Criminology CRIM 303 Theme 3 PDF

Forensic Criminology CRIM 303 Nkosingiphile Mbhele Theme 3 1 Theme four – Introduction to Behavioural Evidence Analysis Learning outcomes  Explain behavioural evidence analysis  Discuss the principles and practice standards of behavioural evidence ana...

Forensic Criminology CRIM 303 Nkosingiphile Mbhele Theme 3 1 Theme four – Introduction to Behavioural Evidence Analysis Learning outcomes  Explain behavioural evidence analysis  Discuss the principles and practice standards of behavioural evidence analysis Key readings  Chapter 5 - Turvey, B.E. (2012). Criminal Profiling: An Introduction to Behavioural Analysis. 4th ed. Elsevier: Amsterdam. 2  Key Terms  Idiographic - individual cases  Idiographic offender profiles – characteristics developed from an examination of a single case (describes an actual offender who exist in the real world)  Nomothetic - an average or prediction  Behavioural evidence analysis (BEA)  BEA is an ideo-deductive method of crime scene analysis and criminal profiling.  Primarily based on the availability of physical evidence.  It involves the examination and interpretation of physical evidence, forensic victimology and crime scene characteristics.  Can be analyzed for behavioural patterns and clusters that suggest offender characteristics of investigative or forensic relevance.  BEA is idiographic  It is deductive  BEA conclusions are meant to be the result of the most complete understanding of the events surrounding the commission of the crime  Conduct detailed examination  Guided by strict adherence to set principles and practice standards 4  Behavioural evidence  Behavioural evidence is any physical, documentary, or testimonial evidence that helps to establish whether, when or how an action has taken place.  To be useful, behavioural evidence must be examined and considered as a whole, in a directed and purposeful fashion, in order to achieve meaningful results. It cannot be guesswork, without focus, or based solely on the subjective insights of experience. 5  The inference of traits Criminal profiling is the inference of distinctive offender traits from physical and/or behavioural evidence. From the physical evidence left behind in relation to criminal activity, such as an offender’s hair and semen, the criminal profiler may deduce that the offender is a male with a particular colour of hair, or even race. From the behavioural evidence, inferences about the offender’s background, habits, and personality (offender traits) may also be possible. 6 Traits – represent individual characteristics, which are either inherited or acquired, and refer to tendencies to act or react in certain ways. Having a particular trait does not guarantee predictable performance, but an individual possessing a certain trait will be more disposed to react to a given situation in a certain way.  Trait Theory of Personality Emphasizes the consideration of an individual’s unique patterned personality traits as they change over time.  Cardinal traits are the small number of dominant, pervasive and stable traits that define an individual to others and guide the majority of their decisions  Central traits are core characteristics and behavioural tendencies that accurately describe an individual, while not consistently dominating their decision-making processes and subsequently behaviour  Secondary traits – are transitory preferences and moods, which are often situational and therefore less enduring 8  Information used to develop a BEA profile In general the information used to develop a BEA profile is drawn from at least the following individual examinations:  Forensic analysis  Forensic victimology, and  Crime scene analysis 9  Forensic analysis  It refers to the examination, testing and interpretation of any and all available physical evidence.  A thorough forensic analysis must be performed on the physical evidence to establish the corresponding behavioural evidence in a case before a BEA profile can be attempted.  This is done to establish the strengths and limits of the existing physical evidence.  This ensures the integrity of the behaviour and subsequent crime scene characteristics that are going to be analyzed by the criminal profiler. 10  Forensic victimology  The scientific study of violent crime victims for the purposes of addressing investigative and forensic questions.  It involves the accurate, critical and objective outlining of a victim’s lifestyle and circumstances, the events leading up to an inquiry, and the precise nature of any harm or loss suffered.  Establishing the characteristics of a particular offender’s victim choices can lead to inferences about fantasy, motive, modus operandi, knowledge, and skill.  Forensic victimology includes an assessment of victim risk and exposure. 11  Crime scene analysis  The analytical process of interpreting the specific features of a crime and related crime scenes.  Potential crime scene characteristics that must be established or at least considered include, method of approach, method of attack, method of control, location type, nature and sequence of sexual acts, materials used, evidence of skills or planning, any verbal activity, precautionary acts, contradictory acts, modus operandi, signature behaviour, and the amount of time spent in the commission of the crime.  Crime scene characteristics are interpreted from an integrated examination of the established behavioural evidence and victimology. 12  Behavioural evidence analysis thinking strategies  There is a common misconception about criminal profiling – that the purpose of criminal profiling is to achieve a static, inflexible result just like a clinical diagnosis.  This is based on the inaccurate belief that there is an average psychological or behavioural pattern or profile that describes a typical serial murderer, a typical rapist, or even a typical crime scene.  Profilers are unlike clinicians – there have explicit investigative and forensic goals.  Developing a criminal profile is not static and evolves over time. 13  To achieve any of the goals of behavioural evidence analysis, a criminal profiler must first and foremost be a critical, analytical thinker.  Criminal profiler must also know themselves. Life experience - Experience does not necessarily equate to practical knowledge Intuition – Believing without reason Avoid moral judgement - Personal feelings have no place in a criminal profile Common sense – Not transferable  There are 10 principles that form the fundamental truths and propositions for any given field of study  1. The principle of uniqueness  2. The principle of separation  3. The principle of behavioural dynamics  4. The principle of behavioural motivation  5. The principle of multidetermination  6. The principle of motivational dynamics  7. The principle of behavioural variance  8. The principle of unintended consequences  9. The principle of memory corruption  10. The principle of reliability  1. The principle of uniqueness No two people will develop in precisely the same fashion  2. The principle of separation Individuals have their own unique constellation of associations – independent of the profiler. Vanity profiling – the attribution of our own thoughts and motives Projection – occurs when we attribute our own unacceptable or unwanted thoughts Displacement – occurs when our minds redirects emotions from a “dangerous” object to a “safe” object  3. The principle of behavioural dynamics Offense-related behaviour, including modus operandi, is not static  4. The principle of behavioural motivation No one acts without motivation Motive-related decision are strongly influenced by emotions, mental defect and mental illness and the use of drugs and alcohol 5. The principle of multidetermination Offense related behaviour serve multiple aims and purposes A single behaviour/choice/action can result from a combination of motives  6. The principle of motivational dynamics An individual is capable of multiple motivates over the commission of multiple offenses, or even during the commission of a single offense  7. The principle of behavioural variance Different offenders can invoke the same or similar behaviour/choice/action for completely different motives This principle should preclude the profiler from assuming that a behaviour will always mean the same thing  8. The principle of unintended consequences Not all of the results of behaviour are intended Consequences are not always foreseen  9. The principle of memory corruption Witness statements are inherently unreliable Memory is not fixed Memory can be corrupted  10. The principle of reliability Results of forensic examinations, including criminal profiling, are not only as reliable as the underlying evidence and reasoning Behaviour must be reliably established  Practice standards are the fundamental rules that set the limits of evidentiary interpretation  Offer a standard for evaluating acceptable work habits and application of methods  Specifically designed to help reduce bias, employ analytical logic and the scientific method, and form hypotheses and conclusions only in accordance with the known evidence  Define minimum threshold of competency Are a safeguard against ignorance and incapacity Define a practitioner’s role Purpose is to provide independent reviewers with Outline a mechanism for the basis for checking work demonstrating their facility that purports to be competent  General accepted practice standards 1. Criminal profilers must strive diligently to avoid bias  Physical evidence cannot be wrong - only in its interpretation can there be error  This can be influenced by the examiners ignorance, imprecision, and bias on the reconstruction of physical evidence and its meaning. Observer Confirmation  Two kind of bias that objective forensic examiners need to be aware bias bias of 22  Observer bias – Described as the conscious or unconscious tendency to see or to find what one expects to see or to find Confirmation bias – Described as the conscious or unconscious tendency to affirm previous theories, opinions, or findings. 2. Criminal profilers are responsible for requesting all relevant evidence and information in order to perform an adequate victimology, crime scene analysis, or criminal profile Criminal profilers must define the scope of evidence Determine what has been made available and what is missing When profiler not able to base his findings on complete information this must be made clear as part of his/her conclusions Basic request includes Agencies that responded Crime scene documentation Investigative reports Forensic reports Medical reports and notes Medical examiner reports and notes Investigative and forensic testimony Witnesses Documentation of witness statements Victim information and history 3. Criminal profilers are responsible for determining whether the evidence they are examining is of sufficient quality to provide the basis for an adequate victimology, crime scene analysis, or criminal profile  Considerations for determining quality of evidence 1. The ability to identify the item of evidence 2. The ability to conceptually of not literally place the item back in the crime scene where it was found in relation to the other item of evidence 3. The ability to identify every person who handled the item subsequent to its collection 4. The ability to identify every test that was performed on the item 4. Criminal profilers must, whenever possible, visit the crime scene Information that may be learned:  The sights, smells, and sounds of the crime scene, as the victim and the offender may have experienced them  The spatial relationship within the scene  Observation of potential transfer evidence firsthand  Items of evidence If profiler is unable to visit the crime scene, this must be clearly reflected in his/her findings. 5. Conclusions must be provided in writing  Orally communicated conclusions are susceptible to conversions, alterations, and misrepresentations.  Written conclusions are fixed in time, are easy to reproduce, and are less susceptible to accidental or intentional conversion, alteration, and misrepresentation.  Written conclusions provide the criminal profile with the best chance to document methods, conclusions, arguments, and the underlying facts of the case. Written report should include:  A preliminary background section If a crime scene analysis or criminal  A chain of custody section profile cannot be written down in a  A descriptive section logical form – it has no value and  A results section probably wrong.  The intended users of the end result 6. Demonstrate an understanding of behavioural science, forensic science, and the scientific method Expert in the area of criminal profiling should satisfy at least the following: Undergraduate education in behavioural science Published criminal profiling literature – behavioural evidence analysis, criminal investigative analysis, and investigative psychology Published literature in the forensic sciences An approach to case work 7. Reconstruction conclusions must be based on established facts If the underlying facts have not been established through investigative documentation, crime scene documentation, the examination of physical evidence, or corroborating eyewitness testimony, than any reconstruction of those facts is not reliable or valid inference of events. 8. Conclusion must be valid inferences based on logical arguments and analytical reasoning Facts must be distinguished from opinions, conjectures, and theories Inductive hypotheses must further be delineated from deductive conclusions Conclusions must flow naturally 9. Conclusions must be reached with the assistance of the scientific method o Falsification, not validation is the cornerstone of the scientific method o Theories that have not been put to any test – should not be considered inherently valid or reliable 10. Conclusions must demonstrate an understanding of individual findings o Identification or classification is the placement of any item into a specific category of items with similar characteristics – does not imply uniqueness o Individuation is an assignment of uniqueness to an item o Separate it from all other items in the universe o Confidence statement must be qualified and discussed to the 11. Demonstrate an understanding of the conditions of transfer (Locard exchange principle and evidence dynamics) After identifying and individualising physical evidence the criminal profiler must establish the source of evidence and the conditions under which it was transferred to where it was ultimately found. 12. Conclusions must be made available through presentation or citation Data , research, and evidence must be detailed to the point where other reviewing their work may easily locate or identify it. Data, research, and evidence that cannot be duplicated or identified by the court in some fashion should not find its way into forensic conclusions. If a criminal profiler is able to meet these standards, then a minimum threshold level of professional competency has indeed been achieved.