ACOS 1, 2

Legal Aspects of Legal Aspects of InvestigationInvestigation

The investigator and the legal The investigator and the legal systemsystem

ACOS 1, 2

ArrestArrest

3 major definitions3 major definitions any interference with a person which, if any interference with a person which, if

not privileged, would constitute false not privileged, would constitute false imprisonment imprisonment

interfering with the freedom of a person interfering with the freedom of a person who is suspected of criminal conduct to who is suspected of criminal conduct to the extent of taking him to the police the extent of taking him to the police station for some purpose station for some purpose

taking of custody upon sufficient and taking of custody upon sufficient and proper evidence for the purpose of proper evidence for the purpose of prosecution prosecution

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Ingredients for ArrestIngredients for Arrest

IntentionIntention AuthorityAuthority CustodyCustody

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Arrest is not…Arrest is not…

ChargingCharging Placing a charge on a person after Placing a charge on a person after

decision is made to prosecutedecision is made to prosecute This does not necessarily mean there has This does not necessarily mean there has

been an arrestbeen an arrest

DetentionDetention Temporary interference with the Temporary interference with the

freedom of a person for investigative freedom of a person for investigative purposespurposes

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Arrest ProceduresArrest Procedures

An arrest will occur if:An arrest will occur if: An officer has probable cause that the An officer has probable cause that the

suspect has committed a felonysuspect has committed a felony a crime has been committed in the a crime has been committed in the

presence of an officerpresence of an officer A warrant has been issuedA warrant has been issued

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Probable CauseProbable Cause An officer is allowed An officer is allowed

to make an arrest to make an arrest without a warrant if:without a warrant if: There is evidence of a There is evidence of a

crime being crime being committedcommitted

The suspect provides The suspect provides information enough to information enough to assume a crime has assume a crime has been committedbeen committed

There is reason to There is reason to believe that a crime is believe that a crime is about to be about to be committedcommitted

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WarrantWarrant

Considered a judicial orderConsidered a judicial order Must be issued by an acting judgeMust be issued by an acting judge A warrant relieves the officer of the A warrant relieves the officer of the

legality of the arrestlegality of the arrest Make note of the requirements of a Make note of the requirements of a

warrantwarrant

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Requirements of a warrantRequirements of a warrant The name of the The name of the

officer required to officer required to execute the warrantexecute the warrant

The applicable laws The applicable laws and statutesand statutes A person can only be A person can only be

arrested for the laws arrested for the laws written on the warrantwritten on the warrant

The name of the The name of the person being person being arrestedarrested

The judges nameThe judges name

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Risk in ArrestsRisk in Arrests

An investigator must consider these An investigator must consider these options before making an arrestoptions before making an arrest Will the person flee if allowed to be kept Will the person flee if allowed to be kept

freefree Will the person be of harm to others if Will the person be of harm to others if

allowed to be kept freeallowed to be kept free Will there be any harm done by making Will there be any harm done by making

an arrest too earlyan arrest too early

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The Trial ProcessThe Trial Process An investigator rarely gets to see a full trialAn investigator rarely gets to see a full trial The trial follows the following patternThe trial follows the following pattern

Direct examinationDirect examination Defense questions defense and plaintiff questions plaintiffDefense questions defense and plaintiff questions plaintiff

Cross examinationCross examination Defense questions plaintiff and plaintiff questions defenseDefense questions plaintiff and plaintiff questions defense

Redirect examinationRedirect examination A second round of direct examinationA second round of direct examination

Recross examinationRecross examination A second round of cross examinationA second round of cross examination

RebuttalRebuttal Any remarks made by the defense counsel to promote their caseAny remarks made by the defense counsel to promote their case

SurrebuttalSurrebuttal Any remarks by the prosecution to promote their caseAny remarks by the prosecution to promote their case

Closing argumentsClosing arguments Final statements by both partiesFinal statements by both parties

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EvidenceEvidence

AnythingAnything that logically tends to that logically tends to prove or disprove the innocence or prove or disprove the innocence or guilt of a suspectguilt of a suspect

In order for a piece of evidence to In order for a piece of evidence to remain of value, a lengthy procedure remain of value, a lengthy procedure must be followedmust be followed

It is suspected that the outcome of It is suspected that the outcome of the OJ Simpson trial was decided due the OJ Simpson trial was decided due to mishandled evidenceto mishandled evidence

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Handling EvidenceHandling Evidence Collect evidence without Collect evidence without

disturbing its natural statedisturbing its natural state Use gloves, keep yourself safeUse gloves, keep yourself safe

Proper storageProper storage Anything with body fluids in Anything with body fluids in

paper containerspaper containers Firearms in sturdy containers Firearms in sturdy containers

not prone to impactnot prone to impact Chain of CustodyChain of Custody

This process begins with the This process begins with the collector signing off on the collector signing off on the evidenceevidence

A form that indicates anytime A form that indicates anytime evidence is tampered with evidence is tampered with and includes:and includes:

Name of person touching Name of person touching evidenceevidence

Date and timeDate and time Reason for tampering with Reason for tampering with

evidenceevidence

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Proving the Guilt of a SuspectProving the Guilt of a Suspect

Proving a suspect Proving a suspect guilty is complicatedguilty is complicated

The graph to the The graph to the right shows this right shows this processprocess

A combination of all A combination of all evidence and lack of evidence and lack of evidence must be evidence must be used to prove the used to prove the guilt of a suspectguilt of a suspect

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Types of EvidenceTypes of Evidence Direct evidenceDirect evidence

Typically testimony of witnesses that ties the Typically testimony of witnesses that ties the suspect to the crime or scene of the crimesuspect to the crime or scene of the crime

Real EvidenceReal Evidence Referred to as physical evidenceReferred to as physical evidence Some object that is provided in court that ties Some object that is provided in court that ties

the suspect to the scene of the crime or even the suspect to the scene of the crime or even the crime itselfthe crime itself

Demonstrative EvidenceDemonstrative Evidence Illustrative evidence such as pictures, video, Illustrative evidence such as pictures, video,

interviews, maps, diagrams, etc. that provide interviews, maps, diagrams, etc. that provide assistance in explaining the case in courtassistance in explaining the case in court

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More Evidence TypesMore Evidence Types

Circumstantial EvidenceCircumstantial Evidence Anything provided other than direct evidence Anything provided other than direct evidence

that logically ties the suspect to the crimethat logically ties the suspect to the crime Example: a witness saw a suspect enter the house, then Example: a witness saw a suspect enter the house, then

she heard screaming, then she saw the suspect leave she heard screaming, then she saw the suspect leave the house with a bloody knife, she did not see the the house with a bloody knife, she did not see the stabbing but she can safely assume that one happenedstabbing but she can safely assume that one happened

Opinion EvidenceOpinion Evidence Matters of description in which a nonexpert may Matters of description in which a nonexpert may

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

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Expert WitnessExpert Witness

A person who is called A person who is called to testify in court to testify in court because of his or her because of his or her special skills or special skills or knowledgeknowledge

Permitted to interpret Permitted to interpret facts and give opinions facts and give opinions about their significance about their significance to facilitate jurors’ to facilitate jurors’ understanding of understanding of complex or technical complex or technical mattersmatters

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Evidentiary PrivilegeEvidentiary Privilege

Defendants can have these things Defendants can have these things excluded from the trial:excluded from the trial: Confidential communications between Confidential communications between

spousesspouses Confidential communications between Confidential communications between

attorney and clientattorney and client Grand jury proceedings that are Grand jury proceedings that are

considered confidentialconsidered confidential

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Hearsay RuleHearsay Rule

Because verbal evidence changes Because verbal evidence changes everytime it is presented, this rule everytime it is presented, this rule was createdwas created

This rule prevents something that is This rule prevents something that is simply heard from a witness from simply heard from a witness from being presented in courtbeing presented in court

There are a few exceptions to this There are a few exceptions to this rulerule

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Exceptions to the Hearsay RuleExceptions to the Hearsay Rule Confessions- A confession is an acknowledgment by a Confessions- A confession is an acknowledgment by a

person accused of a crime that he or she is guilty of that person accused of a crime that he or she is guilty of that crime. Confessions made out of court falls within the crime. Confessions made out of court falls within the hearsay rule. For such confessions to be admissible, they hearsay rule. For such confessions to be admissible, they must meet the tests of admissibility and overcome the must meet the tests of admissibility and overcome the assumptions of unreliability and untrustworthiness. assumptions of unreliability and untrustworthiness.

Admissions- One who makes an admission does not Admissions- One who makes an admission does not acknowledge all. The facts surrounding the crime necessary acknowledge all. The facts surrounding the crime necessary to constitute guilt but does admit to certain facts or to constitute guilt but does admit to certain facts or circumstances from which guilt may be inferred by the jury. circumstances from which guilt may be inferred by the jury.

Spontaneous and Excited Utterances- If one makes a Spontaneous and Excited Utterances- If one makes a spontaneous or excited utterance after something startling spontaneous or excited utterance after something startling or unusual has happened, the utterance may be admissible or unusual has happened, the utterance may be admissible as an exception to the hearsay rule when testified to by one as an exception to the hearsay rule when testified to by one who heard it made. who heard it made.

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Exceptions continued…Exceptions continued… Dying Declarations- A Dying Declarations- A

declaration concerning the declaration concerning the facts and circumstances of facts and circumstances of the fatal injury made by the the fatal injury made by the victim of a homicide is victim of a homicide is about to die, expects to die, about to die, expects to die, and does not hope to and does not hope to recover is admissible as an recover is admissible as an exception to the hearsay exception to the hearsay rule. rule.

Former Testimony- Written Former Testimony- Written or oral testimony in a or oral testimony in a hearing or trial falls within hearing or trial falls within the hearsay rule if that the hearsay rule if that testimony is sought to be testimony is sought to be introduced in a later judicial introduced in a later judicial proceeding. proceeding.