McGraw-Hill © 2003, The McGraw-Hill Companies, Inc. All rights reserved.

CriminalInvestigationCriminalInvestigation

Swanson • Chamelin • Territo

eighth edition

TWENTY-ONE

The Investigator and The Legal System

McGraw-Hill © 2003, The McGraw-Hill Companies, Inc. All rights reserved.

LEARNING OBJECTIVES

• Distinguish between detention, arrest, and charging• Explain the benefit of a police officer=s making an arrest

under the authority of a warrant• Define and describe probable cause• Discuss the risk factors involved in making a premature

arrest• Briefly outline the steps in a trial process• Assess the importance of a criminal investigator’s

knowing the rules of evidence• Describe the hearsay rule and the philosophy under

which the exception to this rule have evolved• Explain the reason for the existence of evidentiary

privileges• Discuss the role of an investigator as a witness in a

criminal trial• Explain the purpose of cross-examination

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ARREST

• The process of taking a person into legal custody to answer a criminal charge

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ARRESTS, DETENTION, CHARGING

• There are three essential ingredients of an arrest:– Intention– Authority– Custody

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ARRESTS, DETENTION, CHARGING (cont'd)

• Arrest Distinguished from Detention. Detention is a temporary and limited interference with the freedom of a person for investigative purposes.

• Arrest Distinguished from Charging. Formally charging a suspect with a crime does not automatically flow from an arrest. Charging follows a decision to prosecute.

21-3(b)

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ARRESTS, DETENTION, CHARGING (cont'd)

• When circumstances allow this is the preferred method of arrest

• Warrants must be approved by a judge• Arrest warrants are considered a judicial order

21-4(a)

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ARRESTS, DETENTION, CHARGING (cont'd)

• Prior approval by a judge relieves the police of proving the legality of the arrest

• Prior approval also provides an independent evaluation of evidence

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PROBABLE CAUSE

• A condition in which an officer has suspicion about an individual and knowledge of facts and circumstances that would lead a reasonable person to believe that a crime has been, is being, or is about to be committed

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FRONT OF AN ARREST WARRANT

• Note the arrest warrant includes:– The name of the

officer authorized to execute it

– The applicable statute(s)

– The name of the person to be arrested

– The judge’s name

21-6(Source: Courtesy Geauga County, Ohio, Sheriff’s Department)

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EVALUATING THE CASE

• Investigators must consider risk factors in deciding when to arrest– Whether the suspect will flee if allowed to remain free– The potential danger to others if the suspect is free– Hardships imposed on the suspect by early

incarceration

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STEPS IN THE TRIAL PROCESS

• Investigators seldom get to attend a full trial• As a result they may not be fully aware of all the

steps including:– Direct examinations– Cross examinations– Redirect examinations– Recross examination– Rebuttal– Surrebuttal– Closing arguments

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KNOWING RULES OF EVIDENCE

• Criminal investigators need a good working knowledge of rules of evidence

• The are responsible for collecting and preserving evidence for use by prosecutors

• They must be able to distinguish between:– Factual material that is admissible in court and,– That which is worthless as evidence

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EVIDENCE

• Anything that tends logically to prove or disprove a fact at issue in a judicial case or controversy

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PROOF

• The combination of all the evidence in determining the guilt or innocence of a person accused of a crime

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THE RELATION OF EVIDENCE AND PROOF

• In this pie diagram:– Slices of the pie are matters of evidence– The entire pie might constitute proof of guilt

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JUDICIAL NOTICE

• The doctrine of judicial notice is an evidentiary shortcut. Judicial notice is designed to speed up the trial and eliminate the necessity of formally proving the truth of a particular matter when the truth is not in dispute.

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TYPES OF EVIDENCE

• Direct Evidence– Direct evidence usually is the testimony of witnesses

that ties the defendant directly to the commission of the crime

• Real Evidence– Sometimes referred to as “physical evidence,” real

evidence is connected with the commission of the crime and can be produced in court

• Demonstrative Evidence– Demonstrative, or illustrative evidence consists of

maps, diagrams, sketches, photographs, tape recordings, videotapes,X-rays, and visual tests and demonstrations produced to assist witnesses in explaining their testimony

21-14(a)

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TYPES OF EVIDENCE (cont'd)

• Circumstantial Evidence– The broad definition of circumstantial evidence

encompasses all evidence other than direct evidence, provided that it logically relates the defendant to the crime

• Opinion Evidence– Matters of description in which a nonexpert may give

an opinion include color, size, shape, speed, mental condition, identity, race, and language

21-14(b)

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THE INTRODUCTION OF DEMONSTRATIVE EVIDENCE AT TRIAL

• Demonstration evidence includes items such as:– maps– diagrams– sketches– photos– tape recordings

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(Courtesy Los Angeles County Sheriff’s Department)

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EXPERT WITNESS

• A person who is called to testify in court because of his or her special skills or knowledge; permitted to interpret facts and give opinions about their significance to facilitate jurors’ understanding of complex or technical matters

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HEARSAY EVIDENCE

• The fact that stories tend to be changed when they are repeated makes their reliability and truthfulness questionable. For this reason, the hearsay rule was created. Hearsay is derived from “heard say”

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EXCEPTIONS TO THE HEARSAY RULE

• If the circumstances surrounding the hearsay evidence can ensure a high degree of trustworthiness and reliability, that evidence is admissible as an exception to the rule in order to minimize any injustice– Confessions– Admissions – Spontaneous and Excited Utterances– Dying Declarations– Former Testimony

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EVIDENTIARY PRIVILEGES

• Defendants and other witnesses have a right to have certain matters of communication barred from disclosure in court– Confidential communications between husband and

wife– Confidential communications between attorney and

client– Grand jury proceedings that are confidential

requirements of law are barred

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THE ROLE OF THE POLICE WITNESS

• The investigator must inform the jury of the matters investigated in the case

• The investigator presents this information so that the jury understands the sequence events and their significance

• The investigator may not offer personal conclusions

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