Offense Issues

Tabetha Cooper

When investigating a homicide or rape there are certain techniques that need to be used and issues that need to be avoided.  An investigator needs to be aware of the proper techniques in each investigation process and the ethical issues involved.  In this paper the proper investigative techniques for 

Ethics and Technology (Photo credit: Center for the Study of Ethics at UVU)

homicide and rape along with the ethical issues, how to reduce the ethical problems, the problems that a prosecutor will face if an investigation isn’t handled ethically, and what ethical issues are directly related to the prosecutor will be discussed.

            As stated by Morris and Zuluaga (2006), in any crime the investigative process can be summed up in approximately five steps: interview, examination, photographing and sketching, processing, and interrogation.  The responding officer determines if a crime has been committed then he immediately sections off the crime scene, calls in the proper detectives, and separates then interviews victims, witnesses, and suspects if there are any present.  The responding investigators will re-interview any victims, witnesses, or suspects.  They then will go into the crime scene and make photographs, notes, and sketches of the entire scene and then examine everything.  The investigator then collects evidence and takes it to the proper chain of custody for processing.  From the information gathered at the crime scene through victims, witnesses, and evidence the investigator develops theories about what had happened and determines motive from each individual suspect.  Through interrogation the investigator will eliminate theories, motives, and suspects until the most likely scenario and person is all that is left.  The detective will then go to the prosecutor to see if there is sufficient evidence and information for a conviction and if so an arrest of the suspect is made.

http://openclipart.org/clipart/people/magnifying_glass_01.svg License: PublicDomain Keywords: people Author: AbiClipart Title: Magnifying Glass (Photo credit: Wikipedia)

            All the investigative techniques are the same in the event of a rape or homicide but further steps and care needs to be taken.  In a rape the investigator is responsible for transporting the victim to a hospital or an assault lab where physical evidencecan be collected.  No matter the age of the victim a councilor needs to be present during the second interview of the victim, but if the victim is a minor a child councilor is a definite must and a parent may also need to be present.  Other than those additions to the interview process no one else should be present, just like any other interview the less people present the more comfortable the victim is going to be when it comes to talking about the crime that has been committed against them.  Something else to note in a rape case is the inconsistency in statements does not necessarily mean that the victim is lying, when a person has been subjected to trauma of that extent, events can blur together, things can be hard to remember, or the sheer embarrassment brought on by the crime can keep a victim from telling the entire set of facts of the crime.  Also, the investigator should be one that is familiar with sex crimes and has experience interviewing those victims.  In a homicide the biggest different in investigative techniques is that the victim can’t verbally tell you what happen to them, but with a thorough medical examination of the body the victim may be able to tell you how everything happened.  As said by The National Institute of Justice (2009), an examination of the body can give unbiased information about the “victim’s physical attributes, his/her relationship to the scene, and possible cause, manner, and circumstances of death.”  Most of the information in regards to a suspect is going to come through interviewing family and friends of the victim.  In both a homicide and rape there is much more physical evidence that needs to be collected and processed.

National Institute of Justice logo (Photo credit: Wikipedia)

            There are ethical issues that need to be taken into account when it comes to an investigation.  Just as with other professions you do run across law enforcement personnel that aren’t the most truthful.  When an investigator is certain of which suspect perpetrated a crime but doesn’t have enough evidence to charge him/her with it things can be frustrating.  If a less than honest investigator is put in this situation there can be the temptation to fabricate or falsify evidence, not turn in information or evidence that may indicate a different suspect, or misrepresent themselves to the suspect in order to obtain incriminating evidence (www.cwu.edu).  All of these things are unethical and cause problems for the prosecutor in court proceedings.  Some of these unethical behaviors can be committed inadvertently from a very honest investigator as well.  Take not reporting information or evidence that may indicate another offender, for example.  The investigator may run across information or evidence that doesn’t seem important to the investigation and disregard it without taking the necessary procedures to record and preserve it.  Another issue that may cause problems for the prosecutor would be the mishandling of evidence.  Whether it hadn’t been sent through the proper chain of custody or it was improperly stored, contamination becomes an issue.  This can become an issue at trial, and the evidence will then lose its integrity.  Just one unethical event can happen in the investigation of the case that can cause the entire investigation to be called into question.  An offender may get off because of this either at the initial trial or through a court of appeals.  

            There are other issues that can cause ethical dilemmas, such as, when an inexperienced investigator is sent to investigate a victim of a rape and doesn’t proceed with the necessary sensitivity that a rape victimneeds, improperly conducting the interview.  This could cause vital information to be lost because the victim just wants to be finished the interview.  There are also ethical issues when it comes to interrogating a suspect.  An investigator may intimidate a suspect into confessing to a crime that he/she may or may not have committed.  The investigator may put the suspect in conditions less than optimal or promise them thing such as a reduced sentence in order to obtain the confession.  The defense can bring these things up at trial, which will pose a problem for the prosecutor.  Once an investigator has fumbled an investigation in any form their integrity in future investigations and in past convictions can and most likely will be called into question.

Detectives at crime scenes (Photo credit: Boston Public Library)

            According to Morris and Zuluaga (2006), steps can be taken to eliminate the ethical problems that may arise through the course of an investigation.  After the victims, witnesses, and suspects (if applicable) have been identified and the facts of the case have been given an investigator should evaluate the situation for any moral or unethical problems that may become present in a case.  The principles that may be jeopardized and their necessity in the case should be clarified.  The investigator should evaluate possible ways to get around these problems or come up with a solution to the dilemma.  This should all be clearly noted in case it becomes an issue at trial, there will be proof that the situation was thought about and the best means to take care of the situation was executed. 

            When a person chooses to become an investigator, there are several things that need to be taken into account.  An investigators main goal is to solve the crime and get a perpetrator off the street.  There are several thing, if not handled properly, can keep this from happening.  Once proper investigative techniques have been learned then ethical situations need to be evaluated.  Now that certain situations have been listed, as well as how these things can affect the investigation, and then the prosecution of the suspect an investigator can use the steps mentioned to keep these from being an issue.    

References

Morris, E. & Zuluaga, C. (2006). Investigating Ethical Crimes.  International Journal of

 Education and Development using Information and Communication Technology

 (IJEDICT). Vol. 2, Issue 1, pp. 22-33.  Original Article @:  http://ijedict.dec.uwi.edu//viewarticle.php?id=116&layout=html

National Institute of Justice. (2009) A Guide to Death Scene Investigation: Documenting and

Evaluating the Body | National Institute of Justice. Retrieved February 23, 2010, from

 http://www.ojp.usdoj.gov/nij/topics/law-enforcement/crime-scene-guides/death-

investigation/document-body.htm

Osterburg, J.W. & Ward, R.H. (2007) Criminal Investigation: A Method for Reconstructing         the Past (5^th ed.) Newark, NJ. Mathew Bender & Company, Inc.

www.cwu.edu/~jefferis/PEHL557/phel557_ethics.html

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Forensics in Law Enforcement Investigative Issues “The Social Media Rapists Law Enforcements Newest Predator”

 by Lawrence W. Daly

With new technology the entertainment which used to take the average single person to events at the local bar is a thing of the past. Today, single people are turning to the Internet for relationships.

These new relationship which are formed from the Internet’s many dating websites are created when individuals register their profile on these websites looking for a partner. The profile may then lead that person to become interested in one another. The dates and times of the contacts are at the h

A Special Agent of the Federal Bureau of Investigation taking the one hundred millionth fingerprint, represented by... - NARA - 518186 (Photo credit: Wikipedia)

elm of each person where they can decide when they want to have contact with their Internet friend.

The majority of individuals who are on the Internet are good people and do not try to create environments where they will and can take advantage of others. However, just like meeting an individual at the bar, until you learn more about who this person really is there must be a process in place which protects you.

In a recent article in ABC News the title read, “Christian Mingle Date Rape Victims Sought by Calif. Cops” by reporter Russell Goldman should tell those seeking Internet relationships to be careful. The story is about a man who may have utilized ChristianMingle.com as he traveled across the country. He is identified as Sean Patrick Banks, 37, a former Navy sailor, used a fake name to contact a woman who he allegedly raped in November, cops in La Mesa, California said.

So who is this Sean Patrick Banks and is his method of operandi similar to other rapists who utilize the Internet and social media networks to prey and stalk upon women only to physically and sexually assault them?

The characteristics and personalities of these rapists are similar in many ways. They are:

1.      Generally ranging from 18-60 years of age.

2.      Average intelligence.

3.      Computer savvy.

4.      Are known to be aggressive in prior relationships with women.

5.      Have a preference for a specific age of his victim.

6.      Generally middle range income.

7.      May be married or recently divorced.

8.      Changes his name to keep anonymity and allows him to move to the next victim.

9.      He is manipulative, deceitful, lacking in honesty and integrity and plays whatever role necessary to accomplish his sexual fantasies and mission.

10.  He will dissect his victim and plan accordingly to accomplish his goal.

11.  Sexual gratification is the key to his mission and will do anything to find sexual release.

12.  He is a chameleon and is like a shift changer and will do anything to hide his real identity.

Former Special Agent Kenneth Lanning identified different type of rapists who prey upon children. In a journal “Child Molesters: A Behavioral Analysis” Lanning stated the following:

“There is a modern invention that is of invaluable assistance to the pedophile: the computer. It could be a larger computer system at his place of business or a small personal computer at his home. It is simply a matter of modern technology catching up with long-known traits. The computer helps fill their need for organization, validation, souvenir records, and to find victims.”

He wrote this statement in December of 1992 when he was an Agent for the Federal Bureau of Investigation. Unfortunately, he had no idea how the new era of digital and technology predators would behave. His foundation was admirable, laid a foundation for law enforcement to pursue the Sean Patrick Banks of this world.

FBI Badge & gun. (Photo credit: Wikipedia)

However, Banks is not a pedophile he is a rapist. According to the experts who specifically treat rapists, there are at least five types of personalities that are present in this world. They are:

1.      Power Assertive Rapist – presents the victim with a weapon or alleged weapon to get her cooperation so he can rape her.

2.      Anger Retaliation Rapist – He hates women and brutalizes them during the rape. Roughly 30% of rapists fall into this category.

3.      The Power-Reassurance Rapist or Opportunity Rapist – Is one who take advantage of an opportunity to commit a rape e.g. during a burglary, robbery, or kidnapping commits a rape.

4.      The Anger Excitement Rapist or Sadistic Rapist – He wants his victim to be hurt, unfortunately sometimes killing his victims. Roughly 5% of the rapists fall into this category.

5.      Date Rapist – This is the number one type of rapist.

The experts who treat rapists have yet to create a category for the Social Media Network Rapist, but whatever these experts call him; he can now be added to the above list. Therefore, law enforcement again find themselves hurrying to find methods and techniques to adequately perform rape investigations stemming from relationships developed through the Internet.

One of the keys for law enforcement is to try and adapt the investigative methods and techniques they have utilized in adult rape victims and from what they learned from online predators who molest and rape children in tracking down these Social Media Network Rapist.

Frequently the online predator establishes a relationship with his underage victim, creating strength and love with him/her. Eventually the goal of the online predator sets up a time and place to meet with the victim. There is rarely any direct force used to entice the underage victim to have sex.

The victim is so emotionally attached they make the situation worse than it already is when they fail to advise anyone of their online relationship with the predator. Everything is done in secret and the child falls into a trap.

The adult victim generally receives the same treatment luring her into a trap. Like the child victim the Social Media Network Rapists manipulates the adult victim into believing that he is a single man with the same interests as her. He is charming and willing to share his feelings and nude photographs with the victim. Most of the pictures are from a database of nude pictures which are actually not of him. Again, the relationship becomes emotionally bound between her and the rapist. The trap is set and the meeting takes place.

The meeting generally takes place in a public atmosphere where the victim feels comfortable and safe knowing that if everything he has told her is true there will be a happy ending to the meeting.

Unfortunately, the rapist cares little about the victim except to live out his sexual fantasy and to move onto his next victim. He will try in any way he can to get her to meet at her residence. His anonymity is the key to his success in not being identified to the authorities.

This new criminal behavior is something law enforcement is not educated or trained in dealing with and more importantly pursuing and investigating who this person is. Computer hardware and software and false identity is the key to his ability to hide from law enforcement. He thinks in this matter that he can’t be identified, apprehended, prosecuted, and incarcerated.

It will take a “New Era of Law Enforcement Investigators” who have the ability to deduce from the little evidence the rapist leaves behind on his trail to accomplish his goal i.e. to capture him. Law enforcement has had the reputation of always being a decade behind in investigation methods and techniques. Victims of these types of crimes can’t wait a decade to capture these men, they need law enforcement to identify and apprehend them now.

In the Sean Patrick Banks matter he was a sloppy and an unintelligent rapist who left a ‘visible’ trail of evidence leading to his arrest. However, the “Social Media Network Rapist” will refine their modus operandi and become ‘invisible’. In the meantime law enforcement must take the time to becom

English: Standing on Pennsylvania Avenue NW and look up F Street NW at the J. Edgar Hoover Building, the headquarters of the Federal Bureau of Investigation in Washington, D.C., in the United States. Español: Edificio J. Edgar Hoover, la sede de FBI (Photo credit: Wikipedia)

e educated and trained in order to become sophisticated enough to educate the community about these types of predators, arrest and learn from those predators who fail to be ‘invisible’.

Further, men and women need to be aware of this new rapists. They need to use checks and balances to insure their safety. Although it may be embarrassing to them, they need to tell family, friends, coworkers, and others who this individual says he is. Failure to disclose this information may cost them their lives. It is important that the Internet dating websites post information and rules their members should follow. Sometimes people just don’t understand that there are people out there who will harm them.

           

Lawrence W. Daly

www.onedaly.com

206-650-0229

onedaly@onedaly.com

Kent, WA

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Today’s Investigative Special Report – January 19, 2013 “Dealing With Todays Law Enforcement Specialized Investigations” “The “Fingerprints” Of A Child Sexual Assault Investigation – Part II”

English: A crime scene. . (Photo credit: Wikipedia)

By Lawrence W. Daly, MSc

ForensicExpert – Senior Author

The characteristics of a fingerprint and a child sexual assault investigation (CSAI) are similar in which they parallel one another in many of the facets which cause them to be so unique. When a crime scenetechnician (CST) is called to a crime scene to process the scene for evidence, it seems there is the possibility that the CST no matter how skilled will find difficulty in processing it. No matter what preventive steps an investigator takes to obtain the facts or evidence something may and generally confronted with an unexpected scenario.

In CSAI’s the same problem occurs, no matter how simple the investigation seems. The law enforcement detective will find barriers, barricades, and dead ends at some of the investigative avenues he has chosen to pursue. In fingerprinting, the finger has ridges which when processed are part of the fingerprint.

In the “Daly’s Twelve Investigative Characteristics” the sixth characteristic is labeled the “Ridge Units.” Ridge Units can effectively cause the District Detective to be confronted with specific problems which were not anticipated. Let us define what areas of concerns “Ridge Units” may have on the CSAI:

Characteristic Six – Ridge Units - The District Detective will find that the child sexual assault investigation is not a smooth and clear investigation. Like fingerprints no finger is without a ridge. It is just how biologically the human finger is created.

1.      Sometimes the case will run into roadblocks the District Detective didn't consider in his initial alternative hypothesis

2.      Sometimes there will be unexplained barriers which block the investigation before it is allowed to begin i.e. the child discloses and then later refuses to cooperate or recants her story

3.      Sometimes there will be those who intentionally convolute the investigation by refusing to cooperate with the District Detective

4.      Sometimes these ridges will require the District Detective to be intelligent and logical in his investigative approach to the case

5.      Sometimes these ridges will require the District Detective to step back and reevaluate specifically how the sexual assault disclosure was developed, what role each witness played in the investigation, and maybe just maybe the perpetrator is telling him the truth

The third characteristic is generally performed after the District Detective and his assistant arrive at the crime scene. Generally the District Detective will ask for the assistance of Crime Scene Technicians (CST). The call will be made to the individual who is in charge of the CST’s and depending on the type of crime one or more CST’s will be requested to respond to the crime scene to process it.

In child sexual assault cases the crime scene may be in multiple locations. The incidences could have occurred near the child victim’s home, school, at her home, at the perpetrator’s business, at the perpetrator’s home, and so forth. Studies and professionals opinions on the subject of obtaining of physical, biological, and trace evidence are generally not located at the crime scene where the incident took place. These studies have failed to address the specific issue of ‘why these types of evidence’ is not located. Let us examine some of the reasons that evidence is not located in child sexual assault cases:

1.      The education and training of First Respondersand detectives simply does not happen. Law enforcement management and those in the Special Assault Unit (SAU) are of the opinion that the child sexual assaults occurred a long time ago, therefore CST’s should not be called to the scene. These professionals come to a conclusion which is based on subjective beliefs, which when examined, evaluated, and analyzed prove not to be of substance.

2.      The First Responders and detectives do not ask the complainant or child victim about where the specific location of the sexual assault took place and if the perpetrator used any article of clothing or towels during the sexual assault.

3.      The interrogation of the perpetrator should provide the detective information of where the specific location(s) of where the sexual assault(s) occurred and what was the clothing and towel items were used and where are they now.

4.      Information is provided to the First Responder and the detective of the specific location where the sexual assault(s) occurred, but fail to process the scene for semen, saliva, fingerprints, and so forth. In rape cases the bedding and clothing are always taken. However, in child sexual assault cases emphasis on obtaining evidence is overlooked. Due to the lack of effort the studies would conclude that no evidence was located. If you don’t ask, you will not find it.

When this author was a detective in SAU, the child victim disclosed that the perpetrator who later confirmed the information, that after the sexual assault he would hide the towel he used to wipe himself off. He would hide the towel in the attic above the master bedroom. When I searched the residence I was able to locate multiple towels in similar locations. There was semen and saliva found on the towel belonging to the perpetrator. If I would have failed to ask the child victim and perpetrator the right questions about evidence, the towel would have never been located. Locating evidence in a criminal investigation can and will lead the detective to consider a solid hypothesis i.e. evidence speaks for itself.

Characteristic Three - The District Detective releases the crime scene to the Crime Scene Technicians (CST)

1.      CST will determine if the perimeter around the crime scene is large enough and will prevent others from entering and potentially contaminating the scene

2.      CST will videotape the entire crime scene prior to processing it

3.      CST will then begin the process of identifying, photographing, and the protection of the evidence

4.      CST will begin collecting the evidence

5.      CST will transport the evidence to the evidence room for storage or to the State Laboratory for analyzation

6.      CST will notify District Detective of his findings and turn the evidence over to him

The District Detective, First Responder, and Crime Scene Technicians must have a working relationship which is structured around protocols and procedures which most of the time produce results. In reviewing the sixth and third characteristic of “Daly’s Twelve Investigative Characteristics” it is best law enforcement understand that the twelve are similar to other facts and evidence of any type of sexual assault. The problem with any investigation is to be too structured. If there are no alternative solutions or flexibility at a crime scene to possibly obtain evidence, then the personnel who are responsible to perform their specific tasks are of no value to the investigation.

Law enforcement will generally face controversy, emotion, conflict, barriers, barricades, problems, and etc. in child sexual assault cases. Everyone has an opinion about how the investigation should be performed and what the outcome should be. If law enforcement is thorough and complete and approach the investigation with an open and neutral mind, the outcome will be based on objective findings. These findings will quite those whose opinions differ then theirs when the evidence and facts speaks loudly that what the detective found during the investigation was the truth.

 

Lawrence W. Daly

www.onedaly.com

206-650-0229

onedaly@onedaly.com

Kent, WA

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Chasing Victor- Lawrence W. Daly First Fiction Novel Coming in January

Coming Soon January 2013 release date

In the small town of Kent, just south of Seattle in Washington State there is a child serial rapist and murderer who has targeted young girls. Over an eight-year period, Victor has abducted, raped and murdered 12 young girls. Detectives Simon Stocker and Gus Hall begin the chase of Victor. Just when he appears to have disappeared, he abducts 12 year-old Brittany Redman and the chase is on again.

With the assistance from the Federal Bureau of Investigation (FBI) and other law enforcement agencies, a task force is established to chase Victor down. Victor’s method of operandi is to abduct his victims and then they are found 72 hours later, dead.

The time to save Brittany is running out, Detectives Stocker, and Hall pull out all the stops to save her life. Will they be in time?

About Lawrence W. Daly

Lawrence W. Daly is the author of multiple sex crime non-fiction books and booklets. Lawrence is one of the leading experts in the field of child sexual abuse investigations. Chasing Victor is his newest adventure. This debut novel, an exciting thriller will keep you on your toes, wondering who Victor might be, and whether Detectives Stocker and Hall will succeed in chasing Victor down. A must read!

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Behind the Yellow Tape Investigation into High School Rape Cover-up

This story is about a girl who has not only been raped, but had her attacker defended by the whole town because he is a star football player, and had shoddy police work on the case to boot.  Now to top it all off,  our friend Alex Goddard is being sued for blogging about the case.  Here are the shows that our other friend Joey Ortega has done on this subject to try and expose the truth. Listen and look through your truth glasses closely at this one C & J readers, as this should not be allowed to happen in the name of winnng athletics!

Gang Rape Cover-Up? When does team or fan loyalty go to far?

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The Steubenville Gang Rapes analysis continues w/Kim Picazio

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Steubenville Gang Rapes- Who is Jane Hanlin?

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