Criminal Justice Textbook Notes: Investigations, Evidence, and Legal Procedures

**[Criminal investigation]**- a process of collecting crime related information to reach a certain goal How the prosecution, police formulates a case and takes it beginning to end **[Steps of criminal investigation ]** Process of collecting crime related information goals **[GOALS OF CI]** Be...

**[Criminal investigation]**- a process of collecting crime related information to reach a certain goal How the prosecution, police formulates a case and takes it beginning to end **[Steps of criminal investigation ]** Process of collecting crime related information goals **[GOALS OF CI]** Being given the ability to establish if a crime has occurred Find the people that are responsible for committing the crime Create a case that has proof beyond a reasonable doubt in court **[Criminal Evidence]**- is supposed knowledge that relates to a crime or a perpetrator This may include witnesses, testimonies, Difference between criminal evidence and forensics science is the study or field of science that addresses legal questions such as fingerprints or DNA evidence **[3 types of problems with evidence ]** Relevance - nothing to do with connecting the perpetrators to crime Accuracy -Eye witness mis identifies someone, mis identifying fingerprints, Quality - always an issue, overwhelming amount of evidence sometimes, may not have any at all **[4 stages of investigation ]** Reactive stage- 1. 2. Follow up stage- 1. 2. 3. **[Case screening ]** - - - - - **[Proactive cases]** Include drugs, prostitution, undercover, human trafficking, terroism, Proactive- reaction before the crime has occurred Reactive- criminal commits crime police respond Undercover operation include police sting operations **Stakeout**- includes police watching a particular place and are static and staying in place **Surveillance**- means you're following around a certain person Isn't illegal due to no expectation of privacy in the public **Entrapment**- The police cause someone to commit a crime, occurs when they induce somebody to commit a crime when their not predispose to committing **Sting Operation-** An investigator posing as someone who wishes to buy or sell some illicit goods (such as drugs or sex) or to execute some other sort of illicit transaction. Once a seller or buyer is identified and the particulars of the illicit transaction are determined, police officers waiting nearby can make an arrest **Decoy operation:** A police strategy in which undercover police attempt to attract criminal behavior **Undercover fencing operation:** A police strategy in which undercover police buy or sell stolen property. **[Types of mental mistakes ]** 1. Ex. Murder occurs in Costa Mesa, knows only one person from there, that person must be the suspect. Purely coincidence 2. a. 3. b. 4. c. 5. d. 6. e. Keeping an open mind can help law enforcement prevent these issues 3 components of criminal justice system 1. 2. 3. **[Video ]** 1. **[CH.1 Textbook notes]** **Process of collecting-** the activities performed by the patrol officers, detectives, or other investigators who are responsible for the investigation **Crime Solved meaning**- A crime is cleared by arrest when three specific conditions have been met: At least one person has been (1) arrested, (2) charged with the commission of the offense, and (3) turned over to the court for prosecution (whether following arrest, court summons, or police notice). However, an actual conviction in court of the person arrested is not necessary for a crime to be cleared. - - **[REACTIVE INVESTIGATION STAGES ]** \(1) the discovery of the crime and the police response \(2) the preliminary or initial investigation \(3) the follow-up investigation \(4) closure. With regard to the first stage I**nformation theory**: The idea that the criminal investigation process is a battle between the police and the perpetrator over evidence of the crime. - - - **[Qualities ]** - - - - - - - - - - **MAIN POINTS** - - - - - - - - - - - - - **[CH 2. ]** **Parliamentary reward**: you are being given money for turning someone in or giving information **Informative**: Somebody that is providing information on things such as gang activity, drugs, crime related Motivation for this is - - - - - - **Thief taker**: person hired by the victim of the crime to obtain the stolen property and bring the criminal justice **Thief maker:** person who tricks people into committing crimes then turns them in for the parliamentary reward The early remnants of the early investigation was the slave patrol - - - **Rogues gallery:** collection of photographs for known criminals in the area - **Drag net:** Go out round people up and question - - **3rd Degree:** A brutal form of interrogation that involves physical harm **Bureau of investigation**: former prescient of the FBI - Private detectives: people hired their own detectives to solve their investigations, and arrest people - - - Prominent police detective agency is the pinkertons as they have been around for a while **[CH 3 ]** **Judicial Evidence**: Evidence that is presented in court to prove or disprove a fact The goal as an investigator is to gain evidence that's admissionable for court **[COMMON RULES OF EVIDENCE]** - - **Fruit of poisonous tree** If a car is searched illegally without a warrant, the evidence found in that car does not count as evidence, as it's considered poisonous **Hearsay**: If someone is told evidence and they proceed to call that as evidence **Brady Evidence:** Evidence that is not helpful to the prosecution because it hurts it **Extra judicial evidence**: Evidence that's not admissible in court but it could be used to help an investigative team - **Exculpatory**: Evidence that excludes the person from the crime Examples include - - - **Inculpatory**: Evidence that shows the suspect is the person from crime Examples include - - - - Burden of proof always on government, Defense doesn't have to do anything and the judge is neutral **Burden of Proof** Puprancy of evidence - - - Reasonable suspicion - - Probable causes - - - Beyond the reasonable doubt - - - **[Different types of evidence ]** Direct evidence - - - Indirect evidence - Motive - - - **[CH 4 ]** **Arrest**: The officer has developed a probable cause to arrest you for the suspicion of a crime **Custody**: Anytime someone is detained they are under custody( can go from minor inconveniences such as speeding to robbing a liquor store - - - Probable cause is the standard to conduct a search or arrest Factors in order to obtain warrant - - - - A federal search warrant has to show that drugs or money have been present in that location 6 months ago or it's considered stale For detectives in California law it's 14 days Probable cause must be determined by neutral and unattached state by a judge The warrant must be served immediately - - - Clearly identify the item in the warrant that has to be seized or searched - - - **Affidavit** (the facts of the warrant) - - - - For state warrants it's county by county - STOP AND FRISK IS REASONABLE SUSPICION **Exigent circumstance:** Evidence can/or is going to be destroyed, the crime is actively happening, **The vehicle exception** : A vehicle is an exception to needing a warrant to search a car as it's mobile and the law of the motor vehicle - - **Hot-pursuit exception:** If an individual is being actively pursued and they run into their house, a warrant is not needed as long as a reason is in place. - - - **Plain-view exception:** If an item is in plain view it can be deemed as admissible and grant police a search **Consent exception:** give consent for a officer to search Valid consent must be voluntary, written consent, **Knock and talk search**: Knock on the door ask to come in and look around **Acchained custody**: account for evidence that police officers receive that goes in order and processes **Exclusionary rule:** evidence obtained by law enforcement but that evidence is illegally or unlawfully obtained - Exceptions to this rule **Good faith exception**: The officer was trying to do the right thing but makes a minor mistake - **The inevitable discovery exception:** The cop messed up but not going to hold the rapist irresponsible as it the judge was going to grant a warrant either way **Miranda warning**: You do not have to incriminate yourself, when being questioned do not have to answer - - Miranda only attaches while in custody and while being asked questions regarding the crime that was committed Matt vs. Ohio, Miranda important case to learn