Criminal Investigation

Running head: CRIMINAL INVESTIGATION

CRIMINAL INVESTIGATION

Author Note

Criminal investigation can be dated back to 18th century. The first founder of the criminal investigation is called Henry Fielding. Fielding started discovering a way of investigating crime. He formed a strategy called the “Bow Street Runners. As the name suggest, this strategy is where the selected volunteers are expected to run to the scenes of reported crimes and began investigation as soon as the crime is committed. He also develops the idea of “the wanted person”. Following his death, his brother took over. The brother, John Fielding introduced the idea of paying the volunteers.

• Name three men commonly recognized as one of the first detectives in the area of criminal investigations and give an overview of their contribution(s) to the field.

The second person to contribute to criminal investigation is Allan Pinkerton. He was a detective in Chicago and also served as a U.S. mail agent. He came up with an idea of private detective agency, which was based on slogan “We never sleep.” This strategy was important in the sense that it help in detection of an assassination attempt on President-elect Lincoln. The invention also assisted in controlling a discontented working class, pursuing bank and railroad robbers

The third man is Thomas Byrnes, who introduced the idea of information sharing among police departments in 1886.

Computer-aided investigation was introduced in 1994 by William Bratton. It was introduced as part of data-driven management model in the New York City. Its role was to help in decreasing crime and at the same time increasing quality of life in New York City. It is currently being implemented by other states.

• Discuss computer-aided investigation, specifically Comp-stat. Include when, where, and by whom it was implemented, the four principles it was built around, and how computers can help investigators.

By definition, thus models are used to synthesize analysis of crime and disorder data. It is also used for strategic problem solving. It is guided by four principles. The first principle is called accuracy and timely intelligence. It can arrange data to provide accurate information and identify or diagnose problem. The second principle is what is called effective tactics. It can be coded to respond fully to identify problem. The third principle is what is called rapid deployment. This implies that it can do things quickly. The last principle is called relentless follow-up and assessment. This is based on the fact that when the compstat is working, it does more job and when it is not working, it can be put into different purpose.

To understand the real purpose of a criminal investigation, it is important to determine what factors lead to the invention of criminal investigation. History reveals that criminal investigation started during agricultural and industrial revolution. It started in England and then spread to other parts of the world such as United States and other parts. According to the history, the urbanization leads to increase in crime and also brought about disorder. It was during this time that the public called for government to control crime. The government also had to promote justice. Because of this, different thinkers such as Henry Fielding started devising ways of administering justice. The history of the criminal investigation reveals that it has three major roles. The first role is to prevent crime (Hess, Orthmann, LaDue & Bennett, 2012). The second role is to promote justice and the third role is to bring order in otherwise disorderly environment. Criminal investigation can prevent crime by putting in place measures that will deter the criminals from participating in a given crime.

• What is the real purpose of a criminal investigation?

The first major goal of the criminal investigation is to find out a way in which justice can be achieved in event of crime. Before criminal investigation was discovered, it is apparent that criminals could commit crime and run away without being detected. Criminal investigation was therefore formed to ensure that when criminals participate in a given crime, the victims can be assisted by ensuring that the suspects are caught and punished accordingly.

• What are the major goals of a criminal investigation?

The other role is to reduce the incidence of crime. By detecting and apprehending the criminals, the criminal investigation would help in preventing other criminals from taking part in crime. This is because the criminal caught committing a given crime is always punished harshly to enable other learns that if they engage in a given crime, they will be caught and punished severely. Consequently, it can be said that the criminal investigation has a role of bringing justice to people and deterring crime.

Investigators should possess a number of characteristics. The first characteristics are that they should be timely in their activities. Firstly, investigators should reach the crime scene as soon as possible so that they can collect all the appropriate details because some of the evidence may get lost due to environmental factors. That is why Henry Fielding came up with an idea of Bow Street Runners where the selected volunteers are expected to run to the scenes of reported crimes and began investigation as soon as the crime is committed (Hess, Orthmann, LaDue & Bennett, 2012).

• What are some characteristics of effective investigators?

The second characteristic of an effective investigator is that he or she should be good in information sharing. It is apparent that information sharing takes a lot of weight as far as criminal investigation is concerned. This implies that a criminal investigator should be good in management of information and should share information to the right parties.

The third characteristic of an effective investigator is that he or she should possess good values and virtues. He should not be corrupt. In fact what normally curtails the investigation processes is corruption.

The type of initial statements that are made at the time of a crime, concerning and closely related to the actions involved in the crime, are called Res gestae (Hess, Orthmann, LaDue & Bennett, 2012). These statements are considered exception to the hearsay rule because they are closely associated with the facts and are therefore admissible in court. It includes what the witness observed or heard during the crime. The investigation process begins by collecting such statements before any other further investigation is conducted. They are normally recorded in the field. In addition, the person making such statements should sign or put initial besides the statements made so that there is no question of misunderstanding and also to prevent the case of a person later denying having made the statement. Other statements made later may not be as truthful as intended because they may be planned. Witnesses are expected to stick to the initial statement without altering because it may bring problems when making judgment.

• What type of statements are spontaneous statements made at the time of a crime, concerning and closely related to actions involved in the crime? They are often considered more truthful than later, planned responses.

Protection against lawsuits includes what four elements?

There are a number of elements that have been developed to protect an individual against lawsuits. One of these elements is what is called self-incrimination. Under this element, it is documented that no person accused of a crime may be forced to be witness against himself or herself. Such person may refuse to answer questions relating to the crime unless under custodial interrogation. The second element is called grand jury. This is where a group of individuals are allowed to determine whether adequate evidence exists to implicit the suspect. It protects a suspect so that he or she cannot be held without sufficient evidence. Double jeopardy is another element that is used to protect the suspect. It can achieve this by preventing the defendant from being tried for crime of which he or she already has been acquitted. It also prevents the defendant from being punished multiple times for the same offense. The last element is called due process. It states that due process must be carried out before holding the suspect liable for the crime.

What legal statute states that anyone who acts under the authority of law and who violates another person’s constitutional rights can be sued?

According to civil liability, police investigators can risk being sued if they do not act according to the constitution. It should be noted that most civil lawsuits are guided based on Statute 42 of the U.S. Code, Section 1983 (Hess, Orthmann, LaDue & Bennett, 2012). The statute is called Civil Rights Act. The statute or act was passed in 1871.

It was formed in order to prevent the abuse of constitutional rights by officers. This code or statute was formed following realization those officers of color were facing some discrimination. It was also expected to curb oppressive conduct by government and private persons partaking in vigilante groups, such as the Ku Klux Klan (Hess, Orthmann, LaDue & Bennett, 2012). According to this code, it is unlawful for anyone working under the power of state law to dispossess another person of his or her rights under the Constitution or federal law (Hess, Orthmann, LaDue & Bennett, 2012). Some of the aspects considered include dishonest arrest (or false imprisonment), spiteful prosecution, and use of excessive or irrational force (Hess, Orthmann, LaDue & Bennett, 2012).

As a police investigator, what is one of the best ways to avoid lawsuits or to defend oneself if sued?

As mentioned in the previous question, as a police officer, the best way through which one can avoid lawsuit or defending oneself if sued is if when one adhere to the provision of the Civil Rights Act. This act advices any police officer to avoid such aspects as dishonest arrest (or false imprisonment), spiteful prosecution, and use of excessive or irrational force (Hess, Orthmann, LaDue & Bennett, 2012).

Another way of avoiding lawsuits is by using operations manuals and training. These are critically important in protecting departments against lawsuits. By using such manuals, I will manage to get guidelines within which I am expected to operate. Another way of avoiding lawsuit is by adopting proper investigation procedure. For example, I should not withhold exculpatory evidence because the law considers that leaving such evidence may lead to liability for false arrest.

References

DeLorenzi, D., Shane, J.M., & Amendola, K.L. (2006). The CompStat process: Managing performance on the pathway to leadership. The Police Chief, 73 (9).

Hess, K. M., Orthmann, C. M. H., LaDue, S. E., & Bennett, W. W. (2012). Management and supervision in law enforcement. Clifton Park, NY: Delmar/Cengage Learning