CJ 235-Alley Exam 1

--French citizens had been repressed under centralized policing.

--In England there was fear that the use of “police spies” (detectives in plain clothes) would reduce civil liberties.

--In 1833 a Sergeant Popay was dismissed from the London Metropolitan Police because he infiltrated a radical group, acquired a leadership position, and advocated violence.

--50 years (roughly 1850-1900)

--Were the only consistently competent detectives available in America and provided a good model for gov't. detectives

--Operated on variety of fronts:

• Protecting Lincoln
• Operating intelligence for Union Army
• Pursuing bank and railroad robbers
• Creating extensive criminal records

--Pinkerton's ^TM was an open eye above the slogan, "We never sleep"

• Gave rise to term, "private eye"

--A rogues’ gallery consists of photographs of known offenders

--Arranged by:

• Criminal specialty
• Height

--Both understood the importance of:

• Information
• Criminal records
• Publicity favorable to their efforts.
  

--written in 1893 by Hans Gross

--The first major book describing: the application of scientific disciplines to criminal investigation.

--Translated into English in 1906 under the title of "Criminal Investigation"

--It remains highly respected today as a seminal work in the field

--Anthropometry developed by Alphonse Bertillon

--As a means of personal identification which rested on a system of body measurements.

--Based on idea that "every human differs from every other one in the exact measurements of their body, and that the sum of these meas

1. (1^st century) Roman lawyer Quintilianus used a bloody fingerprint to successfully defend a child accused of murder.     -->
   
2. (8^th century) used on contracts in China (also in 14^th century Persia and 17^th century England, thought to awe people into keeping agreements, no individual identification by fingerprints possible at the time).     -->
3. (1684) England’s Dr. Grew called attention to systems of pores in ridges in hands and feet.

16. (1906) Faurot obtained the theft conviction of “James Jones” by the use of fingerprints.

--->

17. (1917) Argentine government seized all of Vucetich's records and forbade him to do further work

• Because: strong protests in Buenos Aires against wide-spread fingerprint registration

--1917, the Argentine government seized all of Vucetich’s records and forbade him to do further work from protests for fingerprinting

--1925 Vucetich died a disappointed man

--Henry was what was then the world's most prestigious police organization and huge support of his country

--Vucetich's loss of support in his country + Henry's success = Henry classification system would become adopted virtually world-wide

1. Blood
2. Tissue
3. spermatozoa
4. bone marrow
5. tooth pulp
6. hair root cells.
   

--1985, research by Alec Jeffreys and his colleagues at Leicester University, England led to the discovery that portions of the DNA structure of certain genes are unique to individuals, as are fingerprints.

--First case in which “genetic fingerprinting” was applied to plant evidence in a criminal case.

1. (1835) Henry Goddard (one of the last of the Bow Street Runners) made the first successful attempt to identify a murder from a bullet recovered from the victim’s body.

• At the home of a suspect, Goddard seized a bulled mold with a defect in it corresponding to a mark on the recovered bullet.

--A criminal investigator must know the rules of evidence because upon that person’s shoulders falls the responsibility to collect and preserve evidence that will be useful to the prosecutor in presenting the state’s case in court. The investigator must be able to distinguish between factual material which will be admissible in court and that which is worthless as evidence.

--is anything that logically tends to prove or disprove a fact at issue in a judicial case or controversy. Anything that might have the slightest bearing on the outcome of a case can broadly be classified as evidence.

--is the combination of all the facts; all the evidence used in determining guilt or innocence of one accused of a crime.

deals with the verbalization of facts, in court, of which witnesses have knowledge.

is the essence of the rules of evidence that protect the trier of fact from hearing or seeing improper evidence that may be unreliable or untrustworthy and that may prejudice the case unjustifiably against the defendant.

deals with the nature of the evidence and determines whether it has a bearing on the issues in the case being tried.

concerns the significance or importance of relevant evidence and determines whether such evidence might have a bearing on the outcome of the case.

relates to the legal significance of evidence to the case and whether, in accordance with the rules of evidence, it is appropriately allowed to be heard or seen by the jury.

is a determination as to whether witnesses are legally permitted to testify about information they possess. By law, certain individuals may not be permitted to testify because of factors such as age, physical or emotional condition, or relationship with other parties involved in the case.

is a most important consideration and deals with the believability of the evidence as determined by the trier of fact. Weight then equates with believability and is determined by the persuasiveness of the individual delivering the evidence and the substance of the evidence itself.

a combination of all the elements of a crime.

refers to the testimony of witnesses that ties the defendant directly to the commission of the crime, such as the testimony of an eyewitness who can positively state that the defendant committed the crime.

or physical evidence is connected with the commission of the crime and can be produced in court.

does not acknowledge all the facts surrounding the crime necessary to constitute guilt but does admit to certain facts or circumstances from which guilt may be inferred by the jury.

is an acknowledgement by a person accused of a crime that he or she is guilty of that crime. To constitute a confession, the admission of guilt must apply to all the elements of the crime and exclude any reasonable doubt about the possibility of innocence.

or illustrative evidence refers to maps, diagrams, sketches, photographs, tape recordings, videotapes, X-rays, and visual tests and demonstrations produced to assist witnesses in explaining their testimony.  

a written order commanding the person named to appear in court at a specified date and time to testify.

commands the individual to bring certain records or documents in his or her possession

--The burden of proof is the responsibility of the prosecution in all cases.

• The requirement is placed on the prosecution to establish the guilt of the defendant beyond and to the exclusion of every reasonable doubt.

--An evidentiary shortcut and is designed to keep the jury from hearing evidence unrelated or unimportant to its decision-making function.

-- Thus, designed to speed up the trial and eliminate the necessity of formally proving the truth of a particular matter when that truth is not in dispute.

--Judicial notice is proof without evidence; matters that are ascertainable as true by reference to common authoritative sources.

-prohibits testimony from being given in court that repeats what the witness heard others say without knowing the truth of the out-of-court assertion.

-necessary to keep information that cannot have its reliability or trustworthiness tested in court from being used for or against a defendant .jury is assured that the evidence it does hear and see is reliable and trustworthy, and they need to weigh such evidence in determining how much of it to believe. 6th Amendment

ensuring justice and the pressure of public expectations require that certain exceptions be allowed to the hearsay rule, provided the reliability and trustworthiness of such evidence can be established to the highest degree possible within the rules set down by the courts. To insure justice, the exceptions to the hearsay rule have evolved.

The philosophy underlying the existence of evidentiary privileges is a simple one that has evolved from common law and from statutory enactments. The philosophy simply says that it is more important to protect relationships between certain individuals, such as husband / wife (Social Evidentiary Privilege) or attorney / client (Professional Evidentiary Privilege), than it is to compel the testimony of one against another in order to secure the conviction of an individual criminal.

is a declaration concerning the facts and circumstances of the fatal injury made by the victim of a homicide who is about to die, expects to die, and does not hope to recover is admissible as an exception to the hearsay rule. The theory is that a person about to die has no reason to lie.  

the commission of an act prohibited, or the omission of an act required, by the penal code of an organized political state.

an act usually punishable by incarceration for a term of one or more years in a penitentiary or by death.

lesser offenses often punishable by a fine of not more than $500 and/or imprisonment of not more than one year.

not punishable by any term of incarceration, but are instead typically punished by a fine not to exceed $250. In Kentucky, illustratively, the charge “criminal littering” is a violation.

1. To establish that, in fact, a crime was committed;

2. To identify and apprehend the suspect;

3. To recover stolen property; and

4. To assist the state in prosecuting the party charged with the offense

1. Self-discipline;

2. Knowledge of and use of legally accepted methods;

3. Patience and thoroughness;

4. Objectivity and freedom from preconceived notions;

5. Ethical standards of conduct;

6. Keen decision-making capabilities;

7. Sensitivity and compassion; and openness to learning from others,

involves examination of particular evidence and the use of information derived from it as a basis from formulating a unifying and internally consistent explanation of the event

begins with the formulation of an explanation of the crime which is then tested against the available information.

--The actions taken at the crime scene immediately following the detection and reporting of the crime constitute the preliminary investigation

1. When needed, medical services should immediately be requested;

2. Determination of whether an offense was committed and its specific type;

3. Protection of the crime scene;

4. Separation of witnesses, gathering of verbal statement, and placement of pick-up orders;

5. Case documentation and evidence gathering;

6. Preparation of offense report and crime scene sketch; and

7. Placement of supplemental pick-up orders.

the effort expended by the police in gathering information subsequent to the initiation of the original report until the case is ready for prosecution.

1. Reading the offense report to be familiar with it
2. View all evidence taken with the offense
3. Effecting liaison with the officer initiating the report
4. Evaluating the legal significance of statements, evidence, and lab findings
5. Employing specialized techniques such as physical or electronic surveillance and polygraph exams
6. Identifying, locating, and arresting suspects
7. Conducting an in-custody interrogation in conformity with legal requirements
8. recover stolen property

9. Liason with pros. attorney

an investigation as successful when the perpetrator is arrested, property is recovered, and the person charged subsequently plead guilty or is convicted.

success occurs when the offense is accorded the classification of being exceptionally cleared (the accused is known to the police, but the complainant refuses to testify or prosecute) or when the perpetrator has been arrested and there is sufficient evidence to file a formal charge.

success must rest on the knowledge that regardless of what outcome prevails, the case was vigorously pursued and all avenues leading to clearance covered.

there is something to be found

• Coordination ( overall management of the scene)

• Technical services ( processing the scene for physical evidence)

• Investigative services ( interview, interrogation, canvas, etc)

• Dictates that every available piece of evidence must be obtained and where there is a question as to whether a particular item constitutes evidence, it should be defined as such. – assume everything is evidence unless told otherwise.

• Corpus delicti evidence- an example of which would be the distinct set of elements necessary to prove the crime of burglary

• Associative evidence – such as the possession of a robbery victim’s wallet by the suspect

• Tracing evidence – an example of which would be where the perpetrator used his own car in an offense and its license plate number was taken down by a witness

• Boundary determination

• Choice of search patterns

• Instruction of personnel

• Coordination

• Termination of the search
  

refers to the small evidence that is often, but not exclusively, microscopic in size ( hair, semen, fibers, drugs, paint chips, soil, blood)

• Bluemaxx

• Polilight

• Omnichrome

• Luma-lite

• These light sources causes many types of trace evidence to fluoresce or glow. UV means “beyond violet”. When a crime scene is flooded with UV light, hard to locate evidence such as footprints and fingerprints, body fluids, and metal fragments, becomes visible.

• HBV & HIV are blood borne

• Spiral

• Strip

• Grid ( the most methodical & thorough)

• Pie or Wheel

• Zone

• prevents the loss or unauthorization release of evidence
• establishes & maintains the continuous chain of custody
• establishes custodial responsibility for evidence
• lists, identifies and indicated the location of items
• requires a supervisor’s approval before evidence is released
• Identifies who evidence is released
• indicated the reasons surrounding any release of evidence
• Provides proof of authorization for release

this technique involves measuring the distance of an object from 2 fixed points. The base line may be drawn as the mathematical center of a room

the method is useful in an outdoor situation where there are no easily identifiable edges of fields or roads for use as baseline. Two or more widely separated reference points are located and the evidence is measured along a straight line from each point.

this method is useful when the items of interest are on or in the walls or in an enclosed space. The walls, windows, and doors in a cross – projections sketch are drawn as though the walls had been folded flat in the floor.

• Compuscence – which is more specifically intended for crime scene sketching

• Autosketch – which is general drafting program

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*

“The 4^th amendment protects against unreasonable searches and the surpeme court has concluded that warrantless searches, even if probable cause is present, 'are per se unreasonable'” (Katz vs. United States. 1967).

1. Probable Cause and exigent circumstances- are situations where immediate action is necessary. If the officer takes the time to get a warrant, evidence will be destroyed, life could be lost, or the suspect could escape.

2. Stop & Frisk- Allowed solely for officer and bystander safety. A pat down for weapons.

3. Search Incident to Arrest- The thorough search of the suspect and their immediate area conducted contemporaneous to the arrest.

is that part of science applied to answering legal questions. It is the examination, evaluation, and explanation of physical evidence in law.

The criminal investigator must know and understand the importance of properly collecting and handling evidence so that it may be adequately preserved and processed

deals with the study of physical evidence related to a crime. From such a study, a crime may be reconstructed. Criminalistics is interdisciplinary in nature, drawing upon mathematics, physics, chemistry, and biology.*

Quality is largely judged on the existence or nonexistence of a variety of factors, including quality of specimens or samples submitted for examination, evidence collecting procedures, capabilities and qualifications of laboratory and investigative personnel, budgetary considerations, and availability and use of technology.

Proximity of laboratory facilities to the field investigator will dictate, to a large extent the utilization of those facilities

timeliness of analyses as related to continuing investigations and court case schedules also contribute to the measure of the effectiveness of crime laboratories. “How long”

-a nonprofit professional society of more than 400 crime laboratory directors, managers, and supervisors around the world.

-ASCLD/LAB is the crime laboratory accreditation program which a crime laboratory may participate in to demonstrate:

• its management
• operations
• personnel
• procedures
• instruments
• physical plant
• security
• personnel safety procedures meet certain standards.
  

--Nuclear DNA:

• is found in the nucleus
• a product of the person’s mother and father

• is found in the body of the cell
• is inherited only from the mother.
  

Developed by FBI

Used in the national, state, and local index-system networks to link typing results from unresolved crimes with cases in multiple jurisdictions or persons convicted of offenses specified in the data-banking laws passed by the jurisdictions.

--allows a computer to digitize up to 90 separate minutia points and compare the print with all other prints in the computer file.

--The system has produced, in minutes, confirmed matches which, after years or decades of manually trying, were not successfully identified.

--Order the fingerprint and than do a physical match to confirm.

--Slight misleading so has to be proven by expert.

--explosives

--arson

--firearms trafficking.