and surveillance is discussed both from a stationary or moving method.

There is also discussion of high tech surveillance. Electronics, GPS satellites, computer surveillance, are covered fully. Also in this chapter intelligence gathering by telephone and cell phones is covered. Additionally thermal imaging, surveillance of social networks and biometrics for identification are part of the learning in this chapter.

CHAPTER OBJECTIVES • • • • • • •

Summarize the types of criminal intelligence Distinguish between the criminal intelligence and criminal investigation functions Explain the procedures for the intelligence-gathering process Explain the procedures for flowcharting used in intelligence-gathering operations Explain the types of surveillance in criminal investigation Describe how a stakeout is conducted Summarize the legal requirements of electronic surveillance

103

LECTURE OUTLINE The Usefulness of Intelligence As with all tactics used by law enforcement agencies to prevent crime, criminal intelligence operations certainly can be misused, but when regulated and carried out properly they can prove to be an indispensable tool for law enforcement. Information that is gathered can then be evaluated and disseminated for use in investigation of a variety of criminal activities.

Although the terrorist attacks of September 11, 2001, on the World Trade Center and the Pentagon were shocking, they not only showed us what law enforcement is lacking in regard to the intelligence gathering needed to prevent such attacks, but also what law enforcement is doing correctly.

Although many of these groups continue to be quite active, others have been quieted through in- formation gathering and the application of intelligence collected from those operations. When group leaders are tracked and arrested, their groups often are forced to either disband or at the very least halt their activities. Similar to some of these activist groups, organized crime in the United States has also suffered at the hands of effective intelligence operations.

Overt and Covert Intelligence Collection Overt information collection includes personal interaction with people, many of whom are witnesses to crimes, victims of crimes, or the suspects themselves.

Covert information collection is the most common and includes a process known as intelligence gathering. This is a process of data collection on criminal acts that have not yet occurred but for which the investigator must prepare. Covert intelligence collection methods use physical surveillance, electronic surveillance, informants, and undercover officers.

Criminal Intelligence and Criminal Investigation The process of intelligence gathering originated as a function of the military but has now expanded to include “criminal” intelligence as it applies to domestic law enforcement.

Defining Criminal Intelligence According to the federally funded Regional Information Sharing Systems (RISS) projects, criminal intelligence is defined as knowledge of past, present, or future criminal activity that results from the collection of information that, when evaluated, provides the user with a basis for rational decision making.

Types of Intelligence 1. Strategic intelligence plays a role in the investigation of crimes by providing the investigator with a tool for long- range planning.

104

2. Tactical intelligence targets criminal activity considered to be of immediate importance to the investigator. Specifically, tactical intelligence furnishes the police agency with specifics about individuals, organizations, and different types of criminal activity.

It is important to note that many police organizations have established criminal intelligence units that work with criminal investigators. These units are excellent resources of information for investigators who are following leads such as the identification of suspects or suspect associates, where suspects bank or hang out, what vehicles they drive, and other relevant information.

Procedure for Intelligence Gathering Intelligence collection should be thought of as a process of connecting a series of interrelated components of information. Failure on the part of the investigator to adequately connect any of these components could jeopardize the success of the investigation.

The intelligence function includes target selection, data collection, data collation and analysis, and dissemination.

Analyzing the Information The purpose of analysis is to make fragmented information flow in a logical sequence to make it purposeful to the user, such as taking a group of surveillance reports and arranging them in the order in which they occurred to determine primary suspects, locations most frequented, vehicles driven, and so on. Intelligence gathering can be problematic in and of itself.

Link Analysis To make sense out of the multitudes of information, a process known as data description and integration is used. One of the most common methods of data description and integration is link analysis.

Link analysis charting is a technique designed to show relationships between individuals and organizations using a graphical visual design.

There are several ways to illustrate this type of collation technique suitably.

These include the following: 1.

2.

3.

4.

5.

6.

Assembly of raw data (usually from a report) Selection of certain data points, such as names of individuals or organizations Construction of a collation matrix showing the data points Entry of the association points on the matrix Tabulation of the number of association points on the matrix Designation of the types of relationships by drawing different types of lines from one association point to another (usually accomplished by drawing dotted lines, solid lines, and so on) 7. Relationship of individuals to organizations by constructing circles for individuals and 105

boxes for businesses 8. Examination of final diagram and recommendation(s) regarding a course of action Flowcharting Flowcharting is another common technique used in the data description and integration phase.

Unlike the “frozen” nature of the link analysis diagram, the flowchart demonstrates a chain of events or activities over a period.

Although use of flowcharts is not as common as that of link analysis, two types of flowcharts have emerged as the most use ful in criminal intelligence collection: event flow analysis and commodity flow analysis. Both types of analysis give investigators a graphic display of a series of events that might be too complex if read in a report.

Event Flow Analysis Event flow analysis is usually conducted early in an investigation. As different events are documented, they are connected by arrows to indicate the direction of the sequence.

Commodity Flow Analysis Commodity flow analysis may greatly simplify the investigative process by charting the logical flow of such commodities as drugs, money, and illegal arms shipments.

Auditing and Purging Files Intelligence files that are no longer accurate, are not relevant to the mission of the unit, do not pertain to investigative interests and activities, or contain insufficient supporting documentation are among those that should be purged.

Use of a qualified outside auditor is typically the best approach to purging intelligence files. This is because independent third parties remove much of the bias or the appearance of bias that may be evident when using in-house intelligence personnel.

Surveillance Operations Similar to undercover operations, conducting surveillance requires using the team concept. The considerable resources required for surveillance draw personnel away from other investigative functions. The potential also exists for alerting the subject of the investigation to law enforcement’s interest, which conceivably could compromise the covertness of not only the surveillance but the entire investigation as well.

The criminal investigator can accomplish the following: • •

Obtain evidence of a crime Prevent the commission of an act or apprehend a suspect in the commission of an act 106

• • • • • •

Locate persons or watch their hangouts and associates Obtain probable cause for obtaining search warrants Obtain information for later use in an interrogation Develop leads and information received from other sources Obtain admissible legal evidence for use in court Protect undercover officers or corroborate their testimony

Preparing for Surveillance Before initiation of the surveillance, a study should be made of all files relating to the suspects, their activities in crimes, their working and neighborhood environments, and the vehicles involved in the case.

Foot Surveillance Generally, the foot surveillance technique is used only during relatively short distances or to maintain contact with a suspect after he or she has left a vehicle.

One-Officer Surveillance The single-officer technique is extremely difficult to conduct because the suspect must be kept in view at all times and close contact is required to enable the officer to immediately observe the suspect if he or she enters a building, turns a corner, or makes other sudden moves.

Two-Officer Surveillance Two-officer method affords greater security against detection and reduces the risk of losing the suspect. The first officer trails the suspect fairly closely. The second officer remains some distance behind the first.

ABC Method By using a three-officer surveillance team in this technique, the risk of losing the suspect is further reduced. This “ABC” method also permits a greater variation in the position of the officers and allows an officer who suspects he has been spotted by the suspect to drop out of close contact.

Progressive or Leapfrog Method In the progressive or leapfrog method of surveillance, the suspect is observed intermittently as he or she moves along a certain habitual route. The officer should station him- or herself each day where the suspect disappeared from view the previous day.

Vehicle Surveillance As is the case with foot surveillance, there are four types of vehicular surveillance, or mobile surveillance. If only one car is available for surveillance, its position should be behind the suspect car, the distance varying with the amount of traffic in the area. In city traffic, no more 107

than two vehicles should be permitted between the suspect’s car and the surveillance vehicle.

When conducting two-car surveillance in city areas during daylight hours, both cars should be behind the suspect’s car. In three-car surveillance, parallel routes can be more readily used, and the positions of the cars can be changed frequently enough to prevent discovery of the surveillance. The leapfrog method is the same as it is in the foot pursuit where officers position themselves where the suspect may have disappeared from the day before.

Stakeouts or “Stationary Surveillance” In a stakeout, officers watch from a fixed or stationary surveillance vantage point such as a room, house, or camouflaged outdoor fixture located near the premises being observed. The purpose of the stakeout is to arrest the suspect(s) during the attempted or actual commission of a crime.

Investigative Procedures A stakeout consists of an inside team and an out- side team of two officers each. The outside team is normally designated as the arrest team. The inside team is responsible for briefing officers concerning their actions if a crime occurs.

Poststakeout Procedures The potential for the use of deadly force is a part of nearly all stakeouts. The safety of officers and citizens alike and overall reverence for human life remain important issues. As in other circumstances, officers should use deadly force only as a last resort after all other reasonable alternatives are exhausted.

Electronic Surveillance and Wiretaps Surveillance is a term referring to the monitoring of the behavior or activities of persons in a covert manner. It most typically refers to observation of individuals or groups by government organizations.

One of the first Supreme Court de cisions involving electronic communications was the 1928 case of Olmstead v. United States. In the Olmstead case, bootleggers used their home telephones to discuss and transact business. Agents tapped the lines and based their investigation and ensuing arrests on conversations they overheard. The Court ruled, however, that telephone lines are not an extension of the defendant’s home and therefore are not protected by the constitutional guarantee of security.

The Court appeared to undertake a significant change of direction in the area of electronic eavesdropping when it decided the case of Katz v. U.S. (1967). Federal agents had monitored a number of Katz’s telephone calls from a public phone using a device separate from the phone lines and attached to the glass of a phone booth. The Court, in this case, stated that a warrant is required to unveil what a person makes an effort to keep private, even in a public place.

108

In Lee v. Florida (1968), the Court applied the Federal Communications Act to telephone conversations that might be the object of police investigation and held that evidence obtained without a warrant could not be used in state proceedings if it resulted from a wiretap.

Title III of the Omnibus Crime Control and Safe Streets Act of 1968, however, mostly prohibits wiretaps but does allow officers to listen to electronic communications when (1) an officer is one of the parties involved in the communication, (2) one of the parties is not the officer but willingly decides to share the communication with the officer, or (3) officers obtain a warrant based on probable cause.

In the 1971 case of U.S. v. White, the Court held that law enforcement officers may intercept electronic information when one of the parties involved in the communication gives his or her consent, even without a warrant.

In 1984, the Supreme Court decided the case of U.S. v. Karo, in which Drug Enforcement Administration (DEA) agents had arrested James Karo for cocaine importation. Officers placed a radio transmitter inside a 50-gallon drum of ether purchased by Karo for use in processing the cocaine. Karo appealed to the U.S. Supreme Court, claiming that the radio beeper had violated his reasonable expectation of privacy inside his premises and that, without a warrant, the evidence it produced was tainted. The Court agreed and overturned his conviction.

Satellite-Assisted Surveillance Global positioning system (GPS) technology is being used more and more to aid law enforcement in gathering information and performing surveillance.

One case in which GPS technology played an integral role in aiding police was the December 2002 disappearance of Laci Peterson in Modesto, California. The GPS information was used by the prosecution against Peterson at his murder trial. He was convicted of first-degree murder for killing his wife and second-degree murder for killing her unborn child.

Computer Surveillance Computer surveillance is another common investigative target for criminal investigators. It involves the monitoring of data and traffic on the Internet. In the United States, for example, under the Communications Assistance for Law Enforcement Act, all phone calls and broadband Internet traffic (e-mail, Web traffic, instant messaging, and so on) are required to be available for unrestricted real-time monitoring by law enforcement agencies on the federal level.

So, automated Internet surveillance computers go through the vast amount of Internet traffic and report to human investigators traffic considered interesting due to (1) the use of certain “trigger” words or phrases, (2) visits to certain types of websites, or (3) communication via e-mail or chat with suspicious individuals or groups.

Telephones and Mobile Telephones The tapping of telephone lines is a long-time investigative tool for law enforcement. In the 109

United States the Communications Assistance for Law Enforcement Act (CALEA) requires that all telephone and “VoIP” communications be available for real-time wiretapping by federal law enforcement and intelligence agencies.

Law enforcement in the United States currently possesses technology to remotely activate the microphones in cell phones, by accessing the phone’s diagnostic/maintenance features, in order to listen to conversations that take place nearby the person who holds the phone.

Mobile phones are also commonly used to retrieve data on location. The geographical location of a mobile phone (and thus the person carrying it) can be determined easily (whether or not it is in use), using a technique known as multilateration. Multilateration calculates the differences in time for a signal to travel from the cell phone to each of several cell towers near the owner of the phone.

Surveillance of Social Networks One common form of surveillance is to create maps of social networks based on data from social networking sites such as Facebook, MySpace, and Twitter as well as from traffic analysis information from phone call records such as those in the NSA call database and others.

The intelligence community believes that the biggest threat to U.S. power comes from decentralized, leaderless, geographically dispersed groups of terrorists, subversives, extremists, and dissidents.

Biometric Surveillance Biometric surveillance refers to technologies that analyze human physical and/or behavioral characteristics for authentication, identification, or screening purposes. Examples of physical characteristics include DNA, facial patterns, and fingerprints.

Facial recognition is the use of the unique configuration of a person’s facial features to accurately identify that person, typically from surveillance video. Another form of behavioral biometrics, based on affective computing, involves computers recognizing people’s emotional state based on an analysis of their facial expressions, how fast they are talking, the tone and pitch of their voice, their posture, and other behavioral traits. A more recent development is DNA fingerprinting, which looks at some of the major markers in the body’s DNA to pro- duce a match.

Thermal Imaging In 1996, the California appellate court decision in People v. Deutsch identified the kinds of issues that are likely to be encountered as the United States and law enforcement expand their use of high technology. In this case, judges faced the question of whether a warrantless scan of a private dwelling using a thermal imaging device constitutes an unreasonable search within the meaning of the Fourth Amendment. These devices, also known as forward-looking infrared (FLIR) systems, measure radiant heat energy and display their readings as thermographs.

110

Because the officer had not anticipated entering the house, he proceeded without a search warrant. A California court ruled that the scan was an illegal search because “society accepts reasonable expectation of privacy” surrounding “non-disclosed activities within the home.”

In a similar case, Kyllo v. U.S. (2001), the U.S. Supreme Court reached much the same conclusion. Based on the results of a warrantless search conducted by the officers using a forward imaging device, investigators applied for a search warrant of Kyllo’s home.

The Court held “where, as here, the government uses a device that is not in general public use, to explore details of a private home that would previously have been unknowable without physical intrusion, the surveillance is a Fourth Amendment search, and is presumptively unreasonable without a warrant.”

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: www.cia.gov The official site of the Central Intelligence Agency (CIA) provides news and information, publications, and contact information. It includes links to the World Factbook, CIA history, student opportunities including internships and co-ops, and CIA Interactive (games and puzzles, kids’ page, headquarters tour, CIA museum). www.justice.gov/dea/ The site of the Drug Enforcement Administration (DEA) includes DEA publications, a press room that houses press releases and a multimedia library, drug information resources, legislative resources, and a careers link. www.dhs.gov/index.shtm The Department of Homeland Security site includes news on the latest threats, advisories, planning tips, and job opportunities. Also, links on the site include counterterrorism, border security, cybersecurity, news, career opportunities, and a job finder.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. The answer should include: The ability of intelligence officials to work in secrecy is vital to uncovering illegal operations. In the Bin Laden case the use of high tech surveillance allowed for America’s moist wanted fugitive to be found and eventually killed.

Surveillance in secrecy is sometimes the only way to find lawbreakers and bring them to 111

justice.

2. Answer should include: It seems in the Bin Laden case the government was able to use many types of surveillance processes. Satellite-assisted surveillance, computer surveillance, telephone and mobile phone technology, social network monitoring could have easily been used in the capture and killing of Bin Laden.

Learning Outcomes 1: 1. What is the goal of the intelligence function as it pertains to the collection of criminal information? Answer: This “collection, collation, evaluation, analysis, and dissemination for use of information relating to criminal or suspected criminal activities of a wide variety” makes up the tactical and strategic intelligence that law enforcement uses in the protection of citizens and society.

2. What information does the criminal intelligence unit provide criminal investigators?

Answer: When regulated and carried out properly they can prove to be an indispensable tool for law enforcement. Information that is gathered can then be evaluated and disseminated for use in investigation of a variety of criminal activities.

3. What federal agency is responsible for preventing and investigating intelligence activities on U.S. soil? Answer: FBI 4. What are the major types of intelligence? Answer: Strategic & Tactical Intelligence.

Learning Outcomes 2: 1. What are the four fundamental differences between criminal investigation and criminal intelligence gathering? Answer: Criminal investigations are usually reactive in nature.

Intelligence gathering, conversely, is a proactive function. Criminal investigators generally work with deductive logic. This works by a logical progression through a sequence of events—the general to the specific. Investigation case files are generally considered open files. They contain information developed for the purpose of eventually making an arrest and gaining a conviction in a court of law. In comparison, intelligence files are closed files. Intelligence files must therefore be maintained apart from criminal investigation files to prevent unauthorized inspection of data.

2. What is the difference between open and closed files? Answer: Investigation case files are generally considered open files. They contain information developed for the purpose of eventually making an arrest and gaining a conviction in a court of law. In comparison, intelligence files are closed files.

3. How is criminal intelligence defined by the federal RISS project? Answer: Regional Information Sharing Systems (RISS) projects, criminal intelligence is defined as knowledge of past, present, or future criminal activity that results from the collection of in- formation that, when evaluated, provides the user with a basis for rational decision making.

Learning Outcomes 3: 112

1. What are the four phases of the intelligence process? Answer: Target Selection. Data Collection. Data Collation. Dissemination.

2. Why is the dissemination phase critical in the intelligence-gathering process? Answer: Unless intelligence is shared through the law enforcement community in an interagency fashion, all of the effort and expense of collecting it could become meaningless.

3. What sources other than law enforcement organizations are useful in data collection?

Answer: Non-intelligence departments of the agency: offense reports, arrest records, field interrogation reports, identification photos, fingerprint files, warrant files, traffic records 4. What factors must be considered when examining target utility in intelligence gathering?

Answer: This is the worth of the successful result.

5. How is link analysis conducted, and how does it benefit the intelligence process? Answer: Involves data integration and clarification, inference development, inference testing, and finalizing inferences that are relevant and meaningful to the user.

Learning Outcomes 4: 1. Describe the types of investigations in which an event flowchart is useful. Answer: Event flow analysis is usually conducted early in an investigation. Examples of flow analysis include charting a brief description of an event enclosed in a symbolic area such as a circle or rectangle.

As different events are documented, they are connected by arrows to indicate the direction of the sequence.

2. What is the method of structuring a commodity flowchart? Answer: Commodity flow analysis may greatly simplify the investigative process by charting the logical flow of such commodities as drugs, money, and illegal arms shipments.

3. What are the basic differences between event and commodity flowcharting? Answer: The structure of a commodity flowchart is generally the same as that of the event flowchart, except that rather than descriptions of events being placed in circles or rectangles, persons or businesses are used.

4. What are the advantages of flowcharting versus link analysis? Answer: Unlike the “frozen” nature of the link analysis diagram, the flowchart demonstrates a chain of events or activities over a period. Although use of flowcharts is not as common as that of link analysis.

Learning Outcomes 5: 1. What role and function do surveillance operations play in criminal investigations?

Answer: Obtain evidence of a crime. Prevent the commission of an act or apprehend a suspect in the commission of an act. Locate persons or watch their hangouts and associates. Obtain probable cause for obtaining search warrants. Obtain information for later use in an interrogation. Develop leads and information received from other sources. Obtain admissible legal evidence for use in court. Protect undercover officers or corroborate their testimony.

113

2. What are the similarities and differences in the types of surveillance methods? Answer: All have four methods of surveillance (one person, two person, ABC method, and Leapfrog.)

3. What are the principal methods in conducting foot surveillance? Answer: One person, two person, ABC method, and Leapfrog.

4. What can an investigator accomplish in a surveillance operation (that is, what information can an investigator gather during the process)? Answer: Obtain evidence of a crime. Prevent the commission of an act or apprehend a suspect in the commission of an act.

Locate persons or watch their hangouts and associates. Obtain probable cause for obtaining search warrants. Obtain information for later use in an interrogation. Develop leads and information received from other sources. Obtain admissible legal evidence for use in court.

Protect undercover officers or corroborate their testimony.

5. What is the most effective method of surveillance? Answer: Either Foot or vehicle surveillance.

Learning Outcomes 6: 1. What are the two types of briefings preceding deployment of a stakeout? Answer: The inside team is responsible for briefing officers concerning their actions if a crime occurs. They should ensure that employees do not initiate any independent action and should remove any privately owned weapons. All employees must understand that they should not inform anyone that police are present, nor should they seek assistance from the stakeout team for crimes such as shoplifting.

2. What is the primary objective of the stakeout? Answer: The purpose of the stakeout is to arrest the suspect(s) during the attempted or actual commission of a crime.

3. How are the functions of the inside and outside teams different? Answer: The inside team is responsible for briefing officers concerning their actions if a crime occurs. The outside team is normally designated as the arrest team.

4. What is the purpose of post stakeout operations? Answer: The potential for the use of deadly force is a part of nearly all stakeouts. However, this potentiality does not constitute grounds for an exception to existing policies and procedures that govern the use of deadly force in individual agencies. The safety of officers and citizens alike and overall reverence for human life remain important issues. As in other circumstances, officers should use deadly force only as a last resort after all other reasonable alternatives are exhausted.

Learning Outcomes 7: 1. How are law enforcement agencies using new technology for surveillance purposes?

Answer: New technology helps track offenders’ movements, conversations, and social networking.

2. According to the Omnibus Crime Control and Safe Streets Act, under what 114

circumstances can officers listen to electronic communications? Answer: Title III of the Omnibus Crime Control and Safe Streets Act of 1968, however, mostly prohibits wiretaps but does allow officers to listen to electronic communications when (1) an officer is one of the parties involved in the communication, (2) one of the parties is not the officer but willingly decides to share the communication with the officer, or (3) officers obtain a warrant based on probable cause.

3. How does the Federal Communications Act affect electronic surveillance? Answer: The Federal Communications Act, originally passed in 1934, does not specifically mention the potential interest of law enforcement agencies in monitoring communications. However two major telecommunications companies in the United States—AT&T and Verizon—are known to have contracts with the FBI, requiring them to keep their phone call records easily searchable and accessible for federal agencies, in return for $1.8 million dollars per year.

4. What types of surveillance methods were used to find and kill Osama bin Laden?

Answer: Covert surveillance and it was reported that the courier was the owner of the compound where the assault took place.

115

Chapter 8 Informant Management and Undercover Operations CHAPTER OVERVIEW This chapter focuses on informant management and undercover operations. The informant is an important piece to collecting information on criminal activities “behind closed doors.” The author discusses who best becomes an informant and what to watch for when using them. The informant gets information not easily gained by police due to their ability to make observations where strangers would meet.

Establishing credible informants is not an easy task and good control of them is important. The officer must keep close tabs on them as these informants often get in trouble themselves. The chapter shows the officer must keep good documentation on informants as to their reliability as well as where and how they are getting their information. Maintaining control of an informant is also not easy. The officer must be sure the informant is not entrapping people to commit crimes.

Some of the problems associated with informants and their “handlers” is becoming to friendly with them, having an informant of the opposite sex, and any criminal involvement by the informant.

Undercover operations are also part of this chapter. The author talks about how difficult this can be on the officer infiltrating criminal organizations. The hazards of deep cover assignments are discussed and the environment an officer is going in. The officer needs a good but simple cover story to maintain the assignment. During undercover the officer needs to remain calm and the other discusses methods for staying safe.

Finally in this chapter the undercover officers; stress from loss of relationships, uncertainty of being exposed, potential drug and alcohol use and guilt and reintegration are discussed and shown to be a difficult part of the work.

CHAPTER OBJECTIVES • • • • • • • •

Identify informants and the various uses Explain how to properly document and process an informant Explain how to maintain control of an informant during an investigation Summarize the legal framework for informant management Summarize the usefulness of undercover investigations Describe types of undercover operations Describe the undercover working environment Explain how to protect the undercover officer’s “cover” 116

•

Explain methods of infiltration and the risks involved in undercover operations

LECTURE OUTLINE Who becomes an Informant?

Although the word informant has many negative synonyms, such as “snitch” and “stoolie,” the term could best be defined as “anyone who provides information of an investigative nature to law enforcement.” The informant is most typically used in cases in which there is no complainant. These typically include vice and victimless crimes such as drug violations, gambling, and prostitution.

Because informants can be virtually anyone in a community, a good investigator should consider anybody with whom he or she comes in contact as a potential source of criminal information.

That is, the premise of locating a knowledgeable informant is to realize that someone somewhere is aware of various crimes committed. It is therefore the investigator’s responsibility to locate and develop relationships with such people.

Using Informants Although a frequent source of valuable information, the use of an informant in a criminal investigation can be problematic. Problems that stem from the use of informants are due to three variables.

First, informants are often difficult to control. Many of them have been criminals for long periods and are very independent by nature.

Second, an informant can become a source of public embarrassment for the law enforcement agency. For example, an informant might be arrested for a high-visibility crime during the time that he or she is working with the police.

A third area of concern is the informant’s questionable credibility in court. Depending on the role of the informant in the investigation, he or she might have to testify in court proceedings. A good defense council can expose the criminal back- ground of such people and show that their testimony is not to be believed.

Informants can be used in a number of ways: • • • •

Make observations in areas where strangers would be suspect Furnish information from a source not readily available to the investigator Conduct “controlled” undercover transactions or introduce undercover agents to criminal suspects Collect intelligence information (for example, determine street prices of drugs and identify suspects, their associates, and their residences)

Informant Motivations

117

Successful recruitment and management of informants pivot on the investigator’s ability to recognize the motivation of the informant. Because the negative stigma of being an informant is so great in the United States, it is sometimes difficult to develop such people successfully.

Documenting Your Source The investigator must remember that informants belong to the agency and are not the “personal” resource of the investigator.

They should, therefore, be fingerprinted, photographed, and carefully interviewed by investigators before being used as an informant. Interviews should reflect the informant’s true name and any aliases, address, employment history, and so on. In addition, criminal records, if any, should be verified through the National Crime Information Center as well as through local and state law enforcement agencies.

Maintaining Control A cardinal rule in working with informants is for the investigator to command con trol of the investigation, not the informant. Control of informants is best achieved through frequent personal contacts with them. These interactions are the best method for debriefing informers and maintaining rapport with them. Another critical area of instruction for the informant is entrapment. Criminal suspects must be given an “opportunity” for the commission of a crime and not the “motivation” for doing so.

Legal Considerations Information gathering is a complex process that raises many ethical and legal questions regarding the techniques used by investigators. Another common use of informants is flipping.

This is a procedure in which an arrested person is given the choice of providing information to police in exchange for dropping the charges against the individual.

Aguilar v. Texas (1964) established a two-pronged test to the effect that an informant’s information could provide probable cause if both of the following criteria are met: 1. The source of the information is made clear 2. The police officer has a reasonable belief that the information is reliable But two subsequent cases have provided exceptions to the two-pronged test. Harris v. United States (1968) acknowledged the assumption that when an informant provided information that was damaging to him or her, that information was probably true. In the Harris case, an informant told police that he had purchased nontax-paid whiskey from another person.

Because the information actually implicated the informant in a crime, it was taken at face value as being true even though it failed the second prong of the two-pronged test. In 1969, the case of Spinelli v. United States created an exception to the requirements of the first prong Court ruled that some information can be so highly specific that it must be accurate even if its source is not revealed.

118

Then, in 1983, in Illinois v. Gates, the Court adopted a totality of circumstances approach, which held that sufficient probable cause for issuing a warrant exists where an informant can reasonably be believed on the basis of everything that is known by the police. Under the Gates decision, however, the Court held that although it is still important to consider the two-pronged test, each part of the test should be viewed separately and independently.

In 1990, the case of Alabama v. White was reviewed by the Supreme Court, which held that an anonymous tip, even in the absence of other corroborating information about a suspect, could form the basis for an investigatory stop when the informant accurately predicts the “future” behavior of the suspect.

At times, information provided by informants is of such value that informants are paid for the information they supply. The investigator should be careful not to pay for information that has not been verified or that is not considered useful in the investigation. Accordingly, informant payments should be sufficiently modest as to avoid defense accusations of entrapment.

Undercover Operations Undercover operations are an important part of the criminal investigation function but one that is highly specialized and not practiced by all law enforcement agencies. Investigators require specialized training to success- fully perform this function. Typically, undercover work has been associated with drug enforcement, but it is a tool that can be useful in the investigation of a number of criminal activities.

Undercover work forces the officer to assume a different identity and, sometimes, a lifestyle that thrusts him or her into the criminal subculture, where he or she can be tempted to do things that would otherwise be immoral or even illegal (for example, using illegal drugs).

Any undercover operation is subject to claims of entrapment. Officers are permitted to do things that provide the opportunity for a suspect to commit a crime, but they may not induce someone to commit a crime. Because undercover operations generally may be initiated without prior judicial authorization, the results are subject to strict scrutiny by the courts.

Undercover operations require a number of decisions. Administrative discretion is exercised in determining what activities will be pursued, and operational discretion is exercised in determining who will be targeted for investigation. Because police do not have the resources to investigate every crime, they engage in selective enforcement, enforcing only particular types of violations or targeting specific types of offenders.

Types of Undercover Operations The use of undercover agents is not recommended for every police organization because of the resources required for a successful undercover operation. These resources include manpower, training, funding, specialized equipment, and other unique resources.

One of the greatest challenges to undercover officers is the development of skills that maximize their efforts to match wits with some of the most intelligent and artful criminals on the street.

119

Short-term undercover operations are normally considerably safer for the officer than those that are deep cover. Short-term operations permit the help of surveillance officers and protection that undercover agents working in a deep-cover capacity do not have. However, the benefits of working a deep-cover undercover operation allow an undercover agent time to gain the total trust of the criminal suspect to the point of openly discussing criminal operations.

The Undercover Working Environment Although undercover operations have unique benefits, they also have a serious downside. On one hand, undercover is an investigative method by which officers can see firsthand the inner workings of criminal organizations. Conversely, this close in teraction may place officers in jeopardy because they might inadvertently reveal something inconsistent with their cover story.

The Cover Story A prerequisite for assuming an undercover role is to establish a cover story. Simply defined, the cover story is a fictitious story that the agent will convey to suspects concerning his or her background, including his or her name, address, hometown (or area), and employment, if applicable.

The officer’s appearance and mannerisms should also fit the cover story. If the officer claims to be an oil field worker, for example, it might be out of character for the officer to be seen by the suspect in an expensive business suit. On the other hand, if the officer’s cover story is that of financier for a big money deal, then expensive clothing might be more appropriate.

Protecting the Undercover Officer’s “Cover” Even if changes are not necessary, however, the undercover officer must be able to detect and withstand attempts by suspects and their associates to test and invalidate the officer’s cover story.

Typically, suspects will barrage the officer with questions in an attempt to catch any inconsistency in the cover story. Panic is the undercover officer’s worst enemy. Officers must realize two important things: paranoia is common among drug dealers, and no matter what suspects say they know about the agent, many times they’re just attempting to lock the officer into an admission for which they have no proof.

Different criminals use different methods to expose undercover police agents. Even though good field training should prepare undercover personnel for most of these obstacles, not every confrontation can be anticipated.

Infiltration After a cover story is established, a methodical process of infiltration must take place to uncover criminal wrongdoing and its associated evidence. During infiltration, a relationship is established between the officer and a suspect. Infiltration requires inventiveness and originality on the 120

officer’s part because he or she might have to create his or her own opportunity to speak with the suspect.

When working without an informant, it might be necessary to canvass a target area. The undercover officer can expedite the investigation by revealing intelligence on target suspects and locations, concentrating on areas with high levels of crime that might provide investigative leads.

Risks in Undercover Assignments The first is the problem of maintaining the “criminal” identity, and the second area is the process of reintegration back into normal investigative duties.

Stress in Relationships Undercover work is one of the most stressful jobs that a police officer can undertake.13 The greatest cause of stress for investigators working undercover is the requirement that they distance themselves from friends, family, and their normal environment.

Stress from Uncertainty Stress can also result from an apparent lack of direction of the investigation or not knowing when it will end. The amount of elaborate planning, risk, and expenditure can also place pressure on an agent to succeed, which can cause considerable stress.

Development of Alcohol or Drug Abuse This stress may be instrumental in the development of drug or alcohol abuse in some agents.

These agents are more prone to the development of an addiction because they experience greater stress than other police, they are isolated, and drugs are often very accessible.

Feelings of Personal Guilt There can also be some guilt associated with working under- cover because of the need to essentially betray the trust of those (criminal suspects) who have come to trust you.

Problems of Reintegration The lifestyle led by undercover agents is very different than that of other areas in law enforcement, and it can be quite difficult to reintegrate back into normal duties. So the resettling back into the normal police role requires the shredding of old habits, language, and dress.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: www.justice.gov/dea 121

The U.S. Drug Enforcement Administration (DEA) site includes a pressroom with news releases, speeches and testimony, a careers link, drug information resources, and links for drug prevention, legislative resources, publications, and law enforcement. www.fbi.gov The official site of the Federal Bureau of Investigation (FBI) provides a link to the National Crime Information Center (NCIC; see www.fbi.gov/about-us/cjis/ncic). The NCIC page includes history and milestones, statistics, and NCIC files.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. Answer should include: Problems with using an informant in undercover work are numerous. Informants are hard to control with the very fact that they are independent by nature and this at times can cause them to try to mange the police officer under their charge. Informants can often be an embarrassment for the police department if he or she is arrested for their own criminal activity. This can lead to the question of credibility in court due to the informant’s criminal history.

2. Answer should include: Society does not support informing on criminal activity due to it’s own mistrust of the police themselves. People in many ways see the police as corrupt and see informants as an unethical way for making cases against criminal. Some people also question an informant’s motivation and they wonder if he or she is trying to cover for their own criminal activity or have their criminal activity “dismissed” by prosecutors.

Learning Outcomes 1: 1. What public forums are used/have been used to help law enforcement officials locate criminals? Answer: The informant is most typically used in cases in which there is no complainant. These typically include vice and victimless crimes such as drug violations, gambling, and prostitution. Because informants can be virtually anyone in a community, a good investigator should consider anybody with whom he or she comes in contact as a potential source of criminal information.

2. What is meant by proactive law enforcement? Answer: Proactive law enforcement is looking for criminal activity rather than waiting for it happen and responding to it. Proactive investigations include vice cases such as drug trafficking, prostitution, and gambling, in which investigators actually seek out potential crimes and intervene “before” the crimes occur.

3. How are informants classified? Answer: One informant may give information with no reservations about his or her identity becoming known. Conversely, others may have valuable information to render but may do so only with the understanding that their identities remain concealed.

122

4. Why do criminals or their associates make good informants? Answer: In proactive policing informants are more attuned to where the criminal activity is going on “behind closed doors.”

5. What variables make the use of informants problematic? Answer: First, informants are often difficult to control. Second, an informant can become a source of public embarrassment for the law enforcement agency due to his or her own criminal record or criminal activity. A third area of concern is the informant’s questionable credibility in court. A good defense council can expose the criminal background of such people and show that their testimony is not to be believed.

6. How can an informant assist law enforcement officials? What services can informants provide investigators? Answer: Make observations in areas where strangers would be suspect.

Furnish information from a source not readily available to the investigator. Conduct “controlled” undercover transactions or introduce undercover agents to criminal suspects. Collect intelligence information (for example, determine street prices of drugs and identify suspects, their associates, and their residences).

7. What motivates informants to aid in police investigations? Answer: Police occasionally consider average citizens as informants provided that they are willing to offer relevant information in an investigation. The motivation of such people is a sense of civic duty.

Learning Outcomes 2: 1. What procedures are used to document informants? Answer: All candidates for informants should be well documented. They should, therefore, be fingerprinted, photographed, and carefully interviewed by investigators before being used as an informant. Interviews should reflect the informant’s true name and any aliases, address, employment history, and so on. In addition, criminal records, if any, should be verified through the National Crime Information Center as well as through local and state law enforcement agencies.

2. During an informant interview, what pertinent information should be obtained by law enforcement agencies? Answer: Interviews should reflect the informant’s true name and any aliases, address, employment history, and so on. In addition, criminal records, if any, should be verified through the National Crime Information Center as well as through local and state law enforcement agencies.

3. What key questions should be asked during the interview? Answer: Motivation for becoming an informant. Reliability in the past. Intelligence of the informant. How does he or she know about the criminal activity. Does he or she have personal interest & why? Does he or she have direct knowledge of the criminal activity/ Is there any access to additional knowledge? Is there any harbored vengeance against the suspect? Is he or she withholding any information?

Has he or she lied in the past? Is he or she willing to testify in court?

4. How can law enforcement agencies verify the criminal records of informants? Answer: Criminal records, if any, should be verified through the National Crime Information Center as 123

well as through local and state law enforcement agencies.

Learning Outcomes 3: 1. What is the cardinal rule when it comes to working with informants? Answer: A cardinal rule in working with informants is for the investigator to command control of the investigation, not the informant.

2. What is the best way to control informants? Answer: Control of informants is best achieved through frequent personal contacts with them.

3. Why is it important for investigators to develop and maintain rapport with informants?

Answer: These interactions are the best method for debriefing informers and maintaining rapport with them. Doing so reduces additional demands of the informant and ensures the person’s allegiance to the control officer.

4. Why is it important for the informant to understand the issue of entrapment? Answer: Another critical area of instruction for the informant is entrapment. Criminal suspects must be given an “opportunity” for the commission of a crime and not the “motivation” for doing so.

5. Who should have the most interactions with informants? Why? Answer: The officer assigned should make most, if not all, contacts with informants. Doing so reduces additional demands of the informant and ensures the person’s allegiance to the control officer.

Learning Outcomes 4: 1. What are areas of concern when working with informants? Answer: Information gathering is a complex process that raises many ethical and legal questions regarding the techniques used by investigators. For example, when police pay informants for information, critics argue that the informant might be tempted to entrap per- sons into committing crimes so that the informant can realize some income.

2. What precedent was established by the Supreme Court’s review of the case of Alabama v. White? Answer: In 1990, the case of Alabama v. White was reviewed by the Supreme Court, which held that an anonymous tip, even in the absence of other corroborating information about a suspect, could form the basis for an investigatory stop when the informant accurately predicts the “future” behavior of the suspect.

3. What two criteria must be met before an informant’s information can provide probable cause? Answer: The U.S. Supreme Court adopted a totality of circumstances approach, which held that sufficient probable cause for issuing a warrant exists where an informant can reasonably be believed on the basis of everything that is known by the police.

4. What is the potential danger of informants being the opposite sex of their control officer/investigator? How can agencies alleviate this potential problem? Answer: Over the years, many investigators have fallen victim to allegations of sexual misconduct with informants of the opposite sex. Although some have proved truthful, many have had no basis but resulted in 124

disciplinary action against the officer and a termination of the investigation. To avoid such allegations, a second officer should always accompany the investigator. The location of meeting spots with informants should also be considered very carefully, particularly if a second officer is not present.

5. When it is permitted to pay informants for information? Answer: Informant payments should be sufficiently modest as to avoid defense accusations of entrapment. When this occurs, the defense will maintain that the investigator’s payment to the informant was so high that the informant was enticed into “setting up” the suspect solely for the monetary reward.

Learning Outcomes 5: 1. Why would undercover operations be considered a double-edged sword? Answer: Undercover work forces the officer to assume a different identity and, sometimes, a lifestyle that thrusts him or her into the criminal subculture, where he or she can be tempted to do things that would otherwise be immoral or even illegal (for example, using illegal drugs).

2. Why don’t all law enforcement agencies practice undercover operations? Answer: Undercover operations are an important part of the criminal investigation function but one that is highly specialized and not practiced by all law enforcement agencies. Investigators require specialized training to success fully perform this function.

3. What are some problems associated with undercover work? Answer: Undercover work is street-level work at its best (or worst, however you wish to view it). Officers are required to participate in undesirable activities, and those who remain in undercover positions for too long of a period may begin to adopt the very behaviors of the criminals they are investigating, including undesirable mannerisms and foul language at the least.

4. Which entity reviews large-scale undercover operations before they are initiated?

Answer: Answer: Recognizing the magnitude of the problem, the FBI now requires that largescale undercover operations first be reviewed by the FBI’s Criminal Undercover Operations Review Committee.

5. What is selective enforcement? Answer: Because police do not have the resources to investigate every crime, they engage in selective enforcement, enforcing only particular types of violations or targeting specific types of offenders.

6. Why do police agencies engage in selective enforcement? Answer: Undercover operations require a number of decisions. Administrative discretion is exercised in determining what activities will be pursued, and operational discretion is exercised in determining who will be targeted for investigation.

7. What are potential problems with selective-enforcement policing? Answer: For example, narcotics users or lower-level dealers may be allowed to continue violating the law to make cases against their suppliers.

Learning Outcomes 6: 125

1. What resources are necessary to operate a successful undercover investigation? Answer: The use of undercover agents is not recommended for every police organization because of the resources required for a successful undercover operation. These resources include man- power, training, funding, specialized equipment, and other unique resources.

2. What are the advantages associated with short-term undercover operations? Answer: Short-term operations permit the help of surveillance officers and protection that undercover agents working in a deep-cover capacity do not have.

3. What are the advantages associated with deep-cover undercover operations? Answer: the benefits of working a deep-cover undercover operation allow an undercover agent time to gain the total trust of the criminal suspect to the point of openly discussing criminal operations.

4. What are the common elements of undercover operations? Answer: A prerequisite for assuming an undercover role is to establish a cover story. Simply defined, the cover story is a fictitious story that the agent will convey to suspects concerning his or her background, including his or her name, address, hometown (or area), and employment.

5. What type of officer makes the ideal candidate for an undercover agent? Answer: The best candidate for undercover work is one who has considerable personal integrity.

Learning Outcomes 7: 1. What is the downside to undercover operations? Answer: Furthermore, exposure to criminal elements in a close, undercover capacity for extended periods of time might result in the undercover officer acting and speaking in a manner other than he or she is accustomed to, even when off duty, reflecting poorly on the officer’s credibility.

2. How do officers prepare for an undercover operation? Answer: This includes establishing a sound cover story and understanding specialized infiltration techniques.

3. What are the keys to developing a viable cover story? Answer: The cover story should fit with the area and people involved with the investigation. When an officer chooses to associate him- or herself with a particular town or area, it should be one with which the officer is already familiar, in case he or she later meets someone from that area.

4. What are the benefits of undercover operations? Answer: The benefits of working a deep-cover undercover operation allow an undercover agent time to gain the total trust of the criminal suspect to the point of openly discussing criminal operations.

5. What are examples of supporting credentials used to corroborate a cover story? Answer: Whatever story is chosen, the officer should be provided with business cards, customized stationery, credit cards, checking and savings account books, and other supporting credentials to corroborate the cover story.

Learning Outcomes 8:

126

1. What methods are recommended for establishing a cover story? Answer: The officer’s appearance and mannerisms should also fit the cover story. If the officer claims to be an oil field worker, for example, it might be out of character for the officer to be seen by the suspect in an expensive business suit. On the other hand, if the officer’s cover story is that of financier for a big money deal, then expensive clothing might be more appropriate.

2. How can officers safeguard their undercover identity? Answer: If the officer keeps the cover story general, most questioning and suspicion should be easily overcome. Moreover, if the officer has been properly trained and responds to the suspects according to his or her training, a bond of trust may develop between the officer and suspects that can pave the way to a successful investigation.

3. In what ways do criminals attempt to expose possible police infiltration? Answer: Undercover personnel should remember that most questions about their cover story are bluffs, and they should remain calm and confident, discounting the challenges presented without appearing scared, intimidated, or paranoid.

4. What are typical problems encountered by undercover agents? Answer: Panic is the undercover officer’s worst enemy. Officers must realize two important things: paranoia is common among drug dealers, and no matter what suspects say they know about the agent, many times they’re just attempting to lock the officer into an admission for which they have no proof.

5. How has the antisnitching movement affected law enforcement? Answer: This movement has hampered law enforcement by getting witnesses and victims to testify in court against the criminals.

6. What have the criminal justice system and law enforcement done to combat the antisnitching movement? Answer: The law enforcement community has had a tough time combatting the antisnitching movement. To date not much has been done to stop this movement.

The only thing they have done to combat this is through media efforts and anonymous tip lines.

Learning Outcomes 9: 1. What is the process of infiltration? Answer: After a cover story is established, a methodical process of infiltration must take place to uncover criminal wrongdoing and its associated evidence. During infiltration, a relationship is established between the officer and a suspect.

2. How does the lifestyle of an undercover officer differ from those in other areas of law enforcement? Answer: Stress in relationships of friends missed or lost. Stress of uncertainty of direction to take the investigation. Development of alcohol or drug abuse problem. Feelings of personal guilt in betraying trust established with the criminals. Problems reintegrating back into “normal” society.

3. In what ways can a rapport be built with criminals in the street? Answer: An officer can best accomplish this by learning the interests of the suspects (for example, jobs, the opposite sex, local bars, motorcycles, cars, drugs) that the officer can then discuss. Context must be regularly attempted throughout the investigation to maintain rapport with the suspect.

127

4. How can an officer safeguard against becoming involved in criminal activity? Answer: After the officer learns such information and it appears that the information might be useful in showing criminal activity, it should be properly documented in intelligence reports. Fully documenting anything that is criminal done by the undercover is his or her best safeguard in court or with the police agency.

5. What are the problems in reintegration of an undercover officer back into normal investigative duties? Answer: The resettling back into the normal police role requires the shredding of old habits, language, and dress.

128

Chapter 9 Death Investigations CHAPTER OVERVIEW This is a chapter focusing on death investigations. Initially the chapter gets some of the raw data out as to homicides in the U.S. The author talks about the fact that the guiding principle of the death investigator, or homicide officer’s, job is to find the killer and bring them to justice.

The definitions of murder and wrongful deaths are defined well by the author so as to distinguish what type of case is before the investigator. The dynamics of a homicide unit and all the work necessary to find good officers for the unit is covered in this chapter. There is the importance of knowing the right caseload these officers can handle and w2hat are the best investigative tools necessary to solve the crime.

The chapter discusses the dynamics of the initial call of a murder and how the dispatcher is key to the beginning of the investigation. They must analyze the call and determine appropriate response and gain as much information as possible. The initial response by officers must be to aid the injured and get more officers on scene. Additionally they must secure any evidence as soon as possible.

The estimation of time of death is a tricky piece of the investigation. There is full discussion on how this is estimated by how the body appears on arrival to the scene. Much of this is shown by the decomposition of the body at the scene.

Gunshot wounds and the difference between entry and exit wounds are fully discussed to give more of an understanding of the death. Also there is information about caliber and make of the weapons used in homicides.

CHAPTER OBJECTIVES • • • • •

Discuss the elements of homicide Summarize the legal characteristics of homicide Describe how a homicide investigation is conducted Explain how time of death is estimated Explain the use of gunshot wounds as evidence in death investigations

LECTURE OUTLINE The Extent of Homicide

129

Statistics regarding violent crime and murder tell us the extent of such crimes and why this is such a high investigative priority. In 2014, the estimated number of murders in the nation was 14,249. This represents a 3.2 percent decrease from the 2010 figure, and a 14.9 percent drop from the number in 2005.

According to statistics, young adults between 20 and 24 were the most likely to be murdered.

The perpetrators of murder were also most common in the same age group.

The Homicide Investigator’s Guiding Principle Few things in our democracy are as important as ensuring that citizens have confidence in their institutions in a crisis. For many individuals, the death of a loved one is just such a crisis.

How local death investigators do their job is crucial to family members who are mourning a loss today and who may be seeking justice tomorrow. Justice denied breeds contempt for the institutions created to ensure that justice is done.

Murder and Wrongful Death Murder is the unlawful killing of one human being by another. Uniform Crime Reports (UCR) statistics on murder describe the early incidence of all willful and unlawful homicides within the United States; included in the count are cases of non-negligent manslaughter that have been reported to or discovered by the police.

First-degree murder is a criminal homicide that is planned. Second-degree murder is an intentional and unlawful killing but one that is generally unplanned and that happens “in the heat of passion.”

Dynamics of the Homicide Unit The police homicide unit is probably one of the more celebrated investigative units in the law enforcement organization. This is because, in part, solving the crime of murder is one of society’s highest priorities.

The clearance rate is a readily available statistic and is directly impacted by the homicide unit.

On the other hand, a number of indirect, non-homicide-unit-related variables can affect the conviction rate, if the actual percentage can even be determined. These variables include jury selection, testimony by witnesses, the ability of the prosecutor to successfully present a case to a jury, and the extent to which quality evidence has been obtained and is made available to the jury.

Selecting the Right Detective The process for selecting a homicide detective varies from one law enforcement organization to another and typically is influenced by departmental policies and union rules. For many departments, both the formal oral interview and the recommendations of the homicide supervisor are the preferred methods of selection as opposed to written exams.

130

A study conducted by Timothy Keel and published in the FBI’s Law Enforcement Bulletin notes that over 80 percent of law enforcement organizations do not consider an appointment to the homicide unit as a promotion; over 70 percent thought of it as an elevated position.

According to Keel, many law enforcement administrators identify desired traits as interview and interrogation skills, dedication, experience, patience, common sense, tenacity, persistence, and organizational skills. A department with a higher-than-average clearance rate revealed that the average time detectives had spent in their department was 17.18 years.

Caseload Management In most cases, homicide units will work more than just homicide cases. Examples are policeinvolved shootings and in- custody deaths. Although a rotation policy may have some benefits from a management perspective, law enforcement administrators considering implementing such a policy should proceed cautiously. This is because the training and acquired skills of a homicide detective are a valuable resource for the department and re-training investigators is a costly and lengthy process.

Another issue in management of the homicide unit is caseload. Most homicide supervisors would like to have more detectives to investigate each case. But fighting for limited resources and demonstrating the need for additional detectives is difficult without some accepted understanding of what should comprise a detective’s annual caseload.

Investigative Tools Utilization of the right investigative tool can result in a homicide investigator improving his or her clearance rate. For example, research shows that almost 93 percent of the departments reported that a polygraph was available for use, and 34.5 percent used a computer voice-stress analyzer. Almost 90 percent of departments studied used bloodstain-pattern analysis, and those departments had a 4.8 percent higher clearance rate.

Cold Case Squads Of course detectives want to solve each and every case, but in spite of their best efforts many remain unsolved. Sometimes, a new look at a cold case and a fresh analysis of the evidence can result in new leads and possible case closure. The creation and use of cold case squads (CCS) have become more widespread as commanders of homicide units realize the potential of such a division.

The Homicide 911 Call Analyzing the call The homicide 911 call can provide invaluable clues to investigators because the caller, in fact, may have committed the crime. It is not unusual for homicide offenders to contact 911 without revealing their involvement in the murder.

When analyzing a 911 homicide call, the investigator’s primary question should be, Was the 131

caller requesting assistance? If not, why not? Was the individual simply reporting a crime?

Research shows that almost twice as many innocent callers (67%) asked for help for the victim than did guilty callers (34%).

While listening to a call and analyzing the transcript, the investigator should ask three critical questions: 1. What was the call about?

2. Who was the call about?

3. How was the call made?

Legal Characteristics of Homicide Criminal investigators encounter wrongful death in many ways. Under law, categories of homicide are generally divided into two distinct classifications: murder and manslaughter.

Murder is considered the most serious of all statutory crimes and is defined as the purposeful, premeditated, and unlawful taking of the life of a human being by another person.

First-degree murder is considered the most serious and includes, as one of the elements, premeditation and preplanning. Second-degree murder is a lesser offense but requires that the person “attempted” to kill his or her intended victim.

Manslaughter is the deliberate killing of another person and is typically classified into two subcategories: voluntary and involuntary.

Voluntary manslaughter generally refers to the killing of another person out of an act of passion but lacks premeditation.

Involuntary manslaughter usually refers to the accidental or nonintentional death of another human being, with severe negligence.

The Preliminary Investigation Homicide investigations are usually reactive in nature and are typically initiated by a telephone call to a local law enforcement agency notifying them of some aspect of the offense.

The first officer to respond to a suspected homicide call is generally a patrol officer who arrives a short time after the call is received. After these fundamental steps are dealt with, the officer must become what could be termed scene-conscious. That is, he or she must become aware of the crime-scene situation and be prepared to take certain immediate actions, the focus being identifying any aspects of the scene that might be subject to chemical change, change by dissipation, or change because something was moved.

Protecting the Crime Scene After the preliminary duties have been performed, the responding officer must protect the crime 132

scene from unauthorized persons who may move, destroy, or otherwise contaminate evidence.

Experience has shown that probably no aspect of the homicide investigation is more open to error than the preservation and protection of the crime scene.

Taking Notes at the Scene Crime-scene notes in a homicide investigation should include the following: • • • • •

Names of officers on the scene Names and addresses of witnesses at the scene Name and address of the person notifying the police Manner of entry/exit of the perpetrator of the crime Description of weather conditions

Identifying the victim Homicide crime scenes can vary greatly from one case to the next. For example, in one case, the body might be charred as a result of a fire designed to cover up evidence. In another, the body might have been chopped up and parts distributed over a broad geographical area. In other cases, bodies have been recovered in lakes and rivers and offer little or no immediate clues as to their identity. In all circumstances, the body must be identified.

Estimating the Time of Death If the wrongful death appears to have been a homicide, all areas around the body become important in determining the time of death. The time of death in a homicide case, particularly when there are no witnesses, is one of the most critical variables in its investigation.

Changes in the Body: Decomposition After death occurs, human decomposition takes place in five stages.

Stage 1: The Fresh Stage The fresh stage of decomposition occurs during the first few days after the death. There are no physical signs of decomposition during this time. However, homeostasis of the body has ceased, allowing cellular and soft tissue changes to occur because of the process of autolysis, the destruction of cells and organs due to an aseptic chemical process.

Stage 2: The Putrefaction Stage Odor, color changes, and bloating of the body during decomposition are the results of putrefaction. The lower part of the abdomen turns green due to bacteria activity in the cecum.

Bacteria break down hemoglobin into sulfhemoglobin, which causes the green color change. A formation of gases enters the abdomen, which forces liquids and feces out of the body. The gases also enter the neck and face, causing swelling of the mouth, lips, and tongue. Due to this swelling and misconfiguration of the face, identification of the body can be difficult.

133

Bacteria also enter the venous system, causing blood to hemolyze. This leads to the formation of red streaks along the veins. This color soon changes to green through a process known as marbelization.

Stage 3: The Black Putrefaction Stage After the body goes through the bloating stage, it begins the black putrefaction stage. At this point, the body cavity ruptures, the abdominal gases escape, and the body darkens from its greenish color. These activities allow for a greater invasion of scavengers, and insect activity increases greatly. This stage ends as the bones become apparent, which can take anywhere from 10 to 20 days after death depending on the region and temperature. This period is also dependent on the degree to which the body is exposed.

Stage 4 The Butryic Fermentation Stage After the early putrefaction and black putrefaction phases have taken place, the body begins mummification, in which the body begins to dry out. The human carcass is first mummified and then goes through adipocere formation. Adipocere (grave wax) formation is the loss of body odor and the formation of a cheesy appearance on the cadaver.

Stage 5: The Dry Decay Stage When the last of the soft tissue has been removed from the body, the final stage of decomposition, skeletonization, occurs. This stage encompasses the deterioration of skeletal remains and is the longest of the decomposition processes.

The strength and durability of bone stems from the unique protein–mineral bond present in skeletal formations. Consequently, changes to skeletal remains, known as bone diagenesis, occur at a substantially slower rate than stages of soft tissue breakdown.

The Forensic Decomposition Various sciences study the decomposition of bodies.

• •

•

Forensic pathology studies the clues to the cause of death found in the corpse as a medical phenomenon.

Forensic entomology studies the insects and other vermin found in corpses; the sequence in which they appear, the kinds of insects, and where they are found in their life cycle are clues that can shed light on the time of death, the length of a corpse’s exposure, and whether the corpse was moved.

Forensic anthropology is the branch of physical anthropology that studies skeletons and human remains, usually to seek clues as to the identity, race, and sex of their former owner.

The speed at which decomposition occurs varies greatly. Factors such as temperature, humidity, and the season of death all determine how fast a fresh body will skeletonize or mummify.

134

The most important variable is a body’s accessibility to insects, particularly flies. On the surface in tropical areas, invertebrates alone can easily reduce a fully fleshed corpse to clean bones in less than two weeks.

Other Visual Evidence of Decomposition Body Color: After the victim dies, circulation of blood through the arteries and veins ceases. As the body settles, color in the lips and nails disappears as the blood settles into the lower capillaries of the body.

Change in Eyes: The eyes are the most sensitive part of the human body and, in death, do not react to light, touching, or pressure.

Temperature of the Body: Even after death, there may not be a loss of body heat because the body will tend to adapt to the temperature of its environment. The rate of cooling can, however, be a primary determinant as to the time of death.

Rigor Mortis: This is the process of stiffening, or the contraction of body muscles after vital functions cease—is generally considered a poor indicator of time of death.

Postmortem Lividity: As indicated earlier, when a body’s vital functions cease, blood settles to the bottom side of the body because of gravity. A purplish lividity stain forms on the skin of the body closest to the surface on which it is lying Postmortem lividity may appear anywhere between one-half hour to four hours after death. It is sometimes valuable in determining whether or not a body has been moved, depending on the state of the lividity.

Gunshot Wounds as Evidence Several factors can affect the type of wound inflicted by a firearm.

Vernon Geberth states that when a firearm is discharged, several things can occur: • • • • • •

Fire or flames are emitted from the barrel Smoke follows the flame The bullet emerges from the barrel Additional smoke and grains of both burned and unburned gunpowder follow the bullet out of the barrel The material spreads outward from the barrel as it is emitted If the firearm is close to the targeted surface, much of this material will be deposited on it

Assessing the Severity of Gunshot Wounds When assessing the likely severity of gunshot wounds, there are numerous variables considered either singly or in concert.

135

• • • • • •

The specific type of weapon used.

The weapon’s caliber.

The bullet’s design and velocity.

The range at which the victim was shot.

The path of the wound.

The number of wounds

Entrance Wounds An entrance wound, also known as “penetrating trauma,” is an injury that occurs when an object pierces the skin and enters a tissue of the body, creating an open wound. Generally, the entrance wound is smaller than the exit wound, but there have been well-documented exceptions to this.

Exit Wounds An exit wound is usually a larger wound than the entrance wound, with a ragged or torn appearance.

Smudging Smudging is usually a ring that results from gunpowder being deposited around the wound.

Tattooing Tiny pinpoint hemorrhages may result from the discharge of unburned powder being deposited into the skin. Called tattooing, these marks cannot be wiped away.

The Role of Gunshot Residue For decades, gunshot residue (GSR) has been considered evidence that a specific person fired a handgun. But in recent years, GSR has been somewhat discredited and its usefulness limited, if not disregarded.

GSR is composed of extremely tiny particles that can be easily removed from the skin. For example, all the shooter has to do is wash his or her hands thoroughly; also, normal human movement and activity can remove the particles as well.

Defense Wounds Defense wounds are characteristic of a struggle between a victim and an assailant. Such wounds may appear on the body of the victim and may take many forms. For example, in a fatal stabbing, slashing wounds on the hands of the victim may indicate that the victim grabbed the knife during a struggle, only to have it pulled back by the killer. These wounds are usually deep and concentrated on the palms and the undersurface of the fingers.

Shotgun Wounds 136

Second only to the handgun, the most common weapon with which officers are confronted is the shotgun. The shotgun remains one of the most effective killing weapons because of its capability for massive tissue destruction. It remains a choice of many criminals because all that is required, in many cases, is simply pointing the weapon in the general direction of the victim, and, after discharge, some contact is typically made.

Shotgun wadding can tell the investigator three things: 1. The type of shot used 2. The gauge of gun used 3. Possible evidence to help identify the gun used

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: www.fbi.gov/wanted This FBI site features photos and information of the most wanted criminals. Links on this site include Wanted Fugitives, Missing Persons, and other federal fugitive programs. The site also includes information on most wanted terrorists, crime alerts, cybercrimes, violent crimes, and crimes against children.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. Answer should include: Initially the homicide unit selected its best candidate(s) for the murders considering the likelihood of the complexity of the case. After time of no capture of the suspect the case was probably forwarded to the cold case squad with the help of the FBI analyzing much of the evidence. More than likely the methods of the way the killings were done chronologically. Careful notes were taken at the crime scene and the crime scene was carefully protected. Estimation of the time of death was part of the investigations as well as the methods used to kill. Forensic decomposition to determine the time of death would have been pivotal.

2. Answer should include: Given the type of case interviewing possible suspects would have been important. Gaining a confession from the murderer would have taken a careful interrogation. During the investigation it is almost impossible to think a criminal profiler wasn’t part of the case Learning Outcomes 1: 1. Identify the homicide investigators guiding principle? Answer: Ensuring that the proper steps and procedures are taken at the scene of that death to reassure family members that the 137

death was a natural one, a suicide, or a homicide is a key element in maintaining citizen confidence in local officials and bringing closure to family members and loved ones.

2. What is meant by the term homicide? Answer: Criminal homicide is a murder that is planned.

3. Discussed the differences between murder and manslaughter from a legal standpoint?

Answer: Murder is the unlawful killing of one human being by another. Manslaughter is often classified as either involuntary or voluntary. A person commits the crime of involuntary manslaughter does so by recklessly causing the death of another person. Voluntary manslaughter is when the person causes death by being certain of taking the victim’s life and acting in the heat of passion.

Learning Outcomes 2: 1. What were some of the problems associated with the JonBenet Ramsey murder investigation? Answer: It took 8 hours to find the body in the basement of the house from the time the call was made as to her disappearance. When the body was found duct taped and bound Mister Ramsey picked her up and brought her upstairs disturbing the crime scene and potential evidence.

2. What are the two distinct categories of homicide? How do they differ? Answer: Murder versus manslaughter are the two distinct differences of homicide. Murder, 1st or 2nd Degree involves planning to commit the act, knowingly causing death, and not under the influence of sudden passion. Manslaughter can be either a reckless act that caused death or done in the heat of passion.

3. What is the difference between first and second-degree murder? Answer: In first-degree murder the crime is committed knowingly after a person deliberates on the matter. Second degree a person commits the crime knowingly and not as an act of passion.

4. What distinguishes voluntary manslaughter from involuntary manslaughter? Answer: Voluntary manslaughter generally refers to the killing of another person out of an act of passion but lacks premeditation. Involuntary manslaughter usually refers to the accidental or nonintentional death of another human being, with severe negligence.

5. What are the common legal elements of homicide? Answer: Planning, malice, aforethought and intention to commit the act.

Learning Outcomes 3: 1. What are the principle concerns of the first officer arriving at the scene of a possible homicide? Answer: Determine if the victim is dead or alive. Contact medical help for victim if needed. Apprehend the perpetrator if still present on the scene. Make the appropriate notifications if the perpetrator has left the scene. Safeguard the crime scene. Detain any witnesses.

138

2. What steps are taken to protect a homicide crime scene? Answer: After the preliminary duties have been performed, the responding officer must protect the crime scene from unauthorized persons who may move, destroy, or otherwise contaminate evidence. It is important for civilians and unauthorized police personnel alike to be denied entrance to the scene.

3. What can investigators determine about a homicide based on the evidence found at the scene? Answer: Death scenes can be expected to produce an abundance of evidence. All such evidence will enable the investigators to determine the manner of death, weapons used, time of death, and other pertinent information.

4. What should be included in the crime-scene notes of a homicide? Answer: Names of officers on the scene. Names and addresses of witnesses at the scene. Names and address of the person notifying the police. Manner of entry/exit of the perpetrator of the crime. Description of weather conditions.

5. Why are complete, accurate notes critical during the early stages of a homicide investigation? Answer: Complete notes are critical during the early stages of the homicide crime-scene investigation. Because details are of such vital importance, both the investigating and responding officers should take notes.

6. What are the major components/elements of a preliminary homicide investigation?

Answer: Time of death. Type of wound. Witnesses. Crime scene. Suspects.

Learning Outcomes 4: 1. Why is time of death a critical variable in a homicide investigation? Answer: It may convict a murderer, break an alibi, or even eliminate a sus pect. Time may come into play if the deceased had an appointment with someone around the time of his or her death.

2. Why is rigor mortis a poor indicator of time of death? Answer: It is too unspecific to giving a more complete picture of time of death. Contrary to popular belief, rigor mortis starts at the same time throughout the entire body. However, it is first observed in the jaws and neck. It then tends to progress in the head-to-foot direction. At the time of completion, typically 8 to 12 hours after death, the torso, jaws, neck, and upper and lower extremities are “stiff as a board.”

3. What happens in the putrefaction stage that makes it difficult to identify the body?

Answer: Due to swelling and misconfiguration of the face, identification of the body can be difficult.

4. What factors affect decomposition? Answer: After death occurs, human decomposition takes place in five stages. The process of tissue breakdown may take from several days up to years. At all stages of decomposition, insect activity occurs on the body.

5. How can an entomologist aid investigators in determining a cause of death? Answer: Forensic entomology studies the insects and other vermin found in corpses; the sequence in which they appear, the kinds of insects, and where they are found in their life cycle are clues that can shed light on the time of death, the length of a corpse’s exposure, and whether the corpse 139

was moved.

6. What visual evidence indicates decomposition? Answer: Body Color and change in eyes.

Learning Outcomes 5: 1. What variables are considered when assessing the severity of gunshot wounds? Answer: Type of weapon used. Weapon’s caliber. Bullet design & velocity. Range from the victim & the shooter. Path of the wound. Number of wounds.

2. What are the basic types of gunshot wounds? Answer: Entrance wounds & exit wounds.

3. What are the characteristics of the two types of gunshot wounds? Answer: The wound where the projectile entered the body is smaller than the exit wound, but there have been welldocumented exceptions to this. The hole will usually be a neat, clean hole with an abrasion mark around it accompanied by a blackish-gray ring around the edges. Minimal bleeding will typically be observed. An exit wound is usually a larger wound than the entrance wound, with a ragged or torn appearance. The exit wound usually has a larger amount of blood around it than the entrance wound.

4. What can the presence of smudging tell an investigator? Answer: The significance of smudging is that it indicates that the victim was close to his or her assailant, although the firearm was not actually touching the skin.

5. What information can be obtained from the presence of tattooing? Answer: One issue of critical importance in investigating gunshot wounds is the determination of whether or not the victim was murdered or died from suicide. The presence (or absence) of powder burns not only helps in making this determination but also helps the investigator decide the distance between the victim and the firearm.

6. What are the indicators of a struggle? Answer: Defense wounds are characteristic of a struggle between a victim and an assailant. Such wounds may appear on the body of the victim and may take many forms.

7. What can investigators learn from shotgun wadding? Answer: Type of shot used, gauge of gun, & possible evidence to help identify the gun used.

140

Chapter 10 Robbery CHAPTER OVERVIEW The crime of robbery is the subject of this chapter. There is a complete summary of trends in robberies in the United States. The author defines the elements of robbery as well as distinguishes the fact that it is a violent crime.

The chapter also goes into great detail about the different types of robbery. Specifically there are explanations of victims and places where robberies typically occur. The chapter on robberies also reviews the responsibility of the first officer on scene up to and including safely arriving at the crime and the preliminary investigation.

The author tells the reader that the neighborhood canvas is pivotal to the investigation as well as learning the robber’s method of operation for future arrest. In this same section the author explains that the responding officer must broadcast any and all information to dispatch so there can be a “look out” for the suspect.

Physical evidence at the scene must be collected and turned over to investigators.

Interviewing witnesses and the victim will prove very useful for capture of the suspect.

CHAPTER OBJECTIVES • • • • • •

Summarize the trends and elements of robbery Differentiate between the types of robbery Describe the duties of the first officer to the robbery scene Explain how a robbery investigation is conducted Summarize the method of operation for robbers Describe the use of evidence and witnesses in robbery investigations

LECTURE OUTLINE Understanding Robbery Robbery is a personal crime involving a face-to-face confrontation between the victim and a perpetrator. Weapons may be used in robberies or strong-arm robbery may occur through intimidation. Purse snatching and pickpocketing are not classified as robbery by the Uniform Crime Reports (UCR) program but are included under the category of larceny-theft.

The Extent of Robbery Recent statistics illustrate the pervasiveness of robbery in America. For example, in 2014 the FBI 141

reported that there were an estimated 325,802 robberies nationwide in 2014. The estimated number of robberies, however, was down 22.0 percent from the 2005 estimate. The estimated robbery rate of 102.2 per 100,000 inhabitants showed a decrease of 6.3 percent when compared with the 2013 rate.

Consequences of Robbery In the sense that most robbers are motivated by economic gain, robbery could be considered a property crime. However, judged by the value of property taken in robberies, it is not a particularly serious crime. The loss sustained in most robberies is less than $100. It is, of course, the violent nature of the crime that makes it a crime against persons and a serious violation of criminal law.

Elements of Robbery As a general rule robbery has four main elements • • • •

Takes property from its rightful owner; Acts without the owner’s permission; Intends to steal property; and Uses force or intimidation against the owner.

A person must have specific intent to commit robbery. If the individual is just borrowing property or playing a joke, it’s not robbery. The force or intimidation must be directly related to taking of property for the act to be robbery.

Types of Robbery Attempts have been made to classify and explain the character and dynamics of robbery. In a study conducted in London, McClintock and Gibson found that robbery follows one of five patterns: • • • • •

Robbery of persons em ployed in positions placing them in charge of money or goods.

Robbery in open areas.

Robbery on private premises.

Robbery after preliminary association of short duration.

Robbery after previous association of some duration between victim and offender.

Commercial Robberies: Stores and Banks The commercial robbery typically occurs at the end of a work-week during the evening and very early morning hours. Typical targets of the commercial robber are stores and businesses located close to major thoroughfares, such as main streets, highways, and interstates.

Bank robbery represents a much greater property loss than other types of robbery but accounts 142

for only an estimated 2 percent of all robberies. Bank robberies are both state and federal crimes; therefore, they fall under the jurisdiction of local, state, and federal law enforcement.

The most common method of bank robbery is a threat with a visible firearm, most typically a handgun. Most of the remaining robberies are perpetrated with a demand note passed to the teller.

Street Robberies Most street robberies (also called muggings) are committed with a weapon, typically a handgun, and usually take place at night. Additionally, both the robber and victim are usually on foot.

The unarmed street robbery is also common in many cities. In this case, the victim is approached by two or more attackers who, through their numbers, intimidate the victim, reducing his or her willingness to resist.

Residential Robberies The residential robbery is one of the most terrifying types of robberies because an armed intruder breaks into a home and holds residents at gun- or knifepoint. Often, these crimes begin as burglaries but “convert” to robberies after the intruder discovers that there is someone home and chooses to use violence as a means of completing the theft.

School Robberies A school robbery fails to meet the stereotypic type of robbery in that it is not a stickup or a mugging but, for the most part, is an instance of petty extortion or a “shakedown” of students or teachers.

Vehicle Robberies The victim of the vehicle robbery is often the driver of the vehicle. Such vehicles often include delivery vehicles, taxicabs, buses, and so on, while the people involved make easy targets for the robber because they frequently work alone and in sparsely populated areas of town.

A new trend in vehicle robberies emerged in Miami, Florida, in 1991—the smash-and-grab robbery. The robbers stake out streets and exit ramps from airports, and when automobile drivers come to a stop at a streetlight, the robbers approach the car, break the window, and hold up the driver at gunpoint.

The First Officer on Scene After receiving a radio call, the first officer’s initial responsibility is to arrive at the scene as quickly and safely as possible. Of the two, safety should be emphasized more than swiftness.

The decision to use equipment such as emergency lights and a siren is left to the officer’s judgment and may depend on several considerations. Factors influencing the decision to use emergency equipment include the following: 143

• • • • •

Distance to be traveled to the crime scene Amount of traffic Time of day of the call Inability to clear traffic Need to halt the assault of a victim

When approaching the scene, he or she should be on the lookout for fleeing subjects and persons sitting in parked cars. These might be accomplices or lookouts working with the robber.

The first officer on the scene should cover the most likely exit from the robbery location. After assessing the situation, it is his or her job to direct other responding officers to cover other escape routes.

The Preliminary Investigation When responding to calls in which the robbers have already left the scene, officers must prioritize the care of any injured parties. In addition, they must keep in mind that the robbery scene is a crime scene, where valuable evidence may be present.

Therefore, possible locations of fingerprints and other evidence should be protected. Next, witnesses should be located and statements taken regarding descriptions of the suspects and their vehicles so that a “flash” description can be broadcast.

When obtaining description information from witnesses, officers should first separate them to minimize discussion about the robbery and provide officers with separate suspect description sheets. It is important during this stage of the investigation to get descriptions while the witnesses’ recollection of the crime is still fresh.

The Neighborhood Canvas Typically, a robbery investigation takes weeks or even months to complete. A logical starting place, however, is a canvass of the area surrounding the location of the robbery. Specifically, investigators should consider the suspect’s most likely escape route and question residents and business owners in the area. In addition, while the canvass is in progress, officers should look for evidence discarded by the suspect during his or her escape.

The neighborhood canvass is also critical in the event that the robber is hiding somewhere close to the robbery location. Therefore, investigators should look in parked cars, dumpsters, and alleyways for the hidden suspect. In addition, local motels or hotels in surrounding towns and car rental companies should also be checked.

The Robber’s Method of Operation Bank robbery methods are as novel and varied as the monikers used to label them. But in the end, the most common approach is to step up to a teller and make a demand verbally, with a written note, or both.

144

Studies have shown that many people who commit a robbery are often repeat offenders, or recidivists. Therefore, it is important to document the techniques and method of operation (MO) used by the suspect. An MO focuses on the behavior of the criminal during the commission of a crime.

The treatment of the victim(s) could also have a bearing on the investigation. For example, was violence used? If so, what were the injuries? Was the victim kicked, beaten, shot, or struck with the weapon? Other actions might also be significant: • • •

Did the suspect cut the telephone wires?

Were the victims locked up?

Were the victims tied up or gaged?

Investigators should remember that because of a lack of abundant physical evidence, robbery scenes may suggest other types of evidence. MOs in connection with any available physical evidence may help identify the perpetrator and ultimately prove a case.

Physical Evidence The crime scene should be processed as soon as possible after physical evidence has been identified. Evidence in robberies may take several forms, i ncluding fingerprints, binding material, and fired cartridges.

Binding material, if located, may include strips of tape, such as duct or masking tape; cloth strips; wire; rope; or any material used to incapacitate the victim. In the event that rope is used as a restraining device, care should be taken not to destroy any knots. These can be used to link the suspect with any specialized technique of tying knots.

Shell casings or cartridges may also provide important evidence of a robbery. Such items may bear latent prints of perpetrators or identify the type of weapon used for the crime.

The Role of Witnesses Because of the violent nature of the crime of robbery and the imminent threat of injury, witnesses are not likely to remember many specific details of a robbery. It is important, however, that officers attempt to gather as much information as possible from any witnesses.

The details regarding perpetrators should be as specific as possible. Information should be sought regarding specifics, such as scars, tattoos, jewelry worn, and other particulars about the suspects.

Leading questions asked by the investigator might help draw out these details.

Leading questions include the following: • • •

What did you notice most about the robber’s appearance?

What were the most noticeable features about the robber’s face?

Was there anything unique or unusual about the robber’s manner of speech?

145

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: www.nij.gov This is the official site of the National Institute of Justice, the research, development, and evaluation agency of the U.S. Department of Justice. The mission of the NIJ is to improve knowledge and understanding of crime and justice through science. The site’s main menu contains links for funding, publications, events, training, and multimedia, including audio and video presentations. Quick links include topics A–Z, which contain information on corrections, courts, crimes and prevention, law enforcement, and technology and tools, to name a few. www.fbi.gov This is the official site of the FBI. For those interested in learning more about the various cases noted in the chapter, the site has a search engine to find press releases and other information about the cases. The Geezer Bandit, Midwestern Bandit, and Scarecrow Bandit cases are all archived on the site. A search using the term “bank bandits” reveals even more intriguing cases.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. Answer should include: There is no guarantee this robbery was motivated by the desire to obtain drugs. This could be a way to take the investigation but it could go other ways as well.

A good description of the robber if one was available would also help the investigation. The mood of the robber if one could tell would answer a lot in the case. Did he seem panicky or on drugs could answer if it was done to obtain drugs. The robbery could have also been to steal drugs and sell them.

2. Answer should include: All the elements of a robbery are visible in this case. What seems more important is the robber’s motivation for the crime. This could lead to more answers and help capture the criminal. Also knowing the method of this crime it is sure to lead investigators to be more careful apprehending the suspect given his/her willingness to use violence.

Learning Outcomes 1: 1. What are the advantages of robbery compared to other types of crime? Answer: Robbery is a personal crime involving a face-to-face confrontation between the victim and a perpetrator.

Given this type of case there may be better descriptions of the robber and his or her method of escape.

146

2. What is the difference between robbery and burglary? Answer: Robbery is a personal crime involving a face-to-face confrontation between the victim and a perpetrator. Weapons may be used to accomplish this crime. Burglary is a entry into a home of dwelling to steal contents of the property.

3. How does the FBI’s Uniform Crime Report define robbery? Answer: The FBI’s Uniform Crime Reporting (UCR) Program defines robbery as the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

4. What are the emotional and psychological consequences of robbery? Answer: Emotional consequences of robbery could be a constant fear of being re-victimized. Psychological consequences of robbery could be a Post Traumatic Stress Disorder (PTSD) 5. What are the elements of robbery? Answer: Elements of robbery are: taking property of another; without owner’s permission; intending to steal property; by use of force or intimidation.

Learning Outcomes 2: 1. According to London, McClintock, and Gibson, what are the patterns of robbery?

Answer: Robbery of persons employed in positions placing them in charge of money or goods . Robbery in open areas. Robbery on private premises. Robbery after preliminary association of short duration. Robbery after previous association of some duration between victim and offender.

2. What cautions do convenience stores take to deter potential robbers? Answer: Many stores have a policy of keeping only a minimal amount of cash on the premises to deter would-be robbers. Others use video cameras to record business transactions and customers in the store.

3. From a legal perspective, what are the elements of robbery? Answer: Forcibly stealing property. Using force or threatening the immediate use of physical force against another.

4. What are the most common methods used in bank robberies? Answer: The most common method of bank robbery is a threat with a visible firearm, most typically a handgun. Most of the remaining robberies are perpetrated with a demand note passed to the teller. In this case, the note can be a valuable piece of evidence if the robber fails to ask for its return. In addition, in the majority of bank robberies the perpetrator acts alone in the facility, but accomplices may be waiting in an escape vehicle outside.

5. Who are the most likely targets of street robberies? Why? Answer: Those who are most likely to become victims of street muggers are elderly individuals and people who are drunk in public. The unarmed robber relies on opportunity rather than a strategic plan in selecting a victim. The most likely victim is one who walks alone on a secluded street after dark.

6. What are three key characteristics of robbery? Answer: Most street robberies (also called muggings) are committed with a weapon, typically a handgun, and usually take place at night.

Additionally, both the robber and victim are usually on foot. Suspects in street robberies are apt 147

to be teenagers, usually young men.

7. What characteristics distinguish the professional robber from the opportunistic robbery? Answer: For example, the professional robber’s getaway vehicle may be rented or stolen and may have stolen license plates. This enables the suspects to ditch the vehicle or the plates after they have left the area of the robbery. Conversely, an amateur robber often uses his or her own vehicle. Bank robbery has changed in recent years due to an increase in the number of branch banks, which tend to be located in such a way as to be highly vulnerable to robbers.

8. What is the most common type of robbery committed? Answer: Street or highway robberies.

Learning Outcomes 3: 1. What factors influence the decision to use emergency equipment when en route to a robbery scene? Answer: Distance to be traveled to the crime scene. Amount of traffic. Time of day of the call. Inability to clear traffic. Need to halt assault of a victim.

2. What are the responsibilities of the first officer on the scene of a robbery? Answer: the officer should summon assistance and be prepared to wait for backup before attempting to enter the robbery location. The first officer on the scene should cover the most likely exit from the robbery location. If the robbery is still in progress, entry into the structure should not be authorized.

3. Under what circumstances is it advisable for the arriving officer to enter the location of a robbery? Answer: If the arriving officer has assistance then one could possible enter the scene of the active robbery.

Learning Outcomes 4: 1. What are the first steps officers should take when arriving at a robbery scene? Answer: When obtaining description information from witnesses, officers should first separate them to minimize discussion about the robbery and provide officers with separate suspect description sheets. It is important during this stage of the investigation to get descriptions while the witnesses’ recollection of the crime is still fresh.

2. What information is included in a flash description? Answer: Witnesses should be located and statements taken regarding descriptions of the suspects and their vehicles so that a “flash” description can be broadcast.

3. When conducting a neighborhood canvass, where should investigators look if the suspect is hiding/still in the area? Answer: Investigators should look in parked cars, dumpsters, and alleyways for the hidden suspect. In addition, local motels or hotels in surrounding towns and car rental companies should also be checked.

4. What typical MO information is needed when investigating robberies? Answer: The location of the robbery, such as a bank or convenience store, may identify certain groups of 148

suspects. Other factors include the type of weapon used; the dress of the robber(s); and the amount of money, merchandise, drugs, and so on taken.

5. What is the most common type of robbery? Answer: Street or highway robberies.

6. What information is included in a second broadcast? Why is a second broadcast important? Answer: A second broadcast is required after further questioning of the witnesses is conducted. The purpose is to correct any errors broadcast in the original transmission and to provide district officers with additional details.

Learning Outcomes 5: 1. What is the most common method of operation used in bank robberies? Answer: The location of the robbery, such as a bank or convenience store, may identify certain groups of suspects. Other factors include the type of weapon used; the dress of the robber(s); and the amount of money, merchandise, drugs, and so on taken.

2. Why are the labels often given to bank robberies considered positive from an investigative point of view? Answer: The labels for bank robbers are thought to be a positive because more media attention leads to more tips and investigative leads.

3. Why is it imperative to properly document techniques and methods used by robbery suspects? Answer: Studies have shown that many people who commit a robbery are often repeat offenders, or recidivists. Therefore, it is important to document the techniques and method of operation (MO) used by the suspect.

4. What factors assist investigators with identifying certain groups of robbery suspects?

Answer: In addition to the age, gender, height, and race of a suspect, it is important to document specific behavior during a crime. Such behavior might indicate nervousness (or calmness) or could indicate that a person was under the influence of drugs at the time.

5. How does the treatment of the victim(s) affect the investigation? Answer: The treatment of the victim(s) could also have a bearing on the investigation. For example, was violence used? If so, what were the injuries? Was the victim kicked, beaten, shot, or struck with the weapon?

Learning Outcomes 6: 1. What types of physical evidence may be present at a robbery scene? Answer: Evidence in robberies may take several forms, including fingerprints, binding material, and fired cartridges.

2. What does the presence of shell casings tell investigators about a robbery? Answer: Such items may bear latent prints of perpetrators or identify the type of weapon used for the crime. In fact, rifling (impressions) on the sides of casings may be used in linking a specific gun with a crime.

3. Why should investigators interview witnesses of a robbery separately? Answer: It is vital 149

that witnesses be separated so that their individual perceptions of what happened won’t influence other witnesses.

4. What information from witnesses should be sought regarding perpetrators? Answer: The details regarding perpetrators should be as specific as possible. Information should be sought regarding specifics, such as scars, tattoos, jewelry worn, and other particulars about the suspects.

5. What questions should interviewers ask witnesses about perpetrators? Answer: Leading questions asked by the investigator might help draw out these details. What did you notice most about the robber’s appearance? What were the most noticeable features about the robber’s face?

Was there anything unique or unusual about the robber’s manner of speech?

6. How do some banks help to simplify bank robbery investigations? Answer: In the case of bank robberies, some banks may use bait money to aid in capturing the robbery suspect. When used, bait money is placed in a specially designated bin in a teller’s cash drawer. This cash has had its serial numbers prerecorded so that it can be identified if it is later found in a suspect’s possession. In other cases, when bait money is removed from a drawer, a silent alarm will be set off, notifying local police that a robbery is in progress.

150

Chapter 11 Assault and Related Offenses CHAPTER OVERVIEW This chapter discusses the gravity and severity of assault. The author does review the different elements of assault and aggravated assault. The topic then goes to issues of domestic assault. The legal approaches to dealing with domestic assault and protection orders are covered as well in this chapter. The crime of stalking and the discussion of who “generally” stalks whom is thoroughly covered by the author.

The crime of sexual assault and all its forms and victims is covered in this chapter. There is discussion of what constitutes “resistance” from a sexual assault, which is commonly a point of contention by defense attorneys. There is the importance of the interview by officers and evidence collection as part of this chapter. As intrusive as this type of investigation can be the better the interviews and evidence collection the further the chance of a conviction of the suspect.

When speaking of the interview process the other mentions the investigator needs to have a good attitude when dealing with the victim. Also the physical setting of the interview needs to be where the victim is most comfortable.

CHAPTER OBJECTIVES • • • • • •

Explain the legal definition of assault Describe the problem of domestic violence Explain the methods of investigating stalking cases Describe the crime of sexual assault and rape Identify evidence in rape cases Explain techniques of rape victim interviews

LECTURE OUTLINE Legal Classifications of Assault Today, many revised state statutes categorize threats and actual physical contact as simple assault and aggravated assault.

Simple assault • •

Threats by one person to cause bodily harm or death to another.

Purposely inflicting bodily harm to another.

151

Aggravated Assault Aggravated assault includes the elements of simple assault plus an element relating to the severity of the attack. Aggravated assault is usually committed with a weapon or by some means likely to produce great bodily harm or death.

• • •

High probability of death.

Serious, permanent disfigurement.

Loss or impairment of body members or organs.

Only one of these additional elements is needed to show aggravated assault, although two or all three are sometimes present.

Domestic Violence Responding to domestic violence calls is one of the most unpleasant duties for police officers.

This is because the highly emotional atmosphere accompanying domestic abuse situations, the raw violence often displayed, the family lives destroyed, and the victim’s frequent hesitancy to prosecute or seek shelter all place a heavy burden on the officers sent to such disturbances.

Response to such calls may be initiated by the dispatcher, who can save hours of legwork by exploring with the victim his or her frame of mind and that of the alleged attacker. Domestic violence calls are complicated in that they may unfold into simple battery, assault, kidnapping, trespassing, murder, stalking, terroristic threats, spousal rape, or many other types of criminal violations.

After officers have entered the location of the domestic violence call and have secured the area, the investigation be- gins. The first rule is to interview the suspect and victim separately. Until a determination has been made as to the nature of the dispute and the relationship between the suspect and victim, the suspect is not under arrest for domestic violence.

In line with the probable cause standard, police officers should arrest all abusers who are not acting in self-defense and issue an arrest warrant even if the offender is absent. A number of states make it mandatory for an officer to make an arrest if there is probable cause, even without an assigned complaint by the victim.

If the assault was a mutual assault (that is, both people involved committed assault), officers must try to determine the primary physical aggressor and arrest that person.

Some factors to consider in making this determination include • • • • •

Prior domestic violence involving either person The relative seriousness of the injuries inflicted upon each person involved The potential for future injury Whether one of the alleged assaults was committed in self-defense Any other factor that helps the officer decide which person was the primary physical aggressor 152

Legal Approaches to Domestic Violence In many cities, a high percentage of female victims request that battery charges be dropped or refuse to testify against the abuser after he has been arrested. In response to this, prosecutors in many cities with vigorous prosecution philosophies are increasingly adopting a controversial policy of “no drop.”

Protection Orders For many women who have become leery of the criminal justice system but are threatened by their violent partners, protection orders are an option.

A temporary protection order can be issued put into effect for a year or longer.

the same day the woman requests it and can be

Stalking The crime of stalking generally refers to some form of repeated harassing or threatening behavior. A stalker is someone who intentionally and repeatedly follows and tries to contact, harass, or intimidate another person.

Though most states define stalking as the willful, malicious, and repeated following and harassing of another person, some states include in their definitions such activities as lying in wait, surveillance, nonconsensual communication, telephone harassment, and vandalism.” Other experts have asserted that although statutes vary from one state to another, most define stalking as a course of conduct that would place a reasonable person in fear for his or her safety and that the stalker attempted to and did in fact place the victim in fear.

Research shows a number of different personality types of stalkers. In “A Study of Stalkers,” Mullen et al. (2000) identified five types of stalkers: • • • • •

Rejected stalkers Resentful stalkers Intimacy seekers Incompetent suitors Predatory stalkers

As noted, the act of stalking might involve following a person or appearing at the person’s home or place of business, making harassing phone calls, or leaving written messages or objects on the victim’s property.

Who Stalks Whom?

Experts say that the motive for stalking can be romantic jealousy—gay men are the most likely victims of male-on-male stalking. But male stalking is often linked to the high-profile positions that the targets hold in society.

153

Researchers say that men stalk other men for primarily the same reasons that they stalk women: a complex mix of mental and personality disorders that can include schizophrenia, drug dependency, narcissism, and antisocial behavior.

Although only a small percentage of stalking victims are actually physically attacked, psychological and social consequences are also common. About one-third of women and onefifth of men who have been stalked sought psychological counseling as a result of their victimization.

Sexual Assault Generally speaking, most sex crimes, rape in particular, are thought to be grossly underreported by victims. In fact, an estimated 50 percent of all sexual assaults are believed to go unreported to authorities. Perhaps this could be attributed to the in- tense personal nature of such offenses and because victims are too embarrassed or humiliated to report the incident.

Forcible Rape The terms rape and forcible rape are often applied to a wide variety of sexual attacks, including same-sex rape and the rape of a male by female. Under the Uniform Crime Reports (UCR) program of the Federal Bureau of Investigation (FBI), the term forcible rape generally refers to “the carnal knowledge of a person forcibly and against their will.”

Conventional wisdom holds that forcible rape is often a planned violent crime that serves the offender’s need for power rather than sexual gratification. As a rule, most rapes are committed by acquaintances of the victim and often betray a trust for friendship.

Legal Aspects of Rape According to common law, there are three elements to the crime of rape when the female is over the age of consent: 1. Carnal knowledge (penetration) 2. Forcible submission 3. Lack of consent Penetration, as an essential element of rape, means generally that the sexual organ of the male entered the sexual organ of the female. Court opinions have held that penetration, how- ever slight, is sufficient to sustain a charge of rape. In many states, the victim must have resisted the assault and her resistance must have been overcome by force. The amount of resistance that the victim is expected to have displayed de- pends on the specific circumstances of the case.

It can be expected that one woman would be paralyzed by fear and rendered mute and helpless by circumstances that would inspire another to fierce resistance or that a woman may be rendered incapacitated by drugs such as Rohypnol or GHB. Evidence in Rape Cases 154

As with all investigations, the identification, collection, and preservation of evidence are the primary responsibility of the investigator. Rape cases are somewhat unique in that evidence may present itself in three general areas: 1. On the crime scene 2. On the victim 3. On the suspect (or at locations occupied by the suspect) If the incident was fairly recent, a flash description of the suspect or his vehicle should be given to the dispatcher for possible broadcast. After the crime-scene investigation is under way, the investigator should determine if there is any physical evidence to be collected.

As early as possible, clothing should be collected from the victim and preserved for laboratory analysis. Other types of evidence that should be considered are bed sheets, mattress, towels and washrags, discarded facial tissues, robes, and sofa or chair cushions.

Investigative Procedures: The Crime Scene Investigation An officer’s first duty at the scene of a rape is to aid the victim and obtain medical attention immediately, if required. If the attack was brutal and the victim is suffering from wounds, briefly question the victim about the attack if she is able to speak.

Usually upon arriving at a rape scene, officers will find the victim of a sexual assault under severe emotional stress ranging from hysteria to deep depression. She may be sobbing uncontrollably, excited to the point of incoherence, or in a state of shock. A victim in this mental state may best be comforted by another woman such as a female officer, a family member, a friend, or a victim advocate.

The crime scene should be secured and a search for physical evidence begun as soon as possible.

Quite often, the victim will pull the assailant’s hair, tear his clothes, or scratch his face and accumulate skin tissue or bloodstains under her fingernails. The victim’s clothing can also provide valuable information. This should be collected and forwarded to the crime laboratory with other trace evidence for analysis.

Clothing When a rape occurs in the home, the victim should be re- quested by the responding officer not to change her clothing, shower, or touch anything in the area until officers arrive at the scene to give her instructions.

Semen Seminal traces may be located by ultraviolet radiation because of their fluorescent qualities.

Semen is highly proteinaceous serum normally containing a great number of spermatozoa.

Hair It is fairly common to find a reciprocal transfer of evidence in crimes involving bodily contact.

155

As such, it is not unusual to find hair of the offender transferred to the body or clothing of the victim and, in turn, to discover some of the victim’s hair on the suspect.

Investigative Procedures: The Forensic Examination The forensic examination is arguably the most critical component in the aftermath of a sexual assault. The exam has two main goals: to treat the assault survivor for medical injuries and to collect evidence that may lead to the arrest, prosecution, and conviction of the offender.

Investigative Procedures: The Interview Although the victim interview is one of the key components of a rape investigation, it can also be one of the more difficult functions for a criminal investigator. Most agencies do not have such specialized personnel resources, but many agencies have found it helpful to utilize female officers individually or in conjunction with a male officer for such interviews.

Most rape investigations should incorporate a preliminary and subsequent in-depth interview with the victim. The initial interview conducted at the crime scene should be limited to gathering basic facts about the crime sufficient to identify the victim and to describe and locate the offender on a timely basis.

Officer Attitude When interviewing a rape victim, the officer must realize that, from the victim’s viewpoint, what has occurred is a violent and perverted invasion of her “self.”

Physical Setting It is unreasonable to expect a rape victim to respond to detailed questioning while she is uncomfortable or in physical pain. Under conditions such as these, the preliminary interview should be brief, and the in-depth follow-up interview should be conducted after the victim has been medically examined and treated and her personal needs, such as washing and changing clothes, have been met.

Opening Remarks The opening remarks represent a critical point at which an officer must gain the victim’s confidence and let her know that a major part of the officer’s function is to help and to protect her. The officer should make clear his or her sympathy for and interest in the victim.

Ventilation Period After the opening remarks, the officer should allow the victim to direct the conversation into any area of concern to her. This “ventilation” period gives the victim an opportunity to relieve emotional tension.

Investigative Questioning After a ventilation period, the victim should be allowed to describe what occurred in her own words and without interruption. As the victim provides details about the rape, she will also relate a great deal about herself. Her mood and general reaction, her choice of words, and her comments on unrelated matters can be useful in evaluating the facts of the case.

Concluding the Interview As a result of having been raped, many victims suffer long-term emotional problems. Because of this, it is appropriate for the officer conducting the interview to determine whether the victim has sought assistance for any such problems.

156

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: www.fbi.gov The Uniform Crime Reporting Handbook can be found at this official site of the Federal Bureau of Investigation. www.ncjrs.gov; http://samfe.dna.gov For those interested in learning more about the National Protocol for Sexual Assault Medical Forensic Exam, visit these sites. The document can also be accessed under publications on the U.S. Department of Justice website. www.ovw.usdoj.gov This is the official site of the U.S. Department of Justice’s Office on Violence Against Women.

The site includes quick links to a variety of topics and data, including the grants program, as well as publications, press room, and other resources. It also includes a careers link that contains information on student opportunities and internships.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. Answer should include: The investigation should take place in the crime scene: hair clothing; or fibers left by the assailant and the victim. As stated the victim herself would have evidence on her such as hair clothing semen. She would also need to have a rape kit (SAFE) performed at the hospital. The victim may also have skin of her assailant on her as well. Additionally the suspect would have traces of the victims clothing, bodily fluids and hair.

Learning Outcomes 1: 1. What is the primary difference between simple and aggravated assault? Answer: Aggravated assault produces more violent injury.

2. What kind of evidence can be used to demonstrate intent in a simple assault case?

Answer: Threats by one person to cause bodily harm or death to another. Or purposely inflicting bodily harm on another.

3. What element/characteristic do simple assault and aggravated assault have in common?

Answer: Creation of harm.

157

4. What factors make investigating assault cases difficult? Answer: Determining what instrument was used could make the investigation difficult.

5. Identify the best evidence in sexual assault cases. Answer: Blood, semen, or hair.

Learning Outcomes 2: 1. What factors make domestic disputes potentially dangerous for law enforcement officers? Answer: Domestic assault calls are often dangerous for the police. This is because the highly emotional atmosphere accompanying domestic abuse situations, the raw violence often displayed, the family lives destroyed, and the victim’s frequent hesitancy to prosecute or seek shelter all place a heavy burden on the officers sent to such disturbances.

2. What factors are considered when determining whether an arrest should be made in a domestic violence case? Answer: Prior domestic violence involving either person. The relative seriousness of the injuries inflicted upon each person involved. The potential for future injury.

Whether one of the alleged assaults was committed in self-defense. Any other factor that helps the officer decide which person was the primary physical aggressor.

3. What are examples of evidence collected in domestic violence cases? Answer: In domestic violence cases, evidence includes photographs of injuries, victims’ statements, prior police reports, doctor or hospital reports, weapons used, damaged clothing or other property, and statements from neighbors and other wit- nesses.

4. When women refuse to testify against an abuser who has been arrested, what recourse do a prosecutor and the courts have? Answer: In many cities, a high percentage of female victims request that battery charges be dropped or refuse to testify against the abuser after he has been arrested. In response to this, prosecutors in many cities with vigorous prosecution philosophies are increasingly adopting a controversial policy of “no drop.”

5. What issues must be first and foremost in the minds of the first officers arriving at the scene of a domestic dispute? Answer: What responding officers do upon arrival often determines what happens in court, whether an effective arrest will be conducted, and whether or not proper evidence will be collected. After officers have entered the location of the domestic violence call and have secured the area, the investigation begins. The first rule is to interview the suspect and victim separately.

Learning Outcomes 3: 1. What actions on the part of the victim can be used as evidence in a stalking case? Answer: Though most states define stalking as the willful, malicious, and repeated following and harassing of another person, some states include in their definitions such activities as lying in wait, surveillance, nonconsensual communication, telephone harassment, and vandalism.”

2. In states with anti-stalking laws, the burden of proof falls on which participant in the case? Answer: The victim.

158

3. Who are the primary victims of stalking? Answer: Experts say that the motive for stalking can be romantic jealousy—gay men are the most likely victims of male-on-male stalking. But male stalking is often linked to the high-profile positions that the targets hold in society.

4. Who are the primary perpetrators of stalking? Answer: Students stalk professors, attractive celebrities are pursued by lonely men looking for famous buddies, and business and political leaders can become objects of hate when consumer complaints turn ugly.

5. What problems are encountered when the victims of stalking are men? Answer: Some of the problems with male stalking are that men are more reluctant than women to report being stalked and can have trouble getting police to take them seriously.

6. What psychological and social consequences are associated with stalking? Answer: About one-third of women and one-fifth of men who have been stalked sought psychological counseling as a result of their victimization. More than one-fourth of stalking victims said their victimization caused them to lose time from work. This included attending court hearings, meeting with psychologists or other mental health professionals, meeting with attorneys, and avoidance of contact with the assailants.

7. What elements are included in many state definitions of the crime of stalking? Answer: Legal definitions of stalking vary widely from state to state, but the term generally refers to harassing or threatening behavior that a person engages in repeatedly, such as following a person, appearing at a person’s home or place of business, making harassing telephone calls, leaving written messages or objects, or vandalizing a person’s property.

8. What are the causes of stalking? Answer: behavior that a person engages in repeatedly, such as following a person, appearing at a person’s home or place of business, making harassing telephone calls, leaving written messages or objects, or vandalizing a person’s property.

Learning Outcomes 4: 1. Why do many sexual assaults go unreported? Answer: Studies have revealed that many victims would rather just forget such crimes than go through the agony of reliving them through police interviews and courtroom testimony.

2. How does the definition of rape impact its reporting to law enforcement agencies and its overall rate of occurrence in statistical terms? Answer: Generally speaking, most sex crimes, rape in particular, are thought to be grossly underreported by victims. In fact, an estimated 50 percent of all sexual assaults are believed to go unreported to authorities.

3. What are the three elements of the crime of rape when a female is over the age of consent? Answer: Carnal Knowledge. Forcible Submission. Lack of consent.

4. What are the general exceptions to the rule of resistance in rape cases? Answer: Resistance is not necessary where it would endanger the complainant’s safety or when she is overcome by superior strength or paralyzed with fear.”

159

5. In rape cases, how is the concept of resistance determined? Answer: Most recognize that there is a wide difference between consent and sub- mission by force or threat of force: Consent may involve submission, but submission does not necessarily imply consent.

Learning Outcomes 5: 1. What are the three areas in a rape case where evidence may be discovered? Answer: Clothing. Semen. Hair.

2. During a rape investigation, what types of evidence should be considered by the investigator? Answer: Quite often, the victim will pull the assailant’s hair, tear his clothes, or scratch his face and accumulate skin tissue or bloodstains under her fingernails. The victim’s clothing can also provide valuable information.

3. What are the duties of an officer at the scene of a rape? Answer: An officer’s first duty at the scene of a rape is to aid the victim and obtain medical attention immediately, if required. If the at- tack was brutal and the victim is suffering from wounds, briefly question the victim about the attack if she is able to speak. Questions relating to what happened and where the attack took place, as well as a description of or information about the assailant are pertinent basic facts.

4. What is the most critical component of an investigation following a sexual assault, and why is this component so critical? What are the goals of this component of the investigation? Answer: The forensic examination is arguably the most critical component in the aftermath of a sexual assault. The exam has two main goals: to treat the assault survivor for medical injuries and to collect evidence that may lead to the arrest, prosecution, and conviction of the offender.

Learning Outcomes 6: 1. What role can a female officer play in a rape investigation? Answer: Female officers are generally effective in mitigating some of the anxiety and apprehension that rape victims have concerning the interview process and related investigatory activities.

2. What makes the victim interview in a rape investigation difficult for the criminal investigator? Answer: The difficult and, in many ways, specialized nature of these interviews has been a major reason for the introduction and use of rape crisis specialists to assist in these cases. Most agencies do not have such specialized personnel resources, but many agencies have found it helpful to utilize female officers individually or in conjunction with a male officer for such interviews.

3. What is the investigative role of the officer interviewing a rape victim? Why is this role a vital one? Answer: Most rape investigations should incorporate a preliminary and subsequent indepth interview with the victim. The initial interview conducted at the crime scene should be limited to gathering basic facts about the crime sufficient to identify the victim and to describe and locate the offender on a timely basis. The investigative goal of the police officer in interviewing a rape victim is to determine if and how the crime occurred.

160

4. How can an officer’s attitude impact the interview process? Answer: Special care should be exercised so that the rape victim is not placed in the position of perceiving herself as being guilty because of the personal nature of the crime and the social stigma attached to it.

Maintaining professionalism throughout the interview will help the officer obtain an accurate report of the crime without causing the victim to experience unnecessary anxiety.

161

Chapter 12 Missing and Abducted Persons CHAPTER OVERVIEW This chapter covers missing and abducted persons. The chapter begins giving some raw data about the crime. Then it proceeds to talk about the profile of the abductor be they stranger or non-stranger. The reality exists that many children are taken by non-strangers, such as parents or relatives, as it is also real that abductions are by someone the child knows from the neighborhood. The chapter also talks of runaway or lost children.

The Internet has additionally become a place for these abductors to lure children from their homes. The Code Adam project is also a point of discussion as to retail stores trying top reduce child abductions. Megan’s and Jessica’s laws are covered in this chapter.

The investigative response by officers to the scene of child abduction is part of the discussion of this chapter. The author talks of the officer’s responsibilities to get as much information about the child, his/her custody status as well as a canvas of the area.

The sixteen steps of investigating abduction are covered to assist in the investigation to finding the child. None of these are simple steps but gaining as much information as possible allows for an Amber Alert to be sent out with as much clarity as possible. This also includes the investigators use of the media to get as many leads as possible in finding the child.

CHAPTER OBJECTIVES • • • • •

Summarize the complexity of the nation’s missing persons problem Identify the different types of missing persons cases Identify the investigative response to missing person cases Explain the role of the responding officer in missing persons cases Explain the role of the criminal investigator in missing person cases

LECTURE OUTLINE Understanding the Big Picture The incidence of missing children is alarming. As of December 2010, the National Crime Information Center (NCIC) of the Federal Bureau of Investigation (FBI) contained 85,820 active missing person records. Of those, juveniles under the age of 18 accounted for 38,505 (44.9 percent) of the records and 10,248 (11.9 percent) were juveniles between the ages of 18 and 20.

Statistics show that there are an estimated 100 cases per year in the United States in which a child is abducted and murdered. The victims of these cases are “average” children leading 162

normal lives and living with normal families, that is, typical low-risk victims. The vast majority of them are girls (76 percent), with the average age being slightly older than 11 years of age. In 80 percent of cases, the initial contact between the victim and killer is within 1/4 mile of the victim’s residence.

Profiling the Abductor: Stranger versus the Non-Stranger According to the National Center for Missing and Exploited Children (NCMEC), every year, more than 200,000 children are abducted by family members.2 An additional 58,000 are taken by non-relatives with primarily sexual motives.

When a child is reported missing, members of the media advise parents to check sex offender registries to prevent their child from possible abduction or sexual victimization. According to the FBI, however, statistics show that Registered Sex Offenders (RSOs) are a minimal part of the problem.4 In 2009, an RSO was the abductor in only 2 percent of child abduction cases; in 2010, this figure dropped to 1 percent.

Children Who Are Killed According to NISMART (National Incidence Studies of Missing, Abducted, Runaway and Thrown-Away Chidren (NISMART) project), whereas the youngest girls, one to five years old, tended to be killed by friends or acquaintances (64 percent), the oldest young women, 16 to 17 years old, tended to be killed by strangers (also 64 percent). The relationship between the killer and victim is different for the male victims. The youngest male victims (one to five years old) were most likely to be killed by strangers (also 64 percent), as were teenage boys (13 to 15 years old, and 16 to 17 years old, 58 percent).

The average age of killers of abducted children in the NISMART study was around 27 years old.

They were predominantly unmarried (85 percent) and half of them (51 percent) either lived alone (17 percent) or with their parents (34 percent). Half of them were unemployed, and those who were employed worked in unskilled or semi-skilled labor occupations. Therefore, the killers can generally be characterized as “social marginals.”

Almost two-thirds of the killers (61 percent) in the NISMART study had prior arrests for violent crimes, with slightly more than half of the killers’ prior crimes (53 percent) committed against children. The most frequent prior crimes against children were rape (31 percent of killers) and other sexual assault (45 percent of killers). Sixty-seven percent of the child abduction murderers’ prior crimes were similar in method of operation (MO) to the child abduction murder.

Commonly, the killers in the NISMART study were at the initial victim–killer contact site for a legitimate reason (66 percent). They either lived in the area (29 percent) or were engaging in some normal activity. Most of the victims of child abduction murder were victims of opportunity (57 percent). Only in 14 percent of cases did the killer choose his victim because of some physical characteristic of the victim. The primary motivation for the child abduction murder was sexual assault. After the victims were killed, 52 percent of the bodies were concealed to prevent discovery. In only 9 percent of cases was the body openly placed to ensure its discovery.

163

NISMART also noted that once the murder investigation had begun, the name of the killer was known to the police within the first week in 74 percent of cases.

Abductor Characteristics and Factors First, they most often have a prior visual sighting of the victim, and the initial contact is frequently made at or near the home. Second, the motivation for the crime is often sexual in nature. The victim is usually a girl younger than 14 years old, and the suspect is usually an unemployed white male with a criminal re- cord.

The duration of a kidnapping episode is usually less than 24 hours (90 percent). Only fewer than 10 percent last longer than one day. Nonfamily abductions (stereotypical kidnappings) show the same patterns, although 30 percent of them last less than three hours. The most dramatic difference between nonfamily abductions and family abductions is in the treatment of the victim.

In 99 percent of nonfamily abductions, the child is returned alive. In nonfamily abductions, a safe return occurs only 57 percent of the time. Ominously, the child suffers a sexual or physical assault in an astounding 86 percent of stereotypical kidnappings.

Types of Missing Children Cases In general, missing children cases fall into three basic categories: nonfamily abduction, family abduction, and runaway (or lost).

The nonfamily abduction case, in which a child is removed without authorization from his or her family by force or trickery, is the most complex and dangerous type of missing child case.

Many experts believe that the first few hours after an abduction are the most dangerous for children.

Also included in this category are abductions of newborns and infants from health care facilities, malls, grocery stores, and public transportation facilities, as well as other public places where the mother’s or childcare provider’s attention may be diverted. The offender almost always is a woman and generally does not harm the baby because she usually abducts the child in order to have a baby of her own.

The second type of case is the family abduction, which generally occurs in conjunction with divorce and separation. In this type of case, the noncustodial parent removes the child from the care of the custodial parent and may flee to another state or even another country with the child.

Family abductions are often very complex cases involving court orders, child protection services, and hidden agendas, as well as raw emotions and sometimes extreme possessiveness toward the children on the part of one or both parents.

The third type of missing child case involves the runaway or lost child, who could be in great danger depending on such factors as age, maturity, and intelligence. The voluntary runaway child is the most common missing child case encountered by law enforcement officers.

Abductions via the Internet

164

Susceptible preteens and teens are sometimes lured into false friendships in Internet “chat rooms” and then kidnapped from a prearranged meeting place. In other cases, the abductor may send the child money and a bus ticket to meet in another state.

A computer in a child’s room or home with an Internet connection can steer the investigation in this direction, especially if the parents or guardians reveal that the child spent a lot of time “online” and talked about new friends made via “chat rooms.” Another clue is the sudden disappearance of the child for no apparent reason (for example, there was no recent fight between the child and parents, yet the child was gone one day when the parents returned from work).

The computer may yield electronic mail (e-mail) saved on the hard drive, a disk, or a printout.

The child may have left notes in schoolbooks that can provide clues, such as the online friend’s address, phone number, or e-mail address.

Because of the threat Internet predators pose, there have been efforts to use the Internet as a resource to prevent child abduction or to help the families of those who have been abducted.

Many organizations have set up websites where users can go to gain knowledge or contribute help to stopping child abduction.

Code Adam Code Adam is a “missing child” program that was implemented in the United States and Canada. The program was initially created in 1994 by Walmart retail stores. It is named in memory of Adam Walsh, the 6-year-old son of John Walsh (the host of Fox Network’s America’s Most Wanted). In 1981, Adam was abducted from a Sears department store in Florida and was later found brutally murdered.

Walmart, along with the NCMEC and the departments of several state attorney generals, have offered to assist in training workshops for other companies to implement the program.

The Investigative Response From an investigative standpoint, the child kidnapping is one of the most emotionally charged and difficult criminal cases for law enforcement officers.

By its very nature, abduction must take priority over many types of cases. Research has indicated that strangers who commit the offense with the intention of fulfilling a sexual desire often murder their victims within three hours.

As with all violent suspects, law enforcement officers use proven methods to locate them. All of these and more also come into play during the investigation of an abduction.

Early in the investigation, agencies may want to request an off-line search from NCIC. Usually, abductions are planned, and within minutes of the act the suspect may have left the jurisdiction with the child. Often, the abductor may drive too fast, leading to a stop on a traffic violation. The custodial parent may not even know that an abduction has occurred before the suspect has fled 165

the state. An off-line search can show the location of the stop, thereby giving investigators an indication of the abductor’s possible destination.

The Initial Call for Assistance The manner in which patrol officers respond to the initial call often determines whether the child is found quickly and returned home safely, remains missing for months or years, or is never found.

In most law enforcement agencies, the patrol officer is the first responder to missing child calls.

Therefore, all patrol officers need to be trained to respond to such calls efficiently, compassionately, and professionally—paying particular attention to safeguarding evidence, quickly obtaining as much information as possible about the child and the circumstances, interviewing witnesses, and at the same time calming and reassuring the parents or guardians of the missing child. Dispatch operators, working with a standard list of predetermined questions, should gather pertinent information from the caller and relay it to the responding officers.

Responding Officer Responsibilities The patrol officer initially establishes the seriousness of the complaint about a missing child, safeguards the scene, gathers crucial facts, and conducts preliminary interviews of witnesses.

To initiate a successful missing persons investigation, the first responder must focus on quickly gathering factual information and safeguarding potential evidence. This is particularly the case with regard to missing children, whether they may be abducted, runaway, or lost.

The elderly, especially those suffering from Alzheimer’s disease or similar problems, present specific concerns as the subjects of missing persons reports. Open terrain searches for missing persons in general also require adherence to professionally recognized search management principles.

The 16 Steps of the Investigation Step 1: Interview Parents or the Person Who Made the Initial Report to the Emergency Operations Center (EOC) Step 2: Verify That the Child Is in Fact Missing Step 3: Verify the Child’s Custody Status Step 4: Identify the Circumstances of the Disappearance Step 5: Determine When, Where, and by Whom the Missing Child Was Last Seen Step 6: Interview the Individuals Who Last Had Contact with the Child Step 7: Identify the Child’s Zone of Safety for His or Her Age and Developmental Stage 166

Step 8: Make an Initial Determination of the Type of Incident Step 9: Obtain a Detailed Description of the Missing Child, Suspected Abductor(s), Vehicles, and the Like Step 10: Relay Detailed Descriptive Information to the EOC for Relay to Other Law Enforcement Agencies and Information Referral Sources Step 11: Ensure That Any Remaining Persons at the Scene Are Identified and Interviewed and Information Is Properly Recorded Step 12: Continue to Update the Emergency Dispatcher and Other Appropriate Department Personnel Step 13: Obtain and Record Permission to Search Houses or Buildings Step 14: Secure and Safeguard the Crime Scene Step 15: Obtain Photos, Videotapes, and Any Other Identifying Information on Suspects Step 16: Prepare Reports and Make All Required Notifications The Importance of the Neighborhood Canvas In 2012, the FBI reported that in 76 percent of child abduction murders, the victim was killed within 3 hours of the reported abduction, and in 89 percent of child abduction murders, the victim was killed within 24 hours. A neighborhood canvass is one such method. Research shows that the majority of successfully re- solved child abduction cases included a neighborhood canvass.

A neighborhood canvass may cover the area around the victim’s residence or last known location—the most recent place the victim was sighted after the initial abduction. If executed quickly and properly, a neighborhood canvass can provide crucial information about potential suspects.

A thorough neighborhood canvass allows investigators to search for the missing child while identifying and interviewing all individuals near the victim’s abduction site or last known location during the critical period that follows a child’s disappearance.

The Investigator’s Role Moving Forward with the Investigation Investigators can take eight basic steps to help ensure a successful outcome in a missing or abducted child case.

Step 1: Obtain a Detailed Briefing from the First Responding Officer and Other On-Scene Personnel 167

Step 2: Verify the Accuracy of All Descriptive Information Step 3: Obtain a Brief Recent History of Family Dynamics Step 4: Explore the Basis for Conflicting Information Step 5: Review and Evaluate All Available Information and Evidence Step 6: Develop an Investigative Plan for Follow-Up Step 7: Determine What Additional Resources and Specialized Services Are Required Step 8: Execute an Investigative Follow-Up Plan

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: www.ojjdp.gov This is the site of the Office of Juvenile Justice and Delinquency Prevention. Links include news, statistics, publications, programs, and tools. The tools link includes a section with useful research data for students. www.amberalert.gov The website for the Amber Alert program includes relevant fact sheets, press releases, videos, training, and toolkits for raising awareness about the problem of child abductions. www.acf.hhs.gov The microsite of the U.S. Department of Health and Human Services is the home of the Federal Parent Locator Service (FPLS), which aids in finding participants in child support cases, collection of child support payments, and enforcement of child support orders. The site includes statistics, FAQs, and a library. It contains information pertinent to the public, courts, federal and state agencies, and financial institutions.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. Answer should include: As led investigator in this case I would look at all possible suspects in the case including friends, family, or acquaintances. The capture of this suspect and safe return of the victim was due to the victim’s sister recalling the abductor 168

having visited the home in 2001. This shows where constant vigilance on the part of an investigator can lead to an arrest of the suspect.

Learning Outcomes 1: 1. What makes missing persons cases especially difficult for investigators to solve? Answer: The magnitude of the missing and abducted problem is complex, multifaceted, and disturbing.

For example, there are different types of missing children cases, including family abductions; endangered runaways; nonfamily abductions; and lost, injured, or otherwise missing children.

2. What is the primary motivation for the child abduction murder? Answer: According to NISMART, whereas the youngest girls, one to five years old, tended to be killed by friends or acquaintances (64 percent), the oldest young women, 16 to 17 years old, tended to be killed by strangers (also 64 percent). The relationship between the killer and victim is different for the male victims. The youngest male victims (one to five years old) were most likely to be killed by strangers (also 64 percent), as were teenage boys (13 to 15 years old, and 16 to 17 years old, 58 percent).

3. What characteristics are common among child abductors? Answer: First, they most often have a prior visual sighting of the victim, and the initial contact is frequently made at or near the home. Second, the motivation for the crime is often sexual in nature. The victim is usually a girl younger than 14 years old, and the suspect is usually an unemployed white male with a criminal re- cord.

4. What is the major difference between family abductions and kidnappings? Answer: The kidnapping case, in which a child is removed without authorization from his or her family by force or trickery, is the most complex and dangerous type of missing child case. The second type of case is the family abduction, which generally occurs in conjunction with divorce and separation. In this type of case, the noncustodial parent removes the child from the care of the custodial parent and may flee to another state or even another country with the child.

5. What are the elements of a stereotypical kidnapping? Answer: Stereotypical kidnappings, in which a child is abducted and either assaulted or held for ransom, is a crime that first appeared in the United States in the late nineteenth century.

6. What were some of the unique aspects of the Jaycee Dugard case? Answer: Dugard was kidnapped by Phillip Craig Garrido when she was 11 years old. It wasn’t until 2009 that Dugard was discovered in Garrido’s home in South Lake Tahoe, California—18 years after her abduction.

Learning Outcomes 2: 1. What are the differences in the three types of missing children cases? Answer: The nonfamily abduction case, in which a child is removed without authorization from his or her family by force or trickery, is the most complex and dangerous type of missing child case. The second type of case is the family abduction, which generally occurs in conjunction with divorce and separation. In this type of case, the noncustodial parent removes the child from the care of 169

the custodial parent and may flee to another state or even another country with the child. The third type of missing child case involves the runaway or lost child, who could be in great danger depending on such factors as age, maturity, and intelligence.

2. What makes family abduction cases complex and volatile? Answer: Family abductions are often very complex cases involving court orders, child protection services, and hidden agendas, as well as raw emotions and sometimes extreme possessiveness toward the children on the part of one or both parents.

3. Who is most likely to be the abductor in nonfamily abductions? Answer: In this situation, time is of the essence because the child is considered to be in great danger. Many experts believe that the first few hours after an abduction are the most dangerous for children. The offender almost always is a woman and generally does not harm the baby because she usually abducts the child in order to have a baby of her own.

4. What kind of evidence is useful in potential Internet abduction cases? Answer: A computer in a child’s room or home with an Internet connection can steer the investigation in this direction, especially if the parents or guardians reveal that the child spent a lot of time “online” and talked about new friends made via “chat rooms.”

5. What is the most common missing child case? Answer: juveniles under the age of 18 accounted for 38,505 (44.9 percent) of the records and 10,248 (11.9 percent) were juveniles between the ages of 18 and 20.

Learning Outcomes 3: 1. What federal non–law enforcement agencies are helpful to investigators in missing children cases? Answer: Early in the investigation, agencies may want to request an off-line search from NCIC. Usually, abductions are planned, and within minutes of the act the suspect may have left the jurisdiction with the child. Often, the abductor may drive too fast, leading to a stop on a traffic violation. The custodial parent may not even know that an abduction has occurred before the suspect has fled the state. An off-line search can show the location of the stop, thereby giving investigators an indication of the abductor’s possible destination.

2. Why is the initial response considered a crucial component of the investigation? Answer: In 1997, the U.S. Office of Juvenile Justice Delinquency and Prevention (OJJDP) reported that most children (74 percent) who are murdered during stranger kidnappings are killed within the first few hours of the event. Therefore, it is imperative that investigators use every tool available to them, including the awesome power of the media.

3. What specialized training should patrol officers receive to help them be more effective first responders? Answer: Therefore, all patrol officers need to be trained to respond to such calls efficiently, compassionately, and professionally—paying particular attention to safeguarding evidence, quickly obtaining as much information as possible about the child and the circumstances, interviewing witnesses, and at the same time calming and reassuring the parents or guardians of the missing child.

170

4. How can the media be used to assist investigators in kidnapping cases? Answer: Supervisors, in consultation with the public information officer or agency chief executive, may decide at this time to provide descriptive information to the news media to generate assistance from the public in locating the missing child or encouraging any witnesses to come forward.

5. How can an off-line search be used as part of an investigation? Answer: Early in the investigation, agencies may want to request an off-line search from NCIC. Usually, abductions are planned, and within minutes of the act the suspect may have left the jurisdiction with the child. Often, the abductor may drive too fast, leading to a stop on a traffic violation. An off-line search can show the location of the stop, thereby giving investigators an indication of the abductor’s possible destination.

Learning Outcomes 4: 1. What unusual circumstances surrounding a missing person case should prompt a responding officer to call for the mobilization of additional resources? Answer: Child is 13 or younger, child is believed to be out of his/her zone of safety for age, mental incapacitation of child, child is drug dependent – illegal or legal drugs, child has been missing for more than 24 hours.

2. What additional resources on the part of law enforcement officials are useful in solving missing and abducted child cases? Answer: To initiate a successful missing persons investigation, the first responder must focus on quickly gathering factual information and safeguarding potential evidence. This is particularly the case with regard to missing children, whether they may be abducted, runaway, or lost. This may also be true of some elderly persons or others who, because of physical or mental dis- ability or reduced functioning, are not fully capable of taking care of themselves.

3. Why is it important for a responding officer not to mislabel a missing child case? Answer: Further questioning of the complainant reveals that the child’s parents are divorced and engaged in a bitter custody dispute, although the court has awarded custody to the mother. The officer can make a preliminary assessment that this is a family abduction that may not warrant calling in additional personnel.

4. What does an officer do to verify that a child is missing? Answer: Here the officer needs to make certain that the child cannot be located on the premises or nearby.

5. Of the 16 steps that should be taken by a responding officer, in your opinion which 3 are most critical to ensure a thorough and proper investigation? Answer: Verify the child is missing. Identify the circumstances of the disappearance. Determine when, where, and by whom, the child was last seen.

6. What specific steps can law enforcement agencies take to publicize the case as well as receive tips from the public and obtain assistance with a widespread search? Answer: Supervisors, in consultation with the public information officer or agency chief executive, may decide at this time to provide descriptive information to the news media to generate assistance from the public in locating the missing child or encouraging any witnesses to come forward.

171

Learning Outcomes 5: 1. What are the basic steps investigative officers can take to help ensure a successful outcome in a missing child case? Answer: The investigator should debrief the first responding officer before conducting any interviews with family members of the missing child or witnesses who may have been identified in the early stages of the case.

2. What are the most critical components of the investigator’s follow-up plan in abduction and missing child cases? Answer: The verification process should include all other details developed during the preliminary investigation. At this point, the investigator should begin interviewing the missing child’s family members and possible witnesses to determine the facts and sort out any conflicting information obtained by the first responder and other officers on the scene.

3. What role does the juvenile officer play in the investigation of abducted or missing children? Answer: The juvenile officer could also contact teachers where the missing child attends school and might even interview parents of the child’s playmates.

4. Why were the development of the Child Protection Act and the Amber Alert considered important milestones? Answer: In April 2003, President George W. Bush signed into law the so-called Child Protection Bill, which encourages states to establish Amber Alert systems to quickly post information about child abductions. The measure was hailed as an important milestone in the protection of America’s children because when a child is reported missing, the case becomes a matter of the most intense and focused effort by law enforcement.

5. How does the Amber Alert system establish cooperation between the community and police in the investigative process? Answer: One of the primary purposes of the new law is to encourage states to develop Amber Alert systems of their own. Attorney General John Ashcroft stated that the bills aim to create a “seamless” system across the country.

6. What elements of the Amber Alert help law enforcement officials in their investigation of abducted children? Answer: The Amber Alert system makes use of radio, television, roadside electronic billboards, and emergency broadcast systems to disseminate information about kidnapping suspects and victims soon after the abduction of a child younger than age 18 years is reported. In such cases, authorities say, the child could be killed or seriously injured a short time after being kidnapped.

172

Chapter 13 Crimes Against Children: Child Abuse and Child Fatalities CHAPTER OVERVIEW The abuse of children and child fatalities is the subject of this chapter. The author initially “profiles” the reasons for abuse of children. He then talks about the nature if child fatalities. There is acute maltreatment and chronic maltreatment. The author talks of shaken baby syndrome.

The chapter then focuses on the history of parens patriae laws in America. This leads to a discussion of child protective service agencies and their role in assisting in the investigation of child abuse and fatalities.

Emergency room personnel and medical examiners become very important people in the investigation of child abuse and fatalities. They serve as frontline people who can explain what injuries the child has sustained. They can help determine if physical abuse is happening or sadly if it is a death whether it is some sort of shaken baby syndrome. The investigation would begin with the caretakers and a full crime scene investigation would be necessary in this type of case.

Munchausen by Proxy is also something the author reviews as a criminal matter toward child abuse or death. The non-criminal Sudden Infant Death Syndrome (SIDS) is also reviewed by the author, which can clear a person on charges of wrongdoing.

Sexual abuse of children is another piece of this chapter. There is the importance of the forensic interview and interviewers who can handle this type of case. These are by no means easy interviews and following procedure will help the prosecution handle the case.

Lastly this chapter covers child exploitation and the laws surrounding it. The chapter talks about the history of this crime as well as child prostitution.

CHAPTER OBJECTIVES • • • • • • •

Summarize the scope of the problem of child abuse Explain the role of Child Protective Services (CPS) and the police in crimes against children Describe the problem of child physical abuse Describe the problem of battered child syndrome, shaken baby syndrome, Munchausen’s syndrome by proxy, and sudden infant death syndrome Summarize the scope and prevalence of child sexual abuse Explain the significance of the forensic interview Summarize the various problems associated with child exploitation 173

LECTURE OUTLINE The Abuse of Children The numbers of child abuse cases, of course, reflect only those cases that come to the attention of the police. In fact, every year in the United States, tens of thousands of children die from a variety of causes, including illness, diseases, accidents, suicides, and homicides. Each death is a heartbreaking event for the child’s family and a tragic loss for society.

Why Does Child Abuse Occur?

There is no single known cause of child abuse nor is there any single description that captures all families in which children are victims of abuse and neglect. Child abuse occurs across socioeconomic, religious, cultural, racial, and ethnic groups.

According to the U.S. Department of Health and Human Services, child abuse is most likely to occur when parents are struggling with: • • • • •

• •

Stress—Pressures from money problems, everyday frustrations, illness, or heavy responsibilities can result in severe levels of stress.

A painful childhood—Adults who were mistreated as children may, without meaning to, continue the pattern of abuse with their own children.

Alcohol or other drugs—Substance use and abuse can blind a parent to a child’s needs or may reduce inhibitions and tolerance levels so that parents may be more likely to lash out.

Isolation—Without friends or relatives nearby, parents can feel overwhelmed by the demands of raising a child.

Inexperience with children or unrealistic expectations—If parents don’t know what to expect from children, they may expect too much. Besides lacking the parenting skills necessary to raise a child, some parents may have no models of successful family relationships from which to learn.

Immaturity—Very young, insecure parents often can’t understand their child’s behavior and needs.

Unmet emotional needs—Parents may expect children to take care of them and to satisfy their need for love, protection, and self-esteem.

Child Fatalities: The Nature of the Problem When a child’s death is sudden and unexpected, the tragedy is compounded if law enforcement is unable to conduct a proper investigation. If the investigation is flawed, two outcomes— neither acceptable—are very real possibilities.

First is that an innocent person will be suspected or accused of either a crime that did not occur or a crime for which the person has no responsibility. Second, a real crime will remain undetected or un- solved and the person responsible for the fatal maltreatment of the child will never be identified or brought to justice.

174

Research and experience have shown that children are most at risk of dying of maltreatment during the first four years of life. In fact, 40 percent of children who are victims of fatal maltreatment are infants (younger than one year old), and 75 percent are younger than five years old. The Centers for Disease Control and Prevention (CDC) report that the chances of being murdered are greater on the day of birth than at any other point in a person’s life.

Acute Maltreatment Acute maltreatment means that the child’s death is directly related to injuries suffered as a result of a specific incident of abuse or act of negligence. In such cases, the child has not been previously abused or neglected.

Offenders of cases of shaken baby syndrome (SBS), in which a child’s brain is injured from violent shaking, often cite the child’s crying as the “triggering event.”

Chronic Maltreatment In chronic maltreatment cases, the child’s death is directly related to injuries caused by neglect occurring over an extended period of time.

Child Abuse and the Law: The Doctrine of Parens Patriae The basis for intervention in child maltreatment is grounded in the concept of parens patriae, a legal term that asserts the government’s role in protecting the interests of children and intervening when parents fail to provide proper care.

Several U.S. Supreme Court cases have defined when it is constitutional for the state to intervene in family life. Although the Court has given parents great latitude in the upbringing and education of their children, it has held that the rights of parenthood and the family have limits and can be regulated in the interest of the public.

The Court has further concluded that the state, in its role as parens patriae, may restrict the parent’s control by regulating or prohibiting the child’s labor, requiring school attendance, and intervening in other ways to promote the child’s wellbeing.

The Role of Child Protective Services and the Police Typically, CPS has legal authority to be involved in the investigation of a child’s death if a parent or other member of the household is suspected. It should be noted, however, that the CPS role is very different from the law enforcement role.

The role of CPS is to determine whether maltreatment was involved in the child’s death, identify the responsible party, and then take appropriate action to protect any surviving siblings.

CPS personnel are not trained in the techniques of criminal investigation, evidence collection, or the interrogation of suspected offenders. It is therefore important that law enforcement and CPS communicate and coordinate their efforts during the course of the investigation.

175

The role of the criminal investigator is to determine whether a crime has been committed and who is responsible. Accomplishing this involves analyzing old and new injuries revealed by an autopsy and by a review of the child’s medical history, thoroughly investigating the death scene, collecting and examining evidence, interviewing witnesses, and interrogating suspects.

Evidence from the Autopsy The criminal investigator should observe the autopsy if at all possible. The information learned from the autopsy will better prepare the investigator for subsequent interviews and interrogations.

The pathologist can provide information about the child’s injuries, including those related to the death and those previously inflicted, and about the child’s general state of health before death.

The pathologist may also be able to estimate the time of death based on the child’s stomach contents and investigative notes about the child’s last meal.

The Child Fatality Review Board Child fatality review boards have become commonplace in the United States. These are typically governed by each county’s Department of Health, and the purpose of such boards is to re- duce the incidence of preventable child deaths.

The board, made up of representatives from local child-serving agencies, public health officials, medical practitioners, the medical examiner, prosecutors, and law enforcement personnel, began with two main goals: 1. To review all child deaths and near deaths due to child abuse and neglect, to assess each involved-agency’s system performance, to make recommendations for the improvement of intra- and interagency performance, and to reduce the number of preventable deaths in the county; and 2. To present to the community a statement of the commit- tee’s analysis and findings.

Child Physical Abuse Child abuse is a generic term that incorporates a variety of purposeful acts resulting in injuries to a child. Probably the most dramatic of these and the most often reported to the police is physical child abuse that results in death or serious injury.

Physical neglect of a child’s needs for nourishment or medical care, reckless disregard for his or her safety, and failure to provide food or medical care are all elements of the child abuse and neglect problem.

Emergency Room Personnel and Medical Examiners In the worst-case scenario—the death of a child—a medical examiner may be the primary source of contact for investigative purposes.

176

The investigative officer should be present at the autopsy or at the initial examination of the body and should brief the examining physician on the circumstances of the alleged accident if information is available.

This also holds true for emergency room physicians who treat a child after a presumed serious but nonfatal accident. In both cases, physical examinations may reveal certain types of injuries that confirm or suggest abuse.

External signs. Some injuries have identifiable patterns that can be linked to specific objects used in an attack.

Internal signs. As noted, some injuries are not characteristic of childhood activities and common accidents.

Battered Child Syndrome Battered child syndrome, defined as the collection of injuries sustained by a child as a result of repeated mistreatment or beating, is a tragic and disturbing phenomenon. In such cases, investigators must have a working knowledge of battered child syndrome and what it means to an investigation.

A full investigation requires interviewing possible witnesses about other injuries that the child may have suffered, obtaining the caretaker’s explanation for those injuries, and assessing the conclusions of medical personnel who may have seen the victim before.

Steps for Investigating Battered Child Syndrome When battered child syndrome is suspected, the investigator should always do the following: • • • • • •

Collect information about the “acute” injury that led the person or agency to make the report.

Conduct interviews with medical personnel who are attending the child.

Review medical records from a doctor, clinic, or hospital.

Interview all persons who had access to or custody of the child during a time in which the injury or injuries allegedly occurred.

Consider any statements the caretakers made to anyone concerning what happened to the child to require medical attention.

Conduct a thorough investigation of the scene where the child was allegedly hurt.

Interviews with Medical Personnel It is important for the investigator to contact all medical personnel who had contact with the family, such as doctors, nurses, admitting personnel, emergency medical technicians (EMTs), ambulance drivers, and emergency room personnel.

•

Talk with those who provided treatment for the child about the diagnosis and 177

• • • •

what treatments were used.

Speak with any specialists who assisted the attending physician.

Have someone knowledgeable about medical terms trans- late them into layperson terms so that the exact nature of the injuries is clear.

Obtain available medical records concerning the injured child’s treatment, including records of any prior treatment.

Interview the child’s pediatrician about the child’s general health since birth, and look for a pattern of suspected abusive injuries.

Consult with Experts Identifying experts is important to the child abuse investigator. If the investigator does not have a basic knowledge of the causes of young children’s injuries, experts should be consulted.

Interviews with Caretakers A major trait of abuse by caretakers is either complete lack of an explanation for critical injuries or explanations that do not account for the severity of the injuries.

In child homicide cases, for example, investigators will learn quickly about “killer couches,” “killer stairs,” and “killer cribs.” Abusers freely use these terms in their explanations of the child’s death.

In nearly every case of actual abuse, caretakers will not be consistent in their explanations of the injuries over time.

The Crime-Scene Investigation The ideal time to obtain crime-scene evidence is immediately after the child’s injury is reported and before the caretakers have an opportunity to tamper with the scene.

The strongest evidence of the need for a search warrant is the medical evidence supporting what probably happened to the child and the caretakers’ inconsistent or absent accounts of the events.

Whatever explanation caretakers offer for a child’s injury or injuries, it is vital that the investigator secure physical evidence. He or she must be thorough in obtaining photographic evidence of the location where the injury took place because physical evidence and records must be preserved, for example: • • • • •

The crib from which the child allegedly fell The child’s “environment,” including bedding on the bed or in the crib and on other beds in the home Any toys or objects on which the child allegedly landed In cases in which the child was apparently burned, a record of any sinks, bathtubs, and pots or pans containing water A complete photographic or videotape of the home or other location in which the injuries allegedly occurred 178

Shaken Baby Syndrome Shaken baby syndrome (SBS) is a form of child abuse that occurs when an abuser violently shakes an infant or small child, creating a whiplash-type motion that causes acceleration– deceleration injuries. Injuries from impacts with hard objects may accompany SBS; this combination of shaking with striking against a hard object is sometimes termed shaken impact syndrome or shaken/slam syndrome.

According to all credible studies in the past several years, retinal hemorrhaging in infants is, for all practical purposes, conclusive evidence of SBS in the absence of a good explanation. Good explanations for retinal hemorrhaging include the following: • •

A severe auto accident in which the baby’s head either struck something with severe force or was thrown about wildly without restraint A fall from several stories onto a hard surface, in which case there are usually other signs of trauma, such as skull fractures, swelling, and intracranial collection of blood

The shaking necessary to cause death or severe intracranial injuries is never an unintentional or nonabusive action. Rather, such injuries are caused by a violent, sustained action in which the infant’s head, which lacks muscular control, is violently swept forward and backward, hitting the chest and shoulders.

Munchausen Syndrome by Proxy Cases of Munchausen syndrome by proxy, parents or caretakers with Munchausen syndrome at- tempt to bring medical attention to themselves by inducing illness in their children.

The following scenarios are common occurrences in these cases: • • • •

A child’s caretaker repeatedly brings the child in for medical care or calls paramedics for alleged problems that can- not be documented medically.

The child experiences “seizures” or “respiratory arrest” only when the caretaker is there, never in the presence of neutral third parties or in the hospital When the child is hospitalized, the caretaker turns off the life-support equipment, causing the child to stop breathing, and then turns everything back on and summons help.

The caretaker induces illness by introducing a mild irritant or poison into the child’s body.

Sudden Infant Death Syndrome Sudden infant death syndrome (SIDS) is the diagnosis given for the sudden death of an infant one month to one year of age that remains unexplained after a complete investigation, which includes an autopsy, an examination of the death scene, and a review of the victim’s medical and family history.

Research shows that SIDS can occur at any time between one month of age and one year of age; 179

however, 91 percent of SIDS deaths occur before the age of six months, with the highest concentration occurring between two months and four months of age.

Sexual Abuse of Children The abuse of children can take many forms. In addition to the possible physical danger posed by an abusive caregiver or parent, a child can also be traumatized by being sexually abused.

Statistics also point out that child sexual abuse is a growing problem.

Although these results are alarming, it is probable that they still underestimate the true incidence of child sexual abuse. It is difficult to get people to respond to questions about child sexual abuse, and many victims either are too young to understand their abuse or have repressed their memory of such incidents.

As with the previous categories of sexual criminal activity, much misunderstanding exists regarding the sexual abuse of children.

This category of offense includes the following: • • •

Exploitation. The use of children for illegal activities such as prostitution and pornography.

Incest. Sexual relations between children and their parents.

Child sexual abuse. The sexual molestation of children, as well as seduction and statutory rape.

The Forensic Interview

For the most part, the child abuse investigation begins with information provided by the child victim. Obtaining this information is a vitally delicate task that normally requires a forensic interview of the child to determine whether he or she has been abused.

In the case of a criminal investigation, the forensic interview can be conducted by a law enforcement officer or a member of child welfare or CPS, provided he or she is properly trained to do so.

Properly conducted forensic interviews are legally sound in part be- cause they ensure the interviewer’s objectivity; use nonleading, nonsuggestive techniques; and emphasize careful documentation of the interview.

Why Are Forensic Interviews Needed?

The reason forensic interviews are needed is because most perpetrators deny the abuse and most acts of maltreatment are not witnessed; the victim’s statement is critical evidence in child abuse cases.

Sometimes these interviews are conducted only by child welfare workers or law enforcement investigators in the field; sometimes another secondary forensic interview is conducted by a therapist or other specially trained professional in a controlled, child-friendly environment.

180

The Initial Interview In most jurisdictions, state child welfare investigators conduct the initial forensic interview because state laws often require that after a report is received that a child has been physically, emotionally, or sexually abused, there must be immediate face-to-face contact with the child.

The location of the interview is an important consideration when establishing the proper atmosphere for the child interview. Not only should the interview room be specifically designed—comfortable, quiet, and free from distractions—but there should also be only one interviewer responsible for inter- viewing the child.

The interview room needs to be equipped with non-intrusive video and audio equipment, and all interviews must be recorded.

One of the objectives of forensic interviewing is to reduce the number of times children are interviewed. The concern is contamination of the child’s memory of the incident(s) being investigated.

The Secondary Forensic Interview These are usually conducted by specially trained psychologists or professionals with graduatelevel education in the areas relevant to this type of interviewing. Furthermore, these interviews usually take place at centers that facilitate the interview process—therapists and doctors sometimes have such facilities, as do most providers of child medical evaluations.

Techniques of Forensic Interviewing There are many ways to conduct the forensic interview, and there is no single model or method endorsed unanimously by experts in the field Despite the different styles of interviews, there are some basic elements common to most forensic interviews. These include phases such as introduction, rapport building, developmental assessment (including learning the child’s names for different body parts), guidelines for the interview, competency assessment (during which, among other things, it is determined if the child knows the difference between lying and telling the truth), narrative description of the event or events under investigation, follow-up questions, clarification, and closure.

Investigating the Molester When an investigator understands the molester’s desires and intentions, he or she can more adequately seek out the proper evidence for prosecution. Investigations have shown that child molesters frequently collect pornography and child erotica. Pornography fuels the desires that child molesters harbor for sexual contact with children.

Premeditation and Intent Premeditation may be demonstrated through comparing different situations in which the same suspect was involved and establishing a mode of operation. This will help establish the 181

molesters’ intents and might also help establish probable cause to stop, detain, identify, and possibly arrest offenders.

Child Exploitation Legal Implications The National Center for Missing and Exploited Children acknowledges the definition of child exploitation as defined under federal law. For example, Federal law (18 U.S.C. §2256[8]) defines child pornography as any visual depiction, including any photograph, film, video, picture, or computer/computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where the: • • •

Production of the visual depiction involves the use of a mi- nor engaging in sexually explicit conduct, The visual depiction is a digital image or computer/ computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct, or The visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Federal law (18 U.S.C. §1466A[a]) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, depicting: • •

A minor engaging in sexually explicit conduct that is obscene, or An image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse or sexual intercourse, including genital-genital, oral-genital, analgenital, or oral-anal, whether between people of the same or opposite sex, that lacks serious literary, artistic, political, or scientific value.

Recent History Unfortunately, the child pornography market exploded in the advent of the Internet and advanced digital technology. The Internet provides ground for individuals to create, access, and share child sexual abuse images worldwide at the click of a button. In present day, child pornography images are readily available through virtually every Internet technology, including websites, email, instant messaging/Internet chat query (ICQ), Internet relay chat (IRC), newsgroups, bulletin boards, peer-to- peer networks, and social networking sites.

In addition, online communities have promoted communication between child pornography offenders, both normalizing their interest in children and desensitizing them to the physical and psychological damages inflicted on child victims.

Victims of Child Pornography It is important to distinguish child pornography from the more conventional understanding of the term pornography. Child pornography is a form of child sexual exploitation, and each image 182

graphically memorializes the sexual abuse of that child.

The grooming process fosters a false sense of trust and authority over a child in order to desensitize or break down a child’s resistance to sexual abuse.

Furthermore, victims of child pornography suffer not just from the sexual abuse inflicted upon them in producing child pornography, but also from knowing that their images can be traded and viewed by others worldwide. Many victims of child pornography suffer from feelings of helplessness, fear, humiliation, and lack of control given that their images are available for others to view in perpetuity.

Child Prostitution Federal law prohibits the prostitution of children, both with respect to individuals who offer children for sex in exchange for money or other considerations, and with respect to individuals who would pay to have sex with a child.

Children involved in this form of commercial sexual exploitation are victims. Under federal law, children cannot consent to being prostituted.

Numerous different phrases are used to describe the prostitution of children, including sex trafficking, a severe form of human trafficking, or the commercial sexual exploitation of children.

Many recovered American victims are runaways or “throwaway youth” who often suffer from a history of physical abuse, sexual abuse, and family abandonment issues. Pimps see this population as an easy target because the children are generally vulnerable, without dependable guardians, and suffer from low self-esteem. Child victims of prostitution come from all backgrounds in terms of class, race, and geography (i.e., urban, suburban, and rural settings).

Child Exploitation Offenders Children from developing countries are seen as easy targets by American perpetrators because they are often disadvantaged by unstable or unfavorable economic, social, or political conditions, or their home country lacks effective law enforcement against this crime. However, incidents of the extraterritorial sexual exploitation of children involving American perpetrators are reported and occur all over the world, including less developed areas in Southeast Asia and Central and South America, to more developed areas in Europe.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: www.cdc.gov This is the site of the Centers for Disease Control and Prevention (CDC). The site contains extensive information and resources on child abuse/maltreatment. Visitors can also search for 183

specific topics on the site. Searches for sudden infant death syndrome, battered child syndrome, Munchausen syndrome by proxy, and shaken baby syndrome result in a host of links and articles.

There are links for researchers, media, businesses, students and educators, and individuals interested in a variety of topics related to the health and safety of children.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. The answer should include: As a lead investigator of a sex abuse case involving a religious person the steps to be taken would be as any type of sexual abuse case of a minor. The only difference in the investigation would be trying to see if there was a history of allowing the abuse by the perpetrator or allowing others within the organization to commit these same crimes. The investigation might take longer than most due to investigating the entire religious organization.

Learning Outcomes 1: 1. How does the case example at the beginning of this chapter illustrate the complex nature of child abuse cases? Answer: he numbers of child abuse cases, of course, reflect only those cases that come to the attention of the police. Statistics show that many more cases exist. In fact, every year in the United States, tens of thou- sands of children die from a variety of causes, including illness, diseases, accidents, suicides, and homicides.

2. In terms of child abuse cases, what are the likely results of a flawed investigation?

Answer: If the investigation is flawed, two outcomes— neither acceptable—are very real possibilities. First is that an innocent person will be suspected or accused of either a crime that did not occur or a crime for which the person has no responsibility. Second, a real crime will remain undetected or un- solved and the person responsible for the fatal maltreatment of the child will never be identified or brought to justice.

3. What elements make child abuse cases complex and potentially problematic for law enforcement? Answer: Professionally conducted investigations of child fatalities ensure that innocent people are not falsely accused of wrongdoing and guilty people are not allowed to escape arrest and prosecution and possibly go on to harm another child.

4. How are child fatality cases categorized? Answer: Acute Maltreatment. Chronic Maltreatment.

5. What are the differences between the two ways child fatality cases are categorized?

Answer: Acute maltreatment means that the child’s death is directly related to injuries suffered as a result of a specific incident of abuse or act of negligence. In chronic maltreatment cases, the child’s death is directly related to injuries caused by neglect occurring over an extended period of time.

184

6. Why is it important to have experienced, emotionally stable caretakers for children during their preschool years? Answer: Some inexperienced caretakers have unrealistic expectations about what is appropriate child behavior and what children are even capable of doing in the early stages of their development. In these cases, caretakers can become angry because they view a child’s crying or bedwetting as an act of defiance rather than being normal behavior for a young child.

Learning Outcomes 2: 1. What role does CPS play in the investigation of child fatality cases? Answer: The role of CPS is to determine whether maltreatment was involved in the child’s death, identify the responsible party, and then take appropriate action to protect any surviving siblings.

2. Why is it necessary for law enforcement agencies to take the lead when investigating cases jointly with CPS? Answer: CPS personnel are not trained in the techniques of criminal investigation, evidence collection, or the interrogation of suspected offenders. It is therefore important that law enforcement and CPS communicate and coordinate their efforts during the course of the investigation.

3. What kind of evidence is collected in cases involving child fatalities and abuse? Answer: Accomplishing this involves analyzing old and new injuries revealed by an autopsy and by a review of the child’s medical history, thoroughly investigating the death scene, collecting and examining evidence, interviewing witnesses, and interrogating suspects.

4. What important information can be obtained from an autopsy? Answer: In cases involving a child fatality, the autopsy will determine the official cause of death (for example, blunt force trauma, drowning) and manner of death (for example, natural, accidental, homicide, suicide, undetermined).

5. How can CPS investigators hinder law enforcement work in child fatality cases? Answer: If the CPS investigator prematurely confronts a parent suspected of fatal child abuse, the police investigator will find it more difficult, if not impossible, to successfully interrogate that same individual at a later time.

Learning Outcomes 3: 1. What are the elements of child abuse and neglect? Answer: Child abuse is a generic term that incorporates a variety of purposeful acts resulting in injuries to a child. Physical neglect of a child’s needs for nourishment or medical care, reckless disregard for his or her safety, and failure to provide food or medical care are all elements of the child abuse and neglect problem.

2. What are the psychological and emotional impacts of child abuse? Answer: Many children blame themselves for the abuse, adopting the feeling that they are bad and deserve the abusive treatment. Others may adopt the long-lasting perception that violence is a natural, even acceptable, component of family life and interpersonal relationships.

3. What is meant by the phrase “child abuse is an intergenerational phenomenon”? Answer: 185

The fact that so many violent offenders have histories of child abuse and neglect is testimony to the fact that child abuse is of- ten an intergenerational phenomenon.

4. When conducting physical examinations on suspected victims of physical child abuse, what types of injuries can confirm or suggest abuse to the medical examiner? Answer: External signs. Some injuries have identifiable patterns that can be linked to specific objects used in an attack. Internal signs. As noted, some injuries are not characteristic of childhood activities and common accidents.

5. What kinds of evidence should be collected during physical child abuse investigations?

Answer: One may be able to identify bite or scratch marks; coat hanger or hot iron impressions; fingertip marks caused by tight gripping; straight, curved, curvilinear, or jagged lesions that may indicate whipping by specifically shaped objects; and scald or peculiar burn marks.

Learning Outcomes 4: 1. Under what circumstances are officers justified in making an arrest in suspected cases of battered child syndrome? Answer: Injury to child is severe. Evidence of a serious crime exists.

It seems likely the suspect will flee. There is a disturbance of the peace. The suspects seems to pose a danger to others.

2. What investigative steps should an investigator take when faced with a suspected case of battered child syndrome? Answer: An investigator must do more than collect information about the currently reported injury. A full investigation requires interviewing possible witnesses about other injuries that the child may have suffered, obtaining the caretaker’s explanation for those injuries, and assessing the conclusions of medical personnel who may have seen the victim before.

3. What physical evidence is necessary and useful when investigating a potential case of battered child syndrome? Answer: Investigators must have a working knowledge of battered child syndrome and what it means to an investigation. If the child’s injuries indicate intentional trauma or appear to be more severe than could reasonably be expected from an accident, battered child syndrome should be suspected.

4. What injuries result from SBS? Answer: Injuries from impacts with hard objects may accompany SBS; this combination of shaking with striking against a hard object is sometimes termed shaken impact syndrome or shaken/slam syndrome.

5. What makes investigating cases of Munchausen syndrome by proxy problematic and complex? Answer: In cases of Munchausen syndrome by proxy, parents or caretakers with Munchausen syndrome attempt to bring medical attention to themselves by inducing illness in their children. The parent then may try to resuscitate or have paramedics or hospital personnel save the child.

6. Why are infants and newborns more susceptible to SBS than toddlers and older children? Answer: Shaken baby syndrome (SBS) is a form of child abuse that occurs when an abuser violently shakes an infant or small child, creating a whiplash-type motion that causes 186

acceleration–deceleration injuries.

7. What characteristics make SIDS different from all the other syndromes discussed in the chapter? Answer: Sudden infant death syndrome (SIDS) is the diagnosis given for the sudden death of an infant one month to one year of age that remains unexplained after a complete investigation, which includes an autopsy, an examination of the death scene, and a review of the victim’s medical and family history.

8. Why is it necessary to interview a child’s pediatrician as well as obtain all available medical records when investigating various syndromes related to child physical abuse?

Answer: SIDS is not a positive finding; rather, it is a diagnosis made when there is no other medical explanation for the abrupt death of an apparently healthy infant. When a baby dies from shaking, intracranial injuries, peritonitis (inflammation of the peritoneum, the membrane that lines the abdominal cavity), apparent suffocation, or any other identifiable cause, SIDS is not even considered a possibility.

Learning Outcomes 5: 1. Why is it difficult for authorities to understand the actual prevalence of child sexual abuse? Answer: Statistics also point out that child sexual abuse is a growing problem. Although it is difficult to estimate the incidence of child sexual abuse, stories of abuse such as those discussed previously illustrate the seriousness of the problem. In one study by Diana Russell, women in the San Francisco area were surveyed, and Russell found that 38 percent had experienced intra-familial or extra familial sexual abuse by the time they reached age 18 years.

2. What are the three categories of child sexual abuse? Answer: Exploitation. Incest. Child Sexual Abuse.

3. Why was the adoption of the Child Protection Act a significant development for children, children’s advocates, and law enforcement? Answer: The act provides for increased penalties for adults involved in child pornography and points out that it is injurious to the physical and emotional well being of the child.

Learning Outcomes 6: 1. Why is the forensic interview especially important in child abuse cases? Answer: Obtaining this information is a vitally delicate task that normally requires a forensic interview of the child to determine whether he or she has been abused. In the case of a criminal investigation, the forensic interview can be conducted by a law enforcement officer or a member of child welfare or CPS, provided he or she is properly trained to do so.

2. What are key tips in ensuring facts gathered in the forensic interview can withstand judicial scrutiny? Answer: The forensic interview is designed to overcome these obstacles. The goal of the forensic interview is to obtain a statement from a child in an objective, developmentally sensitive, and legally defensible manner.

3. Why are all forensic interviews with children recorded? Answer: The interview room 187

needs to be equipped with non- intrusive video and audio equipment, and all interviews must be recorded. Such recordings document the interviewer’s technique and capture the child’s demeanor and statements.

4. What factors influence the general direction and outcome of forensic interviews? Answer: These include the specific circumstances being investigated (for example, the child may need to be referred for a medical examination, which is often accompanied by a secondary forensic interview); the investigating officer’s proximity to and ability to access forensic interviewing resources, such as a local Child Advocacy Center (CAC); the protocols and procedures adopted by each agency; and the interviewer’s skill and comfort level.

5. Who typically conducts secondary forensic interviews? Why? Answer: These are usually conducted by specially trained psychologists or professionals with graduate-level education in the areas relevant to this type of interviewing.

6. What are the basic elements of forensic interviews? Answer: Sometimes these interviews are conducted only by child welfare workers or law enforcement investigators in the field; sometimes another secondary forensic interview is conducted by a therapist or other specially trained professional in a controlled, child-friendly environment.

7. What are examples of physical evidence in child molestation cases? Answer: Camera or video equipment used for taking photographic images of the victim engaged in sexual acts with the offender. Notebooks, diaries, papers, or anything else linking the offender to the victim.

Negatives or undeveloped film that depict the victim (or other juveniles). Magazines, books, or movies depicting juveniles in sexual situations. Newspapers, magazine clippings, or other publications listing phone numbers with other sexual interests that might tend to identify juveniles involved with the suspect. Evidence of occupancy, such as bills, letters, rent receipts, or other mail or correspondence showing that the suspect resides at a particular location or is in control of a particular location. Any items of physical evidence belonging to the victim or used by the subject in sexual acts.

Learning Outcomes 7: 1. Explain the problem of child pornography and why it is a growing concern. Answer: Unfortunately, the child pornography market exploded in the advent of the Internet and advanced digital technology. The Internet provides ground for individuals to create, access, and share child sexual abuse images worldwide at the click of a button. In present day, child pornography images are readily available through virtually every Internet technology, including websites, email, instant messaging/Internet chat query (ICQ), Internet relay chat (IRC), newsgroups, bulletin boards, peer-to-peer networks, and social networking sites.

2. Describe how child prostitution rings operate. Answer: Child pornography offenders can connect on Internet networks and forums to share their interests, desires, and experiences in abusing children in addition to selling, sharing, and trading images. In addition, online communities have promoted communication between child pornography offenders, both normalizing their interest in children and desensitizing them to the physical and psychological damages inflicted on child victims. Online communities may also attract or promote new 188

individuals to get involved in the sexual exploitation of children.

3. Identify the characteristics of a child exploitation offender. Answer: While some offenders are pedophiles who preferentially seek out children for sexual relationships, others are situational abusers. These individuals do not consistently seek out children as sexual partners, but do occasionally engage in sexual acts with children when the opportunity presents itself. Children from developing countries are seen as easy targets by American perpetrators because they are often disadvantaged by unstable or unfavorable economic, social, or political conditions, or their home country lacks effective law enforcement against this crime.

189

Chapter 14 Theft-Related Offenses CHAPTER OVERVIEW Burglary and theft related offenses are covered in this chapter. Burglary is a property crime and it’s dollar value reaches almost 5 billion annually. The chapter reviews responding to burglaries in a safe many as well as how to look for the indications of a burglary.

The author talks about how hard it is to recover the property from burglaries due to the quick nature the stolen goods are sold. Also with many of the goods being fungible it is hard to track what belongs to whom.

Larceny-theft is also part of the discussion in this chapter as is fraud-forgery. These crimes are non-violent by nature but case great harm. Check fraud and embezzlement cause serious problems for future identity theft.

The chapter then focuses on computer crime and investigating it. A lot of information is stored on computers that can be used in prosecution. Cyber bullying has become a problem in the U.S. and the investigator has to use warrants much of the time with these types of crimes.

Lastly motor vehicle theft is covered in this chapter. The discussion of chop shops and sending parts overseas makes this a hard crime to investigate. Also the author points out that scrap yards are certain points of investigation to finding stolen car parts.

CHAPTER OBJECTIVES • • • • • • • •

Summarize the prevalence of burglary Explain the steps in the preliminary investigation of burglaries Describe the investigative process in tracing stolen property Identify the problem of larceny-theft Identify the crime of shoplifting Explain the problem of identity theft Describe the problem of computer crime and how it is investigated Explain the investigation of motor vehicle theft

LECTURE OUTLINE Burglary The crime of burglary is generally considered a covert crime in which the criminal works during the nighttime, outside the presence of witnesses. Burglary for the most part is a property crime.

190

The crime differs from robbery because burglars are more concerned with financial gain and less prepared for a violent altercation with the victim.

Their goal is to steal as much valuable property as possible and sell what they steal (usually to a fence, a person who has connections to dispose of the property before police can discover it).

In the Uniform Crime Reports (UCR) program of the Federal Bureau of Investigation (FBI) uses three classifications of burglary: forcible entry, unlawful entry where no force was used, and attempted forcible entry.

The Frequency of Burglary In 2014, there were an estimated 1,729,806 burglaries in the United States. This represents a decrease of 10.5 percent when compared with the previous year. The number of burglaries decreased 20.2 percent when compared with 2010 and was down 19.7 percent when compared with the 2005 estimate.

By subcategory, 58.3 percent of burglaries involved forcible entry, 35.2 percent were unlawful entries, and 6.5 percent were attempted forcible entry. In 2014, victims of burglary offenses suffered an estimated $3.9 billion in property losses.

In 2013, 60.5 percent of all burglaries were forcible entries, 33.2 percent were unlawful entries, and 6.3% were attempted forcible entries.

The clearance rate for burglary is generally low. In 2013, the clearance rate for burglary was only 12.4 percent. Typically, burglars do not know their victims, and in cases where they do, they conceal their identities or commit their crimes when the victim is not present.

The Preliminary Investigation Officers approaching the burglary location should do so quietly without warning emergency lights or siren. En route, officers should also be on the lookout for persons fleeing the scene.

After arriving, great care should be taken not to slam car doors, to turn down police radios, and to avoid the jangling of keys while approaching the residence.

Indications of a Burglary At the scene, certain reliable indicators that a burglary has been (or is being) committed can be observed, for example, open doors or windows or pry marks on doors and windows. Sometimes a burglar who makes his or her entrance through a window will remove the glass. This makes it difficult for the officer to detect a break-in with only a superficial glance.

So when checking glass, the officer should look for a reflection with the use of a flashlight.

Sometimes burglaries can be detected by spotting debris on the floor from shelves or counters.

Also, debris can be found around desks and cabinets.

191

Tracing Stolen Property After a successful burglary has occurred, the thief will probably seek to get rid of the stolen property as soon as possible. To this end, a fence is used. The fence is a person who buys and sells stolen property with criminal intent.

The Fence Fencing operations can range from professional to highly unorganized. For example, a nonprofessional fence might simply take a trunk full of stolen property in his or her vehicle to a location such as a factory parking lot, where workers on break can come for “good deals.” A professional fence may operate from an otherwise legitimate business such as a pawn shop or used furniture store.

Proving the Receipt of Stolen Property Establishing proof of a fencing operation is a grueling and time- consuming task. However, a fence is most vulnerable during the possession and storage of stolen property. Although many arrests result from lengthy investigations, many also are made when suspected stolen property is identified.

Poorly kept records also make it difficult to trace property even when identification numbers are present. Another category of untraceable goods is fungible goods, items such as tools, liquor, and clothing that are indistinguishable from others like them. In the absence of some type of identifying numbers, such items are virtually untraceable.

One method of showing possession of stolen property is to locate the property on the premises of the suspect. This finding, however, may not be sufficient to prove “criminal intent.” It is helpful to show that the stolen goods are in close proximity with personal goods owned by the suspect.

This will avoid the defense that the stolen goods were in the possession of someone else living at the same residence.

Larceny-Theft According to the FBI, larceny-theft is the most commonly committed crime of personal gain.

The FBI’s UCR program defines larceny-theft as the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

In most cases, what distinguishes one form of larceny from another is the dollar amount of the items stolen. For example, when anything stolen is valued under $200, the charge is simple larceny, whereas stolen property valued in excess of that figure is grand larceny.

The Extent of Larceny-Theft According to the FBI, in 2014, there were an estimated 5,858,496 larceny-thefts nationwide. The number of larceny-thefts in the United States declined 2.7 percent when compared with the 2013 estimate. This number represents a 5.6 percent decrease when compared with the 2010 estimate.

192

Fraud-Forgery Fraud offenses include some sort of false statement, misrepresentation, or deceitful conduct. The motivation for fraud is to gain something of value (usually money or property) by misleading or deceiving someone into thinking something that the fraud perpetrator knows to be false.

Although the exact wording of fraud charges varies among state and federal laws, essential elements needed to prove a fraud claim include: 1.

2.

3.

4.

A misrepresentation of material fact; By a person or entity who knows or believes it to be false; To a person or entity who justifiably relies on the misrepresentation, and; Actual injury or loss resulting from his or her reliance.

There are numerous types of fraud, several of which occur or by wire. Common types include: • • • • • • • • •

through the mail, Internet, phone,

Bankruptcy fraud Tax fraud (tax evasion) Identity theft Insurance fraud Mail fraud Credit/debit card fraud Securities fraud Telemarketing fraud Wire Fraud

Forgery The crime of forgery generally refers to the making of a fake document, the changing of an existing document, or the making of a signature without proper authorization. Forgery involves a false document, signature, or other imitation of an object of value used with the intent to deceive another person.

Check Fraud Despite readily available electronic banking, one low-tech device is increasingly popular: the checkbook. Just as check writing has boomed, so has check fraud. According to the American Bankers Association, check fraud is a growing concern, costing banks $12.2 billion in 2006. The American Bankers Association responds with several reasons: • • •

The proliferation of personal computes and high-quality copiers, which make it easier and less expensive to forge copied checks.

Checking account customers who don’t safeguard their account numbers.

Competition for business, which discourages some banks from stepping up procedures to detect and combat fraud because it might inconvenience customers.

193

Criminals realize that check forgery is lucrative and that, because it is a nonviolent crime, their chances of being prosecuted are unlikely.

Forgery of a victim’s personal check involves acquiring both the check and a form of identification of the victim. The criminal must then be able to forge the victim’s name on the check successfully enough that it closely resembles the original.

Another method of forgery includes the use of fictitious checks drawn from the account of a nonexistent firm or person. These schemes, called check kiting, are commonly encountered by law enforcement authorities. Kiting consists of drawing cash on accounts made up of uncollected funds. By using two different banking institutions, the kiter may use funds from one bank to cover checks drawn on another.

Embezzlement Embezzlement is a low-profile crime that typically consists of employees of organizations stealing large amounts of money over a long period of time. Those who are successful in the embezzling of funds can cause extensive fiscal damage to victim organizations, frequently resulting in their financial ruin.

Embezzlement is usually defined under individual state statutes dealing with grand theft.

Generally speaking, however, it can be described as a fraudulent appropriation of property by a person to whom that property has been entrusted.

Investigating Embezzlement A primary element of the crime of embezzlement is the element of trust. So, to investigate this type of crime, the investigator must show that the suspect first accepted the property in the scope of employment and then misappropriated it for his or her own use. Intent is relatively easy to demonstrate in these cases, however, because it usually requires some form of concealment or secrecy, such as altering business records. The investigation of embezzlement allegations is a tenacious and time-consuming task because paper trails are sometimes difficult to follow.

Shoplifting Shoplifting is a common form of theft involving the taking of goods from retail stores. In fact, it has grown into one of the biggest concerns in the area of retail business. Statistics bear this out: Shoplifting incidents have grown dramatically in the past 20 years, and some retailers expect an annual increase of 10 to 15 percent. Some studies have even suggested that one of ev ery nine retail customers steals from department stores.

Generally speaking, the shoplifter can be characterized as either professional or amateur.

Whereas a professional shoplifter will steal goods for resale or bartering, an amateur steals merchandise for his or her own use. Records show that the majority of shoplifters fall into the amateur category.

The professional shoplifter, however, represents a much greater problem for investigators.

194

Professionals often work in groups of three or four and often victimize several shopping areas at a time. They are commonly trained on what items to steal, how to conceal them (for example, wearing special clothing to help them conceal merchandise), and where to take the merchandise for resale after the theft.

Investigative Steps Shoplifting cases can be investigated in one of two ways: reactive or proactive. A reactive investigation will include interviews of witnesses, collection of physical evidence, and conducting of other follow-up functions. A proactive case will probably be handled by in-house security personnel and will focus on the shoplifter who is caught in the act. In the case of proactive investigation, investigators should follow several rules of thumb: • • • •

Be sure that probable cause exists before restraining a suspect.

Observe the person concealing store merchandise that has not been paid for, not simply concealing “something” that cannot be positively identified as store merchandise.

Keep the person under observation.

Before arresting the person, always ask for a receipt.

Remember, if the person has not yet walked beyond the last pay station, an arrest may not be lawful or appropriate, but confronting the person may still result in reclaiming of the merchandise.

Identity Theft Identity theft, which involves obtaining credit, merchandise, or services by fraudulent personal representation, is a special kind of larceny.

According to the law, such a crime has been committed whenever anyone “knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law, or that constitutes a felony under any applicable state or local law.”

Identity theft can happen in a variety of ways, and there are a variety of sources from which identity thieves can obtain personal information. Such sources are credit card numbers, Social Security numbers, driver’s license numbers, bank account information, and medical records.

Once this information has been obtained, thieves put it to fraudulent use, generally for monetary gain.

Thieves can get the information they want in many ways, from picking through a victim’s trash to paying someone else for the data. The resourcefulness of thieves is unsurprising, given that personal information has become a valuable commodity for criminals, both in this country and elsewhere in the world.

The Investigative response The investigation and prosecution of identity theft cases is dependent on the combined efforts of 195

local, state, and federal agencies, as well as the knowledge and experience of individual investigators. Therefore, one of the most important steps in fighting identity theft is for police personnel to understand what identity theft is, who commits it, and the ways in which it is committed.

Computer Crime Tyler Clementi was an 18-year-old student at Rutgers University in Piscataway, New Jersey, who jumped to his death from the George Washington Bridge on September 22, 2010.

With out Clementi’s knowledge, on September 19, his roommate, Dharun Ravi, and a fellow student, Molly Wei, used a webcam on Ravi’s computer and a computer in Wei’s dorm room to view Clementi kissing another man. On September 21, the day prior to the suicide, Ravi notified friends and followers on Twitter to watch via his webcam a second encounter between Clementi and his friend.

Ravi and Wei were indicted for their roles in the webcam incidents, although they were not charged with involvement in the suicide itself. Wei accepted a plea agreement on May 6, 2011, allowing her to avoid prosecution. On March 16, 2012, Ravi was found guilty of 15 counts involving crimes of invasion of privacy, attempted invasion of privacy, bias intimidation, tampering with evidence, and witness tampering. He was given a sentence that included a 30-day jail term.

Understanding the Computer Crime Problem With the personal computer now in many households and mainframe computers acting as the epicenter of almost all Fortune 500 companies, the problem of computer crime, or cybercrime, is now a mainstream social problem. According to one definition, cybercrime is “the destruction, theft or un- authorized use, modification, or copying of information, programs, services, equipment or communication networks.”

Disturbingly, the Internet has become a popular hunting ground for child predators of all ages. It allows them to hide their identities and assume the roles of virtually anyone they choose.

Perhaps one of the most frightening statistics of all is that in 100 percent of the cases, the victims met up willingly with the attacker, thinking they were meeting someone entirely different. The problem of Internet predators has become so great that many police departments have established dedicated units to investigate such crimes.

Although electronic crime has been somewhat of a problem for the past three decades, it wasn’t until the 1970s that a new term entered the public lexicon—hacker.

One early example of cybercrime involved the planting of an unauthorized program known as a Trojan horse, which automatically transferred money to an illegal account whenever a legal transaction was made. To many thieves and hackers, this was akin to striking pure gold.

In some cases, they have attempted to extort money from their victims. In one of the biggest cases of cyber-extortion, a computer hacker stole credit card numbers from an online music 196

retailer, CD Universe, and released thousands of them on a website when the company refused to pay $100,000 ransom.

Computer Crime Investigations Computer crime investigations are dynamic in nature. Therefore, their detection and investigation differ in several respects from the investigation of other, more traditional crimes.

These differences include: • • • •

Physical evidence in computer crimes is different from that in traditional crimes.

The volume of evidence encountered in computer crimes can be burdensome.

Offenders can commit their crimes with ease.

Offenders can destroy evidence with ease.

Such investigations require a greater amount of technical expertise by investigators and prosecutors. Investigations generally require a considerable investment of time, sometimes taking from one month to a full year in duration. This is due, in part, to the fact that identification and analysis of data are necessary to organize information for complicated search warrants.

Obtaining Computer Crime Evidence It is fairly easy to obtain documents in computer crime cases because such documents are easily identified by non-computer experts. These include computer manuals, program documentation, logs, data and program input forms, and computer-printed forms. Ascertaining whether they are complete, originals, or copies can be determined by document custodians.

The search for information inside a computer is usually highly complex and most likely will require the aid of an expert. Preparing a search warrant for this task also requires expert advice.

In both cases, expert advice can come from the following sources: • • • • •

Systems analysts Programmers who wrote the programs Staff who prepared the data in computer-readable form Tape librarians Electronic maintenance engineers who maintain the hardware

Examining Evidence for Criminal Content The contents of a “flash drive” can hold more than enough information to make a case by providing direct evidence or direction to evidence.

If there is printer activity, this information can require a great deal of time to sort through. It is important not to blindly push this potential evidence aside; doing so may very well cost a case.

Preserving Computer Crime Evidence Determining if the evidence can be collected and preserved for future analysis is not as easy as it 197

sounds. Investigators must check their warrants constantly for what they can and cannot seize. If something is found that is needed but is not covered in a search warrant, the wording must be amended before seizure of that item can proceed.

Some types of computer evidence require special care and attention. Because of this, storage areas must be controlled, and special care must be given to protect the evidence from physical damage. Certain care measures are required for the most common types of computer evidence: • • • •

Magnetic tape and disks.

Printed computer listings.

Computer.

Additional computer hardware.

Motor Vehicle Theft

Carlos Ponce was one of the longtime leaders of an auto theft ring that operated throughout South Florida and sold stolen cars around the country. Ponce, also known as El Rey de los Carros (“King of the Cars”), ran an interstate auto theft ring that stole luxury cars in South Florida. The ring renumbered the cars using the vehicle identification number (VIN) identities of other identical “clone” vehicles and then shipped the vehicles to out-of-state buyers using fraudulent Florida titles.

Since the turn of the century, the advent of the automobile has either directly or indirectly changed the lives of all people. Its impact has inspired both positive and negative uses. Indeed, it has not only enhanced private lives, business, and public service organizations but has also offered criminals innovative ways of transportation to and from their crimes. The value and utility of the motor vehicle have, therefore, become deeply ingrained in today’s society.

Because most insurance companies require police reports before they will reimburse car owners for their losses, most occurrences of motor vehicle theft are reported to law enforcement agencies. Motor vehicle theft can turn violent, as in cases of carjacking—a crime in which offenders usually force the car’s occupants into the street before stealing the vehicle.

The Extent of Motor Vehicle Theft Statistics also show that in 2014 more than $4.5 billion was lost nationwide to motor vehicle thefts. The average dollar loss per stolen vehicle was $6,537. That same year, of all motor vehicles stolen, 74.5 percent were automobiles.

Auto theft is big business. Investigations have shown that some large organized groups of car thieves fill orders for contract buyers. Some cars are stolen for shipment out of the country, typically to Mexico.

Experienced car thieves can steal an automobile in less than a minute. Many crude thieves simply smash the driver’s side window to gain entry. In addition, many stolen cars are taken for the value of their parts.

198

The Preliminary Investigation As a rule, it is the task of the patrol officer to respond to such complaints and determine the facts and circumstances surrounding the alleged theft. These inquiries should include the following: • • • • • • •

Where was the vehicle last seen?

Who was the last person to use the vehicle?

Were the keys left in the ignition?

Was the vehicle left unlocked?

Is the victim in arrears on payments?

Are others allowed to drive the vehicle?

Was the vehicle equipped with special equipment, such as special wheels, fog lights, or a special sound system?

Answers to these questions allow the officer to determine if a crime has been committed or if another situation is at hand, such as a civil dispute (divorce) or vehicle repossession by a bank or finance company. True ownership of the vehicle must also be determined early in the investigation. This can be accomplished simply by requesting certain specific information from the victim, such as the title of the vehicle or a copy of the vehicle’s insurance policy.

The Vehicle Identification Number The VIN is as unique to a motor vehicle as a fingerprint is to a human being. It has no resemblance to other numbers commonly dealt with in criminal investigation, such as one’s Social Security number or date of birth.

The Altered VIN Because many vehicles are stolen for the sole purpose of resale, many methods are used by the thief to disguise the true identity of the car. In fact, all outward appearances would indicate that the vehicle is legitimate, so after the VIN alteration has been accomplished, the stolen vehicle can then be sold to an unsuspecting customer.

Tools of the Trade Vehicles are obtained by many different means by professional thieves. For example, tow trucks are often used to transport a vehicle desired by the vehicle thief.

Professional thieves become proficient in the use of these tools and use them in a manner in which little, if any, damage is done to the exterior of the vehicle, which could easily be noticed.

Motorcycle Theft and Fraud Many motorcycle models now cost well over $20,000, making them a valuable target for thieves who either sell stolen cycles whole or strip them down in chop-shop-like fashion for parts resale.

Motorcycle thieves are resourceful and will often use every part of the motorcycle for resale or reconstruction into another cycle. Motorcycle parts, including frames, can be more easily altered, 199

reused, and camouflaged than can car or truck parts.

According to the National Insurance Crime Bureau, this results in a lower recovery rate for stolen cycles than vehicles: approximately 25–30 percent versus 60–65 percent, respectively.

Motor Vehicle Fraud Criminals use fraudulent techniques or “schemes” to steal cars that do not involve smashing windows, disconnecting alarm systems, or racing from the scene of a crime. According to the National Insurance Crime Bureau, in 2014 some of the most common vehicle theft fraud schemes included these: Owner Give-Ups—The vehicle owner lies about the theft of his vehicle and then orchestrates its destruction to collect insurance money.

30-Day Specials—Owners whose vehicles need extensive repairs oftentimes perpetrate the “30day special” scam.

Export Fraud—After securing a bank loan for a new vehicle, an owner obtains an insurance policy for it.

Phantom Vehicles—An individual creates a phony title or registration to secure insurance on a non-existent vehicle.

Motor Vehicle Insurance Fraud According to insurance industry studies, 10 percent or more of property/casualty insurance claims are fraudulent. And fraud is the second most costly white-collar crime in America behind tax evasion. Insurance fraud costs Americans billions of dollars each year.

A Collective Response to Crime By combining the resources and expertise of thousands of insurers, law enforcement agencies, state fraud bureaus, and the National Insurance Crime Bureau (NICB), insurance fraud can be detected, deterred, and stopped, thus helping to protect American consumers’ pocketbooks. The following strategies are involved in the collective response to insurance crime: • • •

The nation’s property/casualty insurers have made significant investments in creating special investigative units, or SIUs, within their companies.

Many states have enacted laws and statutes that contribute to successful fraud deterrence, and most states have fraud bureaus dedicated to fighting insurance fraud.

The insurance industry also supports the NICB, whose mission is to combat fraud and theft for the benefit of members and the public through information analysis, forecasting, criminal investigation support, training, and public awareness.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS 200

THE CASE: 1. The answer should include: Investigating this case would require the suspects entire computer based files as to who, and how, he “lifted” the information from the victims computers. Finding his “source of entry” into the victim’s accounts would be key to a successful gathering of evidence for eventual passing to the prosecutor’s office. The process might include the need for warrants so working close with the prosecutor’s office would be important.

Learning Outcomes 1: 1. How does burglary differ from robbery? Answer: Burglary for the most part is a property crime. Robbery is a violent crime.

2. How does the FBI Uniform Crime Reports program classify burglary? Answer: The Uniform Crime Reports (UCR) program of the Federal Bureau of Investigation (FBI) uses three classifications of burglary: forcible entry, unlawful entry or no force used, and attempted forcible entry.

3. When are burglaries most likely to occur? Answer: The crime of burglary is generally considered a covert crime in which the criminal works during the nighttime, outside the presence of witnesses.

4. How have changes in patterns of social activity affected trends in burglary? Answer: Typically, burglars do not know their victims, and in cases where they do, they conceal their identities or commit their crimes when the victim is not present.

Learning Outcomes 2: 1. What reliable indicators do investigators use to determine whether a burglary has been or is being committed? Answer: At the scene, certain reliable indicators that a burglary has been (or is being) committed can be observed, for example, open doors or windows or pry marks on doors and windows.

2. What steps should responding officers take when answering a burglary call? Answer: After arriving, great care should be taken not to slam car doors, to turn down police radios, and to avoid the jangling of keys while approaching the residence.

3. What trace evidence should be collected at a burglary scene? Answer: So when checking glass, the officer should look for a reflection with the use of a flashlight. Sometimes burglaries can be detected by spotting debris on the floor from shelves or counters.

Learning Outcomes 3: 1. What factors make it difficult for investigators to prove that property is stolen? Answer: In the absence of some type of identifying numbers, such items are virtually untraceable.

2. In burglary cases, what circumstantial evidence helps prove receipt of stolen property?

201

Answer: One method of showing possession of stolen property is to locate the property on the premises of the suspect. This finding, however, may not be sufficient to prove “criminal intent.”

It is helpful to show that the stolen goods are in close proximity with personal goods owned by the suspect.

3. What types of stolen property are considered untraceable? Why? Answer: Another category of untraceable goods is fungible goods, items such as tools, liquor, and clothing that are indistinguishable from others like them. In the absence of some type of identifying numbers, such items are virtually untraceable.

Learning Outcomes 4: 1. What is the difference between simple and grand larceny? Answer: In most cases, what distinguishes one form of larceny from another is the dollar amount of the items stolen.

2. What common crimes fall under the category of larceny? Answer: Pocket Picking.

Breaking into coin machines. Purse snatching. Shopliftings. Stealing bicycles. Stealing motor vehicles. Stealing valuables left in unattended buildings. Stealing motor vehicle accessories.

3. What impact does check fraud have on consumers? Answer: Check fraud leads to higher fees for bounced checks, and when a person is a victim of check fraud, dealing with it can impose a severe hardship in reconciling and closing an account and dealing with creditors seeking payment for merchandise purchased with bogus checks.

4. Why have check fraud crimes increased? Answer: Criminals realize that check forgery is lucrative and that, because it is a nonviolent crime, their chances of being prosecuted are unlikely.

5. What steps can people take to avoid becoming victims of check fraud? Answer: Shred all documents that have bank or credit card information before throwing it in the trash.

Learning Outcomes 5: 1. How are shoplifters characterized? Answer: Professional & Amateur.

2. What are the differences between the two categories of shoplifters? Answer: Whereas a professional shoplifter will steal goods for resale or bartering, an amateur steals merchandise for his or her own use.

3. When people successfully shoplift, where are they most likely to sell the stolen merchandise? Answer: Shoplifters once stealing the good often sell it on their own to people out and about. A professional shoplifter will steal goods for resale or bartering, an amateur steals merchandise for his or her own use.

4. What factors make it difficult to investigate many shoplifting cases? Answer: Shoplifting cases can be investigated in one of two ways: reactive or proactive. A reactive investigation will include interviews of witnesses, collection of physical evidence, and conducting of other follow202

up functions. A proactive case will probably be handled by in-house security personnel and will focus on the shoplifter who is caught in the act.

5. What are the characteristics of a reactive shoplifting investigation? Answer: A reactive investigation will include interviews of witnesses, collection of physical evidence, and conducting of other follow-up functions.

6. How does a reactive shoplifting investigation differ from a proactive shoplifting investigation? Answer: A reactive investigation will include interviews of witnesses, collection of physical evidence, and conducting of other follow-up functions. A proactive case will probably be handled by in-house security personnel and will focus on the shoplifter who is caught in the act.

7. When it comes to shoplifting investigations, what are the most important rules of thumb that investigators should follow? Answer: Be sure that probable cause exists before restraining a suspect. Observe the person concealing store merchandise that has not been paid for, not simply concealing “something” that cannot be positively identified as store merchandise. Keep the person under observation. Before arresting the person, always ask first for a receipt.

Learning Outcomes 6: 1. What is the most common form of identity theft/fraud? Answer: Identity theft, which involves obtaining credit, merchandise, or services by fraudulent personal representation, is a special kind of larceny.

2. What is the main target of identity theft (that is, what is the commodity that identity thieves seek)? Answer: Such sources are credit card numbers, Social Security numbers, driver’s license numbers, bank account information, and medical records. Once this information has been obtained, thieves put it to fraudulent use, generally for monetary gain.

3. Why do experts predict that identity theft will become an even greater problem in the future? Answer: Because criminals have much to gain from identity theft, and because rapid improvements in technology have allowed them to commit their crimes with greater ease, identity theft is a problem that will likely grow and evolve in years to come.

4. What factors have led to the escalation of identity theft in the United States? Answer: Identity theft in the United States has grown rapidly in recent years, due in large part to everimproving technology.

5. What are three ways identity thieves acquire the personal information of others? Answer: Thieves can get the information they want in many ways, from picking through a victim’s trash to paying someone else for the data.

6. What steps can people take to protect themselves from identity theft? Answer: Never share personal information with anyone. Destroy all personal information fully before throwing it away.

203

7. What motives, besides money, fuel identity theft? Answer: They may also use such information to get a job or medical treatment under someone else’s name.

Learning Outcomes 7: 1. Explain the extent of the problem of computer crime. Answer: Computer crime is not limited to criminals with a profit motive. Rather, they are evidence that cybercriminals out for revenge or other motives are keenly aware of potential victims who are young and impressionable. Worse yet, such criminals are often able to hide behind false identities while prowling the Internet and avoiding detection by the police.

2. Identify the steps and methods for investigating computer crime. Answer: Such investigations generally require a considerable investment of time, sometimes taking from one month to a full year in duration. This is due, in part, to the fact that identification and analysis of data are necessary to organize information for complicated search warrants. In addition, the investigation of computer crime requires interaction between investigators and victims.

3. Describe methods for identifying and preserving evidence in computer crimes. Answer: Some types of computer evidence require special care and attention. Because of this, storage areas must be controlled, and special care must be given to protect the evidence from physical damage.

4. In what ways is evidence in computer crimes examined for evidentiary value? Answer: A floppy disk is small enough to fit inside a pocket and can easily be hidden in books or taped to the bottom of a keyboard. The contents of a “flash drive” can hold more than enough information to make a case by providing direct evidence or direction to evidence.

Learning Outcomes 8: 1. What are the consequences of auto thefts for both victims and the general public?

Answer: Stolen cars, vans, trucks, and motorcycles cause economic hardship for victims and increase insurance premiums for law-abiding citizens.

2. Why are automobiles generally stolen? Answer: Some of the most frequently stolen types of cars have remained constant over the years, suggesting that they are being stolen for parts.

According to insurance companies, a $20,000 stolen vehicle can be stripped and sold into $30,000 worth of parts inventory to unscrupulous scrap and auto-body shops.

3. What is the major trend in automobile thefts? Answer: Today, an- other criminal goal has captured the attention of law enforcement authorities: vehicles that are stolen and stripped for valuable accessories, such as seats, expensive radios, custom wheels, and tires.

4. What important questions should a patrol officer ask during the preliminary investigation of an alleged automobile theft? Answer: Where was the vehicle last seen? Who was the last person to use the vehicle? Were the keys left in the ignition? Was the vehicle left unlocked? Is the victim in arrears on payments? Are others allowed to drive the vehicle? Was the vehicle equipped with special equipment, such as special wheels, fog lights, or a special sound 204

system?

5. What “special” information about a vehicle should be included in the theft report?

Answer: Details such as cigarette burns on the vehicle’s seats, scratches or dents, rusted areas of the vehicle, decals or stickers, and so on will all distinguish the stolen vehicle from others like it on the street.

6. What specific information does a VIN provide an investigator? Answer: The VIN is as unique to a motor vehicle as a fingerprint is to a human being. It has no resemblance to other numbers commonly dealt with in criminal investigation, such as one’s Social Security number or date of birth.

7. What are some of the most common tools used for automobile thefts? Answer: Slim jim.

Slide hammer. Ignition extractor. Force tool. Key cutter.

205

Chapter 15 Arson and Bombings CHAPTER OVERVIEW Arsons and bombings are the discussion for this chapter. The author reviews the scope of the problem from the pyro to the insurance fraud crime. Preliminary investigations of arson are usually done by fire departments and are taken over when the fire appears to be the crime of arson.

Investigators observe the area of the fire, photograph scenes and look for other clues that could explain the fire. Insurance companies many times assist in the investigation if the fire is deemed suspicious.

Motivations of arson can be to profit from the fire in insurance claims. Arson for revenge or vandalism is also a motive. Arson investigators and police also investigate serial fire setters.

The prosecution of arson can be very daunting due to the minimal amount of evidence collected at fire scenes. It is difficult to find evidence that has not been damaged by the fire.

Lastly the chapter talks about investigation of bombings. The author reviews responding to a scene as well as after the detonation how to conduct the investigation.

CHAPTER OBJECTIVES • • • • •

Summarize the scope of the problem of arson Explain the official definition of the crime of arson Describe the relationship between police and the fire investigators Explain the techniques of arson investigation Explain how to investigate bombs and bombers

LECTURE OUTLINE Arson Offenses The United States has one of the highest fire death rates in the industrialized world. According to the National Fire Protection Association, the U.S. fire death rate was 14.9 deaths per million people. According to the Uniform Crime Reports (UCR) program in 2014, there were 42,934 arsons. More than 45 percent (45.3) of all arson offenses involved structures (e.g., residential, storage, public, etc.). Mobile property was involved in 23.2 percent of arsons, and other types of property (such as crops, timber, fences, etc.) accounted for 31.5 percent of reported arsons.

The Definition of Arson 206

The UCR program defines arson as any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, and so on. Only fires determined through investigation to have been willfully or maliciously set are classified as arsons. Fires of suspicious or unknown origins are excluded from this category.

The Police and Fire Alliance After a fire has been determined to have a suspicious origin, investigators from the local fire and police departments as well as the victim’s insurance company become involved with the case.

The traditional role of the fire department is to investigate every fire for cause and origin.

Arson Investigative Techniques The act of arson has been described as a stealthy, cowardly crime that, by its very nature, leaves very little direct evidence as to the identity of the arsonist. Many arsonists, however, fail to cover their tracks adequately and may therefore leave some type of evidence behind. For example, in many commercial arsons, the suspect leaves a paper trail that investigators can follow. This includes financial records, inflated insurance coverage, little or no inventory, and excessive debts.

The Preliminary Investigation of Arson Arson does not have an immediate corpus delecti. It is therefore the responsibility of the investigator to prove that a specific fire did occur and that it was ignited deliberately. To accomplish this, both direct and circumstantial evidence can be used to show that the fire was ignited.

Identify the Point of Origin The first step in an arson investigation is to determine the fire’s point of origin. This may be the most critical phase of the investigation because it includes the ruling out of natural or accidental causes.

Finding Accelerants in Arson Investigations Various techniques exist to detect accelerants at a fire scene. These range from an experienced fire investigator or a specially trained “sniffer” dog using its sense of smell to detect the characteristic odor of various accelerants in the surrounding air to more complex laboratory methods.

One of the most advanced techniques for detecting accelerants in fire debris is called headspace gas chromatography. Gas chromatography involves separating mixtures of gases into their individual components based on the different boiling points of their hydrocarbons. Each gas in the mixture can then be identified because each one produces a distinct chemical fingerprint called a chromatogram.

207

Observing the Span of the Fire Determining the time span of the fire is also of paramount importance. Although the majority of evidence collection is conducted at the crime scene, much can be learned simply by observing the fire. Specifically, the physical characteristics of the fire, such as smoke, direction, flames, and distance of travel, are important.

Photograph the Scene Complete photographs of the structure should be taken to help preserve the crime scene for the courtroom. This makes a “record” of the condition of the scene at the time the fire was extinguished.

Identifying Plants or Trailers Finally, identifying the areas of plants (preparations used to set the fire) and trailers (materials used to spread the fire) can reveal important clues to the investigator: • •

Plants are the preparations used to set the fire. These include newspapers, rags, and other flammable waste material.

Trailers are the materials used in spreading the fire. These include gunpowder; rags soaked in flammable liquid; and flammable liquids such as gasoline, kerosene, and alcohol.

Question Witnesses Witnesses also play an important role in determining causes of the fire and possible suspects.

Questions to be asked of the witnesses include the following: • •

Who are you and why are you present at the fire?

What attracted you attention to the fire?

The witnesses’ observations of the intensity, color, and direction of the fire may also prove to be of great value. Certainly, the observations of witnesses should only be viewed as information to give the investigator a lead as to where to begin looking for evidence Observe Alligatoring The term alligatoring refers to the pattern of crevices formed by the burning of a wooden structure. Resembling the skin of an alligator, this pattern reveals a minimum amount of charring, with alligatoring in large segments, when a fire is extinguished rapidly.

Other Clues Many things may indicate that a fire of suspicious origin was arson. Other clues include the following: •

Flames. The color of the flame is noteworthy in the early phases of a fire.

208

• • •

Smoke. As indicated earlier, smoke can also be of value in determining what substance was used to start a fire.

Size of the fire. Depending on certain factors, such as the time element of the fire, the size of the fire might give investigators information to determine an act of arson.

Odors. Distinguishable odors that might indicate a specific fire starter, such as kerosene, gasoline, and alcohol, can be emitted from certain types of fires. Investigators should therefore try to detect any odors by using their own olfactory senses.

Motivation of the Arsonist As a defense attorney once said, “It is not a crime to have a motive.” Indeed, when an investigator is successful in the collection of evidence to show the insured’s participation in the crime, along with evidence of a motive showing arson as a reasonable alternative for the arsonist, a prosecutable case may have been developed.

Arson for Profit This category represents an estimated 50 percent of all fire- related property damage in the United States and the corresponding increase in the number of arsons reported to officials in recent years. The typical arson-for-profit criminal is a businessperson who sets fire to his or her business or hires a professional arsonist to do the task.

Economic gain from this type of arson may be either direct or indirect. For example, a home or business owner will see a direct financial gain when the insurance company pays the claim. As indicated earlier, insurance fraud is a common motive for arson, perhaps one of the most frequent. A common method of insurance-related fraud is the purchasing of old, run-down buildings in inner-city areas.

Arson for Revenge A high percentage of arsons are attributed to revenge, jealousy, and spite. People committing such acts are usually adults who target both individuals and property. Offenders include jilted lovers in personal relationships, disgruntled employees, feuding neighbors, persons who were cheated in business and personal transactions, and persons motivated by racial prejudice.

Arson for Vandalism Not much planning or preparation is required for a fire designated as vandalism. In addition, readily available materials are commonly used by arsonists. About 95 percent of the arsons for vandalism are caused by juveniles, owing in large part to peer pressure.

Arson for Crime Concealment It is common for some criminals to try to cover up their crimes through the use of a fire.

Murders, burglaries, and other crimes have been concealed through the use of this method.

209

Pyromania •

A pyromaniac is a person who is a compulsive fire starter. This person is motivated by several aspects of the fire-setting experience. For example, some experts claim that pyromaniacs gain sexual stimulation by starting and viewing fires. In addition, excitation is achieved by the crowds that gather and the emergency vehicles that converge on the scene. Pyromaniacs are impulsive fire setters; their acts are seldom planned.

Serial Fire Setters A serial arsonist can be defined as one who sets fires repeatedly. This criminal, however, is at somewhat of an advantage because expertise in fire investigations is not as common as expertise in other crimes. The FBI’s National Center for the Analysis of Violent Crime (NCAVC) has conducted research in this area and has concluded that compulsive fire setting can be classified as mass, spree, and serial.

• • •

A mass arsonist sets three or more fires at the same location.

A spree arsonist sets fires at three or more separate locations, with no cooling-off period between them.

The serial arsonist sets three or more separate fires with a definite cooling-off period between them. This period may last for days, weeks, or months.

Profiling the Fire Starter After identifying a possible motive, the investigator may wonder to what extent the fire starter shows a propensity for violence.

According to J. James in his article “Psychological Motives for Arson,” gender, age, education, intellectual level, and economic status do not in any way limit the possibility that a person will engage in arson.

The Role of the Insurance Industry Because of the severe financial strain arson has placed on the insurance industry, insurance companies are becoming more involved with investigations involving arson.

Insurance carriers are usually more than willing to assist local law enforcement and fire officials during the course of an investigation.

Insurance company assistance may come in many other forms, such as providing local investigators with financial audits and income tax returns; such information may not be readily available to local investigators.

Prosecution of Arson Cases There exists an old adage: “Without the fire triangle—heat, fuel, and oxygen—there can be no fire.” Similarly, the successful prosecution of an arson case must include a triangle consisting of 210

police detectives, fire investigators, and a prosecutor. Sadly, in many parts of the United States, prosecution of arson crimes may never occur. Some reasons include the following: 1. There is no one qualified or trained to conduct the investigation.

2. The time required for a thorough arson investigation by police or fire authorities is not available.

3. Prosecuting attorneys are reluctant to file and pursue prosecution. This is the most prevalent reason, because arson cases are difficult to prosecute.

Investigation of Bombing Incidents Bombs can be constructed to look like almost anything and can be placed or delivered in any number of ways. Bombs are often made out of common household items regularly found in the kitchen, in the garage, or under the sink.

Investigating Bomb Threats Bomb threats are delivered in a variety of ways, but most are telephoned in to the target.

Occasionally, these calls are through a third party.

There are two general explanations as to why bombers communicate a bomb threat: 1. The caller has definite knowledge or believes that an explosive or incendiary bomb has been or will be placed, and he or she wants to minimize personal injury or property damage.

2. The caller wants to create an atmosphere of anxiety and panic that will, in turn, result in a disruption of normal activities at the facility where the device is supposedly placed.

Written Bomb Threats When a written threat is received, all materials should be saved, including envelopes and containers. Remember that paper is an excellent preservative of latent fingerprints. In addition, handwriting, typewriting, and postal markings can provide good investigative leads.

Safety Precautions In raid or search situations in which explosive devices are expected to be encountered, investigators should be accompanied by an explosives expert. This person can be used to inform officers of what type of device is at hand and how best to proceed safely with the raid. Other precautions include the following: • • • •

Only one officer at a time should approach the suspected booby trap.

When trip wires are located, both ends of the wire should be checked (some devices use more than one trip wire).

Wires that appear to be electric should not be cut.

Be aware of fuses or obvious means of detonation (e.g., mercury fuses).

211

•

No containers should be opened without a thorough examination.

When a Bomb Is Found Under no circumstances should officers attempt to move, jar, or touch a suspicious object or anything attached to it. The actual removal of the bomb should be left to professional bomb disposal personnel. After the suspected bomb has been located, the location and description of the object should be reported to the supervisor or command center. Fire department and rescue personnel should also be notified and placed on standby. If necessary, sandbags or mattresses (never metal shields) should be placed around the suspicious object. Do not attempt to cover the object. Instead, you should do the following: • • • •

Identify the danger area and block it off with a “clear zone” of at least 300 feet, including floors below and above the object.

Be sure that all doors and windows are open to minimize primary damage from the blast and secondary damage from fragmentation.

Evacuate the building.

Do not permit reentry into the building until the device has been removed or disarmed and the building is declared safe for reentry.

Handling the Media It is important that all inquiries from the news media be directed to one person who is designated as spokesperson. All other persons should be instructed not to discuss the situation with outsiders, especially the news media.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: www.atf.gov This is the site of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Visitors can read the mission and history of the organization. Menu and links include careers, pressroom, publications (newsletters and fact sheets), a most wanted list, and a bomb data center. The site also features ATF for Kids and a search engine. www.usfa.dhs.gov This is the site of the U.S. Fire Administration, which is part of the Department of Homeland Security. The goal of the organization is to work for a fire-safe America. Links include publications and data about fires in America, key dates in fire history, fire-prevention campaigns, press releases, statistics, information for students and educators, information about children and fire safety, employment opportunities, a learning resource center, and grants.

212

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. The answer should include: The evidence that made it clear Kaczynski was the Unabomber was the search of his cabin, which produced a bomb, an antitechnology manuscript, and his secret identification number in his cabin. They also found also found 20 latent fingerprints. Letters were also part of his MO which were later compared to his writings in the manifesto and it matched his handwriting.

Learning Outcomes 1: 1. Why is arson considered a low-priority crime by law enforcement agencies? Answer: Unlike other “sensational” media events such as murder cases and drug raids, arson is generally considered a low-priority crime even by law enforcement agencies.

2. What factors can be attributed to the misunderstanding of the crime of arson? Answer: There is much misunderstanding about the motives behind the crime of arson. Few arson cases lead to arrests, and fewer than 20 percent of arrests result in convictions.

3. What reasons make investigating fires that might be arson difficult? Answer: Because valuable evidence is sometimes destroyed during a blaze, it is often difficult to determine that arson was committed. Other complicating factors include the fact that there are few, if any, witnesses to the crime; physical evidence is difficult to locate; and if the crime is executed properly, it is difficult to determine the fire’s point of origin.

Learning Outcomes 2: 1. What kind of direct and circumstantial evidence can be used to prove arson? Answer: Many arsonists, however, fail to cover their tracks adequately and may therefore leave some type of evidence behind. For example, in many commercial arsons, the suspect leaves a paper trail that investigators can follow. This includes financial records, inflated insurance coverage, little or no inventory, and excessive debts.

2. What are common examples of plants and trailers? Answer: Plants are the preparations used to set the fire. These include newspapers, rags, and other flammable waste material.

Trailers are the materials used in spreading the fire. These include gunpowder; rags soaked in flammable liquid; and flammable liquids such as gasoline, kerosene, and alcohol.

3. How is compulsive fire setting classified? How are the classifications different? Answer: The typical arson-for-profit criminal is a businessperson who sets fire to his or her business or hires a professional arsonist to do the task. A high percentage of arsons are attributed to revenge, jealousy, and spite. People committing such acts are usually adults who target both individuals and property. About 95 percent of the arsons for vandalism are caused by juveniles, owing in large part to peer pressure. Statistics show that most violators in this category are youths from lower socioeconomic groups who choose to commit the crime in the morning or early afternoon.

It is common for some criminals to try to cover up their crimes through the use of a fire.

213

4. In fires caused by arson, what are the most commonly used accelerants? Answer: The most commonly used accelerants are gasoline, kerosene, turpentine, and diesel fuel.

Learning Outcomes 3: 1. What is the principal goal of the police in arson investigations? Answer: The traditional role of the fire department is to investigate every fire for cause and origin.

2. What type of assistance does the fire department provide to law enforcement during arson investigations? Answer: The police investigator has a statutory role in investigating arson because it is a violation of state or federal law. The principal goal of the police investigation in an arson case is to identify the perpetrator(s) of the crime and to identify and secure sufficient evidence to prosecute and convict.

3. Who takes the lead role in an arson investigation? Answer: When the fire investigation becomes a question of who committed the crime, the matter then becomes a law enforcement concern. This is critical because after it has been determined that law enforcement should take over the investigation, fire investigators should yield the crime scene to the arson investigators and respond to them in an adjunct role.

4. What is the primary role of the insurance company in arson investigations? Answer: Insurance company assistance may come in many other forms, such as providing local investigators with financial audits and income tax returns; such information may not be readily available to local investigators.

Learning Outcomes 4: 1. How can the physical characteristics of the fire be used to determine if a fire was arson?

Answer: The color of the flame is noteworthy in the early phases of a fire. Smoke can also be of value in determining what substance was used to start a fire. Depending on certain factors, such as the time element of the fire, the size of the fire might give investigators information to determine an act of arson. Distinguishable odors that might indicate a specific fire starter, such as kerosene, gasoline, and alcohol, can be emitted from certain types of fires.

2. Why doesn’t the prosecution of arson crimes occur often? Answer: There is no one qualified or trained to conduct the investigation. The time required for a thorough arson investigation by police or fire authorities is not available. Prosecuting attorneys are reluctant to file and pursue prosecution. This is the most prevalent reason, because arson cases are difficult to prosecute.

3. According to criminal profilers, who is the typical fire starter? Answer: According to J. James in his article “Psychological Motives for Arson,” gender, age, education, intellectual level, and economic status do not in any way limit the possibility that a person will engage in arson.

4. What are some key problems in arson investigations? Answer: Locating witnesses.

Locating and preserving physical evidence. Determining whether the victim is also the suspect.

Coordinating the investigation among police, fire, and insurance agents. Determining if the fire 214

was arson or had some other cause.

Learning Outcomes 5: 1. What is one of the most popular types of homemade bombs used by bombers? Answer: Pipe bombs.

2. Who serves as the best source of information about a bomb threat? Answer: The bomber his or herself.

3. What are three key steps that should be taken when handling a bomb threat? Answer: When a written threat is received, all materials should be saved, including envelopes and containers. Remember that paper is an excellent preservative of latent fingerprints. In addition, hand- writing, typewriting, and postal markings can provide good investigative leads. Therefore, after the message has been recognized as a bomb threat, further handling of the material should be minimized, and it should be stored in a safe place.

4. What are the major safety precautions that investigators need to follow in raid or search situations involving bombs? Answer: In raid or search situations in which explosive devices are expected to be encountered, investigators should be accompanied by an explosives expert. This person can be used to inform officers of what type of device is at hand and how best to proceed safely with the raid.

5. What steps should be taken when a bomb is found? Answer: It is important to stress that personnel involved in a search be instructed that their only mission is to search for and report suspicious objects. Un- der no circumstances should officers attempt to move, jar, or touch a suspicious object or anything attached to it. The actual removal of the bomb should be left to professional bomb disposal personnel.

215

Chapter 16 Terrorism and National Security Crimes CHAPTER OVERVIEW The last chapter of the book covers terrorism and national security crimes. The author aptly defines terrorism as he looks at it from the domestic and international sides. It’s premeditated, politically motivated, violent, and against noncombatant targets.

The chapter identifies the terrorists and the fact that they are done for political goals in mind. The terrorist causes violence and psychological impact and fear. There re generally five distinct types of terrorism: criminal terrorism, ideological terrorism, nationalistic terrorism, state sponsored terrorism, and revolutionary terrorism.

The author talks at length about international terrorism and the multitude of terrorist organization pre and post Bin Laden. There is a discussion of types of chemical, biological and radiological attacks.

Domestic and homegrown terrorism is also a reality discussed in this chapter. Many youth who feel disenfranchised from “mainstream” culture and economics are prime targets for radicalization.

CHAPTER OBJECTIVES • • • • • • • • •

Define terrorism.

Describe who terrorists are.

Describe the various forms of terrorism.

Identify notable terrorist incidents.

Explain the problem of international terrorism.

Identify the current threats of mass destruction.

Explain the problem of domestic terrorism.

Explain the problem of self-radicalized terrorism.

Describe the tactics used to destabilize terrorist organizations.

LECTURE OUTLINE Terrorism Defined There is no single, universally accepted definition of the word terrorism. It is defined in a number of ways by a number of organizations. Simply stated, terrorism is policy intended to intimidate or cause terror.

The federal Foreign Relations Authorization Act defines terrorism in terms of four primary 216

elements. The act says that terrorism is 1.

2.

3.

4.

Premeditated, Politically motivated, Violent, and Committed against noncombatant targets.

A person who practices terrorism is generally referred to as a terrorist. Acts of terrorism are criminal acts, according to United Nations Security Council Resolution 1373 and the domestic jurisprudence of almost all nations.

Regardless of the origin of its definition, the word terrorism is politically and emotionally charged,4 and this greatly compounds the difficulty of providing a precise definition. A 1988 study by the U.S. Army found that more than 100 definitions of the word terrorism have been used.

Terrorism has been practiced by a broad array of political organizations to further their objectives. It has been practiced by right- and left-wing political parties, nationalistic groups, religious groups, revolutionaries, and ruling governments.

However, the most common image of terrorism is that it is carried out by small and secretive cells that are highly motivated to serve a particular cause, and many of the most deadly operations in recent times, such as the September 11 attacks, the London underground bombing, and the 2002 Bali bombing, were planned and carried out by cliques composed of close friends, family members, and other strong social networks.

Recent research and investigations into terrorist operations have shown that terrorists look, dress, and behave like “normal” people until they execute their assigned mission. Therefore, terrorist profiling based on personality or physical or sociological traits does not appear to be particularly useful.

Identifying the Terrorists In 1986, the President’s Task Force on Combating Terrorism (PTFCT) reported that an estimated 60 percent of the Third World population is under 20 years of age and half are 15 years or younger. This being the case, a volatile mixture of youthful aspirations coupled with economic and political frustrations tends to create a pool of possible terrorists in those countries. Today’s terrorists have a deep-seated belief in the justice of their causes. They are tough and cunning and have little regard for their lives or the lives of others. Terrorists’ weaponry often comes from the illegal international arms market and could originate with legitimate arms vendors, which are, to a great extent, unregulated.

Examples of large terrorist organizations include the Palestine Liberation Front (PLF), which has an estimated 300 members operating among three factions. The Abu Nidal Organization (ANO) boasts a membership of 500 and has an international theater of operation.

Criteria Describing Terrorists 217

Official definitions determine counterterrorism policy and are often developed to serve it. Most government definitions outline the following key criteria: target, objective, motive, perpetrator, and legitimacy or legality of the act.

Violence According to Walter Laqueur of the Center for Strategic and International Studies, “The only general characteristic of terrorism generally agreed upon is that terrorism involves violence and the threat of violence.”

Psychological Impact and Fear Each act of terrorism is a “performance” devised to have an impact on many large audiences.

Terrorists also attack national symbols to show power and to attempt to shake the foundation of the country or society to which they are opposed.

Perpetrated for a Political Goal Terrorism is a political tactic, such as letter writing or protesting, that is used by activists when they believe that no other means will effect the kind of change they desire. The change is desired so badly that failure to achieve change is seen as a worse outcome than the deaths of civilians.

Deliberate Targeting of Noncombatants It is commonly held that the distinctive nature of terrorism lies in its intentional and specific selection of civilians as direct targets. Specifically, the criminal intent is shown when babies, children, mothers, and elderly people are murdered or injured and put in harm’s way.

Disguise Some terrorists pretend to be noncombatants, hide among such noncombatants, fight from vantage points in the midst of noncombatants, and (when they can) strive to mislead and provoke government soldiers into attacking other people so that the government will be blamed.

Unlawfulness or Illegitimacy Some official (notably government) definitions of terrorism add a criterion of illegitimacy or unlawfulness to distinguish between actions authorized by a government (and thus “lawful”) and those of other actors, including individuals and small groups.

“Legitimacy” and “lawfulness” are subjective, depending on the perspective of one government or another, and this criterion diverges from the historically accepted meaning and origin of the term.

Forms of Terrorism In his book Terrorism: An Introduction, White suggests that five distinct forms of terrorism can be considered: criminal terrorism, ideological terrorism, nationalistic terrorism, state-sponsored 218

terrorism, and revolutionary terrorism.

Criminal terrorism involves the use of terror for profit or psychological gain. It fails to merit the same attention as does nationalistic violence.

Ideological terrorism is normally an effort to change the current political power. It has been argued that ideological terrorism involves a revolution, but this is not always the case.

Nationalistic terrorism is characterized by activity that supports the interests of an ethnic or nationalistic group, regardless of its political ideology.

State-sponsored terrorism occurs when governmental regimes use or threaten to use violence in international relations outside established diplomatic protocol.

States (countries) sponsor terrorism for many different reasons. One is to achieve foreign policy objectives that could not otherwise be achieved through political or military means. Sometimes states sponsor terrorism to create or expand their power and influence among ideological movements. Other state-sponsored incidents attempt to stifle domestic opposition through assassination of dissidents abroad.

Revolutionary terrorism involves persons whose guerrilla-like tactics invoke fear in those holding political power and their supporters. The goal is to overthrow the current power base and replace it with political leaders who share the terrorists’ views.

Notable Terrorist Incidents The World Trade Center and Pentagon terrorist attacks of September 11, 2001, marked a dramatic escalation in a trend toward more destructive terrorist attacks that began in the 1980s.

The 9/11 attacks also reflected a trend toward more indiscriminate targeting among international terrorists. The vast majority of the more than 3,000 victims of the attacks were civilians.

With the death of Osama bin Laden in 2011, the nature of terrorism has changed. Still, the threat of terrorism on U.S. soil is a current and ongoing concern. We need only to look back a few years to see the relentless efforts of terrorists to target U.S. interests at home and abroad. This was demonstrated with the 9/11 attacks, the bombing of the U.S.S. Cole in October 2000, and the earlier bombings of two U.S. embassies in east Africa in August 1998, among other plots.

On December 22, 2001, Richard C. Reid was arrested after a flight attendant on American Airlines Flight 63 observed him apparently attempting to ignite an improvised explosive in his sneakers while on board a Paris-to-Miami flight.

Recent Terrorist Threats With the 2011 killing of Osama bin Laden by U.S. Navy Seals, the complexion of global terrorism changed. Although the full ramifications of his death are not yet known, the U.S. government continues to monitor how his death impacts al-Qaeda’s organization and operations.

219

The years following 9/11 have demonstrated that despite the counterterrorism efforts against alQaeda, its intent to target the United States remains constant. Numerous examples exist. In one case, an al-Qaeda homeland plot involved three operatives—Najibullah Zazi, Zarein Ahmedzay, and Adis Medunjanin—who were arrested by U.S. government agents in the fall of 2009. These individuals received terrorist training in Pakistan from al-Qaeda and then returned to the United States, where they planned to use homemade improvised explosive devices (IEDs) to attack the New York City subway system.

International Terrorism In 2014, approximately 13 years after the 9/11 attacks, the United States faces a more divers terrorism threat than in 2001. In this increasingly complex and ever-changing environment, not only does Pakistan-based al- Qaeda possess the ability to project itself across the globe to stage attacks against the West, but so do groups based in Yemen, Somalia, and Iraq.

Moreover, many lives have been saved by U.S. counterterrorism efforts, for example, the arrest of a homegrown violent extremist (HVE) who attempted to attack a Christmas tree-lighting ceremony in Portland and the arrest of three al-Qaeda-trained operatives in the United States before they could attack the New York City transit system.

Islamic Terrorism Islamic terrorism has its roots in Islamism (Islam + ism; Arabic: al-’islamiyya), a set of ideologies holding that Islam is not only a religion but also a political system and that modern Muslims must return to the roots of their religion and unite politically.

Leading Islamist thinkers emphasize the enforcement of sharia (Islamic law); of pan-Islamic political unity; and of the elimination of non-Muslim, particularly Western, military, economic, political, social, and cultural influences in the Muslim world, which they believe to be incompatible with Islam.

Still others define Islamism as “an Islamic militant, anti-democratic movement, bearing a holistic vision of Islam whose final aim is the restoration of the caliphate.”

Post-bin Laden Terrorism While bin Laden’s death in 2011 was an important “moral victory” for U.S. counterterrorism efforts, it does not necessarily mean that the threat of terrorism is over for the United States. As researcher Phillip Jenkins notes, “Terrorism is a tactic not a movement.”37 For example, after 2011 there was an increased threat from al-Qaeda affiliates like al-Qaeda in the Arabian Peninsula (AQAP) and Tehrik-e Taliban Pakistan (TTP).38 These organizations have changed dramatically and probably point to the most significant difference in the terrorist threat environment since 9/11.

Threats of Mass Destruction In 2011, the U.S. Department of State identified four categories of weapons of mass destruction 220

(WMD) that terrorists may seek to acquire and use in a WMD terrorist attack. These are chemical, biological, radiological, and nuclear.

Chemical Today’s chemical terrorism threat includes the potential acquiring and use of chemical warfare agents and military-style delivery systems. Included are the use of toxic industrial chemicals, such as the industrial chlorine containers included in IED attacks in Iraq, and improvised dissemination systems, such as those used in the 1995 attack conducted by Aum Shinrikyo in the Tokyo subway system.

Biological Bioterrorism, another deadly threat, is the deliberate dispersal of pathogens through food, air, water, or living organisms to cause disease. If properly produced and released, biological agents can kill on a massive scale, and if terrorists use a pathogen that can be transmitted from person to person, the disease could quickly spread through commercial air travel across oceans and continents before authorities realize their nations have been attacked.

For example, a small-scale bioterrorism attack such as the 2001 anthrax attacks in the United States, which resulted in 5 Americans killed and an additional 17 individuals infected, had a substantial economic impact with the costs of decontamination, medical treatment for those exposed, decreased commercial activity, social distress, and lost productivity. The terrorists can often meet their objective of creating disruption and fear without causing large numbers of casualties.

Radiological Some terrorists seek to acquire radioactive materials for use in a radiological dispersal device (RDD) or dirty bomb. Radioactive materials are widely used in industrial, medical, and research applications and include devices used for power supply in remote locations, cancer therapy, food and blood irradiation, and radiography.

Nuclear Some terrorist organizations, such as al-Qaeda, have openly stated their wish for acquiring nuclear weapons. The avail- ability of scientific and technical information regarding the assembly of nuclear weapons, some of which is now avail- able on the Internet, has increased the risk that a terrorist organization in possession of sufficient fissile material could develop its own crude nuclear weapon.

Domestic Terrorism In a broad, general sense, acts of domestic terrorism in the United States are considered to be rare, but this has not always been the case. For example, according to the FBI, between 1980 and 2000, 250 of the 335 incidents confirmed as or suspected to be terrorist acts in the United States were carried out by American citizens.

221

The statutory definition of domestic terrorism in the United States has changed many times over the years; also, it can be argued that acts of domestic terrorism have been occurring since long before any legal definition was set forth.

According to a memo produced by the FBI’s Terrorist Research and Analytical Center in 1994, domestic terrorism was defined as “the unlawful use of force or violence, com- mitted by a group(s) of two or more individuals, against per- sons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.”

Under current U.S. law, set forth in the USA PATRIOT Act, acts of domestic terrorism are those that 1. “Involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; 2. Appear to be intended—(a) to intimidate or coerce a civilian population; (b) to influence the policy of a government by intimidation or coercion; or (c) to affect the conduct of a government by mass destruction, assassination, or kid- napping; and 3. Occur primarily within the territorial jurisdiction of the United States.”

One of the most memorable is the 1995 bombing of the Murrah Federal Building in Oklahoma City. In that case, a powerful truck bomb exploded outside the federal building in downtown Oklahoma City. As a result, 168 people died and hundreds more were wounded. The perpetrator, 29-year-old Timothy McVeigh, was found guilty of 11 criminal counts, ranging from conspiracy to first-degree murder.

Today, the domestic terrorism movement continues to remain active, and several recent domestic terrorism incidents demonstrate the scope of the threat. For example, • • •

In March 2010, nine members of the Michigan-based Hutaree Militia were indicted for their alleged involvement in a plot to kill law enforcement officers.

In January of 2011, a pipe bomb was discovered at a Martin Luther King Day parade in Spokane, Washington, and a subject was arrested by the FBI’s Joint Terrorism Task Force (JTTF).

In February 2011, three subjects were arrested on weapons and firearms charges in relation to alleged domestic terrorist activity in Fairbanks, Alaska.

Self-Radicalization: The Homegrown Terrorist

On September 24, 2009, 19-year-old Jordanian national Hosam Maher Hussein Smadi parked what he believed to be a large VBIED in the underground garage of Fountain Place—a beautiful, conspicuous skyscraper in the heart of the Dallas, Texas, business district. He armed and powered up the elaborate timing device, exited the building during the busy weekday lunch rush, and was picked up by an associate who he believed was a low-level soldier in al-Qaeda cell he had located after a long search.

With the associate, Smadi drove to the top of a nearby parking garage, where he used his mobile 222

phone to dial the number that he believed would detonate the VBIED—he had insisted on personally command-detonating the bomb—and destroy the building, killing thousands of innocent civilians in and around Fountain Place. The call, however, did not activate a VBIED; instead, it signaled the North Texas Joint Terrorism Task Force to arrest Smadi while he attempted to commit mass murder in the name of al-Qaeda.

Homegrown terrorism or self-radicalization is not a new phenomenon, as nationals of the respective country conduct the vast majority of typical nationalistic or politically motivated terrorist activity. The terms homegrown terrorism and homegrown violent extremism typically describe self-radicalized Western citizens or local residents. They adopt an extremist religious or political ideology hostile to Western societies and values and turn to terrorism. The word radicalization has many definitions in intelligence and law enforcement communities. According to the FBI, homegrown terrorism is “the process by which individuals come to believe their engagement in or facilitation of non-state violence to achieve social and political change is necessary and justified.”

Who and How The task of counterterrorism is more art than science. Radicalization, especially of Islamist extremists, has only recently become a serious topic of research by law enforcement organizations, intelligence agencies, and academia.

Research shows that in both Europe and the United States violent Islamist extremists represent a broad range of the population. In Western countries, most of these individuals have been nationals or have had legal status in the country. They are ethnically diverse, although in some European countries, the majority of identified Islamist terrorists comprise part of the largest immigrant Muslim community.

What is known is that most terrorists are male, but women also play a significant role. The majority of extremists are be- tween 20 and 30 years old, but older men—and sometimes women—should also be considered. Their educational backgrounds span the entire spectrum, from no formal qualifications to postgraduate degrees (although most work in relatively lowgrade jobs).

A disproportionately high number of Islamist extremists in the West converted to Islam, but this neither insinuates a general tendency toward radicalization among converts nor does it deny the fact that the majority of Islamist extremists were born into the Muslim faith.

The Self-Radicalization Process Extremists have many varied starting points and follow very different paths that lead to their ultimate involvement in terrorist activities. In the course of this research, several analyses of the radicalization of identified Islamist terrorists have been conducted, mainly based on data from law enforcement agencies and intelligence services.

Although these explanations are not completely consistent, they suggest a prevailing radicalization model composed of three main components: (1) grievance, (2) ideology, and (3) 223

mobilization.

Grievance Discontent appears to serve as the prerequisite of the radicalization process. Issues driving this attitude toward individuals in the West may include (1) perceived persecution of Muslims throughout the world; (2) a sense of uprootedness, alienation, or lack of acceptance; feelings of discrimination, especially among second- or third-generation immigrants; or (3) a general search for identity.

Ideology Ideological framing adopts this rambling feeling of discontent and leads it in a defined direction.

The idea of “us”—the ummah (com- munity) or ummat al-mu’minin (the community of the believers)— defending against “them”—the nonbelievers conducting an alleged war against Islam—secures a strong bond among the followers while alienating them from Western citizens.

This narrative typically finds its ideological footing in a form of Salafism, adherence to which is viewed as the ultimate distinguishing feature between right and wrong. Interpretations of Salafism range from a purely personal religious conviction with an emphasis on purifying the believer’s way of life to a jihadi orientation that demands its followers to take on the fight against Western governments and “apostate” Muslim (especially Middle Eastern) regimes held responsible for the suffering of all Muslims.

Mobilization From an investigative standpoint, mobilization is the only radicalization component involving specific actions possibly subject to criminal prosecution. Potential operatives are recruited by an extremist group or individual, small groups are prompted to form a terrorist cell of their own, and extremists begin preparing direct attacks or supporting others planning to attack.

Role of the Internet These online assets, serving as a sort of “virtual jihad university,” can play a role in all three radicalization components.

• • •

Grievance. The Internet allows rapid and widespread dissemination of information about events that may fuel grievances.

Ideology. Similarly, the Internet allows the extremist narrative to spread globally.

Mobilization. In a recent case in Germany, a 21-year-old extremist accused of fatally shooting two U.S. soldiers and wounding two others at the Frankfurt airport on March 2, 2011, claimed to be radicalized through the Internet and motivated to take action after seeing propaganda videos.

Assassination as a Terrorist Tactic 224

Assassination, when used as a terrorist tactic, is the targeted killing of a country’s public officials or individuals who represent the political, economic, military, security, social, religious, media, or cultural establishments. The killings can be motivated by ide- ology, religion, politics, or nationalism. Most terrorist groups conduct assassinations to eliminate enemies, intimidate the population, discourage cooperation, influence public opinion, decrease government effectiveness, gain media attention, or simply to exact revenge.

Tactics to Destabilize Terrorist Organizations The most visible and immediately effective tactic of U.S. terrorist financing strategy has been designating and blocking the ac- counts of terrorists and those associated with financing terrorist activity.

Alternative financial mechanisms to combat terrorist financing conducted through these mechanisms include the following measures: • • • • •

Protecting charities from terrorist abuse.

Regulating hawalas.

Controlling bulk cash smuggling.

Investigating trade-based terrorist financing.

Investigating terrorist cyberfundraising activities.

ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES Additional Links: www.justice.gov This is the official site of the Department of Justice. Visitors can read the USA PATRIOT Act in its entirety here; a PDF version of the bill is also available. In addition, visitors can view the Protect America Act, which also deals with the intelligence community and terrorism. www.state.gov This is the official site of the U.S. Department of State. The website menu includes policy issues, economics and energy, and arms control and security, to name a few. The site features a search engine, news and features, a media center, and careers links.

SUGGESTED ANSWERS TO END-OF-CHAPTER ASSIGNMENTS The Case: 1. The answer should include: The chapter has brought to light many realities of what terrorists do to disrupt our daily lives. Law enforcement must stay vigilant in analyzing 225

threats and infiltrating terrorist cells domestically and internationally. This is an enormous task given the size of the terrorist cell from as low as fifty to the thousands. All available tactics within the law should be used to gain intelligence of terrorists and destabilize their organizations.

Learning Outcomes 1: 1. What are the four primary elements of terrorism outlined in the federal Foreign Relations Authorization Act? Answer: Premeditated. Politically motivated. Violent. Committed against noncombatant targets, 2. Why is it difficult to provide a precise, universal definition of terrorism? Answer: There is no single, universally accepted definition of the word terrorism. It is defined in a number of ways by a number of organizations. Simply stated, terrorism is policy intended to intimidate or cause terror.

3. What types of geo-political organizations have practiced terrorism over the years?

Answer: Terrorism has been practiced by a broad array of political organizations to further their objectives. It has been practiced by right- and left-wing political parties, nationalistic groups, religious groups, revolutionaries, and ruling governments.

4. What form does terrorism take when practiced by ruling governments? Answer: This form of terrorism is typified by such events as the 1979 takeover of the U.S. embassy in Teheran and the bombings aimed against U.S. military personnel in the Middle East. Countries that support such activities are known as terrorist states. Iran, Syria, Afghanistan, Chile, Argentina, El Salvador, and Libya are among the most notorious state sponsors of terrorism.

5. Why is it difficult to create a terrorist profile? Answer: Persons who carry out such acts vary in age, race, and cultural background. In 1986, the President’s Task Force on Combating Terrorism (PTFCT) reported that an estimated 60 percent of the Third World population is under 20 years of age and half are 15 years or younger. This being the case, a volatile mixture of youthful aspirations coupled with economic and political frustrations tends to create a pool of possible terrorists in those countries.

6. Other than where the act is committed, how do domestic terrorism and international terrorism differ? Answer: Domestic terrorism is based in the United States and is carried out by Anti-government Americans. International terrorism is based overseas and attack the United States.

Learning Outcomes 2: 1. What types of specific tasks are involved in planning terrorist acts? Answer: Through their expansive organizational structure, many terrorists have the ability to acquire timely information on potential targets and the security precautions for these targets. If governmental pressures become more effective against them, terrorists will simply focus on easier targets.

2. What key criteria are used to describe terrorists and terrorist organizations? Answer: 226

Terrorists can be a part of a large organization or can act with only a few persons who share similar beliefs. Many terrorist organizations have memberships in the thousands. White points out that most terrorist groups have a membership of fewer than 50 people; under a command element, which usually consists of a few people, the group is divided according to specific tasks.

3. Why is the media an important player in terrorist attacks? Answer: The purpose of terrorism is to exploit the media in order to achieve maximum attainable publicity as an amplifying force multiplier in order to influence the targeted audience(s) in order to reach shortand midterm political goals and/or desired long-term end states.

4. How do terrorists gain access to the weapons used to carry out their acts of terror?

Answer: Terrorists’ weaponry often comes from the illegal international arms market and could originate with legitimate arms vendors, which are, to a great extent, unregulated.

5. How is the structure of terrorist groups similar to the structure of organized crime groups? Answer: “The only general characteristic of terror- ism generally agreed upon is that terrorism involves violence and the threat of violence.”15 However, the criterion of violence alone does not produce a useful definition because it includes many acts not usually considered terrorism, such as war, riot, organized crime, and even a simple assault.

Learning Outcomes 3: 1. How is terrorism categorized? Answer: White suggests that five distinct forms of terrorism can be considered: criminal terrorism, ideological terrorism, nationalistic terrorism, state-sponsored terrorism, and revolutionary terrorism.

2. How do ideological and revolutionary terrorism differ? Answer: Ideological terrorism is normally an effort to change the current political power. Revolutionary terrorism involves persons whose guerrilla-like tactics invoke fear in those holding political power and their supporters.

3. What countries are considered strong supporters of state-sponsored terrorism? Answer: Countries that support such activities are known as terrorist states. Iran, Syria, Afghanistan, Chile, Argentina, El Salvador, and Libya are among the most notorious state sponsors of terrorism.

4. What are the goals of state-sponsored terrorism? Answer: One is to achieve foreign policy objectives that could not otherwise be achieved through political or military means. Sometimes states sponsor terrorism to create or expand their power and influence among ideological movements. Other state-sponsored incidents attempt to stifle domestic opposition through assassination of dissidents abroad.

5. What are the consequences (positive and negative) of state-sponsored terrorism?

Answer: State-supported terrorists can benefit by receiving government assistance in arms or explosives, communications, travel documents, and safe havens for training operatives. Their actions are frequently difficult to trace, so the governments involved can maintain respectability 227

and legitimacy in the inter- national community while secretly financing and supporting terrorist activities to achieve their goals.

6. What are key tactics used by revolutionary terrorists? Answer: Revolutionary terrorism involves persons whose guerrilla-like tactics invoke fear in those holding political power and their supporters. The goal is to overthrow the current power base and replace it with political leaders who share the terrorists’ views. Common tactics used by revolutionary terrorists are kidnappings, bombings, and assassinations, all of which are skillfully designed to force the existing government to respond with repressive measures.

7. What is the ultimate goal of revolutionary terrorism? Answer: Overthrow of the current government.

Learning Outcomes 4: 1. Beyond the number of people killed, what were the implications of the 9/11 terrorist attacks on the United States? Answer: The attacks represented the first known case of suicide attacks carried out by international terrorists in the United States.

2. What terrorist group is considered the most dangerous threat to U.S. national security?

Why? Answer: In many ways, al-Qaeda in the Arabian Peninsula poses as serious a threat to the nation as core al-Qaeda, with two attempted attacks against the U.S. homeland between 2009 and 2011. While the tactics the original al-Qaeda developed and refined continue to threaten the United States, the inventive tactics created by the AQAP pose an additional threat.

3. What federal agencies are responsible for investigating and stopping terrorist threats against the United States? Answer: FBI, CIA, NSA, & Homeland Security.

4. What are the most notable recent terrorist threats against the United States and/or U.S. interests? Answer: Anwar al-Aulaqi—a former U.S.-based imam—briefly became the leader of the AQAP until he was killed on September 30, 2011. In the years before his death, Aulaqi played an increasingly operational role in the AQAP. He recruited individuals to join the group, facilitated training at camps in Yemen, and prepared Abdulmutallab for his attempted bombing of Northwest Flight 253.

Learning Outcomes 5: 1. What makes the use of the term Islamism problematic? Answer: Islamism is a controversial term, and definitions of it some- times vary. Leading Islamist thinkers emphasize the enforcement of sharia (Islamic law); of pan-Islamic political unity; and of the elimination of nonMuslim, particularly Western, military, economic, political, social, and cultural influences in the Muslim world, which they believe to be incompatible with Islam.

2. Why has the war in Iraq aggravated and intensified the anti-Western sentiment of some people in the Middle East? Answer: The failure to address the Palestinian question and, above all, the decision to make war on Iraq and the even more extraordinary mishandling of the postwar situation there have unquestionably motivated and encouraged jihadi activism across the 228

Muslim world.

3. Why is it important to distinguish between Islamists and Islamist terrorists? Answer: While ignoring the overwhelming majority of Islamists who have little or nothing to do with terror and making them virtually irrelevant and stigmatized in Western political discourse. . . . To ignore the complexity of political Islam and tar all Islamists with the same brush of terrorism guarantees bin Laden’s success.

4. What techniques are used by al-Qaeda to carry out its terror attacks? Answer: While the tactics the original al-Qaeda developed and refined continue to threaten the United States, the inventive tactics created by the AQAP pose an additional threat.

5. Until 2011, who was the leader of al-Qaeda?

Answer: Osama bin Laden

6. What is the most effective tactic to destabilize terrorist organizations? Answer: The most visible and immediately effective tactic of U.S. terrorist financing strategy has been designating and blocking the ac- counts of terrorists and those associated with financing terrorist activity.

Publicly designating terrorists, terrorist supporters, and facilitators and blocking their ability to receive and move funds through the world’s financial system has been and is a crucial component in the fight against terror- ism.

Learning Outcomes 6: 1. How does the U.S. State Department categorize weapons of mass destruction? Answer: They are chemical, biological, radiological, and nuclear.

2. What factors make investigating terrorist acts via chemical weapons more difficult?

Answer: The growth of the worldwide chemical industry, including the development of complex synthetic and dual-use materials, may make the task of investigating this threat more difficult.

3. The 2001 anthrax attacks are an example of what form of terrorism? Answer: Bioterrorism 4. Why is it more likely that a terrorist group can gain access to a radiological dispersal device than a nuclear weapon? Answer: Radioactive materials are widely used in industrial, medical, and research applications and include devices used for power supply in remote locations, cancer therapy, food and blood irradiation, and radiography. Their widespread use in nearly every country makes these materials much more accessible than the materials required for nuclear weapons.

Learning Outcomes 7: 1. How does the Patriot Act define acts of domestic terrorism? Answer: Under current U.S. law, set forth in the USA PATRIOT Act, acts of domestic terrorism are those 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—(a) to intimidate or coerce a civilian population; (b) to influence the policy of a government by intimidation or coercion; or (c) to affect the conduct of a 229

government by mass destruction, assassination, or kid- napping; and Occur primarily within the territorial jurisdiction of the United States.”

2. What organization may be deemed as the oldest and most recognizable terrorist organization in the United States? Answer: KKK 3. What kinds of tactics has this terror organization used throughout its history? Answer: The KKK used threats, violence, arson, and murder to further its white supremacist, anti-Semitic, anti-Catholic agenda.

4. Identify examples of “homegrown” terrorists. Answer: One of the most memorable is the 1995 bombing of the Murrah Federal Building in Oklahoma City. In that case, a powerful truck bomb exploded outside the federal building in downtown Oklahoma City. As a result, 168 people died and hundreds more were wounded.

5. What are some of the most recent examples of domestic terrorism? Answer: In March 2010, nine members of the Michigan-based Hutaree Militia were indicted for their alleged involvement in a plot to kill law enforcement officers. In January 2011, a pipe bomb was discovered at a Martin Luther King Day parade in Spokane, Washington, and a subject was arrested by the FBI’s Joint Terrorism Task Force (JTTF). In February 2011, three subjects were arrested on weapons and firearms charges in relation to alleged domestic terrorist activity in Fairbanks, Alaska.

6. How does the death of Osama bin Laden affect the direction of al-Qaeda? Answer: With the death of Osama bin Laden in 2011, the nature of terrorism has changed. Still, the threat of terrorism on U.S. soil is a current and ongoing concern. We need only to look back a few years to see the relentless efforts of terrorists to target U.S. interests at home and abroad.

Learning Outcomes 8: 1. Explain the meaning of the term self radicalized. Answer: Although these explanations are not completely consistent, they suggest a prevailing radicalization model composed of three main components: (1) grievance, (2) ideology, and (3) mobilization.

2. In what ways does self-radicalized terrorism present itself to the criminal investigator in American policing? Answer: From an investigative standpoint, mobilization is the only radicalization component involving specific actions possibly subject to criminal prosecution.

Potential operatives are recruited by an extremist group or individual, small groups are prompted to form a terrorist cell of their own, and extremists begin preparing direct attacks or supporting others planning to attack.

3. What investigative techniques can be adopted to address the problem of self-radicalized terrorism? Answer: Logically, law enforcement and intelligence resources will focus on mobilization because activities conducted in this latter stage of radicalization present the opportunity to make arrests.

230

Learning Outcomes 9: 1. Explain how the assets of terrorists can be identified. Answer: Publicly designating terrorists, terrorist supporters, and facilitators and blocking their ability to receive and move funds through the world’s financial system has been and is a crucial component in the fight against terror- ism.

2. Identify the U.S. government organizations that identify and block the assets of terroristrelated individuals. Answer: The Department of the Treasury’s Office of Enforcement, in conjunction with the Treasury’s Office of International Affairs and the Office of Foreign Assets Control, has helped lead U.S. efforts to identify and block the assets of terrorist-related individuals and entities within the United States and worldwide.

3. Describe the alternative financial mechanisms to combat terrorist financing. Answer: Bulk cash smuggling has proven to be yet another means of financing adopted by terrorists and their financiers. Customs has executed 650 bulk cash seizures totaling $21 million, including $12.9 million with Middle East connections. Pursuing bulk cash smuggling from a domestic perspective, however, is not enough; disruption of this tactic requires a global approach.

4. In what ways can hawalas and other informal value-transfer systems of terrorist financing be identified and stopped? Answer: In some nations, hawalas are illegal; in others, they are active but unregulated. It is therefore difficult to accurately mea- sure the total volume of financial activity associated with the system; however, it is estimated that, at a minimum, tens of billions of dollars flow through hawalas and other informal value-transfer systems on an annual basis.

231

TEST BANK

232

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 1 Foundations of Criminal Investigation 1.1 Multiple Choice Questions 1) Thief catchers were hired during the crime wave in England during the 18th and 19th centuries and were identified as: A) Hirelings B) Social climbers C) Rent a cops D) Both A and B Answer: D Page Ref: 3 Objective: Explain the history of criminal investigation.

Level: Basic 2) The Bow Street Runners were established by: A) Sir Robert Peel B) Henry Fielding C) Frances Smith D) Sir Arthur Conan Doyle Answer: B Page Ref: 3 Objective: Explain the history of criminal investigation.

Level: Basic 3) England's first paid, full-time police force, the London Metropolitan Police Department, was named after: A) Sir Robert Peel B) Henry Fielding C) Frances Smith D) Sir Arthur Conan Doyle Answer: A Page Ref: 3 Objective: Explain the history of criminal investigation.

Level: Basic 4) Which of the following U.S. city established the first professional police force?

A) Boston B) New York C) Philadelphia D) Washington, D.C. Answer: A Page Ref: 4 Objective: Explain the history of criminal investigation.

Level: Basic 233

5) The first criminal investigation agency in the United States was the: A) William J. Burns Detective Agency B) Pinkerton National Detective Agency C) United States Investigative Agency D) Private Eye Investigative Agency Answer: B Page Ref: 4 Objective: Explain the history of criminal investigation.

Level: Basic 6) Thomas Byrnes, the chief detective of New York City, at 9:00 a.m. marched all of the criminals who had been arrested the previous 24 hours before his detectives. This became known as the: A) Parade of Criminals B) Byrnes' Parade of Offenders C) Mulberry Street Morning Parade D) 12th Precinct Parade Answer: C Page Ref: 5 Objective: Explain the history of criminal investigation.

Level: Basic 7) The single most significant development in criminal investigation in the United States was the establishment of the ________ in 1924.

A) Secret Service B) Border Patrol C) DEA D) FBI Answer: D Page Ref: 5 Objective: Explain the history of criminal investigation.

Level: Basic 8) The FBI's early contributions included: A) The National Academy B) A crime laboratory that was available to state and local police C) The National Crime Information Center (NCIC) D) All of the above Answer: D Page Ref: 6 Objective: Explain the history of criminal investigation.

Level: Intermediate

234

9) August Vollmer's contribution to policing included all but which of the following?

A) World's first police school B) First police chief to require officers to get a college degree C) Hiring the first African-American and female officer D) Inventing the intoxilyzer Answer: D Page Ref: 7 Objective: Explain the history of criminal investigation.

Level: Intermediate 10) To date, all crime scenes are searched based on Edmund Locard's principle, which states: A) Whenever a perpetrator come into contact with the scene they either leave or take something away.

B) Always secure the crime scene before anything is touched.

C) There is always evidence at a crime scene.

D) Both B and C Answer: A Page Ref: 7 Objective: Explain the history of criminal investigation.

Level: Intermediate 11) The Bertillon system, also known as anthropometry, was based on: A) The belief that no two humans had the same fingerprints B) The idea that certain aspects of the human body remained the same after a person reached a full physical maturity C) The idea that no two humans shared the same DNA D) All of the above Answer: B Page Ref: 7 Objective: Explain the history of criminal investigation.

Level: Basic 12) ________ is concerned with determining the cause of death by examination of a corpse.

A) Forensic serology B) Forensic oncology C) Forensic entomology D) Forensic pathology Answer: D Page Ref: 9 Objective: Identify how research affects criminal investigation.

Level: Basic

235

13) Which of the following is NOT a manner of death?

A) Accidental B) Natural C) Undetermined D) Drowning Answer: C Page Ref: 9 Objective: Identify how research affects criminal investigation.

Level: Basic 14) Which of the following is a responsibility of a pathologist?

A) Examine and document wounds and injuries B) Collect and examine tissue specimens under the microscope C) Serve as an expert witness in civil or criminal cases D) All of the above Answer: D Page Ref: 9 Objective: Identify how research affects criminal investigation.

Level: Basic 15) In the late 1970s, the National Institute of Law Enforcement and Criminal Justice awarded a grant to the RAND Corporation to undertake a nationwide study of criminal investigations by police agencies in major U.S. cities. Which of the statements below identify a major recommendation of this study?

A) Less serious crimes, such as drug violations, gambling, and prostitution, are major causes of serious crimes such as murder, rape, and robbery.

B) Patrol officers should be afforded greater responsibilities in conducting preliminary investigations, providing greater case-screening capabilities for investigators while eliminating redundancy.

C) There should be less emphasis on increased forensic resources for processing latent fingerprints and more emphasis on intelligence gathering.

D) Crimes that require special investigative abilities should be handled by patrol officers and thus agencies should eliminate specialized investigators.

Answer: B Page Ref: 10-11 Objective: Identify how research affects criminal investigation.

Level: Intermediate

236

16) Which of the following statements is a major recommendation that arose from the PERF study?

A) Since physical evidence is seldom used in identifying suspects, less emphasis should be placed on gathering such evidence.

B) Police departments should develop policies and guidelines encouraging the use of evidence technicians in routine cases such as burglary and robbery even when there has been no physical injury to victims.

C) Greater emphasis should be placed on the collection and use of physical evidence because it can be effective in corroborating other evidence of suspect identification.

D) Police officers should limit time locating witnesses through the use of a neighborhood canvass since this effort is highly ineffective and thus wastes critical time required to solve cases.

Answer: C Page Ref: 11 Objective: Identify how research affects criminal investigation.

Level: Basic 17) Because of the changing nature of criminal activity and the role of the investigator, the objectives of a criminal investigation may be more complex than people imagine. Which of the following are objectives of criminal investigations?

A) Locate and identify a suspect for every crime and obtain a 100% conviction rate.

B) Convict all suspects and recover stolen property.

C) Recover stolen property and prepare sound criminal cases for prosecution.

D) Conduct searches and obtain convictions in all cases regardless of guilt.

Answer: C Page Ref: 11 Objective: Discuss the objectives of criminal investigation.

Level: Intermediate 18) ________ is reasoning that takes us beyond what we know to conclusions about what we don't know.

A) Inductive reasoning B) Deductive reasoning C) Intuitive reasoning D) Logical reasoning Answer: A Page Ref: 12 Objective: Distinguish the difference between inductive and deductive reasoning.

Level: Intermediate

237

19) ________ addresses crimes that have already occurred, such as murder, robbery and burglary.

A) Reactive response B) Proactive response C) Preventative response D) Aggressive response Answer: A Page Ref: 15 Objective: Discuss the objectives of criminal investigation.

Level: Basic 20) ________ deterrence is achieved by arresting the criminal and by aggressive prosecution.

A) Reactive response B) Proactive response C) Preventative response D) Aggressive response Answer: C Page Ref: 15 Objective: Discuss the objectives of criminal investigation.

Level: Basic 21) ________ is where the investigation is conducted before the crime is committed and the suspect identified before they commit the crime.

A) Reactive response B) Proactive response C) Preventative response D) Aggressive response Answer: B Page Ref: 15 Objective: Discuss the objectives of criminal investigation.

Level: Basic 22) Which of the following is NOT a benefit of the changing role of the patrol officer as an investigator?

A) The cases are handled completely and expeditiously.

B) The frequency of morale problems among patrol officers has decreased.

C) There is no longer a need for full-time investigators.

D) There is better management of the entire investigative effort by the police administrator.

Answer: C Page Ref: 16 Objective: Explain the expanding role of the patrol officer as a criminal investigator.

Level: Basic

238

23) Primary solvability factors include: A) Immediate availability of witnesses B) Discovery of useful physical evidence C) Information about significant physical evidence D) All of the above Answer: D Page Ref: 17 Objective: Discuss the solvability factors in a criminal investigation.

Level: Intermediate 24) What is NOT one of the objectives in the preliminary investigation?

A) Determine what happened.

B) Determine what further investigative steps would be taken.

C) Record what has been done, what has been learned, and what is left to be done.

D) Prepare case jacket for the prosecutor.

Answer: D Page Ref: 17 Objective: Describe the preliminary investigation process.

Level: Basic 25) Unless the patrol officer is able to make an immediate, on-scene arrest, 12 essential questions need direct answers to determine the solvability of the case. Based on the following facts, use the solvability factors identified in the text to answer the solvability question in this case: A 32-year-old woman was physically assaulted by her live-in boyfriend. He used a lamp to strike the woman in the back of the head while she was attempting to escape his grasp during an argument. The man left the scene prior to police arriving.

A) Because there are no other witnesses, this case is not easily solvable. It is a "he-said, she-said" situation. Refer the woman to the domestic abuse shelter for counseling and services and close the case.

B) The man has left the scene and his current whereabouts are unknown. Because of this, the case is not easily solvable. Keep the case open but suspend active investigation duties. Refer the woman to the domestic abuse shelter for counseling and services.

C) This case is highly solvable. Collect statements and evidence, obtain an arrest warrant, document the scene and refer the woman to the domestic abuse shelter for counseling and services.

D) There is not enough information given in the scenario to determine the solvability of the case.

Answer: C Page Ref: 17 Objective: Discuss the solvability factors in a criminal investigation.

Level: Intermediate

239

26) A police officer is dispatched to a robbery in progress. When the officer arrives at the scene, he observes the suspect fleeing on foot. The officer also observes a man lying on the ground with a severely bleeding wound near his neck saying, "Help me! I've been stabbed!" What is the FIRST duty of police officer at the scene of this crime?

A) The officer should pursue the suspect because of the "greater danger' principle.

B) The officer should call for an ambulance first, and then pursue the suspect because of the "greater danger' principle.

C) The officer should determine if the injuries are immediately life-threatening and if not, the officer should pursue the suspect while calling for an ambulance.

D) The officer should administer first aid immediately then obtain medical assistance for the injured victim.

Answer: D Page Ref: 18 Objective: Explain the expanding role of the patrol officer as a criminal investigator.

Level: Intermediate 1.2 True/False Questions 1) Thief catchers recruited from the riffraff of the streets to aid law enforcement officials in locating criminals.

Answer: TRUE Page Ref: 3 Objective: Explain the history of criminal investigation.

Level: Basic 2) One of the first professional police forces were established in Dallas, Texas in 1822.

Answer: FALSE Page Ref: 4 Objective: Explain the history of criminal investigation.

Level: Basic 3) Edgar Hoover became head of the FBI in 1924.

Answer: TRUE Page Ref: 6 Objective: Explain the history of criminal investigation.

Level: Basic 4) The Harrison Act of 1914 made the distribution of non-medical drugs a federal crime.

Answer: TRUE Page Ref: 6 Objective: Explain the history of criminal investigation.

Level: Basic

240

5) August Vollmer is one of the most important figures in the historic evolution of professional policing.

Answer: TRUE Page Ref: 7 Objective: Explain the history of criminal investigation.

Level: Basic 6) Dactylography is the study of fingerprints.

Answer: TRUE Page Ref: 7 Objective: Identify how research affects criminal investigation.

Level: Basic 7) The manner of death can never be listed as undetermined. A determination always should be stated.

Answer: FALSE Page Ref: 9 Objective: Discuss the objectives of criminal investigation.

Level: Basic 8) The focus of the RAND study was the investigation of "index" offenses: those serious crimes such as murder, robbery and rape.

Answer: TRUE Page Ref: 9 Objective: Identify how research affects criminal investigation.

Level: Intermediate 9) A police force that adopts the recommendations of the PERF study would direct officers to make greater efforts to canvass the neighborhood in locating witnesses to a crime.

Answer: TRUE Page Ref: 11 Objective: Identify how research affects criminal investigation.

Level: Intermediate 10) An example of strong inductive reasoning would be, "I always hang pictures on nails; therefore, all pictures hang from nails."

Answer: FALSE Page Ref: 12 Objective: Distinguish the difference between inductive and deductive reasoning.

Level: Intermediate 11) A reactive response addresses crimes that have already occurred, such as murder and robbery.

Answer: TRUE Page Ref: 15 Objective: Discuss the objectives of criminal investigation.

241

Level: Basic 12) The patrol officer has the authority to initiate and complete investigation of certain classifications of crime, such as all misdemeanors.

Answer: TRUE Page Ref: 14 Objective: Explain the expanding role of the patrol officer as a criminal investigator.

Level: Basic 13) Investigators looks to see if the same method of operation was used in other crimes, therefore, possibly linking them as signature crimes.

Answer: TRUE Page Ref: 17 Objective: Discuss the objectives of criminal investigation.

Level: Intermediate 14) The first goal of the responding officer to a crime is to secure the scene.

Answer: FALSE Page Ref: 18 Objective: Explain the expanding role of the patrol officer as a criminal investigator.

Level: Basic 15) If possible, the victim of a crime should be the first person interviewed.

Answer: TRUE Page Ref: 19 Objective: Discuss the solvability factors in a criminal investigation.

Level: Basic 1.3 Fill in the Blank Questions 1) Allan Pinkerton was the first in criminal investigations to devise a(n) ________ gallery, which was a compilation of descriptions, methods of operation, hiding places, and names of associates of known criminals.

Answer: Rogues' Page Ref: 4 Objective: Explain the history of criminal investigation.

Level: Intermediate 2) Two classes of thief catchers, early law enforcement, in England were identified: ________ whose motivations were mercenary in nature; and social climbers who would implicate their accomplices in order to move up the social ladder.

Answer: Hirelings Page Ref: 3 Objective: Explain the history of criminal investigation.

Level: Basic

242

3) Probably the single most significant development in criminal investigation in the United States was the establishment of the ________ in 1924.

Answer: FBI Page Ref: 5 Objective: Explain the history of criminal investigation.

Level: Basic 4) The ________ generation believed that government intervention was necessary to produce justice in an industrial society.

Answer: Progressive Page Ref: 5 Objective: Explain the history of criminal investigation.

Level: Basic 5) In 1967, the National Crime ________ Center was made operational by the FBI, providing data on wanted persons and property stolen from all 50 states.

Answer: Information Page Ref: 6 Objective: Explain the history of criminal investigation.

Level: Basic 6) August ________, a former Chief of Police in Berkeley, California, is one of the most important figures in the historic evolution of professional policing due to his numerous contributions to the field.

Answer: Vollmer Page Ref: 7 Objective: Explain the history of criminal investigation.

Level: Basic 7) The first major book describing the application of scientific disciplines to criminal investigation was written in 1893 by Hans ________.

Answer: Gross Page Ref: 7 Objective: Explain the history of criminal investigation.

Level: Basic 8) Edmond Locard, known for the principle bearing his name, is also recognized as the father of ________, the study of pores, and for advocating that if there were 12 points of agreement between two compared fingerprints the identity was certain.

Answer: Poroscopy Page Ref: 7 Objective: Explain the history of criminal investigation.

Level: Intermediate

243

9) ________ is the study of fingerprints.

Answer: Dactylography Page Ref: 7 Objective: Identify how research affects criminal investigation.

Level: Basic 10) ________ pathology is a branch of pathology concerned with determining the cause of death by examination of a corpse.

Answer: Forensic Page Ref: 9 Objective: Identify how research affects criminal investigation.

Level: Basic 11) ________ reasoning is reasoning based on specific pieces of evidence to establish proof that a suspect is guilty of an offense.

Answer: Deductive Page Ref: 12 Objective: Distinguish the difference between inductive and deductive reasoning.

Level: Intermediate 12) The crime-scene unit can be described as a specialized investigative unit that supports the crime scene investigation by identifying, documenting and preserving ________.

Answer: Evidence Page Ref: 15 Objective: Discuss the objectives of criminal investigation.

Level: Basic 13) A reporting format that logically guides the identification leads that experience and research have demonstrated are most likely to result in case solution is also known as ________ factors.

Answer: Solvability Page Ref: 16 Objective: Discuss the solvability factors in a criminal investigation.

Level: Intermediate 14) The ________ investigation is the responsibility of the first officer at the crime scene.

Answer: Preliminary Page Ref: 17 Objective: Explain the expanding role of the patrol officer as a criminal investigator.

Level: Basic 15) ________ was a term for the English police used in reference to Robert Peel and was a term of respect and appreciation.

Answer: Bobbies Page Ref: 3 Objective: Explain the history of criminal investigation.

Level: Basic 244

16) The criminal investigator must use ________ thinking with known scientific methods in their investigations.

Answer: Critical Page Ref: 13 Objective: Distinguish the difference between inductive and deductive reasoning.

Level: Intermediate 17) Critical thinking deliberately evaluates the ________ of thinking.

Answer: Quality Page Ref: 14 Objective: Distinguish the difference between inductive and deductive reasoning.

Level: Intermediate 18) The premise behind criminal investigation is that people make ________ while committing crimes.

Answer: Mistakes Page Ref: 11 Objective: Discuss the objectives of criminal investigation.

Level: Intermediate

245

1.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Names after Sir Robert Peel B) First police to work at night C) Scientific analysis of blood D) Prevention through deterrence E) Crimes have already occurred F) Henry Fielding's crime fighters G) Study of fingerprints H) Aided law enforcement in locating criminals I) Guide investigation to case resolution J) Crime investigation prior to it happening 1) Reactive response Page Ref: n/a Objective: n/a Level: Intermediate 2) Proactive response Page Ref: n/a Objective: n/a Level: Intermediate 3) Preventative response Page Ref: n/a Objective: n/a Level: Intermediate 4) Solvability factors Page Ref: n/a Objective: n/a Level: Intermediate 5) Bobbies Page Ref: n/a Objective: n/a Level: Intermediate 6) Thief catchers Page Ref: n/a Objective: n/a Level: Intermediate

246

7) Old Charley's Page Ref: n/a Objective: n/a Level: Intermediate 8) Bow Street Runners Page Ref: n/a Objective: n/a Level: Intermediate 9) Dactylography Page Ref: n/a Objective: n/a Level: Intermediate 10) Serology Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) E 2) J 3) D 4) I 5) A 6) H 7) B 8) F 9) G 10) C 1.5 Essay Questions 1) Discuss the crime-scene technician's role and responsibilities in investigating the crime scene.

Answer: The crime-scene technician is the person trained to respond to the scene of a crime and identify, collect, and preserve evidence. The technicians may be sworn or non-sworn, but they must have specialized training.

Page Ref: 15 Objective: Identify how research affects criminal investigation.

Level: Basic 2) Describe and explain characteristics that best define a professional criminal investigator according to the National Institute of Justice study.

Answer: According to NIJ the most commonly desired characteristics include: motivation, intuition, stability, judgement, street knowledge, teamwork, persistence, reliability, intelligence, dedication, and integrity. Explanations for each may vary.

Page Ref: 15 Objective: Explain the expanding role of the patrol officer as a criminal investigator.

Level: Intermediate

247

3) Why is the creation of the FBI considered one of the most significant developments in the history of law enforcement in America?

Answer: The FBI was established with the progressive philosophy and used the best and most well-trained corps of special agents to create a federal investigative service. Federal investigation agencies didn't exist at the time.

Page Ref: 5-6 Objective: Explain the history of criminal investigation.

Level: Intermediate 4) Explain and describe what solvability factors associated with a criminal investigation involves and their importance.

Answer: Solvability factors are identification leads that have proven to be valuable and are most likely to result in case solution. Examples include availability of witnesses, information about the suspect, significant physical evidence, and judgment by the patrol officer that there is enough information to continue an investigation. Additional solvability factors may also be included.

Page Ref: 16-17 Objective: Discuss the solvability factors in a criminal investigation.

Level: Intermediate 5) Distinguish the difference between inductive and deductive reasoning. How is the skill of critical thinking linked to this analysis?

Answer: After an initial evaluation of evidence in a case, the criminal investigator draws conclusions through a process of reasoning. This process is typically achieved through inductive or deductive reasoning. Inductive reasoning is sometimes called inductive logic; it is reasoning that takes us beyond what we know (our current evidence or information) to conclusions about what we don't know. Deductive reasoning is reasoning based on specific pieces of evidence to establish proof that a suspect is guilty of an offense. Using inductive and deductive reasoning allows officers and investigators to anticipate possible scenarios surrounding an event, and this allows the officer or investigator to gather evidence to support the case or consider evidence that may exonerate innocent parties.

Page Ref: 12-13 Objective: Distinguish the difference between inductive and deductive reasoning.

Level: Intermediate 1.6 Critical Thinking Questions 1) Give your opinion as to the most preferred method of reasoning for most criminal investigations: Inductive or Deductive? Why? Give an example to illustrate and support your answer.

Answer: Answers will vary.

Page Ref: 12-13 Objective: Distinguish the difference between inductive and deductive reasoning.

Level: Difficult

248

2) Should all patrol officers, as a matter of academy training, be cross-trained as crime-scene technicians? Why or why not?

Answer: Answers will vary, but should include a discussion of the skills involved with patrol and crime-scene processing.

Page Ref: 14-19 Objective: Explain the expanding role of the patrol officer as a criminal investigator.

Level: Difficult

249

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 2 The Crime Scene: Field Notes, Documenting, and Reporting 2.1 Multiple Choice Questions 1) Generally, when should police officers begin to take notes?

A) As soon as an officer gets a call to the scene of a crime B) Immediately upon arrival at the scene and as soon as the scene is rendered SAFE C) Note taking is a personal process and best determined by each officer's personal preference.

D) Immediately following the first victim interview at the scene Answer: A Page Ref: 26 Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Basic 2) When taking field notes on a home burglary, which of the following details is of least initial value?

A) Insurance company, coverage and deductible B) Location possible entry point C) Location of possible exit point D) Make model and serial number(s) of items removed from scene Answer: A Page Ref: 26 Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Basic 3) Which of the following is the essential element of a police report?

A) Hearsay information B) Investigative speculation C) Factuality D) Professional opinion Answer: C Page Ref: 27 Objective: Identify the main components of a fact sheet or initial complaint.

Level: Basic

250

4) When first encountering a witness or victim, it is important for the investigator to allow the person to state in his or her own words what occurred. This is best accomplished: A) By asking the person simple, direct questions about chronological details such as, "What did you see when you first arrived?"

B) By creating a private setting and allowing the person to write down everything that happened and after this is accomplished, clarify the written statement with specific follow-up questions.

C) By instructing all victims and witnesses to refrain from talking until investigators arrive to formally get their statements.

D) By asking the simple question, "What happened?"

Answer: D Page Ref: 26 Objective: Identify the qualities of a good investigative report.

Level: Basic 5) Which of the following should be included in a police officer's field notes?

A) Dates, times, and locations B) Victim identification C) Lost personal property descriptions D) All of the above should be in an officer's field notes.

Answer: D Page Ref: 26 Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Difficult 6) When preparing the investigative report, it is essential that the investigator avoid including which of the following in the report?

A) Details B) Excess information which may confuse the reader C) Investigative facts D) Dates and times Answer: B Page Ref: 29 Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Basic 7) When documenting witness interviews, the investigator should make every effort to identify unsubstantiated "facts" and: A) Omit them from the report B) Attempt to clarify their meaning C) Clearly identify these as opinions D) Presume that the witness is correct Answer: C Page Ref: 30 Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Intermediate

251

8) The "…who, what, where, when, how and (sometimes) why" of a case is primarily incorporated into which of the following reporting methods?

A) Field notes B) Field Interview cards C) Investigative reports D) Supplemental reports Answer: D Page Ref: 30 Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Intermediate 9) The principal requirement(s) of photograph admissibility is/are: A) Clarity and composition B) Color and angle C) Authentication and relevance D) Image comparison Answer: C Page Ref: 31 Objective: Summarize the legal precedents for the admissibility of photographs as evidence in court.

Level: Intermediate 10) The primary stages of crime scene photographs are the: A) Longshot and close-up B) General, medium-range and close-up C) Overall and detailed D) Multiple perspective shots Answer: B Page Ref: 32 Objective: Explain the types of photography commonly used in criminal investigations.

Level: Intermediate 11) In order to preserve the integrity of their content, original crime scene digital photographic images should be transferred to and stored (without any alterations) on a: A) "Master disk" B) Storage drive C) "Working copy" D) SD card or Memory Stick™ Answer: A Page Ref: 32 Objective: Explain the types of photography commonly used in criminal investigations.

Level: Intermediate

252

12) Photographing the crime scene should be conducted: A) Whenever convenient B) During daylight hours C) In a timely fashion D) After the crime scene sketch has been completed Answer: C Page Ref: 32 Objective: Explain the types of photography commonly used in criminal investigations.

Level: Intermediate 13) Artificial lighting of a crime scene may create shadows or washed out portions of a photo, causing: A) Loss of details B) Blurred images C) Color changes D) Loss of perspective Answer: A Page Ref: 33 Objective: Explain the types of photography commonly used in criminal investigations.

Level: Intermediate 14) Which of the following is NOT a type of distorted photograph?

A) Incorrect point of view B) Perspective C) Relevant D) Tone or color misrepresentation Answer: C Page Ref: 34 Objective: Explain the correct methods for photographing a crime scene.

Level: Intermediate 15) Which of the following methods is best for sketching an outdoor crime scene that does not have easily identifiable points of reference?

A) Cross-projection method B) Baseline technique C) Coordinate method D) Triangulation method Answer: D Page Ref: 37 Objective: Describe how crime-scene sketches are made.

Level: Intermediate

253

16) A homicide scene includes a gunshot victim on the floor, two apparent bullet holes in the wall and apparent blood spatter on a wall, desk and telephone. Several fired handgun cartridge casings and a knife area also on the floor next to the body. Which crime scene measuring system would be best suited to most accurately document this scene?

A) Triangulation method B) Baseline method C) Hybrid cross/base spectrum method D) Cross-projection method Answer: D Page Ref: 37 Objective: Describe how crime-scene sketches are made.

Level: Intermediate 17) In order to best document the perspective of a fired bullet casing on the floor of a crime scene, the photographer should: A) Take the first photograph at close range and the second from at least at least 6 feet away B) Photograph the item at the closest possible range, with a police item marker in plain view C) Photograph the item at a range not to be more than 6 inches away D) None of the above are techniques that show the item in perspective.

Answer: A Page Ref: 34 Objective: Explain the correct methods for photographing a crime scene.

Level: Intermediate 18) While "markers" such as rulers, tapes and coins are commonly used in crime scenes, their inclusion in crime scene photographs is: A) Generally discouraged, since it may attract the viewer's attention B) A generally accepted practice C) An issue determined by the court D) Strictly forbidden Answer: B Page Ref: 33 Objective: Explain the correct methods for photographing a crime scene.

Level: Intermediate 19) The best method of organizing crime scene photos is by using a: A) File folder B) 3-ring binder C) Photographic log D) None of the above Answer: C Page Ref: 35 Objective: Explain the correct methods for photographing a crime scene.

Level: Basic

254

20) Covert surveillance photography is selective and often used for: A) Identification of physical locations of criminal activity B) Robbery deterrence and suspect identification C) Illegal transaction documentation D) All of the above Answer: D Page Ref: 35 Objective: Explain the types of photography commonly used in criminal investigations.

Level: Basic 2.2 True/False Questions 1) Ideally, an officer should begin to take notes after she has arrived at the crime scene, after all evidence has been located (including witnesses), but before any arrests are made.

Answer: FALSE Page Ref: 26 Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Basic 2) The investigator's field notes should include the date and time of assignment to the case.

Answer: TRUE Page Ref: 26 Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Basic 3) Officers usually write field notes in the order in which information was learned, rather than in chronological order.

Answer: TRUE Page Ref: 26 Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Basic 4) Typically, crime scene photographers should take between 25 and 50 photos, depending on the nature and complexity of the crime.

Answer: FALSE Page Ref: 32 Objective: Explain the correct methods for photographing a crime scene.

Level: Intermediate 5) Photos frequently convey information more accurately than does an officer's verbal explanation.

Answer: TRUE Page Ref: 32 Objective: Explain the correct methods for photographing a crime scene.

Level: Basic

255

6) As a rule, the crime scene photographer will find that natural light at the scene is adequate for good-quality photos.

Answer: FALSE Page Ref: 33 Objective: Explain the correct methods for photographing a crime scene.

Level: Basic 7) The face sheet contains the summary of an investigation.

Answer: TRUE Page Ref: 30 Objective: Identify the main components of a fact sheet or initial complaint.

Level: Basic 8) Investigators should remember that it is the officer's memory, not the official police report, that is the backbone of the criminal prosecution process.

Answer: FALSE Page Ref: 27 Objective: Identify the qualities of a good investigative report.

Level: Basic 9) A rough sketch is one drawn by the police officer at the crime scene and is not generally drawn to scale.

Answer: TRUE Page Ref: 36 Objective: Describe how crime-scene sketches are made.

Level: Basic 10) It is vital when prosecuting a case that the person who took the photos of a crime scene is the one who testifies about them in court.

Answer: FALSE Page Ref: 31 Objective: Determine what types of information should be included in a photographic log.

Level: Basic 11) The finished sketch is simply a completed sketch drawn from information contained in photographs or from the drawer's memory.

Answer: FALSE Page Ref: 36 Objective: Describe how crime-scene sketches are made.

Level: Intermediate 12) One disadvantage of photographs is that they don't show the true or actual distances.

Answer: TRUE Page Ref: 33 Objective: Explain the correct methods for photographing a crime scene.

Level: Basic 256

13) Copies of written statements given by witnesses are not elements of the official report.

Answer: FALSE Page Ref: 30 Objective: Identify the main components of a fact sheet or initial complaint.

Level: Intermediate 14) Word choice in a report is not important as long as the prosecutor understands what was meant by a police officer.

Answer: FALSE Page Ref: 29 Objective: Identify the qualities of a good investigative report.

Level: Intermediate 15) The third step in report writing is organizing the information.

Answer: TRUE Page Ref: 28 Objective: Identify the qualities of a good investigative report.

Level: Intermediate 2.3 Fill in the Blank Questions 1) ________ notes made during the search of a crime scene are the basic record of the search and the evidence discovered.

Answer: Field Page Ref: 26 Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Intermediate 2) The ________ process should begin as soon as an officer gets a call to the scene of a crime.

Answer: Note-taking Page Ref: 26 Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Intermediate 3) When first encountering a witness or a victim, it is important for the investigator to allow the person to state in his or her own words what occurred. This is best accomplished by asking the simple question, "what ________"?

Answer: Happened Page Ref: 26 Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Difficult 4) Field notes may be required later as ________ in court.

Answer: Evidence Page Ref: 26 257

Objective: Explain what specific field notes should be taken during a criminal investigation.

Level: Intermediate 5) The ________ sheet, or initial page, of the initial complaint contains a summary of an investigation.

Answer: Face Page Ref: 30 Objective: Identify the qualities of a good investigative report.

Level: Basic 6) Information should be ________ before stating it as fact in an official report.

Answer: Verified Page Ref: 28 Objective: Identify the qualities of a good investigative report.

Level: Intermediate 7) Measurements for a crime scene sketch should extend along and from ________ and identifiable points.

Answer: Fixed Page Ref: 36 Objective: Describe how crime-scene sketches are made.

Level: Intermediate 8) The ________ sketch is simply a completed sketch drawn from information contained in photographs or from the drawer's memory.

Answer: Finished Page Ref: 36 Objective: Describe how crime-scene sketches are made.

Level: Basic 9) A(n) ________ sketch is one drawn by the police officer at the crime scene and is not generally drawn to scale.

Answer: Rough Page Ref: 36 Objective: Describe how crime-scene sketches are made.

Level: Basic 10) The ________ police report is the backbone of the criminal prosecution process.

Answer: Official Page Ref: 27 Objective: Summarize the legal precedents for the admissibility of photographs as evidence in court.

Level: Intermediate

258

2.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Method of operation B) Required to admit into evidence C) Element of a report D) Initial page E) 2nd party information F) Crime scene measuring technique using a line drawn between two points G) List of who handles evidence H) Items place in crime-scene phone to enable view to get a sense of size or distance I) Evidentiary items J) Time/manner complaint was received 1) Hearsay Page Ref: n/a Objective: n/a Level: Intermediate 2) Chain of custody Page Ref: n/a Objective: n/a Level: Intermediate 3) Weapon Page Ref: n/a Objective: n/a Level: Intermediate 4) Preliminary information Page Ref: n/a Objective: n/a Level: Intermediate 5) Physical evidence Page Ref: n/a Objective: n/a Level: Intermediate 6) Modus operandi Page Ref: n/a Objective: n/a Level: Intermediate

259

7) Face sheet Page Ref: n/a Objective: n/a Level: Intermediate 8) Authentication Page Ref: n/a Objective: n/a Level: Intermediate 9) Markers Page Ref: n/a Objective: n/a Level: Intermediate 10) Baseline technique Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) E 2) G 3) C 4) J 5) I 6) A 7) D 8) B 9) H 10) F 2.5 Essay Questions 1) For each official police report, there must be sufficient information to define and describe the accounts of a crime. List a minimum of 5 areas of information which should be contained within this report.

Answer: Answers will vary as there are more than five sections in the official police report.

Answers may include: Type of offense, date and time of offense, location of violation, description of a suspect vehicle, description of weapons possessed by suspect, description of how the violation was discovered, who was involved, descriptions of evidence in the case, and evidence which was seized.

Page Ref: 26-28 Objective: Identify the qualities of a good investigative report.

Level: Intermediate 2) Define and discuss the advantages and disadvantages to taking crime scene photographs.

Answer: Advantages: provide easy storage and retrieval data at the crime scene, remove many inferences by practically placing the judge/jury at the crime scene, and gives the investigator a source of reference as to the location of evidence at the crime scene. Disadvantages: does not show true or actual distances, can distort color or perceptions, and they can be ruined by mechanical errors in processing. Additional information may also be included.

Page Ref: 31-33 Objective: Explain the correct methods for photographing a crime scene.

Level: Intermediate

260

3) Certain information should always be included within the photographic log of a crime scene investigator. List the six types of required information and discuss why each type of information is important and state why each one is important.

Answer: The six types of information are: Type of case, description of subject of photograph, location, names of persons handling evidence, assigned case number and any other relevant information.

Page Ref: 35 Objective: Determine what types of information should be included in a photographic log.

Level: Intermediate 2.6 Critical Thinking Questions 1) You have responded to a crime scene and will be in charge of processing this scene. It is imperative that you complete a crime scene sketch for accuracy and use it in court. Discuss the pertinent information which you will place in the sketch and why this is important.

Answer: Investigator's complete name, date, time, type of crime, assigned case number, officers names who assist in producing the crime scene sketch, address of the crime scene, its position in a building, landmarks, the scale of the drawing, the primary items of evidence, and a key/legend identifying symbols or points of reference used within the sketch. The sketch is an official document meaning that it is the backbone of the prosecution of the case.

Page Ref: 36-38 Objective: Describe how crime-scene sketches are made.

Level: Intermediate 2) Identify the various methods used within the sketching of crime scenes. Additionally, define what this method is and how it is used.

Answer: Coordinate method: measures and object from two fixed points of reference, the baseline technique is often used within this method. Triangulation method: bird's eye view of the scene which uses fixed objects from which to measure, useful in sketching outdoor crime scenes.

Cross-projection method: used for indoor crime scenes, top-down view with the walls folded down to reveal locations of bullet holes, blood spatter, etc.

Page Ref: 37-38 Objective: Describe how crime-scene sketches are made.

Level: Intermediate

261

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 3 Processing the Crime Scene 3.1 Multiple Choice Questions 1) Which of the following is NOT a primary responsibility of first responder police officers at a crime scene?

A) Assist victims B) Secure and protect the crime scene C) Conduct door-to-door canvassing D) Collect and preserve evidence Answer: C Page Ref: 44 Objective: Summarize the responsibilities of the first responding officer.

Level: Basic 2) The Locard exchange principal is best summarized as: A) The tendency of natural objects to draw towards each other B) Equal but opposite forces repel each other C) "Evidence is always available."

D) "Every contact leaves a trace."

Answer: D Page Ref: 45 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Basic 3) The purpose of a "flash description" broadcast is to: A) Enable other officers to quickly apprehend a suspect still in the vicinity B) Alert medical emergency personnel of an injured person C) Warn passersby to avoid a recent crime scene D) Record the description of a suspect with communications personnel Answer: A Page Ref: 48 Objective: Describe the preliminary investigation process.

Level: Basic 4) The unnecessary or improper entry of individuals into a crime scene should be limited: A) To avoid causing inconvenience to bystanders B) To minimize the need for officers to note and record any alterations that may have occurred C) To provide defense attorneys with a basis for discrediting the investigators D) To avoid the destruction or contamination of important evidence Answer: D Page Ref: 49 Objective: Explain how to secure and protect the crime scene.

Level: Basic

262

5) The main purpose of conducting a crime scene "walk-through" is to: A) Satisfy the curiosity of all personnel at the scene B) Provide the news media with authentic video coverage C) Provide the investigator with an overview of the entire scene D) None of the above Answer: C Page Ref: 51 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Basic 6) Allegations of planting, tampering, theft or contamination of evidence is prevented by establishing and maintaining a(n): A) Solid reputation of professional integrity B) Chain of command C) Chain of custody D) Evidence log Answer: C Page Ref: 51 Objective: Explain how to secure and protect the crime scene.

Level: Basic 7) When performed correctly, a "zone" search method conducted by two investigators will result in each of the zones being searched: A) Four times B) Twice C) Once D) Until all evidence is collected Answer: B Page Ref: 52 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Basic 8) Outdoor crime scenes covering a broader area than normal may require the use of: A) Grid search method B) Spiral search method C) Zone search method D) Strip (Line) search method Answer: A Page Ref: 52 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Basic

263

9) The tasks in a "follow-up" investigation include: A) Preparing crime scene reports B) Contacting the medical examiner C) Conducting a neighborhood canvass D) All of the above Answer: D Page Ref: 56 Objective: Explain how to properly perform a follow-up investigation.

Level: Basic 10) A neighborhood canvass should be conducted: A) Only after all physical evidence has been collected B) During the early phases of an investigation C) Only when requested by the medical examiner D) At the conclusion of the investigation Answer: B Page Ref: 56 Objective: Explain how to properly perform a follow-up investigation.

Level: Basic 11) Which of the following statement(s) regarding trace evidence is/are correct?

I. It usually is in plain view of investigators.

II. It plays a greater role today with the aid of modern forensic analysis.

III. Criminals seek to destroy it before leaving the crime scene.

A) Statements I, II and III B) Statements II and III C) Statement II only D) Statements I and III Answer: C Page Ref: 45 Objective: Identify types of crime-scene evidence.

Level: Basic 12) In general, officers are permitted to conduct a protective search or sweep of the premises when they have reasonable grounds to believe that a person within the premises is in immediate need of assistance or: A) An unusual odor surrounding the crime scene is present B) A perpetrator is present C) The premises is privately owned D) A search of the premises may result in a felony arrest Answer: B Page Ref: 47 Objective: Explain how to secure and protect the crime scene.

Level: Basic

264

13) Evidence that establishes that a crime has been committed is classified as: A) Testimonial evidence B) Corpus delicti C) Associative evidence D) Demonstrative evidence Answer: B Page Ref: 46 Objective: Identify types of crime-scene evidence.

Level: Basic 14) Evidence that establishes a link between the crime and a suspect is referred to as: A) Testimonial evidence B) Corpus delicti C) Associative evidence D) Demonstrative evidence Answer: A Page Ref: 46 Objective: Identify types of crime-scene evidence.

Level: Basic 15) Evidence established by law that at face value proves a fact in dispute is known as: A) Testimonial evidence B) Prima facie evidence C) Trace evidence D) Demonstrative evidence Answer: B Page Ref: 46 Objective: Identify types of crime-scene evidence.

Level: Basic 16) The use of an anatomical doll to aid in the testimony of children in child molestation cases is one example of: A) Testimonial evidence B) Prima facie evidence C) Trace evidence D) Demonstrative evidence Answer: D Page Ref: 46 Objective: Identify types of crime-scene evidence.

Level: Basic

265

17) Two police officers investigating a child abuse and neglect case determine during the walkthrough, that a significant amount of evidence is located in the child's bedroom. What search method should the officers use to most effectively search the child's room?

A) The spiral search method B) The grid search method C) The strip or line search method D) The quadrant or zone search method Answer: D Page Ref: 52 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Intermediate 18) An investigator needs fingerprints from a knife recovered from a crime scene and prepares the submission for the FBI Crime Lab by placing the knife into a cardboard box after it is secured to a rigid board. The invoice, transmittal form, and property receipt are also secured inside the box, which is sealed and sent to the crime lab. What can be said about the process used to ship the evidence to the crime lab?

A) The process used was proper.

B) The process used was improper because the invoice should have been affixed to the outside of the box.

C) The process used was improper because the knife should have been placed in a plastic bag first to ensure that DNA was preserved.

D) The box used should have been sprayed with a stencil indicating "FRAGILE" but otherwise the process was correct.

Answer: B Page Ref: 54 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Intermediate 19) A court rendering (decision) that evidence is inadmissible or "incompetent" is usually caused by: A) Collecting an insufficient amount of evidence B) Contamination of evidence C) Insufficiently explaining the significance of the evidence D) Failing to properly label the evidence Answer: B Page Ref: 45 Objective: Explain how to secure and protect the crime scene.

Level: Intermediate

266

20) A police officer is at a crime scene and locates a footprint in a flowerbed near an open window. The window is examined closely and pry marks are discovered on the lower window sash and the window sill indicating forced entry. The police officer pointed out the evidence to the investigator who photographed the evidence and collected the footwear impression using a liquid footwear casting system.

Who will be is required to testify in court to get the evidence admitted during the trial?

A) The investigator who collected the evidence B) The police officer who discovered the evidence C) Both the police officer who discovered the evidence and the investigator who collected the evidence are usually required to testify.

D) Everyone at the crime scene is required to testify.

Answer: C Page Ref: 53 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Intermediate 21) During the collection of evidence, when should evidence be marked?

A) All evidence must be marked immediately upon seizure.

B) Evidence should be marked when the evidence is stored in long-term storage facilities.

C) Evidence should NOT be marked. All notations should be made in the investigator's notebook and on evidence packaging.

D) Evidence should only be marked when the evidence is used in court.

Answer: A Page Ref: 55 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Basic 22) The total accounting of evidence is known as the: A) Evidence inventory B) Chain of custody C) Evidence tracking D) Evidence accounting Answer: B Page Ref: 53 Objective: Explain how to secure and protect the crime scene.

Level: Basic 23) When properly marked and protected from tampering, which of the following should NOT be used to store evidence: A) Locked file cabinets or vaults B) In the officer's jacket C) Evidence lockers or strong boxes D) All of the above are acceptable for evidence storage.

Answer: B Page Ref: 55 Objective: Explain how to secure and protect the crime scene.

267

Level: Basic 24) In the courtroom, the CSI effect has been most visibly apparent among: A) Prosecutors B) Defense attorneys C) Jurors D) Judges Answer: C Page Ref: 58 Objective: Explain how to secure and protect the crime scene.

Level: Basic 25) Evidence which merely tends to incriminate a person without offering conclusive proof is known as: A) Testimonial evidence B) Prima facie evidence C) Circumstantial evidence D) Demonstrative evidence Answer: C Page Ref: 46 Objective: Identify types of crime-scene evidence.

Level: Basic 3.2 True/False Questions 1) A sworn pretrial deposition is one form of testimonial evidence.

Answer: TRUE Page Ref: 46 Objective: Identify types of crime-scene evidence.

Level: Basic 2) Trace evidence is easily detected at the crime scene.

Answer: FALSE Page Ref: 46 Objective: Identify types of crime-scene evidence.

Level: Basic 3) The "CYMBL" rule is a useful aid in remembering a suspect vehicle description.

Answer: TRUE Page Ref: 48 Objective: Explain how to properly perform a follow-up investigation.

Level: Basic 4) The total accounting of evidence is known as the evidence inventory.

Answer: FALSE Page Ref: 53 268

Objective: Explain how to secure and protect the crime scene.

Level: Basic 5) In conducting a neighborhood canvass, the local patrol officer may have an advantage over another officer.

Answer: TRUE Page Ref: 56 Objective: Explain how to properly perform a follow-up investigation.

Level: Basic 6) The collection of evidence should be conducted as soon as possible and before any sketches or photographs have been completed.

Answer: FALSE Page Ref: 53 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Basic 7) Since investigators are initially extremely thorough in collecting evidence, searching the crime scene a second time is unnecessary.

Answer: FALSE Page Ref: 53 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Basic 8) Generally, it does not matter how evidence is marked, as long as the marks include the initials of the seizing officer and the date of the seizure.

Answer: TRUE Page Ref: 55 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Basic 9) Checking police intelligence files to develop potential suspects is not a required task of the follow-up investigator.

Answer: FALSE Page Ref: 56 Objective: Explain how to properly perform a follow-up investigation.

Level: Basic 10) Physical evidence is defined as the type of evidence which is self-explanatory in nature, such as weapons, fingerprints, blood and drugs.

Answer: TRUE Page Ref: 45 Objective: Identify types of crime-scene evidence.

Level: Basic

269

11) Crime scene evidence is dynamic.

Answer: TRUE Page Ref: 45 Objective: Identify types of crime-scene evidence.

Level: Intermediate 12) Associative evidence is evidence that established that a crime has been committed.

Answer: FALSE Page Ref: 46 Objective: Identify types of crime-scene evidence.

Level: Intermediate 13) While en route to a crime scene officers must be alert to the possible presence of perpetrators fleeing the scene.

Answer: TRUE Page Ref: 47 Objective: Summarize the responsibilities of the first responding officer.

Level: Basic 14) Flash descriptions should be specific, have many details, and be long.

Answer: FALSE Page Ref: 48 Objective: Summarize the responsibilities of the first responding officer.

Level: Basic 15) Searching for fingerprints is a specific distinct phase, in of itself, of searching the crime scene.

Answer: TRUE Page Ref: 52 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Difficult 3.3 Fill in the Blank Questions 1) A BOLO, or "be on the lookout" is also referred to as a ________ description.

Answer: Flash Page Ref: 48 Objective: Describe the preliminary investigation process.

Level: Basic 2) Criminal evidence may be lost if the crime scene is not ________.

Answer: Secured Page Ref: 45 Objective: Identify types of crime-scene evidence.

Level: Intermediate

270

3) The initial response is usually made by ________ officers.

Answer: Patrol Page Ref: 46 Objective: Summarize the responsibilities of the first responding officer.

Level: Intermediate 4) The official determination regarding the death of the victim and the circumstances surrounding the death is typically made by the ________ examiner.

Answer: Medical Page Ref: 56 Objective: Explain how to properly perform a follow-up investigation.

Level: Intermediate 5) Chain of ________ involves being able to account for an item of evidence from the time of its finding to its presentation in court.

Answer: Custody Page Ref: 51 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Intermediate 6) With a(n) ________ crime scene search pattern, searchers start at one end of the scene and work back and forth until the entire area is searched.

Answer: Strip Page Ref: 52 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Basic 7) A(n) ________ crime scene search pattern involves dividing a room in half and different investigators searching each half.

Answer: Quadrant Page Ref: 53 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Basic 8) A(n) ________ crime scene search pattern works best for a large outdoor crime scene.

Answer: Grid Page Ref: 52 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Basic 9) A search for persons who are unaware that they may be a witness to a crime or its circumstances is known as a(n) ________ canvass.

Answer: Neighborhood Page Ref: 56 Objective: Explain how to properly perform a follow-up investigation.

Level: Basic 271

10) The ________ rule consists of information needed regarding the suspect vehicle to include: color, year, make/model, body style, and license number.

Answer: CYMBL Page Ref: 48 Objective: Identify types of crime-scene evidence.

Level: Intermediate

272

3.4 Matching Questions Match up the item in the left column to the purpose or usage in the right column.

A) Treat victims B) Digital C) Microscopic D) Boxes and bags E) Destroy F) Night vision goggles G) Unauthorized entry to a crime scene H) Plaster or dental stone I) Rough sketching J) Handheld 1) Contaminate Page Ref: n/a Objective: n/a Level: Intermediate 2) Surveillance Page Ref: n/a Objective: n/a Level: Intermediate 3) Cameras Page Ref: n/a Objective: n/a Level: Intermediate 4) Lights Page Ref: n/a Objective: n/a Level: Intermediate 5) Notebook Page Ref: n/a Objective: n/a Level: Intermediate 6) Containers Page Ref: n/a Objective: n/a Level: Intermediate

273

7) Casting material Page Ref: n/a Objective: n/a Level: Intermediate 8) First aid kit Page Ref: n/a Objective: n/a Level: Intermediate 9) Contamination log Page Ref: n/a Objective: n/a Level: Intermediate 10) Trace evidence Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) E 2) F 3) B 4) J 5) I 6) D 7) H 8) A 9) G 10) C 3.5 Essay Questions 1) Unnecessary or improper entry into a crime scene may destroy or even contaminate potential evidence that can be used to solve a crime. Identify four purposes and reasons why the first responding officer is able to enter the crime scene.

Answer: The initial entrance onto a crime scene serves for purposes: determining if a crime has been committed, to help the victims, to apprehend a perpetrator, and to secure the crime scene.

Since they are the first responder they must be prepared to initiate a preliminary investigation until they are relieved by superior officers.

Page Ref: 46-47 Objective: Summarize the responsibilities of the first responding officer.

Level: Intermediate 2) When collecting and searching for evidence at a crime scene, there are several distinct phases that are recognized. List and briefly describe the phases of the search.

Answer: The phases include: Surveying the crime scene, documenting the crime scene through sketches and photographs, recording all physical evidence and searching for fingerprints.

Surveying the crime scene involves using the appropriate search pattern for that crime scene, and gathering and preserving evidence. After the surveying, the crime scene is sketched and photographed. Evidence needs to be properly collected, tagged, and follow a chain of custody.

Page Ref: 52-56 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Intermediate

274

3) Discuss the methods as depicted in your textbook regarding the proper sealing of the different types of physical evidence.

Answer: Pack the evidence in a container, seal it and mark as evidence, place a copy of the transmittal letter in the envelope and mark as invoice, stick the envelope on the outside of the container, wrap the container again with additional paper and address the container to your local crime lab.

Page Ref: 54-55 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Intermediate 4) Explain the concept of corpus delicti evidence and associative evidence. Provide an example of each.

Answer: Corpus delicti evidence establishes that a crime has been committed. Associative evidence links a suspect to a crime. Examples will vary.

Page Ref: 46 Objective: Identify types of crime-scene evidence.

Level: Intermediate 3.6 Critical Thinking Questions 1) You have been requested to take charge of a crime scene and have located a piece of clothing belonging to the suspect. You take the clothing into evidence and package it accordingly. You must now complete the evidence label to attach to a container containing this clothing. Identify the information which must be located on the evidence label. Would your actions be different if the clothing had blood stains? If so, in what way?

Answer: The label should contain: Case number, exhibit number if necessary, date and time of seizure, name and description of articles, location at the time of discovery, signature or initials of the officer making the discovery, and the name or initials of others witnessing the discovery.

Blood evidence can be fragile, and should be collected first.

Page Ref: 55 Objective: Explain how to collect and search for evidence at the crime scene.

Level: Intermediate 2) As part of your position and investigation, you are in need of conducting a follow-up investigation for a murder case. You sit down to go over the items that you will need to be prepared for prior to conducting the interview(s). List what information will be of assistance to you in this process.

Answer: Some information that will be of assistance includes: Analyzing reports of officers conducting the preliminary investigation, reviewing official departmental records and mode of operation (MO) files, gathering information on friends and associates of suspects, examining the victims' background, checking police intelligence files to develop potential suspects, and organizing police actions such as neighborhood canvassing, raids, and search warrants.

Page Ref: 56-57 Objective: Explain how to properly perform a follow-up investigation.

Level: Difficult

275

3) Choose a crime television show. Write a brief synopsis of the episode, focusing on the first responder to the crime. Discuss how the episode follows a preliminary investigation, and note any discrepancies you notice regarding issues surrounding the preliminary investigation.

Answer: Answers will vary, but should include components discussing securing the crime scene, considering the possible arrest of a suspect, locating and questioning witnesses and victims, documenting the crime scene, and identifying and collecting evidence.

Page Ref: 44-45 Objective: Describe the preliminary investigation process.

Level: Difficult

276

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 4 Identifying Criminal Suspects: Field and Laboratory Processes 4.1 Multiple Choice Questions 1) The ________ unit examines and compares data appearing on paper and other evidentiary materials.

A) Trace evidence unit B) Questioned document unit C) SNA analysis unit D) Latent print unit Answer: B Page Ref: 63 Objective: Summarize the role of the crime laboratory in a criminal investigation.

Level: Basic 2) The ________ unit examines and compares specific type of materials that could be transferred during the commission of a violent crime.

A) Trace evidence unit B) Questioned document unit C) SNA analysis unit D) Latent print unit Answer: A Page Ref: 63 Objective: Summarize the role of the crime laboratory in a criminal investigation.

Level: Basic 3) The forensic photography unit is responsible for which of the following?

A) Digital imaging technologies B) Tactical imaging C) Courtroom presentations and exhibits D) All of the above Answer: D Page Ref: 64 Objective: Summarize the role of the crime laboratory in a criminal investigation.

Level: Intermediate 4) A(n) ________ fingerprint is often not visible to the naked eye.

A) Latent B) Plastic C) Visible D) Inked Answer: A Page Ref: 65 Objective: Explain the development and preservation of latent fingerprints.

Level: Basic 277

5) A(n) ________ fingerprint results when a fingerprint leaves a negative impression.

A) Latent B) Plastic C) Visible D) Inked Answer: B Page Ref: 65 Objective: Explain the development and preservation of latent fingerprints.

Level: Basic 6) A(n) ________ fingerprint is has been adulterated with foreign matter.

A) Latent B) Plastic C) Visible D) Inked Answer: C Page Ref: 65 Objective: Explain the development and preservation of latent fingerprints.

Level: Basic 7) A police officer is investigating a burglary and is using fingerprint powder and a fingerprint brush at the point of entry to locate possible fingerprints. What kind of fingerprints is the officer looking for?

A) Visible B) Plastic C) Latent D) Loops Answer: C Page Ref: 65 Objective: Explain the development and preservation of latent fingerprints.

Level: Basic 8) Which of the following is NOT one of the three general groups of fingerprint patterns?

A) Arch B) Whorl C) Loop D) Spiral Answer: D Page Ref: 65 Objective: Identify the types and patterns of fingerprints, as well as how to search for fingerprints.

Level: Basic

278

9) Based on the fingerprint below, identify the feature indicated by the arrow:

A) Bifurcation B) Delta C) Ridge D) Core Answer: B Page Ref: 65 Objective: Identify the types and patterns of fingerprints, as well as how to search for fingerprints.

Level: Intermediate 10) Based on the fingerprint below, identify the feature indicated by the arrow:

A) Bifurcation B) Dot C) Enclosure D) Core Answer: A Page Ref: 65 Objective: Identify the types and patterns of fingerprints, as well as how to search for fingerprints.

Level: Intermediate

279

11) Identify the fingerprint pattern below:

A) Loop B) Whorl C) Arch D) Spiral Answer: C Page Ref: 66 Objective: Identify the types and patterns of fingerprints, as well as how to search for fingerprints.

Level: Basic 12) Identify the fingerprint pattern below:

A) Loop B) Whorl C) Arch D) Spiral Answer: B Page Ref: 66 Objective: Identify the types and patterns of fingerprints, as well as how to search for fingerprints.

Level: Basic

280

13) Identify the fingerprint pattern below:

A) Loop B) Whorl C) Arch D) Spiral Answer: A Page Ref: 66 Objective: Identify the types and patterns of fingerprints, as well as how to search for fingerprints.

Level: Basic 14) A police officer is investigating a robbery. The stolen vehicle that was used in the crime has been located. During a careful search for fingerprints using only a flashlight and careful observation, a latent print is clearly visible on the car door handle. What should the officer do FIRST? A) Apply fingerprint powder to the print, then photograph it B) Photograph the print before attempts are made to develop it C) Apply powder, then lift the print D) Use iodine fuming to develop the print, then photograph it Answer: B Page Ref: 67 Objective: Explain the development and preservation of latent fingerprints.

Level: Intermediate 15) A police officer is investigating a kidnapping. A ransom note was left at the scene. What is the best was to process the note for fingerprints?

A) Apply fingerprint powder to the print, then photograph it B) Use ninhydrin to process the print C) Use iodine fuming to develop the print, then photograph it D) Either B or C Answer: D Page Ref: 67 Objective: Explain the development and preservation of latent fingerprints.

Level: Difficult

281

16) What statement below is TRUE of CODIS? A) CODIS stores DNA profiles from across the country in a series of local, state, and national databases, all linked via computers.

B) CODIS stands for Collective Online DNA Investigative System.

C) Approximately 1/2 of all of the states use CODIS and are actively linked to the database.

D) All of the above statements are true regarding CODIS. Answer: A Page Ref: 68 Objective: Explain the role of DNA in a criminal investigation.

Level: Intermediate 17) What is the IAFIS? A) An international database that stores DNA and Fingerprint data on convicted felons throughout the world B) The Integrated Automated Fingerprint Identification System, which is a national fingerprint and criminal history database maintained by the FBI C) An acronym for Independent Association of Forensic Investigative Services D) An electronic database containing digital photographs of arrested persons throughout the United States maintained by the FBI Answer: B Page Ref: 68 Objective: Discuss the Integrated Automated Fingerprint Identification System.

Level: Basic 18) Which statement below is TRUE regarding DNA? A) DNA represents a genetic facsimile, or ""blueprint" of that organism.

B) Within every cell in each human body, the DNA is identical.

C) DNA consists of only five basic elements: carbon, hydrogen, oxygen, nitrogen, and phosphorus.

D) All of the above statements are true of DNA Answer: D Page Ref: 71 Objective: Explain the role of DNA in a criminal investigation.

Level: Intermediate 19) Which of the following ways can a facial composite assist law enforcement?

A) Identifying the suspect in a wanted poster B) Warning the pubic against serial offenders C) Gathering additional evidence against a suspect D) All of the above Answer: D Page Ref: 72 Objective: Describe criminal composites.

Level: Basic

282

20) The two new areas of psychological profiling are: A) Hostage negotiations and arson B) Hostage negotiations and terrorism C) Terrorism and sexual assault D) Homicide and terrorism Answer: B Page Ref: 74 Objective: Discuss the role of investigative analysis to solve crimes.

Level: Intermediate 21) The type of lineup used by most police departments across the nation is a: A) Sequential lineup B) Physical lineup C) Simultaneous lineup D) Similarity lineup Answer: C Page Ref: 75 Objective: Explain the proper methods for conducting lineups.

Level: Basic 22) A lineup should consist of ________ persons.

A) Two or three B) Five or six C) Eight to ten D) Twelve to fifteen Answer: B Page Ref: 77 Objective: Explain the proper methods for conducting lineups.

Level: Basic 23) Which of the following guidelines should be followed in conducting a police lineup?

A) A minimum of ten individuals should be included in the lineup.

B) The height and coloring of the individuals in the lineup should vary significantly.

C) If possible, conduct a "blank" lineup.

D) Victims should discuss the individuals in the lineup with officers before making their choice.

Answer: C Page Ref: 78 Objective: Explain the proper methods for conducting lineups.

Level: Basic

283

24) The purpose of having counsel present at a lineup is: A) To ensure the suspect does not talk to the police B) To cross examine the witnesses C) To detect any suggestiveness or irregularities in the procedure D) All of the above Answer: C Page Ref: 79 Objective: Explain the proper methods for conducting lineups.

Level: Intermediate 4.2 True/False Questions 1) A latent fingerprint results when a finger presses against plastic material and leaves a negative impression of friction ridges.

Answer: FALSE Page Ref: 65 Objective: Explain the development and preservation of latent fingerprints.

Level: Basic 2) Fingerprints may be categorized into only two large general groups of patterns: the arch and the loop.

Answer: FALSE Page Ref: 65 Objective: Identify the types and patterns of fingerprints, as well as how to search for fingerprints.

Level: Basic 3) In a burglary case, the search for fingerprints should begin at the object of attack, such as the safe, to determine whether or not the suspect's hands were protected.

Answer: FALSE Page Ref: 66 Objective: Explain the development and preservation of latent fingerprints.

Level: Basic 4) A dust print is a print that has been adulterated with foreign matter.

Answer: TRUE Page Ref: 65 Objective: Explain the development and preservation of latent fingerprints.

Level: Basic 5) Powders can be used to develop fingerprints by making them show up on a surface where they would otherwise go unnoticed.

Answer: TRUE Page Ref: 67 Objective: Explain the development and preservation of latent fingerprints.

Level: Basic 284

6) CODIS is a national fingerprint criminal history database maintained by the FBI. Answer: FALSE Page Ref: 68 Objective: Explain the role of DNA in a criminal investigation.

Level: Basic 7) Unlike fingerprints, the effective use of DNA does not require the collection and analysis of elimination samples.

Answer: FALSE Page Ref: 70 Objective: Explain the role of DNA in a criminal investigation.

Level: Basic 8) Two types of exemplars exist; the requested and the collected.

Answer: TRUE Page Ref: 72 Objective: Discuss the role of investigative analysis to solve crimes.

Level: Basic 9) Identical twins share the same DNA. Answer: TRUE Page Ref: 70 Objective: Explain the role of DNA in a criminal investigation.

Level: Basic 10) The FBI maintains that hand drawing is still the correct method for constructing a facial composite.

Answer: TRUE Page Ref: 72 Objective: Describe handwriting analysis.

Level: Basic 11) In a lineup, eyewitnesses are presented simultaneously with a number of individuals.

Answer: TRUE Page Ref: 75 Objective: Explain the proper methods for conducting lineups.

Level: Basic 12) If a witness viewing a lineup is uncertain as to the identification of any of the individuals, it is best to ask them to focus on a particular individual.

Answer: FALSE Page Ref: 77 Objective: Explain the proper methods for conducting lineups.

Level: Basic

285

13) There is a right to have counsel present at a lineup conducted before adversary proceedings have been initiated.

Answer: FALSE Page Ref: 79 Objective: Explain the proper methods for conducting lineups.

Level: Basic 14) It is recommended that police officers use suggestive techniques when conducting a lineup.

Answer: FALSE Page Ref: 79 Objective: Explain the proper methods for conducting lineups.

Level: Intermediate 15) Criminal profiling is now known as criminal investigative analysis.

Answer: TRUE Page Ref: 73 Objective: Discuss the role of investigative analysis to solve crimes.

Level: Basic 4.3 Fill in the Blank Questions 1) ________ are the professionals who work in the scientific discipline of applying the natural sciences in matters of law.

Answer: Criminalists Page Ref: 63 Objective: Summarize the role of the crime laboratory in a criminal investigation.

Level: Basic 2) Fingerprints that cannot be seen with the naked eye are known as ________ prints.

Answer: Latent Page Ref: 65 Objective: Identify the types and patterns of fingerprints.

Level: Basic 3) Fingerprints found in soft material such as glazier's putty are known as ________ prints.

Answer: Plastic Page Ref: 65 Objective: Identify the types and patterns of fingerprints.

Level: Intermediate 4) Because of the importance of latent fingerprints in any criminal investigation, great care must be taken to ________ them for later examination and use in court.

Answer: Preserve Page Ref: 67 Objective: Identify the types and patterns of fingerprints.

Level: Basic 286

5) The FBI is supporting the linking of state DNA databases together to form a national database known as ________.

Answer: CODIS Page Ref: 68 Objective: Explain the role of DNA in a criminal investigation.

Level: Basic 6) Eyewitnesses view all the people or photos in a(n) ________ lineup.

Answer: Simultaneous Page Ref: 75 Objective: Explain the proper methods for conducting lineups.

Level: Basic 7) Eyewitnesses view one person or photo at a time in a(n) ________ lineup.

Answer: Sequential Page Ref: 75 Objective: Explain the proper methods for conducting lineups.

Level: Basic 8) During simultaneous lineups, witnesses use ________ judgement.

Answer: Relative Page Ref: 76 Objective: Explain the proper methods for conducting lineups.

Level: Basic 9) During sequential lineups, witnesses use ________ judgment.

Answer: Absolute Page Ref: 76 Objective: Explain the proper methods for conducting lineups.

Level: Intermediate 10) The ________ lineup is the most preferred method for identification purposes.

Answer: Physical Page Ref: 77 Objective: Explain the proper methods for conducting lineups.

Level: Intermediate

287

4.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Blueprint B) Ridges diverge C) Dust print D) Patent fingerprint E) Fingerprint database F) Leaves negative impression G) Amino acid H) Superglue I) Innermost ridges that start parallel, diverge, and then surround the pattern J) Changes skin color 1) Latent fingerprints Page Ref: n/a Objective: n/a Level: Intermediate 2) Plastic fingerprints Page Ref: n/a Objective: n/a Level: Intermediate 3) Visible fingerprints Page Ref: n/a Objective: n/a Level: Intermediate 4) Delta Page Ref: n/a Objective: n/a Level: Intermediate 5) Cyanoacrylate resin Page Ref: n/a Objective: n/a Level: Intermediate 6) Iodine Page Ref: n/a Objective: n/a Level: Intermediate

288

7) IAFIS Page Ref: n/a Objective: n/a Level: Intermediate 8) DNA Page Ref: n/a Objective: n/a Level: Intermediate 9) Type lines Page Ref: n/a Objective: n/a Level: Intermediate 10) Ninhydrin Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) D 2) F 3) C 4) B 5) H 6) J 7) E 8) A 9) I 10) G 4.5 Essay Questions 1) Define and fully explain the purpose and function of CODIS. Answer: Computer technology (a database and software program), forensic science (DNA profiles rigorously measured and maintained), and telecommunications (the ability of local, state, and federal labs to share information and communicate electronically) all rolled into one system.

This then stores DNA profiles from across the country linking computers to enable crime labs to share and compare. It now contains over 1.5 million DNA profiles, and has produced over 239,158 hits assisting in more than 229,704 investigations.

Page Ref: 68 Objective: Explain the role of DNA in a criminal investigation.

Level: Basic 2) Identify the types and patterns of fingerprints.

Answer: Latent fingerprints—nonvisible unless developed through a fingerprint lifting process; Plastic fingerprints—Impression left when a person presses against plastic material such as putty, wax, or tar; Visible fingerprints—left at a crime scene that result from being adulterated with some foreign matter, such as blood, flour, or oil. Patterns include: plain and tented arches, plain, central pocket and lateral pocket loops, whorls, and accidentals.

Page Ref: 65-67 Objective: Identify the types and patterns of fingerprints, as well as how to search for fingerprints.

Level: Intermediate

289

3) Facial composites are an important part of the identification process and are very valuable for police officers. Identify the four ways in which facial composites can assist law enforcement.

Answer: The four ways facial composites can assist law enforcement include: Identifying the suspect in a wanted poster, additional evidence against a suspect, assisting investigation in checking leads, and warning the public against serial offenders.

Page Ref: 72 Objective: Describe criminal composites.

Level: Intermediate 4.6 Critical Thinking Questions 1) You have been assigned by your organization to provide a profile for a serial burglar in your area that continues to break into people's homes to steal televisions. Your profiling technique requires a certain type of information. Identify the types of information you will need to complete this task as well as providing examples of each.

Answer: Photographs (wounds), neighborhood information (racial, ethnic, social data), medical examiner's report (damage to the body), map of the victim's travel before incident (residence and employment information), and background of the victim (age, race, gender, physical description, lifestyle, etc.).

Page Ref: 73-74 Objective: Discuss the role of investigative analysis to solve crimes.

Level: Intermediate 2) You have used a lineup to aide you in the identification process of a murder suspect. In doing this you realize that the court will consider six factors when determining if a suspect identification is reliable or not. Define what these six are and state how you will ensure this is a reliable process.

Answer: The opportunity of the witness to view the criminal at the time of the crime, the witness's degree of attention, the accuracy of the witness's prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, the length of time between the crime and the confrontation, and whether the witness was a "casual observer" or the victim of the crime. To ensure validity and reliability, the process will remove suggestibility during the process.

Page Ref: 74-79 Objective: Explain the proper methods for conducting lineups.

Level: Intermediate 3) Complete some outside research on handwriting analysis. Examine your own handwriting and describe what you notice. Now examine a sample of someone else's handwriting and discuss the similarities and differences.

Answer: Answers will vary, but discussions may include form, movement, connections, alignment, punctuation, slant, spacing, and embellishments.

Page Ref: 71 Objective: Describe handwriting analysis.

Level: Difficult

290

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 5 Legal Issues in Criminal Investigations 5.1 Multiple Choice Questions 1) Chimel v. California (1969) established the: A) Exclusionary rule B) Plain view doctrine C) Good faith exception D) Search incidental to an arrest Answer: D Page Ref: 87 Objective: Identify the legal guidelines for conducting searches.

Level: Basic 2) Which U.S. Supreme Court interpretations are exceptions to the exclusionary rule?

I. Good faith II. Second-party consent III. Inevitable discovery IV. Computer errors A) II, III B) I, III, IV C) I, IV D) I, II, III, IV Answer: B Page Ref: 88 Objective: Explain the exceptions to the exclusionary rule.

Level: Basic 3) Which rule was established by the Chimel case (1969)?

A) The totality of the circumstances may be considered in establishing probable cause to arrest.

B) After making an arrest, police may search the defendant and the area within the defendant's immediate control.

C) The cardboard box "home" of a homeless person may not be searched without his or her permission.

D) Courts will exclude any evidence that was illegally obtained even though it may be relevant and material.

Answer: B Page Ref: 87 Objective: Identify the legal guidelines for conducting searches.

Level: Intermediate

291

4) Which of the following ways are search warrants utilized?

A) Recover stolen property B) Seize drugs or contraband C) Seize any other type of property used in the commission of the crime D) All of the above Answer: D Page Ref: 89 Objective: Identify the legal guidelines for conducting searches.

Level: Basic 5) An anticipatory search warrant may not be executed until some ________ has occurred.

A) Consent situation B) Emergency circumstances C) Consensual encounter D) Triggering condition Answer: D Page Ref: 90 Objective: Identify the legal guidelines for conducting searches.

Level: Basic 6) Which of the following is NOT something that the court will consider in determining whether contact with a person was a consensual encounter or a field interview?

A) Interference with the suspect's freedom of movement B) Number of officers and their behavior C) Physical contact with the suspect D) Type of crime committed Answer: D Page Ref: 92 Objective: Identify the legal guidelines for conducting searches.

Level: Intermediate 7) An example of an exigent circumstance would be: A) A police officer passing by a house smells the odor of marijuana B) A dog is left unattended in a house for two days C) A 911 call for help is made and no one answers the door D) All of the above Answer: C Page Ref: 93 Objective: Explain when warrantless searches are authorized under law.

Level: Intermediate

292

8) Terry v. Ohio (1968) requires that a police officer stopping a person for questioning has ________ that the individual is involved in criminal activity.

A) Reasonable suspicion B) Probable cause C) Preponderance of the evidence D) Clear and convincing evidence Answer: A Page Ref: 94 Objective: Identify the legal guidelines for conducting searches.

Level: Basic 9) Which of the following is NOT a criterion that must be present when conducting plain-view searches?

A) The officer must be present lawfully at the location to be searched.

B) To be discovered by the officer, the item in "plain-view" must be manipulated.

C) The item discovered, while adhering to the scope of the search, must be contraband subject to criminal prosecution.

D) Both A and C Answer: B Page Ref: 95 Objective: Explain when warrantless searches are authorized under law.

Level: Intermediate 10) Bill Monroe matches a description of a burglary suspect from an incident that occurred last night. Monroe is stopped by a police officer and is asked questions about his activities the night before. Monroe believes that he cannot leave; thus, he stays and answers the officer's questions.

This situation is known as: A) An arrest B) A consensual encounter C) A contact D) An investigative detention Answer: D Page Ref: 95 Objective: Identify the legal guidelines for conducting searches.

Level: Intermediate 11) Which of the following is NOT one of the factors of curtilage?

A) The nature of uses of the area B) The steps taken to conceal the area from public view C) The proximity of the area to the home D) Whether the home is occupied or not Answer: D Page Ref: 96 Objective: Identify the legal guidelines for conducting searches.

Level: Basic

293

12) In the Supreme Court ruling, County of Riverside v. McLaughlin (1991), a person arrested without a warrant must generally be provided with a judicial determination of probable cause within how many hours after the arrest?

A) 12 hours B) 24 hours C) 48 hours D) 72 hours Answer: C Page Ref: 98 Objective: Explain what is required for an arrest to be legal.

Level: Basic 13) In the situation involving ________, the subject is free to walk away if he or she so desires.

It is the sole decision of the subject whether or not to cooperate with an officer.

A) Contact B) Consensual encounter C) Investigative detention D) Arrest Answer: A Page Ref: 98 Objective: Explain what is required for an arrest to be legal.

Level: Basic 14) This is the act of placing a person in custody for a suspected violation of criminal law.

A) Contact B) Consensual encounter C) Investigative detention D) Arrest Answer: D Page Ref: 98 Objective: Define an arrest.

Level: Basic 15) In this situation, the officer may not exert any authority over the subject. Officers can continue to seek the subject's cooperation but cannot demand it.

A) Contact B) Consensual encounter C) Investigative detention D) Arrest Answer: B Page Ref: 98 Objective: Explain what is required for an arrest to be legal.

Level: Basic

294

16) Which of the following situations best illustrates an arrest?

A) A police officer has reasonable suspicion that the suspect committed the theft of a purse.

B) An officer asks a man standing near a bus stop, "Sir, may I see your driver's license?"

C) A police officer investigating a theft places the suspect in handcuffs but does not tell her that she is under arrest.

D) A police officer investigating a loud music complaint asks the person who answers the door if he is the owner of the house.

Answer: C Page Ref: 99 Objective: Define an arrest.

Level: Intermediate 17) A police officer pulls over a car with three men in it. The men all exit the vehicle and run in opposite directions. The officer engages in a foot pursuit and just prior being tackled, one of the suspects throws a bag away with a substance which is later found to contain heroin. The officer charges the suspect with possession of the heroin. The suspect argued in court because there was no probable cause for the arrest before the cocaine discovered, it was inadmissible as evidence.

Based on this information, what statement below is TRUE regarding the arrest of the suspect?

A) The suspect had been "constructively seized" as soon as the chase began; therefore an arrest had taken place.

B) No arrest had taken place prior to being tackled because there was neither physical force nor submission to the assertion of authority.

C) The officer may not arrest the suspect because the officer does not have probable cause.

D) The officer may not arrest the suspect because the suspect did have the heroin on his/her person at the time of the tackle.

Answer: B Page Ref: 99 Objective: Explain what is required for an arrest to be legal.

Level: Intermediate 18) A police officer is investigating the theft of a CD at a retail store. The complainant states that an anonymous person reported that the suspect fits a description of the person who stole a CD that is missing from inventory. The suspect is denying any involvement. The CD has not been recovered. Based on this information, what statement below is TRUE regarding an arrest of the suspect in this case?

A) The officer may arrest the suspect because the officer has probable cause.

B) The officer may arrest the suspect because the officer has reasonable suspicion.

C) The officer may NOT arrest the suspect because the officer must have a confession in order to arrest even though he has probable cause.

D) The officer may NOT arrest the suspect because the officer does not have probable cause.

Answer: D Page Ref: 98 Objective: Explain what is required for an arrest to be legal.

Level: Intermediate

295

19) A police officer has probable cause to arrest Sam, a man who is carrying a backpack. What may the officer search, incident to a lawful arrest in this situation?

A) The officer may thoroughly search Sam, and his backpack.

B) The officer may thoroughly search Sam, but not his backpack.

C) The officer may search Sam by patting him down over his outer layer of clothing for the sole purpose of locating weapons, but under no circumstances may she search his backpack.

D) The officer may not search Sam without a warrant or consent.

Answer: A Page Ref: 98 Objective: Identify the legal guidelines for conducting searches.

Level: Intermediate 20) Which of the following are examples of excessive force used by a police officer?

I. Compliance holds on a subject who is physically fighting with his wife during a domestic disturbance II. Use of firearm against a suspect, who is armed with a knife, has just stabbed a store clerk, won't put the knife down, and is telling the officer he is going to kill the officer III. Use of chemical gas against a protester who refuses to leave the courtroom IV. Use of a Taser on a 12-year-old middle school student who spits at the police officer A) I, II B) I, II, III C) II, III, IV D) III, IV Answer: D Page Ref: 100-101 Objective: Explain when police officers can use force.

Level: Intermediate 21) Which of the following is NOT one of the ways that physical force may be used?

A) To protect the officer or others from danger B) To overcome resistance C) To elicit the proper respect that should be given to a police officer D) To prevent escape Answer: C Page Ref: 100 Objective: Explain when police officers can use force.

Level: Intermediate

296

22) When a police officer is compelled to use force, which standard or standards will courts use when determining whether such force was reasonable?

I. "Standing in your shoes" II. "The actions of a reasonable officer" III. "Triangle of deadly force" A) I only B) I and II C) II, III D) I, II, III Answer: B Page Ref: 101, 103 Objective: Explain when police officers can use force.

Level: Intermediate 23) Which Supreme Court case established the federal standards for police use of force?

A) Riverside v. McLaughlin B) Tennessee v. Garner C) Draper v. United States D) Graham v. Connor Answer: D Page Ref: 101 Objective: Explain when police officers can use force.

Level: Intermediate 24) Which Supreme Court case redefined the "fleeing felon rule"?

A) Riverside v. McLaughlin B) Tennessee v. Garner C) Draper v. United States D) Graham v. Connor Answer: B Page Ref: 103 Objective: Explain when police officers can use deadly force.

Level: Intermediate 25) Which is the best interpretation of the 1991 Acevedo case?

A) Items that fall in the plain view of a lawfully present police officer may be seized and used as evidence in court.

B) An officer may not search a vehicle without a search warrant.

C) Officers may not move any item to get a better view of evidence otherwise hidden from view.

D) An officer who has probable cause to believe that a container in a vehicle holds contraband may open the container and seize the contraband.

Answer: D Page Ref: 96 Objective: Identify the legal guidelines for conducting searches.

Level: Intermediate

297

5.2 True/False Questions 1) Weeks v. U.S. established the exclusionary rule that prohibits admission of illegally obtained evidence and applied to both state and federal courts.

Answer: FALSE Page Ref: 87 Objective: Identify the legal guidelines for conducting searches.

Level: Basic 2) When a suspect is arrested, a warrant must be obtained to search the area in their immediate area.

Answer: FALSE Page Ref: 87 Objective: Explain when warrantless searches are authorized under law.

Level: Basic 3) U.S. v. Leon allows the use of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a neutral magistrate but that is ultimately found invalid.

Answer: TRUE Page Ref: 88 Objective: Summarize what information must be contained on a search warrant.

Level: Basic 4) An anticipatory search warrant cannot be executed until a triggering condition has occurred.

Answer: TRUE Page Ref: 90 Objective: Summarize what information must be contained on a search warrant.

Level: Basic 5) The only time an officer is allowed to search without a warrant is in the case of an emergency.

Answer: FALSE Page Ref: 91-93 Objective: Explain when warrantless searches are authorized under law.

Level: Basic 6) The Supreme Court ruled in the Terry case that the practice known as "stop and frisk" is invalid unless the officer has probable cause to believe a crime has been committed.

Answer: FALSE Page Ref: 94 Objective: Explain when warrantless searches are authorized under law.

Level: Intermediate

298

7) The plain-view doctrine states that officers on a sidewalk who see marijuana plants through the window of a home may enter that home and confiscate the evidence without a warrant.

Answer: FALSE Page Ref: 95 Objective: Explain when warrantless searches are authorized under law.

Level: Intermediate 8) Carroll v. U.S. established the precedent of warrantless searches of automobiles.

Answer: TRUE Page Ref: 95 Objective: Explain when warrantless searches are authorized under law.

Level: Basic 9) In Oliver v. U.S., the court ruled that open fields are not protected by the Fourth Amendment.

Answer: TRUE Page Ref: 96 Objective: Explain when warrantless searches are authorized under law.

Level: Basic 10) The Fourth Amendment requires reasonable suspicion for an arrest.

Answer: FALSE Page Ref: 97 Objective: Explain what is required for an arrest to be legal.

Level: Basic 11) Terry v. Ohio recognized investigative stops as a separate category of seizures allowed to a lower degree of suspicion.

Answer: TRUE Page Ref: 98 Objective: Explain what is required for an arrest to be legal.

Level: Basic 12) A suspect is not considered under arrest until they are physically restrained or confined.

Answer: FALSE Page Ref: 99 Objective: Explain what is required for an arrest to be legal.

Level: Basic 13) In evaluating an officer's use of reasonable force, the court will take into consideration the severity of the crime committed.

Answer: TRUE Page Ref: 101 Objective: Explain when police officers can use deadly force.

Level: Basic

299

14) If deadly force is used improperly, the officer may be held both criminally and civilly liable.

Answer: TRUE Page Ref: 103 Objective: Explain when police officers can use deadly force.

Level: Basic 15) The Fleeing-Felon Rule allowed police officers to shoot an unarmed suspect who was fleeing the scene of a felony.

Answer: TRUE Page Ref: 103 Objective: Explain when police officers can use deadly force.

Level: Basic 5.3 Fill in the Blank Questions 1) According to the ________ Amendment, search warrants may only be issued if there is probable cause.

Answer: Fourth Page Ref: 86 Objective: Identify the legal guidelines for conducting searches.

Level: Basic 2) ________ cause exists when enough facts exists that would lead a reasonable and prudent person to believe that criminal activity is fairly probable.

Answer: Probable Page Ref: 86 Objective: Identify the legal guidelines for conducting searches.

Level: Basic 3) The ________ rule may be applied when investigators violated a person's rights by conducting and unlawful search and seizure.

Answer: Exclusionary Page Ref: 87 Objective: Identify the legal guidelines for conducting searches.

Level: Basic 4) A search warrant benefits the prosecutor by shifting the legal burden to the ________.

Answer: Defendant Page Ref: 89 Objective: Summarize what information must be contained on a search warrant.

Level: Basic 5) A search warrant ________ is prepared by a police officer in order to obtain a search warrant.

Answer: Affidavit Page Ref: 90 Objective: Summarize what information must be contained on a search warrant.

300

Level: Intermediate 6) Evidence might be excluded if the ________ was not found to be neutral.

Answer: Magistrate Page Ref: 88 Objective: Explain the exceptions to the exclusionary rule.

Level: Intermediate 7) A person can voluntarily ________ to the police to search their person, home, and property.

Answer: Consent Page Ref: 93 Objective: Identify the legal guidelines for conducting searches.

Level: Basic 8) A temporary stop and frisk detention is justified based upon a(n) ________ suspicion that criminal activity is occurring.

Answer: Reasonable Page Ref: 94 Objective: Explain when warrantless searches are authorized under law.

Level: Intermediate 9) The ________ view exception permits investigators to seize evidence without a warrant if the officer is lawfully in a position to plainly see an incriminating object of evidence.

Answer: Plain Page Ref: 95 Objective: Explain when warrantless searches are authorized under law.

Level: Basic 10) The U.S. Supreme Court has held that ________ fields are not protected by the Fourth Amendment.

Answer: Open Page Ref: 96 Objective: Explain when warrantless searches are authorized under law.

Level: Intermediate

301

5.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Officer's authority to search incident to an arrest B) No warrant needed C) Visible to the eye D) Verbal agreement E) Killing of another F) Possess power to kill/injure G) Pat down for weapon H) Running from the police I) Custody after violating a law J) Capable of attack 1) Consent Page Ref: n/a Objective: n/a Level: Intermediate 2) Exigent circumstances Page Ref: n/a Objective: n/a Level: Intermediate 3) Stop and frisk Page Ref: n/a Objective: n/a Level: Intermediate 4) Plain view Page Ref: n/a Objective: n/a Level: Intermediate 5) Fleeing felon Page Ref: n/a Objective: n/a Level: Intermediate 6) Deadly force Page Ref: n/a Objective: n/a Level: Intermediate

302

7) Ability Page Ref: n/a Objective: n/a Level: Intermediate 8) Opportunity Page Ref: n/a Objective: n/a Level: Intermediate 9) Scope of the search Page Ref: n/a Objective: n/a Level: Intermediate 10) Arrest Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) D 2) B 3) G 4) C 5) H 6) E 7) F 8) J 9) A 10) I 5.5 Essay Questions 1) Discuss reasonable deadly force.

Answer: Deadly force can be used to prevent an escape when the suspect has threatened an officer with a weapon, when there is a threat of death or serious bodily injury to the officer or others, if there is probably cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious bodily injury and when practical some warning has been given by the officer. Other key issued include: ability, opportunity, jeopardy.

Page Ref: 102-103 Objective: Explain when police officers can use deadly force.

Level: Intermediate 2) List and explain the three advantages to searching with a search warrant.

Answer: Evidence obtained through the use of a search warrant may also be more readily accepted by courts than evidence that was seized without a warrant or incident to arrest. In addition, the officer is protected from civil liability when a warrant is obtained. A search warrant also benefits the prosecutor by shifting the legal burden to the defendant.

Page Ref: 89 Objective: Summarize what information must be contained on a search warrant.

Level: Intermediate

303

3) Describe and give examples of the three situations in which judges would most likely uphold a warrantless search.

Answer: A warrantless search would likely be upheld when there is a threat of the removal or destruction of evidence, when there is a danger to life, or when there is a threat of a suspect escaping. In addition, consensual and plain-view searches do not require a warrant. Other examples may be included.

Page Ref: 91-95 Objective: Explain when warrantless searches are authorized under law.

Level: Intermediate 5.6 Critical Thinking Questions 1) You are on patrol and you are called to potential domestic violence situation. Upon arrival at the residence, you hear loud screaming and cries for help. You automatically entered the house to find 2 females in a physical altercation. Not only are they fighting but you notice a bag of marijuana lying on the counter. Discuss what you will do and how you have a right to make the choices you have selected.

Answer: You break the two apart, seek medical treatment if necessary, arrest the perpetrator(s), conduct a search of the person(s) and obtain the marijuana which is in plain view. After you take the person(s) to jail, you obtain a warrant. You are able to take the person(s) into custody based on a physical observed fight as well as the marijuana which is clearly evident for all to see.

Page Ref: n/a Objective: Explain when warrantless searches are authorized under law.

Level: Intermediate 2) Discuss and define the Deadly Force Triangle. Then provide an example in which this could occur and police would have the justification to use deadly force.

Answer: Ability: The attacker must possess the power to kill or inflict crippling injury (suspect has a weapon that can be used to inflict this injury. Opportunity: The attacker must be capable of immediately employing that power in an attack (the suspect is within proximity to affect an injury/death to another). Jeopardy: The attacker must act in a manner that a reasonable and prudent person would conclude that the attacker has intent to kill or inflict crippling injury (he/she has a weapon and is within proximity to do so and will if not stopped). Examples can include suicide by cop situations or school shootings where suspects have a handgun, are around many people and close enough to inflict serious bodily injury.

Page Ref: 102-103 Objective: Explain when police officers can use deadly force.

Level: Intermediate

304

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 6 Interviews and Interrogations 6.1 Multiple Choice Questions 1) Which of the following is NOT a good example of an interrogation question because it is accusatory?

A) "Where were you last night at midnight?"

B) "Do you own a gun?"

C) "Did you shoot the victim?"

D) "Do you know who Robert Jones is?"

Answer: C Page Ref: 110 Objective: Differentiate between interviews and interrogations.

Level: Basic 2) The cognitive interview is best used for eliciting information from: A) Witnesses B) Victims C) Suspects D) Both A and B Answer: D Page Ref: 110 Objective: Describe effective interviewing and interrogation techniques.

Level: Basic 3) What is the purpose of the cognitive interview?

A) To reduce false confessions B) To elicit better information from victims and witnesses C) To obtain confessions from suspects D) To aid investigators in obtaining consent to a polygraph Answer: B Page Ref: 110 Objective: Describe the procedures for conducting the cognitive interview technique.

Level: Intermediate 4) Which of the following is a goal of the interrogation process?

A) To learn the truth of the crime and how it happened B) To obtain an admission of guilt from the suspect C) To provide information for use by the prosecutors in possible court action D) All of the above Answer: D Page Ref: 112 Objective: Differentiate between interviews and interrogations.

Level: Basic

305

5) Sam Smith's confession was ruled inadmissible by a court of law because he had been deprived of food and water for many hours before confessing. Which of the following methods bet describes his treatment?

A) Constraint B) Arraignment C) Duress D) Coerced internalization Answer: C Page Ref: 112 Objective: Summarize the legal requirements for interviewing and interrogating, including Miranda rights.

Level: Intermediate 6) Sam Smith gave his confession after being threatened with physical abuse if he did not confess. Which of the following methods best describes his treatment?

A) Constraint B) Arraignment C) Duress D) Coercion Answer: D Page Ref: 112 Objective: Explain the procedures for proper interrogations.

Level: Intermediate 7) Which of the following is incorrect regarding the Miranda warnings?

A) It applies only when the testimonial evidence is being sought.

B) It provides the suspect the right to remain silent during an interrogation.

C) It allows the suspect to have his/her lawyer present during an interrogation.

D) It applies to both custodial interrogations and to circumstances in which the suspect is free to leave.

Answer: D Page Ref: 113-114 Objective: Summarize the legal requirements for interviewing and interrogating, including Miranda rights.

Level: Intermediate

306

8) A woman told police that she was just raped at gunpoint and the suspect fled into a nearby store. They located Ben Quarles and found an empty holster on him. After handcuffing him they asked where the gun was and he told them where to locate it. The gun was retrieved and he was read his Miranda rights. The actions of the police in seizing the gun were: A) Unlawful because they failed to read him his Miranda rights before questioning him B) Unlawful because the victim had not yet positively identified the suspect C) Unlawful because there was not a pressing need to locate the gun before he could be advised of his rights D) Lawful because there was a concern for the public's safety Answer: D Page Ref: 114 Objective: Summarize the legal requirements for interviewing and interrogating, including Miranda rights.

Level: Intermediate 9) When are Miranda warning required to be read to a suspect?

A) Whenever a person is in custody and prior to interrogation B) Whenever a person is arrested, immediately at the time of the arrest C) Whenever a person is interrogated regarding a crime D) Whenever a police officer is questioning a suspect Answer: A Page Ref: 113 Objective: Summarize the legal requirements for interviewing and interrogating, including Miranda rights.

Level: Basic 10) Ideally, how should an interrogation room be set up?

A) Business-like environment rather than a police-like environment B) Like a living room with carpet, tables, chairs and pictures on the wall C) A table should separate the suspect and the interrogator D) A small table near the suspect to make them feel more at ease Answer: A Page Ref: 114 Objective: Explain the procedures for proper interrogations.

Level: Basic

307

11) After an investigation into a white collar crime of theft, a married man with three older children is arrested. The investigator thinks that the suspect may be affected by an emotional appeal, so the interrogator speaks in low tones, and includes expressions of concern and understanding for the suspect, his or her spouse, children, business, and so on. Which interrogation style is the investigator using?

A) Logical style B) Sympathetic style C) Indifferent style D) Face-saving style Answer: B Page Ref: 115 Objective: Describe effective interviewing and interrogation techniques.

Level: Intermediate 12) A police officer is interrogating a suspect in a white collar crime case where several hundred thousand dollars are suspected to have been stolen. When asked if knows anything about the missing money, the suspect puts his hands over his mouth and says, "I don't know what you're talking about." What conclusion can the investigator draw from the suspect's behavior and answer?

A) The suspect is probably being truthful B) The suspect is definitely being truthful C) The suspect does not understand the question and is stalling D) The suspect is probably lying Answer: D Page Ref: 115 Objective: Identify how lying and deception are detected.

Level: Intermediate 13) By watching a suspect's hands, which of the following would be an indication that they are probably telling the truth?

A) He covers both eyes B) Hands over mouth C) Hand on chin D) Touches or rubs nose while talking Answer: C Page Ref: 117 Objective: Identify how lying and deception are detected.

Level: Intermediate

308

14) A police officer is questioning a witness to a sexual assault and asks, "How much did Anne have to drink while in your bar?" The witness replies with his hands on his chin and says, "I served her four or five martinis. I can't say for sure. We could check the surveillance cameras."

What conclusion can the investigator draw from the witness's behavior and answer?

A) The witness is probably being truthful.

B) The witness is definitely being truthful.

C) The witness does not understand the question and is stalling.

D) The witness is probably lying.

Answer: A Page Ref: 117 Objective: Identify how lying and deception are detected.

Level: Intermediate 15) What statement below best describes the use of the polygraph?

A) The polygraph is no longer allowed to be used by police due to some recent appellate court rulings.

B) Proper use of this tool can help an investigator determine a suspect's guilt or innocence.

C) The polygraph is admissible in all felony cases.

D) The polygraph is admissible only in misdemeanor cases.

Answer: B Page Ref: 117 Objective: Identify how lying and deception are detected.

Level: Intermediate 16) An investigative tool gaining considerable popularity with law enforcement agencies is the voice stress analyzer (VSA). Which statement below is TRUE of this technology?

A) The admiration of the VSA test requires lengthy training similar to the polygraph.

B) The VSA detects, measures, and displays changes in the voice print frequency.

C) Like the polygraph, the VSA test requires "yes" or "no" answers.

D) None of the statements above are true regarding VSA. Answer: B Page Ref: 119 Objective: Identify how lying and deception are detected.

Level: Intermediate 17) Which of the following is a reason that innocent people confess?

A) Intoxication B) Fear of violence C) Ignorance of the law D) All of the above Answer: D Page Ref: 120 Objective: Explain why people confess.

Level: Basic

309

18) An investigator is interrogating a suspect in a sexual assault. The investigator asked, "Why did you force yourself on her?" The suspect answered, "I had sex with her but it was consensual!" What kind of statement did the suspect just make?

A) A confession B) A false confession C) An admission D) A legal denial per State v. Illinois Answer: C Page Ref: 120 Objective: Differentiate between interviews and interrogations.

Level: Difficult 19) Good interviewing techniques includes all but which of the following?

A) Being a good listener B) Maintaining control of the interview C) Not disputing the subject's answers D) Allowing the person being interviewed to have a support person Answer: D Page Ref: 111 Objective: Describe effective interviewing and interrogation techniques.

Level: Intermediate 20) An investigator is interviewing a witness to an armed robbery. The witness is willing to talk and is offering a lot of details during the interview. What is the best method to record notes during this interview?

A) Attempt to take complete notes while the citizen is narrating a story and continually ask the witness to: "Go on..." when the witness slows down to allow you to write everything down.

B) Ask the witness to slow down so that you can take better notes.

C) Do not take any notes.

D) Take brief notes consisting of names, addresses, and certain phrases that will outline the narrative for review.

Answer: D Page Ref: 111 Objective: Summarize how to take written and recorded statements.

Level: Intermediate 6.2 True/False Questions 1) An interrogation is a question-and-answer session with a suspect, victim or witness that is non-accusatory in nature.

Answer: FALSE Page Ref: 109 Objective: Differentiate between interviews and interrogations.

Level: Basic

310

2) During the interview when the officer is convinced that the subject is lying, it is still crucial he/she maintain a non-accusatory demeanor.

Answer: TRUE Page Ref: 109 Objective: Describe effective interviewing and interrogation techniques.

Level: Basic 3) According to John Reed and Associates, during an interview the investigator should talk about 80% of the time and the person being interviewed 20%.

Answer: FALSE Page Ref: 109 Objective: Describe effective interviewing and interrogation techniques.

Level: Basic 4) The cognitive interview is less directive and, in some ways, a questionless interview.

Answer: TRUE Page Ref: 110 Objective: Describe the procedures for conducting the cognitive interview technique.

Level: Basic 5) Law enforcement tactics that place undue pressure on suspects to "cooperate" sometimes induce innocent people to confess to crimes they did not commit.

Answer: TRUE Page Ref: 120 Objective: Explain why people confess.

Level: Basic 6) Subjecting a suspect to physical and mental stress is usually avoided during police interrogations, but it may be justified under extreme circumstances if officers cannot elicit information any other way.

Answer: FALSE Page Ref: 112 Objective: Summarize the legal requirements for interviewing and interrogating, including Miranda rights.

Level: Basic 7) The interrogation room should reflect a more business-like atmosphere than a police-like atmosphere.

Answer: FALSE Page Ref: 114 Objective: Explain the procedures for proper interrogations.

Level: Basic

311

8) Officers who are concerned for public safety may question persons who are in custody and who have not been read the Miranda warning.

Answer: TRUE Page Ref: 114 Objective: Summarize the legal requirements for interviewing and interrogating, including Miranda rights.

Level: Basic 9) An example of a verbal-probing technique is, "You stated that you saw the man entering her apartment. What did you mean?"

Answer: TRUE Page Ref: 112 Objective: Describe effective interviewing and interrogation techniques.

Level: Basic 10) Once a suspect has acknowledged their Miranda rights and agree to speak with a police, they cannot refuse to answer any questions asked of them.

Answer: FALSE Page Ref: 114 Objective: Summarize the legal requirements for interviewing and interrogating, including Miranda rights.

Level: Intermediate 11) Research has shown that vocal changes occur 95 percent of the time when a person lies.

Answer: TRUE Page Ref: 115 Objective: Identify how lying and deception are detected.

Level: Intermediate 12) The "loophole" liar typically responds by saying, "I can't remember" or "to the best of my recollection" which gives them a way out if they are contradicted.

Answer: TRUE Page Ref: 116 Objective: Identify how lying and deception are detected.

Level: Intermediate 13) The FBI gives a polygraph test to their new agents and witnesses and informants in major criminal investigations.

Answer: TRUE Page Ref: 118 Objective: Identify how lying and deception are detected.

Level: Intermediate

312

14) Unlike the polygraph which is permitted to be used in court, the courts still consider the voice stress analyzer "junk science."

Answer: FALSE Page Ref: 119 Objective: Identify how lying and deception are detected.

Level: Intermediate 15) The suspect should be asked to read and sign each page at the bottom of the written statement.

Answer: TRUE Page Ref: 121 Objective: Summarize how to take written and recorded statements.

Level: Basic 6.3 Fill in the Blank Questions 1) An ________ is accusatory.

Answer: Interrogation Page Ref: 117 Objective: Differentiate between interviews and interrogations.

Level: Basic 2) A(n) ________ is a question and answer session with a suspect, victim, or witnesses that is nonaccusatory in nature.

Answer: Interview Page Ref: 109 Objective: Differentiate between interviews and interrogations.

Level: Basic 3) During the interview process, the interviewer should develop a plan of ________.

Answer: Action Page Ref: 111 Objective: Differentiate between interviews and interrogations.

Level: Intermediate 4) In the case of Miranda v. Arizona the Court held that a suspect had an absolute right to be warned of his or her rights to remain silent and of their right to ________, among other rights.

Answer: Counsel Page Ref: 113 Objective: Summarize the legal requirements for interviewing and interrogating, including Miranda rights.

Level: Intermediate

313

5) A suspect may ________ their Miranda safeguards; however the prosecutor then has a heavy burden to prove that the waiver was freely and knowingly given.

Answer: Waive Page Ref: 113 Objective: Summarize the legal requirements for interviewing and interrogating, including Miranda rights.

Level: Difficult 6) The subject holding his head in a(n) ________ position indicates that he is interested and probably telling the truth during an interview.

Answer: Tilted Page Ref: 117 Objective: Identify how lying and deception are detected.

Level: Intermediate 7) A(n) ________ a self-incriminating statement made by the suspect that falls short of an acknowledgment of guilt.

Answer: Admission Page Ref: 120 Objective: Identify how lying and deception are detected.

Level: Intermediate 8) A(n) ________ is direct acknowledgment by the suspect of his or her guilt in the commission of a specific crime or as being an integral part of a specific crime.

Answer: Confession Page Ref: 120 Objective: Explain why people confess.

Level: Intermediate 9) ________ is the use, or threat of use of illegal physical methods to induce a suspect to make an admission or confession.

Answer: Coercion Page Ref: 112 Objective: Summarize the legal requirements for interviewing and interrogating, including Miranda rights.

Level: Intermediate 10) ________ is the imposition of restrictions on physical behavior.

Answer: Duress Page Ref: 112 Objective: Summarize the legal requirements for interviewing and interrogating, including Miranda rights.

Level: Intermediate

314

6.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Accusatory B) Restricted liberty C) Water and food deprivation D) Interview aid E) Uses the sense of pride F) Goal of interrogation G) Use of overwhelming evidence H) Way out I) Physical threat J) Emotional play on words 1) Interrogation Page Ref: n/a Objective: n/a Level: Intermediate 2) Truth Page Ref: n/a Objective: n/a Level: Intermediate 3) Coercion Page Ref: n/a Objective: n/a Level: Intermediate 4) Duress Page Ref: n/a Objective: n/a Level: Intermediate 5) Custodial interrogation Page Ref: n/a Objective: n/a Level: Intermediate 6) Polygraph Page Ref: n/a Objective: n/a Level: Intermediate

315

7) Face-saving style Page Ref: n/a Objective: n/a Level: Intermediate 8) Sympathetic style Page Ref: n/a Objective: n/a Level: Intermediate 9) Logical style Page Ref: n/a Objective: n/a Level: Intermediate 10) Egotistical style Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) A 2) F 3) I 4) C 5) B 6) D 7) H 8) J 9) G 10) E 6.5 Essay Questions 1) Discuss what considerations should be observed during the interview process.

Answer: Develop a plan of action (data prior to questioning), conduct the interview in private (greatest amount of privacy possible), place the interviewee at ease (remove emotional stress and discord), be a good listener (let them speak), ask the right questions (non-emotional questions), do not dispute the subjects answers, maintain control of the interview (keep conversation going in the correct direction), take brief notes, and adjourn the interview promptly.

Page Ref: 111 Objective: Describe effective interviewing and interrogation techniques.

Level: Intermediate 2) Discuss the main goals of the interrogation process.

Answer: The main goals include: To learn the truth of the crime and how it happened, to obtain an admission from a suspect, to obtain all facts to determine the method of operation and the circumstances of the crime, to gather information that enables investigators to arrive at logical conclusions, and to provide information for use by prosecutors in possible court actions.

Page Ref: 112 Objective: Explain the procedures for proper interrogations.

Level: Intermediate

316

3) Discuss the purpose of Miranda rights and define what they are.

Answer: Miranda asks the legal question, "Do the police have a responsibility to inform a subject of an interrogation of his or her constitutional rights involving self-incrimination and a right to counsel before questioning?" Miranda is as follows: You have the right to remain silent..

Anything you can and will be used against you in a court of law. You have the right to talk to a lawyer and have him present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements.

Page Ref: 113-114 Objective: Summarize the legal requirements for interviewing and interrogating, including Miranda rights.

Level: Intermediate 4) Discuss the steps involved in conducting a cognitive interview.

Answer: The first step is introductions that established a relationship. Next, four retrieval rules are introduced. The offender is then given an opportunity to provide an uninterrupted narration.

The interviewer will then guide the interviewee through several fact-based scenarios, which aids the person in evaluating their recollections. Techniques can include: think-aloud and verbalprobing.

Page Ref: 110-111 Objective: Describe the procedures for conducting the cognitive interview technique.

Level: Intermediate 6.6 Critical Thinking Questions 1) Discuss the positives and negatives of a written statement verses a recorded statements.

Answer: Answers will vary. Positively, the written and recorded statements are in the offenders own words and details of extenuating circumstances or explanations can be offered. The suspect may not want to sign the written statement. Negatively, the written statement is based on the offenders ability to write, and may lack details. The officer may write the statement for the offender, but must write it strictly as how it was said. Recorded statements may have a positive effect if the suspect has difficulty reading and writing. Negatively, the offender may become nervous having his statement recorded. Video recording also allows others to see nonverbal communication. Video recording also allows for observers to verify that no coercive behavior was included and that the statement was given voluntarily.

Page Ref: 123 Objective: Summarize how to take written and recorded statements.

Level: Intermediate

317

2) You are an investigator that chooses several different styles of interview techniques, often based on crime type and attitude of the criminal. Define and discuss a minimum of two interview styles you would use in the course of an investigation.

Answer: Logical style—overwhelming evidence is available, persuades subject that cooperation is the only way the charges will be lessened, cooperation will be brought to the attention of the prosecutor of the case; sympathetic style—suspect can be affected by emotional appeal, speaks in low tones, expresses concern, self-pity is shown, grief of guilt is achieved; indifferent style— investigator shows they do not care either way, they are going through the motions and hoping for justice to be served; face-saving style—investigator gives suspect a way out and allows him/her to justify their actions, rationalizing them and the investigator diminished the importance of the actions; egotistical style—investigator tells the suspect how daring the crime was, how difficult it was to commit, how it took a great deal of planning and not just anyone could have pulled it off, suspect tells details to impress the investigator.

Page Ref: 115 Objective: Describe effective interviewing and interrogation techniques.

Level: Difficult

318

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 7 Criminal Intelligence and Surveillance Operations 7.1 Multiple Choice Questions 1) The identification and arrest of major crime figures has been the result of: A) Recruitment of confidential informants B) Collection of criminal intelligence C) Crime tip sources D) Combined agency collaborations and Task Forces Answer: B Page Ref: 128 Objective: Summarize the types of criminal intelligence.

Level: Basic 2) Patrol division personnel can be especially instrumental in providing ________ intelligence regarding business and residential activities of major criminals in the area.

A) Covert B) Confidential C) Overt D) Documented Answer: C Page Ref: 129 Objective: Summarize the types of criminal intelligence.

Level: Basic 3) The most common form of covert information collection includes the process known as: A) Media data collection B) Intelligence gathering C) Criminal Intelligence D) Criminal Investigation Answer: B Page Ref: 129 Objective: Distinguish between the criminal intelligence and criminal investigation functions.

Level: Basic 4) The two basic types of criminal intelligence are: A) Diplomatic and Strategic B) Strategic and Conventional C) Political & Tactical D) Strategic and Tactical Answer: D Page Ref: 130 Objective: Summarize the types of criminal intelligence.

Level: Basic

319

5) Strategic intelligence is most useful in: A) Organizing long-range plans for interdiction in criminal activities of extended B) Targeting criminal activity of immediate importance to the investigator C) Conducting background histories of victims and suspects D) Being applied to any criminal investigation under consideration Answer: A Page Ref: 130 Objective: Summarize the types of criminal intelligence.

Level: Basic 6) Tactical intelligence is most useful in: A) Organizing long-range plans for interdiction in criminal activities of extended B) Targeting criminal activity of immediate importance to the investigator C) Conducting background histories of victims and suspects D) Being applied to any criminal investigation under consideration Answer: B Page Ref: 131 Objective: Summarize the types of criminal intelligence.

Level: Basic 7) The four primary components of the intelligence gathering function are: A) Target selection, target acquisition, data compilation and dissemination B) Target selection, data collection, data collation & analysis and dissemination C) Data collection, data assessment, target selection and information distribution D) Data collection and assessment, target acquisition, data correlation and information confirmation Answer: B Page Ref: 131 Objective: Explain the procedures for the intelligence-gathering process.

Level: Intermediate 8) The analysis of intelligence data often requires the diagramming of information in the forms of: A) Backflow charts and logistics analysis B) Dissemination and distribution charts C) Link analysis and flowcharting D) Distribution and frequency charting Answer: C Page Ref: 134 Objective: Explain the procedures for flowcharting used in the intelligence-gathering process.

Level: Intermediate

320

9) A "commodity flowchart" is often used by investigators to: A) Maintain an accurate record of resources utilized and expenses incurred during an investigation B) Monitor and document the movement of illegal substances and cash exchanges of criminal activities C) Identify the vehicles and properties in use by a criminal organization D) None of the above Answer: B Page Ref: 134 Objective: Explain the procedures for flowcharting used in the intelligence-gathering process.

Level: Intermediate 10) The leapfrog method is used for which of the following types of surveillance?

A) Fixed surveillance B) Stake-out surveillance C) Electronic surveillance D) Foot surveillance Answer: D Page Ref: 137 Objective: Explain the types of surveillance in criminal investigation.

Level: Basic 11) Surveillance is a process that allows investigators to perform which of the following actions?

A) Purge dated files no longer needed by the department B) Review court decisions relevant to the crime C) Make fragmented information flow in a logical sequence D) Observe a suspect without arousing his or her suspicions Answer: D Page Ref: 136 Objective: Explain the types of surveillance in criminal investigation.

Level: Basic 12) Which of the following is the final stage of the intelligence process?

A) Analysis B) Target selection C) Dissemination D) Data collection Answer: C Page Ref: 133 Objective: Explain the procedures for the intelligence-gathering process.

Level: Basic

321

13) Which of the following factors is considered in determining the target utility?

A) Amount of criminal activity B) Availability of sources of information C) Amount of effort to be expended D) Expertise of the intelligence unit personnel Answer: A Page Ref: 132 Objective: Describe how a stakeout is conducted.

Level: Basic 14) Which of the following actions best describes the collation process?

A) Determining target utility B) Maintaining storage systems C) Comparing texts carefully D) Arranging surveillance reports Answer: C Page Ref: 133 Objective: Explain the procedures for the intelligence-gathering process.

Level: Basic 15) Which of the following is the first step in the intelligence gathering process?

A) Target selection B) Collection C) Dissemination D) Analysis Answer: A Page Ref: 132 Objective: Explain the procedures for the intelligence-gathering process.

Level: Basic 16) Which of the following is a key technology in satellite-assisted surveillance?

A) Link analysis B) Forward-Looking infrared (FLIR) systems C) Regional Information Sharing Systems (RISS) D) Global Positioning System (GPS) Answer: D Page Ref: 140 Objective: Explain the procedures for the intelligence-gathering process.

Level: Basic

322

17) Which statement below best reflects the reason for the lack of subsequent terrorist attacks in the United States since September, 2011?

A) Many similar attacks on domestic soil have been prevented through the combined efforts of all agencies.

B) Foreign terrorists have little or no interest in attacking the United States directly since 9-11.

C) The Al Qaida organization does not really exist since Bin Laden has been killed by U.S. forces.

D) All of the above statements are true.

Answer: A Page Ref: 129 Objective: Summarize the types of criminal intelligence.

Level: Basic 18) Which of the processes described below describe covert intelligence collection methods?

A) Direct questioning of witnesses, actors, and other sources of information B) The use of physical surveillance, electronic surveillance, informants, and undercover officers C) An interview with the victim of a crime D) The patrol division gathers covert intelligence by noting activity around criminal residences or businesses Answer: B Page Ref: 129 Objective: Explain the procedures for the intelligence-gathering process.

Level: Basic 19) ________ is defined as knowledge of past, present, or future criminal activity that results from the collection of information that, when evaluated, provides the user with a basis for rational decision making.

A) Crime scene investigation B) Police search process C) Criminal intelligence D) Surveillance Answer: C Page Ref: 130 Objective: Explain the procedures for the intelligence-gathering process.

Level: Basic

323

20) The intelligence function includes target selection, data collection, data collation and analysis, and dissemination. During the investigation, investigators are considering these three questions: • Does this target conform to the unit's goals and objectives?

• Does the department (unit) have sufficient resources for the operation?

• What is the expected value of the target?

What phase of the intelligence gathering process are the investigators in?

A) Target selection B) Data collection C) Date collection and analysis D) Dissemination Answer: A Page Ref: 132 Objective: Explain the procedures for the intelligence-gathering process.

Level: Basic 21) Which of the following best describes the goal of the RISS projects?

A) To give both real-time and historical navigation data B) To facilitate overt intelligence collection C) To assume a position of noninvolvement in policy formation D) To offer access to intelligence databases and connect disparate systems Answer: D Page Ref: 136 Objective: Summarize the legal requirements of electronic surveillance.

Level: Basic 22) Which of the following is part of overt collection?

A) Personal interaction with victims of crimes B) Collecting data on criminal acts not yet occurred C) Use of physical or electronic surveillance D) Use of undercover officers Answer: A Page Ref: 129 Objective: Explain the procedures for the intelligence-gathering process.

Level: Basic 23) Which of the following is a type of intelligence that provides the investigator with information as to the capabilities and intentions of target subjects?

A) Tactical B) ABC method C) Strategic D) Network-based Answer: C Page Ref: 130 Objective: Summarize the types of criminal intelligence.

324

Level: Basic 24) The distinction between the different types of intelligence is often unclear because various methods are commonly used by different departments. The most common types of intelligence are strategic and tactical. Which of the following statements identifies how strategic intelligence is used?

A) Targets criminal activity considered to be of immediate importance to the investigator B) Furnishes the police agency with specifics about individuals and organizations C) Furnishes the police agency with specifics about different types of criminal activity D) Provides the investigator with information as to the capabilities and intentions of target subjects Answer: D Page Ref: 130 Objective: Summarize the types of criminal intelligence.

Level: Basic 25) A police department is holding intelligence files that are no longer accurate, are not relevant to the mission of the unit, do not pertain to investigative interests and activities, and contain insufficient supporting documentation. What should the police department do with these files?

A) These files should be purged.

B) The files should be held indefinitely.

C) The files should be transferred to the long-term file repository for possible future reference.

D) The files should be delivered to local media.

Answer: A Page Ref: 135 Objective: Summarize the types of criminal intelligence.

Level: Basic 7.2 True/False Questions 1) Criminal intelligence can be misused, if not regulated and carried out properly.

Answer: TRUE Page Ref: 128 Objective: Summarize the types of criminal intelligence.

Level: Basic 2) Covert information collection is the most common and includes a process known as intelligence gathering.

Answer: TRUE Page Ref: 129 Objective: Summarize the types of criminal intelligence.

Level: Basic 3) Event flow analysis is the most commonly used method of investigating drug kingpins.

Answer: FALSE Page Ref: 135 325

Objective: Explain the procedures for flowcharting used in the intelligence-gathering process.

Level: Basic 4) The primary purpose of the RISS projects is to provide the means to share criminal intelligence among member agencies.

Answer: TRUE Page Ref: 136 Objective: Explain the procedures for the intelligence-gathering process.

Level: Basic 5) To demonstrate a chain of events or activities over a period, a technique known as flowcharting is used.

Answer: TRUE Page Ref: 134 Objective: Explain the procedures for flowcharting used in the intelligence-gathering process.

Level: Basic 6) Each state in the United States is its own RISS region.

Answer: FALSE Page Ref: 136 Objective: Explain the procedures for the intelligence-gathering process.

Level: Basic 7) The dissemination stage of the intelligence process is the one in which the process most commonly breaks down.

Answer: TRUE Page Ref: 133 Objective: Explain the procedures for the intelligence-gathering process.

Level: Basic 8) Intelligence files should not be purged, and as a rule, all files should be maintained securely for a minimum of 10 years.

Answer: FALSE Page Ref: 135 Objective: Explain the procedures for the intelligence-gathering process.

Level: Basic 9) The inside team is responsible for briefing officers concerning their actions if a crime occurs.

Answer: TRUE Page Ref: 139 Objective: Summarize the types of criminal intelligence.

Level: Basic 10) The single or "one-officer surveillance" is the most difficult because the suspect must be kept in view at all times and close contact is required by the officer.

Answer: TRUE 326

Page Ref: 136 Objective: Explain the types of surveillance in criminal investigation.

Level: Basic 11) Whenever possible, the surveillance car should be occupied by more than one officer.

Answer: TRUE Page Ref: 138 Objective: Describe how a stakeout is conducted.

Level: Basic 12) Potential for the use of deadly force is a part of nearly all stakeouts.

Answer: TRUE Page Ref: 139 Objective: Describe how a stakeout is conducted.

Level: Basic 13) Facial recognition is an example of biometric surveillance.

Answer: TRUE Page Ref: 142 Objective: Summarize the legal requirements of electronic surveillance.

Level: Intermediate 14) Tapping of telephone lines is a relatively new investigative tool for law enforcement.

Answer: FALSE Page Ref: 141 Objective: Summarize the legal requirements of electronic surveillance.

Level: Intermediate 15) Credit agencies, utility records, banks, and insurance companies are all sources of information used in the data collection process.

Answer: TRUE Page Ref: 132 Objective: Distinguish between the criminal intelligence and criminal investigation functions.

Level: Intermediate 7.3 Fill in the Blank Questions 1) ________ information collection methods include the use of surveillance equipment, undercover officers, and informants.

Answer: Covert Page Ref: 129 Objective: Summarize the types of criminal intelligence.

Level: Intermediate 2) ________ information collection includes personal interaction with people, many of whom are witnesses, victims, and even suspects.

327

Answer: Overt Page Ref: 129 Objective: Summarize the types of criminal intelligence.

Level: Intermediate 3) ________ intelligence provides the investigator with a tool for long-range planning.

Answer: Strategic Page Ref: 130 Objective: Summarize the types of criminal intelligence.

Level: Intermediate 4) ________ intelligence targets criminal activity considered to be of immediate importance to the investigator.

Answer: Tactical Page Ref: 131 Objective: Summarize the types of criminal intelligence.

Level: Intermediate 5) To make sense out of the multitude of information, a process known as data description and ________ is used.

Answer: Integration Page Ref: 133 Objective: Explain the procedures for the intelligence-gathering process.

Level: Intermediate 6) ________ is the stage of intelligence process in which information is shared with other law enforcement agencies.

Answer: Dissemination Page Ref: 133 Objective: Distinguish between the criminal intelligence and criminal investigation functions.

Level: Basic 7) ________ analysis is a technique designed to show relationships between individuals and organizations, using a graphical visual design.

Answer: Link Page Ref: 134 Objective: Explain the types of surveillance in criminal investigation.

Level: Intermediate 8) ________ demonstrates a chain of events or activities over a period of time.

Answer: Flowcharting Page Ref: 134 Objective: Explain the procedures for flowcharting used in the intelligence-gathering process.

Level: Intermediate 9) ________ files are criminal information developed for the purpose of making an arrest and 328

gaining a conviction in a court of law.

Answer: Open Page Ref: 130 Objective: Summarize the types of criminal intelligence.

Level: Basic 10) Intelligence files are ________ files.

Answer: Closed Page Ref: 130 Objective: Summarize the types of criminal intelligence.

Level: Basic

329

7.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Fixed surveillance B) Criminal information for the purpose of making an arrest C) Worth of event D) Gives meaning E) Comparing texts F) Long range planning G) Immediately used H) Chain of events I) Graphic visual design J) Chosen systematically 1) Strategic intelligence Page Ref: n/a Objective: n/a Level: Intermediate 2) Tactical intelligence Page Ref: n/a Objective: n/a Level: Intermediate 3) Utility Page Ref: n/a Objective: n/a Level: Intermediate 4) Intelligence targets Page Ref: n/a Objective: n/a Level: Intermediate 5) Collation Page Ref: n/a Objective: n/a Level: Intermediate 6) Analysis Page Ref: n/a Objective: n/a Level: Intermediate

330

7) Link analysis Page Ref: n/a Objective: n/a Level: Intermediate 8) Flowcharting Page Ref: n/a Objective: n/a Level: Intermediate 9) Stakeout Page Ref: n/a Objective: n/a Level: Intermediate 10) Open files Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) F 2) G 3) C 4) J 5) E 6) D 7) I 8) H 9) A 10) B 7.5 Essay Questions 1) The role of the intelligence analyst can be critical in the investigative process. Discuss the four main roles which the analyst has that can influence the success of an investigation.

Answer: Guide data collection, suggest operational recommendations, provide information to decision makers, and to assume a position of noninvolvement in policy formation.

Page Ref: 134 Objective: Explain the procedures for flowcharting used in intelligence-gathering operations.

Level: Intermediate 2) The surveillance operation can produce a great deal of needed information for the investigator.

Discuss what detailed information can accomplish for the investigator.

Answer: Obtain evidence of a crime, prevent the commission of an act or apprehend a suspect in the commission of an act, locate persons or watch their hangouts and associates, obtain probable cause for obtaining search warrants, obtain information for later use in an interrogation, develop leads and information received from other sources, obtain admissible legal evidence for use in court, and protect undercover officers or corroborate their testimony.

Page Ref: 136 Objective: Explain the types of surveillance in criminal investigation.

Level: Intermediate

331

3) Your textbook identifies many items that surveillance officers should possess within their "Surveillance Kit Checklist." Identify a minimum of five of these items.

Answer: Department two-way radio, handheld portable radio with spare battery, cell phone, digital camera, digital video camera, tripod, binoculars, thermal imaging device, maps, compass, GPS, flashlight, change of clothing, food and water, cash, extra car keys, towels, and an equipment bag.

Page Ref: 138 Objective: Describe how a stakeout is conducted.

Level: Intermediate 7.6 Critical Thinking Questions 1) You are preparing to conduct a surveillance operation involving a local automobile theft ring and will need to be prepared. Determine what information you should have or attempt to obtain prior to conducting the actual surveillance.

Answer: A study of all files related to the suspects, their activities in crimes, their working and neighborhood environments, and the vehicles involved in the case. In studying information related to the suspects, the officer should focus on names and aliases, detailed physical descriptions, and photographs when available.

Page Ref: 136-137 Objective: Explain the types of surveillance in criminal investigation.

Level: Intermediate 2) You have been working with a local police department that makes use of their aviation unit's helicopter to conduct thermal imaging operations in seeking out drugs in your community.

Discuss and determine why you would choose to ask this organization for assistance with locating marijuana growing in your community.

Answer: Thermal imaging operates like a human eye but is more powerful. This device measures heat patterns and can be seen when they use this device. Heat is actually what is seen and for marijuana grows, the lighting used to assist the plants to grow would show intensely when viewed by thermal imaging. They are passive and nonintrusive, and can be used in the day or night. This device has been shown effective by law enforcement and the military, thus showing why one would request assistance to use this device.

Page Ref: 143 Objective: Summarize the legal requirements of electronic surveillance.

Level: Difficult

332

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 8 Informant Management and Undercover Operations 8.1 Multiple Choice Questions 1) Which is NOT a problem that can arise when using an informant?

A) The informant can become a source of public embarrassment for the law enforcement agency.

B) Informants are difficult to control.

C) Informants' credibility in court D) Informants entering the federal witness security program Answer: D Page Ref: 151 Objective: Explain how to properly document and process an informant.

Level: Basic 2) Which of the following is one of the motivations for a criminal informant?

A) The fearful informant B) The egotistical informant C) The reformed informant D) All of the above Answer: D Page Ref: 152 Objective: Explain how to maintain control of an informant during an investigation.

Level: Basic 3) Which of the following refers to informants who provide information with a hidden benefit or advantage to themselves?

A) Perversely motivated informants B) Egotistical informants C) Revengeful informants D) Reformed informants Answer: A Page Ref: 152 Objective: Explain how to maintain control of an informant during an investigation.

Level: Basic 4) Police use informants to solve certain crimes. Which person below falls under the typical definition of an informant?

A) Anyone who provides information of an investigative nature to law enforcement B) Victims C) Complainants in cases where the complainant is also the victim, especially in crimes against persons D) All of the above are considered informants Answer: A Page Ref: 151 Objective: Identify informants and their various uses.

333

Level: Basic 5) Which of the following is the best example of "flipping"?

A) Dante has agreed to provide information about an associate in exchange for his own charges being dropped.

B) Bruno, an associate of a crime family who has become an informant, is blackmailing his controlling officer.

C) Martin, a police officer, has accepted bribes from crime figures in exchange for not filing charges.

D) Nancy, an undercover informant, seeks to entrap a high level crime figure.

Answer: A Page Ref: 153 Objective: Summarize the legal framework for informant management.

Level: Basic 6) Which of the following is best recommended for controlling an informant?

A) Investigators should not have any personal contact with informants.

B) Investigators should allow informants great latitude in their activities.

C) Investigators should have frequent personal contact with informants.

D) Investigators should pay informants adequate amounts of money.

Answer: C Page Ref: 153 Objective: Explain how to maintain control of an informant during an investigation.

Level: Basic 7) Aguilar v. Texas established a two-prong test to the effect that an informant's information could provide probable cause if both of the following criteria are met. Which is one of the criteria?

A) The source of the information is made clear.

B) The police officer has a reasonable belief that the information is reliable.

C) The informant's reliability has been proven in past cases.

D) Both A and B Answer: D Page Ref: 154 Objective: Summarize the legal framework for informant management.

Level: Basic 8) Problems with informants can include: A) Investigators becoming too friendly with informants B) Crimes committed by the informant C) Officers who "own" their informants D) All of the above Answer: D Page Ref: 155 Objective: Explain how to maintain control of an informant during an investigation.

Level: Basic 334

9) Undercover operations can present problems which include: A) The officer is thrust into the criminal subculture and can be tempted to do things otherwise illegal or immoral B) The officer can be away from family and friends for extended periods of time C) The department can become involved in illegal activities D) All of the above Answer: D Page Ref: 156 Objective: Explain how to maintain control of an informant during an investigation.

Level: Basic 10) Which of the following is most likely TRUE of undercover officers?

A) Undercover officers rarely get overtime pay.

B) Undercover officers develop weight problems.

C) Undercover officers never document information on suspects.

D) Undercover officers establish a fictitious story to conceal identity.

Answer: D Page Ref: 157 Objective: Describe the undercover working environment.

Level: Basic 11) What is NOT one of the elements of an undercover operation?

A) The introduction B) The buy C) The after action D) The hand-off Answer: D Page Ref: 156 Objective: Describe the types of undercover operations.

Level: Basic 12) The term buy-bust refers to which undercover operation?

I. Purchasing illicit drugs II. Placing an individual under arrest III. Having an automobile accident while on duty A) II, III B) I, II C) I, III D) I, II, III Answer: B Page Ref: 156 Objective: Describe the types of undercover operations.

Level: Basic

335

13) Simply defined, the "cover story" is: A) A true story that the agent conveys to suspects about his background B) A fictitious story that the agent conveys to suspects about his background C) A plan regarding how to commit a major crime D) A lie regarding what drugs are available in town Answer: B Page Ref: 157 Objective: Explain how to protect the undercover officer's "cover."

Level: Basic 14) Risks in undercover assignments include all but which of the following?

A) Stress in relationships B) Development of Alcohol or Drug Abuse C) Problems of reintegration D) Desire to leave law enforcement Answer: D Page Ref: 159 Objective: Explain the methods of infiltration and the risks involved in undercover operations.

Level: Basic 15) An undercover police officer is using an informant in order to be introduced to a local drug dealer. Just prior to the operation, the informant, a convicted drug dealer himself, failed to meet the officer and purchased drugs without the officer present. The informant turned over the drugs to the officer immediately after the transaction. What problem does this situation exemplify when dealing with informants?

A) Informants are difficult to control.

B) Informants may be a source of embarrassment to the department.

C) Informants have questionable credibility in court.

D) Informants are highly motivated to "get the job over with" and often have difficulty waiting.

Answer: A Page Ref: 151 Objective: Explain how to maintain control of an informant during an investigation.

Level: Intermediate

336

16) A police officer stops a car for a traffic violation. The officer conducts a legal search of the vehicle after obtaining consent from the driver. The officer discovered three ounces of cocaine in the car. The driver is given a choice to be charged with felony possession with intent to deliver a controlled substance or cooperate with the police to identify and arrest the source of the cocaine.

What may motivate the driver to become an informant in this case? In other words, identify the category of informant the driver is most likely to fall under?

A) The fearful informant B) The financially motivated informant C) The revengeful informant D) The reformed informant Answer: A Page Ref: 152 Objective: Identify informants and their various uses.

Level: Intermediate 17) A police officer is using an informant to purchase drugs at a popular bar known for drug activity. The officer tells the informant, "I don't care what you have to do, just buy drugs from anyone inside and you'll get your money!" What legal question may arise following an arrest during this operation?

A) Fourth Amendment issues disallowing the evidence B) First Amendment issues by infringing on protected free speech in public areas C) Entrapment issues based on the instructions given to the informant D) Duress of the informant Answer: C Page Ref: 153 Objective: Summarize the legal framework for informant management.

Level: Intermediate 18) A police officer stops a car for a traffic violation. The officer conducts a legal search of the vehicle after obtaining consent from the driver. The officer discovered stolen property and a large amount of illegal prescription drugs in the car. The driver is given a choice to be charged with felony possession with intent to deliver a controlled substance or cooperate with the police to identify and arrest the source of the drugs. What process is the officer using?

A) This is an unlawful process in violation of the suspect's Fifth Amendment, due process rights.

B) This process is known as "flipping."

C) This process is known as "legal coercion."

D) This process is known as "duress."

Answer: B Page Ref: 153 Objective: Summarize the legal framework for informant management.

Level: Intermediate

337

19) A woman called police from a public phone and refused to identify herself. She told the police a suspect had shown her marijuana in his car and told her that in a few minutes he would be driving to a specified geographical area with the drugs. The informant provided investigators specific details about the suspect's vehicle and license plate number. The police followed up on the information given to them by the concerned citizen and located the vehicle. They stopped the vehicle, conducted a search, and found drugs in the car. The suspect was subsequently arrested.

Which statement below best reflects the credibility of the informant and the legality of the police actions?

A) The woman is credible and the officers had probable cause to search the vehicle and arrest the suspect.

B) Since the woman did not identify herself, the woman is not legally credible and as a result, the officers did not have probable cause to search the vehicle and arrest the suspect.

C) The woman is presumed credible since no evidence exists to overcome the presumption, thus the officers had probable cause to search the vehicle and arrest the suspect.

D) The woman is not credible since a legitimate motivation was not identified by the police, thus the search and arrest are void.

Answer: B Page Ref: 151-153 Objective: Summarize the legal framework for informant management.

Level: Difficult 20) An undercover police officer approached a suspected drug dealer in a bar. The undercover officer purchased a beer for the suspect and began a conversation about sports. The officer then told the suspect that he was out of a job and was wondering how he was going to pay his rent and other bills. The suspect became comfortable with the officer and said, "Are you looking to make a little money?" The officer replied, "I would love to make some cash. What do you have in mind?" The suspect said, "I'm looking for some help in selling some Oxy. Are you interested?"

Based on the undercover operation above, what can be said about the issue of entrapment?

A) There is entrapment because the officer induced the suspect to commit a crime.

B) There is no entrapment because the officer induced the suspect to commit a crime.

C) There is entrapment because the officer provided an opportunity to commit a crime.

D) There is no entrapment because the officer provided an opportunity to commit a crime.

Answer: D Page Ref: 153 Objective: Summarize the legal framework for informant management.

Level: Difficult 8.2 True/False Questions 1) The FBI's Most Wanted list, maintained since 1950, is still a mainstay in crime fighting today.

Answer: FALSE Page Ref: 150 Objective: Identify informants and their various uses.

Level: Basic

338

2) A police informant may legitimately conduct "controlled" undercover transactions.

Answer: TRUE Page Ref: 152 Objective: Explain how to maintain control of an informant during an investigation.

Level: Basic 3) The "Aguilar-Spinelli two-prong test"" was used by courts for evaluating whether information provided by an informant properly established probable cause for an arrest or search.

Answer: TRUE Page Ref: 154 Objective: Summarize the legal framework for informant management.

Level: Basic 4) The egotistical informant has a desire to associate with law enforcement.

Answer: TRUE Page Ref: 152 Objective: Identify informants and their various uses.

Level: Basic 5) The perversely motivated informant gives information in exchange for a fee.

Answer: FALSE Page Ref: 152 Objective: Identify informants and their various uses.

Level: Basic 6) In order to avoid entrapment, criminal suspects must be given an "opportunity" for the commission of a crime and not the "motivation."

Answer: TRUE Page Ref: 153 Objective: Summarize the legal framework for informant management.

Level: Basic 7) During initial meetings between the investigator and potential informants, officers should tell the informant that minor criminal activity on their part will be "overlooked."

Answer: FALSE Page Ref: 157 Objective: Explain how to maintain control of an informant during an investigation.

Level: Basic 8) "Flipping" refers to a situation in which an undercover agent indulges in illegal operations.

Answer: FALSE Page Ref: 153 Objective: Summarize the legal framework for informant management.

Level: Basic

339

9) Paranoia is common among drug dealers and they will pretend to know more about the undercover officer than they actually know.

Answer: TRUE Page Ref: 158 Objective: Explain how to properly document and process an informant.

Level: Basic 10) Undercover officers can feel guilty because of the need to betray those (criminal suspects) who have come to trust you.

Answer: TRUE Page Ref: 159 Objective: Explain the methods of infiltration and the risks involved in undercover operations.

Level: Basic 11) The uncertainty in an undercover assignment can be a great stressor for the officer.

Answer: TRUE Page Ref: 159 Objective: Describe the undercover working environment.

Level: Basic 12) Learning the interests of the suspects can help the officer gain the confidence of the suspect.

Answer: TRUE Page Ref: 159 Objective: Summarize the usefulness of undercover investigations.

Level: Basic 13) The DEA gives special consideration to candidates with degrees in criminal justice/police science.

Answer: TRUE Page Ref: 160 Objective: Explain how to protect the undercover officer's "cover."

Level: Basic 14) The DEA requires that candidates possess a high school diploma or GED in order to be accepted for a position.

Answer: FALSE Page Ref: 160 Objective: Explain how to protect the undercover officer's "cover."

Level: Basic 15) The DEA's hiring process may take 12 months or longer.

Answer: TRUE Page Ref: 160 Objective: Explain how to protect the undercover officer's "cover."

Level: Basic

340

8.3 Fill in the Blank Questions 1) In Illinois v. Gates, the Supreme Court adopted a "totality of the ________" approach to the use of informant information.

Answer: Circumstances Page Ref: 155 Objective: Summarize the legal framework for informant management.

Level: Intermediate 2) The ________ typically makes the introduction in undercover work.

Answer: Informant Page Ref: 156 Objective: Identify informants and their various uses.

Level: Basic 3) ________ means one's ability to be believed.

Answer: Credibility Page Ref: 151 Objective: Explain how to properly document and process an informant.

Level: Basic 4) The reason why someone does something is known as their ________.

Answer: Motivation Page Ref: 152 Objective: Identify informants and their various uses.

Level: Basic 5) ________ occurs when an undercover officer convinces a criminal suspect to commit a crime he or she was not predisposed to commit.

Answer: Entrapment Page Ref: 153 Objective: Explain how to maintain control of an informant during an investigation.

Level: Intermediate 6) ________ cover is working undercover for extended periods of time.

Answer: Deep Page Ref: 157 Objective: Describe the undercover working environment.

Level: Intermediate 7) ________ money is money required to initiate an undercover drug transaction.

Answer: Seed Page Ref: 156 Objective: Describe the types of undercover operations.

Level: Intermediate

341

8) A(n) ________ story is a fictitious story that the agent uses.

Answer: Cover Page Ref: 157 Objective: Describe the undercover working environment.

Level: Basic 9) Undercover work is one of the most ________ jobs that a police officer can undertake.

Answer: Stressful Page Ref: 159 Objective: Describe the undercover working environment.

Level: Intermediate 10) Stress can result from an apparent lack of direction of the investigation and not knowing when it will ________.

Answer: End Page Ref: 159 Objective: Describe the undercover working environment.

Level: Intermediate

342

8.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Believe in someone B) Guilt C) Methodical process after an established cover story D) Fictitious life E) Detection and retribution F) Not uncommon in criminal underworld G) Why someone does something H) Mercenary I) Delight in snitching J) Hidden benefit 1) Fearful informant Page Ref: n/a Objective: n/a Level: Intermediate 2) Financially motivated informant Page Ref: n/a Objective: n/a Level: Intermediate 3) Revengeful informant Page Ref: n/a Objective: n/a Level: Intermediate 4) Egotistical informant Page Ref: n/a Objective: n/a Level: Intermediate 5) Perversely motivated informant Page Ref: n/a Objective: n/a Level: Intermediate 6) Reformed informant Page Ref: n/a Objective: n/a Level: Intermediate

343

7) Credibility Page Ref: n/a Objective: n/a Level: Intermediate 8) Motivation Page Ref: n/a Objective: n/a Level: Intermediate 9) Infiltration Page Ref: n/a Objective: n/a Level: Intermediate 10) Cover story Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) E 2) H 3) F 4) I 5) J 6) B 7) A 8) G 9) C 10) D 8.5 Essay Questions 1) Maintaining control of an informant is of major concern to law enforcement administrators and the criminal justice system. What are some considerations that control officers need to keep in mind in order to maintain control of informants and to avoid the issue of entrapment?

Answer: The control of informants is best achieved through frequent personal contacts with them. These interactions are the best method for debriefing informers and maintaining rapport with them. The officer assigned should make most, if not all, contacts with informants. Doing so reduces additional demands of the informant and ensures the person's allegiance to the control officer.

Another critical area of instruction for the informant is entrapment. Criminal suspects must be given an "opportunity" for the commission of a crime and not the "motivation" for doing so. If the entrapment issue is not remembered during the course of an investigation, the case may result in the dismissal of charges against the suspect and a soiled reputation for the department. The investigator should be careful not to pay for information that has not been verified or that is not considered useful in the investigation. Accordingly, informant payments should be sufficiently modest as to avoid defense accusations of entrapment. If relatively large payments for information or "work" are made to an informant, the defense will maintain that the investigator's payment to the informant was so high that the informant was enticed into "setting up" the suspect solely for the monetary reward.

Page Ref: 153 Objective: Explain how to properly document and process an informant.

Level: Difficult

344

2) Discuss the four key points of what you do with an informant upon making the decision to utilize them in your investigations.

Answer: Make observations in areas where strangers would be suspect, furnish information from a source not readily available to the investigator, conduct "controlled" undercover transactions or introduce undercover agents to criminal suspects, and collect intelligence information.

Page Ref: 152 Objective: Identify informants and their various uses.

Level: Intermediate 3) Discuss the four common types of people who become informants.

Answer: Average citizens (may be an excellent source), fellow law enforcement officers (officers exchange conversation with information regarding undercover work/operations), mentally ill persons (information might still have some validity), and criminals or their associates (associated with the criminal environment and can supply firsthand information).

Page Ref: 151 Objective: Identify informants and their various uses.

Level: Intermediate 8.6 Critical Thinking Questions 1) You are assigned as an undercover officer to infiltrate a drug dealer's territory. Discuss the four key types of people who often become informants. Further discuss which type of informant would be more beneficial to you in this type of case and why.

Answer: Average citizens (may be an excellent source and more believable, honest intentions), fellow law enforcement officers (officers exchange conversation with information regarding undercover work/operations, knows where the criminal underground operates and may have received information while on patrol), mentally ill persons (information might still have some validity, not as much as the other source types, probably last choice), and criminals or their associates (associated with the criminal environment and can supply firsthand information, in many cases these are criminals who are trying to work for the police so they can have a reduction in sentencing or so they can receive money for giving information, a good and bad source but often reliable).

Page Ref: 151 Objective: Identify informants and their various uses.

Level: Difficult

345

2) You have decided that you want to use informants in the course of working as an undercover officer. You have set up an interview with a potential candidate who has chosen to work as an informant simply to remove drugs off the streets. Create a list of questions (minimum 5) that you will ask this person upon interviewing them.

Answer: Answers will vary, but can include: What is your motivation? Has the informer been a reliable source in the past? What is the intelligence of the informant? How does he or she know about the violation? Does he or she have a personal interest, if so what? Does he or she have direct knowledge? Does he or she have access to additional knowledge? Does he or she harbor any vengeance toward the suspect? Is he or she withholding information? Has he or she lied about information in the past? Is he or she willing to testify in court?

Page Ref: 151-153 Objective: Explain how to properly document and process an informant.

Level: Intermediate

346

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 9 Death Investigations 9.1 Multiple Choice Questions 1) Which is the most accurate statistic regarding wrongful deaths in the United States?

A) Most murders were committed by "acquaintances."

B) Most murders are committed with firearms.

C) Young adults are the most likely to be murdered.

D) All of the above Answer: D Page Ref: 167 Objective: Discuss the elements of homicide.

Level: Intermediate 2) Which of the following is NOT a common factor used to determine an estimated time of death?

A) Initial body temperature B) Identification of insects during the black putrefaction stage C) Temperature of the environment D) "Washerwoman" appearance of the hands and feet Answer: D Page Ref: 171 Objective: Explain how time of death is estimated.

Level: Basic 3) What are tiny pinpoint hemorrhages resulting from the discharge of unburned powder being deposited into the skin called?

A) Wadding B) Tattooing C) Gunshot residue D) Algor mortis Answer: B Page Ref: 175 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Basic 4) Which aspect of homicide investigations is most prone to error?

A) Preserving the crime scene B) Determining the cause of death C) Apprehending the perpetrator D) Locating reliable witnesses Answer: A Page Ref: 170 Objective: Describe how a homicide investigation is conducted.

Level: Basic 347

5) In which of the stages of decomposition does marbelization occur?

A) The fresh stage B) The butyric fermentation stage C) The dry decay stage D) The putrefaction stage Answer: D Page Ref: 171 Objective: Explain how time of death is estimated.

Level: Basic 6) Which of the following is the earliest indicator of the process of lividity in a deceased person?

A) A dark purplish color forming on the skin B) A milky substance forming in the eyes C) The rapid fall in body temperature D) The extreme stiffness of the body Answer: A Page Ref: 173 Objective: Explain how time of death is estimated.

Level: Basic 7) Which of the following is indicative of an exit wound?

A) Tattooing B) Retracted skin C) Abrasion ring D) Ragged or torn appearance Answer: D Page Ref: 175 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate 8) According to the FBI Law Enforcement Bulletin, which one of the following is essential to a successful homicide unit?

A) A minimum of two persons responding initially to the crime scene B) A frequent rotation policy for homicide detectives C) No more than ten cases per year as a primary for each detective D) Investigative tools, such as polygraph, bloodstain pattern analysis, criminal investigative analysis, and statement analysis Answer: D Page Ref: 169 Objective: Describe how a homicide investigation is conducted.

Level: Intermediate

348

9) After the preliminary duties have been performed at a homicide scene, the responding officer must immediately: A) Protect the crime scene B) Seize any evidence readily visible C) Begin the interview of possible suspects after reading Miranda warnings D) Identify the victim Answer: A Page Ref: 170 Objective: Describe how a homicide investigation is conducted.

Level: Basic 10) A husband arrives at his home to find his wife in bed with another man. The husband then loses his temper and immediately shoots and kills the man. What crime has the husband committed?

A) Premeditated homicide B) Voluntary manslaughter C) Involuntary manslaughter D) Justifiable manslaughter Answer: B Page Ref: 169 Objective: Summarize the legal characteristics of homicide.

Level: Basic 11) A man is driving home from work and is speeding in a residential neighborhood. He is going 55 mph in a 25 mph posted zone, exceeding the speed limit by 30 miles per hour. He hits a child playing in the street. The child dies one week later in the hospital. What crime has the man committed?

A) Premeditated homicide B) Voluntary manslaughter C) Involuntary manslaughter D) First degree intentional homicide Answer: C Page Ref: 170 Objective: Summarize the legal characteristics of homicide.

Level: Basic

349

12) Mrs. Kline finds out that her husband is having an affair with her best friend. Mrs. Kline waits outside the woman's home and after everyone has left for school and work, she knocks on the door. The woman answers the door and invites Mrs. Kline inside. Once inside, Mrs. Kline strangles the woman, killing her. What crime has Mrs. Kline committed?

A) First degree murder B) Second degree murder C) Involuntary manslaughter D) Voluntary manslaughter Answer: A Page Ref: 167 Objective: Summarize the legal characteristics of homicide.

Level: Intermediate 13) Based on Casper's Law, if all other factors are equal, which body will decompose the fastest?

A) A body lying on the ground B) A body in a warm lake C) A body in a cool body of water D) A body buried in the ground in a shallow grave Answer: A Page Ref: 173 Objective: Explain how time of death is estimated.

Level: Intermediate 14) A suicide note was found on the victim's computer. A .38 caliber handgun was found in the hand of the victim and a gunshot wound in the forehead. A close examination of the wound indicates an absence of tattooing around the entry wound. What could the lack of tattooing indicate?

A) The death was likely a suicide.

B) The death was possibly a homicide.

C) That the gun was in fact a revolver.

D) Nothing of evidentiary value.

Answer: B Page Ref: 175 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Basic

350

15) Police are investigating a homicide of a 22-year-old female. The victim is nude, bearing two knife wounds to the chest and appears to have been sexually assaulted. Close examination of the extremities reveals clearly visible multiple cuts on the palms, forearms and fingers of both hands.

What do these wounds on the hands possibly indicate?

A) The murderer mutilated the victim post-mortem.

B) The victim was struggling against her assailant.

C) The murderer was toying with the victim in a ritual.

D) The victim knew her assailant.

Answer: B Page Ref: 177 Objective: Describe how a homicide investigation is conducted.

Level: Intermediate 16) Gunshot wounds consist of two basic types: A) Major and minor wounds B) Entrance and exit wounds C) Lethal and non-lethal wounds D) Severe and superficial Answer: B Page Ref: 175 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate 17) Which of the following is/are variables to be considered in assessing the severity of gunshot wounds?

A) Weapon's caliber B) Range at which victim is shot C) Number of wounds D) All of the above Answer: D Page Ref: 175 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate 18) "Double-base" gunpowder refers to: A) Thickness of the bullet cartridge B) Amount of gunpowder in a cartridge C) Combination gunpowder, consisting of nitroglycerin and cellulose nitrate D) All of the above Answer: C Page Ref: 176 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate

351

19) The issue concerning GSR testing is that: A) The presence of GSR doesn't prove someone DID fired a gun.

B) The absence of GSR doesn't prove they DIDN'T fire a gun.

C) Both A and B are correct.

D) Neither of the above is a valid issue with GSR. Answer: C Page Ref: 176 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate 20) The presence of "smudging" around a bullet wound indicates that: A) Nothing significant is indicated by this presence.

B) The firearm was touching the skin when the gun was fired.

C) Although close to the assailant, the firearm was not touching the skin.

D) The firearm used was a medium caliber handgun.

Answer: C Page Ref: 175 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate 9.2 True/False Questions 1) In most murders reported to police, the victims knew their assailant.

Answer: TRUE Page Ref: 166 Objective: Discuss the elements of homicide.

Level: Intermediate 2) In all homicide situations, the first officer on the scene has several principal concerns.

However, the responding officer does not have to determine if the victim is dead or alive; that is for the investigator or medical examiner to determine.

Answer: FALSE Page Ref: 170 Objective: Describe how a homicide investigation is conducted.

Level: Basic 3) Rigor mortis usually sets in about nine hours after death occurs.

Answer: FALSE Page Ref: 174 Objective: Explain how time of death is estimated.

Level: Basic

352

4) All other factors remaining the same, a body immersed in water generally decomposes twice as quickly as one exposed to air.

Answer: FALSE Page Ref: 173 Objective: Explain how time of death is estimated.

Level: Intermediate 5) Evidence of soot is present in (bullet) contact wounds.

Answer: TRUE Page Ref: 175 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Basic 6) Shotgun wadding can tell an investigator both the gauge of the shotgun and the type of shot used.

Answer: TRUE Page Ref: 179 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate 7) The practical use of GSR is limited because if fails to prove with certainty that a suspect fired a weapon.

Answer: TRUE Page Ref: 177 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate 8) The most common weapon with which officers are confronted is the shotgun.

Answer: FALSE Page Ref: 178 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate 9) Defense wounds are most commonly found on the backs of the legs and feet of the victim.

Answer: FALSE Page Ref: 177 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate 10) Entrance (bullet) wounds are typically found to consist of a neat, clean hole consisting of an abrasion mark with a blackish-gray ring around the edges.

Answer: TRUE Page Ref: 175 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate

353

11) Second degree murder is the causing of death of a person while committing a criminal act and not acting under the influence of sudden passion.

Answer: TRUE Page Ref: 167 Objective: Discuss the elements of homicide.

Level: Basic 12) The police homicide unit is probably one of the most underappreciated unit because most homicides go unsolved.

Answer: FALSE Page Ref: 167 Objective: Discuss the elements of homicide.

Level: Intermediate 13) The preferred method of selecting a homicide detective is through written exams.

Answer: FALSE Page Ref: 167 Objective: Discuss the elements of homicide.

Level: Intermediate 14) Analyzing the homicide 911 call can provide invaluable clues to the investigators.

Answer: TRUE Page Ref: 168 Objective: Discuss the elements of homicide.

Level: Intermediate 15) Successful homicide units should assign no more than 10 primary cases per year to each detective.

Answer: FALSE Page Ref: 169 Objective: Discuss the elements of homicide.

Level: Intermediate 16) Complete notes are critical during the early stages of the homicide crime-scene investigation.

Answer: TRUE Page Ref: 170 Objective: Describe how a homicide investigation is conducted.

Level: Basic 9.3 Fill in the Blank Questions 1) After death the body begins to cool through the process of ________ mortis, which is considered to be one of the more reliable indicators of time of death.

Answer: Algor Page Ref: 171 Objective: Explain how time of death is estimated.

354

Level: Intermediate 2) Biochemical changes in the body after death produce stiffening of the muscles known as ________ mortis, which is useful in determining the time of death.

Answer: Rigor Page Ref: 174 Objective: Explain how time of death is estimated.

Level: Intermediate 3) ________ indicates that the firearm was close to, but not actually touching, the victim's skin.

Answer: Smudging Page Ref: 175 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate 4) Shotgun ________ can tell an investigator both the gauge used and the type of shot used.

Answer: Wadding Page Ref: 179 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Intermediate 5) Entrance gunshot wounds are generally ________ than exit gunshot wounds.

Answer: Smaller Page Ref: 175 Objective: Explain the use of gunshot wounds as evidence in death investigations.

Level: Basic 6) ________ notes are critical during the early stages of the homicide crime scene investigation.

Answer: Complete Page Ref: 170 Objective: Explain how time of death is estimated.

Level: Basic 7) Stage 1 of the body decomposition state is considered the ________ stage.

Answer: Fresh Page Ref: 171 Objective: Explain how time of death is estimated.

Level: Intermediate 8) The second stage of the decomposition process where marbelization of the skin begins is considered the ________ stage.

Answer: Putrefaction Page Ref: 171 Objective: Explain how time of death is estimated.

Level: Intermediate

355

9) Stage 3 of the decomposition process which occurs 10-20 days after death is considered the ________ putrefaction stage.

Answer: Black Page Ref: 171 Objective: Explain how time of death is estimated.

Level: Intermediate 10) The fourth stage of the decomposition process where the body dries out is considered the ________ fermentation stage.

Answer: Butyric Page Ref: 171 Objective: Explain how time of death is estimated.

Level: Intermediate

356

9.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Stiffening B) Studies skeletons C) Hemorrhages D) Clues to cause death E) Accidental death F) Studies insects G) Deliberate killing H) Unlawful killing I) Act of passion death J) Bloodstain 1) Rigor mortis Page Ref: n/a Objective: n/a Level: Intermediate 2) Lividity Page Ref: n/a Objective: n/a Level: Intermediate 3) Forensic pathology Page Ref: n/a Objective: n/a Level: Intermediate 4) Forensic entomology Page Ref: n/a Objective: n/a Level: Intermediate 5) Forensic anthropology Page Ref: n/a Objective: n/a Level: Intermediate 6) Tattooing Page Ref: n/a Objective: n/a Level: Intermediate

357

7) Homicide Page Ref: n/a Objective: n/a Level: Intermediate 8) Manslaughter Page Ref: n/a Objective: n/a Level: Intermediate 9) Involuntary manslaughter Page Ref: n/a Objective: n/a Level: Intermediate 10) Voluntary manslaughter Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) A 2) J 3) D 4) F 5) B 6) C 7) H 8) G 9) E 10) I 9.5 Essay Questions 1) Define the following terms that describe murder and manslaughter: First degree murder, Second degree murder, Involuntary manslaughter, and Voluntary manslaughter Answer: First degree murder: knowingly causes the death of another person after deliberation on the matter; Second degree murder: knowingly causes the death of another person while committing a criminal act and not acting under the influence of a sudden passion; Involuntary manslaughter: recklessly cause another person's death; Voluntary manslaughter: causes the death of another person by being certain of taking the victim's life and acting in the heat of passion.

Page Ref: 169-170 Objective: Summarize the legal characteristics of homicide.

Level: Basic

358

2) Identify and define the four general modes of death categories.

Answer: Accidental death: Many types of death are associated with this category, including drowning, falling, automobile wrecks, and accidental drug overdose. Often, murders are disguised to appear to be accidental in nature.

Natural death: Deaths from natural causes include heart attack, stroke, disease, and old age. In many circumstances, the deceased will have been under a doctor's care, but often people are found suddenly deceased and their mode of death is questionable. For example, a person might have been forced to consume certain drugs that can cause death, but the symptoms indicate death from "natural" causes (e.g., heart attack).

Suicide: Methods of committing suicide are numerous and include hanging, stabbing, shooting, drug overdose, and carbon monoxide poisoning. As with other modes of death, investigators should be sure that the cause of death was actually suicide and not murder designed to look like suicide.

Murder: Murder is defined as one person intentionally causing another person to die. Many different situations can result in a person's intentional death. These include fatal wounds from handguns and shotguns, cutting and stabbing wounds, blunt-force injuries, and modes of death such as poisoning and death by asphyxia (strangulation).

Page Ref: 167 Objective: Summarize the legal characteristics of homicide.

Level: Intermediate 3) List and describe the five stages of decomposition.

Answer: Stage 1 (fresh stage):few days after death, no physical signs of decomposition, body enters algor mortis, insects lay eggs in the body, VOCs are produced; Stage 2 (putrefaction stage):odor, color change and bloating, marbelization of skin, color changes to green then brown, skin becomes fragile and body hair is easily removed, continued insect activity; Stage 3 (black putrefaction stage):10-20 days after death, body cavity ruptures and gases escape, body color darkens from greenish color, insect activity greatly increases, bones become apparent; Stage 4 (butyric fermentation stage): body begins to dry out, mummification process, adiopocere formation, all internal organs lost to insect activity; Stage 5 (dry decay stage): no soft tissues remains, skeletonization occurs, longest of the processes.

Page Ref: 171-173 Objective: Explain how time of death is estimated.

Level: Basic

359

9.6 Critical Thinking Questions 1) You have been called to homicide scene where a body has been found. It is your duty to determine the probable cause of death and determine how long the person has been missing from their home. Upon arrival, you notice that there are a great number of insects on and around the body. You also notice the body is dark green and there is a foul odor emanating directly from the body. Given these clues determine what stage of composition the body is in and discuss how you came to your conclusion.

Answer: Stage 3 lack putrefaction stage, the body has probably been missing for anywhere from 10-20 days, the body cavity has ruptured and gases have been released, the dark green skin is an indicator of this stage, insect activity should be considered high and a check to see if bones are apparent would also add to the justification/determination of this stage.

Page Ref: 171-173 Objective: Explain how time of death is estimated.

Level: Difficult 2) You have been called to a homicide scene where a body has been found. It is your job to determine the probable cause of death and determine what stage of decomposition the body is in.

When you arrive at the scene, you notice the body appears to be in the mummification process and there are two neat, clean holes with blackish-gray rings around their edges on the body.

What is your determination?

Answer: The person has been fallen victim to a gunshot wound. You do not see evidence of an exit wound therefore it is safe to assume the bullets are still inside of the body. The body is also in the butyric fermentation stage. This is recognized by the body having dried out, a waxy formation, and all internal organs missing.

Page Ref: 171-173 Objective: Explain how time of death is estimated.

Level: Difficult 3) Complete some additional research on statistics of homicide.

Answer: Answers will vary. This question provides a wide latitude to which the student can complete additional research. Information must be cited. An option for the answer may be have the students present their findings to the class to facilitate discussions regarding the trends relating to homicide.

Page Ref: n/a Objective: Discuss the elements of homicide.

Level: Difficult 4) Present in class a television show depicting a homicide, or have students choose their own television show depicting a homicide. The students should analyze how the homicide investigation is conducted. They should point out how the show is correct in completing the investigation, and how the show is inaccurate.

Answer: Answers will vary.

Page Ref: 170 Objective: Describe how a homicide investigation is conducted.

Level: Difficult 360

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 10 Robbery 10.1 Multiple Choice Questions 1) According to the FBI in 2014, robberies: A) Have remained stable since 2008 B) Have increased C) Have decreased D) Are hard to track and the numbers are unknown Answer: C Page Ref: 184 Objective: Summarize the trends and elements of robbery.

Level: Basic 2) Which of the following is NOT one of the elements of robbery?

A) Forcibly stealing property B) Using force or intimidation against the owner C) Intends to steal property D) Using force or intimidation against a customer Answer: D Page Ref: 185 Objective: Summarize the trends and elements of robbery.

Level: Basic 3) Which of the following is the most typical robbery location?

A) Residence B) Convenience store C) Street/Highway D) Miscellaneous Answer: C Page Ref: 185 Objective: Summarize the trends and elements of robbery.

Level: Basic 4) Which of the following is NOT a "robbery pattern"?

A) Robbery persons of employed in positions placing them in charge of money or goods B) Robbery in open areas C) Robbery after preliminary association of short duration D) Robbery in nighttime hours Answer: D Page Ref: 185 Objective: Summarize the trends and elements of robbery.

Level: Basic

361

5) Which of the following is TRUE about commercial robberies?

A) They typically occur at the end of the workweek.

B) The occur during the evening and early morning hours.

C) The targets are located close to major thoroughfares.

D) All of the above Answer: D Page Ref: 186 Objective: Differentiate between the types of robbery.

Level: Basic 6) The NIJ estimates that there are ________ school-related robberies annually.

A) 20,000 B) 50,000 C) 150,000 D) 1,000,000 Answer: D Page Ref: 186 Objective: Summarize the trends and elements of robbery.

Level: Basic 7) How many victims of a robbery experience serious injuries such as rape, knife, gunshot wounds or broken bones?

A) 1 in 5 B) 1 in 12 C) 1 in 20 D) 1 in 35 Answer: B Page Ref: 187 Objective: Summarize the trends and elements of robbery.

Level: Basic 8) About half of all robberies involve losses of ________ or less.

A) 21 dollars B) 56 dollars C) 82 dollars D) 112 dollars Answer: C Page Ref: 187 Objective: Summarize the trends and elements of robbery.

Level: Basic

362

9) Which of the following typically describes a commercial robbery?

A) The victimized store is large and busy.

B) The robbery occurs in the middle of the day.

C) The robbery is carried out by masked perpetrators.

D) The victimized store is located on a major street.

Answer: D Page Ref: 186 Objective: Differentiate between the types of robbery.

Level: Basic 10) Which of the following actions is recommended for the first officer on reaching the scene of a robbery in progress?

A) Park as close as possible to the scene.

B) Cover the most likely exit from the robbery location.

C) Leave the keys in the ignition and approach quickly.

D) Attempt to apprehend the suspect(s) singlehandedly.

Answer: B Page Ref: 188 Objective: Explain how a robbery investigation is conducted.

Level: Basic 11) Which of the following is a frightening and potentially dangerous crime that can occur to a family?

A) School robbery B) Neighborhood canvass C) Residential robberies D) Street mugging Answer: C Page Ref: 186 Objective: Differentiate between the types of robbery.

Level: Basic 12) Which of the following are the most likely to be the victims of a vehicle robbery?

A) Taxis B) Delivery vehicles C) Armored cars D) All of the above Answer: D Page Ref: 187 Objective: Summarize the trends and elements of robbery.

Level: Basic

363

13) What is NOT one of the factors that influence the decision to use emergency equipment responding to a robbery?

A) Distance to be traveled to the crime scene B) Location of the robbery C) Time of day of the call D) Inability to clear traffic Answer: B Page Ref: 188 Objective: Explain how a robbery investigation is conducted.

Level: Basic 14) What should the first responding officer do when arriving at the scene of a robbery?

A) Wait for backup B) Take the keys out of the cruiser C) Take the shotgun D) All of the above Answer: D Page Ref: 188 Objective: Explain how a robbery investigation is conducted.

Level: Basic 15) The weapon of choice for most robbers is a: A) Knife B) Threat C) Gun D) Club Answer: C Page Ref: 189 Objective: Summarize the method of operation for robbers.

Level: Basic 16) What percentage of robberies are committed by "strong arm" tactics?

A) 10 percent B) 25 percent C) 40 percent D) 65 percent Answer: C Page Ref: 189 Objective: Summarize the method of operation for robbers.

Level: Basic

364

17) Officer Jones is investigating a robbery. She looks in parked cars, dumpsters and alleyways for the hidden suspect. She is performing a(n): A) Search and seize B) Neighborhood canvas C) Locate and find D) Information collecting Answer: B Page Ref: 190 Objective: Describe the duties of the first officer to the robbery scene.

Level: Basic 18) Physical evidence at a robbery may include: A) Binding material B) Fingerprints C) Shell casings D) All of above Answer: D Page Ref: 191 Objective: Describe the use of evidence and witnesses in robbery investigations.

Level: Basic 19) While a family was home, two men inside their single-family home through a front door.

Once inside, the perpetrators took guns, jewelry, and cash and left the premises. What crime was committed?

A) Burglary B) Robbery C) Residential robbery D) Theft Answer: C Page Ref: 186 Objective: Differentiate between the types of robbery.

Level: Intermediate

365

20) An investigator is called to a convenience store to investigate a report of a robbery. The clerk reported that the robber came in right at 2:00 p.m. and was wearing a black ski mask and black clothing. He displayed a gun and handed the clerk a note that said, "Don't call the police. Just give me all of the money!" What can the investigator conclude about the M.O. in this case?

A) The bank robber will use a different M.O. the next time he commits a robbery.

B) This will likely have been the first time and only time the robber will commit this type of crime.

C) Knowing that bank robbers are predictable, he will likely employ the same modus operandi in successive robberies.

D) The robber will probably not be apprehended and if he is apprehended, the prosecution will not likely be successful.

Answer: C Page Ref: 190 Objective: Explain how a robbery investigation is conducted.

Level: Intermediate 21) A man, described to be a white male, 20-30 years old, average height, robbed a store by using a gun and covering his face with a bandana. He displayed a silver-colored revolver. He forced everyone to lie on the floor after the register was opened and he took money directly from the cash drawer. He left the scene in a vehicle that was parked just down the block. The vehicle was a 2005-2010 light blue, Ford Taurus and a partial plate number was given to police: BVJ1________. No stolen vehicles matching that description have been reported in the state in the past 48 hours. What factor is the key to the solvability of this case?

A) The key factor is the poor description of the suspect, making this case most likely unsolvable B) The key factor is the unique description of the suspect's M.O., making this case most likely unsolvable C) The key factor is the description of the vehicle, making this case highly solvable D) The key factor is that the crime was likely perpetrated by a professional making it likely unsolvable Answer: C Page Ref: 191 Objective: Explain how a robbery investigation is conducted.

Level: Intermediate 22) A younger perpetrator does not plan the crime well (e.g., use of weapons, getaway car) but robs a cab when it happens to pass by. The suspect is a member of a juvenile gang and is trying to "prove" himself to the others as a "tough guy." What type of perpetrator is the suspect above?

A) Professional robber B) Opportunistic robber C) Drug addict robber D) Intoxicated robber Answer: B Page Ref: 188 Objective: Differentiate between the types of robbery.

Level: Intermediate

366

23) An officer receives a call from dispatch informing him of a robbery in progress at a convenience store near a busy intersection in the middle of town. The officer proceeds to the scene without lights and siren so as not to alert the suspects that police are arriving. The officer arrives just south of the scene but remains out of sight of the store and notifies dispatch of his arrival. Soon thereafter, back up arrives and parks on the north side of the scene to cover the store from there. When approaching the store, what should the officers be looking for?

A) He should be on the lookout for fleeing subjects and persons sitting in parked cars.

B) He should look for signs of forced entry on the back door of the store.

C) He should locate the exact location of the backup officer.

D) He should be looking for physical evidence such as tire impressions, foot impressions, and other evidence.

Answer: A Page Ref: 188 Objective: Explain how a robbery investigation is conducted.

Level: Intermediate 24) An officer receives a call from dispatch informing him of a robbery in progress at a convenience store near a busy intersection in the middle of town. The officer proceeds to the scene without lights and siren so as not to alert the suspects that police are arriving. The officer arrives just south of the scene but remains out of sight of the store and notifies dispatch of his arrival. Soon thereafter, back up arrives and parks on the north side of the scene to cover the store from there. Upon the approach to this robbery, where should the first officer on the scene be positioned?

A) Near the back to cover the rear exit B) Near the front to cover the main doors C) Near the most likely exit from the robbery scene D) If possible, the roof is the objective in order to direct all other officers Answer: C Page Ref: 188 Objective: Describe the duties of the first officer to the robbery scene.

Level: Intermediate 25) During an investigation of a robbery call, the first officer at the scene spots a vehicle with the engine running parked directly in front of the main doors. The driver is a possible 'lookout' wearing a ski mask. The officer notifies dispatch and other responding officers. What should the officer do next?

A) The officer should arrest the driver, then immediately enter the store to arrest the robber.

B) The officer should stay out of sight and wait for the robber to exit, and then apprehend the robber.

C) The officer should attempt to enter the rear of the store in order to apprehend the robber in the store.

D) The officer should disengage from the scene and wait for the robber to drive away.

Answer: B Page Ref: 188 Objective: Describe the duties of the first officer to the robbery scene.

Level: Difficult 367

26) Because of the violent nature of the crime of robbery and the imminent threat of injury, witnesses are not likely to remember many specific details of a robbery. It is important, however, that officers attempt to gather as much information as possible from the victim and any witnesses. Select the BEST question below that encourages a victim to disclose details that may help to identify a suspect.

A) What color were the suspect's eyes?

B) How tall was the suspect?

C) What can you tell me about the gun?

D) What were the most noticeable features about the robber's face?

Answer: D Page Ref: 191 Objective: Explain how a robbery investigation is conducted.

Level: Intermediate 10.2 True/False Questions 1) Robbery is essentially the same crime as burglary, a crime involving theft of property.

Answer: FALSE Page Ref: 184 Objective: Summarize the trends and elements of robbery.

Level: Basic 2) Guns are used in about 40 percent of all robberies.

Answer: TRUE Page Ref: 184 Objective: Summarize the trends and elements of robbery.

Level: Basic 3) A person enters a store with the intention of robbing it and points a gun at the clerk; however, they leave before anything is taken. This is not a robbery but would be classified as a disorderly conduct.

Answer: FALSE Page Ref: 185 Objective: Summarize the trends and elements of robbery.

Level: Difficult 4) Private citizen robberies have a higher monetary loss than robberies of banks.

Answer: FALSE Page Ref: 184 Objective: Summarize the trends and elements of robbery.

Level: Basic 5) The loss sustained in most robberies is less than $100.00.

Answer: TRUE Page Ref: 184 368

Objective: Summarize the trends and elements of robbery.

Level: Basic 6) Robbery in open areas account for 30 percent of all violent crimes.

Answer: TRUE Page Ref: 185 Objective: Summarize the trends and elements of robbery.

Level: Basic 7) The most common type of robbery is the one committed on public streets and alleyways.

Answer: TRUE Page Ref: 186 Objective: Differentiate between the types of robbery.

Level: Basic 8) A school robbery fails to meet the stereotypic type of robbery and is for the most part an instance of petty extortion or a "shakedown" of students or teachers.

Answer: TRUE Page Ref: 186 Objective: Differentiate between the types of robbery.

Level: Basic 9) An opportunistic robber is characterized as having a long-term commitment to crime as a source of livelihood.

Answer: FALSE Page Ref: 188 Objective: Differentiate between the types of robbery.

Level: Basic 10) The need to halt an assault on a victim should be taken into consideration when deciding whether or not to use emergency equipment when responding to a robbery call.

Answer: TRUE Page Ref: 188 Objective: Describe the duties of the first officer to the robbery scene.

Level: Basic 11) 40 percent of all robberies are committed by strong-arm tactics.

Answer: TRUE Page Ref: 189 Objective: Summarize the trends and elements of robbery.

Level: Basic 12) Canvassing the area surrounding the location of the robbery must be the last priority in a robbery investigation.

Answer: FALSE Page Ref: 190 369

Objective: Explain how a robbery investigation is conducted.

Level: Basic 13) A robber's MO refers to his or her motivation in committing the robbery.

Answer: FALSE Page Ref: 190 Objective: Summarize the method of operation for robbers.

Level: Basic 14) A robber's MO focuses on the behavior of the criminal during the commission of the crime.

Answer: TRUE Page Ref: 190 Objective: Summarize the method of operation for robbers.

Level: Basic 15) An investigator should separate witnesses of the robbery so that they will not influence each other.

Answer: TRUE Page Ref: 191 Objective: Explain how a robbery investigation is conducted.

Level: Basic 10.3 Fill in the Blank Questions 1) The taking of personal property from the person or presence of another against their will by force or fear is the definition of ________.

Answer: Robbery Page Ref: 185 Objective: Summarize the trends and elements of robbery.

Level: Basic 2) When responding to a robbery call, the first officer should emphasize safety over ________.

Answer: Swiftness Page Ref: 187 Objective: Describe the duties of the first officer to the robbery scene.

Level: Intermediate 3) The method of operation may help to ________ the robber.

Answer: Identify Page Ref: 186 Objective: Describe the use of evidence and witnesses in robbery investigations.

Level: Difficult 4) The type of location robbed, the time and day of week, and the type of weapon used are all indications of the robber's method of ________.

Answer: Operation 370

Page Ref: 190-191 Objective: Describe the use of evidence and witnesses in robbery investigations.

Level: Intermediate 5) The crime scene should be processed as soon as possible after ________ evidence has been identified.

Answer: Physical Page Ref: 191 Objective: Explain how a robbery investigation is conducted.

Level: Intermediate 6) A(n) ________ robbery is committed in public areas and alleyways.

Answer: Street Page Ref: 186 Objective: Differentiate between the types of robbery.

Level: Basic 7) Most street robberies are often called ________.

Answer: Muggings Page Ref: 186 Objective: Differentiate between the types of robbery.

Level: Intermediate 8) The most terrifying type of robbery is a(n) ________ robbery.

Answer: Residential Page Ref: 186 Objective: Differentiate between the types of robbery.

Level: Intermediate 9) A shakedown of students and teachers is an example of a(n) ________ robbery.

Answer: School Page Ref: 186 Objective: Differentiate between the types of robbery.

Level: Basic 10) A(n) ________ robber is said as having a long-term commitment to crime as a source of their livelihood.

Answer: Professional Page Ref: 188 Objective: Differentiate between the types of robbery.

Level: Intermediate

371

10.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Face to face robbery for assets from a bank B) Alleyways C) Face-to-face theft with threat of force D) Long-term commitment to crime E) Money as a reason to rob F) Behavior of the criminal G) Vulnerable targets H) Door-to-door search I) Stores and businesses J) Shakedown 1) Motivation Page Ref: n/a Objective: n/a Level: Intermediate 2) Robbery Page Ref: n/a Objective: n/a Level: Intermediate 3) Commercial robbery Page Ref: n/a Objective: n/a Level: Intermediate 4) Bank robbery Page Ref: n/a Objective: n/a Level: Intermediate 5) Street robbery Page Ref: n/a Objective: n/a Level: Intermediate 6) School robbery Page Ref: n/a Objective: n/a Level: Intermediate

372

7) Professional robber Page Ref: n/a Objective: n/a Level: Intermediate 8) Opportunistic robber Page Ref: n/a Objective: n/a Level: Intermediate 9) Method of operation Page Ref: n/a Objective: n/a Level: Intermediate 10) Neighborhood canvas Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) E 2) C 3) I 4) A 5) B 6) J 7) D 8) G 9) F 10) H 10.5 Essay Questions 1) The text identified ten characteristics of robbery that investigators commonly use when identifying the suspect's M.O. Identify four of the ten robbery characteristics from the categories listed in the text.

Answer: MO characteristics include: type of location robbed, time and day of week, type of weapon used, use or threatened use of force, verbal statements made, vehicle used, objects stolen, number of suspects, use of disguises, and other peculiarities.

Page Ref: 190 Objective: Explain how a robbery investigation is conducted.

Level: Intermediate 2) Your text identifies five different patterns of robberies. Identify each and discuss them.

Answer: Robbery of persons employed in positions placing them in charge of money or goods (i.e., jewelry stores, banks, stores); Robbery in open areas (i.e., muggings, purse snatching); Robbery of private premises (i.e., home/residence robberies); Robbery after preliminary association of short duration (i.e., chance meeting at night spot, party or sexual encounter); Robbery after previous association of some duration between victim and offender.

Page Ref: 185-186 Objective: Differentiate between the types of robbery.

Level: Intermediate

373

3) Identify and describe the four typologies of robbers as discussed in your textbook.

Answer: Professional robber—has a long-term commitment to crime as a source of their livelihood, organizes crime before committing, pursues money to support a lifestyle; Opportunistic robber—steal to obtain small amounts of money when he/she identifies what seems to be a vulnerable target (targets cabdrivers, elderly, etc.); Drug-addicted robbers—robs to support drug habit, low commitment to robbery because of the danger but high commitment to theft; Alcoholic robber—excessive consumption of alcohol assists in committing crime, an alternative, random, give little consideration to victim, escape or circumstances of how the crime will be committed.

Page Ref: 188 Objective: Differentiate between the types of robbery.

Level: Intermediate 4) Discuss the current trends and statistics surrounding robbery.

Answer: Examples can include: About one in 12 victim's experiences serious injuries such as rape, knife or gunshot wounds, broken bones, or being knocked unconscious; most robberies are committed by two or more people; about half of all completed robberies involve losses of $82 or less; 10 percent involve losses of $800 or more. Most theft losses are never recovered; offenders display weapons in almost half of all robberies; robbers use guns in about 40 percent of robberies; offenders using weapons are more likely to threaten than actually attack their victims; in almost nine of 10 robbery victimizations, the robbers are male; more than half of all robbery victims are attacked. Female robbery victims are more likely to be attacked than are male victims; victims age 65 and older are more likely to be attacked than younger victims.

Page Ref: 184-185 Objective: Summarize the trends and elements of robbery.

Level: Basic 10.6 Critical Thinking Questions 1) You have just been asked by your police chief to give a class to other police officers within the department regarding the crime of robbery. Within the class you are expected to teach your fellow police officers what the typical MO information consists of for this crime. What areas will you be discussing that show as important factors when solving a robbery?

Answer: The type of location robbed, time and day of the week, type of weapon used, use or threatened use of force, verbal statements made, vehicle used, number of suspects, object(s) stolen, use of disguises, and other peculiarities.

Page Ref: 190 Objective: Explain how a robbery investigation is conducted.

Level: Intermediate

374

2) In addition to discussing the method of operations used within robberies, you are again teaching a class to your fellow officers and want to provide examples of what physical evidence is routinely located within the crime of robbery. Identify what items you will discuss so that the first responding officer is able to consider when arriving on the scene.

Answer: Answers will vary, but could include: blood, fingerprints, notes from the robber, binding material, and fired cartridge(s).

Page Ref: 191-192 Objective: Describe the duties of the first officer to the robbery scene.

Level: Intermediate 3) Choose either commercial robbery, bank robbery, street robbery, residential robbery, school robbery, and smash-and-grab robbery and complete additional research to write a report.

Answer: Answers will vary.

Page Ref: n/a Objective: Differentiate between the types of robbery.

Level: Intermediate

375

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 11 Assault and Related Offenses 11.1 Multiple Choice Questions 1) Which of the following is a characteristic of a simple assault?

A) High probability of death B) Threats by one person to cause bodily harm C) Serious, permanent disfigurement D) Loss or impairment of body members or organs Answer: B Page Ref: 199 Objective: Explain the legal definition of assault.

Level: Basic 2) Which of the following is an element likely to define an aggravated assault?

A) Burns inflicted over a large area of a person's body B) Injury as a result of an accident C) Damage caused to a rental property D) Wounds as a result of self-inflicted assault Answer: A Page Ref: 200 Objective: Explain the legal definition of assault.

Level: Basic 3) What is the most common type of weapon used in aggravated assaults?

A) Firearms B) Knife or cutting instruments C) Hands, fist, feet, etc.

D) Other weapons Answer: C Page Ref: 199 Objective: Explain the legal definition of assault.

Level: Basic 4) Which of the following actions is NOT encouraged when responding to a domestic violence call?

A) Interview the victim and the suspect separately B) Park the patrol car away from the scene C) Read the Miranda warning upon first contact with the suspect D) Reduce the level of tension at the scene Answer: C Page Ref: 200 Objective: Describe the problem of domestic violence.

Level: Basic

376

5) When the identity of the rapist in unknown, the focus of a follow-up interview of a victim of forcible rape should be on: A) The suspects with access to the scene of the rape B) The victim's recall of the circumstances of the rape C) Connect-ups with prior "similars."

D) Asking about the victim's past Answer: B Page Ref: 208 Objective: Explain the techniques used in interviews with rape victims.

Level: Intermediate 6) How many states now require that a police officer make an arrest in domestic violence incidents if there is a protective or restraining order against the attacker?

A) 5 B) 20 C) 35 D) All states Answer: B Page Ref: 201 Objective: Describe the problem of domestic violence.

Level: Basic 7) Which of the following statements is the best interpretation of the "no drop" policy that has been adopted in several states?

A) Arrested persons under domestic abuse laws must not drop child support payments prior to trial.

B) Once a person accuses another with abuse, that person always agrees to testify should the case come to trial.

C) Battered children must not be dropped off in foster care until the batterer is prosecuted in a court of law.

D) If a battered wife refuses to testify, officers may use 9-1-1 tapes to ensure the prosecution of the offender.

Answer: D Page Ref: 201 Objective: Describe the problem of domestic violence.

Level: Intermediate 8) Which of the following is NOT one of the factors that police should consider when determining the primary physical aggressor in a domestic violence case?

A) Relative seriousness of the injuries to each person B) Whether one of the assaults was committed in self-defense C) Prior domestic violence against either person D) Amount of emotional pain in the relationship Answer: D Page Ref: 201 Objective: Describe the problem of domestic violence.

377

Level: Basic 9) Who is likely to be a victim of stalking?

A) Professors B) Celebrities C) Political leaders D) All of the above Answer: D Page Ref: 203 Objective: Explain the methods of investigating stalking cases.

Level: Basic 10) How many women have been stalked at some time in their lives?

A) 1 in 5 B) 1 in 12 C) 1 in 25 D) 1 in 45 Answer: B Page Ref: 202 Objective: Explain the methods of investigating stalking cases.

Level: Basic 11) According to the Uniform Crime Reports (UCR), which of the following is the most accurate definition of forcible rape?

A) Assault on a girl below the age of consent B) Sexual offenses or attacks on males C) Carnal knowledge of a female forcibly D) Physical abuse of a person of the same sex Answer: C Page Ref: 204 Objective: Describe the crime of sexual assault and rape.

Level: Basic 12) Most rapes are committed by: A) Strangers B) Co-workers C) Acquaintances D) Gangs Answer: C Page Ref: 204 Objective: Describe the crime of sexual assault and rape.

Level: Basic

378

13) Which of the following is an element of the crime of rape according to common law?

A) Carnal knowledge (penetration) B) Forcible submission C) Lack of consent D) All of the above Answer: D Page Ref: 204 Objective: Describe the crime of sexual assault and rape.

Level: Basic 14) Officer Stanford is a rape investigator who is conducting the interview with a rape victim.

Which of the following actions is NOT recommended during the interview?

A) Display a genuine interest in the welfare of the victim B) Ask brief open-ended questions C) Anticipate what information the victim might want to know D) Use leading questions to elicit answers Answer: D Page Ref: 204 Objective: Explain the techniques used in interviews with rape victims.

Level: Basic 15) Which of the following most accurately describes Rohypnol?

A) Smears from all areas that the victim states were bitten or licked B) Forensic exam conducted by forensically trained physicians C) Pharmaceutical substance nicknamed, "the date rape drug" D) Genital and nongenital photography collected as forensic evidence Answer: C Page Ref: 204 Objective: Identify evidence in rape cases.

Level: Basic 16) Which of the following areas might evidence in a rape case be found?

A) On the crime scene B) On the victim C) On the suspect D) All of the above Answer: D Page Ref: 205 Objective: Identify evidence in rape cases.

Level: Basic

379

17) An officer's first duty upon arriving at the scene of a rape is to: A) Preserve any transient evidence B) Secure the scene C) Aid the victim and obtain medical attention if required D) All of the above Answer: C Page Ref: 205 Objective: Identify evidence in rape cases.

Level: Basic 18) When conducting an interview of a rape victim, which of the following points should be kept in mind?

A) Physical setting B) Officer attitude C) Opening remarks D) All of the above Answer: D Page Ref: 209 Objective: Explain the techniques used in interviews with rape victims.

Level: Basic 19) Aggravated assault is usually committed with a weapon or by some means likely to produce great bodily harm or death. How is great bodily harm defined?

A) Injuries that include a laceration that requires stitches, or a broken bone, or a fracture of a tooth B) Injuries that cause a high probability of death, or serious permanent disfigurement, or a loss or impairment of body members or organs C) Injuries that cause pain, bruising, or other effects that temporality affect the function of a person's mobility D) All of the above are included in the definition of great bodily harm Answer: B Page Ref: 200 Objective: Explain the legal definition of assault.

Level: Intermediate 20) John is in a bar with some friends. After having a few drinks, John talks to a woman sitting at a table with a couple of other women. Later, John walks to the restroom and accidentally trips, pushing the woman he was talking with earlier. The woman is knocked to the floor and sustains a bloody nose. What crime has John committed?

A) Disorderly conduct B) Aggravated assault C) Simple assault D) There is no crime Answer: D Page Ref: 200 Objective: Explain the legal definition of assault.

380

Level: Intermediate 21) A 32-year-old man is at a High School football game with his wife and two children. He is the father of a player and is cheering for the 'home team.' Another parent from opposing team is upset that the home team parent is cheering too loudly. The visiting parent tells the man, "Knock it off! We're trying to enjoy the game!" The home team parent ignores the comment and continues to cheer loudly. The visiting parent then stands up, clenches his fists and says to the home team parent as he is charging towards the home team parent, "I told you to shut up! Now I'm going to shut you up by putting my fist in your mouth!" The home team father sees the other man approaching him with clenched fists and hears the threat. Before the visiting father has a chance to strike, the home team father punches the visiting father in the face and knocks him down. Police arrive immediately thereafter. What crime has the home team father committed?

A) Simple assault B) Aggravated assault C) Stalking D) No crime was committed by the home team father Answer: D Page Ref: 199-200 Objective: Explain the legal definition of assault.

Level: Intermediate 22) Officer Shultz is a rape investigator who will be conducting a follow-up interview with a rape victim. Which of the following is NOT recommended for Officer Shultz to do during the follow-up interview?

A) Conduct the interview with an efficient, business-like tone B) Allow the victim to describe what occurred in her own words and without interruption C) Allow the victim a ventilation period following opening remarks D) Explore previous relationships or prior consensual sexual relations with the offender Answer: A Page Ref: 209 Objective: Explain the techniques used in interviews with rape victims.

Level: Intermediate 23) Two officers have been dispatched to investigate a report of a domestic disturbance at a home. After officers have entered the location of the domestic violence call and have secured the area, the investigation begins. The first rule is to interview the suspect and victim separately. One officer is about to interview the suspect. What should the police officer do?

A) Read the Miranda warnings to the suspect B) Arrest the suspect C) Remove the suspect from the home and conduct the interview while the suspect is locked in the back of the squad car D) Interview the suspect without reading the Miranda warnings Answer: D Page Ref: 200 Objective: Describe the problem of domestic violence.

Level: Intermediate 381

382

24) Two police officers are called to investigate a domestic abuse incident. When police arrived, they find a married couple engaged in a physical fight where the man is on top of the woman and he is holding her down by the shoulders while she is scratching his face and arms with her fingernails. After separating the two, both are assessed for injuries and an ambulance is summoned to the scene. The man has multiple scratches on his face, his neck, and on his arms.

His eye is severely injured. The woman has what appears to be a black eye and her clothes are torn and barely cover her underclothes. The woman stated that he insisted on sexual relations and began pulling off her clothes and she kicked him in the groin and tried to run away. He caught up to her and started to pull off her clothes and she was trying to fight him off. She also tells police that she does not want to "press charges." The man told the officers that his wife was angry at him and he just wanted to have a little fun. Things got out of hand and she kicked him in the groin. He said that he just was trying to keep her from hitting him so he pushed her down. He doesn't know how her eye got injured but insists that he is the victim by saying, "Look at me!

Look at what that B_ _ _ H did to me!" Who should police arrest in this situation?

A) The wife should be arrested since she started the incident with violence.

B) The husband should be arrested because he is the primary physical aggressor.

C) Both should be arrested since both were involved in mutual combat.

D) None should be arrested since neither wants the other to be arrested.

Answer: B Page Ref: 199 Objective: Describe the problem of domestic violence.

Level: Intermediate 25) What is the investigative goal of the police officer in interviewing a rape victim?

A) It is to gather evidence in order to convict the suspect B) It is to cross-examine the victim to identify potential pitfalls in her story to determine prosecution strategies C) To determine why the victim is the victim D) To determine if and how the crime occurred Answer: D Page Ref: 200 Objective: Explain the techniques used in interviews with rape victims.

Level: Intermediate 11.2 True/False Questions 1) Loss or impairment of body members or organs is categorized as a simple assault.

Answer: FALSE Page Ref: 200 Objective: Explain the legal definition of assault.

Level: Basic 2) Police investigators at the scene of an assault should photograph the victim's injuries.

Answer: TRUE Page Ref: 201 Objective: Explain the legal definition of assault.

383

Level: Basic 3) Firearms are the most common type of weapon used in an aggravated assault.

Answer: FALSE Page Ref: 199 Objective: Explain the legal definition of assault.

Level: Basic 4) When responding to a domestic violence call, the officer should park within view of the location for the best view of the situation.

Answer: FALSE Page Ref: 200 Objective: Describe the problem of domestic violence.

Level: Basic 5) When investigating a domestic violence, it is not important to determine who the primary physical aggressor is.

Answer: TRUE Page Ref: 199 Objective: Describe the problem of domestic violence.

Level: Basic 6) Prior domestic violence can be considered by making a determination as to which person is the primary physical aggressor in a domestic violence.

Answer: TRUE Page Ref: 201 Objective: Describe the problem of domestic violence.

Level: Basic 7) In many cities if a victim of domestic violence will not testify, the police will still the offender.

Answer: TRUE Page Ref: 201 Objective: Describe the problem of domestic violence.

Level: Basic 8) Protection orders are used in all 50 states.

Answer: TRUE Page Ref: 201 Objective: Describe the problem of domestic violence.

Level: Basic 9) 2 percent of women and 8 percent of men have been stalked at some time in their lives.

Answer: FALSE Page Ref: 202 Objective: Explain the methods of investigating stalking cases.

384

Level: Basic 10) The National Violence Against Women Survey revealed that the stalking of a woman often ends up in a physical or sexual assault of the person who is stalked.

Answer: TRUE Page Ref: 202 Objective: Explain the methods of investigating stalking cases.

Level: Basic 11) Gay men are the most likely victims of male-on-male stalking.

Answer: TRUE Page Ref: 203 Objective: Explain the methods of investigating stalking cases.

Level: Basic 12) Forcible rape is defined as, "penetration, no matter how slight, of the vagina or anus with any body part or object or oral penetration by a sex organ of another person, without the consent of the victim."

Answer: TRUE Page Ref: 204 Objective: Describe the crime of sexual assault and rape.

Level: Basic 13) The first duty of the responding officer to sexual assault is to secure the crime scene.

Answer: FALSE Page Ref: 205 Objective: Identify evidence in rape cases.

Level: Basic 14) Seminal traces may be located by ultraviolet light or an acid phosphatase color test.

Answer: TRUE Page Ref: 206 Objective: Identify evidence in rape cases.

Level: Basic 15) A victim of a rape often needs a "ventilation" period to relieve emotional tension.

Answer: TRUE Page Ref: 209 Objective: Explain the techniques used in interviews with rape victims.

Level: Basic 11.3 Fill in the Blank Questions 1) Threats by one person to cause bodily harm or death to another are classified as ________ assaults.

Answer: Simple 385

Page Ref: 200 Objective: Explain the legal definition of assault.

Level: Intermediate 2) When a victim suffers loss or impairment of a body member or organ, the assault is classified as ________.

Answer: Aggravated Page Ref: 200 Objective: Explain the legal definition of assault.

Level: Intermediate 3) The assault victim's injuries should be documented and ________.

Answer: Photographed Page Ref: 201 Objective: Explain the legal definition of assault.

Level: Intermediate 4) Most victims of assault ________ their attackers.

Answer: Know Page Ref: 199 Objective: Explain the legal definition of assault.

Level: Intermediate 5) In ________ stalking, the stalker pursues a vendetta because of a sense of grievance.

Answer: Resentful Page Ref: 202 Objective: Describe the methods of investigating stalking cases.

Level: Intermediate 6) If the assault was a mutual assault, officers must try to determine the ________ aggressor.

Answer: Primary Page Ref: 201 Objective: Explain the legal definition of assault.

Level: Intermediate 7) The profiles of abusive men have been fairly ________.

Answer: Consistent Page Ref: 201 Objective: Describe the methods of investigating stalking cases.

Level: Intermediate 8) For domestic violence situations, protective orders are a(n) ________.

Answer: Option Page Ref: 201 Objective: Describe the methods of investigating stalking cases.

Level: Intermediate 386

387

9) The crime of stalking generally refers to some form of repeated ________ or threatening behavior.

Answer: Harassing Page Ref: 202 Objective: Describe the methods of investigating stalking cases.

Level: Intermediate 10) Most sex crimes are thought to be grossly ________ by victims.

Answer: Underreported Page Ref: 203 Objective: Describe the crime of sexual assault and rape.

Level: Intermediate

388

11.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Meant to be together B) Approval C) Unlawful sexual intercourse D) High probability of death E) Unwilling to participate F) Penetration G) Legal document H) Spy on victim and plan an attack I) Committed battery on another J) Threats 1) Simple assault Page Ref: n/a Objective: n/a Level: Intermediate 2) Aggravated assault Page Ref: n/a Objective: n/a Level: Intermediate 3) Primary aggressor Page Ref: n/a Objective: n/a Level: Intermediate 4) Protection order Page Ref: n/a Objective: n/a Level: Intermediate 5) Rape Page Ref: n/a Objective: n/a Level: Intermediate 6) Consent Page Ref: n/a Objective: n/a Level: Intermediate

389

7) Resistance Page Ref: n/a Objective: n/a Level: Intermediate 8) Carnal knowledge Page Ref: n/a Objective: n/a Level: Intermediate 9) Predatory stalker Page Ref: n/a Objective: n/a Level: Intermediate 10) Intimacy stalker Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) J 2) D 3) I 4) G 5) C 6) B 7) E 8) F 9) H 10) A 11.5 Essay Questions 1) Sexual assault is a serious crime that involves many steps in the investigation. Discuss the investigative procedures.

Answer: The first responsibility is to aid the victim and obtain medical attention. Questioning the victim and any witnesses will come secondary. The crime scene should be secured and a search for physical evidence should begin as soon as possible. Evidence can be found at the crime scene, on the victim, and on the suspect. A forensic examination should be completed by a forensic examiner or a SAFE professional. Follow-up interviews with the victim are necessary and typically occur after the victim has received medical attention.

Page Ref: 207-208 Objective: Describe the crime of sexual assault and rape.

Level: Intermediate 2) Discuss the two types of assault.

Answer: Simple assault: threats by one person to cause bodily harm or death to another, purposely inflicting bodily harm on another; aggravated assault: high probability of death, serious permanent disfigurement, loss or impairment of body members or organs.

Page Ref: 199-200 Objective: Explain the legal definition of assault.

Level: Intermediate

390

3) Discuss and list the six essential points involved in interviewing a victim of rape.

Answer: Officer attitude: maintaining professionalism at all times and helping the victim by reassurance; Physical setting: a comfortable place for the victim; opening remarks—officer must gain the victim's confidence immediately; ventilation period: allow the victim to relieve their emotions; investigative questioning: officer can point out similarities and discrepancies in the case if he/she hears any; concluding the interview: officer should provide community resources of help for the victim.

Page Ref: 208-209 Objective: Explain the techniques of rape victim interviews.

Level: Intermediate 11.6 Critical Thinking Questions 1) You are an officer who has just been called for an assignment to a rape crime. Upon arrival you meet with the victim, identified as Josephine. She has torn clothing, physical signs of injury and is crying. Discuss what your course of action will be.

Answer: The first thing to do is to ensure Josephine receives medical attention. If you are not a female officer, you need to try to find one so that she may be more comfortable speaking to the same sex officer. If this is not possible, ensure the victim is reassured that she is safe and you will get her the help she needs. Make sure you maintain professionalism at all times during the interactions with the victim. Your interview should be brief until she has been through a medical screening. Do not ask detailed questions, simple to the point questions and speaking compassionately to the victim.

Page Ref: 206-209 Objective: Explain the techniques of rape victim interviews.

Level: Intermediate 2) You have responded to a call for domestic violence. When you arrive you encounter two parties. One has what appears to be a knife wound on their left forearm. The other does not appear to have injuries. You interview the people individually to determine what happened and to determine who the primary aggressor is in the situation. You also need to determine what crime has just occurred. Discuss what your outcome of this response will be.

Answer: You determine the person with no injuries is the primary aggressor. You arrest this person and will take them to jail along with getting a warrant for this person. If it is determined they live, lived or have a relationship together, they can be charged with domestic violence. You further determine the aggressor will be charged with aggravated assault because of the wound bleeding and the use of a knife as a weapon. You will finally ensure the victim is also aware of their rights and how they can obtain assistance.

Page Ref: 200-201 Objective: Describe the problem of domestic violence.

Level: Intermediate

391

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 12 Missing and Abducted Persons 12.1 Multiple Choice Questions 1) Statistics show that there are an estimated 100 cases each year in the United States where a child is abducted and murdered. Which of the following is TRUE? A) The majority of the victims are girls.

B) The average age of the victim is old than 11 years of age.

C) The initial contact between the victim and the killer is within 1/4 mile of the victim's residence.

D) All of the above Answer: D Page Ref: 214 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 2) According to NISMART date, what percentage of the killers of children in the United States have had prior arrests for violent crimes?

A) 10 B) 31 C) 53 D) 61 Answer: D Page Ref: 215 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 3) A throw-away child episode involves which of the following?

A) A child leaves home without permission and stays away overnight.

B) A child 14 years old or younger who is away from home chooses not to come home when expected and stays away overnight.

C) A child who is away from home is prevented from returning home.

D) A child 15 years or older who is away from the home chooses not to come home and stays away for two nights.

Answer: C Page Ref: 215 Objective: Identify the different types of missing person cases.

Level: Basic

392

4) The Elizabeth Smart kidnapping illustrates several characteristics that child abductors have in common. Which of the following is NOT one of those characteristics?

A) They have a prior visual sighting of the victim.

B) The initial contact is frequently made at or near the home.

C) The motivation often for the crime is sexual in nature.

D) They usually are the parent of an estranged child.

Answer: D Page Ref: 216 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 5) Which of the following is NOT one of the categories that missing children are classified as?

A) Nonfamily abduction B) Family abduction C) Custodial abduction D) Runaway Answer: C Page Ref: 216 Objective: Identify the different types of missing person cases.

Level: Basic

393

6) A 15-year-old girl is reported missing to the police by her parents, and the following is learned by the responding officer: The parents are in shock as their daughter is a good student and there is no apparent reason for her to run away, no fights with her parents or other factors known to either parent. She was discovered missing when the mother came home from work at 6:00 p.m. and her daughter should have been home for hours. There were no notes and she is now missing for over four hours. The girl is somewhat of a loner (no known friends), and spends a lot of time in her room studying.

She is an "A" student. She has a computer in her room and it is connected to the Internet. She has talked to her parents about new friends she has made in chat rooms. After checking her room, her mother found that her suitcase is missing along with all of her "fun money."

Based on the information above, what is the best theory (at this point. behind the child's status, and what should the officer investigating the case do next?

A) The child has run away from home and the officer should check with school officials for reasons why.

B) The child has been abducted from her room by a stranger and the officer should enter her information into NCIC. C) The child has been abducted by a stranger on the way home from school and the officer should initiate an Amber Alert, as 74 percent of children are murdered within the first few hours of the event.

D) The child has been lured by an Internet predator and the child's computer should be checked for information and clues as to the perpetrator's identity and/or location.

Answer: D Page Ref: 217 Objective: Explain the role of the responding officer in missing person cases.

Level: Basic 7) Which of the following is NOT correct about Code Adam?

A) If a visitor reports a child is missing, a detailed description of the child and what he or she is wearing is obtained.

B) Law enforcement should not be called until the child is still missing after a 30-minute search.

C) If the child is found and appears to have been lost and unharmed, the child is reunited with the searching family member.

D) The Code Adam page will be canceled after the child is found or law enforcement arrives.

Answer: B Page Ref: 217 Objective: Identify the investigative response to missing person cases.

Level: Basic

394

8) ________ is an internationally recognized "missing child" safety program in the United States (and Canada), originally created by Walmart retail stores in 1994. Today, many department stores, retail shops, shopping malls, supermarkets, amusement parks, and museums participate in the program. Legislation enacted by Congress in 2003 now mandates that all federal office buildings use the program.

A) Amber Alert B) Megan's Code C) Code Adam D) Jessica's Code Answer: C Page Ref: 217 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 9) According to the National Center for Missing and Exploited Children (NCMEC), every year, more than 200,000 children are abducted by family members. An additional 58,000 are taken by nonrelatives with primarily sexual motives. How many reported abductions represent cases in which strangers abduct and kill children, hold them for ransom, or take them with the intention to keep?

A) Approximately 115 B) Between 500-1000 C) Approximately 2500 D) About 10,000 Answer: A Page Ref: 215 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 10) Which of the following is an accurate profile of a killer of abducted children?

A) He is around 27 years old, married and is almost always employed in professional occupations.

B) He is around 57 years old, married and is almost always employed in an unskilled occupation.

C) He is around 45 years old, unmarried and is unemployed about half the time.

D) He is around 27 years old, unmarried and is unemployed about half the time.

Answer: D Page Ref: 215 Objective: Identify the different types of missing person cases.

Level: Basic

395

11) What is the primary motivation for the child abduction murder?

A) Divorce and child custody orders B) Sexual assault C) Money/ransoms not being met D) Blood lust Answer: B Page Ref: 215 Objective: Identify the different types of missing person cases.

Level: Basic 12) What is a major provision of "Megan's Law"?

A) Allows states to use the Federal Parent Locator Service to obtain address information on noncustodial parents who abducted their children B) Permits law enforcement to provide information on registered sex offenders to the general public, resulting in numerous publicly accessible websites C) Allows the entry of missing children into NCIC even though the noncustodial parent would not be charged with a crime D) Created a national clearinghouse for missing children and authorizing research to determine the extent of the problem within this country Answer: B Page Ref: 218 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Intermediate 13) An investigator is working on a missing child case where a 14-year-old girl suddenly disappeared with no apparent reason. The investigator determined there was no recent fight between the child and parents, yet the child was gone one day when the parents returned from work. Which of the following would be an investigative priority for the investigator?

A) Put out an Amber Alert B) Conduct a search of the yard and garage C) Check the child's computer D) Interview teachers at school Answer: C Page Ref: 217 Objective: Explain the role of the criminal investigator in missing person cases.

Level: Basic 14) What is NOT one of the steps of Code Adam?

A) A description of the child is given.

B) All exterior access to the building is locked and monitored.

C) If the child is not found with 30 minutes, law enforcement is called.

D) Designated employees monitor front entrances; other employees look for the child.

Answer: C Page Ref: 217 Objective: Identify the investigative response to missing person cases.

Level: Basic 396

15) ________ the informal name given to a 2005 Florida law designed to punish sex offenders and reduce their ability to reoffend.

A) Megan's Law B) Jessica's Law C) Adam's Law D) Offender registration Answer: B Page Ref: 218 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 16) In 1997, the U.S. Office of Juvenile Justice Delinquency and Prevention (OJJDP) reported that most children (74 percent) who are murdered during stranger kidnappings are: A) Abducted from classrooms B) Tortured before being killed C) Held for an average of two weeks before being killed D) Killed within the first few hours of the event Answer: D Page Ref: 218 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 17) Child abductions are one of society's greatest concerns. Investigators know that they must move quickly to capture perpetrators. What percent of children are abducted and murdered within the first few hours of their disappearance?

A) 10% B) 24% C) 54% D) 74% Answer: D Page Ref: 218 Objective: Identify the investigative response to missing person cases.

Level: Basic 18) At the mall, a woman reported to private security officers that her eight-year-old daughter was missing. A search of the mall by security officers failed to locate the missing girl and police were summoned to the scene. After interviewing the mother and security officers, what should the officer do next?

A) Issue an Amber Alert B) Verify that the child is in fact missing C) Ask the mother to wait another hour to see if the daughter turns up D) Put out a broadcast for the missing child Answer: B Page Ref: 220 Objective: Explain the role of the responding officer in missing person cases.

397

Level: Intermediate 19) A child is unlawfully taken from a city playground by a noncustodial parental who intends to start another life outside the investigating agency's jurisdiction. During the abduction, the suspect commits several traffic violations in an attempt to flee. Early in the investigation, investigators request an off-line search from NCIC. What information may an "off-line search" from NCIC provide in this case?

A) Information regarding any wants or warrants for the suspect B) Information regarding officers from other jurisdictions stopping the suspect for traffic violations C) A complete list of the suspect's past residences in the past 10 years D) Nothing of evidentiary value Answer: B Page Ref: 219 Objective: Explain the role of the criminal investigator in missing person cases.

Level: Difficult 20) According to the FBI's Behavioral Analysis Unit Child Abduction Response Plan, the most vital step in missing children cases is: A) Securing the scene B) Making an initial report C) Obtaining permission to search houses or buildings D) The neighborhood canvas Answer: D Page Ref: 222 Objective: Identify the investigative response to missing person cases.

Level: Basic 21) The investigator's role in a child case abduction is: A) Obtain a brief recent history of family dynamics B) Explore the basis for conflicting information C) Verify the accuracy of all descriptive information D) All of the above Answer: D Page Ref: 222 Objective: Explain the role of the criminal investigator in missing person cases.

Level: Basic 22) Using triangulation from cell phone towers, authorities can locate a cell phone within: A) 100 feet B) 500 feet C) One-half mile D) One mile Answer: B Page Ref: 223 Objective: Explain the role of the criminal investigator in missing person cases.

398

Level: Basic

399

23) The Amber Alert makes use of all but which of the following?

A) Radio B) Television C) Billboards D) Computers Answer: D Page Ref: 224 Objective: Identify the investigative response to missing person cases.

Level: Basic 24) Elizabeth Shoaf was abducted and sexually abused in 2006 and held captive for 10 days. Her rescue was due to: A) Running away from the trailer she was kept in B) Sending a text message to her mother C) Striking her captor over the head while he slept D) All of the above Answer: B Page Ref: 224 Objective: Explain the role of the criminal investigator in missing person cases.

Level: Basic 25) Elizabeth Smart was kidnapped in 2002 at gunpoint from her home. Information concerning the case includes: A) She was held captive almost nine months.

B) Her mother had picked up her abductor off the streets and had given him chores around their house.

C) Her sister recalled the workman, and police then developed a suspect.

D) All of the above Answer: D Page Ref: 22 Objective: Explain the role of the criminal investigator in missing person cases.

Level: Basic 12.2 True/False Questions 1) There are approximately more than 200,000 children abducted each year by family members.

Answer: TRUE Page Ref: 214 Objective: Identify the different types of missing person cases.

Level: Basic 2) In only 2 percent of the child abductions are registered sex offenders involved.

Answer: TRUE Page Ref: 214 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 400

3) Many abductions have some type of sexual abuse.

Answer: TRUE Page Ref: 215 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 4) The average age of a person who killed the child that they had abducted was 56 years old.

Answer: FALSE Page Ref: 215 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 5) The motivation for most child abductions is often sexual in nature.

Answer: TRUE Page Ref: 215 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 6) The nonfamily abduction generally occurs in conjunction with divorce and separation.

Answer: FALSE Page Ref: 216 Objective: Identify the different types of missing person cases.

Level: Basic 7) If a child is missing, the computer in their room may provide information as to their location.

Answer: TRUE Page Ref: 217 Objective: Identify the investigative response to missing person cases.

Level: Basic 8) Walmart has offered to assist in training workshops for other companies seeking to implement Code Adam.

Answer: TRUE Page Ref: 217 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 9) At the federal level, Megan's law is known as the Sexual Offender (Jacob Wetterling) Act of 1994.

Answer: TRUE Page Ref: 218 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic

401

10) In 75 percent of stranger kidnappings, the children are killed with 3 days.

Answer: FALSE Page Ref: 218 Objective: Identify the different types of missing person cases.

Level: Basic 11) The most crucial component of a missing child is the initial response.

Answer: TRUE Page Ref: 219 Objective: Explain the role of the responding officer in missing person cases.

Level: Basic 12) The patrol should refrain from asking about the marital status of the parents so as not to offend them or make accusatory inferences.

Answer: FALSE Page Ref: 220 Objective: Explain the role of the responding officer in missing person cases.

Level: Basic 13) It is important to interview the friends of the missing child. They often know more about the child's attitudes, emotions and plans than the parents.

Answer: TRUE Page Ref: 220 Objective: Explain the role of the responding officer in missing person cases.

Level: Basic 14) One of the most important steps in missing children cases is the neighborhood canvass.

Answer: TRUE Page Ref: 222 Objective: Explain the role of the responding officer in missing person cases.

Level: Basic 15) Using triangulation, cell phones can be tracked to within about 500 feet.

Answer: TRUE Page Ref: 223 Objective: Identify the investigative response to missing person cases.

Level: Basic 12.3 Fill in the Blank Questions 1) The motive in cases involving abducted children is often ________.

Answer: Sexual Page Ref: 214 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Intermediate

402

2) The duration of a kidnapping episode is ________ hours or less in 90 percent of all cases.

Answer: 24 Page Ref: 216 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic 3) ________ abductions are often complex cases involving court orders, child protection services, and hidden agendas.

Answer: Family Page Ref: 216 Objective: Identify the different types of missing person cases.

Level: Basic 4) In ________ abductions, the child is removed without authorization from his or her family by force or trickery.

Answer: Nonfamily Page Ref: 216 Objective: Identify the different types of missing person cases.

Level: Basic 5) The ________ is the most common missing child case.

Answer: Runaway Page Ref: 217 Objective: Identify the different types of missing person cases.

Level: Basic 6) The ________ alert system disseminates information to the general public about kidnappers and sexual predators and their vehicles via highway signs, television, and radio broadcasts.

Answer: Amber Page Ref: 224 Objective: Identify the investigative response to missing person cases.

Level: Intermediate 7) Code ________ is an internationally-recognized "missing child" safety program in the United States and Canada, originally created by Walmart.

Answer: Adam Page Ref: 217 Objective: Identify the investigative response to missing person cases.

Level: Intermediate 8) ________ Law is the informal name for laws in the United States requiring law enforcement authorities to make information available to the public regarding registered sex offenders.

Answer: Megan's Page Ref: 218 Objective: Identify the investigative response to missing person cases.

Level: Intermediate 403

9) ________ Law is the informal name given to a 2005 Florida law, as well as laws in several other states, designed to punish sex offenders and reduce their ability to reoffend.

Answer: Jessica's Page Ref: 218 Objective: Identify the investigative response to missing person cases.

Level: Intermediate 10) The average age of killers of abducted children is ________ years old.

Answer: 27 Page Ref: 215 Objective: Summarize the complexity of the nation's missing persons problem.

Level: Basic

404

12.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Punish sex offenders B) Incident studies C) Child is asked to leave home D) Register for sex offenders E) System that quickly posts information about abductions F) Related to domestic dispute G) Missing child safety programs H) Most common for law enforcement I) Taken by trickery J) Classifying a case 1) NISMART Page Ref: n/a Objective: n/a Level: Intermediate 2) Nonfamily abduction Page Ref: n/a Objective: n/a Level: Intermediate 3) Family abduction Page Ref: n/a Objective: n/a Level: Intermediate 4) Runaway Page Ref: n/a Objective: n/a Level: Intermediate 5) Code Adam Page Ref: n/a Objective: n/a Level: Intermediate 6) Megan's Law Page Ref: n/a Objective: n/a Level: Intermediate

405

7) Jessica's Law Page Ref: n/a Objective: n/a Level: Intermediate 8) Labeling Page Ref: n/a Objective: n/a Level: Intermediate 9) Amber Alert Page Ref: n/a Objective: n/a Level: Intermediate 10) Thrown-away Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) B 2) I 3) F 4) H 5) G 6) D 7) A 8) J 9) E 10) C 12.5 Essay Questions 1) In general, missing children cases fall into three basic categories. Define each and briefly discuss the risks to the child in each category.

Answer: The nonfamily abduction case, in which a child is removed without authorization from his or her family by force or trickery, is the most complex and dangerous type of missing child case. In this situation, time is of the essence because the child is considered to be in great danger.

Many experts believe that the first few hours after abduction are the most dangerous for children; The second type of case is the family abduction, which generally occurs in conjunction with divorce and separation. In this type of case, the noncustodial parent removes the child from the care of the custodial parent and may flee to another state or even another country with the child.

The child may be at risk with the noncustodial parent. There have been recent cases across the nation in which the child of a family abduction was murdered by the noncustodial parent, who then committed suicide. Family abductions are often very complex cases involving court orders, child protection services, and hidden agendas, as well as raw emotions and sometimes extreme possessiveness toward the children on the part of one or both parents.

The third type of missing child case involves the runaway or lost child, who could be in great danger depending on such factors as age, maturity, and intelligence. The voluntary runaway child is the most common missing child case encountered by law enforcement officers.

Page Ref: 216-217 Objective: Identify the different types of missing person cases.

Level: Intermediate

406

2) Discuss and identify how authorities decide if a missing child fits the criteria of an endangered child for national broadcast.

Answer: They must reasonably believe that an abduction has occurred; believe the child is in imminent danger of serious bodily injury or death; have enough descriptive information about the victim and the abduction to issue an AMBER alert to assist in the recovery of the child; know that the abducted child is 17 years of age or younger, and have entered the child's name and other critical data elements, including flagging it as a child abduction into NCIC. Page Ref: 217 Objective: Identify the investigative response to missing person cases.

Level: Intermediate 3) There are 16 steps commonly associated with the responsibilities of the first responder on a child abduction/missing person case. Define all sixteen.

Answer: Interview parents or the person who made the initial report to the emergency operations center; verify that the child is in fact missing; verify the custody of the child; identify the circumstances of the disappearance; determine when, where and by whom the missing child was last seen; interview the individuals who last had contact with the child; identify the child's zone of safety for his/her age and developmental stage; make an initial determination of the type of incident; obtain a detailed description of the missing child, suspected abductor(s), vehicle, and the like; relay detailed descriptive information to the EOC for relay to other law enforcement agencies and information referral sources; ensure that any remaining persons at the scene are identified and interviewed and information is properly recorded; continue to update the emergency dispatcher and other appropriate department personnel; obtain and record permission to search houses or buildings; secure and safeguard the crime scene; obtain photos, videotapes, and any other identifying information on suspects; prepare reports and make all required notifications.

Page Ref: 220-222 Objective: Explain the role of the responding officer in missing person cases.

Level: Difficult 12.6 Critical Thinking Questions 1) You have just responded to a local grocery store in response to a child abduction. You are told that there is a dispute between a mother and the missing child's father, who does not have custody or visitation of the child. The mother states that the father is mad at her because he has no rights to the child, therefore taking her to an unknown location. The mother states that the father is a convicted child molester. At this point in your investigation you need to determine if you meet the criteria for a nationwide broadcast. Identify the checklist which meets this requirement.

Answer: They must reasonably believe that an abduction has occurred; believe the child is in imminent danger of serious bodily injury or death; have enough descriptive information about the victim and the abduction to issue an AMBER alert to assist in the recovery of the child; know that the abducted child is 17 years of age or younger, and have entered the child's name and other critical data elements, including flagging it as a child abduction into NCIC. Page Ref: 217-218 Objective: Identify the investigative response to missing person cases.

407

Level: Difficult 2) You are walking down the street and notice in the front of a business that a Code Adam decal exists within the organization. You know that employees of this business are trained to follow six steps to ensure the safe recovery of children. Identify these six steps and provide your opinion if more businesses should implement this policy. If so, why? If not, why not?

Answer: A detailed description of the child and what he or she is wearing is obtained; exterior doors are locked and monitored; anyone approaching the door is turned away; employee goes to the nearest phone and pages Code Adam providing all known information; there are monitors at the entrance and monitors searching; if the child is not found within 10 minutes police are called; if found, the child is reunited with family; if the child is with another person, every effort will be made to contact family; Code Adam canceled if child is recovered or law enforcement arrives.

Page Ref: 217-218 Objective: Identify the investigative response to missing person cases.

Level: Difficult

408

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 13 Crimes against Children: Child Abuse and Child Fatalities 13.1 Multiple Choice Questions 1) Which of the following is TRUE concerning the rate of child abuse in single-parent households versus two-parent households? Children in single-parent households have: A) A greater chance of being physically abused B) A greater chance of being harmed by physical neglect C) A greater chance of being harmed by emotional neglect D) All of the above Answer: D Page Ref: 230 Objective: Summarize the scope of the problem of child abuse.

Level: Basic 2) Shaken baby syndrome is an example of: A) Acute maltreatment B) Chronic maltreatment C) Battered child syndrome D) Munchausen syndrome by proxy Answer: A Page Ref: 231 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic 3) Battered child syndrome is an example of: A) Acute maltreatment B) Chronic maltreatment C) Caffey's syndrome D) Munchausen syndrome by proxy Answer: B Page Ref: 231 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic

409

4) What is the legal term that asserts the government's role in protecting the interests of children and intervening when parents fail to provide proper care?

A) In familia loci B) Parens patriae C) Family of the court D) Familia patriae Answer: B Page Ref: 231 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Basic 5) The role of the criminal investigator in a child abuse case is to: A) Determine whether a crime has been committed B) Determine who is responsible for committing the crime C) Locate safe housing for the child D) Both A and B Answer: D Page Ref: 232 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Basic 6) The pathologist can provide information about the child's injuries, including: A) Those related to the death B) Those previously inflicted C) Whether a single event or multiple factors caused the death D) All of the above Answer: D Page Ref: 233 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Basic 7) ________ exist in all 50 states and included representatives from education, health-related agencies, medical practitioners, the medical examination and law enforcement.

A) Child Welfare Boards B) Child Protective Boards C) Child Fatality Boards D) Child Safety Boards Answer: C Page Ref: 233 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Basic

410

8) A teacher notices that one of his eight-year-old students has fingertip marks and burn marks on their arm. These are ________ of abuse.

A) Internal signs B) External signs C) Blatant signs D) both A and B Answer: B Page Ref: 234 Objective: Describe the problem of child physical abuse.

Level: Basic 9) A child is seen in the emergency room with a broken arm. X-rays taken reveal multiple prior broken bones and a current spiral fracture. These are ________ of abuse.

A) Internal signs B) External signs C) Blatant signs D) Both A and B Answer: A Page Ref: 234 Objective: Describe the problem of child physical abuse.

Level: Intermediate 10) When investigating a possible battered child syndrome incident, the investigation should always do the following: A) Conduct interviews with medical personnel who are attending the child B) Interview all persons who had access to or custody of the child C) Conduct a thorough investigation of the scene where the child what allegedly hurt D) All of the above Answer: D Page Ref: 235 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Basic 11) The police are called to investigate a three-year-old with 1st and 2nd degree burns on her hands. The caretaker says that the child likes to play with water and must have turned on the hot water in the sink and accidentally burned herself. What should the investigator do?

A) Check the temperature of the standing water B) Check the temperature of the water heater C) Check the temperature of the water from each tap D) All of the above Answer: D Page Ref: 235 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Basic 411

12) Which of the following terms do investigators quickly learn when investigating a child homicide?

A) Clumsy child B) Killer couches C) Killer cribs D) Both B and C Answer: D Page Ref: 236 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Basic 13) What is NOT a classic medical symptom associated with infant shaking?

A) Retinal hemorrhaging B) Subdural or subarachnoid hematomas C) Bruising D) Absence of other external signs of abuse Answer: C Page Ref: 237 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic 14) According to all credible studies in the past several years, retinal hemorrhaging in infants is, for all practical purposes, conclusive evidence of: A) Shaken baby syndrome B) Being struck hard across the chest C) Being struck hard across the lower back D) Falling off of a couch Answer: A Page Ref: 237 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic 15) Which of the following psychological disorders does a patient fabricate symptoms of disease or injury in order to undergo medical tests, hospitalization, or even medical or surgical treatment?

A) Battered child syndrome B) Sudden infant death syndrome C) Munchausen's syndrome by proxy D) Shaken baby syndrome Answer: C Page Ref: 237 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, 412

Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic 16) A 5-year-old boy is hospitalized with an unknown illness. This is his third hospitalization for vomiting and stomach pains over the past year. While hospitalized this time he continues to get worse. His blood test reveals a presence of a poison that would explain the symptoms. Tests over the next few days show an increase of the poison in his blood. Besides the medical staff, his only visitor is his mother. He may be a victim of: A) Munchausen's syndrome B) Munchausen's syndrome by proxy C) Battered child syndrome D) Shaken baby syndrome Answer: B Page Ref: 237 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic 17) Which of the following statement is NOT true concerning Sudden Infant Death Syndrome?

A) It appears to occur after the victim is sleeping B) There is no sign of a struggle C) It is often the result of undetected child abuse D) It is a diagnosis made when there is no other medical explanation for the death Answer: C Page Ref: 238 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic 18) In most jurisdictions, who conducts the initial face-to-face forensic interview of a child who has been physically, emotionally or sexually abused?

A) The officer taking the call B) The detective who specializes in abuse cases C) State child welfare investigators D) The hospital emergency room doctor Answer: C Page Ref: 240 Objective: Explain the significance of the forensic interview.

Level: Basic

413

19) Physical evidence in child molestation cases might include which of the following?

A) Camera or video equipment B) Pornographic magazines C) Photographs depicting juveniles in sexual situations D) All of the above Answer: D Page Ref: 241 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Basic 20) Which of the following is NOT a characteristic of a child victim of sexual abuse?

A) From unstable home environments B) From low or average income families C) In the 2- to 6-year-old age group D) Subject to abrupt changes in moods Answer: C Page Ref: 242 Objective: Summarize the scope and prevalence of child sexual abuse.

Level: Basic 21) A pre-school teacher is worried about Brandon, a four-year-old boy who often shows external signs of injury. On Monday, Brandon came to school with skinned knees and bruises to the elbows, and bruised bump on his forehead. The teacher calls the police who along with social services, confirm that these are the only injuries the boy has. When asked about how he got the injuries Brandon said, "I was riding my bike." What is the likely conclusion the police and social services would have regarding the injuries to Brandon?

A) Brandon is likely being physically abused.

B) Brandon is likely being threatened at home and is being abused.

C) Brandon is likely experiencing accidental injuries during play.

D) Brandon is lying regarding injuries to protect the abuser.

Answer: C Page Ref: 235 Objective: Describe the problem of child physical abuse.

Level: Difficult 22) Which of the following is NOT a common characteristic of pedophiles/child molesters?

A) Has access to the child through family B) Cautions his or her victims against disclosure C) Sexually abuses his own children D) Often targets children with disabilities who are loners Answer: C Page Ref: 242 Objective: Summarize the scope and prevalence of child sexual abuse.

Level: Basic

414

23) Joe takes his computer in to be repaired. While repairing the computer the tech finds pictures on the computer depicting the use of a minor engaging in sexually explicit conduct. Joe is charged with: A) Child abuse B) Child sexual abuse C) Child pornography D) Child transportation Answer: C Page Ref: 242 Objective: Summarize the scope and prevalence of child sexual abuse.

Level: Basic 24) Brittany is a 14-year-old growing up in home where her parents continually fight and pay little to no attention to her. They are both alcoholics and she runs away to Las Vegas. Joe befriends her and gives her a place to live and clothes to wear. He discourages her from contacting her parents and cultivates a false sense of trust with her. After a period of time, Joe tells Brittany she must perform sex acts in order to continue receiving his attention and the benefits. She feels she is incapable of leaving Joe. Brittany is a victim of: A) Child sexual abuse B) Child pornography C) Child kidnapping D) Child sex trafficking Answer: D Page Ref: 243 Objective: Summarize the various problems associated with child exploitation.

Level: Intermediate 25) In January 2014, Mount Pleasant, New York, Police Chief Brian Fanelli was charged with possession of child pornography following a raid by federal agents. The raid resulted in agents seizing Fanelli's home computers, which were filled with files of preteen girls in various sexual poses. This is an example of: A) Child sex trafficking B) Child exploitation C) Child kidnapping D) Child sexual abuse Answer: B Page Ref: 243 Objective: Summarize the various problems associated with child exploitation.

Level: Intermediate 13.2 True/False Questions 1) Child abuse is most likely to occur when parents are struggling with alcohol or drug abuse.

Answer: TRUE Page Ref: 230 Objective: Summarize the scope of the problem of child abuse.

415

Level: Basic 2) The rate of child abuse in single-parent households is the same as the rate of child abuse in two-parent households.

Answer: FALSE Page Ref: 230 Objective: Summarize the scope of the problem of child abuse.

Level: Basic 3) Acute maltreatment means that the death of a child is directly related to injuries suffered as a result of a specific incident of abuse or act of neglect.

Answer: TRUE Page Ref: 231 Objective: Describe the problem of child physical abuse.

Level: Basic 4) Chronic maltreatment means that the death of a child is directly related to injuries suffered as a result of a specific incident of abuse or act of neglect.

Answer: FALSE Page Ref: 231 Objective: Describe the problem of child physical abuse.

Level: Basic 5) Shaken baby syndrome is an example of chronic maltreatment.

Answer: FALSE Page Ref: 231 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic 6) The role of the criminal investigator in a child abuse case is to determine whether a crime has been committed and who is responsible.

Answer: TRUE Page Ref: 232 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Basic 7) The fact that so many violent offenders have histories of child abuse and neglect is testimony to the fact that child abuse is often an intergenerational phenomenon.

Answer: TRUE Page Ref: 233 Objective: Summarize the scope of the problem of child abuse.

Level: Basic

416

8) External signs of child abuse include broken bones and concussions.

Answer: TRUE Page Ref: 234 Objective: Describe the problem of child physical abuse.

Level: Basic 9) Shaken baby syndrome is defined as the collection of injuries sustained by a child as a result of repeated mistreatment or beatings.

Answer: FALSE Page Ref: 235 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic 10) Retinal hemorrhaging is a classic symptom associated with shaken baby syndrome.

Answer: TRUE Page Ref: 237 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic 11) Carrie repeatedly experiences "seizures" or "respiratory arrest" only when her mom is present, never in the presence of neutral third parties or in the hospital. Carrie may be the victim of Munchausen Syndrome by Proxy.

Answer: TRUE Page Ref: 237 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic 12) One study showed the 57 percent of children referred to a clinic because they had sexually transmitted diseases claimed not to have been molested despite irrefutable evidence.

Answer: TRUE Page Ref: 240 Objective: Summarize the scope and prevalence of child sexual abuse.

Level: Basic 13) A face-to-face interview must occur with the victim of child abuse within 24 hours after the report is made.

Answer: TRUE Page Ref: 240 Objective: Explain the significance of the forensic interview.

Level: Basic

417

14) Most child victims of sexual abuse are in the 8- to 16-year-old age group.

Answer: TRUE Page Ref: 242 Objective: Summarize the scope and prevalence of child sexual abuse.

Level: Basic 15) Child pornography is a form of child sexual exploitation.

Answer: TRUE Page Ref: 242 Objective: Summarize the various problems associated with child exploitation.

Level: Basic 13.3 Fill in the Blank Questions 1) ________ maltreatment is when the child's death is directly related to injuries caused by neglect occurring over an extended period of time.

Answer: Chronic Page Ref: 231 Objective: Summarize the scope of the problem of child abuse.

Level: Basic 2) ________ maltreatment means that a child's death is directly related to injuries suffered as a result of a specific incident of abuse or negligence.

Answer: Acute Page Ref: 231 Objective: Summarize the scope of the problem of child abuse.

Level: Basic 3) The role of ________ (acronym) is to determine whether maltreatment was involved in the child's death, identify the responsible party, and take appropriate action.

Answer: CPS Page Ref: 232 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Basic 4) Shaken baby syndrome is also referred to as shaken ________ syndrome.

Answer: Impact Page Ref: 237 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic

418

5) In most cases of shaken baby syndrome, there is no ________ fracture and no external sign of trauma.

Answer: Skull Page Ref: 237 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic 6) SIDS stands for sudden infant ________ syndrome.

Answer: Death Page Ref: 238 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Basic 7) Child abuse investigations often begin with the information provided by the ________.

Answer: Child Page Ref: 240 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Basic 8) The goal of a forensic interview is to obtain a(n) ________.

Answer: Statement Page Ref: 240 Objective: Explain the significance of the forensic interview.

Level: Intermediate 9) Child ________ abuse is the sexual molestation of children.

Answer: Sexual Page Ref: 240 Objective: Summarize the scope and prevalence of child sexual abuse.

Level: Intermediate 10) ________ is the use of children for illegal activities such as prostitution or pornography.

Answer: Exploitation Page Ref: 242 Objective: Summarize the scope and prevalence of child sexual abuse.

Level: Intermediate

419

13.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Pornography that involves a child B) Parent seeking attention by inducing illness in his/her child C) Parent/child sex D) Collection of injuries E) Used for pornography F) Abrupt death of an infant G) Physical abuse H) Neglect over a long period of time I) Negligence J) Violence of shaking 1) Child abuse Page Ref: n/a Objective: n/a Level: Intermediate 2) Acute maltreatment Page Ref: n/a Objective: n/a Level: Intermediate 3) Shaken baby syndrome Page Ref: n/a Objective: n/a Level: Intermediate 4) Chronic maltreatment Page Ref: n/a Objective: n/a Level: Intermediate 5) Battered child syndrome Page Ref: n/a Objective: n/a Level: Intermediate 6) SIDS Page Ref: n/a Objective: n/a Level: Intermediate

420

7) Exploitation Page Ref: n/a Objective: n/a Level: Intermediate 8) Incest Page Ref: n/a Objective: n/a Level: Intermediate 9) Munchausen syndrome by proxy Page Ref: n/a Objective: n/a Level: Intermediate 10) Child pornography Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) G 2) I 3) J 4) H 5) D 6) F 7) E 8) C 9) B 10) A 13.5 Essay Questions 1) The roles of police officers and Child Protection Services are different yet inherently linked during the investigation of a child fatality. Discuss the different roles and the interaction that should take place in a coordinated investigation involving child fatalities.

Answer: Child Protection Services (CPS) has legal authority to be involved in the investigation of a child's death if a parent or other member of the household is suspected. It should be noted, however, that the CPS role is very different from the law enforcement role; the role of CPS is to determine whether maltreatment was involved in the child's death, identify the responsible party, and then take appropriate action to protect any surviving siblings. CPS does not determine whether anyone committed a crime, nor are CPS personnel trained as criminal investigators or trained to collect evidence or interrogate suspect offenders; it is therefore important that law enforcement and CPS communicate and coordinate their efforts during the course of the investigation. One coordinated investigation is always preferable to two separate investigations.

In fact, at least 30 states have either mandated or authorized implementation of multidisciplinary teams to investigate child maltreatment; the role of the police officer is to determine whether a crime has been committed and who is responsible. Accomplishing this involves analyzing old and new injuries revealed by an autopsy, by a review of the child's medical history, thoroughly investigating the death scene, collecting and examining evidence, interviewing witnesses, and interrogating suspects.

Page Ref: 232 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Difficult 421

2) You have been called to a case of a child death. You know there are certain steps you will need to take to ensure that you process the crime scene and are able to determine a cause of death. Determine what steps you will take in your investigative process.

Answer: Ensure that scale diagrams are made of the layout and that photographs, a video, or both are taken; consider as evidence prescription or over-the-counter medicine the child was taking or may have ingested; investigator may want to inventory the amount of baby food/formula present in malnutrition cases; documentation over who was the caretaker and if they abused alcohol/drugs; trash cans inside and out should be searched for possible evidence.

Page Ref: 232-233 Objective: Explain the role of Child Protective Services (CPS) and the police in crimes against children.

Level: Intermediate 3) You are a crimes against children detective and have just been called to the scene of a crime which appears to be a battered child. The child is alert, alive and has already been seen my medical staff. Identify and discuss the steps you will take in the investigation.

Answer: Collect information about the "acute" injury that led the person or agency to make the report; conduct interviews with medical personnel who are attending the child; review medical records form a doctor, clinic, or hospital; interview all persons who had access to or custody of the child during the time in which the injury or injuries allegedly occurred. Interviews should be conducted separately; consider any statements the caretakers made to anyone concerning what happened to the child to require medical attention; conduct a thorough investigation of the scene where the child was allegedly hurt.

Page Ref: 235-236 Objective: Describe the problems of battered child syndrome, shaken baby syndrome, Munchausen's syndrome by proxy, and sudden infant death syndrome.

Level: Intermediate 13.6 Critical Thinking Questions 1) Choose either Shaken Baby Syndrome (SBS) or Sudden Infant Death (SID) and complete additional research on the subject.

Answer: Answers will vary. The assignment is designed to provide the student with greater awareness of the changes, trends, legal issues, and programs available on the subject.

Page Ref: 237-238 Objective: Summarize the scope of the problem of child abuse.

Level: Difficult 2) Complete additional research on child exploitation and prepare a ten slide PowerPoint presentation to share with the class.

Answer: Answers will vary. The assignment is designed to provide the student with greater awareness of the changes, trends, legal issues, and programs available on the subject.

Page Ref: 242-244 Objective: Summarize the various problems associated with child exploitation.

Level: Difficult 422

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 14 Theft-Related Offenses 14.1 Multiple Choice Questions 1) Which of the following is an ACCURATE statement regarding the crime of burglary?

A) Nighttime burglaries are more common than daytime burglaries.

B) Burglars usually try to avoid confrontations during the commission of their act.

C) Burglary is as much a crime against people as it is a crime against property.

D) Burglars are rarely familiar with the preventive measures used by the resident.

Answer: B Page Ref: 250 Objective: Summarize the prevalence of burglary.

Level: Basic 2) Which of the following distinguishes burglary and robbery?

A) Burglars are more concerned with financial gain, whereas robbers are prepared for a violent altercation with the victim.

B) Burglars usually break into homes during the nighttime, whereas robbers usually attack during the day.

C) Burglary is considered a crime against persons, whereas robbery is considered a property crime.

D) Burglars are also known as plastic workers, whereas robbers are known as snitches.

Answer: A Page Ref: 250 Objective: Summarize the prevalence of burglary.

Level: Intermediate 3) Which of the following is NOT a classification of burglary?

A) Forcible entry B) Unlawful entry C) Weapon is present D) Attempted forcible entry Answer: C Page Ref: 251 Objective: Summarize the prevalence of burglary.

Level: Intermediate 4) Which of the following explains the term fungible goods?

A) Any circumstantial evidence that may be subject to deterioration B) Stolen property that's difficult to fence, like a well-known painting C) Untraceable goods such as tools, liquor, and clothing D) Stolen items in burglary cases that are sought after by children Answer: C Page Ref: 251 Objective: Explain the steps in the preliminary investigation of burglaries.

423

Level: Basic 5) Which of the following are examples of larceny?

I. Purse snatching II. Street mugging III. Breaking into coin machines IV. Bicycle stealing A) I, II, III, IV B) II, III, IV C) I, III, IV D) I, II, III Answer: C Page Ref: 253 Objective: Identify the problem of larceny-theft.

Level: Basic 6) Which of the following is an example of forgery?

A) Signing someone else's name to a check B) Replicating an art picture and passing it off as the original C) Creating a fake legal contract D) All of the above Answer: D Page Ref: 253 Objective: Explain the problem of identity theft.

Level: Basic 7) A firm's accountant makes a payment to a fictitious company for goods that were never received. She then endorses the check for payment and pockets the money. If she is caught, with which crime will she probably be charged?

A) Kiting B) Tagging C) Fraud D) Embezzlement Answer: D Page Ref: 256 Objective: Identify the problem of larceny-theft.

Level: Intermediate 8) How much money is lost each year to shoplifting?

A) $500,000 B) 1 million dollars C) 25 million dollars D) 16 billion dollars Answer: D Page Ref: 256 Objective: Identify the crime of shoplifting.

424

Level: Basic 9) A man uses two different banking institutions, and uses funds from one bank to cover checks drawn on another. Each time the bank pays out funds against the account balance, the man has been successful in cheating the bank out of its own funds. What is then name of this crime?

A) Check switching B) Bank floating C) Check scheming D) Check kiting Answer: D Page Ref: 256 Objective: Identify the problem of larceny-theft.

Level: Basic 10) John is an internal investigator for a large retail store. He is watching a customer near the cell phone display on a remote camera. John starts the recording and continues to watch as the customer cuts the security cable with pliers of some sort and conceals the phone in his coat pocket. John then follows the customer out of the store and notes that no attempt to pay for the phone was made by the customer. After stopping the man, John asks the customer/suspect if he has a receipt for the cell phone that he took. What type of investigation is John conducting?

A) A reactive shoplifting investigation B) A proactive shoplifting investigation C) A T-5 shoplifting program D) A combination shoplifting investigation Answer: B Page Ref: 257 Objective: Identify the crime of shoplifting.

Level: Intermediate 11) A group of four women are going from store to store, stealing clothing and other items for both personal use and for resale. The women have been doing this for over a year and they operate a typical "boosting" operation. What type of shoplifters are they?

A) Amateur B) Professional C) Group insiders D) Experienced Answer: B Page Ref: 257 Objective: Identify the crime of shoplifting.

Level: Basic

425

12) Which type of larceny involves obtaining credit, merchandise, or services by fraudulent personal representation?

A) Check kiting B) Retail theft C) Credit card fraud D) Identity theft Answer: D Page Ref: 258 Objective: Explain the problem of identity theft.

Level: Basic 13) Which jurisdiction investigates identity theft?

A) State and local police since it is solely a state crime B) Only the FBI since it is a federal crime C) Only federal agencies such as the U.S. Secret Service, the U.S. Postal Inspection Service, and the FBI D) State, local, and federal agencies since identity theft is a criminal act under both federal and most state laws Answer: D Page Ref: 259 Objective: Explain the problem of identity theft.

Level: Intermediate 14) Which statement below best reflects the amount of coordination that should occur between jurisdictions investigating identity theft?

A) The investigations should be independent to improve the continuity of victim support and to prevent the collapse of the investigation.

B) Agencies should readily coordinate the investigation and prosecution of such cases.

C) As crime rates increase, most investigations should be limited to local resources in order to allow federal resources to be spent on investigations on cases that exceed $250,000.

D) Each agency should decide on its one whether or not to coordinate an investigation with another agency or with an agency at the federal level.

Answer: B Page Ref: 259 Objective: Explain the problem of identity theft.

Level: Basic 15) What is "the destruction, theft or unauthorized use, modification, or copying of information, programs, services, and equipment or communication networks"?

A) Electronic crime B) Electronic tampering C) Cybercrime D) Cyber tampering Answer: C Page Ref: 260 Objective: Describe the problem of computer crime and how it is investigated.

426

Level: Basic 16) In which of the ways do computer crime investigations differ from traditional investigations?

A) The volume of evidence in computer crimes is burdensome.

B) Offenders can commit their crimes with ease.

C) Offenders can destroy evidence with ease.

D) All of the above Answer: D Page Ref: 260 Objective: Describe the problem of computer crime and how it is investigated.

Level: Basic 17) Which is NOT correct information about an automobile's VIN? A) An auto's VIN consists of 14 numbers, letters, and symbols unique to each vehicle.

B) An automobile's VIN will almost certainly reveal if the vehicle is properly registered.

C) All American-made automobiles since 1968 contain the VIN plate visible through the front, left windshield.

D) The VIN is assigned to the automobile by the manufacturer at the time of production.

Answer: A Page Ref: 261 Objective: Explain the investigation of motor vehicle theft.

Level: Basic 18) Which is the first step during the preliminary investigation of a stolen auto?

A) Examining theft claims filed with insurance companies B) Looking into rumors of a local stripping operation C) Stopping a suspicious looking driver for a traffic violation D) Checking out a report by the owner of the stolen vehicle Answer: D Page Ref: 263 Objective: Explain the investigation of motor vehicle theft.

Level: Basic 19) A car thief opens the door of an unlocked vehicle, removes the lock cap, and attaches a device that when turned removes the lock. He then starts the engine with a screwdriver. Which device has he used?

A) Slim jim B) Slam-puller C) Ignition extractor D) Slide hammer Answer: C Page Ref: 264 Objective: Explain the investigation of motor vehicle theft.

Level: Intermediate

427

20) What is the reason that there is a lower recovery rate for stolen motorcycles compared to vehicles?

A) There is less of a demand for stolen bike parts.

B) There are fewer bikes compared to cars.

C) Bike parts are can be altered or camouflaged more easily than car parts.

D) All of the above Answer: C Page Ref: 264 Objective: Explain the investigation of motor vehicle theft.

Level: Basic 21) This is a thin, easily obtainable piece of metal or aluminum that is notched at both ends used to enter locked vehicles. This tool enables easy entry by the thief, who slides the tool in the small crevice between the door and the door frame. After the lock is manipulated, the door is easily opened. What is this tool?

A) Slim Jim B) Slide hammer C) Ignition extractor D) Force tool Answer: A Page Ref: 264 Objective: Explain the steps in the preliminary investigation of burglaries.

Level: Basic 22) A man, Johnny Jones, watches as the entire family leaves their home in the morning for work and school. After everyone leaves, the man goes through the back yard and enters the home through a door that was left unlocked. The man steals $10,000 worth of collectable coins from the owner of the home. Based on the law in most jurisdictions, what crime was committed when Johnny Jones entered the home?

A) Trespassing B) Attempted theft C) Robbery D) Burglary Answer: D Page Ref: 251 Objective: Summarize the prevalence of burglary.

Level: Basic 23) What percentage of insurance claims are fraudulent?

A) 5 percent B) 10 percent C) 20 percent D) 35 percent Answer: B Page Ref: 265 Objective: Explain the investigation of motor vehicle theft.

428

Level: Basic 24) Which of the following could be considered a burglary tool?

A) Bolt cutters B) Lock picks C) Key blanks D) All of the above Answer: D Page Ref: 265 Objective: Summarize the prevalence of burglary.

Level: Basic 25) In June of 2011, Daniel Spitler pled guilty in federal court to doing what?

A) Creating a Trojan virus that infected thousands of computers B) Pulling the personal information of over 100,000 users of iPads C) Hacking into the FBI's databank D) Hacking into Harvard's computer system and changing his grades Answer: B Page Ref: 266 Objective: Describe the problem of computer crime and how it is investigated.

Level: Intermediate 14.2 True/False Questions 1) Most burglaries are committed by opportunists.

Answer: TRUE Page Ref: 250 Objective: Summarize the prevalence of burglary.

Level: Basic 2) The number of burglaries has declined from 2010 to 2014.

Answer: TRUE Page Ref: 250 Objective: Summarize the prevalence of burglary.

Level: Intermediate 3) The person who buys and sells stolen property with criminal intent is called a fence.

Answer: TRUE Page Ref: 250 Objective: Identify the problem of larceny-theft.

Level: Basic 4) Fungible goods are goods which are easily traced such as guns and cars.

Answer: FALSE Page Ref: 252 Objective: Describe the investigative process in tracing stolen property.

429

Level: Basic 5) According to the FBI, larceny-theft is the most commonly committed crime of personal gain.

Answer: TRUE Page Ref: 253 Objective: Identify the problem of larceny-theft.

Level: Basic 6) The most typical type of forgery is signing someone else's name to a check.

Answer: TRUE Page Ref: 255 Objective: Explain the problem of identity theft.

Level: Basic 7) The Nigerian Letter fraud is also called a "419" fraud because they typically asked for $419.00.

Answer: FALSE Page Ref: 255 Objective: Explain the problem of identity theft.

Level: Basic 8) Embezzlement is usually a low-profile crime and occurs over long periods of crime.

Answer: FALSE Page Ref: 256 Objective: Identify the problem of larceny-theft.

Level: Basic 9) Shoplifting results in an estimated $16 billion a year losses for businesses.

Answer: TRUE Page Ref: 256 Objective: Identify the crime of shoplifting.

Level: Basic 10) Only 28 percent of people who observed a shoplifting event reported it to store employees.

Answer: TRUE Page Ref: 257 Objective: Identify the crime of shoplifting.

Level: Basic 11) Shoulder surfing is a form of identity theft where a person steals someone's person information by hacking their online banking account.

Answer: FALSE Page Ref: 258 Objective: Explain the problem of identity theft.

Level: Basic

430

12) The investigation and prosecution of identity theft cases is dependent on the combined efforts of local, state and federal agencies.

Answer: TRUE Page Ref: 259 Objective: Explain the problem of identity theft.

Level: Basic 13) Cyberbullying can lead to a person committing suicide.

Answer: TRUE Page Ref: 259 Objective: Describe the problem of computer crime and how it is investigated.

Level: Basic 14) The vehicle identification number (VIN) on an automobile consists of 32 unique numbers to that vehicle.

Answer: FALSE Page Ref: 264 Objective: Explain the investigation of motor vehicle theft.

Level: Basic 15) A slim jim is a tool that is placed over the lock of an automobile and tapped after removal of the lock cap.

Answer: FALSE Page Ref: 264 Objective: Explain the investigation of motor vehicle theft.

Level: Basic 14.3 Fill in the Blank Questions 1) ________ is the entering of a structure for the purpose of committing a felony or theft therein.

Answer: Burglary Page Ref: 250 Objective: Summarize the prevalence of burglary.

Level: Difficult 2) The crime of ________ consists not so much of a forcible entry as it does the intent of the offender to trespass and steal.

Answer: Burglary Page Ref: 251 Objective: Summarize the prevalence of burglary.

Level: Intermediate 3) ________ goods are untraceable goods such as tools, liquor, and clothing.

Answer: Fungible Page Ref: 252 Objective: Describe the investigative process in tracing stolen property.

431

Level: Basic 4) ________ is defined as the unlawful taking or stealing of property without the use of force or violence.

Answer: Larceny Page Ref: 253 Objective: Identify the problem of larceny-theft.

Level: Intermediate 5) ________ buy and sell stolen property on a regular basis.

Answer: Fences Page Ref: 252 Objective: Identify the problem of larceny-theft.

Level: Basic 6) The crime of burglary is for the most part a(n) ________ crime.

Answer: Property Page Ref: 250 Objective: Explain the steps in the preliminary investigation of burglaries.

Level: Basic 7) Many people fear ________ burglary of their residence.

Answer: Nighttime Page Ref: 250 Objective: Summarize the prevalence of burglary.

Level: Intermediate 8) A fence is most vulnerable during the ________ and storage of stolen property.

Answer: Possession Page Ref: 252 Objective: Describe the investigative process in tracing stolen property.

Level: Intermediate 9) Poorly kept ________ make it difficult to trace property.

Answer: Records Page Ref: 252 Objective: Describe the investigative process in tracing stolen property.

Level: Basic 10) Forgery and ________ account for a large number of white-collar felony dispositions.

Answer: Fraud Page Ref: 253 Objective: Explain the problem of identity theft.

Level: Intermediate

432

14.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Retail goods B) Items that are indistinguishable from other like items C) Person seeks information by exploiting weaknesses in computer systems D) Financial gain E) Uncollected funds F) Informants G) Crime during the night involving unlawful entry H) Fraudulent personal representation I) Low-profile crime J) Person who buys and sells stolen property 1) Burglary Page Ref: n/a Objective: n/a Level: Intermediate 2) Property crime Page Ref: n/a Objective: n/a Level: Intermediate 3) Check kiting Page Ref: n/a Objective: n/a Level: Intermediate 4) Embezzlement Page Ref: n/a Objective: n/a Level: Intermediate 5) Shoplifting Page Ref: n/a Objective: n/a Level: Intermediate 6) Snitches Page Ref: n/a Objective: n/a Level: Intermediate

433

7) Identity theft Page Ref: n/a Objective: n/a Level: Intermediate 8) Fence Page Ref: n/a Objective: n/a Level: Intermediate 9) Fungible goods Page Ref: n/a Objective: n/a Level: Intermediate 10) Hacker Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) G 2) D 3) E 4) I 5) A 6) F 7) H 8) J 9) B 10) C 14.5 Essay Questions 1) Explain the distinction between the crimes of burglary and robbery, which are commonly confused.

Answer: Burglary is considered a property crime in which the thief seeks to steal while avoiding direct contact with people during commission of the crime. In addition, locations of burglaries are usually unoccupied homes or businesses where no witnesses are present; the crime of robbery is quite different. Here, the suspect chooses to confront his or her victim and uses force or the threat of force against that person. During commercial robberies, the location may be where witnesses are present. Robbery is therefore classified as a crime against persons.

Page Ref: 250-251 Objective: Explain the steps in the preliminary investigation of burglaries.

Level: Intermediate 2) Identify and name the techniques which should be used by the first responding officer to investigate the crime of burglary.

Answer: Determine the point of entry, check to see if a window or door was forced open, ask what type of tool was used, determine if there are tool marks, ask if there is evidence of lock picks, look for footprints, tire tracks, and so on, look for other trace evidence such as cigarette butts, hair, fibers, pieces of broken tools and so on, sketch the crime scene, interview victims and witnesses, make a list of property which was removed from the crime scene and finally, make a list of all persons at the crime scene.

Page Ref: 251-252 Objective: Explain the steps in the preliminary investigation of burglaries.

434

Level: Intermediate 3) Identify and discuss the ways in which a house can be an attractive target for a burglar.

Answer: Inside lights remain off at night, indicating no one is home; newspapers collect on driveway or yard; area around the home is not properly lighted; shrubs are not trimmed; house keys are located around the home; windows or doors are left unlocked; no vehicles located in the driveway or in front of the home.

Page Ref: 251 Objective: Summarize the prevalence of burglary.

Level: Intermediate 14.6 Critical Thinking Questions 1) You are currently working for a police department and are the community resource officer.

You go to community meetings to help homeowner's understand how to better protect their homes from burglary. Discuss what items and suggestions you would make to the homeowner regarding what to do and what burglars look for when selecting their targets.

Answer: Answers will vary, but can include: looking for lights that remain off at night indicating no one is home, newspapers left in the driveway or yard, having the area around the home that is not properly lighted, shrubs that are not trimmed, house keys left outside the home (under doormats), windows or doors that are unlocked, and no vehicles located in the driveway.

Page Ref: 250-252 Objective: Summarize the prevalence of burglary.

Level: Intermediate 2) You are a police community resource officer and have been asked to attend a community wide meeting where you will discuss crime prevention towards victims of check fraud. Before you go, you must prepare for what areas of discussion you would mention in an effort to deter this crime from occurring. List these items.

Answer: Answers will vary, but can include: not giving your checking account number to people you do not know, revealing checking account information only to businesses you know are reputable, guarding your checkbook, reporting lost or stolen checks immediately, properly storing and disposing of canceled checks, reporting an y inquiries of suspicious behavior to your bankers, not leaving your ATM receipt at the ATM and disposing of those receipts safely and securely.

Page Ref: 253-256 Objective: Identify the problem of larceny-theft.

Level: Intermediate 3) Recent news headlines have brought the attention to the hacking of computer systems involving large corporations. Research a recent example of this and summarize your findings.

Answer: Answers will vary. Some examples could be Sony, Chick-fil-A, Target, Staples, Kmart, Dairy Queen. This assignment can lend to an opportunity to share findings with classmates and open up a class discussion or discussion thread.

Page Ref: 259-261 Objective: Describe the problem of computer crime and how it is investigated.

435

Level: Difficult 4) The FBI maintains data on motor vehicle theft. Visit their website and write an outline on the most recent findings and compare the changes to that list in the textbook.

Answer: Answers will vary based on the information the student obtained.

Page Ref: 261-265 Objective: Explain the investigation of motor vehicle theft.

Level: Difficult

436

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 15 Arson and Bombings 15.1 Multiple Choice Questions 1) What is the reason and that arson is generally considered a low-priority crime?

A) It is time-consuming and difficult to investigate.

B) Few arson cases lead to arrests, and fewer than 20 percent of arrests result in conviction.

C) Arson used to be classified as a property crime.

D) All of the above Answer: D Page Ref: 271 Objective: Summarize the scope of the problem of arson.

Level: Basic 2) Arsonists often leave behind a "paper trail" which might include: A) Financial records B) Little or no inventory C) Excessive debts D) All of the above Answer: D Page Ref: 272 Objective: Explain the techniques of an arson investigation.

Level: Basic 3) Sean Larson is an arson investigator. Which of the following should be his first step when investigating a possible arson?

A) Question witnesses for possible suspects B) Interview the owner's insurance representative C) Locate the point of origin for the fire D) Find accelerants at the scene of the fire Answer: C Page Ref: 271 Objective: Explain the techniques of an arson investigation.

Level: Basic 4) Which of the following is NOT one of the roles of a firefighter?

A) To extinguish the fire B) To investigate the origin of the fire C) To detect the possibility of arson D) To investigate arson Answer: D Page Ref: 272 Objective: Describe the relationship between police and fire investigators.

Level: Basic

437

5) The investigator must: A) Prove a specific fire did occur B) Show the fire was ignited deliberately C) Connect the suspect with the crime scene, regardless of motive D) All of the above Answer: D Page Ref: 271 Objective: Describe the relationship between police and fire investigators.

Level: Basic 6) Which technique for detecting accelerants in fire debris involves taking solid debris from the suspected point of origin of the fire and heating the vial it is contained it?

A) Decelerating microposity B) Headspace gas chromatography C) Chemical separation analysis D) Gas separation analysis Answer: B Page Ref: 273 Objective: Explain the techniques of an arson investigation.

Level: Basic 7) Which physical evidence in a fire indicates burning a petroleum base?

A) White smoke B) Green-purple smoke C) Black smoke D) Blue-orange smoke Answer: C Page Ref: 274 Objective: Explain the techniques of an arson investigation.

Level: Basic 8) Which physical evidence in a fire indicates burning vegetable matter?

A) White smoke B) Green-purple smoke C) Black smoke D) Blue-orange smoke Answer: A Page Ref: 274 Objective: Explain the techniques of an arson investigation.

Level: Basic

438

9) Which are examples of materials that are used to make "trailers"?

I. Gasoline II. Newspapers III. Alcohol A) I, II B) II, III C) I, II, III D) I, III Answer: D Page Ref: 274 Objective: Explain the techniques of an arson investigation.

Level: Basic 10) Which physical evidence in a fire indicates burning alcohol?

A) White smoke B) Green-purple flames C) Black smoke D) Blue-orange flames Answer: D Page Ref: 274 Objective: Explain the techniques of an arson investigation.

Level: Basic 11) Which of the following motives for arson accounts for fifty percent of all arsons in the United States?

A) Pyromania B) Profit C) Crime concealment D) Revenge Answer: B Page Ref: 275 Objective: Summarize the scope of the problem of arson.

Level: Basic 12) Type of evidence in arson includes: A) Evidence of incendiary origin B) Evidence of motive C) Linkage evidence D) All of above Answer: D Page Ref: 274 Objective: Explain the techniques of an arson investigation.

Level: Basic

439

13) Which of the following is NOT evidence of planning or pre-knowledge of arson?

A) Removing items of value from the crime scene before a fire B) Increasing insurance coverage before the fire C) Remodeling the structure before the fire D) Making unusual changes in business practices before the fire Answer: C Page Ref: 275 Objective: Explain the official definition of the crime of arson.

Level: Basic 14) Sam has set three fires at separate locations with no cooling off period between the fires.

Which label best fits Sam? A) Mass arsonist B) Pyromaniac C) Spree arsonist D) Serial arsonist Answer: C Page Ref: 276 Objective: Explain the techniques of an arson investigation.

Level: Basic 15) Sam has set three fires at the same location. Which label best fits Sam? A) Mass arsonist B) Pyromaniac C) Spree arsonist D) Serial arsonist Answer: A Page Ref: 276 Objective: Explain the techniques of an arson investigation.

Level: Basic 16) Sam has set three fires at separate locations over the period of six months. Which label best fits Sam? A) Mass arsonist B) Pyromaniac C) Spree arsonist D) Serial arsonist Answer: D Page Ref: 276 Objective: Explain the techniques of an arson investigation.

Level: Basic

440

17) Which characteristics describe the typical firesetter?

I. White male II. Late teens III. High intelligence IV. Middle to high income level A) I, II, III, IV B) III, IV C) II, III, IV D) I, II Answer: D Page Ref: 276 Objective: Explain the techniques of an arson investigation.

Level: Basic 18) Which is NOT considered part of the fire triangle?

A) Oxygen B) Combustion C) Fuel D) Heat Answer: B Page Ref: 276 Objective: Summarize the scope of the problem of arson.

Level: Basic 19) The Milwaukee Fire Department is fighting a three alarm fire of an occupied warehouse full of workers, clothing, and industrial machinery. During the operation, several firefighters observe that a strange gasoline smell is present on the lower floor and trailers seem to be present. What is the PRIMARY role of the firefighters now?

A) To protect any criminal evidence B) To extinguish the fire C) To investigate arson D) To collect evidence before it is destroyed by fire Answer: B Page Ref: 272 Objective: Explain the techniques of an arson investigation.

Level: Intermediate

441

20) A garage fire has been put out by the fire department. Gas vapors have been detected by the fire department by their "sniffer" and there is evidence of hydrocarbon accelerants. Who is legally responsible for investigating WHO committed the crime?

A) The fire department B) The insurance company C) The police department D) All of the above have a statutory obligation to investigate the crime and who is responsible.

Answer: C Page Ref: 272 Objective: Explain the techniques of an arson investigation.

Level: Intermediate 21) The fire department has extinguished a residential fire where a 72-year-old woman was killed. Why are firefighters attempting to determine the point of origin?

A) To reconstruct how the firefighting operation was conducted to rule out any wrong doing on behalf of the fire department B) To locate the origin of the water that was used to extinguish the fire in order to learn of better ways to fight fires in the future to avoid fatalities C) To help determine if the fire was organic or post-organic D) To assist in making a determination of arson, natural, or accidental causes Answer: D Page Ref: 272 Objective: Explain the techniques of an arson investigation.

Level: Intermediate 22) The caller reported black smoke and some flames were visible near the garage. Firefighters have arrived at scene, a single family dwelling, within five minutes of the call. Now, the structure is fully engulfed in flames at both ends. The fire is spreading very rapidly. Thick, black smoke is still clearly visible but quickly changes to white and brown smoke. The caller is found at the scene and is interviewed by the police. He again reported black smoke when the fire first started and that the fire rapidly progressed from the garage. Based on the facts above, what is the likelihood that the fire was caused by arson?

A) The fire is most likely accidental.

B) The fire may be arson based on the color of the smoke and the rapid progression.

C) The fire is possibly accidental or stems from structural defect due to electrical malfunction based on the color of smoke and the rapid progression.

D) The facts cannot lead a person to any conclusions.

Answer: B Page Ref: 274 Objective: Explain the techniques of an arson investigation.

Level: Difficult

442

23) A fire has been extinguished by the fire department. The structure is an eight-family apartment building that has suffered extensive damage to over 80% of the building. There was one fatality as a direct result of the fire and several firefighters were injured. The firefighters are still on the scene and have located the origin of the fire. Generally speaking, what is the role of the fire department from this point forward?

A) None. Once the fire is extinguished, their role is officially complete.

B) To "detect" the possibility of arson but not to investigate arson C) To investigate who started the fire D) Clean up the fire scene to include the removal of debris from the site Answer: B Page Ref: 272 Objective: Explain the techniques of an arson investigation.

Level: Intermediate 24) What is the role of the insurance industry during fire investigations?

A) Providing local investigators with financial audits and income tax returns of potential suspects B) Providing heavy machinery for aid in processing the crime scene C) Bringing in experts in arson investigations D) Any or all of the above Answer: D Page Ref: 276 Objective: Describe the relationship between police and fire investigators.

Level: Basic 25) What is NOT true regarding the crime of bombing?

A) When trip wires are located, both ends of the wire should be checked.

B) No containers should be opened without a thorough examination.

C) A backup officer should always accompany the office approaching a suspected booby trap.

D) Wires that appear to be electric should not be cut.

Answer: C Page Ref: 278 Objective: Explain how to investigate bombs and bombers.

Level: Basic 26) What should you NOT do when a bomb is located?

A) Identify the danger area and create a clear zone of 300 feet B) Evacuate the building C) Evacuate buildings within a one mile radius D) Open all doors and windows Answer: C Page Ref: 278 Objective: Explain how to investigate bombs and bombers.

Level: Basic

443

15.2 True/False Questions 1) The United States has one of the highest fire death rates in the industrialized world.

Answer: TRUE Page Ref: 271 Objective: Summarize the scope of the problem of arson.

Level: Basic 2) Of the people arrested for arson, 80 percent are convicted.

Answer: FALSE Page Ref: 271 Objective: Summarize the scope of the problem of arson.

Level: Basic 3) The largest percentage of arson offenses involves structures such as residential, storage, and commercial.

Answer: TRUE Page Ref: 271 Objective: Summarize the scope of the problem of arson.

Level: Basic 4) The role of the firefighter is to determine who committed the arson.

Answer: FALSE Page Ref: 272 Objective: Describe the relationship between police and fire investigators.

Level: Basic 5) The first step in an arson investigation is to determine the point of origin.

Answer: TRUE Page Ref: 272 Objective: Explain the techniques of an arson investigation.

Level: Basic 6) The "plants" refers to the materials used to spread the fire.

Answer: FALSE Page Ref: 274 Objective: Explain the techniques of an arson investigation.

Level: Basic 7) Trailers refer to the preparations used to set the fire.

Answer: FALSE Page Ref: 274 Objective: Explain the techniques of an arson investigation.

Level: Basic

444

8) The color of the flame of the fire is important in the early phases of a fire.

Answer: TRUE Page Ref: 274 Objective: Explain the techniques of an arson investigation.

Level: Basic 9) Smoke can be of value in determining how the fire originated.

Answer: FALSE Page Ref: 274 Objective: Explain the techniques of an arson investigation.

Level: Basic 10) Arson for vandalism accounts for the largest percentage of all arsons.

Answer: FALSE Page Ref: 275 Objective: Summarize the scope of the problem of arson.

Level: Basic 11) Juveniles cause 95 percent of arsons for vandalism.

Answer: TRUE Page Ref: 275 Objective: Summarize the scope of the problem of arson.

Level: Basic 12) A spree arsonist sets fires at three or more fires at the same location.

Answer: FALSE Page Ref: 276 Objective: Explain the techniques of an arson investigation.

Level: Basic 13) A person who calls in a bomb threat often wants to create an atmosphere of anxiety and panic that will in turn disrupt normal activities.

Answer: TRUE Page Ref: 278 Objective: Explain how to investigate bombs and bombers.

Level: Intermediate 14) Only one officer at a time should approach the suspected booby trap.

Answer: TRUE Page Ref: 278 Objective: Explain how to investigate bombs and bombers.

Level: Basic

445

15) When a bomb is located, all buildings in a one-half mile radius should be evacuated.

Answer: FALSE Page Ref: 278 Objective: Explain how to investigate bombs and bombers.

Level: Basic 15.3 Fill in the Blank Questions 1) Fires determined through investigation to have been willfully or maliciously set are classified as ________.

Answer: Arsons Page Ref: 272 Objective: Explain the official definition of the crime of arson.

Level: Basic 2) The ________ of the fire often ends up being the perpetrator of the crime.

Answer: Victim Page Ref: 272 Objective: Summarize the scope of the problem of arson.

Level: Intermediate 3) ________ is the obsessive impulse to set fires or a preference for arson as an instrument of damage and there is not a practical reason for the fire, and they receive no material profit from their incendiarism.

Answer: Pyromania Page Ref: 275 Objective: Explain the official definition of the crime of arson.

Level: Intermediate 4) Evidence of separate and distinct fires in different areas, the odor of petroleum, and holes in walls to aid in the spread of the fire, are all indicators that the fire was of ________ origin.

Answer: Incendiary Page Ref: 272 Objective: Explain the official definition of the crime of arson.

Level: Difficult 5) The fire setter will often use flammable liquids so the fire will burn vigorously after being ignited. These flammable liquids are called ________.

Answer: Accelerants Page Ref: 273 Objective: Explain the techniques of an arson investigation.

Level: Basic

446

6) ________ are often used to spread fires from a point of ignition and can be considered a secondary incendiary device, carrying the fire from the original place of ignition to other parts of the room or building.

Answer: Trailers Page Ref: 274 Objective: Explain the techniques of an arson investigation.

Level: Intermediate 7) Only on officer at a time should approach a suspected explosive ________ trap.

Answer: Booby Page Ref: 278 Objective: Explain how to investigate bombs and bombers.

Level: Basic 8) Because paper is an excellent preservative of latent fingerprints, all materials of a(n) ________ bomb threats should be saved.

Answer: Written Page Ref: 278 Objective: Explain how to investigate bombs and bombers.

Level: Intermediate 9) Under no circumstances should officers attempt to move, jar, or ________ a suspicious object or anything attached to it.

Answer: Touch Page Ref: 278 Objective: Explain how to investigate bombs and bombers.

Level: Intermediate 10) When a bomb is found, you should identify the danger area and block it off with a clear zone of at least ________ feet.

Answer: 300 Page Ref: 279 Objective: Explain how to investigate bombs and bombers.

Level: Intermediate

447

15.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Spread fire B) Physical characteristics of fire C) Origination of fire D) Pattern of crevices E) Smell F) Fire needs to burn G) Shows motive H) Preparations to set fire I) Set three or more fires at separate locations J) Set three or more fires at the same location 1) Paper trail Page Ref: n/a Objective: n/a Level: Intermediate 2) Point of origin Page Ref: n/a Objective: n/a Level: Intermediate 3) Span of the fire Page Ref: n/a Objective: n/a Level: Intermediate 4) Plants Page Ref: n/a Objective: n/a Level: Intermediate 5) Trailers Page Ref: n/a Objective: n/a Level: Intermediate 6) Alligatoring Page Ref: n/a Objective: n/a Level: Intermediate

448

7) Olfactory Page Ref: n/a Objective: n/a Level: Intermediate 8) Fire triangle Page Ref: n/a Objective: n/a Level: Intermediate 9) Mass arsonist Page Ref: n/a Objective: n/a Level: Intermediate 10) Spree arsonist Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) G 2) C 3) B 4) H 5) A 6) D 7) E 8) F 9) J 10) I 15.5 Essay Questions 1) Explain the importance of identifying the point of origin during an arson investigation.

Answer: It is vitally important to identify the point at which the fire originated because it is here that most of the physical evidence can be located indicating a fire of incendiary nature.

Identifying the point of origin is the first step in an arson investigation, and this may be the most critical phase of the investigation because it includes the ruling out of natural or accidental causes. It may also help determine when the fire started.

Page Ref: 272 Objective: Explain the techniques of an arson investigation.

Level: Intermediate 2) When a bomb is located, there are four steps which should occur in that location. Discuss all four of these instructions.

Answer: Identify the danger area and block it off with a clear zone of at least 300 feet, including floors below an above the object; be sure that all doors and windows are open to minimize primary damage from the blast and secondary damage from fragmentation; evacuate the building; do not permit reentry into the building until the device has been removed or disarmed and the building is declared safe for reentry.

Page Ref: 278-279 Objective: Explain how to investigate bombs and bombers.

Level: Intermediate

449

3) List and discuss the three types of evidence located at an arson crime scene.

Answer: Evidence of incendiary origin—basic types of evidence in this category are physical evidence, expert evidence of burn patterns and fire characteristics, and negative corpus evidence; evidence of motive—a distinction can be made between evidence of a general hostility and specific hostility; evidence linking a suspect to the commission of an arson—direct linkage is clearly preferable to circumstantial linkage.

Page Ref: 274 Objective: Explain the techniques of an arson investigation.

Level: Intermediate 15.6 Critical Thinking Questions 1) You are currently working at a corporate law firm and you have been having issues with a client who is being charged with the crime of arson. The client is very upset with you and calls you one day threating you and stating that she has placed a bomb in your building. Discuss what steps you will take upon receiving the threat.

Answer: Keep the caller on the line as long as possible, ask her to repeat her message and recover every word spoken by the caller, ask her the location of the bomb and time of detonation, inform the caller the building is occupied and the detonation of the bomb could kill or injure innocent people, pay attention to any background noise to obtain clues of their location, listen closely to the voice, voice quality, accents and speech impediments and inform the police of this call immediately and without delay.

Page Ref: 278-279 Objective: Explain how to investigate bombs and bombers.

Level: Intermediate 2) You have just located a bomb inside of your work building. Discuss and identify what immediate actions you will take.

Answer: Identify the danger area and block it off with a clear zone of at least 300 feet, including floors below an above the object; be sure that all doors and windows are open to minimize primary damage from the blast and secondary damage from fragmentation; evacuate the building; do not permit reentry into the building until the device has been removed or disarmed and the building is declared safe for reentry.

Page Ref: 278-279 Objective: Explain how to investigate bombs and bombers.

Level: Intermediate 3) There is need to clarify the roles between firefighters and police officers when investigating a possible arson case. Provide some suggestions as to changes that could be made in policy and procedure to reduce or prohibit role conflicts.

Answer: Answers will vary. Responses should address the understanding that often firefighters are not trained in criminal investigation, but rather mostly trained in stopping the fire, and determining the origin.

Page Ref: 272-273 Objective: Describe the relationship between police and fire investigators.

Level: Difficult 450

Criminal Investigation (Justice Series), 3e (Lyman) Chapter 16 Terrorism and National Security Crimes 16.1 Multiple Choice Questions 1) The definition of terrorism according to the federal Foreign Relations Authorization Act does NOT include which of the following?

A) Premeditated B) Politically motivated C) Resulting in death and destruction D) Committed against noncombatants targets Answer: C Page Ref: 285 Objective: Define terrorism.

Level: Basic 2) Groups that have practiced terrorism include which of the following?

A) Right and left wing political parties B) Nationalistic groups C) Religious groups D) All of the above Answer: D Page Ref: 285 Objective: Describe who terrorists are.

Level: Basic 3) "Violent acts or acts that are a danger to human life that are a violation of the criminal law of the United States or any state or that would be a criminal violation if committed within the jurisdiction of the United States or any state" is defined as ________ by the FBI. A) Domestic terrorism B) International terrorism C) State sponsored terrorism D) Criminal terrorism Answer: B Page Ref: 285 Objective: Describe the various forms of terrorism.

Level: Basic 4) An example of a large terrorist organization is: A) The Palestine Liberation Front B) The Abu Nidal Organization C) The Earth Liberation Front D) Both A and B Answer: D Page Ref: 286 Objective: Describe who terrorists are.

451

Level: Basic 5) One definition of terrorism that combines several key elements was developed at the George C. Marshall Center for European Security Studies by Carsten Bockstette. In part it says: "Terrorism is defined as political violence in an asymmetrical conflict that is designed to induce terror and psychic fear (sometimes indiscriminate) through the violent victimization… Such acts are meant to send a message from an illicit clandestine organization…"

What is another common and distinctive element of a terrorist act that Blockstette and many others include?

A) The specific selection of civilians as direct targets B) Governmental legitimacy of actions and actors, including individuals and small groups C) Non-violent nature of organizations that resort to violent acts when absolutely necessary and no other means of negotiation or media attention will suffice D) All of the above are common and distinctive elements to most definitions of terrorism.

Answer: A Page Ref: 286 Objective: Define terrorism.

Level: Basic 6) ________ terrorism is characterized by activity that supports the interests of an ethic or nationalistic group, regardless of its political ideology.

A) Criminal B) Ideological C) Nationalistic D) State-sponsored Answer: C Page Ref: 287 Objective: Describe the various forms of terrorism.

Level: Basic 7) ________ terrorism is normally an effort to change the current political power.

A) Criminal B) Ideological C) Nationalistic D) State-sponsored Answer: B Page Ref: 287 Objective: Describe the various forms of terrorism.

Level: Basic

452

8) ________ terrorism involves the use of terror for profit or psychological gain.

A) Criminal B) Ideological C) Nationalistic D) State-sponsored Answer: A Page Ref: 287 Objective: Describe the various forms of terrorism.

Level: Basic 9) The ________ prohibits transactions with terrorists.

A) Omnibus Counterterrorism Act of 1995 B) USA Patriot Act C) Homeland Security Act of 2002 D) SAFETY Act of 2002 Answer: A Page Ref: 287 Objective: Describe the tactics used to destabilize terrorist organizations.

Level: Basic 10) The ________ little known and often misunderstood piece of legislation that can protect an entity from the truly enterprise threatening" liability it could face following a terrorist event.

A) Omnibus Counterterrorism Act of 1995 B) USA Patriot Act C) Homeland Security Act of 2002 D) SAFETY Act of 2002 Answer: D Page Ref: 287 Objective: Describe the tactics used to destabilize terrorist organizations.

Level: Basic 11) The ________ provisions include roving wiretaps, searches of business records and conducting surveillance of "lone wolves."

A) Omnibus Counterterrorism Act of 1995 B) USA Patriot Act C) Homeland Security Act of 2002 D) SAFETY Act of 2002 Answer: B Page Ref: 287 Objective: Describe the tactics used to destabilize terrorist organizations.

Level: Basic

453

12) The ________ created the Department of Homeland Security.

A) Omnibus Counterterrorism Act of 1995 B) USA Patriot Act C) Homeland Security Act of 2002 D) SAFETY Act of 2002 Answer: C Page Ref: 287 Objective: Describe the tactics used to destabilize terrorist organizations.

Level: Basic 13) Iran, Libya and Syria are examples of what kind of terrorism?

A) Revolutionary B) Ideological C) Nationalistic D) State-sponsored Answer: D Page Ref: 287 Objective: Describe the various forms of terrorism.

Level: Basic 14) A commonly used tactic by revolutionary terrorist is: A) Kidnappings B) Bombings C) Assassinations D) All of the above Answer: D Page Ref: 288 Objective: Describe the various forms of terrorism.

Level: Basic 15) Islamic terrorism has its roots in Islamism, a set of ideologies holding that Islam is not only a religion but also a political system and that modern Muslims must return to their roots of their religion and unite politically. Which statement below correctly describes the majority of the followers of Islam?

A) Most of the world's Islamists are members of Al-Qaeda, which has attacked civilian and military targets in various countries, the most notable being the infamous September 11 attacks in 2001.

B) Most endorse the enforcement of sharia (Islamic law); of pan-Islamic political unity; and of the elimination of non-Muslim, particularly Western, military, economic, political, social, or cultural influences in the Muslim world, which they believe to be incompatible with Islam.

C) Most Islamists hold beliefs that include a Christian–Jewish alliance is conspiring to destroy Islam and that the killing of bystanders and civilians is Islamically justified in jihad.

D) The overwhelming majority of Islamists have little or nothing to do with terror.

Answer: D Page Ref: 290 Objective: Describe who terrorists are.

454

Level: Intermediate 16) An example of a chemical weapon attack is: A) Industrial chlorine containers in IED attacks in Iraq B) Sarin gas Tokyo subway attacks C) Bombing of Marine Barracks in Iraq D) Both A and B Answer: D Page Ref: 292 Objective: Identify notable terrorist incidents.

Level: Basic 17) Anthrax attacks are considered ________ terrorism.

A) Chemical B) Biological C) Radiological D) Nuclear Answer: B Page Ref: 292 Objective: Identify current threats of mass destruction.

Level: Basic 18) Under the USA PATRIOT Act, domestic terrorism does NOT include: A) Involved acts dangerous to human life that are a violation of the criminal laws of the United States or of any state B) Occurs primarily within the territorial jurisdiction of the United States C) Appears to be intended to intimidate or coerce a civilian population or government D) Acted out by a citizen of the United States Answer: D Page Ref: 293 Objective: Describe the various forms of terrorism.

Level: Basic 19) Domestic terrorist organizations include all but which of the following?

A) Black Liberation Army B) Animal Liberation Front C) The Ku Klux Klan D) Al-Qaeda Answer: D Page Ref: 294 Objective: Explain the problem of international terrorism.

Level: Basic

455

20) The Internet has allowed terrorist groups to disseminate information and spread globally in what form of radicalization components?

A) Grievance B) Ideology C) Mobilization D) All of the above Answer: D Page Ref: 295 Objective: Explain the problem of self-radicalized terrorism.

Level: Basic 21) Discontent serves as the prerequisite of the radicalization process. Issues driving this attitude toward individuals in the West include: A) Perceived persecution of Muslims throughout the world B) A sense of uprootedness C) A general search for identity D) All of the above Answer: D Page Ref: 296 Objective: Explain the problem of self-radicalized terrorism.

Level: Basic 22) On September 24, 2001, President Bush issued Executive Order 13244 which blocks property and prohibiting transactions with persons who commit, threaten to commit or support terrorism. This includes: A) Protecting charities from terrorist abuse B) Regulating hawalas C) Controlling bulk cash smuggling D) All of the above Answer: D Page Ref: 297 Objective: Describe the tactics used to destabilize terrorist organizations.

Level: Basic 16.2 True/False Questions 1) The most controversial of the participants in a terrorist act is usually the victim.

Answer: TRUE Page Ref: 284 Objective: Define terrorism.

Level: Basic 2) Terrorism can be carried out by either left wing or right wing political parties.

Answer: TRUE Page Ref: 285 Objective: Describe who terrorists are.

456

Level: Basic 3) Terrorism is closely associated with the word guerilla, which can be defined as "little war."

Answer: TRUE Page Ref: 285 Objective: Define terrorism.

Level: Basic 4) Terrorists deliberately attempt to target noncombatants.

Answer: TRUE Page Ref: 286 Objective: Describe who terrorists are.

Level: Basic 5) Some terrorists pretend to be noncombatants, hide among such noncombatants and are in "disguise."

Answer: TRUE Page Ref: 286 Objective: Describe who terrorists are.

Level: Basic 6) Criminal terrorism is normally an effort to change the current political power.

Answer: FALSE Page Ref: 287 Objective: Describe the various forms of terrorism.

Level: Basic 7) Fidel Castro's successful takeover of the Cuban government from the Batista regime during the late 1950s is an example of state-sponsored terrorism.

Answer: FALSE Page Ref: 288 Objective: Describe the various forms of terrorism.

Level: Basic 8) Islamic terrorism has its roots in Islamism, a set of ideologies holding that Islam is not only a religion but also a political system.

Answer: TRUE Page Ref: 290 Objective: Define terrorism.

Level: Basic 9) The AQAP attempted over a dozen U.S. based attacks between 2009 and 2011.

Answer: FALSE Page Ref: 290 Objective: Identify notable terrorist incidents.

Level: Basic 457

458

10) Industrial chlorine is an example of a possible biological weapon.

Answer: FALSE Page Ref: 292 Objective: Identify current threats of mass destruction.

Level: Basic 11) Anthrax is an example of a possible chemical weapon.

Answer: FALSE Page Ref: 292 Objective: Identify current threats of mass destruction.

Level: Basic 12) An example of radiological warfare is a dirty bomb.

Answer: TRUE Page Ref: 292 Objective: Identify current threats of mass destruction.

Level: Basic 13) Discontent appears to serve as the prerequisite of the radicalization process.

Answer: TRUE Page Ref: 295 Objective: Describe who terrorists are.

Level: Basic 14) The Internet has assisted with mobilizing extremists from all over the world.

Answer: TRUE Page Ref: 296 Objective: Describe who terrorists are.

Level: Basic 15) The most visible and immediately effective tactic of U.S. terrorist financing strategy has been designating and blocking the accounts of those associated with financing terrorist activity.

Answer: TRUE Page Ref: 297 Objective: Describe the tactics used to destabilize terrorist organizations.

Level: Basic 16.3 Fill in the Blank Questions 1) ________ agents include choking gases, blister agents, and nerve agents.

Answer: Chemical Page Ref: 292 Objective: Identify current threats of mass destruction.

Level: Intermediate

459

2) An act of terrorism is said to be politically ________.

Answer: Motivated Page Ref: 284 Objective: Define terrorism.

Level: Basic 3) Acts of terrorism are designed to shock and ________ as well as being outside war conventions.

Answer: Stun Page Ref: 284 Objective: Define terrorism.

Level: Basic 4) Something that many acts of terrorism have in common is a political ________.

Answer: Purpose Page Ref: 286 Objective: Define terrorism.

Level: Basic 5) ________ terrorism involves the use of terror for profit and psychological gain.

Answer: Criminal Page Ref: 287 Objective: Describe the various forms of terrorism.

Level: Intermediate 6) The ________ attacks marked the first successful act of international terrorism in the United States since the vehicle bombing of the World Trade Center in February 1993.

Answer: 9/11 Page Ref: 288 Objective: Identify notable terrorist incidents.

Level: Basic 7) ________ is the deliberate dispersal of pathogens through food, air, water, or living organisms to cause disease.

Answer: Bioterrorism Page Ref: 292 Objective: Describe the various forms of terrorism.

Level: Intermediate 8) Radiological dispersal devices are also called ________ bombs.

Answer: Dirty Page Ref: 292 Objective: Describe the various forms of terrorism.

Level: Intermediate

460

9) Under the USA ________ Act, domestic terrorism involves acts dangerous to human life that are a violation of the criminal laws of the United States or of any state.

Answer: Patriot Page Ref: 293 Objective: Describe the various forms of terrorism.

Level: Basic 10) The ________ Defense League was declared for the purpose of the protections of Jews from harassment and anti-Semitism.

Answer: Jewish Page Ref: 294 Objective: Describe who terrorists are.

Level: Difficult

461

16.4 Matching Questions Match up the terminology in the left column to the definitions in the right column.

A) Dirty bomb B) Sunni Islamic extremists C) Chemical warfare D) Goal of attack E) Anthrax F) Premeditated G) Form of terrorism H) Nuclear chain reaction I) Ideology of religion J) World Trade Center 1) Terrorism Page Ref: n/a Objective: n/a Level: Intermediate 2) Shock and stun Page Ref: n/a Objective: n/a Level: Intermediate 3) Nationalist Page Ref: n/a Objective: n/a Level: Intermediate 4) International Terrorism Page Ref: n/a Objective: n/a Level: Intermediate 5) Al-Qaeda Page Ref: n/a Objective: n/a Level: Intermediate 6) Islamism Page Ref: n/a Objective: n/a Level: Intermediate

462

7) Mass destruction Page Ref: n/a Objective: n/a Level: Intermediate 8) Radiological dispersal device Page Ref: n/a Objective: n/a Level: Intermediate 9) Fissile material Page Ref: n/a Objective: n/a Level: Intermediate 10) Bioterrorism Page Ref: n/a Objective: n/a Level: Intermediate Answers: 1) F 2) D 3) G 4) J 5) B 6) I 7) C 8) A 9) H 10) E 16.5 Essay Questions 1) You are a police officer and newly assigned to the homeland security division of your agency.

You are required to teach a class regarding the various types of weapons of mass destruction.

You are currently writing your curriculum to discuss the four major types. List and describe what types of WMD you will discuss.

Answer: Chemical: toxic industrial chemicals, chlorine containers; biological: pathogens through food, air, water or living organisms to cause disease; radiological: materials are used in industrial, medical and research applications; nuclear: need access to special nuclear materials as well as engineering and scientific expertise.

Page Ref: 292-293 Objective: Identify current threats of mass destruction.

Level: Intermediate 2) Discuss the term terrorism as it is defined by the federal Foreign Relations Authorization Act in its four elements. Further discuss the purpose of terrorism as defined by those who commit this act.

Answer: The term terrorism has four key elements: premeditated, political motivation, violence, and committed against noncombatant targets. There is an understanding that the acts of terrorism is designed to shock and stun people and are outside warfare conventions.

Page Ref: 284-285 Objective: Define terrorism.

Level: Intermediate

463

3) Discuss several ways to destabilize terrorist organizations.

Answer: The most visible and immediate means to destabilize terrorist organization is by blocking their financial access. This can be done by protecting charities, regulating hawalas, controlling smuggling, and investigating trade-based terrorist financing. Additional ways may also be included.

Page Ref: 297-299 Objective: Describe the tactics used to destabilize terrorist organizations.

Level: Intermediate 16.6 Critical Thinking Questions 1) You have been asked to teach a class on domestic terrorism. In this class you must discuss the various organizations that are known to be terrorist organizations and provide their main purpose. Discuss the information you will provide to this class you are teaching.

Answer: Ku Klux Klan: white-supremacist organization, antisemitic, anti-Catholic agenda; the Weathermen: overthrow the government organization, change U.S. policy after Vietnam; The Jewish Defense League: protection of Jews from harassment and anti-Semitism; the Symbionese Liberation Army: radical-left "urban guerilla warfare group"; Army of God: individuals and groups connected to ideological affinity and the determination to use violence to end the legal practice of abortion in the U.S.; Animal Liberation Front: animal liberation activists who engage in direct action tactics on behalf of animals; Earth Liberation Front: group associated with environmental extremism and advocates direct action against alleged high polluters; Black Liberation Army: sought to overthrow the U.S. government in the name of separatism and Marxist ideals.

Page Ref: 293-294 Objective: Explain the problem of domestic terrorism.

Level: Difficult 2) Find an example of a self-radicalized terrorist attack from outside research. Summarize the event and determine what the offender's grievance was, what their ideology was, and what their mobilization was.

Answer: Answers will vary. These examples may be presented to the class and open up a discussion.

Page Ref: 294-295 Objective: Explain the problem of self-radicalized terrorism.

Level: Intermediate

464