KRM 110 Criminology Chapter 16 PDF

Criminology: Chapter 16 Danika Le Roux TABLE OF CONTENTS Criminal Investigation.......................................................................................................................

Criminology: Chapter 16 Danika Le Roux TABLE OF CONTENTS Criminal Investigation............................................................................................................................. 2 Forensic Criminalistics............................................................................................................................. 2 The Coordinating Nature of Forensic Criminalistics................................................................................ 3 The Crime Scene as a Source of Information.......................................................................................... 3 Processing the Crime Scene.................................................................................................................... 5 Forensic Science Services Available to Criminal Investigators................................................................ 7 1 Criminology: Chapter 16 Danika Le Roux KRM 110 CHAPTER 16 Criminal Investigation → Criminal Investigation: A broad term encompassing a wide range of specialties that aim to determine how events during a criminal incident unfolded and is aimed at establishing an evidence-based fact pattern to prove the guilt or innocence of an accused person in a criminal event. When a person is caught red-handed committing a criminal act and apprehended at the scene, the criminal investigation is usually not a complex undertaking (because one has the criminal and the evidence). However, in cases where the criminal event is only discovered after the fact, or when the perpetrator is not clearly discernible, the process of criminal investigation becomes more complicated, involved, and drawn-out. The sourced of information in a criminal investigation can either be: Objective Information (indirect): The factual proof and the objective explanation thereof. It includes objects that are tangible which are presented to a court to prove or disprove a fact or issue, for example: a weapon, fingerprints, fibres, hair, bodily fluids, and digital or computer evidence. Courts are rather partial to physical evidence because they are items that can be seen, examined, and interpreted to establish the facts of a case beyond a reasonable doubt. Other names: Physical, mute, or real evidence Subjective Information (direct): Evidence that is offered by people who were directly or indirectly involved in the crime in their roles as victims or witnesses. This type of information is communicated by people who have actual knowledge of the facts of the case and is based on their sensory perceptions (taste, smell, touch, sight, hearing). Other names: Testimonial evidence Forensic Criminalistics → Revolved around expert and highly specialised laboratory examinations conducted by physicists, chemists, pharmacologists, odontologists, physiologists, and others. To arrive at a definition of forensic criminalistics, it’s important to first demarcate the field of forensic criminalistics, which incorporates close interaction between two sub-systems, namely: 2 Criminology: Chapter 16 Danika Le Roux Forensic Tactics: o Forensic tactics combine the systematic study of the methods and techniques used by the criminal in the perpetration of the crime with the techniques used by the criminal investigator to find a solution to the crime. o The operational habits of the criminals (the perpetrator’s modus operandi) tend to become stereotyped over time and the scientific study of their routine mode of conduct is an important technique to classify and identify them. Forensic Techniques: o The sub-system of criminal techniques involves the analytical methods of certain sciences and utilisation of modern technological aids, or in other words, laboratory, examinations by experts. o The core business of forensic techniques involves the analysis of objective physical clues that are tangible on a macroscope or microscope level. It is such evidence that has the potential to determine the associative connection or link between: A crime and its victims. A crime and its perpetrator, as well as. A perpetrator, the instruments used and the crime. The collection and safeguarding of these physical clues are the responsibility of the criminal investigator, while the examination and assessment thereof is the task of the expert who works in the lab. The Coordinating Nature of Forensic Criminalistics The forensic criminalist is an integrated process that includes: The identification of the criminal act and the persons involved. The field work methods and techniques of criminal investigator. Laboratory analysis by experts. The Crime Scene as a Source of Information → Lochner and Zinn insist that one should refer to the ‘scene of incident’ instead of ‘crime scene’ and that the scene is the ‘engine room’ of the entire investigation. → Scene of Incident: Area where the crime was committed and where proof of the crime can be discussed. Facts about crime scenes: The inside perimeter of a scene of incident is the main area of the scene and the outside perimeter would include entry and exit points. The scene of incident also includes the routes travelled to and from the scene. Crimes such as fraud, forgery, and extortion have no obvious fixed locations. 3  Criminology: Chapter 16 Danika Le Roux A scene of incident is inclusive of any area that may be far removed from the inside perimeter, for example a site where stolen property was disposed of. The location where a crime was planned should also be seen as part of the scene of the incident. Investigators should guard against the development of tunnel vision, which means that a distinct boundary for a scene of incident should never be established. The scene of incident is the area where an unlawful act was committed and where direct and indirect, as well as clearly noticeable and concealed proof of the unlawful act can be discovered. The scene of incident (the inner perimeter) should be thought of as a field lab where a high concentration of disputed objects is likely to be found. Scenes of incident may be found indoors, in relatively confined spaces (a house), as well as outdoors, in geographical areas that extend over vast spaces (a forest). Vehicles can also be the location of a crime. The intentional alteration of a crime scene prior to the arrival of the police is also something to consider. → A broad definition of a crime scene: It is the location of the aftermath of an event that is legally considered a crime. → Therefore, a criminal investigation begins with a criminal act and the crime scene is the starting point for any forensic investigation. → Crime scenes can be indoors or outdoors, expansive, or small, and it should be borne in mind that in violent crimes, the body of the victim is also a crime scene. When classified based on location, crime scenes can be defined as: o Primary crime scene: The location of the original or first criminal activity. o Secondary crime scene: All subsequent locations. Crime scenes and offenders are also classified as organised, disorganise, or mixed: An Organised Crime Scene: Indicated planning and premeditation on the part of the offender. The crime scene shows signs that the offender-maintained control of him/herself and the victim. A Disorganised Crime Scene: Demonstrates that the offender probably committed the crime without premeditation or planning. The crime scene indicators suggest the individual acted on impulse or in rage, or under extreme excitement. The Mixed Crime Scene: Has ingredients of both organised from both organised and disorganised crime aspects. For example, a crime may have begun as carefully planned, but deteriorated into a disorganised crime when things did not go as planned. → In SA, it’s members of the Local Criminal Record Centre (LCRC) of the SAPS who are responsible for the collection of physical clues at crime scenes. → These Crime Scene Examiners (CSE) receive in-service training by, among others, forensic analysts from the Forensic Science Lab (FSL) in the basic principles that apply to the collection of various types of evidence. 4  Criminology: Chapter 16 Danika Le Roux → It is also the CSEs who are tasked with the processing of crime scenes of fingerprints, as well as the photography, sketching, and video recording of the scene. → These officials dispatch the evidence to the FSL for analysis. → Specialized units of the FSL send out their staff to certain types of crime scenes that require the attendance of experts, such as arson investigation, ballistics, serology, and clandestine drug labs. Processing the Crime Scene 1. Securing and Isolating the Scene Securing the crime scene means that all ongoing activities inside the crime scene must stop with immediate effect and everyone must leave the crime scene to a location some distance from the scene. Once everyone has been removed from the crime scene, a physical barrier (police tape) is placed around the outside edges of the crime scene = establishing a crime scene perimeter. The 1st police official or first responder (member from the SAPS Visible Policing Division) who arrives at the scene of a crime has the responsibility to preserve and protect the area. It’s the task of the first responder to secure and protect the crime scene by adhering to the following procedures in general: Arrest the subject if he or she is present. Maintain a first responder report. Ensure that all unauthorized persons are removed from the scene. Every person who is allowed to enter a crime scene adds to the risk that potential evidence may be destroyed. Establishing an inner perimeter around the centre of the scene as well as outer perimeter. Barrier tapes are used to establish such perimeters. Protect clearly precipitable items from contamination and elements of destruction. If items must be moved at the crime scene, document such movements, and reports their original position to the investigating officer upon their arrival. Deceased persons should be delt with great care as a source of evidence. Identify secondary scenes that may have a direct connection to the primary scene, for example, a vehicle in which a suspect wanted to flee the primary scene with. Exercise strict access control to the scene. Overall access to the scene should be limited to a minimum. However, emergency responders who must attend to injured persons have right of way. Special attention should be given to the protection of suspects entry and exit points of crime scenes. Determine safe access routes to and from the crime scene that may be used by emergency services and other authorized staff. Keep media reporters out of the crime scene and ensure that no photographs or videos are taken off the scene by the media and/or public. 5  Criminology: Chapter 16 Danika Le Roux Record the particulars of all persons who may have entered the crime scene, including emergency personnel, other police officials and members of the public. Identify possible witnesses and record their details. 2. Recording the Scene Recording the scenes will remind the investigating officer of the appearance of the crime scene in its original state during the subsequent investigation + also required for presentation at the trial. Photography, video recording, audio recording, sketching, and notes are the most common methods utilised to record the crime scene permanently. 3. Conducting a Systematic Search of the Scene A subjective method entails observing and describing the crime scene as seen and experienced through the eyes of the criminal investigator. An objective method (physical searching of a crime scene) has bearing on, for example, the crisscross search of the scene or the systematic search of segments or zones of the crime scene. 4. Collecting and Packaging Physical Evidence → Contamination is a risk at crime scenes that criminal investigators must deal with. → Contamination of evidence occurs when evidence is altered to the extent that it could affect the integrity of the original item or the crime scene. Contamination can take place in any number of ways, including: Police or other 1st responders can interfere with evidence during a tactical investigative response. Suspects can interfere with the crime scene to cover up remove evidence. Victims or witnesses may handle the evidence. Animals can cause unwanted transfer of evidence or even removal of evidence through contact or consumption. Weather-related contamination can occur due to rain, wind, or snow diluting or washing away evidence. Criminal investigators may fail to follow proper crime scene management procedures and inadvertently cause contamination of items or cross contamination between items during their investigation. 5. Maintaining Continuity of Possession Every person who handled or examined the evidence must be accounted for and implies that a minimum record would show the: → Collector’s name → Location of the evidence → Date of collection 6 Criminology: Chapter 16 Danika Le Roux Similarly, the name of individuals who deliver the evidence to the lab, receive it, analyse it, place it in the safe, bring it to court, and receive it at court should be recorded. The importance of an investigating officer being ‘switched on’ by satisfying the following unassailable criteria during the investigation: Respond appropriately to situations where they must protect the life and safety of persons. Gather the max available evidence and information from pertinent people and relevant locations. Recognise the possible offence or offences being displayed by the pattern of facts. Preserve and document all evidence and information. Critically analyse all available information and evidence. Develop an effective investigative plan. Strategically act by developing reasonable grounds to either identify and arrest those responsible for criminal act, or to eliminate those who are wrongfully suspected. Forensic Science Services Available to Criminal Investigators Physical Units: Forensic experts utilise various chemical tests and modern technological aids to examine as assortment of physical (objective) crime scene evidence, such as drugs, glass, paint, explosives, and soil. Biology Units: Serologists apply their scientific knowledge to the identification and individualisation of human body fluids, such as blood, semen, sweat, and saliva. Trichology (Forensic Analysis of Hair): Criminals underestimate the value of hair and because it sheds so easily, it’s estimated that the average person loses 80-100 body hair daily. → Hair samples can be compared taking a shed sample at a crime scene to the hair from a suspect. → Investigative question that can be answered are whether a disputed sample is human or animal hair, species, racial/ethnic origin, male or female, localisation on the body and age. If the hair happens to be violently pulled out and still has root tissue, there is a possibility for more positive identification using DNA analysis. Ballistic Units (firearm): Involved in the examination of firearms, discharged bullets, cartridge cases, shotgun shells, and other ammunition. The brief of these experts is also extended to the examination of clothes and other objects to detect gunshot residue and to determine the distance from which a firearm was discharged. Disputed document units: Examine handwriting and typewriting on questioned documents to determine its authenticity and/or source. 7 Criminology: Chapter 16 Danika Le Roux Toxicology units: Experts analyse body fluids and organs. They use specialised equipment and techniques to identify and quantify substances and poisons not normally found in the human body. Latent fingerprint units: The detection, processing, and examining of latent (hidden) fingerprints. Fingerprint evidence is highly valued by the courts because it possesses all the criteria of an ideal identification medium with it being: Unique: no two fingerprints are the same. Persistent: formed 4 months after conception and remain until the body decomposes. Universal: everybody has fingerprints. Classifiable: can be classified and stores for future references. Reproducible on receptive surfaces: result of the components in perspiration. There are three basic fingerprint patterns: 1. Loops (occur in 65% of the population) 2. Whorls (occur in 35% of the population) 3. Arches (occur in 5% of the population) Fingerprints at crime scenes leave 3 broad types of impressions: 1. Plastic/Relief prints: Impressed in soft or wet surfaces, e.g., wet paint and blood. 2. Visible prints: Caused by fingers that are coated by a colour substance on a clean surface, e.g., paint, blood, or ink. 3. Latent prints: Not visible to the naked eye but hidden, they’re deposited onto receptive surfaces. Forensic Pathology: Determine the cause of death through an autopsy. Will establish the manner and time of the death. Post-mortem changes the body goes through after death. Within the first 48 hours after death the following will set in: Rigor Mortis (Hardening of the body’s muscles): Rigor Mortis (hardening of the body’s muscles): The limbs of the corpse become still and difficult to move or manipulate. It usually commences 3-4 hours post death and reaches maximum stiffness after 12 hours. Livor Mortis (Pooling of blood in the lower parts of the body): Usually the purplish discolouration of the skin following death. Once the heart starts pumping, gravity forces the blood to seep into the lower area. Algor Mortis (Cooling of the body): There is a steady decline in body temperature post death until the body temperature matches the temperature of the surroundings. 8 Criminology: Chapter 16 Danika Le Roux Forensic anthropology: is concerned with the identification and examination of human skeletal remains. Forensic odontology: brings information to when mutilated remains in an unrecognisable state are discovered. Criminal/Psychological Profiling: Information is drawn from numerous sources, such as historical crime stats of known criminals as well as evidence regarding violent criminals and their modus operandi to unravel details such as: → Victim preference, → Victim stalking/lurking tactics, → Trophy collection, → Abduction methods, → Bondage and torture proclivity, → Killing methods and posing, → Staging or displaying of a body post-mortem. Geographic profiling - aims to identify where an unknown criminal might live in relation to the locations where his or her crimes are currently being committed. Digital forensics - encompasses the recovery of, and investigation of information found in digital devices, often in relation to computer-based crimes. 9