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Criminal Investigation : A Method for Reconstructing the Past,9781593459604
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Criminal Investigation : A Method for Reconstructing the Past

by ;
Edition:
4th
ISBN13:

9781593459604

ISBN10:
1593459602
Format:
Package
Pub. Date:
1/1/2004
Publisher(s):
Lexis Nexis Matthew Bender
List Price: $79.95
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Author Biography

James W. Osterburg has long been involved in the criminal investigation process, actively engaged in the functions of teaching, research, and public service. For 20 years, Osterburg served as a sworn member of the New York City Police Department (NYPD), where he assisted in the investigation of thousands of serious crimes. He has testified in municipal, state, and federal courts on numerous occasions, and taught at the NYPD Police Academy. His academic affiliations include professorships at the University of Illinois at Chicago, Indiana University, the University of California--Berkeley, the Baruch School of Public Administration at the City College of New York, and Sam Houston State University (as Beto Professor of Criminal Justice). A frequent participant in educational symposia, he has discussed criminal investigation, criminalistics, fingerprint characteristics, and scientific evidence. The author of two books on criminalistics and scientific investigations, Osterburg is a regular contributor of chapters, sections, articles, and book reviews. His articles have been published in a variety of scholarly journals, including the Journal of Criminal Law, Criminology, and Police Science; the Journal of the Forensic Sciences; the Journal of the American Statistical Association; and the Journal of Police Science and Administration. A fellow and past president of the American Academy of Forensic Sciences, Osterburg served on the ad hoc committee appointed by the President of the Academy to review the homicide of Robert F. Kennedy and to help resolve the controversy that arose subsequent to the conviction of Sirhan B. Sirhan regarding some of the firearms evidence. Osterburg has been a consultant to the State Department, the Department of Justice, and the Stanford Research Institute. Richard H. Ward is Dean and Director of the Criminal Justice Center, Sam Houston State University. Prior to this appointment, Ward was Vice Chancellor for Administration and on the faculty of the University of Illinois at Chicago. Previously he served as Vice President of John Jay College of Criminal Justice at the City University of New York. He began his criminal justice career following four years in the U.S. Marine Corps and served as a detective with the New York City Police Department. Ward is the author of many books and articles--primarily on the subjects of terrorism, police corruption, and criminal investigation. He was a founder of Law Enforcement News and Crime and Justice International. Ward has lectured at the FBI Academy and has been a visiting lecturer on crime and the media in Columbia University's School of Journalism and at Baylor University. He has been a consultant to numerous police departments in the United States and to numerous international law enforcement and criminal justice organizations. In addition to his expertise in transnational crime and international and domestic terrorism, he has directed major research projects for the federal government on police administration, counter-terrorism, and police corruption. For many years, Ward served as Executive Director of the Office of International Criminal Justice, an internationally recognized center that promotes humane and democratic service on the part of justice-related agencies throughout the world.

Table of Contents

Dedicationp. v
Acknowledgmentsp. vii
Prefacep. xiii
The Foundation and Principles of Criminal Investigationp. 1
Sources and Uses of Informationp. 3
The Investigator: Responsibilities and Attributes; Origins and Trendsp. 5
Criminal Investigation Definedp. 5
Responsibilities of the Investigatorp. 5
Attributes Desirable in an Investigatorp. 11
Origins of Criminal Investigationp. 15
Trends in Investigationp. 23
Referencesp. 27
Supplemental Readingsp. 28
Physical Evidence: Development, Interpretation, Investigative Valuep. 29
Forensic Sciencep. 29
Forensic Medicine: Investigative Valuep. 56
Clue Materials as Information Sourcesp. 60
The Adolph Coors Homicidep. 107
Conclusionp. 109
Referencesp. 109
Supplemental Readingsp. 111
Physical Evidence: Discovery, Preservation, Collection, Transmissionp. 115
Defining the Limits of the Crime Scenep. 115
The Crime Scene as an Evidence Sourcep. 117
Opportunity for Discoveryp. 117
Purpose of Searchp. 120
Arrival of the First Police Officerp. 121
Arrival of the Investigatorp. 122
Other Sources of Physical Evidencep. 122
Discovery of Physical Evidencep. 122
Recording Conditions and Evidence Found at the Crime Scenep. 126
Collection and Preservationp. 134
Transmission of Evidence to the Laboratoryp. 144
Finding Physical Evidence by Canvassingp. 145
Referencesp. 146
Supplemental Readingsp. 146
People as a Source of Informationp. 149
The Criminalp. 149
The Victimp. 156
Witnessesp. 156
Persons Acquainted with the Suspectp. 158
Follow-up Activitiesp. 159
Referencesp. 169
Supplemental Readingsp. 170
Records and Files: Investigative Uses and Sources--Public and Privatep. 173
Records as Investigative Aidsp. 173
Types and Sources of Recorded Informationp. 177
Referencesp. 191
Supplemental Readingsp. 191
Seeking and Obtaining Information: People and Recordsp. 193
Interviews: Obtaining Information from Witnessesp. 195
Questioning Peoplep. 195
Interviewingp. 195
Acquiring the Factsp. 197
Dealing with the Reluctant, Fearful, or Unaware Witnessp. 202
Behavioral Analysis Interviewsp. 209
Hypnosisp. 210
Eyewitness Evidence: The Role of Perception and Memoryp. 215
Witness Errorsp. 218
The Cognitive Interviewp. 218
Referencesp. 221
Supplemental Readingsp. 222
Records and Files: Nurtured Resource or Arid Archive?p. 225
Law Enforcement Recordsp. 225
Information Sciencep. 226
Crime Pattern Analysisp. 227
Modus Operandip. 227
Microcomputers: Crime Mapping and Proactive Resource Allocationp. 234
Business Recordsp. 236
Referencesp. 241
Supplemental Readingsp. 242
Informants: Cultivation and Motivationp. 243
A Background on Informantsp. 243
Usefulnessp. 247
Types of Informantsp. 249
Motives for Informingp. 249
Opportunityp. 252
Cultivation of Informantsp. 253
Dealing with Informantsp. 254
Guidelines for the Use of Informantsp. 259
Legality of Evidence Based on Informant-Supplied Informationp. 261
Retrospectivep. 265
Referencesp. 266
Supplemental Readingsp. 267
Follow-Up Measures: Reaping Informationp. 269
Surveillance: A Fact-Finding Tool--Legality and Practicep. 271
Definitionsp. 271
Kinds of Surveillancep. 273
The Legality Issuep. 273
Practical Considerationsp. 286
Procedure for Interception of Wire or Oral Communicationsp. 290
Referencesp. 291
Supplemental Readingsp. 293
Eyewitness Identification: Guidelines and Proceduresp. 295
The Rogues Galleryp. 295
Sketches and Composite Imagesp. 300
Lineupsp. 303
Right to an Attorneyp. 306
Role of the Suspect's Attorneyp. 308
One-on-One Confrontations (Show-Ups)p. 308
Reliability of Eyewitness Identificationsp. 309
Referencesp. 311
Supplemental Readingsp. 312
Interrogation: Purpose and Principlesp. 315
The Purpose of Interrogationp. 315
Why People Confessp. 316
Why Some Do Not Confessp. 323
Conclusionp. 324
Referencesp. 324
Supplemental Readingsp. 325
Interrogation of Suspects and Hostile Witnesses: Guidelines and Proceduresp. 327
Miranda Guidelinesp. 327
Implementing the Miranda Warningsp. 331
Waiving One's Rightsp. 331
Interrogation in Practicep. 333
Referencesp. 344
Supplemental Readingsp. 345
Applying the Principles to Criminal Investigationp. 347
Reconstructing the Past: Methods, Evidence, Examplesp. 349
Methods of Inquiryp. 349
Scientific Reasoning Applied to a Criminal Investigationp. 354
Reconstructing the Past--Sources of Informationp. 356
Further Commentary on the Investigative Processp. 359
Evidence and Proofp. 369
Summary of the Scientific Method and its Application to Criminal Investigationp. 371
Referencesp. 374
Supplemental Readingsp. 375
Homicidep. 377
Introductionp. 377
Overview of Investigative Activitiesp. 380
Partitioning Responsibilitiesp. 382
Motivep. 383
The Crimes Scene as the Focus of the Investigationp. 390
The Body as the Focus of the Investigationp. 396
People: Those Who Knew the Victimp. 427
The Value of Records in Homicide Investigationp. 429
Types of Homicide Investigationsp. 431
Cover-up Attemptsp. 437
Missing Personsp. 442
Multiple Deathsp. 447
Miscellaneous Concernsp. 469
Concluding Commentaryp. 470
Referencesp. 471
Supplemental Readingsp. 473
Robberyp. 477
Introductionp. 477
Peoplep. 479
Conducting the Investigationp. 484
Follow-Up Activitiesp. 486
Referencesp. 486
Supplemental Readingsp. 487
Rape and Other Sex Crimesp. 489
Introductionp. 489
Stalkingp. 491
Peoplep. 492
Follow-up Interviewsp. 495
Conducting the Investigationp. 498
Follow-Up Activitiesp. 507
Referencesp. 508
Supplemental Readingsp. 509
Burglaryp. 511
Introductionp. 511
Peoplep. 513
Conducting the Investigationp. 521
Follow-Up Activitiesp. 526
Referencesp. 530
Supplemental Readingsp. 530
Arsonp. 531
Introductionp. 531
Why is Arson Suspected?p. 533
People as a Source of Informationp. 533
Conducting the Investigationp. 537
Physical Evidencep. 537
Motivep. 555
Recordsp. 563
Follow-Up Activitiesp. 565
Case Illustration: Investigating Arsonp. 565
Referencesp. 567
Supplemental Readingsp. 567
Specialized Investigationsp. 569
Terrorismp. 571
Introductionp. 571
Legal Aspectsp. 577
Peoplep. 579
Terrorist Groupsp. 583
Physical Evidencep. 589
Bombingsp. 590
Chemical Terrorismp. 595
Ecological Terrorismp. 595
Assassinationp. 596
Kidnappingp. 596
Follow-Up Activitiesp. 598
Referencesp. 600
Supplemental Readingsp. 600
The Computer and Communications Technologyp. 603
Introductionp. 603
Cybercrime: High Technology and Criminal Activityp. 604
The Computer Criminalp. 604
Investigating Computer Crimep. 605
High-Technology Investigationsp. 607
High-Technology Crimep. 608
The Computer in Criminal Investigationp. 611
The Computer as an Investigative Toolp. 618
Communications Technologyp. 620
Referencesp. 622
Supplemental Readingsp. 622
Enterprise Crime: Organized, Economic, and White-Collar Crimep. 623
Introductionp. 623
Peoplep. 623
Conducting the Investigationp. 624
A Typology of Enterprise Criminalityp. 627
New Developments in Crimep. 634
The Investigation of Illegal Drugs and Drug Traffickingp. 635
RICO and Asset Forfeiture in the Investigative Processp. 640
Referencesp. 641
Supplemental Readingsp. 642
The Automobile and Crimep. 643
Larceny Definedp. 643
Statisticsp. 644
Why Motor Vehicles are Stolenp. 644
Investigating Motor Vehicle Theftp. 647
Retrospective Reviewp. 653
Carjackingp. 655
Referencesp. 657
Supplemental Readingsp. 658
Specialized Topicsp. 659
What is Crime?p. 661
Crimep. 661
Criminal Lawp. 662
Case Lawp. 663
The Model Penal Codep. 664
Sources of State Lawp. 664
Referencesp. 665
Supplemental Readingsp. 665
Managing Criminal Investigationsp. 667
Historical Antecedentsp. 667
Conventional Investigative Arrangementsp. 667
Managing Criminal Investigations (MCI)p. 668
Potential Benefits of an MCI Programp. 673
Referencesp. 673
Supplemental Readingsp. 673
Control Over Investigations Through Constitutional Lawp. 675
Historical Perspectivesp. 675
The Constitution and Criminal Justicep. 676
The Articles and Amendmentsp. 677
The Supreme Court and Criminal Justicep. 680
Milestone Decisions Affecting Investigative Practicep. 683
Probable Cause: Its Evolution and Significancep. 684
Control Over Investigative Practicep. 688
Referencesp. 690
Supplemental Readingsp. 691
Evidence and Effective Testimonyp. 693
Introductionp. 693
What is Evidence?p. 693
Historical Background of the Rules of Evidencep. 694
The Rules of Evidencep. 696
What is Effective Testimony?p. 699
Cross-Examinationp. 700
Conclusionp. 704
Referencesp. 704
Supplemental Readingsp. 705
Putting It All Together: The Assassination of Dr. Martin Luther King, Jr.p. 707
The Investigation of the Assassinationp. 707
Analysis of Investigative Effortsp. 715
Proactive Measuresp. 724
Referencesp. 724
Supplemental Readingsp. 724
Landmark Case in Criminal Investigation: The Lindbergh Kidnapping Casep. 725
The Lindbergh Kidnappingp. 725
Initial Control of the Investigationp. 726
The Police Investigationp. 727
The Trial and its Aftermathp. 731
Latter-Day Criticsp. 732
Concluding Remarksp. 734
Supplemental Readingsp. 735
Satanism, Cults, and Ritual Crimep. 737
Definitionsp. 737
Commentaryp. 739
Satanismp. 745
Types of Involvementp. 747
Satanic Cultsp. 748
New Religious Movementsp. 749
Destructive Cult Groups and Satanic Cult Groupsp. 750
Illegal Actsp. 752
Ritual Abuse of a Childp. 753
Investigative Effortsp. 754
Referencesp. 764
Supplemental Readingsp. 765
Raids: Reflections on their Managementp. 767
Introductionp. 767
Waco: The Branch Davidiansp. 768
Philadelphia: MOVEp. 769
Chicago: The Black Panthersp. 771
Summaryp. 772
Referencesp. 773
Supplemental Readingsp. 773
FBI Suggestions for Packaging Physical Evidencep. 775
Photographing the Crime Scenep. 783
ViCAP Crime Analysis Reportp. 791
Missing Person Investigation Checklistsp. 821
Glossaryp. 833
Indexp. 853
About the Authorsp. 877
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