Foundations Of Criminal Investigation
Foundations of CriminalInvestigation“Our current system of criminalinvestigation is a direct result of what wehave learned and what we have inheritedfrom the past.”1234567Source: Arthur Turner/AlamyB 70920 ch01 ptg10 hr.4c.indd 1Explain the history of criminal investigation.Identify how research affects criminal investigation.Discuss the objectives of criminal investigation.Distinguish the difference between inductive anddeductive reasoning.Explain the expanding role of the patrol officer as criminalinvestigator.Discuss the solvability factors in a criminal investigation.Describe the preliminary investigation process.11/5/12 4:09 PM
INTROCAN MURDER BE JUSTIFIED?In March 2006, Mary Carol Winkler, the wife of aminister in a small Tennessee town, shot her husband of ten years, Matthew Winkler, in the back witha 12-guage shotgun while he slept. Throughout theensuing trial, Winkler, along with family and friends,claimed that her husband had mistreated her andthat the mistreatment had inspired the shooting. OnApril 20, 2007, Winkler was convicted of voluntarymanslaughter.After the shooting, Winklerwas arrested in Orange Beach,Alabama, where she had fledwith her three young daughters,and extradited to Tennessee.There, a grand jury indictedher on charges of first-degreemurder.When Winkler took the standin her own defense two daysbefore her conviction, she toldthe jury of her alleged abuse at the hands of her husband, with whom she had frequent arguments. She saidthat the shooting was an accident and that she hadactually been trying to reconcile with her husband at thetime of the murder. She also claimed that although thegun had discharged, she could not remember havingpulled the trigger. She explained her flight to Alabamaby saying that she had been trying to get away from herangry husband.The law recognizes that undersome circumstances therecan be justification for the taking ofa life. When investigating a homicidethat—according to the suspect—isjustified, what investigative resourcesshould be considered beyond thoseof law enforcement?DISCUSSThe study of criminal investigation involves probing severaldifferent fields at once, and is therefore a difficult task aboutwhich to write. For example, it is important for an investigator tounderstand the basic techniques of collection and preservation ofevidence, but to do so, a fundamental understanding of criminalistics or forensic science is often required. In addition to technicalWinkler was ultimately convictedof voluntary manslaughter andsentenced on June 8, 2007, to210 days in prison, 5 months ofwhich she had already served.She spent some time in aTennessee mental health facilityand then served the remainderof her sentence on probation.Eventually, she was awardedcustody of her children.competence, modern-day investigators must be well versed inthe law. Legal skills include a working knowledge of criminal law,constitutional law, and rules of evidence, all of which are essential for successful prosecution of a criminal case. This chapter isdesigned to give the reader the underlying essentials of this fieldof policing, which is both rewarding and challenging. The History of Criminal InvestigationThe roots of America’s system of criminal investigation goback to the towns and cities in England during the eighteenthand nineteenth centuries. The ensuing crime wave forced lawenforcement officials to take drastic measures. As a result, thiefcatchers were recruited from the riffraff of the streets to aid lawenforcement officials in locating criminals. Two classes of thiefcatchers were identified: (1) hirelings, whose motivations weremercenary in nature; and (2) social climbers, who would implicate their accomplices in order to move up the social ladder.In England, the first police worked only at night and wereoriginally called the Watch of London. They soon developedinto the Old Charleys, who were paid by the residents theyserved. These parish constables originated in London in 1253and lasted until 1829.Criminal Investigation in EnglandThe Bow Street RunnersDuring the 1750s, crimes such as burglary and street robbery were rampant in England. Fielding took on the challenge of reducing the profits realized by criminals. Working2Chapter 1B 70920 ch01 ptg10 hr.4c.indd 2relationships were established with local business owners,in particular pawnbrokers, who were provided with listsof stolen property. Fielding encouraged them to contacthim if any stolen property came to their attention. Fieldingtook seriously his new duty as crime fighter and promptlyemployed new crime-fighting methods. One such methodwas the appointment of a handful of parish constablesacclimated to night watchman duties. These trackers soonbegan performing criminal investigation functions andbecame well known as successful thief takers by usingtheir ties with London’s criminal underworld. Originallycalled “Mr. Fielding’s People,” they soon became known asthe Bow Street Runners, the first well-known investigative body in England. Fielding’s runners were not paid aspolice officers but rather in terms of thief-taker rewards, apercentage of all fines resulting from successful prosecutionof thieves.The Bow Street Runners were forerunners of a trend inpolicing for specialization within the police force. In fact, by1800, the Bow Street Police Office was considered by many tobe the leading law enforcement organization in the area.Foundations of Criminal Investigation1/5/12 4:09 PM
The London Metropolitan PoliceThe great watershed in British police development occurred in1829 with the establishment of the London Metropolitan PoliceDepartment. Officers of the department were dubbed bobbiesafter the department’s founder, Home Secretary Sir Robert Peel.The “new” police were England’s first paid, full-time policeforce, consisting of about 1,000 uniformed officers. In addition, they replaced the old constables, such as the Bow StreetRunners, who had ultimately gained a reputation of incompetency and inefficiency. Indeed, the bobbies were required tomeet rigid standards of professionalism. Minimum standardsincluded minimum weight and height requirements and standards of literacy and character.Technology in crime detection began to flourish during thenineteenth century with the creation of a personal identificationsystem by Alphonse Bertillon, the director of the criminal identification section of the Paris Police Department. The Bertillon systemwas based on the idea that certain aspects of the human body, suchas skeletal size, ear shaping, and eye color, remained the same aftera person had reached full physical maturity. It used a combinationof photographs with standardized physical measurements.In the mid-1840s, the study of fingerprint patterns becamea popular means to identify suspects in crime. Although theuse of fingerprints is commonplace today, it wasn’t until thelate nineteenth century that it was learned that a person’s fingerprints could act as a unique, unchangeable method of personal identification. Such discoveries have been credited to theEnglishmen William J. Herschel and Henry Fields, who wereworking in Asia at the time.The Creation of Scotland YardFor many people, much misunderstanding has existed about thefunction and role of Scotland Yard. Some believe that it representsa single police authority in Great Britain. In fact, it is the headquarters of London’s Metropolitan Police and has never exertedany authority over other police organizations in Great Britain.Although London’s Metropolitan Police was founded in 1829,it took more than 10 years to organize a detective branch. Eventhen, however, “the Yard” was only a small division within thedepartment. The strength of the force was increased in 1867 afteran incident in which an explosion occurred when a small groupof Irishmen were trying to free a prisoner from the ClerkenwellHouse of Detention. Several citizens were killed. A decade later,another reorganization occurred when several senior detectives ofScotland Yard were convicted of corruption charges.Criminal Investigation in AmericaAs the American frontier moved westward during the nineteenthcentury, outlaws posed serious problems in newly settled areas.Mining camps and cattle towns seemed to experience more violence than other areas. The movement west had moved men andwomen far from the institutions that had served them previously.Law enforcement agencies and criminal courts, if present at all,1870By the 1870s, almostall major U.S. cities hadmunicipal police departments.made only minor strides in protecting the vast areas under theirjurisdictions. Indeed, it was inthese areas that criminals couldeasily hide and witnesses wouldoften move away, making detection and apprehension of criminals a discouraging task.Following the lead ofLondon’s police force, the firstprofessional police forces wereestablished in the United Statesat Boston in 1837, New York in1844, and Philadelphia in 1854.By the 1870s, almost allmajor U.S. cities had municipal police departments. As inEngland, criminal investigation by public law enforcementwas viewed as politically hazardous because it favored onlythose who could pay. But therapid growth of cities producedviolence, crime, and vice activities that demonstrated a breakdown of social order in smallcommunities. Growing incidents of mob violence betweenProtestants and Catholics, immigrants and Native Americans,and abolitionists and pro-slaverygroups were probably the mostcrucial catalysts for expandedpolice functions.The Pinkerton NationalDetective AgencyLEARNING Explain theOUTCOMES history of criminal1investigation.GLOSSARYthief catchers People recruitedfrom the riffraff of the streetsto aid law enforcement officialsin locating criminals during theEuropean Industrial Revolution.Old Charleys The first policeworked only at night and wereoriginally called the Watch ofLondon. They were paid by theresidents they served.Bow Street Runners A group ofEnglish crime fighters formed byHenry Fielding during the eighteenth century.bobbies The name of LondonMetropolitan Police Departmentofficers; they were named thisafter the department’s founder,Home Secretary Sir Robert Peel.Bertillon system An early criminal identification or classificationsystem based on the idea thatcertain aspects of the humanbody, such as skeletal size, earshape, and eye color remainedthe same after a person hadreached full physical maturity.This system used a combinationof photographs with standardizedphysical measurements.Pinkerton’s National Detective Scotland Yard One of the firstAgency, founded in 1850 by criminal investigative bodiesScottish immigrant Allanoriginally formed in England in thePinkerton, was the first organi- mid-nineteenth century.zation of its type in the Unitedrogues’ gallery A compilationStates. In fact, its organizational of descriptions, methods ofstructure was later adopted operation, hiding places, and theby the Federal Bureau ofnames of associates of knownInvestigation (FBI). The Pinker- criminals in the 1850s.ton Agency was called on bycommunities to handle casesthat local law enforcement officers were unable to investigatedue to incompetency or limited resources. Pinkerton offered thefield of criminal investigation several innovations in crime detection. For example, he was the first to devise a rogues’ gallery,which was a compilation of descriptions, methods of operation,hiding places, and names of associates of known criminals.The Creation of the FBIProbably the single most significant development in criminalinvestigation in the United States was the establishment of theFBI in 1924. Originating as the Justice Department’s Bureau ofThe History of Criminal InvestigationB 70920 ch01 ptg10 hr.4c.indd 331/5/12 4:09 PM
TIMELINEHistory of Criminal Investigationth12531829Old CharleysLondon Metropolitian Policeth18 –19 centuries1837Thief catchersBoston Police Departmentestablished1750s1839Bow Street RunnersScotland Yard1840sStudy of fingerprintpatterns18421844New York Police DepartmentThe seeds of modern forensic science were sown in the lastquarter of the nineteenth century. Progress from that timehas been slow but steady. The American Academy of ForensicSciences (AAFS), a professional organization of forensic scientists in America, was established in 1948. Specific areas ofexpertise of AAFS members include pathology and biology,toxicology, criminalistics, questioned documents, and forensicodontology and anthropology.In addition to the development of fingerprinting as an aidto criminal detection, several other forensic advances wereeither being developed or had already been placed into serviceby the late nineteenth century. Historic strides in criminalinvestigation included study in serology, forensic dentistry,and ballistics. For example, research into human blood wasvastly expanded during the early twentieth century by PaulUhlenhuth, a German physician. Uhlenhuth’s work createdserums that enabled one to distinguish one species of animalblood from another. Consequently, serology was a procedurethat was established to study human blood stains and distinguish them from the blood of most other animals.DISCUSS If you are interested in any of the career fields discussed in thischapter, is your interest more in field investigative processesas a criminal investigator or those that take place in a laboratory asa criminalist? To what extent have you given thought to the fields ofbiology and chemistry to further a career in forensic science?B 70920 ch01 ptg10 hr.4c.indd 4Source: DjordjeRadivojevic/Shutterstock.comSource: Courtesy ofPinkerton’s Archives The Increase of Research andScience in Crime DetectionChapter 1Pinkerton NationalDetective AgencyBertillon SystemInvestigation in 1907, the FBI originally had very few responsibilities. When new federal laws governing interstate transportation ofstolen automobiles were passed, however, the bureau gained muchnotoriety. John 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 thequalifications of agent personnel, reduced the number of agentsnationwide, and closed some field offices. Today, the FBI is one ofmany federal investigative agencies that has made great strides inprofessionalizing the field of criminal investigation.418501924Creation of the FBIForensic pathology isa branch of pathology conLEARNING Identify how researchcerned with determining theOUTCOMES affects criminalcause of death by examinationinvestigation.of a corpse. The pathologist,at the request of a coroner or GLOSSARYmedical examiner, performs serology The scientific analysisthe autopsy usually during of blood.the investigation of criminalcases and civil suite cases insome jurisdictions. Forensicpathologists are also frequently asked to confirm the identityof a corpse.The forensic pathologist is a medical doctor who hascompleted training in anatomical pathology and who hassubsequently subspecialized in forensic pathology. Forensicpathologists perform autopsies/postmortem examinations todetermine the cause of death. The autopsy report contains anopinion about the following:2 The pathologic process, injury, or disease that directlyresulted in or initiated a series of events that lead to aperson’s death (also called mechanism of death), suchas a bullet wound to the head, exsanguinations due to astab wound, manual or ligature strangulation, myocardialinfarction due to coronary artery disease, and so onThe “manner of death”—the circumstances surroundingthe cause of death—which in most jurisdictions include thefollowing: HomicideAccidentalNaturalSuicideUndeterminedThe autopsy is also an opportunity for other issues raised by thedeath to be addressed, such as the collection of trace evidenceor determining the identity of the deceased. Pathologists also, Examine and document wounds and injuries, both atautopsy and occasionally in a clinical setting.Foundations of Criminal Investigation1/5/12 4:09 PM
A CLOSER LOOKModern Fields of Forensic ScienceThe area of forensic science has grown considerably over the last150 years and more so since the mid-1980s. Here are examples offields of forensic science that may be of interest to future criminalinvestigators: Forensic accounting is the study and interpretation of accountingevidence. Forensic anthropology is the application of physical anthropologyin a legal setting, usually for the recovery and identification ofskeletonized human remains. Forensic archaeology is the application of a combination ofarchaeological techniques and forensic science, typically in lawenforcement. Forensic astronomy uses methods from astronomy to determinepast celestial constellations for forensic purposes. Forensic botany is the study of plant life in order to gain information regarding possible crimes. Forensic chemistry is the study of detection and identification ofillicit drugs, accelerants used in arson cases, and explosive andgunshot residue (GSR). Computational forensics concerns the development of algorithmsand software to assist forensic examination. Criminalistics is the application of various sciences to answerquestions relating to examination and comparison of biologicalevidence, trace evidence, impression evidence (such as fingerprints, footwear impressions and tire tracks), controlled substances, ballistics, firearm and toolmark examination, and otherevidence in criminal investigations. In typical circumstances,evidence is processed in a crime laboratory. Forensic engineering is the scientific examination and analysis ofstructures and products relating to their failure or cause of damage. Forensic entomology deals with the examination of insects in,on, and around human remains to assist in the determination oftime or location of death. It is also possible to determine if thebody was moved after death. Forensic geology deals with trace evidence in the form of soils,minerals, and petroleum. Forensic limnology is the analysis of evidence collected fromcrime scenes in or around fresh water sources. Examination ofbiological organisms, in particular, diatoms can be useful inconnecting suspects with victims. Forensic linguistics deals with issues in the legal system thatrequire linguistic expertise. Forensic meteorology is a site-specific analysis of past weatherconditions for a point of loss. Forensic odontology is the study of the uniqueness of dentitionbetter known as the study of teeth. Forensic optometry is the study of glasses and other eye wearrelating to crime scenes and criminal investigations. Forensic pathology is a field in which the principles of medicineand pathology are applied to determine a cause of death orinjury in the context of a legal inquiry. Forensic psychology is the study of the mind of an individual,using forensic methods. Usually it determines the circumstancesbehind a criminal’s behavior. Forensic seismology is the study of techniques to distinguishthe seismic signals generated by underground nuclear explosions from those generated by earthquakes. Forensic dactyloscopy is the study of fingerprints. Forensic serology is the study of the body fluids. Digital forensics is the application of proven scientific methods andtechniques in order to recover data from electronic/digital media.Digital forensic specialists work in the field as well as in the lab. Forensic toxicology is the study of the effect of drugs and poisons on/in the human body. Forensic document examination or questioned document examination answers questions about a disputed document using avariety of scientific processes and methods. Many examinationsinvolve a comparison of the questioned document, or componentsof the document, to a set of known standards. The most commontype of examination involves handwriting wherein the examinertries to address concerns about potential authorship. Mobile device forensics is the scientif
Describe the preliminary investigation process. 7 Discuss the solvability factors in a criminal investigation. 6 Explain the expanding role of the patrol officer as criminal 5 investigator. Distinguish the difference between inductive and 4 deductive reasoning. Discuss the objectives of criminal investigation. 3
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This Transition Guide outlines many of the changes and new content in the Fifth Edition. Use this guide for an easy transition to the new edition. The ideal text for undergraduate criminal investigation courses, Criminal Investigation, Fifth Edition integrates criminal investigation with forensic science and legal foundations. It provides
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Compare criminal law and criminal procedure. This book focuses on. criminal law. 2, but it occasionally touches on issues of. criminal procedure. 3, so it is important to differentiate between the two. Criminal law generally defines the. rights. and. obligations. of individuals in society. S
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