Criminal Investigation

TWENTY-ONE
The Investigator and The Legal System

eighth edition

Swanson Chamelin Territo

McGraw-Hill
2003, The McGraw-Hill Companies, Inc. All rights reserved.

LEARNING OBJECTIVES
Distinguish between detention, arrest, and charging Explain the benefit of a police officer=s making an arrest under the authority of a warrant Define and describe probable cause Discuss the risk factors involved in making a premature arrest Briefly outline the steps in a trial process Assess the importance of a criminal investigators knowing the rules of evidence Describe the hearsay rule and the philosophy under which the exception to this rule have evolved Explain the reason for the existence of evidentiary privileges Discuss the role of an investigator as a witness in a criminal trial Explain the purpose of cross-examination
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ARREST
The process of taking a person into legal custody to answer a criminal charge

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ARRESTS, DETENTION, CHARGING

There are three essential ingredients of an arrest:
Intention Authority Custody

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ARRESTS, DETENTION, CHARGING (cont'd)

Arrest Distinguished from Detention. Detention is a temporary and limited interference with the freedom of a person for investigative purposes. Arrest Distinguished from Charging. Formally charging a suspect with a crime does not automatically flow from an arrest. Charging follows a decision to prosecute.

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ARRESTS, DETENTION, CHARGING (cont'd)

When circumstances allow this is the preferred method of arrest Warrants must be approved by a judge Arrest warrants are considered a judicial order

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ARRESTS, DETENTION, CHARGING (cont'd)

Prior approval by a judge relieves the police of proving the legality of the arrest Prior approval also provides an independent evaluation of evidence

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PROBABLE CAUSE
A condition in which an officer has suspicion about an individual and knowledge of facts and circumstances that would lead a reasonable person to believe that a crime has been, is being, or is about to be committed

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FRONT OF AN ARREST WARRANT

Note the arrest warrant includes:
The name of the officer authorized to execute it The applicable statute(s) The name of the person to be arrested The judges name

(Source: Courtesy Geauga County, Ohio, Sheriffs Department)

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EVALUATING THE CASE

Investigators must consider risk factors in deciding when to arrest
Whether the suspect will flee if allowed to remain free The potential danger to others if the suspect is free Hardships imposed on the suspect by early incarceration

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STEPS IN THE TRIAL PROCESS

Investigators seldom get to attend a full trial As a result they may not be fully aware of all the steps including:
Direct examinations Cross examinations Redirect examinations Recross examination Rebuttal Surrebuttal Closing arguments

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KNOWING RULES OF EVIDENCE

Criminal investigators need a good working knowledge of rules of evidence The are responsible for collecting and preserving evidence for use by prosecutors They must be able to distinguish between:
Factual material that is admissible in court and, That which is worthless as evidence

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EVIDENCE
Anything that tends logically to prove or disprove a fact at issue in a judicial case or controversy

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PROOF
The combination of all the evidence in determining the guilt or innocence of a person accused of a crime

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THE RELATION OF EVIDENCE AND PROOF

In this pie diagram:
Slices of the pie are matters of evidence The entire pie might constitute proof of guilt

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JUDICIAL NOTICE
The doctrine of judicial notice is an evidentiary shortcut. Judicial notice is designed to speed up the trial and eliminate the necessity of formally proving the truth of a particular matter when the truth is not in dispute.

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TYPES OF EVIDENCE
Direct Evidence
Direct evidence usually is the testimony of witnesses that ties the defendant directly to the commission of the crime

Real Evidence
Sometimes referred to as physical evidence, real evidence is connected with the commission of the crime and can be produced in court

Demonstrative Evidence
Demonstrative, or illustrative evidence consists of maps, diagrams, sketches, photographs, tape recordings, videotapes, X-rays, and visual tests and demonstrations produced to assist witnesses in explaining their testimony
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TYPES OF EVIDENCE (cont'd)

Circumstantial Evidence
The broad definition of circumstantial evidence encompasses all evidence other than direct evidence, provided that it logically relates the defendant to the crime

Opinion Evidence
Matters of description in which a nonexpert may give an opinion include color, size, shape, speed, mental condition, identity, race, and language

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THE INTRODUCTION OF DEMONSTRATIVE EVIDENCE AT TRIAL Demonstration evidence includes items such as:
maps diagrams sketches photos tape recordings

(Courtesy Los Angeles County Sheriffs Department)

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EXPERT WITNESS
A person who is called to testify in court because of his or her special skills or knowledge; permitted to interpret facts and give opinions about their significance to facilitate jurors understanding of complex or technical matters

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HEARSAY EVIDENCE
The fact that stories tend to be changed when they are repeated makes their reliability and truthfulness questionable. For this reason, the hearsay rule was created. Hearsay is derived from heard say

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EXCEPTIONS TO THE HEARSAY RULE

If the circumstances surrounding the hearsay evidence can ensure a high degree of trustworthiness and reliability, that evidence is admissible as an exception to the rule in order to minimize any injustice
Confessions Admissions Spontaneous and Excited Utterances Dying Declarations Former Testimony

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EVIDENTIARY PRIVILEGES
Defendants and other witnesses have a right to have certain matters of communication barred from disclosure in court
Confidential communications between husband and wife Confidential communications between attorney and client Grand jury proceedings that are confidential requirements of law are barred

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THE ROLE OF THE POLICE WITNESS

The investigator must inform the jury of the matters investigated in the case The investigator presents this information so that the jury understands the sequence events and their significance The investigator may not offer personal conclusions

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