Criminal Investigation The Art and The Science, 9e Michael Lyman

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CRIMINAL
INVESTIGATION
Ninth Edition

Michael D. Lyman
Columbia College of Missouri
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Library of Congress Cataloging-in-Publication Data

Names: Lyman, Michael D., author.


Title: Criminal investigation : the art and the science / Michael D. Lyman,
Columbia College of Missouri.
Description: Ninth Edition. | Hoboken : Pearson, [2019] | Revised edition of
the author’s Criminal investigation, [2017]
Identifiers: LCCN 2018037229| ISBN 9780135186213 | ISBN 0135186218
Subjects: LCSH: Criminal investigation. | Forensic sciences.
Classification: LCC HV8073 .L94 2019 | DDC 363.25—dc23
LC record available at https://lccn.loc.gov/2018037229

1 18

ISBN 10: 0-13-518621-8


ISBN 13: 978-0-13-518621-3
SVE ISBN 10: 0-13-523483-2
SVE ISBN 13: 978-0-13-523483-9
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Dedication
This book is the direct result of over 40 years of my involvement with the field of criminal investigation, from my many
years as a criminal investigator in the field, my time as a full-time, certified police academy instructor, to my 28 years as a
college professor, teaching both under graduate and graduate students. Also contributing to this work is my 30-year pub-
lishing record and my experience reviewing over 400 cases involving police incidents and investigations throughout the
nation where I have provided written analysis and/or sworn testimony in federal court as an expert in police procedures.

All of these learning experiences have led to the latest edition of this book. Of course, I must mention that without
the love and support of my wife, Julie, and my daughter, Kelsey, I couldn’t have endeavored to complete such a
considerable project nor could I have done so without the continued support of the dedicated men and women
working within our nation’s law enforcement community. I sincerely hope you enjoy this new edition.
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BRIEF CONTENTS
PART 1 Essentials of Criminal Investigation 2
Chapter 1 Foundations and History of Criminal Investigation 2
Chapter 2 The Crime Scene: Identification and Collection of Evidence 28
Chapter 3 The Crime Scene: Field Notes, Documenting, and Reporting 62

PART 2 Follow-Up Investigative Processes 90


Chapter 4 Identification of Criminal Suspects: Field and Laboratory Services 90
Chapter 5 Legal Issues in Criminal Investigation 128

PART 3 Information Gathering 162


Chapter 6 Interviews and Interrogations 162
Chapter 7 Criminal Intelligence and Surveillance Operations 188
Chapter 8 Undercover Operations and Informant Management 224

PART 4 Crimes against Persons 246


Chapter 9 Death Investigations 246
Chapter 10 Robbery 284
Chapter 11 Assault and Related Offenses 304
Chapter 12 Missing and Abducted Persons 332
Chapter 13 Crimes against Children: Child Abuse, Child Fatalities, and
Exploitation 352

PART 5 Crimes against Property 388


Chapter 14 Theft-Related Offenses 388
Chapter 15 Arson, Bombings, and Terrorism 426

PART 6 Special Investigations: Drug Trafficking, White-Collar Crime,


and Police Shooting Investigations 454
Chapter 16 Special Investigations: Drug Trafficking and Gangs 454
Chapter 17 Special Investigations: White-Collar, Corporate, and Computer-Related
Crimes 484
Chapter 18 Investigations of Officer-Involved Shootings 510

PART 7 Prosecution 528


Chapter 19 Preparation for Court 528
Appendix A Collection and Preservation of Physical Evidence 544
Appendix B Cases 552
Glossary 554
Index 567
v
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CONTENTS
Preface xxvii

Acknowledgments xxxi

About the Author xxxiii

PART 1 Essentials of Criminal Investigation 2


Chapter 1 FOUNDATIONS AND HISTORY OF CRIMINAL
INVESTIGATION 2
Introduction 3
The Romance and Reality of Crime Solving 5
The “CSI Effect” 6
The Historical Context of Criminal Investigation 7
Criminal Investigation and Our English Heritage 7
Criminal Investigation in America 11
Criminal Investigation Research 14
The RAND Corporation Study 14
The PERF Study 15
The National Institute of Justice: New Perspectives in Policing Study 15
The Increase of Research and Science in Crime Detection 16
The Objectives of Criminal Investigation 16
Inductive and Deductive Reasoning 17
Investigative Dangers: Bias and Intuition 17
Critical Thinking and Scientific Methodology 18
Modes of Investigation 19
Types of Investigations 19
Crime Scene Investigators 19
The Emergence of the Police Specialist 20
The Role of the Criminal Investigator 20
Characteristics of the Investigator 20
Gathering Information 20
Field Operations 21
Arrests 21
The Patrol Officer as an Investigator 21
Solvability Factors 22
Summary Checklist 24 Key Terms 26 Discussion
Questions 26 Endnotes 27

vii
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viii CONTENTS

Chapter 2 THE CRIME SCENE: IDENTIFICATION AND COLLECTION


OF EVIDENCE 28
Introduction 29
The Preliminary Investigation 30
Crime Scene Evidence 31
Types of Evidence 32
Legal Considerations 32
The First Officer’s Responsibilities 34
Broadcasting a Flash Description 36
Managing Emergency Situations 36
Securing the Scene 36
Handling Special Situations at the Scene 39
Dead Body 39
Hanging Victim 39
Firearms 39
Discovery of Human Remains 40
Aquatic Body Recovery 40
Collecting Electronic Evidence 40
Biohazardous Materials 41
Chemical and Other Hazardous Wastes 43
Assessing the Crime Scene 43
Conducting the Crime Scene “Walkthrough” 43
Beginning the Search 44
Search Patterns 44
The Crime Scene Search 45
Collecting Evidence 46
Special Cases in Evidence Handling 48
Infected Evidence 48
Firearms 49
Bullets, Cartridges, and Empty Shell Casings 49
Blood Spatter 49
Human Hair 50
Broken Glass 50
Impressions 51
Soil Evidence 51
Botanical Evidence 52
Bite-Mark Evidence 52
Drugs 53
Concealed Evidence: Strip Searches 53
Concealed Evidence: Body Cavity Searches 53
Interviewing Witnesses 53
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C O NT ENT S ix

Contacting the Medical Examiner 54


The Neighborhood Canvass 54
Conducting the Canvass 54
Performing the Follow-Up Investigation 56
Summary Checklist 58 Key Terms 59 Discussion
Questions 60 Endnotes 60

Chapter 3 THE CRIME SCENE: FIELD NOTES, DOCUMENTING,


AND REPORTING 62
Introduction 63
Field Notes and Reports 64
The Role of Field Notes 64
When to Take Notes 64
What to Write Down 64
Developing a Note-Taking System 66
Field Interview Cards 66
Putting Field Notes to Work 66
Storage of Field Notes 67
Using a Digital Recorder 67
Using Field Notes in the Courtroom 67
General Crime Scene Documentation 67
Writing the Official Police Report 73
Factuality 74
Thoroughness 74
Getting to the Point 74
Accuracy and Objectivity 74
Word Choice 74
The Structure of the Report 75
Documenting Interviews 75
The Initial Complaint 76
Supplemental Reports 76
Capturing the Crime Scene on Digital Video 76
Photographing the Crime Scene 77
Digital Imaging 77
Photographs as Evidence 77
Preserving Digital Images 78
What to Photograph 78
Other Hints 79
Admissibility of Photographic Evidence 80
Identification of Photographs 80
Surveillance Photographs 80
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x CONTENTS

The Crime Scene Sketch 81


Putting It Together 81
Measurement 82
Rough and Finished Sketches 82
Choosing the Best Method 82
Summary Checklist 86 Key Terms 89 Discussion
Questions 89 Endnotes 89

PART 2 Follow-Up Investigative Processes 90


Chapter 4 IDENTIFICATION OF CRIMINAL SUSPECTS: FIELD
AND LABORATORY SERVICES 90
Introduction 91
The Role of the Crime Laboratory 92
Trace Evidence 92
Questioned Documents 92
Forensic Chemistry 93
DNA Analysis 93
Ballistics 94
Latent Prints 95
Forensic Photography 95
Specialized Laboratory Equipment 96
Fingerprints as Evidence 96
The History of Fingerprinting 96
Types of Prints 97
Types of Patterns 97
Searching for Prints 98
Developing Latent Fingerprints 99
Preservation of Fingerprints 103
Prints from Gloves 103
The Integrated Automated Fingerprint Identification System 103
DNA: The Genetic Fingerprint 104
What Is DNA? 104
The History of DNA 105
Analyzing DNA 106
Transportation and Storage 107
Elimination Samples 107
Admissibility of DNA as Evidence 108
The Daubert Standard 108
Other Uses of DNA 108
Handwriting Analysis 109
Collection of Exemplars 109
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C O NT ENT S xi

The Writing Medium 109


The Writing Area 110
Facial Composites 111
Criminal Investigative Analysis 111
Investigative Psychology 112
Geographic Profiling 113
Eyewitness Identifications 114
Identification Procedures 114
The Right to Counsel at Eyewitness Identifications 119
Summary Checklist 123 Key Terms 125 Discussion
Questions 125 Endnotes 126

Chapter 5 LEGAL ISSUES IN CRIMINAL INVESTIGATION 128


Introduction 129
The Constitution and Due Process 130
Conducting Lawful Searches 131
The Probable Cause Requirement 131
The Exclusionary Rule 131
Search Incident to Lawful Arrest 132
Searches of Motor Vehicle Compartments under “Gant” 132
Searching for “Cloud-Based” Digital Evidence 133
“Digital” Search Warrants 134
Exceptions to the Exclusionary Rule 135
The Good Faith Exception 135
The Inevitable Discovery Doctrine 135
The Computer Errors Exception 136
Searches with a Warrant 136
When Are Search Warrants Necessary? 136
When Search Warrants Aren’t Required 136
Advantages of Searching with a Search Warrant 136
The Probable Cause Statement 137
Structuring the Warrant 137
Execution of the Warrant 139
Anticipatory Search Warrants 140
The Triggering Condition 141
Warrantless Searches 142
Search by Consent 142
Emergency Searches 144
Searches Incident to Arrest 144
Stop-and-Frisk Searches 144
Plain-View Searches 147
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xii CONTENTS

Automobile Searches 148


Open-Field Searches 149
Making an Arrest 150
Defining Arrest 150
What Is an Arrest? 150
The Legal Arrest 150
Detention versus Arrest 151
Investigatory Stops 151
When Is a Person under Arrest? 152
Use of Force 153
Levels of Force 154
Deadly Force 155
The Fleeing-Felon Rule 157
Summary Checklist 158 Key Terms 160 Discussion
Questions 160 Endnotes 161

PART 3 Information Gathering 162


Chapter 6 INTERVIEWS AND INTERROGATIONS 162
Introduction 163
Distinguishing between Interviews and Interrogations 163
The Interview Process 163
Interview Techniques: Witnesses, Citizens, and Victims 164
The Interrogation 165
Goals of the Interrogation 165
The Legal Requirements of Interview and Interrogation 166
Safeguarding against Police Misconduct 166
Avoiding the Coercive Interrogation 166
Unreasonable Delay in Arraignments 167
The Suspect’s Right to Legal Counsel 167
Preparation for the Interrogation 169
The Interrogation Setting 169
The Interrogation Process and Understanding Deception 170
Interrogation Styles 170
False Cues about Lying 171
Behavioral Indicators 171
How Lying and Deception Are Detected 171
Why Suspects Confess 174
Searching for Information 174
Closing the Communication Gap 174
Admission versus Confession 175
False Confessions 175
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C ONT ENT S xiii

The Cognitive Interview 176


“Think-Aloud” Interviewing 176
Verbal Probing Techniques 176
Written Statements 176
Structuring the Written Statement 177
How to Properly Document Statements 177
The Recording Procedure 177
Videotaped Confessions 177
Recap Bias 178
Framing the Tapes 178
Use of the Polygraph 178
The Computer Voice Stress Analyzer (CVSA) 180
Summary Checklist 182 Key Terms 185 Discussion
Questions 185 Endnotes 185

Chapter 7 CRIMINAL INTELLIGENCE AND SURVEILLANCE


OPERATIONS 188
Introduction 189
The History of Intelligence Collection 190
Pitfalls of Intelligence Gathering 191
The Usefulness of Intelligence 191
Overt and Covert Intelligence Collection 192
Criminal Intelligence versus Criminal Investigation 192
Defining Criminal Intelligence 192
Types of Intelligence 192
Procedures for Intelligence Gathering 194
Phase 1: Target Selection 194
Phase 2: Data Collection 194
Phase 3: Data Collation and Analysis 196
Phase 4: Dissemination 196
Analyzing the Information 196
Link Analysis 196
Flowcharting 198
Auditing and Purging Files 199
The Riss Projects 199
Surveillance and Tracking Operations 200
Police License Plate Readers 201
Facial Recognition Technology 202
Tracking Social Media 203
Satellite-Assisted Surveillance 204
Tracking Cellular Phones 206
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xiv CONTENTS

Wiretaps and Electronic Eavesdropping 206


Minimization Requirements for Electronic Surveillance 207
The Electronic Communications Privacy Act of 1986 207
The Telecommunications Act of 1996 208
Thermal Imaging 208
Physical Surveillance Operations 208
Preparing for the Surveillance 209
Foot Surveillance 211
Difficulties in Surveillance Operations 213
Vehicle Surveillance 213
Stakeouts, or “Stationary Surveillance” 217
Briefings 217
Investigative Procedures 218
Post-Stakeout Procedures 219
Summary Checklist 220 Key Terms 222 Discussion
Questions 222 Endnotes 222

Chapter 8 UNDERCOVER OPERATIONS AND INFORMANT


MANAGEMENT 224
Introduction 225
Undercover Operations 225
Perspectives of Undercover Work 226
Recruitment 227
Danger in Undercover Operations 228
Stress in Undercover Work 228
Training Issues 229
Pitfalls of Undercover Work 229
Preparing for Undercover Assignments 229
Cyber-Undercover: Investigating Online Predators 231
Informant Management 232
Who Are Informants? 233
Using Informants 234
Informant Motivations 234
Documenting Your “Source” 236
Maintaining Control 237
Protecting the Informant’s Identity 237
Legal Considerations 237
Concerned Citizens as Informants 238
Anonymous Tips 238
Jailhouse Informants 239
Other Problems with Informants 239
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C ONT ENT S xv

Federal Protection of the Informant 240


Summary Checklist 241 Key Terms 243 Discussion
Questions 243 Endnotes 244

PART 4 Crimes against Persons 246


Chapter 9 DEATH INVESTIGATIONS 246
Introduction 247
The Extent of Violent Crime 248
The Extent of Murder 248
Modes of Death 249
Serial, Mass, Sensational, and Spree Murders 249
The Extent of Homicide 251
Legal Characteristics of Homicide 252
Elements of Homicide 252
The Preliminary Death Investigation 253
Protecting the Crime Scene 254
Taking Notes at the Scene 254
Identifying the Victim 254
The Deceased Victim 255
The Victim Who Is Still Alive 255
Dying Declaration 255
The Forensic Autopsy 255
Estimating the Time of Death 256
Changes in the Body: Decomposition 256
The Forensics of Decomposition 257
Factors Affecting Decomposition 258
Other Visual Evidence of Decomposition 258
Gunshot Wounds as Evidence 260
Assessing the Severity of Gunshot Wounds 260
Estimating the Distance of the Shooter from the Victim 260
Entry/Exit Wounds and Distance of Fire 261
Entrance Wounds 262
Exit Wounds 262
Determining Whether or Not the Victim Was Alive before the Shooting 263
Establishing the Type of Gun Used in the Shooting 263
Identifying a Suspect Bullet 263
Smudging 263
Tattooing 264
Understanding GSR 264
Why Analyze for GSR? 266
Suffocation and Smothering 266
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xvi CONTENTS

Ligature Marks as Evidence 266


Blunt Force Trauma 267
The Shotgun as a Weapon of Murder 267
Wounds as Evidence 269
Drowning Deaths 270
National Center for the Analysis of Violent Crime 270
Autoerotic Death 270
Suicide 272
Evidence of Suicide 272
The Suicide Note 272
Reconstructing the Death 273
Motives for Suicide 273
Cold Case Investigations 273
Pitfalls in Homicide Investigations 274
Summary Checklist 279 Key Terms 281 Discussion
Questions 282 Endnotes 282

Chapter 10 ROBBERY 284


Introduction 285
Robbery Offenses 286
Understanding Robbery 286
Defining Robbery 286
Robbery Trends 286
Consequences of Robbery 287
Elements of Robbery 287
Types of Robbery 287
Commercial Robberies 287
Convenience Stores 290
Robberies at ATM Machines 292
Street Robberies 293
Vehicle Robberies 294
Carjacking 294
Home Invasions 295
Robberies in Schools 296
Types of Robbers 297
Careers in Robbery 297
Motivations for Robbery 297
Planning an Armed Robbery 297
The First Officer on the Scene 298
The Preliminary Robbery Investigation 298
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C ONT ENT S xvii

The Neighborhood Canvass 298


The Robber’s Method of Operation 299
Physical Evidence 300
The Role of Witnesses 300
Summary Checklist 301 Key Terms 302 Discussion
Questions 302 Endnotes 302

Chapter 11 ASSAULT AND RELATED OFFENSES 304


Introduction 305
Aggravated Assault Trends 306
Legal Classifications of Assault 306
Simple Assault 306
Aggravated Assault 307
Self-Defense 307
The Preliminary Assault Investigation 307
Documenting the Elements of Assault 308
Protecting the Crime Scene 308
Initial Questioning 308
Searching the Crime Scene 308
Domestic Violence 309
The Investigative Response to Domestic Violence 309
Legal Approaches to Domestic Violence 310
Stalking 312
Who Stalks Whom? 312
Forms of Stalking 313
Occurrence of Stalking 313
The Investigative Response to Stalking 314
Assaults in Taverns and Bars 314
Sexual Assault 315
The Role of the Sex Crime Investigator 315
Forcible Rape 316
Forcible Rape Trends 317
Legal Aspects of Rape 317
Corroboration 318
Date Rape 318
Evidence in Rape Cases 319
Actual versus False Complaints 325
Profiling the Rapist 325
The Rapist’s Approach 327
Methods of Control 328
Summary Checklist 328 Key Terms 330 Discussion
Questions 330 Endnotes 331
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xviii CONTENTS

Chapter 12 MISSING AND ABDUCTED PERSONS 332


Introduction 333
A Look at the “Big Picture” 334
Profiling the Abductor 335
Types of Missing Children Cases 338
Legislative History of Child Abduction 338
AMBER Alerts 339
Code Adam 341
The Investigative Response 342
When a Child Doesn’t Come Home . . . 343
The Initial Call for Assistance 343
Radio Broadcasts (Alerts) 344
First-Responder Duties 344
Getting to the Scene 344
On-Scene Activities 344
The Initial Assessment 344
Abductions via the Internet 345
How Cyber-Predators Work 346
Interviewing Suspects in Abductions 346
Summary Checklist 348 Key Terms 350 Discussion
Questions 350 Endnotes 351

Chapter 13 CRIMES AGAINST CHILDREN: CHILD ABUSE,


CHILD FATALITIES, AND EXPLOITATION 352
Introduction 353
The Abuse of Children 353
The Scope of the Problem 354
Types of Child Abuse and Neglect 355
Changing Views of Child Abuse and Maltreatment 355
The Problem of Acquaintance Molestation 357
Reporting Mechanisms 357
Child Abuser Profiles 358
The Role of the Investigator 359
Child Fatalities 359
Acute Maltreatment 359
Chronic Maltreatment 360
How Child Fatalities Differ from Other Types of Homicide 360
The Role of Child Protective Services and the Police 361
The Need for Proper “Child Abuse” Training 361
Child Physical Abuse 362
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C ONT ENT S xix

Investigative Resources 362


Emergency Room Personnel and Medical Examiners 362
Battered Child Syndrome 363
Recognizing Abuse 364
Taking the Initial Report 364
The Initial Police Response to Child Abuse 364
Steps in Investigating Battered Child Syndrome 364
Interviews with Medical Personnel 364
Other Important Sources of Information 365
Consultation with Experts 365
Interviews with Caretakers 365
The Crime Scene Investigation 365
Shaken Baby Syndrome 366
Munchausen Syndrome by Proxy 367
Indications of Munchausen Syndrome 367
Sudden Infant Death Syndrome 368
Sexual Abuse of Children 369
Child Sexual Exploitation 371
Child Pornography on the Internet 371
Defining Internet Child Pornography 372
Components of the Problem 372
Pedophilia 373
The Preliminary Investigation for Crimes against Children 373
Interviewing the Initial Reporter—Building Rapport 373
Collecting Evidence 374
Interviewing Witnesses 374
Evidence from the Autopsy 375
Documentation of the Case 375
Interrogating Suspects 375
The Forensic Interview 376
Why Are Forensic Interviews Needed? 376
The Initial Interview 376
The Secondary Forensic Interview 377
Multidisciplinary Investigations 377
Techniques of Forensic Interviewing 377
The Stepwise Interview 377
Children as Witnesses 378
Child Molester Profiles 379
Investigating the Molester 380
Premeditation and Intent 380
Summary Checklist 381 Key Terms 384 Discussion
Questions 384 Endnotes 385
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xx CONTENTS

PART 5 Crimes against Property 388


Chapter 14 THEFT-RELATED OFFENSES 388
Introduction 389
Property Crime Trends 389
Overview 389
Burglary 390
Burglary Trends 390
Burglary versus Robbery 390
Why Criminals Burglarize 391
Elements of Burglary 391
How a Thief Works 391
Types of Burglaries 391
Residential Burglaries 392
Retail Burglaries 394
ATM Burglaries 395
Types of Burglars 395
The Preliminary Burglary Investigation 395
Indications of Burglary 395
Approach with Caution! 396
Physical Evidence 396
Possession of Burglary Tools 396
Tracing Stolen Property 396
The Fence 396
Proving the Receipt of Stolen Property 397
Circumstantial Evidence 398
Larceny–Theft 398
Larceny–Theft Offenses 399
Larceny–Theft Trends 399
Check Fraud 399
Investigating Check Forgery 400
Embezzlement 401
Investigating Embezzlement 402
Categories of Embezzlement 402
Shoplifting 403
Investigating Shoplifting 404
Advance Fee Schemes 406
Credit Card Fraud 406
Obtaining Credit Cards 406
Using Stolen Credit Cards 406
Investigating Credit Card Theft 406
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C ONT ENT S xxi

Identity Theft 407


Financial Losses 408
Personal Costs 408
The Role of the Federal Trade Commission 409
Types of Identity Theft and Identity Theft Operations 409
How Stolen Information Is Used 410
The Investigative Response 411
Reports of Identity Theft 412
Motor Vehicle Fraud 413
Methods of Fraud 413
Motor Vehicle Theft 414
Motor Vehicle Theft Trends 415
Overview 415
The National Insurance Crime Bureau 416
Motivations for Motor Vehicle Theft 416
The Preliminary Investigation 417
Motor Vehicle Theft and the Investigative Traffic Stop 417
The Vehicle Identification Number 418
Disguising the Stolen Vehicle 419
The Rip-Off 420
Tools of the Trade 420
Summary Checklist 421 Key Terms 424 Discussion
Questions 424 Endnotes 424

Chapter 15 ARSON, BOMBINGS, AND TERRORISM 426


Introduction 427
Arson: A Brief Overview 428
Arson Offenses 429
Trends 429
Elements of Arson 430
The Police and Fire Relationship 430
Arson Investigative Techniques 431
The Preliminary Investigation of Arson 431
Motivations of the Arsonist 433
Serial Fire Setters 434
Profiling the Fire Starter 434
The Role of the Insurance Industry 435
Prosecution of Arson Cases 435
Bombing Incidents 436
What Is a Bomb? 437
Bombings by Teens 437
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xxii CONTENTS

Investigating Bomb Threats 438


Bomb Search Techniques 439
When a Bomb Is Found 441
Handling the Media 442
Terrorism and National Security 442
Terrorism Defined 442
Identifying the Terrorists 443
Criteria Describing Terrorists 443
Forms of Terrorism 444
Recent Terrorist Threats 445
Domestic Terrorism 446
Tactics to Destabilize Terrorist Organizations 446
U.S. Efforts in Combating Terrorism 448
Summary Checklist 449 Key Terms 451 Discussion
Questions 451 Endnotes 451

PART 6 Special Investigations: Drug Trafficking, White-Collar


Crime, and Police Shooting Investigations 454
Chapter 16 SPECIAL INVESTIGATIONS: DRUG TRAFFICKING
AND GANGS 454
Introduction 455
Today’s Drug Problem 456
Distribution of Illegal Drugs 458
Gangs and the Drug Trade 458
Understanding the Extent of Gangs 458
Gang-Related Trends 460
Gang Membership and Expansion 460
Gang Identifiers 461
Drug-Related Offenses 470
The General Structure of Drug Laws 471
The 1970 Controlled Substances Act 472
Tools and Techniques in Drug Investigations 472
Confidential Informants 473
Case Planning 473
The Investigation of Illicit Drug Laboratories 473
Reverse Drug Sting Operations 474
Extraordinary Drug Enforcement Techniques 478
Drug Courier Profiling 479
Asset Forfeiture 479
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C ON TENT S xxiii

Summary Checklist 481 Key Terms 482 Discussion


Questions 482 Endnotes 483

Chapter 17 SPECIAL INVESTIGATIONS: WHITE-COLLAR, CORPORATE,


AND COMPUTER-RELATED CRIMES 484
Introduction 485
Defining White-Collar Crime 486
Corporate Crime 486
Confidence Games 487
The Pigeon Drop 487
The Bank Examiner Scheme 488
The Pyramid “Get Rich Quick” Scheme 488
Travel Scams 488
Home Repair Scams 489
Contest Cons 489
The Magazine Subscription Scam 489
Check and Credit Card Fraud 489
Money Laundering 490
The History of Money Laundering 491
Examples of Money Laundering 491
Combating the Money Laundering Problem 492
Techniques of Money Laundering 492
Money Laundering Using Money Orders 495
Computer Crime 495
Photoshot 495
Defining Computer Crime 497
The Nature of the Crime 498
Computer Crime Investigations 499
Classification of Computer Crimes 499
Typical Forms of Computer Crimes 499
Photo-Sharing Scams 501
Automatic Teller Machine Frauds 502
Investigating Computer Crimes 502
The Preliminary Investigation of Computer Crimes 502
Evidence Considerations 502
Profile of the Computer Criminal 503
Interviewing the Computer Crime Suspect 504
Summary Checklist 505 Key Terms 507 Discussion
Questions 508 Endnotes 508
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xxiv CONTENTS

Chapter 18 INVESTIGATIONS OF OFFICER-INVOLVED


SHOOTINGS 510
Introduction 511
The Extent of Officer-Involved Shootings 511
Perspectives on the Investigative Process 511
The Importance of Investigating Officer-Involved Shootings 515
Involved Officers’ Responsibilities 516
Safety First 516
Assistance to Locate/Arrest Suspects 516
Notify Emergency Medical Services (EMS) 516
Secure Firearms 516
Secure the Scene 516
Identify Witnesses 517
Supervisor Responsibilities 517
Witness Accounts 517
Making a Public Statement 517
Assigning a “Companion Officer” 518
Advising Next-of-Kin 519
Ongoing Duties 519
Establish a Command Post and Recorder 519
Dealing with the Media 520
Investigators’ Responsibilities 520
Parallel Investigations 520
Experienced Officers Are Essential 520
Investigators Take over the Scene 520
Digital Camera 520
Reliability of Witness Statements 521
Delaying the Formal Officer Statement 523
Officer Interviews and Perceptual Distortions 523
Claims That the Suspect Was Armed 524
In Summary 525
The Force Review Board 525
Summary Checklist 525 Key Terms 527 Discussion
Questions 527 Endnotes 527

PART 7 Prosecution 528


Chapter 19 PREPARATION FOR COURT 528
Introduction 529
Types of Witnesses and Testimony 529
Preparing for Trial 529
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C ON T ENT S xxv

Going to Court 532


The Investigator as a Witness 533
Preparing for Court 533
Reviewing Evidence and Reports 533
Credibility as a Witness 533
Appearance in Court 534
Courtroom Demeanor 535
Testifying in Court 535
Tell the Truth 536
What Is Lying? 536
Cautions Regarding the Brady Decision 536
Safeguarding against Lying 537
Pitfalls When Testifying in Court 539
The Role of the Expert Witness 539
Summary Checklist 540 Key Terms 542 Discussion
Questions 542 Endnotes 543
Appendix A Collection and Preservation of Physical Evidence 544
Appendix B Cases 552
Glossary 554
Index 567
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PREFACE
Criminal investigation represents a timeless and dynamic field of d Expanded information on new intelligence gathering
scientific study. This book, now in its ninth edition, was written technology including police license plate readers and
with the perception that crime detection is a field that relies heav- facial recognition technology
ily on the past experiences of investigators as well as recent prac- d Expanded discussion on tracking social media for
tical, forensic, and technological innovations. The investigator’s investigative leads
success in crime detection can be influenced by several exter-
nal variables. For example, increased pressure by public interest
groups and courts of law has caused police supervisors to place
greater emphasis on case management and investigator account- NEW AND UPDATED GRAPHICS
ability. In addition, because of increased social problems asso- Figures have been updated throughout the text, and more
ciated with the use of cellular and computer technology along illustrations have been added to support key information,
with cloud storage of information and GPS technology, the public especially regarding the surveillance of criminal suspects in
spotlight has focused more than ever before on methods of crime Chapter 7.
detection and the successful prosecution of offenders. Finally, due
to the ongoing incidence of active shooter events and soaring
violent crime rates, the public is now more insistent that criminal
investigations are conducted quickly and with thoroughness. UPDATED CASE STUDIES
New case study examples have been added, The shooting of
Michael Brown in Ferguson, Missouri; The shooting of Laquan
NEW AND UPDATED McDonald in Chicago, Illinois; and The shooting of Walter Scott
in Charleston, South Carolina.
INFORMATION
d Updated and enhanced case studies, photographs, charts
and graphics
NEW CHAPTER: INVESTIGATION
d New “closer look” vignettes OF OFFICER-INVOLVED
d Enhanced “history of policing” material SHOOTINGS (CHAPTER 18)
d Expanded information on crime scene walkthrough and
neighborhood canvass Refreshing overview of an ongoing investigative challenge—
d New sections on social media and criminal investigations investigating officer-involved shootings. Timely introduction for
students who wish to understand the importance of conducting
d Enhanced information on identifying suspects
one of the profession’s most thought-provoking types of inves-
d New section on cross-racial witness identification tigation. Topics include:
d Expanded discussion on the history of criminal
investigation containing biographical vignettes on d The Extent of Officer-Involved Shootings
pioneers in criminal investigation d Perspectives on the Investigative Process
d New case studies of: The shooting of Michael Brown in d Case Studies
Ferguson, Missouri; The shooting of Laquan McDonald d Description of the Shooting Scene
in Chicago, Illinois; The shooting of Walter Scott in d Evidence at the Shooting Scene
Charleston, South Carolina. d DNA Evidence
d Expanded section on “tunnel vision” and “anchoring” in d Evidence from the Medical Examiner
the investigative thought process d Importance of Investigating Officer-Involved Shootings
d Updated samples of investigative forms including: Crime d Involved Officer(s’) Responsibilities
scene work sheet form; Victim information form; Crime
scene checklist form and Crime scene security log form d Supervisor Responsibilities
d Updated section on “Cloud-based” searches for digital d The Investigator’s Responsibilities
evidence and digital search warrants d Officer Interviews and Perceptual Distortions
d Updated section on investigative detentions and d Claims That the Suspect Was Armed
consensual encounters d The Force Review Board

xxvii
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xxviii PREF ACE

LEARNING OBJECTIVES Most boxes conclude with one or more Thematic Questions
that ask students to consider the ethical choices, legal implica-
The learning objectives at the beginning of each chapter (“This tions, and other issues involved in the investigation.
chapter will enable you to:”) have been rewritten in streamlined
language to provide a concise overview of what readers can
expect to learn from each chapter. SUMMARY CHECKLIST
This book is intended to meet the needs of students and oth- At the end of each chapter, this checklist offers review ques-
ers interested in criminal justice by presenting information in a tions followed by bulleted responses to test students’ knowl-
logical flow, paralleling the steps and considerations observed edge of the main Chapter concepts and serves as a study tool
in an actual criminal investigation. Additionally, it is designed for review. A list of Key Terms and Discussion Questions are
to fulfill an ongoing need for a book that explains clearly and also included at the end of each chapter.
thoughtfully the fundamentals of criminal investigation as prac- In summary, I am hopeful that this will prove to be an engag-
ticed by police investigators on the job in communities across ing textbook that is descriptive of the duties of modern-day crime
the nation. detection and police professionalism. Accordingly, each chapter
The book is written with several observations in mind. First, contains key terms and discussion questions that also aid in the
as its title indicates, it is designed to blend scientific theories of instructional process. Finally, as a learning aid, this text is accom-
crime detection with a practical approach to criminal investigation. panied by a companion website that offers videos and test items
Its underlying assumption is that sound criminal investigations as well as many other learning tools. I know this book will pro-
depend on an understanding of the science of crime detection vide you with what you need to understand the art of criminal
procedures and the art of anticipating human behavior. There is investigation as well as the many new forms of scientific innova-
yet another critical observation made in the book: It recognizes tions that modern investigators now use to catch perpetrators of
that both the uniformed officer and the criminal investigator play some of the nation’s most heinous crimes. Read and enjoy!
important roles in the field of criminal investigation. The duties of
each are outlined throughout the book, recognizing that there is a
fundamental need for both to work in tandem throughout many INSTRUCTOR SUPPLEMENTS
aspects of the criminal investigation process. The following supplementary materials are available to support
One underlying theme of the book is that, as with all po- instructors’ use of the main text:
lice endeavors, criminal investigation is a law enforcement re-
sponsibility that must be conducted within the framework of d Instructor’s Manual with Test Bank. Includes
the U.S. Constitution and the practices of a democratic soci- content outlines for classroom discussion, teaching
ety. Consequently, court decisions and case studies have been suggestions, and answers to selected end-of-chapter
quoted extensively for clarifications of issues and general reader questions from the text. This also contains a Word
information. document version of the test bank.
d TestGen. This computerized test generation system
gives you maximum flexibility in creating and
INSTRUCTOR-FRIENDLY administering tests on paper, electronically, or online. It
provides state-of-the-art features for viewing and editing
ORGANIZATION test bank questions, dragging a selected question into a
test you are creating, and printing sleek, formatted tests
For more efficient use, this book has been designed to follow
in a variety of layouts. Select test items from test banks
closely to a standard curriculum format. The 18 Chapter orga-
included with TestGen for quick test creation, or write
nization is designed to make it easier for instructors to align
your own questions from scratch. TestGen’s random
their coverage of the text’s material with the class schedule and
generator provides the option to display different text or
academic term.
calculated number values each time questions are used.
d PowerPoint Presentations. Our presentations offer
A CLOSER LOOK clear, straightforward outlines and notes to use for
class lectures or study materials. Photos, illustrations,
In most chapters, this box addresses selected chapter topics in charts, and tables from the book are included in the
depth, such as technology, careers, tools and techniques, and presentations when applicable.
issues in criminal investigation.
To access supplementary materials online, instructors need to
request an instructor access code. Go to www.pearsonhigh-
CASE IN POINT ered.com/irc, where you can register for an instructor access
code. Within 48 hours after registering, you will receive a con-
Near the end of most chapters, this box presents case examples firming email, including an instructor access code. Once you
of the types of crime discussed in the chapters, and the proce- have received your code, go to the site and log on for full in-
dures and techniques that were used to investigate each case. structions on downloading the materials you wish to use.
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P R E F AC E xxix

ALTERNATE VERSIONS same content. With an eTextbook, students can search the
text, make notes online, print out reading assignments that
eBooks This text is also available in multiple eBook for- incorporate lecture notes, and bookmark important passages
mats. These are an exciting new choice for students looking for later review. For more information, visit your favorite
to save money. As an alternative to purchasing the printed online eBook reseller or visit www.mypearsonstore.com.
textbook, students can purchase an electronic version of the

REVEL CRIMINAL INVESTIGATION: THE ART AND SCIENCE,


9TH EDITION BY LYMAN
Designed for how you want to teach—and how your
students want to learn
Revel is an interactive learning environment that engages students and helps them
prepare for your class. Reimagining their content, our authors integrate media and
assessment throughout the narrative so students can read, explore, and practice, all
at the same time. Thanks to this dynamic reading experience, students come to class
prepared to discuss, apply, and learn about criminal justice—from you and from each
other.
Revel seamlessly combines the full content of Pearson’s bestselling criminal justice
titles with multimedia learning tools. You assign the topics your students cover. Author
Explanatory Videos, application exercises, survey questions, and short quizzes engage Author Explanatory Videos
students and enhance their understanding of core topics as they progress through the
content. Through its engaging learning experience, Revel helps students better under-
stand course material while preparing them to meaningfully participate in class.

Author Explanatory Videos


Short 2–3 minute Author Explanatory Videos, embedded in the narrative, provide stu-
dents with a verbal explanation of an important topic or concept and illuminating the
concept with additional examples.
Point/CounterPoint Videos
Point/CounterPoint Videos
Instead of simply reading about criminal justice, students are empowered to think criti-
cally about key topics through Point/Counterpoint videos that explore different views
on controversial issues such as the effectiveness of the fourth amendment, privacy,
search and seizure, Miranda, prisoner rights, death penalty, and many other topics.
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xxx PREFACE

New Student Survey Questions


Student Survey Questions appear within the narrative
asking students to respond to questions about contro-
versial topics and important concepts. Students then
see their response versus the responses of all other
students who have answered the question in the form
of a bar chart. We provide the instructor with a Power-
Point deck with links to each survey and map, making
it easy to pull these items up in class for discussion.

Track Time-on-Task throughout the Course


The Performance Dashboard allows you to see how much time the class or individual
students have spent reading a section or doing an assignment, as well as points earned
per assignment. This data helps correlate study time with performance and provides a
window into where students may be having difficulty with the material.

Learning Management System Integration


Pearson provides Blackboard Learn™, Canvas™, Brightspace by D2L, and Moodle in-
tegration, giving institutions, instructors, and students easy access to Revel. Our Revel
integration delivers streamlined access to everything your students need for the course
in these learning management system (LMS) environments.

The Revel App


The Revel mobile app lets students read, practice, and study—anywhere, anytime,
on any device. Content is available both online and offline, and the app syncs work
across all registered devices automatically, giving students great flexibility to toggle
between phone, tablet, and laptop as they move through their day. The app also lets
students set assignment notifications to stay on top of all due dates. Available for down-
load from the App Store or Google Play. Visit www.pearsonhighered.com/revel/to
learn more.
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ACKNOWLEDGMENTS
No book can be written entirely as a solo effort, and this project is edition. Without the cooperation and guidance of these persons
no exception. The preparation of this book represents hundreds and organizations, this book would not have been possible.
of painstaking hours maintaining continuous contact with criminal A special thank you is also well deserved for Acquisitions
justice agencies, federal information clearinghouses, police practitio- Editor Gary Bauer, along with the many other dedicated pub-
ners, and colleagues in the field of criminal justice. In addition, to lishing professionals at Pearson for their hard work and support
offer the reader the most up-to-date and relevant information, it was for the ninth edition of this text. Finally, I would like to extend
important to consult libraries, police journals, periodicals, newspa- special thanks to those criminal justice academics and practitio-
pers, government publications, and other sources of literature ger- ners who painstakingly reviewed the manuscript of this book.
mane to the field of crime detection on an ongoing basis. These persons include Chernoh Wurie, Virginia Commonwealth
Many persons were helpful in the preparation of this book, University; James Grubisic, Richard J. Daley College; James
including practitioners in the field as well as experts in academe. Kellogg, Missouri Baptist University; Nancy Alleyne, Miami Dade
Among these, the contributions of certain persons deserve special College; Robert Champagne; Kim Hammett, Davidson County
recognition. Included are the men and women of the Columbia Community College; Jeffrey Majewski, Bristol Community
Police Department, the Missouri State Highway Patrol, agents College; J. Gayle Mericle, Western Illinois University; Marshall
from the Federal Bureau of Investigation and Drug Enforcement Roache, Chemeketa Community College; Louis Shepard, West
Administration, contributors from the Department of Homeland Georgia Technical College; Bryan Wanke, Honolulu Community
Security, and the International Association of Chiefs of Police. College; and Ehsan Zaffar, George Mason University.
A special debt of gratitude goes to Brian Hoey of the Without the support and assistance of all these people and
Missouri State Highway Patrol Crime Laboratory, who provided many more, this book would not have become a reality. Thank
a number of crime scene and laboratory photos for this new you all.

xxxi
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ABOUT THE AUTHOR


Michael D. Lyman drug enforcement, and drug trafficking. He received both his
Michael D. Lyman is Professor of Criminal Justice at Columbia bachelor’s and master’s degrees from Wichita State University
College of Missouri, located in Columbia, MO. In addition to and his Ph.D. from the University of Missouri, Columbia. Over
being a teaching faculty member, he serves as the program co- the last 20 years, as an expert witness, he has been called upon
ordinator for the Master of Science of Criminal Justice Program on an estimated 450 occasions by law enforcement and the
and the founder of the college’s Bachelor of Science in Forensic legal community to review and evaluate criminal investigations
Science Program. Before entering the field of college teaching, and testify in federal court proceeding nationwide as to the re-
he was employed as a criminal investigator for state police orga- sults of his evaluations and his opinions.
nizations in Kansas and Oklahoma and has taught literally thou- Textbooks such as this are an ongoing work in progress,
sands of law enforcement officers the proper police techniques and the author welcomes communication and correspondence
and methods of professional criminal investigation. Dr. Lyman about his work. Dr. Lyman can be contacted at Columbia
has authored eight textbooks in criminal justice dealing with College, 1001 Rogers Street, Columbia, MO 65216 or at
the areas of criminal investigation, policing, organized crime, [email protected]. Thank you for using this textbook.

xxxiii
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PART 1 Essentials of Criminal Investigation
Chapter 1 | Foundations and History of Criminal Investigation
Chapter 2 | The Crime Scene: Identification and Collection of Evidence
Chapter 3 | The Crime Scene: Field Notes, Documenting, and Reporting

Federicofoto/123RF
c h a p t e r o n e

F O U N D ATI ONS AND


HI S T O RY OF C R I MI NAL
I N VE S TI GATI ON
Learning Objectives
This chapter will enable you to:
1. Distinguish between the romance and reality of crime solving.
2. Describe the historical context of criminal investigation.
3. Describe the role of criminal investigation research and its increasing contribution
in crime detection.
4. State the objectives of a properly conducted criminal investigation.
5. List the modes and types of investigations.
6. Explain the role of the criminal investigator.

2
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T IGAT ION 3

INTRODUCTION former police officer in two small California


cities: in Exeter, in the Central Valley, from 1973
IT WAS A STRING OF sadistic rapes and
to 1976, and in Auburn, north of Sacramento,
murders that spread terror throughout California,
from 1976 to 1979. His time in uniform partly
long before the term was commonly used. A
overlapped with many of the crimes he was
countless number of attacks in the 1970s and
accused of committing.
1980s went unsolved for more than three decades
DeAngelo became an infamous figure,
but on April 25, 2018, law enforcement officials
sometimes known as the Golden State Killer
arrested 72-year-old Joseph James DeAngelo,
and other times as the East Area Rapist and
the notorious Golden State Killer, in a suburb of
the Original Night Stalker. His planning was
Sacramento (Figures 1.1 and 1.2).
meticulous, and he seemed to know precise
DeAngelo was taken into custody outside his
details about his victims’ schedules. They
home on Tuesday and charged with six counts
described the gravelly, angry whisper that he
of murder. He had been living undisturbed a
used as he tormented them. He wore gloves
30-minute drive from where the 12-year crime
and a mask and was a predator with quirks. For
spree began. Disturbingly, DeAngelo was a
example, as his victims lay terrified, he would
pause for a snack of crackers after raping them.
He also placed a teacup and saucer on the bodies
of some of his victims and threatened them with
murder if he heard the ceramic rattle.
The case had a profound impact not just on
the fear and public safety in California, but also
on the way that rapes were investigated and how

FIGURE 1.2 ▶ A view of the home of accused rapist and


killer Joseph James DeAngelo on April 24, 2018, in Citrus
Heights, California. Sacramento District Attorney Anne Marie
FIGURE 1.1 ▶ Joseph James DeAngelo, 72, is shown in Schubert was joined by law enforcement officials from across
his booking photo April 25, 2018, in Sacramento, California. California to announce the arrest of 72-year-old Joseph
DeAngelo was booked on two counts of murder, and police James DeAngelo, who is believed to be the East Area Rapist,
say he may be responsible for at least 12 murders and also known as the Golden State Killer, who killed at least 12,
45 rapes in a series of attacks that began more than 40 years raped over 45 people, and burglarized hundreds of homes
ago, ending abruptly in 1986. (Sacramento County Sheriff’s throughout California in the 1970s and 1980s. (Photo by Justin
Department/Handout/ Getty Images News/Getty Images) Sullivan/Getty Images)
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4 C HAPTER 1 • F O UN D A TIO N S A N D HISTO R Y O F C RI MI N AL I N VES T I G AT I ON

rape victims were treated. For example, rape and difficult to identify and how science can be
victims were identified and necessary care was a profoundly useful investigative resource (read
provided quickly; pubic hair, scratches, and other more about this case at the end of the chapter
evidence were examined and preserved using in the section titled, “Criminal Investigation in
standardized rape kits. Additionally, locks sold Practice”).
out at hardware stores and over 6,000 guns were Every reader of this text knows that we live in a
sold. Community safety forums would be packed complicated and often dangerous world. Crimes
with literally hundreds of people. are profit motivated, politically motivated, and
In 2016, a Sacramento District Attorney, Marie motivated by other more obscure reasons such
Schubert, helped organize a task force that as revenge, anger, and personal gratification, and
consisted of investigators from across the state these permeate society at every level. Indeed,
as well as the FBI. DeAngelo was arrested when the spies, computer hackers, pedophiles, gang
investigators identified him after matching his leaders, and serial killers located within our
DNA with the murders of Lyman and Charlene communities are all paramount concerns for a free
Smith in Ventura County in 1980. and democratic society.
The Golden State Killer case is instructive Accordingly, the study of criminal investigation
because it illustrates the complexity of criminal involves probing several different fields at once,
investigations, crime scenes, and evidence. It also and is therefore a difficult task about which
shows how criminal suspects are often transient to write. For example, it is important for an

A C LO SE R LO O K

The Chronology of Joseph DeAngelo’s Crimes


At the time of his arrest, DeAngelo was connected with believed to have sexually assaulted over a dozen women
12 murders, 51 rapes, and dozens of break-ins in a crime that year as far south as San Jose and was thought to be
spree that spanned from 1974 to 1986 in 10 California coun- responsible for the deaths of two people.
ties. He was known by many names including the Golden In 1979, attacks began in April, closer to the San Francisco
State Killer, the East Area Rapist, and the Original Night area, where the rapist became known as the Original Night
Stalker. But he started as the Visalia Ransaker. The Ransaker Stalker. His crimes spread farther south including a murder
was associated with nearly 100 burglaries in Visalia which in Goleta. On March 12, 1980, the attacker was believed
caught the attention of the police in 1975. Criminal inves- to have murdered Charlene and Lyman Smith in Ventura.
tigators conducted numerous investigations to identify and Charlene and Lyman Smith were bound together with drap-
arrest the thief, but then, the burglaries became attacks. ery cords and beaten to death with a log from their fire-
His first known murder was on September 11, 1976, place. Charlene had also been brutally raped.
in Tulare County. He is believed to have killed Claude On August 19, 1980, Keith and Patricia Harrington were
Snelling, a colleague of the Sequoias journalism professor. murdered in Dana Point. Keith’s brother Bruce Harrington
Snelling’s daughter woke up in the middle of the night and helped finance the voter initiative Proposition 69 that ex-
saw the Ransaker, wearing a ski mask, hovering over her panded the state DNA database to include every convicted
bed. Snelling pursued the attacker but was shot twice and felon in California. The Golden State Killer continued his at-
died while being taken to the hospital. Investigators claim tacks in 1981.
that the killer left Tulare County in 1976 and went to the Among his last known crimes was a 1986 murder. On
Sacramento area where he became known as the East Area May 4 that year, Janelle Cruz was raped and murdered in
Rapist. In 1976, he was thought to have committed 10 rapes Irvine. The Visalia Ransaker’s string of burglaries, rapes, and
in the Sacramento area. murders became “cold cases” until DNA evidence led to his
In 1977, he was connected to the attacks of 18 more arrest. On April 25, 2018, DNA evidence from the murders
women near Sacramento. In 1978, the attacks started to ex- of Lyman and Charlene Smith led to the arrest of former
pand from the Sacramento area. The East Area Rapist was police officer Joseph DeAngelo.
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T IGAT ION 5

investigator to understand basic techniques


of collection and preservation of evidence,
but to do so, a fundamental understanding of
criminalistics or forensic science is often required.
In addition to technical competence, modern-day
investigators must be well versed in the law. Legal
skills include a working knowledge of criminal
law, constitutional law, and rules of evidence, all
of which are essential for successful prosecution
of a criminal case. This chapter is designed to
give the reader the underlying essentials of this
aspect of policing, which is both rewarding and
challenging.

THE ROMANCE AND REALITY


OF CRIME SOLVING
Throughout modern history, people have harbored a fascination
with cops and criminals—crime and crime fighting. Whenever
there is a public crime scene, large groups of people gather FIGURE 1.3 ▶ During the settlement of the western
to watch crime scene investigators in action. For the average frontier, “wanted” posters were used to identify persons
citizen, police cars and emergency units with their screaming wanted by law enforcement. (Bettmann/Getty Images)
sirens and flashing lights spark an insatiable curiosity. Fueling
people’s interest and imagination are newspapers and peri-
odicals that sensationalize criminal investigations, which often Adults aren’t the only ones who show an interest in crime
involve both heinous and interesting aspects. detection. For example, for the last 85 years the popular book
Modern-day popular novelists continue the tradition of nov- series Nancy Drew has featured a fictional young girl who dab-
els with an investigative twist. These include such novelists as bles as an amateur detective in various mysteries. This series
John Grisham, James Patterson, and Sue Grafton, to name a was brought to the silver screen in the 2007 movie by the same
few, who provide readers with mysteries, clues, and challenges name featuring Emma Roberts. A companion series for boys
to figure out the identity of the “bad guy.” is the historically popular Hardy Boys featuring Frank and Joe
Stories such as these become “up close and personal” with Hardy, fictional teenage brothers and amateur detectives who
television dramas focusing on criminal investigation and the appear in various mystery series. Children too visualize the
solving of crime through forensic techniques. For example, clashing forces of good and evil in vividly illustrated children’s
the time-tested CSI (crime scene investigation) series—CSI: books, comic books, and early morning television cartoons.
Crime Scene Investigation, CSI: Miami, and CSI: New York—is Examples are Hollywood movies Marvel’s Avengers: Infinity
so successful that it is thought to have created the so-called War (2018) and The Amazing Spiderman (2014), all of which
CSI effect, whereby jurors have been introduced to forensics portray the clash between good and evil. Indeed, American
through their exposure to television crime shows and expect pop culture typically portrays the conflict between the forces of
forensic evidence in jury trials—trials in which no such evi- good and evil in movies, novels, and even children’s television
dence may even exist (discussed later in this chapter). Other cartoons.
popular television series showcasing forensics include Law Notorious outlaw gangs of the Old West have also interested
and Order: Special Victim’s Unit, a police crime drama set people for decades. Gangs active on the western frontier, such
in New York City, and Blindspot, a popular television crime as the Younger brothers and the Dalton gang, represent the
drama in 2018. Another popular investigative television colorful heritage of the antihero (Figure 1.3). Another outlaw,
series is Chicago PD, an American police procedural drama Jesse James, was one of the most famous of the American West.
which has aired for six seasons. Each of these shows, along During his time, he acquired a Robin Hood reputation. With
with many others, fuels the fires of public interest in solving brother Frank and several other men, the James gang gained
crimes through forensics, sophisticated technology, and the national notoriety by robbing banks, trains, and stagecoaches
investigative process. (Figure 1.4).
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6 C HAPTER 1 • F O UN D A TIO N S A N D HISTO R Y O F C RI MI N AL I N VES T I G AT I ON

forensic science is capable of delivering. As a result, a new


phrase has entered the criminological lexicon: the “CSI effect,”
after shows such as CSI: Crime Scene Investigation. In 2008,
Monica Robbers, an American criminologist, defined it as “the
phenomenon in which jurors hold unrealistic expectations of
forensic evidence and investigation techniques, and have an
increased interest in the discipline of forensic science.”1
In an article published in Forensic Science International,
Evan Durnal concluded that the CSI effect is indeed real.2 In
his study, Durnal collected evidence from a number of studies
to show that exposure to television drama series that focus on
forensic science has altered the American legal system in com-
plex and far-reaching ways. The most obvious symptom of the
CSI effect is that jurors think they have a thorough understand-
ing of science they have seen presented on television, when
they do not.
FIGURE 1.4 ▶ Jesse James (left), the elusive outlaw Durnal cites one case of jurors in a murder trial who, having
of the Wild West, helped to establish the mystique of the noticed that a bloody coat introduced as evidence had not been
antihero. (Bettmann/Getty Images) tested for DNA, brought this fact to the judge’s attention. Since
the defendant had admitted being present at the murder scene,
such tests would have thrown no light on the identity of the
Detective magazines, books, and movies pitting the shrewd true culprit. The judge observed that, thanks to television, jurors
criminal against his or her persevering police counterpart have knew what DNA tests could do, but not when it was appropri-
also perpetuated the detective mystique. For generations, fabled ate to use them.3
yarns featuring sleuths such as Sherlock Holmes and Hercule CSI: Crime Scene Investigation, the CBS television series,
Poirot have presented readers with a menagerie of far-fetched and its two spin-offs—CSI: Miami and CSI: New York—
tales filled with unlikely clues and colorful suspects. In fact, part routinely appear near the top of the Nielsen ratings. (An
of the allure of the classic detective novels of the early twenti- international survey, based on ratings from 2005, concluded
eth century was the introduction of the private eye. Mickey that CSI: Miami was the most popular program in the world.)
Spillane’s Mike Hammer, for example, had a remorseless desire In large part because of the series’ success, the field of foren-
to punish wrongdoers who managed to escape an impotent sic science has acquired an air of glamour, and its practitio-
criminal justice system while walking a fine legal line himself. ners an aura of infallibility.4
As with the private eye, the spy of the 1960s enlivened In the pilot for the CSI series, which was broadcast in 2000,
espionage stories featuring such heroes as James Bond, whose Gil Grissom, the star criminalist, who is played by William
popularity rivaled even that of Sherlock Holmes. In reading the Petersen, solved a murder by comparing toenail clippings. “If I
material, however, readers would gain little practical insight can match the nail in the sneaker to the suspect’s clipping . . .”
into the mind of the criminal, the nature of crime, the science of Grissom mused, then he did just that. In the next episode, the
detection, the techniques of law enforcement officers, or court- Las Vegas investigators solved a crime by comparing striation
room procedures where one is found either guilty or innocent. marks on bullets. “We got a match,” one said. Later in the same
Although entertaining, such stories bear little resemblance to show, Nick Stokes (George Eads) informs Grissom, his boss,
the real world of criminal investigation. “I just finished the carpet-swatch comparisons. Got a match.”5
The fictional criminalists speak with a certainty that their
real-life counterparts do not. For example, in their written find-
THE “CSI EFFECT” ings and in courtroom testimony, criminalists avoid the word
“match.” Instead, the preferred terminology is “consistent with,”
Sir Robert Peel is credited with creating the first modern police or “similar,” or “is associated with.”
force in London in 1829. The transformation of law enforce- Virtually all the forensic science tests depicted on CSI—
ment, and especially forensic science, into a professional including analyses of bite marks, blood spatter, handwriting, fire-
discipline was, to a great extent, a process of trial and error. arm and tool marks as well as of hair and fibers—rely on the
Scientists only occasionally took an interest in police work, judgments of individual experts and are difficult to verify with
and courts may or may not have accepted their testimony and statistical analysis. Many of these tests were developed by police
conclusions. departments over a hundred years ago, and for decades they
As of the writing of this book, things have changed in the have been admitted as evidence in criminal trials to help bring
forensic sciences. Today, people are fascinated by the idea about convictions. In the mid-1990s, nuclear-DNA analysis—
that science can solve crimes. Moreover, because of television which can link suspects to crime scene evidence with mathemati-
crime dramas, jurors today expect more categorical proof than cal certainty—became widely available, prompting some legal
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T IGAT ION 7

FIGURE 1.5 ▶ The cast of CSI:


Crime Scene Investigation with Greg
(Eric Szmanda, left), Nick (George
Eads, center), and Sara (Jorja Fox,
right) after the CSI team finds a dead
body under piles of trash inside a
house. (Photo by Monty Brinton/CBS via
Getty Images)

scholars to argue that older, less reliable tests, such as hair and motivations were mercenary in nature, and (2) social climbers,
fiber analysis, should no longer be allowed in court (Figure 1.5). who would implicate their accomplices in order to move up the
In his research, Durnal does not blame the makers of the social ladder.
television shows for the phenomenon, because they have never One hireling, Jonathan Wild, gained fame in eighteenth-
claimed their shows are completely accurate. For example, century England for operating a London brothel that also served
forensic scientists do not typically carry guns or arrest suspects, as headquarters for thieves and thugs, with whom he was well
and tests that take only minutes on television may take weeks acquainted. Coining the phrase “set a thief to catch a thief,”
to process in reality. He argues that the CSI effect is born out Wild operated simultaneously as an undercover operative for
of a longing to believe that desirable, clever, and morally unim- London’s authorities and as a criminal in London’s underworld.
peachable individuals are fighting to clear the names of the It soon became clear, however, that he could profit more from
innocent and put the bad guys behind bars. In that respect, arranging the return of stolen goods to the police than from
unfortunately, the romance of forensic science does not always selling the goods at outrageous discounts to the local fence. So
mirror its reality.6 while he acted as the receiver of stolen goods masquerading as
the “recoverer” of lost property, he also served as the middle-
man, taking his cut for finding stolen goods while hiding and
THE HISTORICAL CONTEXT protecting thieves in his employ.
In England, the first police worked only at night and were
OF CRIMINAL INVESTIGATION originally called the Watch of London. They soon developed
into the Old Charleys, who were paid by the residents they
The history of criminal investigation is vast, and over the
served. These parish constables originated in London in 1253
years many writers have attempted to engage the topic. In
and lasted until 1829. Soon after the hanging of Jonathan Wild,
this section, we focus on the roots of our criminal justice
Henry Fielding was appointed magistrate in Westminster, a city
heritage in Great Britain as it pertains to the field of criminal
adjacent to central London. Fielding, a writer known for his
investigation.
novel Tom Jones, located himself in a house on Bow Street that
served as both home and office and soon began what is cred-
Criminal Investigation ited as England’s first police force.
and Our English Heritage
We begin our story during the era of Europe’s Industrial THE BOW STREET RUNNERS
Revolution, which attracted the peasant class from the country- During the 1750s, crimes such as burglary and street robbery
side into the towns and cities. The ensuing crime wave forced were rampant in England. Fielding took on the challenge of
law enforcement officials to take drastic measures. As a result, reducing the profits realized by criminals. Working relation-
thief catchers were recruited from the riffraff of the streets ships were established with local business owners, in particular
to aid law enforcement officials in locating criminals. Two pawnbrokers, who were provided with lists of stolen property.
classes of thief catchers were identified: (1) hirelings, whose Fielding encouraged them to contact him if any stolen property
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8 C HAPTER 1 • F O UN D A TIO N S A N D HISTO R Y O F C RI MI N AL I N VES T I G AT I ON

A C LO SE R LO O K

Sherlock Holmes—An Investigative Icon


Sherlock Holmes is a fictional detective created by Sir
Arthur Conan Doyle, a Scottish author and physician who
graduated from the University of Edinburgh Medical School
(Figure 1.6). Sherlock Holmes was developed as a London-
based detective whose abilities border on the unconceiv-
able. Holmes is famous for his astute logical reasoning which
is his ability to assume almost any disguise and make use of
forensic science to solve cases that seem unsolvable.
Holmes first appeared in print in 1887 and was featured
in four novels and 56 short stories. A Study in Scarlet was
the first novel that appeared in Beeton’s Christmas Annual
in 1887. The second novel, The Sign of the Four, appeared
in Lippincott’s Monthly Magazine in 1890. Holmes’ character
grew in popularity with the first series of short stories in The
Strand Magazine, beginning with “A Scandal in Bohemia” in
1891; additional short-story series and two novels (published
in serial form) appeared from then to 1927. The events in
the stories take place from about 1880 to 1914.
According to Doyle, Holmes was inspired by a surgeon
at the Royal Infirmary of Edinburgh named Joseph Bell.
Doyle worked for Bell as a clerk. Like Holmes, Bell was
noted for drawing broad conclusions from minute observa-
tions. However, he later wrote to Conan Doyle, “You are
yourself Sherlock Holmes and well you know it.” Sir Henry
Littlejohn, Chair of Medical Jurisprudence at the University
of Edinburgh Medical School, is also cited as an inspiration
FIGURE 1.6 ▶ Arthur Conan Doyle is best known for
for Holmes. Littlejohn, who was also Police Surgeon and
his fictional detective Sherlock Holmes. (Imagno/Austrian
Medical Officer of Health in Edinburgh, provided Doyle
Archives/The Image Works)
with a link between medical investigation and the detec-
tion of crime. pp. 354–355; Riggs, R. (2009). The Sherlock Holmes
Sources: Doyle, A. C. (1893). The original illustrated “strand” Handbook. The methods and mysteries of the world’s
Sherlock Holmes, 1989 ed. Ware, England: Wordsworth, greatest detective. Philadelphia: Quirk Books, pp. 115–118.

came to their attention. Fielding took seriously his new duty The Bow Street Runners were forerunners of a trend in polic-
as crime fighter and promptly employed new crime-fighting ing for specialization within the police force. In fact, by 1800,
methods. One such method was the appointment of a hand- the Bow Street Police Office was considered by many to be
ful of parish constables acclimated to night watchman duties. the leading law enforcement organization in the area. Johnson
These trackers soon began performing criminal investigation adds, “Even if the evils of the justice/constable system had been
functions and became well known as successful thief takers by eliminated from Bow Street Office operations, no local jurisdic-
using their ties with London’s criminal underworld. Originally tion could combat the rising crime wave throughout London.”7
called “Mr. Fielding’s People,” they soon became known as Between 1760 and 1800, Fielding was given authority to orga-
the Bow Street Runners, the first well-known investigative nize a horse patrol, which was later followed by a permanent
body in England (Figure 1.7). Fielding’s runners were not paid foot patrol. The patrol officers, smartly outfitted in red vests and
as police officers but rather, in terms of thief-taker rewards, a blue jackets and trousers, became the pioneers of England’s
percentage of all fines resulting from successful prosecution of uniformed police.
thieves. Shortly after his appointment as magistrate, Fielding’s
health deteriorated, and he started to use a wheelchair. As a EUGÈNE-FRANÇOIS VIDOCQ—THE FATHER
result, his half-brother, John Fielding, was appointed to share OF CRIMINAL INVESTIGATION
his magistracy. Because of his blindness, John Fielding was Eugène-François Vidocq has been called the father of crimi-
soon dubbed the “blind beak” (beak meaning magistrate) to the nal investigation. He was one of the most intriguing characters
criminal underworld in London. of the Napoleonic era. Largely forgotten today, Vidocq was an
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T IGAT ION 9

the Sûreté Nationale expanded and, by 1827, it had 28 agents.10


The French Sûreté Nationale proved quite successful in keeping
tabs on crime; in less than seven years, Vidocq estimated, the
brigade had arrested more than four thousand lawbreakers and
had nearly eliminated whole categories of crime.11
By the mid-1820s, the brigade was keeping 1,200 ex-convicts
under surveillance and executing 400 to 500 warrants annually.
He pioneered many new investigative methods and is often con-
sidered as one of the founders of modern criminology. He pio-
neered undercover work, anthropometrics, ballistics, and careful
crime scene investigation. A man of remarkable photographic
memory, he developed a unique record-keeping system, creat-
ing a special record card for each arrested person that listed the
person’s name, description, aliases, previous convictions, modus
operandi, and other information. The Parisian police utilized his
system for decades before Alphonse Bertillon’s new anthropo-
metric system was introduced in the 1880s.12 As the visionary he
proved to be, Vidocq maintained a small laboratory where he
applied forensic methods to solve crimes.
In 1827, Vidocq resigned from Sûreté. He was initially
involved in a small business, but lost money and returned to
Sûreté in 1830. After two years of service, including involvement
in the Revolution of 1830, he resigned in November 1832. The
following year, Vidocq established Le bureau des renseigne-
ments (Office of Information), a private detective agency that
employed ex-cons to solve and deter crimes. His business ven-
FIGURE 1.7 ▶ Photo of Henry Fielding who was the ture proved to be quite successful but led to repeated frictions
founder of the Bow Street Runners. (Mary Evans Picture with the official police. In 1842, Vidocq was tried for extorting
Library/The Image Works) money and spent almost a year in the infamous Conciergerie
before being freed. By then, his reputation was so undermined
that his private agency went bankrupt.13
outlaw-turned-law officer and was one of the founders of the In 1848, after witnessing the February Revolution, Vidocq
French detective police, and of modern criminology. Born in ran as a deputy for the 2nd Arrondissement of Paris but lost.
July 1775 in Arras, the capital of Artois, as a boy, Vidocq led a Instead, later that year he was charged with fraud and jailed,
life of delinquency. For almost 20 years, he was in and out of although charges were then dropped and he was freed. The
prison for numerous crimes.8 last years of his life were full of hardship and difficulties. On
In 1809, realizing he was wanted by the police, Vidocq May 11, 1857, the 82-year-old Vidocq died in his home in Paris.
surrendered. As an experienced criminal, he offered to serve
as an informer in exchange for his freedom. Police accepted THE LONDON METROPOLITAN POLICE
his offer and he was first placed in the Bicêtre prison working The watershed in British police development occurred in 1829
as a spy where he sounded out other inmates and forwarded with the establishment of the London Metropolitan Police
information about forged identities and unsolved crimes to the Department. Officers of the department were dubbed bobbies
Paris police chief, Jean Henry. After almost two years of spy- after the department’s founder, Home Secretary Sir Robert
ing, in 1811, Vidocq was released from jail and began to work Peel (Figure 1.8). The “new” police were England’s first paid,
as a secret agent for the Paris police.9 He disguised himself as full-time police force, consisting of about 1,000 uniformed offi-
an escaped convict and used his contacts and reputation in cers. In addition, they replaced the old constables, such as the
the criminal underworld to gain trust and learn about planned Bow Street Runners, who had ultimately gained a reputation
and committed crimes. He even participated in some crimes in of incompetency and inefficiency. Indeed, the bobbies were
order to gain trust and then turn on his partners. required to meet rigid standards of professionalism. Minimum
Impressed with his success, the prefecture created a new standards included minimum weight and height requirements
unit, the Brigade de Sûreté, specifically to assist Vidocq, who and standards of literacy and character. A detective bureau
became its leader, in his work; in December 1813, Emperor was created in the police force in 1842 but was not publicly
Napoleon signed a decree, which made the brigade a state acknowledged until some 35 years later, for fear that the spec-
security police known as Sûreté Nationale. Initially, Vidocq had ter of French-style repression would be remembered.
only four agents but, as the return of unemployed soldiers at Technology in crime detection began to flourish during the
the end of the Napoleonic Wars produced a serious crime wave, nineteenth century with the creation of a personal identification
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10 CHAPTER 1 • F O UN D A TIO N S A N D HISTO R Y OF C R I MI N AL I N V E S T I G AT I ON

study of fingerprint patterns became a popular means to iden-


tify suspects in crime. Although the use of fingerprints is com-
monplace today, it wasn’t until the late nineteenth century that
it was learned that a person’s fingerprints could act as a unique,
unchangeable method of personal identification. Such discover-
ies have been credited to the Englishmen William J. Herschel
and Henry Faulds, who were working in Asia at the time. The
use of fingerprints was refined by Sir Francis Galton and was
adopted by Scotland Yard in 1901.

THE CREATION OF SCOTLAND YARD


The name “Scotland Yard” invokes the image of a foggy London
street being guarded by a detective in a trench coat puffing
smoke from his pipe. But Scotland Yard has an easily confused
history, full of misunderstandings and controversy. Neither in
FIGURE 1.8 ▶ Photo of modern-day bobbies with Scotland, nor in a yard, it is the name of the headquarters of
London’s Metropolitan Police Department standing guard
London’s Metropolitan Police and, by association, has become
at the Victoria Memorial in London. (Photo by Waring Abbott/
synonymous with the force. The Yard doesn’t serve the city
Getty Images)
either, but instead the Greater London area.
system by Alphonse Bertillon, the director of the criminal iden- Making the Force
tification section of the Paris Police Department. The Bertillon The London police force was created in 1829 by an act intro-
system was based on the idea that certain aspects of the duced in parliament by Home Secretary (similar to the U.S.
human body, such as skeletal size, ear shaping, and eye color, Secretary of the Interior) Sir Robert Peel. By 1839, these men
remained the same after a person had reached full physical had replaced the Bow Street Patrols, who enforced the deci-
maturity (Figure 1.9). It used a combination of photographs sions of magistrates, and the River Police, who worked to pre-
with standardized physical measurements. In the mid-1840s, the vent crime along the Thames.
In 1829, the responsibility of organizing the new Metropolitan
Police Department was placed on Colonel Charles Rowan and
Richard Mayne, who occupied a private house at 4 Whitehall Place,
the back of which opened onto a courtyard: the Great Scotland
Yard. The Yard’s name was inspired by its site, a medieval palace
which housed Scottish royalty on their visits to London.
The staff of Scotland Yard was responsible for the protection
of important persons, community patrols, public affairs, and
recruitment and management of personnel. When the Yard sent
out its first plainclothes police agents in 1842, the public felt
uncomfortable with these “spies” on the streets. But the force’s
role in several important cases, and the charisma of many of its
detectives, helped it win over the trust of the people.
One such personality, Inspector Charles Frederick Field, joined
the force upon its establishment in 1829. He became good friends
with Charles Dickens, who occasionally accompanied constables
on their nightly rounds. Dickens wrote a short essay about Field,
“On Duty with Inspector Field,” and used him as a model for the
all-knowing, charming Inspector Bucket in his novel Bleak House.
Field retired as a chief of the detective branch in 1852.
In 1877, four out of the five heads of the detective branch
were brought to trial for conspiring with criminals in a betting
scheme. In an effort to repair the force’s tarnished reputation,
Howard Vincent submitted a restructuring proposal to the force.
Soon Vincent was appointed director of criminal investiga-
FIGURE 1.9 ▶ Bertillon system photographs taken tions and he reorganized Scotland Yard, strengthening its cen-
of similar-looking men who established their different tral unit. And with that, the Criminal Investigation Department
identities by differences in their ears, noses, and Adam’s (CID), a respected unit of plainclothes police detectives, was
apples. (Everett Historical/Shutterstock) born (Figure 1.10).
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T I GAT ION 11

at Boston in 1837, New York in 1844, and Philadelphia in


1854. By the 1870s, almost all major U.S. cities had munici-
pal police departments. As in England, criminal investigation
by public law enforcement was viewed as politically hazard-
ous because it favored only those who could pay. But the
rapid growth of cities produced violence, crime, and vice
activities that demonstrated a breakdown of social order
in small communities. Growing incidents of mob violence
between Protestants and Catholics, immigrants and Native
Americans, and abolitionists and pro-slavery groups were
probably the most crucial catalysts for expanded police func-
tions. During the middle of the nineteenth century, three sig-
nificant elements emerged that had an impact on criminal
investigation:
FIGURE 1.10 ▶ Scotland Yard was one of the first 1. Municipal police were supplemented by the county
professional police investigative units housed within the
sheriff in rural areas.
London Metropolitan Police Department. (Stefan Kiefer/
imageBROKER/Alamy Stock Photo) 2. The Texas Rangers were established (before Texas
became a state).
The turn of the century saw many monumental events at 3. Police functions expanded with the establishment
Scotland Yard. Britain’s “Bloody Sunday” occurred on November of the U.S. Marshal’s Service and the Secret
13, 1887, when 2,000 police officers disrupted a meeting in Service, formed during the Civil War to investigate
Trafalgar Square organized by the Social Democratic Federation, counterfeiters.
resulting in more than 100 casualties. A few years later, the force
moved to its new building on the Victoria Embankment. The In the 1890s, criminal investigators became an important
premises became known as New Scotland Yard. part of the U.S. Post Office and the Bureau of Immigration and
Since its inception, Scotland Yard has always held a place Naturalization. Because of the lack of effective law enforcement
in popular culture. The officers have appeared frequently as in rural areas, however, people banded together on their own
characters in the backdrop of mysteries, including Sir Arthur to investigate crimes and apprehend perpetrators. Vigilantes in
Conan Doyle’s Sherlock Holmes stories. On television and in the mining camps would conduct trials and even execute some
magazines today, Scotland Yard “bobbies” can be found stand- of the most dangerous offenders. Cattle ranchers would often
ing stoically behind the royal family and other dignitaries that hire range detectives to capture rustlers. As a result, some busi-
they are assigned to protect. ness firms emerged, such as the famed Pinkerton’s Detective
In 1967, the force moved once again to its present loca- Agency, which offered to protect property and pursue offend-
tion, a modern 20-story building near the Houses of Parliament. ers for a fee.
The CID has become well-known for its investigative methods,
THE TEXAS RANGERS
primarily its fingerprinting techniques, which have been bor-
rowed by the Federal Bureau of Investigation (FBI). Today, The Texas Rangers are the oldest state law enforcement
Scotland Yard has roughly 30,000 officers patrolling 620 square body in the United States. The Texas Ranger Division is a
miles occupied by 7.2 million citizens. major division within the Texas Department of Public Safety
with lead criminal investigative responsibility for the follow-
ing: major incident crime investigations, unsolved crime/
Criminal Investigation in America serial crime investigations, public corruption investigations,
As the American frontier moved westward during the nineteenth officer involved shooting investigations, and border security
century, outlaws posed serious problems in newly settled areas. operations.
Mining camps and cattle towns seemed to experience more The Texas Rangers were unofficially created by Stephen F.
violence than other areas. The movement west had moved Austin in a call-to-arms written in 1823 and were first headed by
men and women far from the institutions that had served them Captain Morris. In 1833, 10 years later, Daniel Parker introduced
previously. Law enforcement agencies and criminal courts, if a resolution to the Permanent Council that created a body of
present at all, made only minor strides in protecting the vast rangers to protect the border. The unit was dissolved by the
areas under their jurisdictions. Indeed, it was in these areas that federal authorities during the post–Civil War Reconstruction
criminals could easily hide and witnesses would often move Era, but was soon recreated upon the reinstitution of home
away, making detection and apprehension of criminals a dis- government (Figure 1.11).
couraging task. Numerous books have been written about the Rangers,
Following the lead of London’s police force, the first pro- from well-researched works of nonfiction to pulp novels and
fessional police forces were established in the United States other such fiction, making the Rangers significant participants
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12 CHAPTER 1 • F O UN D A TIO N S A N D HISTO R Y OF C R I MI N AL I N V E S T I G AT I ON

FIGURE 1.11 ▶ Badge worn


by frontier lawmen with the Texas
Rangers. (SE73/E+/Getty Images)

in the mythology of the Wild West. Today, the Texas Ranger Pinkerton Agency was called on by communities to handle
Division is comprised of 213 full-time employees; including cases that local law enforcement officers were unable to inves-
150 commissioned Rangers and 63 support personnel; includ- tigate due to incompetency or limited resources. Pinkerton
ing administrative staff, Border Security Operations Center, offered the field of criminal investigation several innovations
Joint Operations and Intelligence Centers, and the Special in crime detection. For example, he was the first to devise
Weapons and Tactics team. In 2013, a total of 3,445 investiga- a rogues’ gallery, which was a compilation of descriptions,
tions resulted in 1,781 felony arrests and 177 misdemeanor methods of operation, hiding places, and names of associates
arrests.14 of known criminals.
Pinkerton gained national fame when he uncovered a
THE PINKERTON NATIONAL plot to kill Abraham Lincoln during the 1860s. The plot was
DETECTIVE AGENCY designed to kill Lincoln on a train while en route to give
Pinkerton’s National Detective Agency, founded in 1850 by his first inaugural speech in Washington. Pinkerton outwit-
Scottish immigrant Allan Pinkerton (Figure 1.12), was the ted the assassins by putting Lincoln on an earlier train. Soon
first organization of its type in the United States. In fact, its after, Pinkerton was placed in charge of the secret service
organizational structure was later adopted by the FBI. The operations during the Civil War. After Pinkerton’s death in
1884, agency detectives gained a reputation for the use of
violence to undermine unions as well as to frame and con-
vict their leaders. Among the more notable Pinkerton cases
were those in which dozens of union spies were used by
the infamous Jay Gould to break a strike against the Texas
and Pacific Railroads and when Pinkerton detectives were
used in 1905 to involve labor leaders in the murder of ex-
Governor Frank Steunenberg of Idaho. After Congress
declared labor spying unconstitutional in 1937, the indus-
trial division of the Pinkerton agency was officially dissolved
(Figures 1.13 and 1.14).
PROHIBITION
Prohibition (1920–1933) represented another significant
period in which criminal investigation underwent change.
Unlike the drug trade of later years, the Volstead Act of the
Prohibition period failed to criminalize the purchase or con-
FIGURE 1.12 ▶ Photo of Allen Pinkerton, Circa sumption of alcohol—only its manufacture, transportation, and
1865. (Bettmann/Getty Images) sale. Because liquor was legal in other countries, smuggling
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T I GAT ION 13

FIGURE 1.13 ▶ Photo of $6,500


reward notice published by Pinkerton’s
National Detective Agency in 1901 in
respect of a train robbery on the Great
Northern Railway Express. (Universal
History Archive/Universal Images Group/
Getty Images)

(bootlegging) was a major criminal enterprise. Prohibition of Investigation in 1907, the FBI originally had very few
criminals avoided the federal law against alcohol by creating responsibilities. When new federal laws governing interstate
a cottage industry manufacturing beer and wine at home. By transportation of stolen automobiles were passed, however,
1924, rival gangs organized themselves for control of “speak- the bureau gained much notoriety. John Edgar Hoover,
easy” operations, prostitution rings, and virtually any other the bureau’s newly named director, announced in 1924 that
source of illegal income. Police corruption flourished as many he would strive to eliminate corruption and get the agency
law enforcement officers accepted bribes from mobsters. out of politics (Figure 1.15). In doing so, he raised the quali-
During this time, the FBI had no jurisdiction in enforcing the fications of agent personnel, reduced the number of agents
Volstead Act. Instead, enforcement responsibility was given to nationwide, and closed some field offices. It was only after
the Treasury Department. Hoover’s death in 1972 that many of his abuses of power
surfaced. For example, it became widely known that the FBI
THE CREATION OF THE FBI kept files on certain persons, such as politicians and adversar-
Probably the single most significant development in criminal ies of the FBI. Today, the FBI is one of many federal investi-
investigation in the United States was the establishment of the gative agencies that have made great strides in professional-
FBI in 1924. Originating as the Justice Department’s Bureau izing the field of criminal investigation.

FIGURE 1.14 ▶ The famous


Pinkerton “private eye” became the
logo of Allan Pinkerton’s National
Detective Agency. (Bride Lane Library/
Popperfoto/Getty Images)
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14 CHAPTER 1 • F O UN D A TIO N S A N D HISTO R Y OF C R I MI N AL I N V E S T I G AT I ON

much scrutiny as those in patrol functions or other areas of


policing.

DESIGN OF THE STUDY


The focus of the RAND study was the investigation of “index”
offenses: serious crimes such as murder, robbery, and rape.
Other less serious crimes, such as drug violations, gambling,
and prostitution, were not considered in the study. A national
survey was conducted that assessed investigative practices of
all municipal and county police agencies employing more than
150 sworn personnel or serving a jurisdiction with a population
over 100,000. Observations and interviews were conducted in
more than 25 departments, which were chosen to represent
various investigative methods.
The RAND study looked at a number of important vari-
ables as they relate to successful criminal investigations, crimi-
nal investigators, and the units in which they work. The study
compartmentalizes these topics in terms of the following: how
an investigator’s time is spent; the collection and processing of
physical evidence; preparing a case for prosecution as well as
other findings.

How an Investigator’s Time Is Spent


The RAND study revealed that most property offenses receive
only cursory attention. Even though an investigator may carry
a backlog of several hundred cases, only a small percentage
is realistically considered “active.” According to the study,
an investigator’s time on casework is primarily consumed in
FIGURE 1.15 ▶ J. Edgar Hoover (1895–1972), the first reviewing reports, documenting files, and attempting to locate
director of the FBI. (Harris & Ewing/Archive Pics/Alamy Stock Photo) and interview victims. In cases that are eventually solved, the
investigator spends more time in post-arrest processing than he
does in apprehending the suspect.15 The study also concluded
that there is not much attention devoted to investigator train-
CRIMINAL INVESTIGATION ing for management. In fact, most departments do not offer
RESEARCH any special training when an officer is promoted from patrol to
investigations. Investigative skills are expected to be acquired
As with other aspects of criminal justice, research plays an on the job and supervisors of investigative units do not ordinar-
important role in helping us to understand how criminal inves- ily review or even remain aware of the day-to-day performance
tigations can be more effective. Early studies by both the RAND of their investigators.
Corporation and the Police Executive Research Forum chal-
lenged long-held opinions about criminal investigation and The Collection and Processing
made some practical recommendations. of Physical Evidence
According to the RAND study, many departments have begun
The RAND Corporation Study using special technicians to collect physical evidence—primarily
One of the principal problems in evaluating investigative units fingerprints and photographs from crime scenes. The study
lies in determining how their effectiveness is to be measured. established that the amount and quality of evidence obtained
In the late 1970s, the National Institute of Law Enforcement were positively related to the amount of effort devoted to crime
and Criminal Justice awarded a grant to the RAND Corporation scene search and the speed with which crime scene technicians
to undertake a nationwide study of criminal investigations by were dispatched.16
police agencies in major U.S. cities. The goals of the study
were to determine how police investigations were organized Preparing a Case for Prosecution
and managed, as well as to assess various activities as they The RAND study found that police investigators were more
relate to the effectiveness of overall police functioning. Until oriented toward clearing cases than toward the problems of
this study, police investigators had not been placed under as successful prosecution following arrest. The inability to convict
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T I GAT ION 15

a defendant was looked upon as a problem for the prosecutor follow-up work conducted to identify and arrest suspects. It
and the courts rather than a matter over which the police could was determined, however, that both detectives and patrol per-
exercise much control. Subsequent to the RAND study, a num- sonnel are too reliant on victim information for identification
ber of researchers have shown that less than half of all felony purposes, as opposed to checking leads from sources such as
arrests result in successful prosecution. The predominant rea- informants, witnesses, and other information sources in the
son for this high case dropout rate appears to be witness coop- police department.
eration. Research has also established that efforts by the police The implications of the PERF study suggest that there is not
to obtain corroborating physical evidence or testimony of more as much waste or mismanagement in investigations as earlier
than one witness result in higher conviction rates. thought as a result of similar studies. The value of follow-up
investigations by detectives in identifying and arresting sus-
RECOMMENDATIONS OF THE STUDY pects is also thought to be much greater than indicated by
A number of policy recommendations were made as a result earlier studies.
of the study. First, it was recommended that post-arrest activi-
ties be coordinated more closely with the prosecutor’s office. OTHER RECOMMENDATIONS
This could be accomplished by assigning an investigator to the The PERF study also recommended that greater emphasis be
prosecutor’s office or by permitting a prosecutor’s discretionary placed on the collection and use of physical evidence when
guidance over the practices of investigators, thus increasing the applicable. Although physical evidence is seldom used in iden-
number of prosecutable cases. The second recommendation tifying suspects, it can be effective in corroborating other evi-
was that patrol officers be afforded greater responsibilities in dence of suspect identification, indicating that although not all
conducting preliminary investigations, providing greater case- police departments use extensive training of evidence techni-
screening capabilities for investigators while eliminating redun- cians, many have established policies regulating situations in
dancy. The study suggests that many cases can be closed at the which they should be used. In the past, many departments
preliminary investigation stage. Therefore, patrol officers should overused the services of evidence technicians in cases in which
be trained to perform such duties. The third recommendation physical evidence was minimal, resulting in the collection of
was to increase forensic resources for processing latent prints more evidence than required. As a result, another recommenda-
and to develop a system to organize and search fingerprint files tion by the PERF study is that police departments develop poli-
more effectively. Finally, the study recommended that with cies and guidelines regulating the use of evidence technicians
regard to investigations of cases that the agency chose to pur- in routine cases such as burglary and robbery when there has
sue, a distinction should be made between cases that require been no physical injury to victims. This policy should be based
routine clerical skills and those that require special investigative on the assumption that if the suspects can be found through
abilities. Investigations falling into the second category should other means of identification, physical evidence is not likely to
be handled through a specialized investigation section. be useful.
In addition to the RAND Corporation’s study, several oth- Yet another recommendation of the PERF study is that
ers have offered support for its findings. Block and Weidman’s officers dedicate greater effort to locating witnesses through
study of the New York Police Department and Greenberg the use of a neighborhood canvass. This was not found to
et al.’s decision-making model for felony investigations both be common practice by patrol officers in the cities studied
support the idea that patrol officers make the majority of arrests because initial information was commonly learned via inter-
during preliminary investigations and can provide excellent views with witnesses and victims. It was suggested that to
case-screening benefits for investigations.17 expand the scope of their investigations, patrol officers seek
additional witnesses and victims through a neighborhood can-
vass. Finally, PERF recommended that patrol officers make
The PERF Study more extensive use of department records and informants to
In another important study, the Police Executive Research develop and identify suspects. Although checking department
Forum (PERF) considered the roles played by detectives and records would be a relatively easy task, the skills needed to
patrol officers in the course of burglary and robbery investi- develop and interview informants are not common among
gations. The study examined three areas: DeKalb County, patrol officers. Supervisors in the patrol area could make a
Georgia; St. Petersburg, Florida; and Wichita, Kansas. Of the greater effort to provide such training to street officers to help
major findings of the study, several observations were made.18 them develop informants.
For example, PERF concluded that detectives and patrol officers
contributed equally to the resolution of burglary and robbery
cases. However, it was determined that in most cases, a period
The National Institute of Justice: New
of four hours (stretched over several days) was sufficient to Perspectives in Policing Study
close cases and that 75 percent of burglary and robbery cases In addition to the RAND and PERF studies discussed earlier,
were suspended in less than two days due to a lack of leads. The National Institute of Justice published a similar study in
In the remainder of cases, detectives played a major role in 2011 examining the role of the investigator.
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16 CHAPTER 1 • F O UN D A TIO N S A N D HISTO R Y OF C R I MI N AL I N V E S T I G AT I ON

Recommendations of the RAND Study


✓ Coordinate police investigations more closely with □
✓ Provide additional resources to process, organize, and
prosecutors. search for latent prints.

✓ Expand the investigative role of patrol officers. □
✓ Distinguish between cases that can be handled clerically
and those that require specially trained investigators.

Relative to other police department staff, criminal investiga- Consequently, serology was a procedure that was established
tors have special expertise in the following areas: to study human blood stains and distinguish them from the
blood of most other animals.
d Interviewing skills (for interviewing victims, witnesses,
Today, increases in the demand for scientific techniques
and offenders).
by investigators have created special financial burdens on law
d Developing and managing of informants. enforcement agencies. Techniques such as these call for people
d Conducting covert surveillance, including the use of with a high degree of formal education in areas such as chem-
advanced surveillance technologies. istry, forensic science, and physiology.
d Identifying and locating potential witnesses and sources
of intelligence.
d Preserving and developing evidence. THE OBJECTIVES OF
d Preparing cases for prosecution and liaising with
prosecutors in the lead-up to, and conduct of, a trial. CRIMINAL INVESTIGATION
d Protecting, managing, and preparing witnesses for trial. Because of the changing nature of criminal activity and the role
d Sequencing of investigative steps in an inquiry, so as to of the investigator, the objectives of the criminal investigation
optimize chances of success. may be more complex than people imagine. The following are
d Maintaining knowledge of, and in some cases the objectives of criminal investigations:
relationships with, criminals and criminal groups. d Detect crimes
Apart from the last one, all these skills are generally much more d Locate and identify suspects in crimes
concentrated among investigators than uniformed patrol officers. d Locate, document, and preserve evidence in crimes
For the last one, the investigators’ crime “knowledge” tends to be d Arrest suspects in crimes
more offender-centric, whereas patrol officers’ knowledge is more d Recover stolen property
naturally place-centric, victim-centric, and crime-type-centric.
d Prepare sound criminal cases for prosecution
The Increase of Research and Science The premise behind the criminal investigation field is that
in Crime Detection people make mistakes while committing crimes. For example, a
The seeds of modern forensic science were sown in the last burglar may leave behind broken glass or clothing fibers; a rapist
quarter of the nineteenth century. Progress from that time has may leave fingerprints, skin tissue, semen, or blood. As a result
been slow but steady. The American Academy of Forensic of these oversights, evidence of who they are is also left behind.
Sciences (AAFS), a professional organization of forensic sci- It is the job of the criminal investigator to know how, when, and
entists in America, was established in 1948. Specific areas of where to look for such evidence. In doing so, he or she must be
expertise of AAFS members include pathology and biology, able to draw on various resources, such as the following:
toxicology, criminalistics, questioned documents, and forensic d Witnesses and informants, for firsthand information about
odontology and anthropology. the crime
In addition to the development of fingerprinting as an aid to d Technological advances in evidence collection and
criminal detection, several other forensic advances were either preservation
being developed or had already been placed into service by the d Their own training and experience in investigative
late nineteenth century. Historic strides in criminal investigation
techniques
included study in serology, forensic dentistry, and ballistics.
For example, research into human blood was vastly expanded In summary, almost all crimes require some degree of inves-
during the early twentieth century by Paul Uhlenhuth, a German tigation. The extent to which any particular violation is investi-
physician. Uhlenhuth’s work created serums that enabled gated depends largely on resources available to the department
one to distinguish one species of animal blood from another. and how the department prioritizes it.
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T I GAT ION 17

Inductive and Deductive Reasoning is important for investigators to understand how logic and sci-
ence work together.
After an initial evaluation of evidence in a case, the criminal
Abduction is the process, therefore, of proposing a likely
investigator draws conclusions through a process of reasoning.
explanation for an event that must then be tested. For example,
This process is typically achieved through inductive or deduc-
the killer had a key to the victim’s home. Nordby suggests:
tive reasoning. The distinctions are as follows:
Induction is the wrong way of looking at science . . . because
DEDUCTIVE REASONING the classic problem of induction is the contrary instance
Deductive reasoning, sometimes referred to as “top-down [something that contradicts the claim].
logic,” is a thought process in which a conclusion is based Let us consider the notion that once a crime scene investi-
on the concordance of multiple premises that are generally gator observes a hair or piece of fiber, he or she now has their
assumed to be true. Deductive reasoning moves from the gen- evidence. The reality is that many, if not most, crime scenes
eral to the particular. exist in dirty, debris-filled rooms. Such places are abundant
In the process of deduction, the investigator begins with with hair and fibers. So what is the investigator actually look-
some statements, called “premises,” that are assumed to be true. ing for? Which of all of those hairs and fibers is actually evi-
You then determine what else would have to be true if the dence? Unless the criminal investigator has an idea or theory
premises are true. For example, “All drug users are impaired. that will make one object relevant and another irrelevant, the
This is a drug user. Therefore this drug user is impaired.” The evidence-collection process will be overwhelming. In order
premise may not be “true” but the form of the argument is nev- to have purpose in what is being done, the investigator must
ertheless “valid.” If all drugs users are impaired, and if this is have something in mind. That comes from abduction.
a drug user, then this drug user must necessarily be impaired.
Developing an explanation that can be tested moves the
An “invalid” deductive argument will contain something in
investigation forward and guides the accumulation of knowl-
the conclusion wholly new and independent from those things
edge, giving way only when contradicted. Abduction helps to
mentioned in the premise of the argument. If all drug users
make links among events, and the development of the overall
are impaired, then this particular drug user must be physically
theory of a crime depends on adding new links. Nordby sug-
addicted. But physical addition is not mentioned in the premise.
gests that abduction keeps guessing to a minimum.
INDUCTIVE REASONING
Inductive reasoning, sometimes referred to as “bottom- Investigative Dangers: Bias and Intuition
up logic,” moves from the particular to the general. It gathers Failures in the investigative process can have serious conse-
together particular observations in the form of premises, and quences. Unsolved crimes, unsuccessful prosecutions, unpun-
then it reasons from these particular premises to a general con- ished offenders, and wrongful convictions bring into question
clusion. The most common form of inductive reasoning is when the integrity of the investigative process in particular and law
we collect evidence of some observed phenomena (e.g., exam- enforcement in general.
ining 1,000 drug users for impairment), and then we draw a
general conclusion about all such phenomena based on our col- COGNITIVE BIASES: PERCEPTION AND
lected evidence (e.g., whether all drug users are impaired). In an MEMORY LIMITATIONS
inductive argument, the conclusion goes beyond what the prem- People have difficulty surveying their worlds. Instead of doing
ises actually say. For example, if I observe 10,000 drug users, so objectively, their experiences and expectations influence the
and every drug user is impaired, I may conclude, “All drug users decoding of sensory input which often results in imperfect con-
must be impaired.” The conclusion is a conjecture or a predic- clusions.20 This simply means that people view things differently
tion. Further evidence may support or deny this conclusion. through different lenses and doing so creates mind-sets. Mind-sets
aren’t necessarily good or bad, but for many people, they are
CHALLENGING INDUCTIVE AND quick to form and difficult to change and this can be problematic.
DEDUCTIVE REASONING This is because conclusions can be premature and communication
In 2002, Jon J. Nordby questioned the processes of inductive can be subjective in that what the speaker says and means could
and deductive reasoning in his book Dead Reckoning: The Art be interpreted in different ways by the person doing the listening.
of Forensic Detection. Nordby suggested that it’s not enough For example, subjective words such as “tall,” “young,” “likely,”
to just collect and analyze evidence; investigators also need and “dangerous” have different meanings to different people.
a guiding theory that’s flexible enough to accommodate new Because the brain does not record data, what people remem-
information and sufficiently logical to show a clear pattern of ber depends largely on what they believe.21 Plus, people tend
cause and effect.19 to remember positives and forget negatives. This is especially so
For example, Nordby states that a homicide investigation when investigators become consumed in belief perseverance
could show that the killer did not need to break in to a resi- when they place more weight on evidence that supports their
dence because he had a key. This theory would significantly hypothesis rather than on clues or evidence that weakens it. The
narrow the possibilities. It is important for investigators to not best way to accurately assess new information is to remain impar-
only have a theory that guides the investigation but also that tial and open-minded, because things change during the course
any theory that is contradicted be discarded. In other words, it of an investigation as more is learned about what occurred.22
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18 CHAPTER 1 • F O UN D A TIO N S A N D HISTO R Y OF C R I MI N AL I N V E S T I G AT I ON

INTUITION
The majority of cognitive functioning occurs outside conscious Anchoring
awareness. This includes perception, information processing, and
memory, and some methods of decision-making. As humans, Availability
Tunnel Vision
we have only two types of decision-making mechanisms: the
intuitive and irrational.23
Intuition falls between the automatic operations of percep-
tion and the deliberate processes of reasoning. Thus, intuition is
not a paranormal ability or a form of extra-sensory perception.
However, intuition is automatic and effortless and because of
that it is fast and powerful. In comparison, reasoning is slow and
effortful, vulnerable to interference, and easily disrupted. It is,
however, flexible and controllable and can override intuition.24
Different situations encountered by the criminal investiga-
FIGURE 1.16 ▶ Graphic depicting sensory variables:
tor require different types of judgment. With often unreliable
anchoring and tunnel vision.
and incomplete data or under chaotic and uncertain conditions,
intuitive decision-making is preferable.25 The street cop or sol-
make judgments based on only what they remember, not
diers in battle typically encounter these types of situations. But
on the totality of their experiences. For example, they
just as individuals do not intuitively fill out their income tax
can remember recent events easily but find unpleasant
returns every year, the professional and competent investigator
events difficult to recall. Typically, people use the
requires reliable and adequate data for proper analysis, in order
availability heuristic for determining how common or
to produce the best results.
how likely something is. The availability heuristic proves
HEURISTICS AND BIASES especially problematic for investigations of less-common
It is often difficult for people to think clearly and rationally.26 crimes such as child sex homicides.
At times, people exhibit limited rationality when faced with In conclusion, professional investigators can learn from
life’s difficulties. This is because the brain is not wired to those who rarely jumped to conclusions. For the most part, all
deal effectively with uncertainty. Therefore, people employ options should remain open. This is because the wrong mind-
heuristics—rules of thumb that substitute simple questions set, along with a limited organizational approach, can under-
for more complex ones—that typically operate on an intuitive mine the potential benefits of advanced forensic techniques,
level and work well most of the time. Unfortunately, under cer- comprehensive criminal databases, and highly skilled police
tain conditions, heuristics can lead to cognitive biases—mental personnel.
errors resulting from oversimplified information processing.27
Similar to an optical illusion, cognitive biases are consistent and Critical Thinking and Scientific
predictable and can result in distorted judgments and faulty
conclusions. Worse yet, according to research, a poor correla- Methodology
tion exists between confidence and accuracy.28 After a certain In addition to the use of deductive and inductive logic in
point, increased information leads to greater confidence in the interpreting evidence, the criminal investigator must incor-
analysis but not necessarily greater accuracy. Heuristic biases porate skills of critical thinking with known scientific meth-
can prove particularly problematic for criminal investigators. ods in their investigations. Let’s look at how these two
Examples of these biases include the following (Figure 1.16): approaches to criminal investigation compare. In a most basic
sense, critical thinking is the use of rational skills, world-
d Anchoring refers to the strong influence of the starting views, and values to get as close as possible to the truth. It is
point or first approximation on the final estimate. Limited judgment about what to believe or what to do in response to
or incorrect information will skew the starting point, observations or experiences. Fisher and Scriven define criti-
thus jeopardizing the path to the correct conclusion. cal thinking as: “Skilled, active, interpretation and evaluation
An example would be murder scenes that often first of observations, communications, information, and argumen-
appeared to be something other than what they really are. tation.”29 Critical thinking can also involve determining the
d Tunnel vision is another heuristic bias. Tunnel vision meaning and significance of what is observed to determine
develops when the investigator focuses on a limited whether there is adequate justification to accept whether a
range of alternatives and results in the officer becoming conclusion is true.
so focused on an individual or an incident that no other In contemporary usage, “critical” has the connotation of
person or incident registers in the officer’s thoughts. expressing disapproval, which is not always true of critical
So, tunnel vision can result in the disregarding of other thinking. A critical evaluation of an argument, for example,
suspects who should be investigated. might conclude that it is good.
d Availability refers to the ease with which previous Whereas thinking is often casual or routine, critical thinking
examples come to mind. This occurs because people deliberately evaluates the quality of thinking. In an early study
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T I GAT ION 19

on critical thinking in 1941, Edward Glaser wrote that the ability TYPES OF INVESTIGATIONS
to think critically involves three things:30
The mission of law enforcement is complex and demanding
1. An attitude of being disposed to consider in a
but contains some fundamental components, including the
thoughtful way the problems and subjects that come
maintenance of peace in our communities and the protection
within the range of one’s experiences
of lives and property. When people choose to violate laws that
2. Knowledge of the methods of logical inquiry and provide for these essentials, the perpetrators must be identi-
reasoning fied and brought before a court. It is the task of identifying
3. Some skill in applying those methods such offenders that is the quintessence of criminal investigation
Critical thinking calls for a persistent effort to examine any (Figure 1.17). Criminal investigators confront investigations in
belief or supposed form of knowledge in light of the evidence several areas in the regular course of their duties:
that supports it and the further conclusions to which it tends. It d Personal background—to determine a person’s suitability
also generally requires ability to recognize problems and to find for appointment to sensitive public trust positions
workable means for meeting those problems. Critical thinking d Suspected violations of criminal law
may occur whenever one judges, decides, or solves a problem; d Infractions of civil law
in general, critical thinking may be used whenever one must
figure out what to believe or what to do and do so in a reason-
d Vice (drug and organized crime activity)
able and reflective way.
Critical thinking is an important element of all professional
fields, including criminal investigation. It is important because it CRIME SCENE INVESTIGATORS
enables one to analyze, evaluate, explain, and restructure one’s As discussed earlier, the popular television show CSI: Crime
thinking, thereby decreasing the risk of adopting, acting on, or Scene Investigation has brought the role of the crime scene
thinking with a false belief. investigator to the public, creating widespread interest in the
In contrast with critical thinking, the scientific method refers forensic sciences. Of course, crime scene investigators require
to techniques for investigating phenomena, acquiring new very specific training with regard to crime scene protection and
knowledge, or correcting and integrating previous knowledge. the identification and preservation of evidence. Not every law
To be termed scientific, a method of inquiry must be based enforcement agency is able to support a dedicated CSI unit.
on gathering empirical and measurable evidence.31 A scientific The critical role of the crime scene investigator cannot be over-
method consists of the collection of data through observation stated. For example, the National Institute of Justice states:
and experimentation and the formulation and testing of hypoth-
eses. Each element of a scientific method is subject to peer One of the most important aspects of securing the crime
review for possible mistakes. scene is to preserve the scene with minimal contamination
The processes of critical thinking and scientific method need and disturbance of physical evidence. The initial response
not be mutually exclusive. Rather, reasonable and informed to an incident shall be expeditious and methodical. Upon
investigators consider both as tools in their investigative arse- arrival, the officer(s) shall assess the scene and treat the inci-
nal, allowing for critical thinking in determining the direction of dent as a crime scene.32
the investigation and scientific methods in evaluating the value
and usefulness of evidence.

MODES OF INVESTIGATION
Criminal investigations are conducted through the use of three
different responses: reactive, proactive, and preventive. The
reactive response addresses crimes that have already occurred,
such as murder, robbery, and burglary. In this case, investigators
typically respond to a crime, collect evidence, locate and inter-
view witnesses, and identify and arrest a suspected perpetrator.
Investigations are also conducted as a proactive response to
anticipated criminal activity, as with many vice and organized
crime investigations. Proactive investigations differ from reactive
ones in two major ways: (1) the investigation is conducted before
the crime is committed (rather than after) and (2) the suspect is
identified before he or she commits the crime. Finally, investi- FIGURE 1.17 ▶ Criminalist Stacy Vanderschaaf works
gations are sometimes conducted as a preventive response. on samples from a rape kit at the LAPD’s crime lab at
Prevention through deterrence is sometimes achieved by arrest- the Hertzberg-Davis Forensic Science Center in Los
ing the criminal and by aggressive prosecution. Angeles. (Ann Johansson/Corbis Historical/Getty Images)
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20 CHAPTER 1 • F O UN D A TIO N S A N D HISTO R Y OF C R I MI N AL I N V E S T I G AT I ON

Proper protection of the crime scene makes sense from a a considerable amount of detective work is usually under-
practical, financial, and operational standpoint. Essentially, taken on a hit-or-miss basis; and that the capacity of detec-
today’s crime scene investigators need not concern themselves tives to solve crimes is greatly exaggerated.33
with the field operations of investigations—for example, iden-
Indeed, some studies have suggested that the role played by
tification of witnesses, interviews and interrogations, evidence
investigators is overrated and that their time could probably be
analysis and evaluation, and arrests. Rather, their focus is to
spent more productively by focusing on crimes with the best like-
control, contain, identify, and collect crime scene evidence.
lihood of clearance.34 Other researchers suggest that the investi-
gative process is a valid utility in crime detection but should be
The Emergence of the Police Specialist augmented by the use of proactive patrol programs.
The process of investigating criminals in the United States is struc-
tured very differently from that followed in England. In the United Characteristics of the Investigator
States, typically, a division exists within law enforcement agencies
What characteristics best define a professional criminal investiga-
between officers whose responsibility it is to maintain order and
tor? Certainly, standards vary from one law enforcement agency to
those who investigate crimes. In larger departments, specialized
the next, but certain commonalities can be identified. To recognize
squads typically perform the investigative function in law enforce-
these qualities, many police agencies implement a supervisory per-
ment agencies. In fact, many such departments have several detec-
formance appraisal system to evaluate suitability for appointment
tive divisions within, each dealing with different categories of crime,
to investigator. Once taken, the police manager can choose from
such as crimes against persons (e.g., rape, assault, robbery), crimes
candidates who possess the most sought-after qualities. According
against property (e.g., burglary, larceny, auto theft), and vice (e.g.,
to a study by the National Institute of Justice (NIJ), investigative
drug violations, gambling, prostitution). Smaller rural departments
traits most commonly desired include the following:35
often lack financial resources to specialize, so patrol officers often
conduct criminal investigations in addition to their patrol duties. d Motivation
In some types of crime, such as homicide, investigators must d Intuition
develop leads through interviews with friends, family, and associ- d Stability
ates of the victim as well as witnesses to the crime. In other cases,
investigative leads are developed by sifting through files and prior
d Judgment
police records and establishing the suspect’s mode of operation d Street knowledge
(MO). In all cases, the investigative process uses traditional and d Teamwork
historical methods of detection through the use of official records, d Persistence
photographs, fingerprints, and so on, as opposed to daily face-to- d Reliability
face contacts with the citizenry, such as with the patrol division. d Intelligence
The investigative specialist is generally an older person who has
had considerable experience in police work. Most detectives are
d Dedication
former patrol personnel who have worked up through the ranks d Integrity
due to the common practice of promoting from within. Investigators are specialists. They undertake activities related
primarily to law enforcement; patrol officers, on the other hand,
routinely spend their time in order maintenance and the provi-
THE ROLE OF THE CRIMINAL sion of general services (e.g., emergency aid, finding lost chil-
INVESTIGATOR dren, traffic control). Despite the diversity of tasks performed
by patrol officers, investigators also assume many substantial
As indicated earlier, many myths exist regarding the role of duties. For example, detectives gather crime information, effect
criminal investigators. Perhaps these were best summarized by arrests, and prepare cases for prosecution and trial.
Herman Goldstein, who wrote:
Part of the mystique of detective operations is the impres- Gathering Information
sion that a detective has difficult-to-come-by qualifications Many criminal investigations are initiated with a call to the
and skills; that investigating crime is a real science; that a police dispatcher during which a crime is reported. Some of the
detective does much more important work than other police most critical tasks performed by detectives include rapid arrival
officers; that all detective work is exciting; and that a good at crime scenes; searching the area; and identifying, collecting,
detective can solve any crime. It borders on heresy to point and preserving evidence. In addition, investigators must be
out that, in fact, much of what detectives do consists of very familiar with the department’s computer and manual records,
routine and very elementary chores, including much paper which contain such information as mug shots, fingerprints,
processing; that a good deal of their work is not only not intelligence, and stolen property files. Depending on the assign-
exciting but downright boring; that the situations they con- ment, detectives must be able to follow up on leads through the
front are often less demanding and challenging than those use of various methods and procedures. These include visits
handled by patrol officers; that it is arguable whether special to pawn shops, suspected fencing locations, taverns, and other
skills and knowledge are required for detective work; that places thought to be frequented by criminals.
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T I GAT ION 21

equipment. Along with these skills, stamina and a willingness to


work long hours are prerequisites (Figure 1.18).

Arrests
One of the basic functions of law enforcement is to arrest vio-
lators of the law. Accordingly, making arrests is a significant
objective for investigators because they spend so much time
collecting and evaluating information on criminal activity. The
quality of arrests is also an important variable because an offi-
cer who has a reputation for making many poor-quality arrests
will probably not be considered for the position of detective.
Because a major purpose of an arrest is to secure a conviction,
the quality and number of prosecutions and convictions are
critical elements in assessing the performance of investigators.
FIGURE 1.18 ▶ Members of an FBI Evidence Response
Team search an area that is still an active crime scene in The Patrol Officer as an Investigator
downtown Dallas following the deaths of five police officers Traditionally, the responsibility of patrol officers in criminal inves-
on Thursday evening on July 9, 2016, in Dallas, Texas. Five
tigations has been limited. Patrol officers have been required only
police officers were killed and seven others were injured in
to collect and record the most basic information by asking sim-
the evening ambush during a march against recent police
involved shootings. (Photo by Spencer Platt/Getty Images) ple questions to the victims and witnesses and recording their
answers on a report form. While in the past, patrol officers have
studied crime scenes for physical evidence, usually the time spent
Field Operations on any one incident has been minimal. As a rule, reports have
The best investigators have a demonstrated ability to function been reviewed by a supervisor and then sent to the detective
in field operations such as patrol and surveillance functions division or an investigative unit for follow-up. In many cases, this
(stakeouts). At times, an investigator may even be required to process has resulted in duplication of efforts by investigators.
perform in an undercover capacity to procure information on Over the past decade, many police departments have
illegal activities such as drug trafficking, fencing operations, expanded the role of the patrol officer to responsibilities that
prostitution, or corruption. In addition, such investigations are traditionally assigned to investigators. These new responsi-
require the investigator to know how to operate technical and bilities include the following:
complicated electronic surveillance equipment, such as hidden- d The patrol officer provides immediate assistance to
body transmitters, night-viewing devices, and photography victims, locates witnesses, interviews both victims and

QUALITIES INVOLVED IN INVESTIGATIVE PERFORMANCE

Gathering Information Intelligence Prosecutions

Crime scene management Perseverance Quantity

Communication skills Initiative Presentation of testimony

Field Operations Judgment Percent of convictions

Stakeouts Teamwork Personnel Performance

Patrol Involvement Absenteeism

Crime pattern analysis Dedication Complaints

Developing informants Arrests Awards

Street knowledge Quantity Dedication

Personal Traits Quality Qualifications

Motivation Public–Victim Satisfaction Education

Stability Crime reduction Training

Persistence Diminution of fear Previous assignments in department


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22 CHAPTER 1 • F O UN D A TIO N S A N D HISTO R Y OF C R I MI N AL I N V E S T I G AT I ON

witnesses, and records information about the crime A police department’s reporting system should not only
scene. Depending on the seriousness of the crime or the indicate that solvability factors are present, but it should also
presence of physical evidence, the patrol officer may call identify the investigative effort expended in searching for leads.
for a more specialized search by evidence technicians. To For example, if witnesses have been sought in a number of
a great extent, this procedure initiates the case. locations, the report should indicate where the search was con-
d The patrol officer has the authority to initiate and ducted, who was contacted, and what was found. Without this
complete investigation of certain classifications of description, the follow-up investigator will not have a clear idea
crime, such as all misdemeanors, cases that involve of where the patrol officer has located the existing solvability
property value up to $1,500, and auto larceny cases. factors and will end up duplicating his or her efforts.
Investigations of more serious crimes continue to be Unless the patrol officer is able to make an immediate,
referred to specialized investigative units. The practical on-scene arrest, 12 essential questions need direct answers.
effect of this “sorting out” of responsibilities for different These solvability factors are logically based on existing police
types of investigations is that patrol officers investigate practices. All agencies may have different capabilities and pro-
high-volume crimes that can be investigated as effectively cedures that result in slightly different solvability factors. The
by patrol as by criminal investigators. Conversely, primary factors are as follows:
investigations that require more time, specialized skill, 1. Immediate availability of witnesses
and effort are handled by trained criminal investigators.
2. Name(s) of the suspect
d In rare cases, the police officer may be given
3. Information about the suspect’s location
responsibility for the entire investigative process. In these
situations, the patrol officer carries out all investigative 4. Information about the suspect’s description
functions. Investigators, if there are any, perform as 5. Information about the suspect’s identification
consultants to the patrol officers. 6. Information about the suspect’s vehicle and vehicle
For the most part, police administrators agree that these movement
changes in the patrol officers’ role have produced a number of 7. Information about traceable property
benefits, including the following: 8. Information about significant MO
d The cases are handled completely and expeditiously. 9. Information about significant physical evidence
d Relationships and communications between patrol 10. Discovery of useful physical evidence
officers and investigators have improved. 11. Judgment by the patrol officer that there is sufficient
d The frequency of morale problems among patrol officers information available to conclude that anyone other
has decreased, and the decrease is attributable to the than the suspect could not have committed the crime
officers’ belief that their skills are being better used in the 12. Judgment by the patrol officer on case disposition.
investigative process. If the officer believes there is enough information
d An increase in investigator productivity has resulted from available and with a reasonable investment of
a lighter caseload, which produced more time to focus investigative effort the probability of the case solution
investigative resources on specific high-profile cases. is high, then the investigation should be continued
d There is better management of the entire investigative
From an investigative standpoint, these 12 structured ques-
effort by the police administrator. tions serve to define what the patrol officer should accomplish.
By directing his or her activities to areas of inquiry that are the
most promising for a successful case solution, the role of the
Solvability Factors patrol officer is broadened and more effective. Furthermore,
A police department’s reporting system and the investigative role utilization of the solvability factors emphasizes the importance
of patrol officers are inextricably bound. The redefining of the of a thorough initial investigation even when it is being turned
role of patrol officer is intended to ensure that evidence support- over for a continuing investigation. The patrol officer has pro-
ing the continual investigation or case closure is collected at the vided the direction of the investigation, up to this point.
earliest possible point in the investigative process. This reporting In summary, the expanded role of patrol officers in recent
system serves as the foundation for the criminal investigation. years has meant increased efficiency and effectiveness in policing
The reporting system is defined by two basic components, in general and criminal investigation specifically. It has also served
which in combination form the basis for an initial investiga- to enlighten those who serve the community in the capacity as
tion. The first is a format that logically guides the identification patrol officers and to make them more aware of their important
of leads, or solvability factors, that experience and research role as first responders to crime scenes and as the police depart-
have demonstrated are most likely to result in case solution. ment’s eyes and ears on the street. In their role as first responders
The second provides an opportunity for details of the investiga- to crime scenes, patrol officers have many specific duties. These
tion thus far expended so the follow-up plans do not unneces- duties are encompassed in a process known as the preliminary
sarily duplicate tasks already completed. investigation (discussed in greater detail in Chapter 3).
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T I GAT ION 23

C R IMIN A L IN V E S T I G AT I O N I N P R AC T I C E

Tracking Serial Killers

The case of the Golden State Killer, discussed at the chapter Administrators must look beyond the traditional method
opener, illustrates the complexity and challenge of tracking of assigning the next available investigators regardless of
a suspected killer. This is no small task for the criminal inves- skill or assigning investigators who have no desire to be in-
tigator. In that case, a series of rapes in an old gold mining volved in a major case. Consequently, law enforcement ad-
area east of Sacramento in 1976 were first linked by the au- ministrators must assign the most qualified investigator(s) to
thorities for their geographic proximity, the similar descrip- lead the current case.
tion of the rapist—a white male with blond hair who was just The lead investigator(s) must have the experience, dedi-
under six feet tall—and the peculiar and cruel rituals that he cation, and tenacity to direct all aspects of the investigation.
inflicted on his victims. His victims included women home Attention to detail is key. In serial murder investigations,
alone and women at home with their children. The suspect such as in the Golden State Killer murders, the lead inves-
went on to rape women with their husbands present and tigators must handle all crime scene activities and related
then murder them both. He is also thought to have burglar- leads, as each incident may be interwoven. It is the respon-
ized more than 120 homes. The Golden State Killer raped sibility of the lead investigators or the lead control investiga-
and murdered victims across California in an era before the tor to ensure relevant information is distributed to all officers
Internet, cell phones, Google searches, and social media. It working on the case.
was a time when the police relied on shoe leather. But it was Common to most missing persons and serial investiga-
technology that ultimately caught him. tions is the need to establish a computerized information
Criminal investigators used DNA from crime scenes management system to track tips and leads in the case. All
that had been stored for years and plugged in the genetic personnel should be familiar with its operation.
profile of the suspected assailant into an online genealogy Sufficient manpower is also essential to successfully in-
database, GEDmatch. In doing so, investigators identified vestigate and prosecute the case. That said, more investiga-
distant relatives of Mr. DeAngelo and, despite his years of tors is not necessarily better. A small group of experienced
eluding the authorities, literally traced their DNA to his front homicide investigators, under the direction of the lead
door by seeking a person that was the right age and living investigator(s), could be far more effective than a large num-
in the area. ber of less experienced investigators or investigators who
The prominent companies in commercial DNA testing in- are experienced in different areas of criminal investigation.
clude 23andMe and AncestryDNA. These companies extract
• Daily briefings are essential for investigators, especially
genetic profiles from the saliva that customers send to them
when there are different work shifts. Periodic summary
in a tube by mail. It would not be easy for law enforcement
briefings are also necessary for managers and patrol
to upload a profile to one of those sites. In recent years nu-
officers. These can be accomplished via e-mails or at roll
merous smaller genealogical websites have emerged giv-
call and should be conducted by investigative personnel.
ing customers more avenues to upload a DNA profile and
search for relatives. • Communication on the operational level is paramount,
Some civil rights advocates argue that if law enforcement especially in task force investigations and when serial
locates a suspect through a genealogy site, it could raise murder cases involve multiple states. As all information
ethical issues. This is especially so if individuals did not con- must be shared seamlessly, teleconferences may not
sent to having their genetic profiles searched against crime sufficiently allow for the flow of information. Face-to-face
scene evidence. Following the arrest of the Golden State case briefings are suggested.
Killer, GEDmatch made a public statement that it had in- • Submitting ViCAP reports on solved and unsolved
formed those who used its site that the genetic information murders, attempted murders, and sexual assaults
could be used for other purposes. for inclusion in the ViCAP database is strongly
An effective and reliable investigative model identifies recommended and may facilitate the linkage of unknown
a lead investigator and co-investigator, who, regardless of related cases for law enforcement agencies.
rank, are given complete control of the investigation. These
investigators review all incoming information, collate the While law enforcement attracts positive individuals with
information, and assign leads to other investigators. If the strong personalities, management should encourage all in-
flow of incoming information becomes unmanageable due volved personnel to leave their “egos” at the door. This en-
to an excessive influx of investigative tips (as often hap- sures that personality differences among investigators do not
pens), the lead investigators can delegate this responsibil- become a distraction to the investigation. Investigators who
ity to an experienced investigator, who will act as a lead lack the ability to collaborate with colleagues can hinder the in-
control officer. vestigation and should not be assigned to investigative teams.
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24 CHAPTER 1 • F O UN D A TIO N S A N D HISTO R Y OF C R I MI N AL I N V E S T I G AT I ON

Summary Checklist
This chapter essentially gives you, the reader, a look 2. How have the roots of our criminal justice heri-
at the foundations of modern criminal investigation. tage impacted our current system of criminal
See how well you are able to answer the following investigation?
questions in your checklist. As with other aspects of American culture, the police
1. Why are the lines between the romance and real- criminal investigative process originated in England.
ity of crime solving often blurred? It began with the Bow Street Runners, the London
Metropolitan Police, and Scotland Yard.
For generations, people have been fascinated with
crime and crime fighting. • The Bow Street Runners:
j Founded by Henry Fielding, the magistrate in
• People gather at public crime scenes to watch in-
vestigators in action Westminster, near central London
j Forerunners of a trend in policing for specializa-
• TV dramas focusing on criminal investigation and
crime solving through the use of forensic tech- tion within the police force
niques include the following: j By 1800, they were considered to be the lead-

j CSI: Crime Scene Investigation ing law enforcement organization in London


j CSI: Miami
• London Metropolitan Police:
j CSI: New York j Established in 1829 by Sir Robert Peel, the

j Elementary Home Secretary


j NCIS j England’s first paid, full-time police force

j Consisted of about 1,000 uniformed officers


• Children’s books and TV programs also frequently who were known as “bobbies” after the depart-
incorporate mysteries and the clash of good ver- ment’s founder
sus evil, such as the following:
j Officers were required to meet rigid standards
j Nancy Drew and the Hardy Boys books
of professionalism, including minimum weight
j Batman: The Dark Knight Rises and height requirements and standards of lit-
j X-Men Origins eracy and character
j Kim Possible j Detective bureau created in 1842

j Ben 10
• Scotland Yard:
j Power Puff Girls
j Scotland Yard was created 10 years after the

• Notorious outlaw gangs of the Old West have establishment of the Metropolitan Police
fascinated people for decades, including the Department.
following: Early beginnings of policing in the United States:
j The Younger brothers • First professional police forces in the United
j The Dalton Gang States were established in Boston, New York, and
j Jesse James Philadelphia in the mid-1800s
• By the 1870s, almost all major cities in the United
• Famous fictional detectives that have per- States had municipal police departments
petuated the detective mystique include the
following: During the mid-nineteenth century, three significant
elements had an impact on criminal investigation:
j Sherlock Holmes
• Municipal police were supplemented by the
j Hercule Poirot county sheriff in rural areas
j Mike Hammer • The Texas Rangers were established (before
However, these popular portrayals frequently mis- Texas became a state)
state or distort the realities of the investigative pro- • Police functions were expanded with the estab-
cess and bear little resemblance to the real world of lishment of federal agencies, including the U.S.
criminal investigation. Marshal’s Service and the Secret Service
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T I GAT ION 25

The early beginnings of criminal investigation in the • The PERF study of the roles played by patrol of-
United States can also be linked to: ficers and detectives in burglary and robbery in-
vestigations found the following:
• The founding of Pinkerton’s National Detective
Agency, the first organization of its type in the jDetectives and patrol officers contribute equally
country to the resolution of burglary and robbery cases.
• The creation of the Federal Bureau of Investigation j In most cases, a period of four hours (stretched
(FBI) in 1924 over several days) is sufficient to close cases.
j 75 percent of burglary and robbery cases are
3. Describe the advancements of criminal investiga-
suspended in less than two days due to a lack
tion and the ways research has impacted criminal
of leads.
investigation.
j Detectives play a major role in follow-up work
Advances in research and science have contributed
conducted to identify and arrest suspects.
to improvements in criminal investigation. Historic
j Both detectives and patrol personnel are too
strides in criminal investigation included study in
reliant on victim information for identification
• Serology
purposes.
• Forensic dentistry
Research in crime detection is achieving a greater
• Ballistics role in the manner in which criminals are detected
Today, the American Academy of Forensic Sciences and the efficiency in which investigators can do so.
has members with a wide range of areas of exper- 4. State the objectives of criminal investigation and
tise, including the following: the role of the patrol officer in the investigative
• Pathology and biology process.
• Toxicology The primary objectives of criminal investigation are
• Criminalistics to
• Questioned documents • Detect crime
• Forensic odontology and anthropology • Locate and identify suspects
The practice of considering evidence and drawing • Locate, document, and preserve evidence
conclusions is typically accomplished through the • Arrest suspects
process of inductive and deductive reasoning. These • Recover stolen property
methods allow the investigator to make inferences re-
garding what is known about the crime and evidence • Prepare sound criminal cases for prosecution
connected to the crime. Research also plays a role Successful criminal investigators are specialists who
in helping us understand how criminal investigations focus primarily on activities related to law enforce-
can be more effective; researchers often challenge ment. Their duties include the following:
long-held opinions about criminal investigation and
make practical recommendations for improvement. • Gathering crime information
Research into criminal investigation includes: • Making arrests
• The RAND Corporation study of criminal investi- • Preparing cases for prosecution and trial
gations of index crimes led to a number of impor- Every official police action conducted by a patrol
tant policy recommendations. These included the officer involves some degree of investigation. The
following suggestions: role of the patrol officer in the investigative process
j Post-arrest activities should be coordinated has expanded in recent years. New responsibilities
more closely with the prosecutor’s office. include the following:
j The investigative role of patrol officers should
• Providing immediate assistance to victims
be expanded.
• Locating witnesses
j Additional resources should be established to
• Interviewing victims and witnesses
process, organize, and search for latent prints.
j Investigators distinguish between cases that
• Recording information about the crime scene
can be handled clerically and those that require A police officer may be given responsibility for the
specially trained investigators. entire investigative process of a case.
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26 CHAPTER 1 • F O UN D A TIO N S A N D HISTO R Y OF C R I MI N AL I N V E S T I G AT I ON

5. Identify the different types and modes of • Infractions of civil law


investigations. • Vice (drug and organized crime activity)
Criminal investigations can be reactive, proactive,
or preventive in nature. The investigator must also 6. Describe the “investigative biases” that can be
confront investigation in several areas in the course problematic for a criminal investigator.
of their duties. Modes of investigation include the Failures in the investigative process can have seri-
following: ous consequences. Unsolved crimes, unsuccessful
prosecutions, unpunished offenders, and wrongful
• Reactive
convictions bring into question the integrity of the in-
• Proactive vestigative process in particular and law enforcement
• Preventive in general. Investigative biases include the following:
Types of investigation can include the following: • Belief perseverance
• Personal background—to determine a person’s • Heuristics
suitability for appointment to sensitive public trust • Anchoring
positions • Tunnel vision
• Suspected violations of criminal law • Availability

Key Terms
abduction field operations proactive response
Allan Pinkerton forensic dentistry Prohibition
belief perseverance gambling proof
Bertillon system heuristics reactive response
bobbies inductive reasoning rogues’ gallery
bootlegging John Edgar Hoover Scotland Yard
Bow Street Runners London Metropolitan Police serology
constable misdemeanor Sir Robert Peel
crime Pinkerton National Detective solvability factors
CSI effect Agency Texas Rangers
deductive reasoning preventive response thief catchers
Federal Bureau of Investigation private eye vice
(FBI) proactive patrol William J. Herschel

Discussion Questions
1. Discuss ways in which the media have affected our 6. Explain the differences between reactive,
perceptions of criminal investigation. proactive, and preventive responses to criminal
2. Explain how our English heritage affected the investigations.
beginnings of criminal investigation in America. 7. Discuss the role of the criminal investigator.
3. Describe the “CSI effect” and how it differs from the 8. Explain the ways in which patrol officers may be
reality of forensic science. used to increase the efficiency and effectiveness of
4. Discuss the ways in which research into criminal criminal investigations.
investigation has increased our understanding of 9. List and discuss investigative biases that may
how criminal investigations can be more effective. develop in a criminal investigation.
5. Compare and contrast the processes of deductive
and inductive reasoning and describe challenges to
these processes.
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CHA PTE R 1 • F OU N D AT I ON S AN D H I S T OR Y OF C R I MI N AL I N V E S T I GAT ION 27

Endnotes
1 21
The Economist. (2010). The CSI Effect 395(8679):77–78. Begley, S. (2005). People believe a fact that fits their views
2
Ibid. even if it’s clearly false. Science Journal, February 4, Sec.
3
Ibid. B, P. 1.
4 22
Toobin, J. (2007). The CSI effect. The New Yorker, May 7, Sahacter, D. L. (2001). The seven sins of memory: How the
83(11):30–35. mind forgets and remembers. Boston, MA: Houghton
5
Ibid. Miffin.
6 23
The Economist. (2010). The CSI effect. Miller, G. A. (1956). The magical number seven, plus or
7
Johnson, H. A. (1988). History of criminal justice. Cincinnati, minus 2: Some limits on our capacity for processing infor-
OH: Anderson. mation. The Psychological Review 63:81–97.
8 24
Savant, J. (1973). La vie aventureuse de Vidocq. Paris: Kahneman, D. (2003). A perspective on judgment and
Librairie Hachette, p. 299. choice: Mapping bounded rationality. American
9
Stead, J. P. (1954). Vidocq: A biography, 4th ed. London: Psychologist 58:697–720.
25
Staples Press, January, p. 247. Meyers, D. (2002). Intuition: Its powers and perils.
10
Emsley, C. and H. Shpayer-Makov (2006). Police detectives New Haven, CT: Yale University Press.
26
in history, 1750–1950. Aldershot: Ashgate Publishing. Kahneman, D., P. Slovic, and A. Tversky, eds. (1982).
11
Morton, J. (2004). The first detective: The life and revolu- Judgment under uncertainty: Heuristics and biases.
tionary times of Vidocq: Criminal, Spy and private eye. Cambridge, MA: Cambridge University Press.
27
New York: Overlook Press. Ibid.
12 28
Ibid. Tversky, A. and D. Kahneman. (1981). The framing of deci-
13
Stead (1954), Vidocq. sions and the psychology of choice. Science 211:453–458.
14 29
Found at Texas Department of Public Safety. Available Fisher, A. and M. Scriven. (1997). Critical thinking: Its
at https://www.txdps.state.tx.us/TexasRangers/ definition and assessment. Center for Research in Critical
HistoricalDevelopment.htm. Accessed on December 24, 2014. Thinking (UK)/Edgepress (US).
15 30
Greenwood, P. (1979). The Rand criminal investigation Glaser, E. M. (1941). An experiment in the development of
study: Its findings and impacts to date, July. critical thinking. Teacher’s College, New York: Columbia
16
Ibid. University.
17 31
Block, P. and D. Weidman. (1975). Managing criminal in- Newton. (1999). Rules for the study of natural philosophy.
vestigations: Perspective package. Washington, DC: U.S. From the General Scholium, which follows Book 3, The
Government Printing Office; Greenberg, B., C. V. Ellion, system of the world, 794–796.
32
L. P. Kraft, and H. S. Proctor. (1977). Felony decision National Institute of Justice. (2000). Crime scene inves-
model: An analysis of investigative elements of informa- tigation: A guide for law enforcement research report.
tion. Washington, DC: U.S. Government Printing Office. U.S. Department of Justice Office of Justice Programs,
18
Eck, J. (1983). Solving crimes: The investigation of burglary January, p. 11.
33
and robbery. Washington, DC: Police Executive Research Goldstein, H. (1977). Policing a free society. Cambridge,
Forum. MA: Ballinger, p. 1.
19 34
Nordby, J. J. (2002). Dead reckoning: The art of forensic More, H. (1988). Critical issues in law enforcement, 4th ed.
detection. Boca Raton, FL: CRC Press. Cincinnati, OH: Anderson.
20 35
Heuer, R. J. (1999). Psychology of Intelligence analysis. National Institute of Justice. (1987). Investigators who per-
Washington, DC: Central Intelligence Agency, Center for form well. Washington, DC: U.S. Department of Justice,
the Study of Intelligence. September.
We Don’t reply in this website, you need to contact by email for all chapters
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