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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Today’s Investigative Special Report – January 30, 2013 “Dealing With Todays Law Enforcement Specialized Investigations” “The “Fingerprints” Of A Child Sexual Assault Investigation – Part IV”

sexual assault awareness month display (table) (Photo credit: carmichaellibrary)

By Lawrence W. Daly, MSc

ForensicExpert – Senior Author

The type of perpetrator who sexually assaults children are not profiled as the same or come wrapped in a box they are different and are classified individually. They are ruthless and whatever name of classification they are given the bottom line is if they sexually assaulted a child, they need to be identified, classified, prosecuted, incarcerated, and if they are ever released from prison they will be one of the million registered sex offendersin the United States.

Individuals who sexually assault children can be profiled in that they can be anyone beginning their sexual assaults as early as the age of nine years of age; sometimes even younger. These young pedophiles generally sexually assault other children because they were sexually assaulted and begin preying on children their age or younger.

The reactions of being sexually assaulted may find the child acting out sexually or regressing into having psychological and physiological problems, most of the time dealing with depression, suicidal ideations, and so forth. Sometimes a child who is sexually assaulted believes that if they were inappropriately touched and their body enjoyed the feelings of the touching, touching others is something they may want to explore thoroughly.

If this occurs the type of touching may become aggressively intense, violent, and may lead to a child murdering another child. It happens more often than Americans realize. Children are easy targets and they should be classified as innocent and vulnerable; easily preyed upon by older and stronger individuals who seek them out because they know they can intimate, threaten, and control the child.

The seventh characteristic of “Daly’s Twelve Investigative Characteristics To Finding The Truth” is Classifying. Once a fingerprint is located, identified, processed, analyzed, the fingerprint expert will classify what type of fingerprint it is. In child sexual assault investigations (CSAI) the type of crime is classified as being a specific law was violated. The common classifications of crimes are:

1.      Child Molestation

2.      Rape

3.      Communicating With A Minor

4.      Assault With Sexual Motivation

5.      Other

These five criminal laws classifications provide specify elements for each crime to have been committed. Under each law in order to prove that the perpetrated committed the specific crime, the State must prove beyond a reasonable doubt that the perpetrator committed the specific crime and in the process sexually touched the child on her genitilia with his hands for the reason of sexual gratification.

Depending on the amount of force used during the sexual assault will determine the classification of this crime e.g. forcible rape, indecent liberties, and etc. If the perpetrator by word or actions threatens or assaults the child in any manner during the sexual assault the classification is raised to a higher level of crime with serious consequences.

California Coalition Against Sexual Assault (Photo credit: Wikipedia)

Classifying - The District Detective will classify the case as a specific crime

The District Detective must identify who the victim was who was sexually assaulted. In interviewing the child victim the detective must ascertain the 7 w’s i.e. when, where, what, which, who, why, and how reference questions about the crime. Further, the detective must ask the following type of questions in order to properly classify the crime:

1.      If the child was unable to disclose that a crime occurred then the District Detective will close the case for whatever reason is presented to the detective

2.      If circumstances prevent the criminal investigation from occurring then the District Detective will place the case into his inactive files

3.      If the child was penetrated then the criminal charge is generally a Child Rape charge depending on the force used and the age of the victim

4.      If the child was not penetrated then the criminal charge is generally a Child Molestation depending on the force used and the age of the child

Sometimes when a child is sexually assaulted things go sideways for the pedophile. He my becomes too aggressive which may eventually cause the child to be seriously injured or murdered.

Jessica Lunsford Act (sometimes referred to as Jessica’s Law) enacted in 2005 by Congress and currently enacted in 43 States, with additional States seeking to pass it at this time, is a national movement to incarcerate pedophiles for twenty-five plus years depending on the type of sexual assault committed upon the child.

The response by Congress and the State Legislatures and Governors in these 43 States sent a message to those who sexually assault children that there will be a loss of freedom for life if they commit a sexual assault against a child. No longer will there be a slap on the hand attitude or response by the courts of men and women who sexually assault children.

Classifying a fingerprint, a crime, the type of victim, witness, perpetrator or evidence allows the criminal justice system to be structured in such a way that it is easy for those who work within in the system to accomplish and perform their roles and responsibilities.

If public employees are capable of realizing and grasping that their job is part of a chain of responsibilities then the system works. If along the way there is a failure by these employees to produce or commit to their jobs then it is possible that a child sexual assault victim may be re-victimized by the same perpetrator or an alleged perpetrator who did not commit the crime is found guilty and sent to prison.

Public servants must realize that there is significance to their position and the ramifications which occur when they fail the community that they serve. No one should believe the entire burden of whether a child is sexually assaulted in the future is theirs to worry about. However, they need to be concerned about their function and the impact their decisions will have on the individual and ultimately the community.

It is vital that everyone does their part and if the criminal justice system has positive and successful leadership, then classification will occur and be beneficial to those who become engulfed into the system.

Of the twelve characteristics classifying is one of the most important aspects of determining if a crime did or didn’t occur. If law enforcement agencies educate and train their personnel in understanding the relevance of classifying evidence and type of crime they are dealing with, then the parties involved and the community should be satisfied with the performance of their public employees and law enforcement agency.

With the use of the newest technology gadgets, classifying will provide law enforcement and those who work in the criminal justice system multiple avenues to innovate and create tools which will take classification of evidence, testimony, and criminal behavior to another level.

In the end, a law enforcement officer who clearly understands the laws and understands how to classify and apply the classification adequately and properly will become a leader who is intelligent and competent in the law enforcement community. Further, this new mindset should bring about an intense accountability against those who work outside the law i.e. pedophiles, and commit sexual assault crimes against children.

Lawrence W. Daly

www.onedaly.com

206-650-0229

onedaly@onedaly.com

Kent, WA

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Today’s Investigative Special Report – January 29, 2013 “Dealing With Todays Law Enforcement Specialized Investigations” “The “Fingerprints” Of A Child Sexual Assault Investigation – Part III”

By Lawrence W. Daly, MSc

Forensic Expert – Senior Author

In law enforcement the investigative strategies, tactics, and approaches may make a difference in the detective finding the truth about what happened to a child victim who may have been sexually assaulted. This is important as in child sexual assault investigations (CSAI) the manner in which the incident is examined, evaluated, and analyzed by the detective may determine the ultimate outcome.

English: Fingerprint (Photo credit: Wikipedia)

In child sexual assault sometimes a child is sexually assaulted on one occasion. Studies have demonstrated that 50% of the children were touched on one occasion. The reason for the one time sexual touching is children immediately report the incident. The major issue is what happens with the other 50% of a child who is sexually assaulted. Since most perpetrators groom the child, sexually assault the child, then not to be detected, the perpetrator uses coercive and threatening methods to silence the child. Being physically assaulted by the perpetrator is common in child sexual assault children; they go hand in hand.

Children become so fearful that the perpetrator will retaliate against them, or a family member, friends, or an animal, the child may never disclose the sexual assaults. There are many men and women who live with the memory of being sexually assaulted sixty plus years ago. Many people would rather die than tell that at some time in their childhood a man or woman sexually assaulted them.

Many studies have demonstrated the number of women who were sexually assaulted sometime in their childhood is a ratio of 1 out of 3 woman. Men have similar ratios of 1 out 6 were sexually assaulted in their childhood. However, during the past four decades the mental health profession has assisted men in coming forward and the ratio may be higher than studies have demonstrated i.e. the ratio being 1 out of 4 to 5 being sexually assaulted as a child.

Detection- The District Detective will need to identify the "Origin of the Disclosure"

In the “Daly’s Twelve Investigative Characteristics to Finding the Truth” the number 12 characteristic is ‘Detection.’ There is a magnitude of reasons why this characteristic was included. When a crime scene technician (CST) is capable of detecting fingerprints at a crime scene where the perpetrator is unknown, locating, and detecting the fingerprint may bring positive results to the investigation.

The same positive outcome occurs when the child discloses that they were sexually assaulted by a family member or someone else. The disclosure allows a detection process to occur which includes interviewing the child victim, witnesses, and perpetrators. If the detective performs his duties and responsibilities to the law enforcement agencies requirements, he should detect information, facts, and evidence which will assist him in CSAI.

Identification - The District Detective will need to question the child victim and witnesses reference who the perpetrator is to the victim

The fifth characteristic is “Identification” which is included in the twelve characteristics because of a distinct reason. Once a fingerprint is identified it can be classified, then depending on the circumstances the perpetrator may be identified. Sometimes a CST will identify a print, than later put the information into the National Automated Fingerprint Index System (NAFIS).

However, since the perpetrator was never fingerprinted his identity will remain unknown until he applies for a job which requires he be fingerprinted; a background is performed on him; or he is arrested at which time he is fingerprinted. So there are significant situations which may cause his fingerprints to be put in the NAFIS.

Sometimes Hollywood will have a perpetrator they believed committed a crime, but he has never been fingerprinted so there are no fingerprints in the system. During the interrogation of the perpetrator they will place some type of drink in front of the perpetrator with the hope he will leave his fingerprints on the drink item. After he leaves they take possession of the drink and then have it processed for his fingerprints. After the fingerprint is identified, they compare the fingerprints they obtained at the crime scene and in the end, the fingerprints match. They have now identified their perpetrator and can move to have him criminally charged.

In the real world this may happen when a creative and innovative detective employs intelligent and common sensical investigative tactics. Unfortunately, perpetrators are becoming more knowledgeable about law enforcement tactics and refuse to touch anything. Perpetrators for the most part are savvy enough to know what to say, what not to do, and when it is time to ask for an attorney.

When law enforcement interviews the child victim and witnesses there are several questions they will need to ask them. These questions are, but not limited to:

1.      How was the perpetrator identified?

2.      Who was the person who identified the perpetrator?

3.      Did the child victim know the perpetrator?

4.      How did the child victim know the perpetrator?

5.      Was the perpetrator a relative, stranger, friend, peer, neighbor, and so forth?

6.      How did the perpetrator have ‘alone’ time with the child victim to commit the sexual assault?

The answers to these questions and similar ones are critical to the CSAI. Sometimes children have difficulty in explaining who the person was who sexually assaulted them. Further, they may have trouble in identifying what part of their body was touched by the perpetrator. This is a common problem in interviewing young children. If parents would take the time to explain to their child what the name of their body parts is called and what their function is, the child may be capable of providing a detailed account of what happened to them.

Once the child sexual assault has been detected, the type of sexual assault occurred, and the identification of who committed the sexual assault should be enough for a criminal charge to be filed. However, in the criminal justice system perpetrators find freedom too often because the CSAI was not completed thoroughly. Just because the above three facets of the investigation strengthens the case, this should not be a sign that the detective can move on to the next case.

There are other witnesses which should be identified, pursued, and interviewed by the detective. Witnesses who may have information may be counselors, medical personnel, teachers, family, peers, friends, co-workers, and other people who may have information about the parties involved in the allegations.

The detective needs to be complete, thorough, extensive, detailed, logical, intelligent, and most importantly overall competent. The detective’s investigation will present to everyone that he is an individual who has been educated, trained, and experience in conducting CSAI’s. If the detective uses alternative hypothesis and common sense, the avenues of which investigative direction he should take during the CSAI will become apparent, positive, and successful.

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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