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Criminal Investigations

by: Candida Hayes

Criminal Investigations CJA 4330

Candida Hayes
GPA 3.61

Dennis Powell

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Dennis Powell
Class Notes
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This 22 page Class Notes was uploaded by Candida Hayes on Wednesday September 23, 2015. The Class Notes belongs to CJA 4330 at Middle Tennessee State University taught by Dennis Powell in Fall. Since its upload, it has received 49 views. For similar materials see /class/212950/cja-4330-middle-tennessee-state-university in Criminal Justice at Middle Tennessee State University.


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Date Created: 09/23/15
Criminal Investigations lVIidterm Standards of Proof N 0 Signi cant Proof Complete doubt Reasonable Basis The signi cant possibility that a person has or is about to commit a crime Probable Cause The substantial likelihood that a person has committed a crime Preponderance of the Evidence It is more likely than not that a person has committed a crime Prima Facie Case Upon rst disclosure of the prosecution evidence a person is clearly guilty with no reasonable doubt Proof Beyond a Reasonable Doubt Based on all the evidence a person is clearly guilty with no reasonable doubt Absolute Proof of Guilt Person is clearly guilty with no reasonable doubt Too high of an expectation Bill of Rights 4th Amendment A Unreasonable Searches and Seizures Warrants Oath 0r Af rmation Probable Cause Particular description of places to be searched and persons or things to be seized gtgtgtgtgtgtgtgt 5th Amendment A Grand Jury A Double Jeopardy A Just Compensation A Self Incrimination A Due Process 6th Amendment A Speedy Trial within the jurisdiction where the crime was committed A Right to Counsel A Right to Confront Witnesses A Compulsory Process 7th Amendment A Jury 8th Amendment A Excessive Bail and Fine A Cruel and Unusual Punishment 14th Amendment A Everyone Born in the United States is a Citizen and are Entitled to Due Process A Equal Protection 5 Questions Hans Cross A Wrote the rst major book describing the application of scientific disciplines to criminal investigation Titled Criminal Investigation Translated into English in 1906 A public prosecutor and later a judge from Graz Austria gtgtgtgtgt Alphonse Bertillon A The father of criminal investigation First country to use ngerprints as a system of criminal identi cation A England Probable Cause A A condition in which an of cer has suspicion about an individual and knowledge of facts and circumstances that would lead a reasonable person to believe that a crime has been is being or is about to be committed The form and contents usually include The authority under which the warrant is issued The person who is to execute the warrant The identity of the person to be arrested The designation of the offense The date time and place of the occurrence The name of the victim A description of the o ense and how it occurred P gtgtgtgtgtgtgtgtgt John Doe warrant requirements A Place ofresidence A Occupation A Physical description Where is the Due Process Clause found A 5Lh Amendment What protects citizens from Unreasonable Searches and Seizures A 4 Amendment Ingredients of an Arrest A Intention A Authority A Custody Detention A The temporary and limited interference with the freedom of a person for investigative purposes Mapp V Ohio A Any evidence unreasonably searched and seized would no longer be admissible in any court state or federal Stop and Frisk A Terry v Ohio Fruits of the Poisonous Tree Doctrine A Evidence obtained from an Unreasonable Search and Seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before Felony A A serious violation of the criminal code punishable by imprisonment for one or more years or by death Preliminary Investigation A The process undertaken by the first of cer to arrive at the scene of a crime A Steps of a Preliminary Investigation 0 Secure the Crime Scene 0 Determine the Crime Scene 0 Control the Crime Scene All the Little Things In Between 0 F ollow Up Investigation A The process of gathering information after the generation of the incident report and until the case is ready prosecution If a suspect is not arrested at the scene A Issue a BOLO Be On the Look Out Three major crime scene functions A Overall Coordination A Technical Services A Investigative Services Corpus Delicti Evidence A Evidence that substantiates elements whose commission or omission must be demonstrated to have occurred in order to prove a case Competency of a Witness A A witness39s quali cation for testifying in court which depends on circumstances that affect the person s legal ability to function as a sworn witness Creditability of a Witness A That quality of a witness that renders his or her testimony worthy of belief established in terms of presence consciousness and attentiveness during interviews Best form to document an interview A Sound and Visual Recordings Interrogation Accusatory A conversation between an investigator and a suspect that is designed to match acquired information to the suspect and secure a confession Escbedo and Miranda address A Self Incrimination Miranda Warnings The right to remain silent The right to be told that anything you said can and will be used in court The right to consult with an attorney before answering any questions and the right to have an attorney present during interrogation The right to counsel Ifthe suspect cannot afford an attorney the court will appoint one gtgtgt gt Good Characteristic of an Interrogation Room A Sparsely furnished Brown V lVIississippi A Under no circumstances could a confession be considered freely and voluntarily given when it was obtained as a result of physical brutality or violence in icted by law enforcement o icials on the accused Incident Report A The rst written investigative record of a crime usually compiled by a uniformed o icer assigned to the call who conducts the preliminary investigation Narrative Style Report A In incident reports the officer s written chronological account of events at the crime scene from the time he or she arrived until the assignment was completed Criminal Profilin A The process of inferring distinctive personality characteristics of individuals responsible for committing crimes Forensic Science A The examination evaluation and explanation of physical evidence in terms of law Measures of Crime Laboratory Effectiveness A Quality A Proximity A Timeliness A Admissibility of Examination Results Fracture Matching A The alignment of the edges of two items of evidence thereby showing that both items were previously joined together A Used with glass and other breakable objects that can be pieced together Striations A Tiny furrows made by the action of a tool on an object s surface A Such as the marks left on a door s hinge from an attempt to force the door open with a pry bar A Bullets Chain of Custody A The witnessed unbroken written chronological record of everyone who had an item of evidence and when each person had it also accounts for any changes in the evidence Number of Crime Scene Search Patterns A 5 Rough Sketch A A drawing made at the crime scene not drawn to scale but indicates accurate dimensions and distances Smooth Sketch A A finished sketch of the crime scene often drawn to scale using information contained in the rough sketch Types of Evidence A Class A Individual Types of Evidence you cannot scrap A Blood A Paint Before you move any Physical Evidence you should A Take a picture of it 3 Types of Fingerprints A Plastic Prints A Contaminated Visible Prints A Latent Invisible Prints Hair is most commonly found in what type of crimes A Violent Crimes List and explain the felony process in order 50 pts Commission of a Crime Pre Arrest Investigation Establish Corpus Delicti that a crime has actually been committed Establish Probable Cause suf cient evidence to identify a suspect Arrest The taking of a person into custody for the purpose of charging them with a crime Arrest Warrants must show Name of offender Nature of the offense Time amp date of the offense Corpus Delicti amp PC which suf cient facts for trial JohnJane Doe warrants must particularly describe the individual as to distinguish them from all others Only peace officers can execute arrest warrants Booking Clerical process that documents the arrest Defendant is put in a holding cell Everything is inventoried Post Arrest Investigation Finding new evidence and building the case Decision to charge Must be made within the first 36 hours Police make the initial decision and DA makes the nal decision Filing of a complaint Formal charging takes place Complaint a legal document prepared by the prosecutor filed with the court setting forth a charge against the accused Complaint must show Name of offender Nature of offense Date place of the offense Corpus Delicti and PC Magistrate Review of the Complaint Magistrate reviews the complaint and checks for valid PC and makes sure a legal arrest has been made The rst appearance Defendant is brought before the magistrate from the holding cell Given a copy of the complaint Advised of his rights Right to remain silent Right to council Bail is set if applicable The Preliminary Hearing Conducted before a magistrate without a jury The Defendant must be present and may have council The Prosecution presents evidence against the accused There must be an opportunity by the Defense to cross examine prosecution witnesses The hearing is open to the public unless the D requests it be closed Requires same degree of proof as a Grand Jury Determines whether there is suf cient evidence supporting the charge to send the case fonNard to the grand jury where a grand jury is used or to the trial Only a preliminary proceeding cannot result in nal judgment Grand Jury Review Grand Jury a group of persons representing a cross section of the county with a primary purpose to hear certain types of criminal accusations to determine suf cient facts for trial Must be empaneled sworn in Oath of duty secrecy and con dentiality Usually meet at the request of the prosecutor There is a prosecutor and court reporter present These are closed hearings The Defendant is not entitled to be present Prosecutor presents evidence against the accused Grand Jury has the authority to call the accused or other witnesses If Grand Jury nds insufficient facts for trial it s called a bill of ignoramus or a no bill If Grand Jury does find sufficient facts for trial it s called a true bill Filing of the indictment or information 30 days for the DA to file the indictment Arraignment on information or indictment Defendant is informed of the speci c charges against them Plea is entered uity Not guilty Nolo contendre no contest Pre Trial Procedures Discovery each side learns about evidence being presented from the other side Legal challenge to the prosecution Right to speedy trial change of venue admissibility of evidence etc Decided in camera in the judge s chambers The Trial An adversary fact finding proceeding Place of the trial is state and jurisdiction where crime is committed Jury is the neutral fact nder in a jury trial Jury must find guilt beyond a reasonable doubt In most jurisdictions jury verdicts must be unanimous Juries that cannot reach a unanimous verdict are considered hung and the case is retried with a new jury Sentencing Determinant sentencing has a de nite sentence Indeterminate sentencing gives the judge discretion in setting a maximum and minimum sentence Pre sentence report prepared by probation officer Defense and Prosecution may call relevant sentencing information to the court s attention but no hearing takes place Judge may consider aggravating and mitigating factors and evidence that was inadmissible at trial 0 Appeals and Collateral Attacks 30 days to le a petition of certiorari The accused automatically has the right to have his case reviewed by an appellate court to check for legal errors in trial proceedings Writ of habeas corpus a directive of the court to bring the prisoner fonNard so it can consider the validity of his continued sentence New evidence can be considered but the accused will not have his conviction reversed unless it is clear that the evidence would have acquitted him had it been presented in his original trial 0 Probation and Parole Revocation Probation revocation hearing for Defendant who violates terms and conditions of probation Parole hearing for a Defendant who has served a minimum sentence Parole revocation hearing for Defendant who has violated parole conditions 0 Final Release List the 4th 5th 6th 7th 8th amp 14th Amendments 20 p13 0 4th Amendment Protects against unreasonable searches and seizures Warrants shall be issued upon probable cause and supported by an affirmation or Oath Warrants must particularly describes the places to be searched and personsthings to be seized D 5th Amendment Grand Jury Double jeopardy Due process Just compensation D 6th Amendment Speedy and public trial by an impartial jury Nature and cause of accusation Right to confront witnesses Assistance to Counsel 0 7th Amendment Trial by jury D 8th Amendment No excessive bail or fines Cruel and unusual punishment 14th Amendment Persons born or naturalized in the US and subject to the jurisdiction thereof are citizens of both the US and the State in which they reside No person shall be deprived of life liberty or property without due process of law List the 7 standards of proof No significant proof Reasonable basis Probable cause Preponderance of evidence Prima facia Proof beyond a reasonable doubt Absolute guilt What is semen A grayish white fluid produced by the male reproductive organs Characteristics of an entry gunshot wound The skin is pressed inward stretched and then perforated in the stretched condition alter which it returns to its original position The entry opening is smaller in diameter than the bullet which causes the contusion ring on the skin Who preforms an autopsy Medical ExaminerForensic Pathologist eMurder f quot see chart Power Assertive Power Anger Retaliatory Anger Excitation Reassurance Rape is planned murder is not Rape is planned murder is not Rape and murder are planned Rape and murder are planned Power interest Power interest Anger driven Anger driven Killer s increasing aggression toward victim ensures control Killer acts out fantasy and see reassurance from the victim Killer seeks revenge for anger toward another person by attacking a symbolic victim Killer engages in prolonged torture exploitation andor mutilation thereby energizing his fantasy life Usually in his early twenties and somewhat emotionally primitive Tries to express sexual competence through seduction The rape is planned but the murder involves overkill Designed to inflict pain and terror on the victim for the gratification of the perpetrator Displays confident body posture the offender cruises in his well attended car carries weapons Intellectually and educationally equal to most other types of offenders the murderer relies Is seen as an explosive personality who is impulsive quick tem e and self centered In Organized often well appearing person who is bright and socially facile with others Late and shows an arrogant and condescending attitude to others egtltcessively on fantasies May appear dull and somewhat emotionally scattered dealing with people he is not reclusive but is a loner in the midst of a crowd Generally relations are superficial Prefers playing teamcontact sports Does not use pornographic materials for stimulation bloomer may have a unstable work history Works well with his hands Interview procedures of a rape victim often referred to as the second rape The initial interview should not be excessively long The detailed interview should be handled the following day if possible The interview should be conducted in a comfortable environment with absolute privacy away from everyone including Husbands Boyfriends Parents Friends and Anyone else personally associated with the victim The interviewer must elicit trust and con dence from the victim Why women don t report rape Lack of belief in the ability of the police to apprehend the suspect Worries about unsympathetic treatment from police and discomforting procedures Apprehension a result of television programs or newspaper reports of being further victimized by court proceedings Embarrassment about publicity however limited Fear of reprisal by the rapist What is a Grand Jury The Grand Jury is comprised of 16 23 private citizens selected to review cases for a term of one to several months How is a Grand Juror empaneled By taking an oath of duty secrecy and confidentiality Grand Jury functions The frequency they meet varies in relation to crime and cases They usually meet at the request of the prosecutor Prosecutor and court reporter are present Closed hearings Defendant is not entitled to be present Has authority to call the accused or other witnesses If the G finds insufficient facts for trial its a no bill or bill of ignoramus If the G finds sufficient facts for trial its a true bill What is a writ of habeas corpus D A directive by the court to bring the prisoner before the court so it can consider the validity of his continued detention List the 3 evidentiary screening stages 3pts 0 Magistrate Review of the Complaint 8 0 Preliminary Hearing 10 0 Grand Jury Review 11 Anger retaliatory rapist violence is planned Anger excitation murder both rape and murder are planned Which statement about the type and sequence of sexual assault is accurate page 320 in the 10th ed amp page 338 in the 9th ed1 The medical specialist called to examine a living rape victim is a gynecologist The USDOJ estimates 75 of sexual assault victims are acquainted with their attackers How many classi cations of rape murder there are 4 Which rape murderer uses symbolic gures Anger Retaliatory The rapist who takes evidentiary items suggests prior rape experience or an arrest history The differences between initial interview and follow up interview for a rape victim is the length and location of the interview Characteristics of lacerations puncture wound and incise wounds Multiple stab wounds in relative close proximity indicates the victim didn t struggle or was either dead or unconscious Emotionally primitive rapist is Power Assertive Livor mortis is a reddish purple coloration in dependent areas of the body due to accumulation of blood in the small vessels of the dependent areas secondary to gravity 0 Usually begins within 30 mins to 2 hrs after death Algor mortis determines the time of death by measuring the decrease in body temperature 0 Most helpful within the first 10 hrs after death Rigor mortis is when the joints of the deceased become rigid and freeze D A body is in complete rigor 10 15 hours after death 0 The body remains rigid for 24 36 hrs before the muscles begin to relax Criminal Investiqations Midterm Review MULTIPLE CHOICE 1Alphonse Bertillon is the Father of Criminal Identification 2 Criminal Investigation was the FIRST book describing application of scientific disciplines to criminal investigation by HANS GROSS 3 Due Process Revolution 1961 1966is a concept laid out in the Miranda Ruling that has long been the subject ofjudicial controversy and has no universally accepted definition Concept of fairness Eventually Due Process Amendments are applied to states 4 England was the FIRST country to use dactylography or fingerprints as identification 5Probable Cause means that there is a substantial likelihood that something occurred Officers must have Probable Cause in order to stop or arrest someone It is more than suspicion but less than actual knowledge 6 Arrest Warrants generally have the authority under which the warrant is issued state the person who is to execute the warrant any peace officer identity of person to be arrested designation of offense name of victim description of offense and how it occurred and the date time and place of occurrence 7 Mapp v Ohio established that any evidence illegally obtained is NOT valid or allowed in a court of law Exclusionary Rule 8 Terry v Ohio established the limited detention and stop and frisk 9John Doe Warrants are valid when the subject s name is unknown but it has to contain other ways of identification such as description place of residence and occupation 10 The 5th Amendment is in the Bill of Rights and calls for Due Process 11 The 4th Amendment is in the Bill of Rights and protects from unreasonable search and seizure 12Detention is a temporary and limited interference with the freedom of a person for investigative purposes 13 Intention Authority and Custody are the 3 ingredients of an arrest 14 Overall Coordination Technical Services and Investigative Services are THREE major functions executed at a Crime Scene 15 Fruits of the Poisonous Treequot is any evidence that is seized as a result of prior illegally seized evidence and that is now tainted as a result 16A Felony is an act punishable by imprisonment for a term of one or more years or by death 17A FollowUp Investigation is the effort expended by the police in gathering information during the period between the initiation of the original report and the time the case is ready for prosecution or closed 18A BOLO or beonthelookout is issued when the suspect is not arrested at the crime scene 19Criminalistics is the application of scientific disciplines such as geology physics chemistry biology and mathematics to criminal investigation and the study of physical evidence 20Forensic Science is the examination evaluation and explanation of physical evidence in terms of law 21 The Preliminary Investigation is the actions taken by the first officer on the crime scene immediately after its detection and reporting 22 Corpus Delicti Evidence serves to substantiate elements whose commission or omission must be demonstrated to have occurred in order to prove a case or that a crime occurred 23Sound Recording or SoundandVisual Recording are the best forms of documenting an interview or interrogation 24Cold Hungry and Sleepy witnesses tend to be 25 Interrogation is the process of testing information and applying it to a suspect 26 Physical amp Emotional Characteristics External Influences and Attitudinal and Behavioral Factors at the time of the crime ALL effect a witness s perception 27Competency refers to a witness s personal qualifications for testifying in court 28 Being Conscious Present and Attentive are ALL essential qualifications for Credibility of a witness 29Escobedo and Miranda address the issue of reading a suspect their rights before being questioned IF the information gained from the interrogation will be used in court 30Miranda Right to Remain Silent Right to be told that statements will be used in court Right to an attorney for questioning and Right to counsel 31Plain and Sparsely Furnished interrogation rooms are the best types of interrogation rooms to avoid distractions 32Brown v MSIaid out that police can NOT beat a suspect into confessing 33Corroborating Evidence is the best way to test the validityadmissibility of a confession 34Field Notes represent a shorthand record of events made by an officer from the time of arrival until completion They are more reliable they are the primary information source and they defend the officer s integrity 35Chronologically is the BEST way to write a narrative report 36Solvability Factors include Witnesses to a crime Knowledge of a suspect s name Knowledge where a suspect can be located Description of a suspect Identification of a suspect Property with identifiable characteristics marks or numbers so it can be traced A significant modus operandi Significant physical evidence Description that identifies the vehicle used by the suspect Positive results from a crime scene evidence search Belief that a crime may be solved with reasonable additional investigative effort Opportunity for but one person to have committed the crime D All of the Above 37Neighborhood Canvas comes after police have information related to the offense fill description of suspect any injuries sustained by suspect and type of property taken 38 Criminal Profilingis the process of inferring distinctive personality characteristics of individuals responsible for committing crimes 39Crime Labs prove D ALL OF THE ABOVE 40 Quality Proximity and Time are all factors in Crime Lab Effectiveness TRUE Z FALSE 1 Sufficient facts for trial have corpus delicti evidence and probable cause True 2 The 4 keys to a Preliminary Investigation in regards to a Crime Scene are Securing it Determining it Controlling it and ALL THE LITTLE THINGS True 3 The Chain of Custody is the witnessed unbroken written chronological history of who had the evidence when True 4 There are four basic crime scene search patterns False 5 5 Triangulation BaselineCoordinate CrossProjection and RoughSmooth Sketches are all types of Sketching Methods True 6 Class and Individual are 2 basic characteristics of evidence True 7 NEVER scrape blood or paint chips True 8 There are 3 types of fingerprints plasty latent and contaminated visual True 9 Dental Evidence can be used to identify a suspect or victim True Bite Mark Evidence can yield DNA and should be photographed True Hair Evidence can tell race age area manner removed shampoosubstances drugs taken and whether it was subject to force True 10 Hair is commonly found at violent crimes True 11 Blood StainsSpatter depend on type location and number of wounds type of weapon movements by victim Can determine direction of travel distance blood traveled angle nature of weapon number of blows voids in spatter amp time True 12Rifles and Pistols have rifling and Shot guns have smooth bore True 13 The bore is the diameter of the barrel s interior between the high lands True 14Striaare scratches made on the bullet by its rotation through the barrel True 15Miranda Rights have to be given when taking someone into Custody False Custody Interrogation 16 Competency is being mentally and emotionally sound and not under the influence of any substances while Credibility is being conscious present and attentive True 17 Audio recording is the best for interrogation False AudioVisual 18 In 1967 the National Crime Information Center NCIC was made operational by the FBI and provided data on wanted personsstolen property True 19 The technical services is concerned with the actual processing of the scene True 20 Firing pin impressions are found on the base of the cartridge case from firing the weapon The pin leaves an impression when it strikes to ignite the powder True 21 Fracture Matching is used with large pieces of glass amp glass may assume individuality True 22 Interview is to gain facts Interrogation is accusatory True 23Blonde Case US v DockeryBank Teller 24 Eye witness evidence is the LEAST reliable type of evidence True 25 Corpus Delicti Trace and Associative are 3 broad categories of evidence True 7 Levels of Proof 1 No Significant Proof Reasonable Basis Probable Cause Prima Facie Beyond a Reasonable Doubt 7 Absolute 2 3 4 Preponderance 5 6 STANDARD LEVEL OF BELIEF None Significant Possibility Substantial Likelihood Led to believe either way Upon 1St Disclosure Level for Conviction None Too High Due Process Amendments 4m Amendment 1 Unreasonable Search amp Seizure 2 Warrant has to be issued based on 3 Probable Cause 4 Has to be supported by Oath Affirmation 5 Particularly Describe the person place or things being seized m Amendment 1 Self Incrimination 2 Double Jeopardy Jeopardy when 1St witnessjury sworn in 3 Right to Grand Jury Trial except in military matters in time of war 4 Just Compensation for property taken for public use 5 No deprivation without Due Process of Law gm Amendment 1 Speedy Public Trial 2 Within Jurisdiction of where crime was committed 3 Right to Counsel 4 Right to Confront Accusers 5 Right to Obtain Witnesses in Defense s favor 1m Amendment 1 Right to a Jury Trial in Civil Courts where value gt 20 2 No fact can be reexamined by any court after tried by a jury 3 Shall follow the rules of common law FINAL REVIEW Multiple Choice 1 Sharp edged instruments such as knives or razors cause incised wounds 2 Carbon monoxide is most involved in medicolegal investigations 3 Some characteristics of an entry gunshot wound are that the skin around the wound is slightly smaller that the size of the bullet has a contusion and smudge ring etc 4 The Forensic Pathologist conducts autopsies 5 Know characteristics of rigor mortis livor mortis and algor mortis such as time limits coloration what can impact at what time where does rigor start at what time going in to accid and out Algor Mortis study of decrease in body temperature Best used in 10 hours or less after death Outside temperature and irregular body temperature can impact the reading Least Reliable Rigor Mortis when body muscles freeze Begins 13 hours after death and isn t complete until 1015 hours after death Body temperature and outside temperature both affect rigor and the higher the temperature in either area increases the rate of rigor It lasts for 2436 hours Begins in largest muscles and joints rst Livor Mortis Reddishpurple coloration of the dependent areas of the body from where blood has settled Begins 30 minutes 7 2 hours after death and reaches maximum coloration at fast decomposition 8 12 hours after death and with slow decomposition 2436 hours after death It can tell TOD whether body was moved and cause of death 6 Livor mortis is caused by the settling of the blood 7 The FOUR basic classi cations of Serial Rape Power Assertive Anger Retaliatory Power Reassurance Anger Excitation Used to establish motive Pro le pattern 9 Which of the following characteristics apply to the Power Assertive rapemurder 7 Multiple rape is planned Murder is not Power Interest Killer s increasing aggression toward the victim ensures control 10 Which statement about the interview procedures of rape victims is generally accurate Of cer needs to be sensitive Sometimes it is better to have a young sensitive male of cer to overcome an adverse reaction to men 11 Which statement about the type and sequence of sexual acts occurring during an assault is most accurate A Rapist reveals a great deal about himself and the motivation behind the assault through verbal activity with the victim B Rapists are never polite nor do they express concern for the victim C The attitude of the suspect is of no importance unless he was under the in uence of alcohol and drugs at the time of the assault D Most rapists take no action to avoid identi cation by the victims 12 Semen is A Pubic hair found on the suspect and victim B Tadpole like organisms that fertilize the female egg C Body uid produced by females during sexual intercourse D Vissive white uid produced in the male reproduction organ that is ejaculated at the time of orgasm 13 The Us Department of Justice estimates that 38 percentage of the sexual assault victims are acquainted with their attackers 14 Autoerotic deaths are also known as Sexual Asphyxia occurs when a male tries to partially strangle himself in order to increase pleasureusualy resulting in death 15 A Gynecologist is a medical specialist most frequently called to examine a LIVING rape victim 16 A Forensic Pathologist is a medical specialist most frequently called to examine a DEAD rape victim 17 One of the dynamics of the Anger Retaliatory murder is a planned singlerape attack followed by an unplanned overkill of the victim 18 In the case of an Anger Excitation murder the rape and the murder are planned TRUE FALSE 1 There are four classes of Rape 7 Murder 7 True 2 Incise wound is long and narrow in shape 7 False Gapes in middle also 3 Initial interview of rape Victim is generally short in length 7 True 4 Livor mortis is usually evident within 30 minutes to 2 hours after death 7 True 5 Anger Excitement Murderers pick symbolic figures as victims 7 False Anger Retaliatory 6 Multiple stab wounds in a relatively close proximity indicate that a struggle more than likely occurred 7 False that Victim was immobilized during stabbing 7 The Power Reassurance Rapist is generally emotionally primitive False Power Assertive 8 The Power Assertive Rapist has romantic fantasies 7 False Power Reassurance 9 A followup interview of rape victim should be very detailed 7 True 10 Lacerations bleed freely and are accompanied by bruising on the edges 7 True 11 Livor mortis usually reaches maximum coloration at 8 to 12 hours 7 True 12 A body is in complete rigor after 10 15 hours 13 After death the muscles of the body initially become accid 7 True 14 Motive is the distinguishing difference between RapeMurder classifications 7 True 15 Decomposition begins in the abdomen area unless there are open wounds 7 True 16 For Anger Rapists the rape and murder are both planned 7 False 17 In PowerRape classi cations the rape is planned but the murder isn t 7 True 18 Rapists who take personal items from the victim suggest the Rapist wanted a souvenir 0r trinket or wanted to threaten or blackmail the victim 19 Some family members may be present during a rape victim interview to show moral support and to help calm the victim 7 False They will 20 Reasons why women do NOT report rape include a lack of belief in police worries about unsympathetic treatment apprehension embarrassment and fear of rapist 21 It may be possible to determine from the offenders actions whether he is a novice or experienced offender 7 True 22 Research on serial murder has focused on nding similarities among victims 7 False Focused on similarities among murders 23 Environment affects the different rates and types of decomposition 7 True 24 A body decomposes faster under water than above ground 7 False Faster above ground than in water 25 The contusion ring of a gunshot wound is left by the bullet passing through the stretched skin 26 The distance that determines the difference between a close or distance shot is approximately two feet 7 False 18 inches 27 The Power Reassurance Rapist often has an inadequate sex life and uses sexual fantasies to overcome the dysfunction 7 True 28 The contusion ring covers the smudge ring on a gunshot wound False Vice Versa Smudge Ring covers the contusion ring 29 Anger Retaliatory Rapists use hard porn for fantasies 7 False 30 The verbal activity of the victim and the rapist are important to establish the means of the attack 7 False Motivation and Personality of Offender 31 Algor mortis uses the decrease in body temperature after death to approximate the Time of Death 7True 32 Serial murder comprises a series of sexual acts and resulting deaths of a minimum of 2 persons False A minimum of three or four individuals 51 7 STANDARDS OF PROOF 1 No Significant Proof 2 Reasonable Basis 3 Probable Cause 4 Preponderance of Evidence 5 Prima F acie 6 Beyond a Reasonable Doubt 7 Absolute 52 3 Evidentiarv Screening Stages 8 Magistrate Review of Complaint 10 Preliminary Hearing 11 Grand Jury Review 53 Due Process Amendments 4m Amendment 7 l Unreasonable Search amp Seizure 2 Warrant has to be issued based on 3 Probable Cause 4 Has to be supported by Oath Affirmation 5 Particularly Describe the person place or things being seized m Amendment 1 Self ilncrimination 2 Double Jeopardy Jeopardy when lSt witness jury sworn in 3 Right to Grand Jury Trial except in military matters in time of war 4 Just Compensation for property taken for public use 5 No deprivation without Due Process of Law gm Amendment 1 Speedy Public Trial 2 Within Jurisdiction of where crime was committed 3 Right to Counsel 4 Right to Confront Accusers 5 Right to Obtain Witnesses in Defense s favor 7m Amendment 1 Right to a Jury Trial in Civil Courts where value gt 20 m Amendment 1 Protection against Excessive Bail 2 Protection against Excessive Fines 3 Cruel amp Unusual Punishment Mm Amendment 1 All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside nor shall any State deprive any person of life liberty or propertywithout due process of law 54 19 Steps to the Felony Process Commission of the Crime 2 PreArrest Investigation Corpus Delicti that Crime was committed Probable Cause for suspect 3 The Arrest Arrest Warrant w name offense datetime probable cause particularly describe 43911 Amendment Complaint Indictment 4 Booking Administrative Record of Arrest Pictures Fingerprints DNA Inventory UI PostArrest Investigation Gathering more evidence to build the case 6 The Decision to Charge Police make initial decision and have 36 hours from time of arrest until time to charge Assistant DA will make the final determination as to whether it s strong enough to prosecute or not 7 Filing the Complaint The Assistant DA will file a complaint with case information 00 Magistrate Review of the Complaint Looks for Corpus Delicti Looks for Probable Cause 9 The First Appearance Arraignment Advise the Defendant of the complaint charge amp give them a copy Advise them of their rights Offer them the opportunity to plead guilty not guilty or nolo contender Judge will set a monetary bail or a bond based on articles 10 Preliminary Hearing Is conducted before a magistrate Defendant must be present amp is allowed an attorney Prosecutor presents evidence against accused There must be an opportunity for a crossexamination of any witnesses Is open to public unless defendant disagrees Requires the same degree ofproof as a Grand Jury case 11 Grand Jury Review Contains 1623 members but usually 19 people that represent a crosssection of the county amp who screen out cases that have insufficient evidence to charge Jurors have to be 18 citizens of the state where crime was committed a resident of the county amp know English Frequency they meet varies in relation to of cases and crime Usually meet at Prosecutor s request Closed Hearings Prosecutor amp Court Reporter are present Defendant is NOT entitled to be present Witnesses still take oath Grand Jury questions witnesses and receives evidence If insufficient facts are found for trial it is called a No Bill Ifthere are sufficient facts for trial it is called a True Bill WW QMerN 12 Filing of the Indictment or Information They have 30 days to file an Indictment with the Trial Court 13 Arraignment on the Indictment or Information Defendant will plead 14 PreTrial Procedures Discovery Process Legal challenges to the prosecution 15 The Trial An adversary factfinding proceeding 1 Held in the jurisdiction where the crime was committed 2 Time of Trial 3 If Defendant is convicted then he is sentenced 16 Sentencing Determinate Indeterminate 17 Appeals Intermediate N 30 Days 18 Probation and Parole Revocation 19 Final Release


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