Criminal Investigation The Art and The Science, 9e Michael Lyman
Criminal Investigation The Art and The Science, 9e Michael Lyman
Criminal Investigation The Art and The Science, 9e Michael Lyman
CRIMINAL
INVESTIGATION
Ninth Edition
Michael D. Lyman
Columbia College of Missouri
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1 18
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
CONTENTS
Preface xxvii
Acknowledgments xxxi
vii
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viii CONTENTS
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x CONTENTS
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C ONT ENT S xix
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
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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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
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
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
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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
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
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
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
(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.
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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
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
□
✓ 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
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
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
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 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
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.
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