Criminal Investigation and the Law

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Presentation transcript:

Criminal Investigation and the Law CJUS 201 Part 5

The Investigator and the Law Basis for every officer’s actions Understand: - criminal law / criminal procedure / rules of evidence Criminal Procedure Law - tools of investigative craft - used daily - arrest / search / seizure

Levels of Proof Continuum Understanding levels of proof - actions legally taken a. Extremes: “no proof” / “absolute proof” - not a concern for investigator Other five levels: a. Suspicion - more than no proof - not enough to justify intrusion

Proof, cont. - expectation of privacy - justify opening a case b. Reasonable suspicion - justify investigative detention - “Specific and articulable facts which taken together with rational inferences from those facts, reasonably warrant that intrusion”

Proof, cont. c. Probable cause (4th Amendment) “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 an oath or affirmation, and particularly describing the place to be searched and persons or things to be seized”

Proof, cont. - establish by variety of techniques - personal observation / eyewitness - informant / physical evidence d. Preponderance of evidence “Evidence which is of greater weight or more convincing than evidence offered in opposition to it” - fact to be proved - more probable than not

Proof, cont. - of little concern (suppression hearing) e. Proof beyond a reasonable doubt - cannot be precisely defined - standard of a criminal trial - provide legally available evidence - firmly convinced of guilt Types of evidence - 7 primary types

Evidence, cont. a. Direct – eyewitness / DNA / fingerprints b. Circumstantial – links suspect to crime c. Real – can see / touch / hold d. Documentary – writings / printouts e. Testimonial – oral testimony

Evidence, cont. f. Corroborative – facts to support g. Judicial Notice – common knowledge Search and seizure - warrant / plain view / permission a. Warrant – best method - defense must show invalid - defines authority of police

Evidence, cont. b. Plain View – observation by officer - legally at location c. Permission – search allowed by owner - prosecution must prove in court