The Book Flashcards
(41 cards)
The results of a criminal investigation, if successful, will answer the following questions? (7 answers)
- Did a criminal violation described by code or statute occur?
- Where, what time and date did the crime occur?
- Who are the individuals involved in the planning, execution, and after effects of the violation?
- Is a witness to the criminal activity present?
- Is there evidence of the criminal offense?
- In what manner or by what method was the crime perpetrated?
- Is there an indication of guilt or innocence to aid judicial officials in determining a just solution to the case?
A logical, objective, legal inquiry involving a possible criminal activity.
Criminal Investigation
What elements form the foundation of the critical thinking process?
- Differentiating between fact and opinion
- Determining cause and effect relationships
- Determining the accuracy and completeness of information presented.
- Recognizing logical fallacies and faulty reasoning
- Developing inferential skills through deductive or inductive reasoning.
What are the two methods of reasoning?
Deductive and inductive
This form of reasoning forms a general conclusion prior to having a complete explanation based on facts.
Deductive method
Immediate apprehension or cognition-quick and ready insight without the conscious use of reasoning.
Intuition
Defined as the practical normative study of the righteousness or wrongness of human conduct.
Investigative ethics
Criminal investigators can be classified into 3 basic types…
Police, public, private investigators
A law enforcement officer working toward the resolution of a criminal matter through investigative action
Police Investigator
During the “investigative method” a complete statement of the problem is…..
Identify, locate, arrest, obtain evidence, and recover stolen property in a thorough legal manner designed to ensure the greatest probability of justice.
The five stages of the scientific (investigative) method
- State the problem
- Form the hypothesis
- Observe and experiment
- Interpret the data
- Draw conclusions
To construct an explanation for an occurrence
Hypothesis
Defined as that which causes a person to act in a certain manner.
Motive
In forming a hypothesis this factor determines if a given suspect could have been physically present during the commission of the criminal activity.
Opportunity factor
The least useful factor in forming a hypothesis ……..
Means to perpetrate the crime
The third phase of the scientific method requires………and ……….
Observation and experimentation
The final step of the scientific (investigative) method …….
Draw a conclusion
A conclusion is defined as
A judgment, or a summing up of the hypothesis relating to the original problem.
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
- To evaluate the importance of evidence obtained by others
- To obtain evidence properly during the continuing investigation
- To assist the prosecuting attorney
Anything properly admissible in a court that will aid the function of a criminal proceeding in establishing guilt or innocence.
Evidence
Evidence serves two very important and different functions
Inculpatory evidence and exculpatory evidence
Inculpatory evidence
Is incriminating, for it tends to establish guilt
Exculpatory evidence
Exonerates, or clears a person of blame or legal guilt
This type of evidence is important in a criminal trial and will normally prove a fact without support.
Direct evidence