Criminal Investigation Unit 2 Lecture Criminal Investigation: A Method for Reconstructing the Past 5 th edition By James W. Osterburg and Richard H

Criminal Investigation Unit 2 Lecture

Criminal Investigation: A Method for Reconstructing the Past5th edition

By James W. Osterburg and Richard H. Ward

Copyright © 2007Matthew Bender & Company, Inc., a member of the LexisNexis GroupNewark, NJ

877-374-2919

(Osterburg & Ward, 2007)(Osterburg & Ward, 2007, p. 45)(Osterburg & Ward, 2007, pp. 45-46)

Osterburg, J. W., & Ward, R. H. (2007). Criminal Investigation: A Method For Reconstructing The Past (Fifth ed.). Newark, NJ: Matthew Bender & Company.

Grade Book Comments

Grade Book Comments

Discussion Board Rubric

Quizzes All of the answers are in your text Take your time Use your Text There is no reason not to earn a 100% on the

quiz The quiz is untimed, you may retake the quiz

Enter How to Create a PowerPoint in “Youtube” http://www.youtube.com/

Possible OutlineSlide 1- Title Slide (Your information, the name

of your project)

Slide 2- Various types of evidence and how it is collected (p. 41)

1. (Type of evidence, Give example of collection)

2. …

3….

4….

5….

Slide 3- How Evidence is Examined

1….

2…

3…

Possible OutlineSlide 4- Information Derived from Evidence 1… 2… 3… Slide 5- Contamination of Evidence 1… 2… 3…Slide 6- Additional relevant information

1. (You decide)Slide 7- Conclusion

1. 2. 3.

Types of Evidence

Fingerprints- Latent, Visible, Plastic Bullets and Cartridges-Comparison

Microscope Handwriting- Typewriting, Printing Shoe Impressions- Castings used for

Comparison Tool impressions- Hammer, Screwdriver,

Jimmy, Cutting DevicesOsterburg & Ward, 2007, p. 41

Tool Impressions

You could add any additional information or explanation here.

Examples Methods of Collection

Examination Information Contamination Issues

Examples: (What made the impression, the tool itself)

Hammer etc.

How would you collect package transport and store these pieces of evidence?

How would you examine this type of evidence?

What information would this evidence provide?

How might this evidence be contaminated or compromised?

Example- Addressing all required aspects of a type of evidence in a table

Probable CauseProbable Cause Facts that a reasonable, prudent person would accept as a basis for decision

making.

Quantity Prima facie: presumptive but rebuttable. (Evidence that is sufficient to raise a presumption of fact or to establish the fact in question unless rebutted)1

Degree of Uncertainty Less than apparent but still quite possible.

Usage in Science Basis for theory development through testing of hypothesis. (A conjecture that provisionally accounts for a set of facts: can be used as the basis for additional investigation and guide in gathering further information)2

Law in the U.S. Satisfies requirement for an arrest or issuance of a warrant for search and seizure of evidence.Basis for going on to the next stage of a legal proceeding.

If no defense is made, prima facie evidence forevery element constitutes a prima facie case that is sufficient to support a conviction in criminal cases.

Criminal Investigation in the U.S.

Obtain a search warrant what or an arrest warrant.

1http://www.lectlaw.com/def2/p078.htm (Accessed 12/18/08)2Osterburg & Ward, 2007, p. 794

Example- P.C .addressed in a table

Additional Resource in Doc Sharing

This is the person that loaded the document, NOT the author of the document

Chapter 3

Physical Evidence:Discovery, Preservation, Collection, Transmission

Osterburg & Ward, 2007

Modus Operandi What is Modus Operandi? Please give a practical example

Modus Operandi (MO) Modus Operandi (MO) is an offender’s pattern of

operation, their method of preparing for and committing a criminal act.

Modus Operandi (MO) Ideally, MO characteristics can identify an offender. When an

individual has an arrest record and a unique MO is on file, an identification may occur if the MO is used again and recognized

In general, however, MO characteristics are not sufficiently unique for this purpose. Just the same

MO can lead to the identification of an offender when a string of crimes is recognized as having a common perpetrator and the respective clues are pooled and used inductively

The pooled information also can send the investigator to search records, set up a surveillance, or seek out an informant (Osterburg & Ward, 2007).

M.O.- Additional Definition MO stands for Modus Operandi and it literally means way of

working, and it’s what an offender does in order to carry out a crime.

For example, a burglar who always uses a glass cutter to gain access to a house is demonstrating an aspect of his or her MO or way of working.

From an investigative point of view analysis of the offenders MO can be used to link cases at crime scenes, however, a major stumbling block is that an offenders MO (way of working) can change. http://ezinearticles.com/?Going-Beyond-The-Mo:-Criminal-Profiling,-Jack-The-Ripper-And-Signature-Behavior&id=258078 (Accessed 1/15/09).

Jack the Rippers Modus Operandi He attacked white female prostitutes in their 40’s A cluster of victims within a short distance of each other. The first four victims Mary Nichols, Annie Chapman,

Elizabeth Stride and Catherine Eddowes were killed and found outdoors in the Whitechapel area; then he changed his MO by killing and leaving the fifth victim Mary Kelly, indoors.

By choosing to murder Kelly indoors, the killer demonstrated that he was an experienced night time cat burglar and stalker, as he attacked all his victims in the early morning hours when dawn was approaching

Signature

What is Signature? Share some practical examples please?

“The Wet Bandits”

Signature Innate behavior that is static and rigid Behavior that remains the same over time. This behavior relates to the things offenders are

psychologically compelled to do over and above what it takes to commit the crime. http://ezinearticles.com/?Going-Beyond-The-Mo:-Criminal-Profiling,-Jack-The-Ripper-And-Signature-Behavior&id=258078 (Accessed 1/15/09).

Signature Behaviors

Signature behaviors are those acts committed by an offender that are not necessary to complete the offense.

Their convergence can be used to suggest an offender’s psychological or emotional needs (signature aspect).

They are best understood as a reflection of the underlying personality, lifestyle, and developmental experiences of an offender. http://ezinearticles.com/?Going-Beyond-The-Mo:-Criminal-Profiling,-Jack-The-Ripper-And-Signature-Behavior&id=258078 (Accessed 1/15/09).

Jack the Ripper’s Signature -this relates to what he did over and above what was necessary to commit the crime, it transcends the MO

Each victim was posed in a sexually degrading position, intentionally left that way so the discovery of the bodies would startle the people who found them. They were not concealed or hidden away, but placed in locations where they would be easily discovered. The placing of the victims on their back, grotesquely laid out with their throats cut and viscera exposed or missing, reflect the cruel reality of the killer, his total mastery over their bodies. The pleasure for the killer was demonstrating each victims vulnerability.

Incidentally Keppel does not believe that all the murders attributed to Jack the ripper where in fact carried out by him. He claims that in the case of three of his alleged victims there were fundamental differences in the signature of the crimes.

However, there is no doubt that like his fellow writers on the topic Keppel firmly believes that signature behavior represents a real and intrinsic part of the offender’s personality.

"Hidden among the evidence, often gleaned from the marks and wounds on the victim’s body…these signatures are the only ways the killer truly expresses himself." (Keppel & Burns).

M.O. vs. Signature The signature of a crime is often mistaken for the MO, but is entirely different. The signature is the psychological calling card of the killer, his or her personal

stamp. The MO is strictly limited to the aspects necessary to carry out the crime,

anything beyond that is part of the signature. The signature, unlike the MO, is immutable and never varies. A killer can

develop different techniques and methods of killing, but the motive behind the killing remains constant.

Many officials throughout history have overlooked killers' signatures, as knowledge of signatures did not come about until the late 1900's.

The signature is the common thread that connects the crimes of a specific killer, the similarities that are apparent in all of the cases. The signature remains constant even when the MO is deliberately altered to confuse authorities. http://www.associatedcontent.com/article/261205/william_heirens_interpreting_the_signature.html (Accessed 1/15/09)

Identification Item of evidence must be identical with that

discovered at crime scene or secured at arrest

Continuity of possession/chain of custody Evidence must be accounted for from time

of discovery until presentation in court

Vulnerability of evidence Evidence must be logged in a timely fashion

Preservation of EvidenceLegal Requirements


Chapter 4

People as a Source of Information


Surveillance

Lineup (identification parade)

Neighborhood canvass

Questioning people

Follow-Up Activities


Polygraph examinations Voice stress analysis Hypnosis Nonverbal communication

Kinesics Paralinguistics Proxemics

Aids to Questioning People


Key TermsContinuity of Possession/Chain of Custody Evidence must be continuously accounted for from the time of its

discovery until it is presented in court. Anyone who had it in their possession, even momentarily, may be called

upon to testify as to when, where, and from whom it was received; what (if anything) was done to it; to whom it was surrendered, and at what time and date.

The greater the number of people handling the evidence, the greater the potential for conflict in, or contradiction of, their testimony. Any disruption in the chain of custody may cause evidence to be inadmissible. Even if it is admitted, a disruption can weaken or destroy its probative value. Accordingly, the rule is to have the least possible number of persons handle evidence (Osterburg & Ward, 2007).

Key TermsExemplars Comparison specimens of known origin that must be

collected and made available to criminalists. Three considerations should govern the collection:

1. Whenever possible, variables must be controlled.

2. Background material must be collected.

3. The quantity of the sample must be sufficient.

(Osterburg & Ward, 2007)

Key TermsTriangulation Method A method of measurement employed outdoors, the measurements are made from

two fixed objects such as the corner of a house, a telephone pole, fence post, or tree.

If the direction and angle (obtained from a compass) are known for each measurement, the location of the object or item of evidence can be established

Even when the angles are unknown, if each distance is considered the radius of a circle, the two circles can intersect at two points only, and the evidence will be located at but one of these two points. If the measurer records the general direction of the evidence from each fixed object, it is possible to select the correct intersecting point of the two circles.

Exact measurements are important for two reasons:1. To reconstruct the crime, namely, to check the account given by a suspect or witness

2. To give clear-cut, precise answers to defense counsel’s questions, and ensure that counsel is provided no opportunity to impugn the investigator’s competence or confidence.

Triangulation Method

Key TermsAssociative Evidence Evidence that could link a suspect to the crime or the victim The most common reason for conducting a search To understand the numerous precepts imposed on police behavior at a crime scene, one must

be aware of the reasons for conducting a search Should some linkage be developed, its probative strength can range from an intimation of

who may have been involved up to actual proof of something (as when a fingerprint is developed at the scene). Accordingly, nothing at the crime scene should be touched or stepped on.

Another purpose for the crime scene search is to seek answers to:

1. What happened?

2. How it happened ?

3. When it happened ?

4. Where did it happen?

APA Citation StyleWilliam T Forbes

Kaplan University

When to cite? Whenever you are referring to an idea that is

not uniquely your own, one that has been drawn from another source, you must “cite” that idea as someone else’s. The most common example is from a periodical or book: Criminal investigation must be conducted within

the framework of our democratic system (Osterburg & Ward, 2007).

When to cite? The citation follows the expression of the

idea; typically at the end of a sentence (an exception would be when you express two or more ideas in one sentence: Community policing involves developing a

relationship between citizens and the police department (Jones, 2005).

This is the citation

When to cite? The order of the citation is important, and

should include, in parenthesis, the author’s name, a comma, and the year of publication: Community policing involves developing a

relationship between citizens and the police department (Jones, 2005).

Author name Year

When to cite? You must cite the particular book each time

you draw from it; not just the first time you use it in a text.

When to cite? If your citation refers to a specific page or

pages, you should also include that in your citation: Motive is an important factor in pointing to

possible suspects in a homicide. Often there is a personal relationship between victim and perpetrator that, if subjected to stress may impel one of them to kill the other. (Osterburg & Ward, 2007, p. 355).

Page number

When to cite? Important: if you directly quote a text, you

must put the quote in quotation marks: “Community policing involves developing a

relationship between citizens and the police department” according to one source (Jones, 2005, p. 48).

Note the blue portion is a direct quote from the Jones source

When to cite? As mentioned earlier, you might have two

ideas from two different sources (notice the placement of the first citation after the first idea): Community policing involves developing a

relationship between citizens and the police department (Jones, 2005, p. 48) as well as teaching citizens how to handle their own crime problems (Smith, 1998).

2nd “idea”

When to cite? Almost without exception, your in-text citation

should “connect” to an entry in your reference list toward the end of your paper. Reference list formats are covered later: Anyone who discloses investigative information

can be considered an informant. (Osterburg & Ward, 2007, p. 233).

Osterburg J. & Ward R., (2007). Criminal Investigation: A Method for Reconstructing the Past. (5th Ed)Newark, NJ: Matthew Bender & Company

Reference list

When to cite? You may also at times refer to works without

the parenthesis, if it “flows” better with your paper: Jones has stated that community policing

involves developing a relationship between citizens and the police department (2005, p. 48).

Note the author is left out because it

was mentioned earlierin the sentence

When to cite? Here is another example of not using

parenthesis: In 1998, Jones reported that community policing

involves developing a relationship between citizens and the police department (p. 48).

In this instance the author and the year are mentioned in the prior sentence. The page number (specific to the idea) is the only citation listing. If you are referring to the entire work’s

idea, you might not even have the page number in parenthesis.

Examples: No authors What if your source does not have an author

listed anywhere? You will list the first few words of the title of the work: Community policing involves developing a

relationship between citizens and the police department (“Policing in Action”, 2005).

Title synopsis

Examples: No date What if your source does not have a publish

date listed anywhere? You will list the author, and “n.d.” for “no date”: Community policing involves developing a

relationship between citizens and the police department (Jones, n.d.).

n.d. = “no date”Note: if you don’t have an

author or a date, your citationmight read:

(“Policing in Action”, n.d.)

Examples: Two authors Your book or periodical might have more

than one author. You must list both authors every time you draw and idea from that particular source: Community policing involves developing a

relationship between citizens and the police department (Jones & Smith, 2005, p. 48).

2nd Author

Examples: Three to Six Authors If you have three to six authors, you cite two different ways.

The first time you cite the source, you list all authors: Community policing involves developing a relationship between

citizens and the police department (Jones, Smith, & White, 2005).

Each additional time you cite this source in your paper, you only list the first author, and follow it up with “et al.”: Community policing involves developing a relationship between

citizens and the police department (Jones, et al.).

“et al.” stands for “and others”

Examples: Agency as Author Perhaps you have a source that lists an agency, such as a

government agency, as the author (and not an individual). In this instance you simply list that agency within the citation: Community policing involves developing a relationship between

citizens and the police department (U.S. Department of Justice, 2005).

Agency listed

Examples: Personal Communications Personal communications, such as e-mails, interviews, phone

interviews, etc. are cited within your text, but they are NOT listed in the reference list: Arthur Jones stated that community policing involves developing a

relationship between citizens and the police department (personal communication, May 8th, 2005).

This will NOT be listed in thereference list

References Recall that almost without exception, your in-text

citation should “connect” to an entry in your reference list toward the end of your paper. Community policing involves developing a

relationship between citizens and the police department (Jones, 2005, p. 48).

Jones, A. (2005). Community Policing. Hartford, CT: Scholarly Publishers, Inc.

References - Formatting References are formatted in the fashion below. The

reference is in “hanging indent” style, with the first line not indented and all lines that follow indented.


“Hanging indent”

References - Formatting In general, the author is listed first; last name first,

first initial next. The year is listed in parenthesis after that. The title is then displayed in italics. If it is a book, the city (and possibly the state) of publication is offered, followed by a colon and the publishing company name.


References - Formatting Reference lists are in alphabetical order by the

author’s last name. Multiple authors for the same reference are listed

in alphabetical order. If you have more than one reference by the same

author, you list them in order by the year of publication.

Use “&” as opposed to “and” in listing multiple authors

Reference Examples: 2-6 authors All authors (up to six) are listed in alphabetical

order. Anderson, M., Bell, J., & Jones, A.

(2005). Community Policing. Hartford, CT: Scholarly Publishers, Inc.

Reference Examples: More than 6 authors The first six authors are listed, every author after that

is referred to as “et al.” (“and others”). Anderson, M., Bell, J., Connors, G.,

Davis, L., Engram, P., Jones, A., et al. (2005). Community Policing. Hartford, CT: Scholarly Publishers, Inc.

Reference Examples: Periodical A periodical, such a magazine or newspaper, is

referred to like below. The title of the article is listed after the year. The name of the periodical is next, followed by the volume number and pages.

Jones, A. (2005). Community Policing. River City Monthly, 55, 25-32.

The periodical name and volumenumber are in italics

Page #’s, not initalics

Reference Examples: Periodical A periodical, such a magazine or newspaper, is

referred to like below. The title of the article is listed after the year. The name of the periodical is next, followed by the volume number and pages.

Jones, A. (2005). Community Policing. River City Monthly, 55, 25-32.

The periodical name and volumenumber are in italics

Page #’s, not initalics

Reference Examples: Internet/Print Periodical An internet/print periodical is listed in a reference list like

any other periodical, however it also includes the retrieval date and web address (Note: example is of a periodical that is also printed; note volume # and page #’s):

Jones, A. (2005). Community Policing. Community Policing Weekly, 55, 25-32. Retrieved May 8th, 2005, from http://www.compolicing.net

Note web addressand retrieval

date

Reference Examples: Internet only Periodical An internet only periodical is listed in a reference list like any

other periodical, however it also includes the retrieval date and web address. Note also the retrieval date may differ from the publish date (if known).

Jones, A. (2001). Community Policing. International Association of Community Policing, 55, Article 2. Retrieved May 8th, 2005, from http://www.compolicing.net

This can be a “hyperlink”

Reference Examples: Govt. / Private Organization Internet publications from organizations, government or

private, will many times not display an author. The agency name is listed instead of the author.

U.S. Department of Justice (n.d.). Community Policing. Retrieved May 8th, 2005, from http://www.usdoj.gov

Note: “n.d” for“no date”. This can

be used for any reference without

a date

Reference Examples: Govt. / Private Organization What about a private organization? Here is an example: Higgins Institute (1999). Community Policing.

Retrieved May 8th, 2005, from http://higginsinst.com

Reference Examples: Link from School Website Some websites, such as college or university sites, have links

to informative articles. These links are handled as follows: Jones, A. (1999). Community Policing.

Retrieved May 8th, 2005, from the University of Nebraska, Criminal Justice Research Section web site: http://www.unl.edu/cj/compolicing

Note: the website (Nebraska) is distinct from thearticle (authored by Jones), so it is noted

specifically in the reference list.

Reference Examples: Newspaper on the Web Many newspaper have their articles on the web now. Here is

how you list this in your reference list: Jones, A. (2005). Community Policing Under

Fire. River City Bugle. Retrieved May 8th, 2005, from http://www.rcbugle.com

Important Points You must “credit” others for their work; APA

will do this for you If this credit isn’t given, you might be

committing plagiarism You must connect your citations to a link in

the reference list (with the exception of personal interviews)

Important Points Consult the APA Publication Manual or

http://owl.english.purdue.edu/handouts/research/r_apa.html (Purdue University’s English Lab APA website) for further information. This Powerpoint is merely a basic primer in APA formatting.

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Criminal Investigation Unit 2 Lecture Criminal Investigation: A Method for Reconstructing the Past 5 th edition By James W. Osterburg and Richard H