Basics of Criminal Investigations

8/18/2019 Basics of Criminal Investigations

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Chapter 1 -CriminalInvestigation: An Overview

Syed Mahfujul Haque Marjan

Course Teacher-Criminal Investigation: Methodsand Techniques


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Criminal Investigation Defined

• An investigation is a patient, step-by stepinquiry or observation, a careful

examination, a recording of evidence or alegal inquiry.• Investigate is derived from the Latin word

investigare , meaning “to track or trace.”


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Crimes Defined I

• A crime is an act in violation of penal lawand an offense against the state.

• A felony is a serious crime, graver than amisdemeanor, generally punishable bydeath or imprisonment of more than oneyear in a prison.


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Few Examples

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Few Points

In today’s high-tech society, where information flowsfaster than ever and citizens expect results more quickly,investigators need to step up their technology andteamwork skills — they need an edge. The InternationalAssociation of Chiefs of Police (IACP) declares-


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It’s a new world and the role of the detective has changeddramatically. In the old world, shoe leather was thedetective’s primary tool. Luck and persistence wascornerstones of success. Now, in the information age, wheretechnology advances daily, shoe leather is still important — as are luck and persistence — but aggressive detectives andtheir supervisors are constantly looking for a new edge. Thatedge might be a new method or approach to criminal

investigations, or it may be the result of taking advantage ofnew developments in the forensic and management sciences.


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No two crimes are identical, even if committed by the same person, each investigation is unique.

The great range of variables in individual crimesmakes it impossible to establish fixed rules forconducting an investigation.

Nevertheless, some general guidelines help toensure a thorough, effective investigation.Investigators modify and adapt these guidelines

to fit each case.


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2. 700 B.C. - 44 B.C.Forensic science continued to evolve, and in 700B.C., the Chinese began to record thumb prints onclay sculpture and documents despite having noformal classification system was in place.In 250 B.C., an ancient Greek physician,Erasistratus, created the first lie detector test whenhe noted that his patients' pulse rate appeared toincrease when they lied.

In 44 B.C., a Roman doctor examined JuliusCaesar's body and discovered that of his 23 stabwounds, only one was fatal.


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3.1100s and 1200sBy 1100 A.D., crime scene investigation had

improved to such a degree that Roman attorneyQuintilian proved that blood-covered palm printswere left at a crime scene to frame a blind manfor the murder of his mother.

Nearly 150 years later, in 1248 AD, the firstdocumentation of medical knowledge aimed at

solving crimes was recorded in the book "HsiDuan Yu" (the Washing Away of Wrong).


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The book "Hsi Duan Yu"(the Washing Away ofWrong).


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Continued

It detailed describes, among other things,how to determine whether a victimdrowned or was strangled as a cause of death.It also detailed how the criminalinvestigator identified the type of bladeused in a murder by examining the dead

body and how to determine whether adeath was accidental or murder.


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4. 1300s Through Mid-1800s

Over the next 500 years, advancements in crimescene investigation focused on the many aspects offingerprint detail and chemical elements like

poisons.

In 1813, Mathieu Bonaventure Orfila, who isconsidered the father of modern toxicology,

published "Traite des Poisons,"and in the mid-1800s, investigators at ScotlandYard began to conduct bullet comparisons.Following these advancements, investigatorsdeveloped successful tissue tests that identifiedarsenic as a means of murder.


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5. Late 1800s - Early 1900sDuring the late 1800s and early 1900s, forensicscience expanded to include technologies like bodytemperature to determine time of death and thesystematic use of fingerprinting for identification.

The portable polygraph machine appeared in 1921followed by tests to detect gunshot residue in 1933.Other critical discovery of this time includesvoiceprint identification technologies.


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6. Modern CSI

Modern crime scene investigation advanced rapidlythrough the late 1900s and the early 2000s.

Using the solid foundation developed over thousands

of years of forensic investigation, modern forensics built upon these technologies and expanded theirapplication to include computer forensics, DNAforensics, entomological (insect) forensics andenhanced biological studies.

Crime scene investigation continues to experiencerapid technological advancements.


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Criminal Investigation: Bangladesh Perspective

Bangladesh Police has a hundred yearold history. On 2 April 1891, EdwardHenry was appointed Inspector General

of Police Bengal.He had already been exchanging letterswith Francis Galton regarding the use offingerprinting to identify criminalswhich Henry introduced into the Bengal

police department.


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Galton also provided the first workablefingerprint classification system, whichwas later adapted by E. R. Henry for

practical use in police forces and other bureaucratic settings.

Most of all, Galton's extensive popularadvocacy of the use of prints helped toconvince a skeptical public that they could

be used reliably for identification.


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The Book of F. Galton


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July 1896 and February 1897, with the assistanceof Sub-Inspector Syed Azizul Haque and

Heme handra Bose, Henry developed a system offingerprint classification enabling fingerprintrecords to be organized and searched with relativecase.

Years later, both Haque and Bose, on Henry'srecommendation, received recognition by the

British Government for their contribution to thedevelopment of fingerprint classification.


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In traditional Policing, member of the Police Stations(Thana Police) remains busy in varieties of jobsimultaneously , like- Maintaining Law and Order, Traffic

Duty, Protection Duty for the VVIP's and Dignitaries,Different kind of Official tasking, Securing Differentestablishments and KPI's; with all of these job they alsoInvestigates Criminal cases.

Despite willingness an Investigating Officer fails to givesufficient time and proper concentration , in his or her investigation. As a result the government formed PBI on

October 18, 2012, for carrying out impartialinvestigations into important cases. And the Governmentissued a gazette regarding the power of investigatingcases of PBI.


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Definition of Criminal InvestigationInvestigate is derived from the Latin wordinvestigare , meaning “to track or trace.”Criminal Investigation is an applied sciencethat involves the study of facts, used to

identify, locate and prove the guilt ofa criminal.A complete criminal investigation can includesearching, interviews, interrogations,evidence collection and preservation andvarious methods of investigation.


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A cr iminal investigation is the process oflegally gather ing evidence of a cr ime that

has been or is being committed. Reference: Criminal Investigation: Law and Practice, 2 nd ed., Michael F. Brown, Butterworth-Hienemann, 2001

A criminal investigations the process ofdiscover ing, collecting, prepar ing,identi fying and presenting evidence todetermine what happened and who is

responsible.Reference: Criminal Investigation, 10 th ed., Christine Hess Orthmann,and Kären Matison Hess, 2013


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Relevant terms and definitions significant to thecriminal investigation process:

Bias: A highly personal and unreasoned distortion of judgment.Crime: An act or omission forbidden by law and

punishable by a fine, imprisonment, or even death.Crimes and their penalties are established and defined

by state and federal statutes and local ordinances.Circumstantial Evidence: A fact or event that tends toincriminate a person in a crime, e.g., being seenrunning from a crime scene.Complainant: Person requesting an investigation orthat action is taken. Is often the victim of a crime?


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Corpus delicate: Literally means the bodyor substance of the crime. In law the term

refers to proof of establishing that a crimehas occurred.Elements of a crime: Conditions that must

occur for an act to be called a specific kindof crime.Evidence: Anything that helps establish

the facts related to a crime.


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Fact: Something known to be true.Field Identification: On-the-scene identification ofa suspect by the victim of or witness to a crime. (TIParade)Prejudice: An opinion or leaning adverse toanything without just grounds or before obtainingsufficient knowledge.Modus Operandi (MO): A criminal’s characteristicmethod of operation.

Probable Cause: Evidence that warrants a person ofreasonable caution in the belief that a crime has

been committed.


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Reasonable Doubt: The level of certainty a jurormust have to find a defendant guilty of a crime. Areal doubt, based upon reason and common sense

after careful and impartial consideration of all theevidence, or lack of evidence, in a case.Statement: A legal narrative description of eventsrelated to a crime.Suspect: A person considered to be directly orindirectly connected with a crime, either by overt actor by planning and/or directing it.Witness: A person who saw a crime or some part of it

being committed or who has relevant information.

Victim: The person injured by a crime.


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Criminal investigation toolsInformation: The knowledge a criminal investigatorgathers from other persons (victims, witnesses,suspects) and other legitimate sources (records, reports,etc.)

Instrumentation or forensic science: The techniquesthat help in the solution of the crime. Consists offingerprints, DNA analysis etc.Interviewing: The questioning of victims and

witnesses of a crime. These people are not suspected of being involved in the crime, but are encouraged to provide the police with information about the crime orindividual’s involved in it.


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Goals of Criminal Investigation

The goal of criminal investigation would seem to be tosolve cases, to discover “whodunit. ” (Who has done it?)In reality, the goals of criminal investigation are not quiteso simple. To discover the truth and hold offenders toaccount, criminal investigation has several important

goals.Determine whether a crime has been committed.Legally obtain information and evidence to identify theresponsible person.

Arrest the suspect.Recover stolen property.Present the best possible case to the prosecutor.


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Qualities of a Criminal InvestigatorCommunication and Interview Skills: Interviews are

often the cornerstone of any investigation. Investigatorsmust interview the client or victim, witnesses andsuspects. The investigator must ask clear questions andextract as much detail as possible.

Control Emotions: Investigators must be able to controltheir emotions. In many cases, the investigator may dealwith issues that make her angry; however, expressing thisanger can harm the case and cause witnesses to withholdinformation. In addition, the investigator must showempathy to victims and clients and create a safeenvironment for them to share important details.


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Honesty and Ethics: Investigators must be honest, ethicaland law abiding. If an investigator is caught lying orusing unethical methods of investigation, he losescredibility and potentially his job. This is a problem if thecase goes to court and may prevent the suspect from

being convicted.Technical Skills and Knowledge: Investigators often usetechnology to assist in their investigations. Equipmentvaries based on the type of investigation and the firm oragency the investigator is working for.Technical Skills and Knowledge: Investigators often use

technology to assist in their investigations. Equipmentvaries based on the type of investigation and the firm or

agency the investigator is working for .


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Knowledge of the Law : Investigators must know thelaws surrounding the case. For example, when looking

into a corporation, an investigator may find thecompany is doing something ethically questionable, but not illegal.Critical Thinking and Problem Solving : In order to

piece together the evidence and witness statementsobtained during an investigation, the investigator must be a good problem solver. In many cases, witnessstatements will be contradictory, so the investigatormust use critical thinking and problem solving skills tofigure out what really happened in a case.


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Research Skills: Research skills are critical in manyinvestigations. The investigator must often look into the

background and activities of victims, witnesses andsuspects. Investigators must have the resources andability to conduct relevant research.Writing: Finally, effective investigators must be able towrite clearly and concisely. Whether working for a lawenforcement agency or private client, investigators mustsubmit written reports and documentation of theirinvestigation. These reports must be clear not only for theclient, but for the attorneys and judges should the case

make it to court.

Basics of Criminal Investigations

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