The Investigative Process The responsibility of all who work within the field of criminal justice, both public and private investigators Reasons to investigate: 1. Criminal act – 2. Background check – 3. Department policy – 4. Citizen complaint – 5. Rumors - Investigative Terminology 1. Crime – “an act or omission forbidden by law, punishable by a fine, imprisonment, or death” 2. Investigation – “a patient inquiry or observation; to trace or track mentally; to search into; to examine” 3. Investigate – to determine if a crime has or has not occurred - vestigare: to track or to trace 4. Criminal Investigation – “a thorough, and objective search for the truth” Goals 1. Determine if a crime has been committed 2. Legally obtain evidence and information to identify suspects 3. Identification / arrest of suspects 4. Recover stolen property 5. Present solid case to prosecutor Both Science and Art 1. Laws of nature / scientific principles 2. Investigator’s ‘ART’ still relied on 3. Called hunch, gut feeling, or instinct 4. Experience, observation, and study 5. Learning / applying / changing Successful Investigation 1. Logical sequence followed 2. Available evidence legally obtained 3. Witnesses located / effectively interviewed 4. Suspects effectively / legally interrogated Success, cont. 5. Leads thoroughly developed / followed through 6. Details accurately and completely recorded / reported 7. Evidence properly packaged / stored 8. Professional presentation in court - includes evidential testimony Functions of Investigator 1. Protect yourself and others - primary function 2. Provide emergency assistance - if qualified 3. Secure location / crime scene - already discussed 4. Initial observation / walk through - understanding of crime Functions, cont. 5. Photograph / video / sketch / record 6. Make notes or recordings to write reports - maintain notebook for court 7. Search for physical evidence - take custody of - process all evidence 8. Obtain information from all who have knowledge Functions, cont. 9. Identify suspect or primary 10. Conduct surveillance / stakeouts / other undercover assignments 11. Conduct raids when necessary 12. Testify in court Overview of Investigation 1. Investigate: determine if crime occurred 2. Patient inquiry: reconstruct crime (observation / examination / looking into / searching) 3. Overriding goal: thorough / objective search for truth 4. Police want to know: what happened / who is responsible (Vestigare) Overview, cont. 6. Criminal investigation: - a science and an art a. Science – laws of nature and scientific principles (ballistics, fingerprints and polygraph) b. Art – experience / study / and observation