1. ACOS 1, 2 Legal Aspects of Investigation The investigator and the legal system

2. ACOS 1, 2 Arrest 3 major definitions 3 major definitions any interference with a person which, if not privileged, would constitute false imprisonment any interference with a person which, if not privileged, would constitute false imprisonment interfering with the freedom of a person who is suspected of criminal conduct to the extent of taking him to the police station for some purpose interfering with the freedom of a person who is suspected of criminal conduct to the extent of taking him to the police station for some purpose taking of custody upon sufficient and proper evidence for the purpose of prosecution taking of custody upon sufficient and proper evidence for the purpose of prosecution

3. ACOS 1, 2 Ingredients for Arrest Intention Intention Authority Authority Custody Custody

4. ACOS 1, 2 Arrest is not… Charging Charging Placing a charge on a person after decision is made to prosecute Placing a charge on a person after decision is made to prosecute This does not necessarily mean there has been an arrest This does not necessarily mean there has been an arrest Detention Detention Temporary interference with the freedom of a person for investigative purposes Temporary interference with the freedom of a person for investigative purposes

5. ACOS 1, 2 Arrest Procedures An arrest will occur if: An arrest will occur if: An officer has probable cause that the suspect has committed a felony An officer has probable cause that the suspect has committed a felony a crime has been committed in the presence of an officer a crime has been committed in the presence of an officer A warrant has been issued A warrant has been issued

6. ACOS 1, 2 Probable Cause An officer is allowed to make an arrest without a warrant if: There is evidence of a crime being committed The suspect provides information enough to assume a crime has been committed There is reason to believe that a crime is about to be committed

7. ACOS 1, 2 Warrant Considered a judicial order Considered a judicial order Must be issued by an acting judge Must be issued by an acting judge A warrant relieves the officer of the legality of the arrest A warrant relieves the officer of the legality of the arrest Make note of the requirements of a warrant Make note of the requirements of a warrant

8. ACOS 1, 2 Requirements of a warrant The name of the officer required to execute the warrant The name of the officer required to execute the warrant The applicable laws and statutes The applicable laws and statutes A person can only be arrested for the laws written on the warrant A person can only be arrested for the laws written on the warrant The name of the person being arrested The name of the person being arrested The judges name The judges name

9. ACOS 1, 2 Risk in Arrests An investigator must consider these options before making an arrest An investigator must consider these options before making an arrest Will the person flee if allowed to be kept free Will the person flee if allowed to be kept free Will the person be of harm to others if allowed to be kept free Will the person be of harm to others if allowed to be kept free Will there be any harm done by making an arrest too early Will there be any harm done by making an arrest too early

10. ACOS 1, 2 The Trial Process An investigator rarely gets to see a full trial An investigator rarely gets to see a full trial The trial follows the following pattern The trial follows the following pattern Direct examination Direct examination Defense questions defense and plaintiff questions plaintiff Defense questions defense and plaintiff questions plaintiff Cross examination Cross examination Defense questions plaintiff and plaintiff questions defense Defense questions plaintiff and plaintiff questions defense Redirect examination Redirect examination A second round of direct examination A second round of direct examination Recross examination Recross examination A second round of cross examination A second round of cross examination Rebuttal Rebuttal Any remarks made by the defense counsel to promote their case Any remarks made by the defense counsel to promote their case Surrebuttal Surrebuttal Any remarks by the prosecution to promote their case Any remarks by the prosecution to promote their case Closing arguments Closing arguments Final statements by both parties Final statements by both parties

11. ACOS 1, 2 Evidence Anything that logically tends to prove or disprove the innocence or guilt of a suspect Anything that logically tends to prove or disprove the innocence or guilt of a suspect In order for a piece of evidence to remain of value, a lengthy procedure must be followed In order for a piece of evidence to remain of value, a lengthy procedure must be followed It is suspected that the outcome of the OJ Simpson trial was decided due to mishandled evidence It is suspected that the outcome of the OJ Simpson trial was decided due to mishandled evidence

12. ACOS 1, 2 Handling Evidence Collect evidence without disturbing its natural state Collect evidence without disturbing its natural state Use gloves, keep yourself safe Use gloves, keep yourself safe Proper storage Proper storage Anything with body fluids in paper containers Anything with body fluids in paper containers Firearms in sturdy containers not prone to impact Firearms in sturdy containers not prone to impact Chain of Custody Chain of Custody This process begins with the collector signing off on the evidence This process begins with the collector signing off on the evidence A form that indicates anytime evidence is tampered with and includes: A form that indicates anytime evidence is tampered with and includes: Name of person touching evidence Name of person touching evidence Date and time Date and time Reason for tampering with evidence Reason for tampering with evidence

13. ACOS 1, 2 Proving the Guilt of a Suspect Proving a suspect guilty is complicated Proving a suspect guilty is complicated The graph to the right shows this process The graph to the right shows this process A combination of all evidence and lack of evidence must be used to prove the guilt of a suspect A combination of all evidence and lack of evidence must be used to prove the guilt of a suspect

14. ACOS 1, 2 Types of Evidence Direct evidence Direct evidence Typically testimony of witnesses that ties the suspect to the crime or scene of the crime Typically testimony of witnesses that ties the suspect to the crime or scene of the crime Real Evidence Real Evidence Referred to as physical evidence Referred to as physical evidence Some object that is provided in court that ties the suspect to the scene of the crime or even the crime itself Some object that is provided in court that ties the suspect to the scene of the crime or even the crime itself Demonstrative Evidence Demonstrative Evidence Illustrative evidence such as pictures, video, interviews, maps, diagrams, etc. that provide assistance in explaining the case in court Illustrative evidence such as pictures, video, interviews, maps, diagrams, etc. that provide assistance in explaining the case in court

15. ACOS 1, 2 More Evidence Types Circumstantial Evidence Circumstantial Evidence Anything provided other than direct evidence that logically ties the suspect to the crime Anything provided other than direct evidence that logically ties the suspect to the crime Example: a witness saw a suspect enter the house, then she heard screaming, then she saw the suspect leave the house with a bloody knife, she did not see the stabbing but she can safely assume that one happened Example: a witness saw a suspect enter the house, then she heard screaming, then she saw the suspect leave the house with a bloody knife, she did not see the stabbing but she can safely assume that one happened Opinion Evidence Opinion Evidence Matters of description in which a nonexpert may give an opinion include color, size, shape, speed, mental condition, identity, race, and language Matters of description in which a nonexpert may give an opinion include color, size, shape, speed, mental condition, identity, race, and language

16. ACOS 1, 2 Expert Witness A person who is called to testify in court because of his or her special skills or knowledge A person who is called to testify in court because of his or her special skills or knowledge Permitted to interpret facts and give opinions about their significance to facilitate jurors’ understanding of complex or technical matters Permitted to interpret facts and give opinions about their significance to facilitate jurors’ understanding of complex or technical matters

17. ACOS 1, 2 Evidentiary Privilege Defendants can have these things excluded from the trial: Defendants can have these things excluded from the trial: Confidential communications between spouses Confidential communications between spouses Confidential communications between attorney and client Confidential communications between attorney and client Grand jury proceedings that are considered confidential Grand jury proceedings that are considered confidential

18. ACOS 1, 2 Hearsay Rule Because verbal evidence changes everytime it is presented, this rule was created Because verbal evidence changes everytime it is presented, this rule was created This rule prevents something that is simply heard from a witness from being presented in court This rule prevents something that is simply heard from a witness from being presented in court There are a few exceptions to this rule There are a few exceptions to this rule

19. ACOS 1, 2 Exceptions to the Hearsay Rule Confessions- A confession is an acknowledgment by a person accused of a crime that he or she is guilty of that crime. Confessions made out of court falls within the hearsay rule. For such confessions to be admissible, they must meet the tests of admissibility and overcome the assumptions of unreliability and untrustworthiness. Confessions- A confession is an acknowledgment by a person accused of a crime that he or she is guilty of that crime. Confessions made out of court falls within the hearsay rule. For such confessions to be admissible, they must meet the tests of admissibility and overcome the assumptions of unreliability and untrustworthiness. Admissions- One who makes an admission does not acknowledge all. The facts surrounding the crime necessary to constitute guilt but does admit to certain facts or circumstances from which guilt may be inferred by the jury. Admissions- One who makes an admission does not acknowledge all. The facts surrounding the crime necessary to constitute guilt but does admit to certain facts or circumstances from which guilt may be inferred by the jury. Spontaneous and Excited Utterances- If one makes a spontaneous or excited utterance after something startling or unusual has happened, the utterance may be admissible as an exception to the hearsay rule when testified to by one who heard it made. Spontaneous and Excited Utterances- If one makes a spontaneous or excited utterance after something startling or unusual has happened, the utterance may be admissible as an exception to the hearsay rule when testified to by one who heard it made.

20. ACOS 1, 2 Exceptions continued… Dying Declarations- A declaration concerning the facts and circumstances of the fatal injury made by the victim of a homicide is about to die, expects to die, and does not hope to recover is admissible as an exception to the hearsay rule. Dying Declarations- A declaration concerning the facts and circumstances of the fatal injury made by the victim of a homicide is about to die, expects to die, and does not hope to recover is admissible as an exception to the hearsay rule. Former Testimony- Written or oral testimony in a hearing or trial falls within the hearsay rule if that testimony is sought to be introduced in a later judicial proceeding. Former Testimony- Written or oral testimony in a hearing or trial falls within the hearsay rule if that testimony is sought to be introduced in a later judicial proceeding.