The Criminal Investigation

In the very beginning of a criminal investigation, it is very important to know the meaning of relevance.  This means that any evidence collected in a criminal investigation has to be relevant (connected) to the crime committed or it is inadmissible in a court of law.  Evidence is considered material if it is capable of influencing the outcome of the trial, if not then it is called immaterial.  Any search for evidence must be reasonable, such as a warrant or probable cause.  If any of the evidence was obtained illegally, then the judge will disallow the evidence in the trial. (Lushbaugh, 2012, p. 18).

            When an investigator arrives on the scene where criminal activity has taken place, he should first document everything up to his arrival.  This information would include persons already present, anything that has been moved, any possibility of any evidence being contaminated, in a murder scene he or she should note if the body had been moved for any reason, such as to perform emergency medical services.  Anything that has happened prior to his or her arrival he or she should be aware of. (Lushbaugh, 2012, p. 18)

            The investigator then secures any and all physical evidence, and ensures proper documentation and packaging of the physical evidence to prevent contamination.  He should also photograph the entire crime scene before any evidence is touched or moved in any way.  The evidence is then transported to headquarters where it is placed under lock and key to ensure that the integrity of the evidence will be preserved. (Lushbaugh, 2012, p. 18)

            Following the collection of evidence is the organization of all the evidence and facts that have been collected thus far.  This should contain only facts without any personal opinions or conclusions.  This process is known as the case preparation phase.  This is the case that is submitted to prosecutors to determine what is relevant and what is not. (Lushbaugh, 2012, p. 31)

            Now it is time for the negative evidence.  This is evidence best suited to counter the defense’s attempt to disprove any evidence. (Lushbaugh, 2012, p. 31)

            Next is the decision to charge, this responsibility lies in the office of the prosecutor.  This stage stresses the importance of a proper case preparation by the investigator.  This information is the basis of the facts used to influence the decision whether to indict.  An investigator will know that he conducted a proper case preparation when it results in arrest and conviction of the perpetrator and the closing of the case. (Lushbaugh, 2012, p. 33)

            When discussing evidence; we cannot forget about electronic evidence.  Due to the impact of the global technological advancement s, some of what was once considered physical evidence is now electronic evidence.  There should be a set of special rules governing the chain of custody of electronic material.  I have included a guide for the handling and documentation of electronic evidence.  I took this directly from a Microsoft Feed entitled Forensic Accounting Today.

1)    Name of individual who received the evidence

2)    Date, time, and place of collection or receipt

3)    Name of custodian

4)    Description of data obtained, including media specific information:

a)    Media type, standard and manufacturer

b)    Serial numbers and/or volume names

c)    Writing on labels

d)    Characterization of labels

e)    Amount of data

f)     Type of data

g)    Write-protection status

5)    Description of data collection procedures

a)    List of tools used for each procedure

b)    Name of individual conducting each procedure

c)    Outcome of procedures

d)    Problems encountered if any

6)    Additional Documentation

a)    Evidence transfer including reason for transfer

b)    Date and time of media check-in and check-out from secure storage

c)    Physical (visual) inspection of data

d)    Description of data analysis

e)    List of tools used for each procedure

f)     Name of individual conducting each procedure

g)    Outcome of procedure

h)   Problems encountered if any

i)     Note:  Section to record anything out of the ordinary

Conclusion:  Complete and accurate logging procedures will help ensure that electronic data can be authenticated in court.  A little extra effort at the beginning of the project will afford a smooth, efficient chain of custody documentation process. (Jeff, 2011)

            There are various techniques employed while conducting a criminal investigation.  There are also different types of investigations.  One such technique involves the clandestine surveillance of a know criminal.  This involves several investigative techniques which are unique to this type of investigation.  Among them are visual surveillance and audio surveillance.  These two types are rather self-explanatory by reference to their names.  Either one or both of these techniques are used to gather information and develop investigative leads. Contact surveillance is similar to the preceding types in that it is to monitor the movement of a suspect and with a fluorescent contact substance; objects the suspect has come in contact with can be recognized.  All of these techniques can be lumped together in what is referred to as intelligence; which is the collecting and evaluation of information. (Lushbaugh, 2012, pp. 121-126)

            Interview and interrogation is another part of the criminal investigation.  An interview is the interaction of individuals for the purpose of obtaining information about a crime or its circumstances.  The best place to conduct an interview is at the police station when circumstances permit.  Privacy is also very important in order to prevent retroactive interference.  At the beginning of an interview, the investigator should establish a rapport with the witness; this will promote better cooperation and a better chance of obtaining valuable information about the case.  This will make the investigation move along a lot smoother and it helps eliminate uncertainties.  Cognitive interviewing is another investigative technique used when a witness has trouble remembering events and this technique does not jeopardize the credibility of the witness in court, as with hypnotizing. (Lushbaugh, 2012, pp. 135-143). Interrogation is defined as the adversarial questioning of a suspect with the goal of soliciting an admission or confession of guilt. (Lushbaugh, 2012, p. 143).

                        Investigators gather enough evidence to show probable cause before making an attempt to arrest a suspect.  This step is omitted when exigent circumstances are present.  The arresting officer should make positive identification of the suspect and secure any tools which could aid the suspect in escape and/or cause harm to the arresting officer.  The officer should then be alert for any obvious evidence in the immediate area of the suspect.  This is known as the immediate control doctrine. (Lushbaugh, 2012, p. 30)

            While investigating violent crimes such as serial killers; the killer will sometimes cross into jurisdictions other than the one in which he/she committed the crime.  This movement of the killer facilitates in avoiding detection and makes it extremely difficult for law enforcement, in the jurisdiction in which the crime was committed, to track down the killer.  The FBI has a program designed to help link information from varying jurisdictions into one place.  This program is called “Violent Criminal Apprehension Program (VICAP)” and this program allows law enforcement from different jurisdictions to share information which may be useful in linking suspects to other crimes in other jurisdictions. (Lushbaugh, 2012, p. 171).

John F. Kennedy

Facts of the Case:  Summary of the Case and Investigation

            There is much controversy surrounding the circumstances and causes of the death of President John F. Kennedy.  In this article I will attempt to separate the facts from fiction.  There are many conspiracy theories concerning this event.  I remember this happening.  Along with these various theories there are also numerous unanswered questions concerning the exact circumstances.  The Warren Commission was assigned the task of investigating this event by Vice- President Johnson.  According to the findings of this Commission, a single bullet struck both President Kennedy and Governor Connally.   According to some conspiracy theories there had to be two shooters to compensate for the different angles of the bullet paths. (Grier, 2010)  There is, and probably always will be conspiracy theories to try to explain who is responsible for John F. Kennedy’s assassination.  I believe the reasoning set forth by Peter Temple in his journal article.  My interpretation of that reasoning is this:  President Kennedy was a great man, therefore, it is hard to accept the fact that he was killed by a “nobody” for “no reason”, so in order for people to accept a reason for this injustice; they have to develop an elaborate theory to match the significance of this injustice. (Temple, 2008)

            In 1979 a House Select Committee on Assassinations determined that there was a co-conspirator involved in the shooting of President Kennedy and the shooting was probably as a result from a conspiracy.  This committee, however, ruled out any organizations that were believed to be involved by pro-conspiracy theory activists.  (Ed. K, 2012)

            A suit was filed in U. S. District Court on July 21, 2008 suggesting that the FBI withheld evidence concerning the shooting of President John F. Kennedy.  This withheld information allegedly links the mafia to the killing; therefore strengthening one or more of the conspiracy theories that have been circulating and growing in intensity since this unforgettable event. (Katz, 2008).

            Judyth Vary Baker, a disputed ex-lover of Lee Harvey Oswald, claims that Oswald was a double-agent trying to prevent the assassination of John F. Kennedy, but instead he was framed for the murder and killed to silence him about the incident.

(Daubs, 2011).

References

Daubs, K. (2011, Oct 18). Woman claims she was his lover, and she knows the truth about JFK. The

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Ed. K, L. L. (2012, May 31). Crime and Punishment Essential Primary Sources. Retrieved May 31, 2012,

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Grier, P. (2010, Nov. 22). The John F. Kennedy assassination: Four unanswered questions. Christian

 Science Monitor , p. N.PAG.

Jeff. (2011, Sept 26). Preserving Chain of Custody in E-Discovery. Retrieved May 27, 2012, from Forensic

 Accounting Today: http://jemoore.typepad.com/blog/atom/sml

Katz, N. L. (2008). Prober: FBI Held Back Mob Info on JFK Slay. Daily News (New York) (Metro Edition),

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Lushbaugh, C. A. (2012). Criminal Investigation: Basic Perspectives, Twelfth Edition. Upper Saddle River,

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Temple, P. (2008). Keeping the fantasy alive; Assassination. The Age (First Edition), A2; Books; pg 21.