Introduction/The Investigation of Crime
Explain where investigations fit in the Criminal Justice funnel.
What is at the very top between the police section where crimes are reported to police and someone is arrested. Means that all the following parts of the funnel (court and corrections sections) are dependent on properly conducted investigations.
What was the system of Bertillonage based on?
This system was that bone structure did not change, therefore measurements of certain structures (11 total) could be used to identify people and differentiate one person from another
Evidence that is crime related, but relies on inference or probabilities to draw conclusions about the crime is known as...?
What is indirect (or circumstantial) evidence
What is the exclusionary rule?
What is evidence obtained in an unlawful or unreasonable search is excluded from court proceedings and are considered incompetent evidence.
Define criminal investigation.
What is the process of collecting crime-related information to reach certain goals.
What are the 3 eras of policing that our US history went through called?
What is 1) political era, 2) professional era, 3) community era
What 2 things can criminal evidence be used to establish proof of?
What is that 1) a crime has occurred and that 2) this specific person is the one who committed it.
What are the 3 amendments that are most relevant to the investigation process?
What is 4th, 5th, and 6th.
Explain why it might matter that many forensic crime labs work very closely with law enforcement
the labs should work independently of the police department, taking in evidence and evaluating it without bias/context to get accurate detail and information about the piece of evidence itself, however many labs work closely with the police departments, opening up the potential for unconscious or unintentional bias that makes the evidence less neutral and more likely to support pre-existing beliefs about the suspects/crime
Explain the difference between thief-takers and thief-makers.
What is thief-takers might work with the thieves they knew to set up a theft of someone so they could then return the stolen goods to the person in exchange for money. A thief-maker would entice someone to commit a crime so that they could turn in the now criminal in exchange for money.
List at least 4 standards of proof in order of least to most difficult to demonstrate
What is (only 4 needed): reasonable suspicion, probable cause, preponderance of evidence, clear and convincing evidence, beyond a reasonable doubt, scientific certainty.
What are the 4 (or 5) parts of the Miranda warning?
What is 1) right to remain silent, 2) anything you say can/will be used in court, 3) right to an attorney, 4) if you can't afford one, the state will provide it for you, and 5) the waiver statement (you've had all 4 parts explained and understand them completed and still wish to talk to the police)
Explain the difference between reactive and proactive investigations
a reactive investigations are the traditional manner of investigations where the crime happens first, THEN the police respond and try to figure out what happened. A proactive investigation can include covert or undercover activities where the police begin investigative activities before the crime has actually occurred
When we shifted the investigation focus away from informants and towards interrogations/scientific evidence, what 2 things were then added to allow investigators to better complete their investigations?
What is crime labs and interrogation rooms in the police station
Explain the difference between inculpatory and exculpatory evidence.
What is inculpatory evidence includes someone into the suspect pool (points towards guilt) whereas exculpatory evidence excludes someone from the suspect point (points towards innocence)
Name at least 4 exceptions to the search warrant requirement.
What is: Exigent circumstances Vehicles Other places and things Hot pursuit Incident to arrest Stop and frisk Plain-view Consent
What are three problems that may be associated with evidence in criminal investigations?
1) we do not always immediately recognize the relevance of the evidence, 2) evidence might be inaccurate (perhaps an eyewitness is mistaken, or outright lies to investigators), and 3) the sheer quantity of evidence might be overwhelming to investigators when trying to piece together what happened after a crime.
Which era was known for corruption in policing?
What is the political era of policing
What are the 5 conditions the judge is going to look for in determining if evidence is judicial or extrajudicial?
What is 1) relevant, 2) material, 3) competent, 4) necessary, 5) clear chain of custody
what are the 3 categories of incompetent evidence?
1) evidence that is wrongfully obtained, 2) statutory incompetency (law that prohibits the introduction of certain types of evidence), and 3) court-established rules (such as hearsay)