criminal investigation the art and the science, 5/e by michael d. lyman prentice hall © 2008...
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CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
1
UNIT 6: Learn
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
2
UNIT 6: TO DO LIST
Discussion Board
CORNERSTONE – CHAPTER 5
Weekly Seminar
Quiz
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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LASSI
Learning and Studies
Strategy Inventory
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Your Results
LASSI can be broken down into three areas:Skill: Information processing, Selecting Main Ideas, Test Strategies
Will: Anxiety, Attitude, Motivation, Self-Regulation: Concentration, Self-Testing, Study Aids, Time Management,
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Anxiety
Anxiety: Most anxiety incapacitates us when we have not taken the time to prepare and prevent an academic situation, which overwhelms us. Work on techniques that work for you when it comes to coping with your particular anxieties. Decrease
your anxiety by educating yourself on how to focus on the undertaking at hand and not the anxiety.
When you start to build on your study skills, preparation, and stress reduction, you will also
work on decreasing your anxiety.
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
6
Attitude
Explore what your college degree from Kaplan means to you. Decide what interests you about college and why you have chosen to get
your degree. Set your ambition and goals in a constructive direction that will help change your attitude and guide you towards a path
of personal success.
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Concentration
Try skills to improve concentration like: taking short breaks, removing distractions, establish
priorities, eating healthy meals, getting plenty of sleep, and having: Try a comfortable place to
study.
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Communication
The communication scores confuse many students because they feel they are competent communicators. The communication scale of the
LASSI is based on your online communication attitude and your inclinations towards communicating online. It also measures your use of
online communication tools. Acclimate yourself with the online communication process by exploring Kaplan, your virtual classrooms,
and do not be afraid to post, post, post on those discussion boards.
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
9
Information Processing
Methods such as SQ3R and the Cornell method of note taking will aid you in improving information
processing. Practice: summarizing your work; discovering the main ideas, learning how to
paraphrase paragraphs; and dividing data into basic categories and interpretations
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Motivation
Start to set goals for particular projects, discussion boards and seminars. Most
importantly, start accepting that personal responsibility begins with YOU. Ensure your
improving motivation by keeping a calendar and “To Do” lists. Your assignment goals, deadlines
and expectations should be included on your calendar and “To Do” lists.
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Self Testing
: Learn how to oversee and understand your comprehension levels of materials. Practice
the Forgetting Curve, provided in Doc Sharing, so you are self-testing daily
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Selecting the Main Idea
Remember, the main idea of a paragraph is usually found in the introduction sentence- the first sentence of the
paragraph OR the last sentence- which is the conclusion sentence of a paragraph.
Practice paraphrasing paragraphs and pinpointing the main ideas.
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Each of us has our own learning style, as we learned in Unit 6. Utilize your learning styles to create study aids, which will work best for your particular style.
This can include: flash cards, creating categories of information, listening/ reading to your academics while you work out, creating a song that contains your study materials, and/or creating an artistic compilation of your studies. Also, be
aware of your resources at Kaplan and at home that you can utilize.
Each of us has our own learning style, as we learned in Unit 6. Utilize your learning styles to create study aids, which will work best for your particular style.
This can include: flash cards, creating categories of information, listening/ reading to your academics while you work out, creating a song that contains your study materials, and/or creating an artistic compilation of your studies. Also, be
aware of your resources at Kaplan and at home that you can utilize.
Study Aides
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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TIME MANAGEMENT:
Scheduling, and the skills behind time management that we cover in Unit 2, are essential for you to be incorporating in your every day life. Start using a
schedule; practice saying “no” when it is necessary; remove clutter from your life to help you focus; learn
how to handle the distractions in your life; concentrate on how you manage your time to achieve your dreams;
and steer clear of procrastination.
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
15
Test Strategies
Practice techniques and skills we have been focusing on this term to help in preparing you for tests. Test taking
strategies and test preparation are areas you should focus on, as well as knowing
how to effectively take the different types of test instructors provide (essay,
multiple choice, true or false, short answer).
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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UNLOCKING THE KEYS TO SUCCESS
EACH CLASS YOU SUCCESSFULLY COMPLETE UNLOCKS ANOTHER
PIECE OF YOUR FUTURE.
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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See you next week!
Continue working on your final project!
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Making an Arrest
Chapter 8
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Introduction
• “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The Fourth Amendment to the US Constitution
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Different Notions of an Arrest
• The official interaction between a peace officer and a suspected law-breaker when the suspect is captured and delivered before the court, or
• A simple restriction of one’s freedom by and agent of the government
• Doesn’t require a verbal statement “You’re under arrest” or even Miranda warning
• Certain constitutional rights are forfeited during arrest
• Probable cause requirement
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
21
The Legal Arrest
• Officer must come to the conclusion that: a crime has been committed, and that the suspect is probably the one who committed
it.
• The presence of these elements constitutes the probable cause needed for a legal arrest
The USSC has liberally interpreted the warrant requirement in the constitution
Most arrests follow questioning of a suspect
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
22
Detention Versus Arrest
Police intervention can be:
• Contact Subject is free to walk away
• Consensual encounter Officer may not exert any authority over the subject
• Investigative detention Less than an arrest but more than a consensual encounter
when a person thinks that he or she cannot just walk away
• Detention Suspect is placed under arrest by officer
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
23
Investigatory Stops
• Terry v. Ohio (1968) “Terry stops” have three constitutional requirements for an
investigative stop to be lawful:1. The officer must be able to point to objective facts and
circumstances that would warrant a reasonable police officer to link the detainee’s conduct with possible criminal activity.
2. The officer must proceed with the investigation as expeditiously as possible, to avoid unnecessarily prolonging the period of involuntary detention.
3. The officer must stay within the narrow investigative boundaries allowed for reasonable suspicion in Terry stop situations.
• Investigatory stops are allowed on a lower degree of suspicion than arrests.
• Some investigatory techniques are too intrusive and too much like an arrest to be validated by reasonable suspicion alone.
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
24
During a Terry Stop
Officers should avoid:
• Giving Miranda prior to probably cause
• Perform frisk without reasonable suspicion
• Transport detainees or perform acts associated with arrests
Without exigent or reasonable circumstances
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
25
When Is a Person Under Arrest?
• The courts have held that a suspect is seized within the meaning of the Fourth Amendment whenever a law enforcement restricts their freedom to leave
When their liberty is restrained and brought under an officer’s control• Either by submission to a show of legal authority or
physical restraint.• California v. Hodari (1991)• County of Riverside v. McLaughlin (1991)• Florida v. Bostick (1991)
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Use of Force
• Our society recognizes three legitimate and responsive forms of force:
The right of self-defense, including the valid taking of another person’s life to protect oneself
The power to control those for whom some responsibility for care and custody has been granted, i.e., an authority figure, such as a prison guard
The institution of a police group that has relatively unrestricted authority to use force as required
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
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Defining Use of Force
• Battery An intentional, nonconsensual bodily contact that a
reasonable person would consider harmful
• Assault To intentionally put someone in fear of immediate
battery or to threaten someone while having the apparent ability to carry out that threat
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
28
Understanding Reasonableness
• Three key factors used to evaluate an officer’s use of reasonable force:
The severity of the crime committed Whether the suspect posed an immediate threat to
the safety of officers or others Whether the suspect actively resisted arrest or
attempted to evade arrest by flight
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
29
Levels of Force
• Permissible use of force increases with each threat level
Verbalization Firm grip Compliance holds Intermediate force Deadly force
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
30
Deadly Force
• Actions of police officers that result in the killing of a person or persons
• Fleeing-felon rule Tennessee v. Garner (1985) ruled that for the employment of
deadly force by police to be lawful, it must be “reasonable.” Reasonable deadly force is authorized under three circumstances:• To prevent an escape when the suspect has threatened an
officer with a weapon• When there is a threat of death or serious physical injury to the
officer or others• If there is probable cause to believe that the suspect has
committed a crime involving the infliction or threatened infliction of serious physical injury and, when practical, some warning has been given by the officer.
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
31
The Deadly Force Triangle
• Ability Suspect’s physical capacity
to harm an officer or another innocent person
• Opportunity Suspect’s potential to use
his or her ability to kill or seriously injure
• Jeopardy When suspects take
advantage of their ability and opportunity to place an officer or another person in imminent physical danger
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
32
Off-Duty Arrests
• If the crime appears to be one where no one is in immediate jeopardy, the officer is best advised simply to assume the role of a good witness.
• An arrest should be made when: The officer is not personally involved Immediately needed to prevent a crime The crime would involve a full custodial arrest The arresting officer possesses appropriate
equipment and ID
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
33
Postarrest pProcedures
• Officers are responsible for the safety of arrestee(s).
• Officers should conduct a thorough search for drugs and weapons.
Preferably from someone of the same sex of the arrestee(s).
• All evidence should be documented.
• Strip searches should not be done in the field except under extreme circumstances.