MPTC Criminal Investigations Latest 2023 Graded A

MPTC Criminal Investigations Latest 2023 Graded A RESPECT model when conducting Criminal Investigations Respond and make it safe, Emergency care for injured, Separate and remove people, Protect crime scene, Evidence collection, Corroborate evidence with M.G.L., Take action/Testify, Best practices securing Inner Perimeter Make at least TWICE the size of actual crime scene, Clearly mark perimeters with line tape, Only allow authorized investigators to the inner perimeter, ID pathway through inner perimeter that minimizes evidence contamination, establish single entry and exit point, Establish crime scene log, document all who go in and out, date/time in/out and reason Best practices in establishing Outer Perimeter Staging area for support personnel and equipment, Store equipment and supplies, have a log of equipment, assets, and supplies. Documenting the crime scene Rough Sketch- basic overview of the crime scene, conducted after initial walkthrough, include date,time, not to scale, symbol legend, relevant measurements and dimensions. Photographing Crime Scene - Do not use personal camera or phone, photograph evidence in natural state. Use a planned system to document, start with an overall perspective, then a midrange perspective, the close up of any evidence, injuries, serial numbers or impression evidence, do not delete any photos or use editing software. direct evidence Evidence that directly links a person to a crime without the need of any additional evidence or inference Circumstantial Evidence Evidence relies on a inference to connect a conclusion or fact. Physical Evidence tangible items that tend to prove some material fact; also called real evidence Testimonial Evidence It includes first-hand statements made by victims, witnesses, suspects or police. MAy be direct or circumstantial. exculpatory evidence evidence that suggests the defendant's innocence, or clears them from the crime relevant evidence Tendency to make a fact more or less probable than it would be without the evidence Reliable evidence That has not been tampered with and in substantially the same condition as evidence originally seized by police when presented in court. Chain of custody the chronological documentation, or paper trail, showing the seizure, custody, control, transfer, of evidence collected. Must show all who come in contact with the evidence. Physical Evidence Is the most compelling because it is tangible and harder to dispute. Examples: Money, drugs, clothing Trace Evidence Is transferred from one surface to another during physical contact between people, places and objects. Examples: soil, minerals, gunshot residue, human/animal hair, textile, wood, glass an paint fibers DNA Evidence Evidence includes human hair, tissue, bone, teeth, blood, saliva, semen, or other bodily fluids. Highly susceptible to contamination. Types of Fingerprint evidence Plastic - can be seen with naked eye when left on a mailable surface Patent - can be seen with naked eye and left behind when materials on finger is transferred to another surface Latent - cannot be seen with the naked eye and is left behind when oil and sweat on finger is transferred to a smooth, nonporous surface. Impression Evidence Created when one object presses against another with enough force to leave a matching imprint. Examples: shoe prints, tire tread, human bite marks, can be found in snow, blood, dirt and human skin Packaging of Clothing, Bedding and Linen evidence Wet evidence must be aired dried before storing WET clothing, bedding, linens - use a nonporous container to temporarily collect DRY - paper bags, cardboard boxes Package evidence separately by source to prevent cross contamination Weapons Evidence Collection Includes firearms, knifes, ammunition baseball bats etc used to commit a crime Process for DNA and Trace Evidence first Refrain form touching, unless there is a risk of safety. IE: Loaded weapon DO NOT insert anything into barrel of firearm Unload firearm and use plastic Zip Tie to make device inoperable Document total number of unspent rounds in firearm chamber, cylinder or magazine Currency Evidence Includes coins, cash and stock/bond certificates. ID total amount for each denomination Use a second person to verify and witness count by name and signature use plastic bag and heat seal or tamper proof seal them. Digital Evidence Electronic files found in computers, flash drives, memory cards ,security cameras, cell phones. All memory involved. document evidence Documents or papers includes checks, billing statements, purchase receipts financial records handwritten letters. Do not alter documents by stapling, folding, taping or marking Types of Evidence Searches Place Search - determined by circumstances and evidence sought Systematic Search - determined by officer preference, top down, front to back, left to right, Outside to inside Lane Search - used to cover large areas quickly. Max lane width 6 feet, search lane from both ends. Grid search - used to cover areas more thoroughly for evidence that is hard to find Person - frisk is a warrantless search. Use systematic and zones methods Body cavity - must have probable cause to do so, touching requires a search warrant personal inventory - follow dept policy Vehicle searches - systematic and zone methods to search. Describe a Show Up Live in person presentation at the scene of one or more suspects to a single witness. Must have good reason, exigency, and use best practices. Should be done within 2 hours minimize suggestiveness Photo Array ID relevant estimator variables Control system variables Use a min of 6 photographs Use current photos Use filler photographs the depict similar features Suspect clothing should not stand out Use double blind administration Show all photos one at a time, can reshow 2 times Ask witness to explain his/her certainty Give consistent instructions Never use same people in live lineup in photo array Report details of photo array Definition of Accident intent sudden, unexpected happening that occurs without intention or design Definition of Knowingly intent a voluntary and intentional act, not because of mistake, accident, negligence or other innocent reason Definition of Malice intent intentional and without justification or mitigation, and out of cruelty, hostility or revenge Definition of Negligent Intent conduct that a reasonable and careful person would not do Definition of Reckless Intent conduct is very likely to cause substantial harm, and person should have known that their conduct poses such risk but did so anyway Definition of Wanton Intent conduct that consciously disregards, or is indifferent to, an immediate danger of substantial harm to other people or their property Definition of Willful Intent w/ purpose and by design, and not out of mistake or accident Types of Intent Specific- intent exists when offender has a specific "purpose" for committing the grime General:- intent exists when offender knowingly commits a crime Transferred- intent exists when an offender intends to commit one crime but ends up committing an unintended crime. Offender's intent to commit the second or unintended crime is presumed if it is a probable consequence of the first intended crime Case status Unsolved- leads were exhausted and offender remains unknown Active- potential evidence still exists and needs to be collected, reviewed or checked Solved -offender was identified and charged Types of Vicimization Financial- lost property, money or wages from employment Physical- personal injuries sustained from crime Emotional - victims can experience a wide range of feelings, not limited to anger distrust, fear and loss of self-worth Victim Finnacial Assistance Right to compensation Crime must be reported to police within five (5) days unless there is a reason Victim must cooperate w/ law enforcement Victim must apply for compensation within three (3) years of offense date MA Criminal court process for filing criminal complaint 1. Charges 2. Arraignment 3. Pre trial 4 Grand Jury 5 Discovery 6 Motion to suppress 7 Trial 8 Sentencing 9 Appeal