The Book Flashcards

(41 cards)

0
Q

The results of a criminal investigation, if successful, will answer the following questions? (7 answers)

A
  1. Did a criminal violation described by code or statute occur?
  2. Where, what time and date did the crime occur?
  3. Who are the individuals involved in the planning, execution, and after effects of the violation?
  4. Is a witness to the criminal activity present?
  5. Is there evidence of the criminal offense?
  6. In what manner or by what method was the crime perpetrated?
  7. Is there an indication of guilt or innocence to aid judicial officials in determining a just solution to the case?
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1
Q

A logical, objective, legal inquiry involving a possible criminal activity.

A

Criminal Investigation

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2
Q

What elements form the foundation of the critical thinking process?

A
  1. Differentiating between fact and opinion
  2. Determining cause and effect relationships
  3. Determining the accuracy and completeness of information presented.
  4. Recognizing logical fallacies and faulty reasoning
  5. Developing inferential skills through deductive or inductive reasoning.
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3
Q

What are the two methods of reasoning?

A

Deductive and inductive

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4
Q

This form of reasoning forms a general conclusion prior to having a complete explanation based on facts.

A

Deductive method

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5
Q

Immediate apprehension or cognition-quick and ready insight without the conscious use of reasoning.

A

Intuition

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6
Q

Defined as the practical normative study of the righteousness or wrongness of human conduct.

A

Investigative ethics

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7
Q

Criminal investigators can be classified into 3 basic types…

A

Police, public, private investigators

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8
Q

A law enforcement officer working toward the resolution of a criminal matter through investigative action

A

Police Investigator

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9
Q

During the “investigative method” a complete statement of the problem is…..

A

Identify, locate, arrest, obtain evidence, and recover stolen property in a thorough legal manner designed to ensure the greatest probability of justice.

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10
Q

The five stages of the scientific (investigative) method

A
  1. State the problem
  2. Form the hypothesis
  3. Observe and experiment
  4. Interpret the data
  5. Draw conclusions
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11
Q

To construct an explanation for an occurrence

A

Hypothesis

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12
Q

Defined as that which causes a person to act in a certain manner.

A

Motive

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13
Q

In forming a hypothesis this factor determines if a given suspect could have been physically present during the commission of the criminal activity.

A

Opportunity factor

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14
Q

The least useful factor in forming a hypothesis ……..

A

Means to perpetrate the crime

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15
Q

The third phase of the scientific method requires………and ……….

A

Observation and experimentation

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16
Q

The final step of the scientific (investigative) method …….

A

Draw a conclusion

17
Q

A conclusion is defined as

A

A judgment, or a summing up of the hypothesis relating to the original problem.

18
Q

The investigator must have the capability to analyze acquired evidence to determine whether it will e legally admissible in a criminal trial…..this is necessary for three reasons

A
  1. To evaluate the importance of evidence obtained by others
  2. To obtain evidence properly during the continuing investigation
  3. To assist the prosecuting attorney
19
Q

Anything properly admissible in a court that will aid the function of a criminal proceeding in establishing guilt or innocence.

20
Q

Evidence serves two very important and different functions

A

Inculpatory evidence and exculpatory evidence

21
Q

Inculpatory evidence

A

Is incriminating, for it tends to establish guilt

22
Q

Exculpatory evidence

A

Exonerates, or clears a person of blame or legal guilt

23
Q

This type of evidence is important in a criminal trial and will normally prove a fact without support.

A

Direct evidence

24
This evidence does not directly prove a fact at issue but may establish a strong inference as to the truth of that fact. It is generally added to other evidence and may or may not be used at trial
Circumstantial (indirect) evidence
25
Evidence that can be any kind of object associated with the investigation, but it must be a physical, tangible item, unlike other forms of evidence that may result from sensory observations or inferences
Physical (real) evidence
26
Similar to real evidence ...it must be physical in nature it need not be the actual item but an acceptable representation of the item.
Documentary evidence
27
How many types of evidence are there?
Four
28
What are the four types of evidence?
1. Direct evidence 2. Circumstantial evidence 3. Physical evidence 4. Documentary evidence
29
The rule of evidence of evidence admissibility provides three standards (tests of suitability) if the evidence will be allowed to be used in the case....
Evidence must be competent, relevant, and material to be held admissible
30
Responsible evidence, sufficient to prove a fact has bearing on a case.
Competent evidence. It can pertain to physical items, documents and people
31
Evidence which pertains and relates directly to the matter under consideration.
Relevant evidence
32
Violation of constitutional rights
Exclusionary rule
33
The body of the crime -the fact necessary to prove that the crime was committed.
Corpus delicti rule
34
Phases of the criminal investigation
Preliminary investigation In-depth investigation Concluding investigation
35
Majority of crimes processed by investigators are reported by
Either victims or witnesses
36
3 phases of how a criminal investigation is begun
Reported by victims or witnesses Self initiation Patrol observation
37
Field notes aid the investigator in the following way
1. They serve as the factual foundation for the report 2. They serve as memory aids 3. They enhance the credibility of the officer and the report
38
Careful note taking will provide specific information in regard to the following areas of investigative importance (6)
1. Location and time of offense 2. Names and identifying data of victims, witnesses, or suspects 3. Verbatim statements 4. Property and injury listings 5. Investigative data and method of operation 6. Crime scene recording
39
Notes should be.....
Legible and orderly in appearance and organization
40
A professionally written law enforcement report can be thought of as containing 5 essential elements.....(5 c's)
1. Completeness 2. Conciseness 3. Clearness 4. Correctness 5. Courteousness or fairness