Crime Scene Investigation Case Studies

Step by Step from the Crime Scene to the Courtroom

Jacqueline Fish

• Publisher: Routledge
• Year: 2013
• ISBN:
  9781317523383
• Edition: 1
• Topic: Law
• Subtopic: Criminal Law
• Index: Law

This text offers an innovative approach to learning about crime scene investigation, taking the reader from the first response on the crime scene to documenting crime scene evidence and preparing evidence for courtroom presentation. It includes topics not normally covered in other texts, such as forensic anthropology and pathology, arson and explosives, and the electronic crime scene. Numerous photographs and illustrations complement text material. A chapter-by-chapter fictional narrative also provides the reader with a qualitative dimension of the crime scene experience. Crime Scene Investigation is further enhanced by the contributions of such recognized forensic scholars as William Bass and Arthur Bohannon.

1
Introduction

From the Scene of the Crime to the Desk of the Prosecutor

Objective

This opening chapter introduces the methodologies of investigating and reporting criminal offenses beyond the initial response. It includes a sample case for illustrative purposes.

Key Terms

• case file
• chronological order
• complainant
• corpus delecti
• credibility
• elements
• fact
• investigation
• jargon
• linkage
• Locards Exchange Principle
• modus operandi
• narrative
• objective
• opinions
• reports
• solvability factors
• suspect
• victim

What You Will Learn

Learning Outcomes

• Describe the differences between facts and opinions
• Explain the goals of an investigation
• Examine case narratives to determine investigative strategies
• Identify the elements of the crime under investigation
• Review case file documents for accuracy
• Recognize areas for improvement in case files

Introduction

Millions of words have been written in an effort to educate and train law enforcement personnel to become well-prepared police officers, show crime scene technicians how to process crime scenes, help law school students to complete bar examinations, and equip judges to fairly administer justice in the courtroom. What is the single tie that binds all these phases of the criminal justice system together? Investigative case files. First responders deal with emergency situations, and then they must begin the paperwork process that may cross dozens of desks and linger in the courts for many years. That initial preliminary investigation sets in motion a comprehensive course of action culminating in the completion of the inquiry process that may not end for decades. As with all systems, a strategy must be in place to guide the development of the investigation.

Poor police reporting can jeopardize effective criminal prosecution. Who is going to read your reports and case files? There is a wide spectrum of people contained in this audience, and first to view the report is your supervisor. Once the report is approved and becomes an official record, the list of readers expands: lawyers, prosecutors, judges, jurors, social workers, government officials, insurance adjustors and investigators, citizens, defendants, media representatives, crime lab analysts, and other investigating agencies. Is your work of sufficient quality to withstand all this scrutiny? Did you verify the information contained in the reports and subsequent forms? Can a person who is not familiar with investigative techniques read your report and develop a clear understanding of the events that have been documented?

This publication has been compiled to assist investigators and students in the various methodologies required to construct solid, factual investigative case files. These very different cases are presented for review, along with the required paperwork and an informative narrative that will provide details not apparent in the traditional reporting format. These types of investigations are conducted every day in agencies of every size across the United States and throughout the world. There is no “one size fits all” approach to acquiring the knowledge and skills that are required for successful case prosecution. We present the scenarios and the forms; you develop the timeline and the investigative strategy for completing the case file.

Investigation is successful when all the gaps are filled between the statements, alternative explanations are considered but then eliminated, and a solid prosecutable case file is presented to the state’s attorney for review. Not all investigations will result in arrests. Not all arrests will result in prosecutions. Certainly not all prosecutions will produce a conviction. The goal is to achieve justice. Were guilty perpetrators identified and prosecuted? Equally important, were the innocent exonerated and not wrongfully prosecuted?

Overview

In the United States, more than 16,000 law enforcement agencies generate reports on a daily basis. Since 1838 when the Boston Police Department became the first official police agency in the United States, crime and offense reports have been written. After more than 170 years of compiling reports, there is still no uniform or consistent method of collecting information when officers are called to provide assistance and begin an investigation. Most law enforcement agencies have now moved to the use of standardized reports, but no matter how far technology advances, there will always be reporting requirements for law enforcement functions.

There are not many proficient criminal investigators available for hire by police agencies. The diverse skills that must be developed and honed for one to become a highly effective detective consume years of service and require a commitment, both of which are necessary to produce a high-quality, documented case file that accurately reflects every aspect of a case. Depending on the circumstances of the event, a few routine forms may need to be completed. Every action taken must be recorded. If a crime has been committed, the appropriate response actions will be initiated. Most actions taken by police officers and other first responders do not, in fact, involve criminal activity.

Regardless of whether the reports are completed on a keyboard or with an ink pen, the content must be complete, clear, concise, and accurate. Sometimes it is not possible or practical to type a report. We all have an idea of what an offense or accident report looks like—you can view various formats from different agencies online.

Investigative Case Files

Our focus is on the investigative case file, which contains all the documentation compiled by investigators who are examining every aspect of the event to determine the truth—what happened and who is responsible for that activity. Was a crime committed? What activities will be necessary to properly evaluate the circumstances and determine whether or not to proceed with a full investigation?

FIGURE 1-1 Many forms and documents are required for case files.

In this technologically advanced era of computers, digital images, and cloud storage, it is becoming more and more difficult to envision an investigative case file. Yet it is essential that all activities are documented so that any authorized individual reviewing the associated records will arrive at an informed decision regarding the investigation.

Terminology Used Throughout the Book

What is the definition of a report? Reports are permanent records of all important facts in a case. We need to examine this statement. Just what exactly is a fact? Look around the room now, examine an object, and then state a fact related to that object. For example, the highlighter I use when I am studying is yellow. Would you agree? How would you know this is a fact? The definition of a fact is simple: it is a statement that can be proven. When you read that statement, a picture formed in your mind of a yellow highlighter. Would you call that a preconceived notion because you are familiar with yellow highlighters? How do you know whether my highlighter has the diameter of a pen or a magic marker? How do you visualize yellow? Was it fluorescent or banana yellow? Was the cap chewed on? Why does it matter?

This exercise demonstrates the limited knowledge of an individual who was not at the scene and does not have first-hand knowledge with the events contained in the police report. The activities and observations recorded in an official report must be accurate and all information must be reported. Although it seems entirely petty to record such detail as the brand and style of the highlighter, at some point that type of precise information could become vital in creating a linkage or association among a victim, the crime scene, and a perpetrator. If you gain the skill of accurately conveying the totality of the information in every instance, your work will survive the scrutiny of a defense attorney in the courtroom.

You have no doubt completed many courses in criminal justice, from the historical beginnings to current-day Homeland Security issues. As students, you can probably list the steps that should be taken by an officer who observes criminal activity or who is dispatched to the scene of an event requiring police assistance. Can you clearly define an investigation? It is a systematic and detailed inquiry to determine the truth and let the facts prove or disprove allegations. It also involves seeking to identify those responsible for the events and to eliminate the innocent from suspicion. Finally, if a corpus delicti is established (evidence that a crime has been committed), a complete investigative file will present the best case possible for prosecution.

An investigator must establish elements of the crime, which are specific legal aspects of a criminal offense that must be proven. If a suspect is charged with the offense, all elements must be established beyond a reasonable doubt or there can be no finding of guilt. Determining the truth is more important than obtaining a conviction or closing a case. State statutes vary regarding the specific elements of offenses, but in every criminal proceeding, each specific condition must be identified for an act to be called a specific crime.

This case studies book consists of carefully structured learning experiences that place you in the role of an investigator who is conducting an investigation and completing the paperwork necessary to build a criminal case file. Although this book is by no means comprehensive, it will provide you with a guide as you gain knowledge and skills in the “art” of writing. Remember, good writers can write about anything. A good investigator will establish credibility by remaining unbiased and impartial, and those traits will be reflected in your written work. Credibility is hard to establish and easy to lose.

Not all crimes are solvable. Many cases have insufficient evidence, no witnesses, and no informants to provide leads. In many instances, the responding officer will complete the initial report and an investigator will examine that report and determine the solvability factors—statements that are crucial to solving crimes and in prioritizing caseloads. The data are used for compiling statistics, and the victim (if insured) will provide a copy of the report for claim reimbursement; then the case is removed from active investigation.

The narrative section of the report is where the story is told. A well-structured narrative focuses on content and factual statements. Although incident and offense reports vary considerably in format, there is always a section where the officers record personal observations, document actions, and “tell the story.” There is never any room for your opinion in this type of report. Always use the first-person, past tense, active voice, and present the events in chronological order. Use short, clear, concise, and concrete words to explain the situation. Jargon, which consists of words, expressions, or phrases specific to a profession or occupation, can create confusion and cause delays or dismissals of criminal charges and should therefore not appear in the reports.

Detailed notes can make or break a case. Take notes on every step taken in every investigation. Ensure the information you record provides a complete and accurate depiction of the scene, the victims, the witnesses, the physical evidence, and the results of all analyses. You should always carry a personal notebook to write down complete, accurate, specific, and factual information. Remember, your opinion has no place in the reports. Opinions are beliefs that may not be accurate and may not be provable, whereas facts are tangible things used to make solid decisions and that can be proven. Your job is to provide case files that are objective—that is, the documents and statements display no bias, are non-opinionated, fair, and impartial.

As an investigator, you will establish a timeline—or sequence of the events. This timeline will assist you as you complete all of the paperwork following the chronological order of the incident. The importance and accuracy of the sequence can be used to establish the whereabouts of suspects, witnesses, weapons, and subsequent activities in relation to the victim. In fact, to proceed with an investigation, one of the primary responsibilities of law enforcement officers is to establish ...

Table of contents

• Cover
• Half Title
• Title
• Copyright
• Contents
• Foreword
• Preface
• Digital Assets
• 1. Introduction: From the Scene of the Crime to the Desk of the Prosecutor
• 2. Burglary and Kidnapping
• 3. Criminal Sexual Misconduct, Kidnapping, and Human Trafficking
• 4. Vehicular Homicide: Accidental or Intentional
• 5. A Serial Arsonist?
• 6. Homicide or Suicide
• 7. Your Turn: Breaking and Entering
• Appendix: Blank Forms
• Index