Criminal Investigation : A Method for Reconstructing the Past

by James W. Osterburg; Richard H. Ward

• ISBN13: 9781593459604
• ISBN10: 1593459602
• Edition: 4th
• Format: Package
• Copyright: 2004-01-01
• Publisher: Lexis Nexis Matthew Bender

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

Dedication	p. v
Acknowledgments	p. vii
Preface	p. xiii
The Foundation and Principles of Criminal Investigation	p. 1
Sources and Uses of Information	p. 3
The Investigator: Responsibilities and Attributes; Origins and Trends	p. 5
Criminal Investigation Defined	p. 5
Responsibilities of the Investigator	p. 5
Attributes Desirable in an Investigator	p. 11
Origins of Criminal Investigation	p. 15
Trends in Investigation	p. 23
References	p. 27
Supplemental Readings	p. 28
Physical Evidence: Development, Interpretation, Investigative Value	p. 29
Forensic Science	p. 29
Forensic Medicine: Investigative Value	p. 56
Clue Materials as Information Sources	p. 60
The Adolph Coors Homicide	p. 107
Conclusion	p. 109
References	p. 109
Supplemental Readings	p. 111
Physical Evidence: Discovery, Preservation, Collection, Transmission	p. 115
Defining the Limits of the Crime Scene	p. 115
The Crime Scene as an Evidence Source	p. 117
Opportunity for Discovery	p. 117
Purpose of Search	p. 120
Arrival of the First Police Officer	p. 121
Arrival of the Investigator	p. 122
Other Sources of Physical Evidence	p. 122
Discovery of Physical Evidence	p. 122
Recording Conditions and Evidence Found at the Crime Scene	p. 126
Collection and Preservation	p. 134
Transmission of Evidence to the Laboratory	p. 144
Finding Physical Evidence by Canvassing	p. 145
References	p. 146
Supplemental Readings	p. 146
People as a Source of Information	p. 149
The Criminal	p. 149
The Victim	p. 156
Witnesses	p. 156
Persons Acquainted with the Suspect	p. 158
Follow-up Activities	p. 159
References	p. 169
Supplemental Readings	p. 170
Records and Files: Investigative Uses and Sources--Public and Private	p. 173
Records as Investigative Aids	p. 173
Types and Sources of Recorded Information	p. 177
References	p. 191
Supplemental Readings	p. 191
Seeking and Obtaining Information: People and Records	p. 193
Interviews: Obtaining Information from Witnesses	p. 195
Questioning People	p. 195
Interviewing	p. 195
Acquiring the Facts	p. 197
Dealing with the Reluctant, Fearful, or Unaware Witness	p. 202
Behavioral Analysis Interviews	p. 209
Hypnosis	p. 210
Eyewitness Evidence: The Role of Perception and Memory	p. 215
Witness Errors	p. 218
The Cognitive Interview	p. 218
References	p. 221
Supplemental Readings	p. 222
Records and Files: Nurtured Resource or Arid Archive?	p. 225
Law Enforcement Records	p. 225
Information Science	p. 226
Crime Pattern Analysis	p. 227
Modus Operandi	p. 227
Microcomputers: Crime Mapping and Proactive Resource Allocation	p. 234
Business Records	p. 236
References	p. 241
Supplemental Readings	p. 242
Informants: Cultivation and Motivation	p. 243
A Background on Informants	p. 243
Usefulness	p. 247
Types of Informants	p. 249
Motives for Informing	p. 249
Opportunity	p. 252
Cultivation of Informants	p. 253
Dealing with Informants	p. 254
Guidelines for the Use of Informants	p. 259
Legality of Evidence Based on Informant-Supplied Information	p. 261
Retrospective	p. 265
References	p. 266
Supplemental Readings	p. 267
Follow-Up Measures: Reaping Information	p. 269
Surveillance: A Fact-Finding Tool--Legality and Practice	p. 271
Definitions	p. 271
Kinds of Surveillance	p. 273
The Legality Issue	p. 273
Practical Considerations	p. 286
Procedure for Interception of Wire or Oral Communications	p. 290
References	p. 291
Supplemental Readings	p. 293
Eyewitness Identification: Guidelines and Procedures	p. 295
The Rogues Gallery	p. 295
Sketches and Composite Images	p. 300
Lineups	p. 303
Right to an Attorney	p. 306
Role of the Suspect's Attorney	p. 308
One-on-One Confrontations (Show-Ups)	p. 308
Reliability of Eyewitness Identifications	p. 309
References	p. 311
Supplemental Readings	p. 312
Interrogation: Purpose and Principles	p. 315
The Purpose of Interrogation	p. 315
Why People Confess	p. 316
Why Some Do Not Confess	p. 323
Conclusion	p. 324
References	p. 324
Supplemental Readings	p. 325
Interrogation of Suspects and Hostile Witnesses: Guidelines and Procedures	p. 327
Miranda Guidelines	p. 327
Implementing the Miranda Warnings	p. 331
Waiving One's Rights	p. 331
Interrogation in Practice	p. 333
References	p. 344
Supplemental Readings	p. 345
Applying the Principles to Criminal Investigation	p. 347
Reconstructing the Past: Methods, Evidence, Examples	p. 349
Methods of Inquiry	p. 349
Scientific Reasoning Applied to a Criminal Investigation	p. 354
Reconstructing the Past--Sources of Information	p. 356
Further Commentary on the Investigative Process	p. 359
Evidence and Proof	p. 369
Summary of the Scientific Method and its Application to Criminal Investigation	p. 371
References	p. 374
Supplemental Readings	p. 375
Homicide	p. 377
Introduction	p. 377
Overview of Investigative Activities	p. 380
Partitioning Responsibilities	p. 382
Motive	p. 383
The Crimes Scene as the Focus of the Investigation	p. 390
The Body as the Focus of the Investigation	p. 396
People: Those Who Knew the Victim	p. 427
The Value of Records in Homicide Investigation	p. 429
Types of Homicide Investigations	p. 431
Cover-up Attempts	p. 437
Missing Persons	p. 442
Multiple Deaths	p. 447
Miscellaneous Concerns	p. 469
Concluding Commentary	p. 470
References	p. 471
Supplemental Readings	p. 473
Robbery	p. 477
Introduction	p. 477
People	p. 479
Conducting the Investigation	p. 484
Follow-Up Activities	p. 486
References	p. 486
Supplemental Readings	p. 487
Rape and Other Sex Crimes	p. 489
Introduction	p. 489
Stalking	p. 491
People	p. 492
Follow-up Interviews	p. 495
Conducting the Investigation	p. 498
Follow-Up Activities	p. 507
References	p. 508
Supplemental Readings	p. 509
Burglary	p. 511
Introduction	p. 511
People	p. 513
Conducting the Investigation	p. 521
Follow-Up Activities	p. 526
References	p. 530
Supplemental Readings	p. 530
Arson	p. 531
Introduction	p. 531
Why is Arson Suspected?	p. 533
People as a Source of Information	p. 533
Conducting the Investigation	p. 537
Physical Evidence	p. 537
Motive	p. 555
Records	p. 563
Follow-Up Activities	p. 565
Case Illustration: Investigating Arson	p. 565
References	p. 567
Supplemental Readings	p. 567
Specialized Investigations	p. 569
Terrorism	p. 571
Introduction	p. 571
Legal Aspects	p. 577
People	p. 579
Terrorist Groups	p. 583
Physical Evidence	p. 589
Bombings	p. 590
Chemical Terrorism	p. 595
Ecological Terrorism	p. 595
Assassination	p. 596
Kidnapping	p. 596
Follow-Up Activities	p. 598
References	p. 600
Supplemental Readings	p. 600
The Computer and Communications Technology	p. 603
Introduction	p. 603
Cybercrime: High Technology and Criminal Activity	p. 604
The Computer Criminal	p. 604
Investigating Computer Crime	p. 605
High-Technology Investigations	p. 607
High-Technology Crime	p. 608
The Computer in Criminal Investigation	p. 611
The Computer as an Investigative Tool	p. 618
Communications Technology	p. 620
References	p. 622
Supplemental Readings	p. 622
Enterprise Crime: Organized, Economic, and White-Collar Crime	p. 623
Introduction	p. 623
People	p. 623
Conducting the Investigation	p. 624
A Typology of Enterprise Criminality	p. 627
New Developments in Crime	p. 634
The Investigation of Illegal Drugs and Drug Trafficking	p. 635
RICO and Asset Forfeiture in the Investigative Process	p. 640
References	p. 641
Supplemental Readings	p. 642
The Automobile and Crime	p. 643
Larceny Defined	p. 643
Statistics	p. 644
Why Motor Vehicles are Stolen	p. 644
Investigating Motor Vehicle Theft	p. 647
Retrospective Review	p. 653
Carjacking	p. 655
References	p. 657
Supplemental Readings	p. 658
Specialized Topics	p. 659
What is Crime?	p. 661
Crime	p. 661
Criminal Law	p. 662
Case Law	p. 663
The Model Penal Code	p. 664
Sources of State Law	p. 664
References	p. 665
Supplemental Readings	p. 665
Managing Criminal Investigations	p. 667
Historical Antecedents	p. 667
Conventional Investigative Arrangements	p. 667
Managing Criminal Investigations (MCI)	p. 668
Potential Benefits of an MCI Program	p. 673
References	p. 673
Supplemental Readings	p. 673
Control Over Investigations Through Constitutional Law	p. 675
Historical Perspectives	p. 675
The Constitution and Criminal Justice	p. 676
The Articles and Amendments	p. 677
The Supreme Court and Criminal Justice	p. 680
Milestone Decisions Affecting Investigative Practice	p. 683
Probable Cause: Its Evolution and Significance	p. 684
Control Over Investigative Practice	p. 688
References	p. 690
Supplemental Readings	p. 691
Evidence and Effective Testimony	p. 693
Introduction	p. 693
What is Evidence?	p. 693
Historical Background of the Rules of Evidence	p. 694
The Rules of Evidence	p. 696
What is Effective Testimony?	p. 699
Cross-Examination	p. 700
Conclusion	p. 704
References	p. 704
Supplemental Readings	p. 705
Putting It All Together: The Assassination of Dr. Martin Luther King, Jr.	p. 707
The Investigation of the Assassination	p. 707
Analysis of Investigative Efforts	p. 715
Proactive Measures	p. 724
References	p. 724
Supplemental Readings	p. 724
Landmark Case in Criminal Investigation: The Lindbergh Kidnapping Case	p. 725
The Lindbergh Kidnapping	p. 725
Initial Control of the Investigation	p. 726
The Police Investigation	p. 727
The Trial and its Aftermath	p. 731
Latter-Day Critics	p. 732
Concluding Remarks	p. 734
Supplemental Readings	p. 735
Satanism, Cults, and Ritual Crime	p. 737
Definitions	p. 737
Commentary	p. 739
Satanism	p. 745
Types of Involvement	p. 747
Satanic Cults	p. 748
New Religious Movements	p. 749
Destructive Cult Groups and Satanic Cult Groups	p. 750
Illegal Acts	p. 752
Ritual Abuse of a Child	p. 753
Investigative Efforts	p. 754
References	p. 764
Supplemental Readings	p. 765
Raids: Reflections on their Management	p. 767
Introduction	p. 767
Waco: The Branch Davidians	p. 768
Philadelphia: MOVE	p. 769
Chicago: The Black Panthers	p. 771
Summary	p. 772
References	p. 773
Supplemental Readings	p. 773
FBI Suggestions for Packaging Physical Evidence	p. 775
Photographing the Crime Scene	p. 783
ViCAP Crime Analysis Report	p. 791
Missing Person Investigation Checklists	p. 821
Glossary	p. 833
Index	p. 853
About the Authors	p. 877
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