1 Criminal Investigation Then and Now distribute

1 Criminal Investigation Then and Now

RUNNING CASE: POSSIBLE HOMICIDE

te AT THE FLORIDAN u Introduction: Criminal Investigation Then and Now

The History of Criminal Investigation in London

ib Pinkerton's National Detective Agency

First Criminal Investigation in the United States

tr Development of State and Federal Law Enforcement Agencies

is Development of the FBI

The Goals of Investigation

d What Makes a Successful Investigation? Four Measures of a Successful Investigation

r Types of Criminal Investigations o Which Agencies Investigate Which Crimes?

Changing Times Equals Changing Crimes and a Need for Law

t, Enforcement to Adapt

Four Stages of Criminal Investigation

s Two Phases of Criminal Investigation Preliminary Investigation

o How It's Done: First Responding Officers p Follow-Up Investigation

, Organizing the Investigative Unit The Investigator--General Assignment and Specialized

y Task Force Investigations p Contemporary Law Enforcement and the o Role of Criminal Investigation

Community-Oriented Policing

c Problem-Oriented Policing

Intelligence-Led or Evidence-Based Policing

t Science and Technology in Criminal Investigation o Explore This nSummary

Key Terms

DoDiscussion Questions

LEARNING OBJECTIVES

1.1 Summarize the history of criminal investigation in the United States and abroad.

1.2 Discuss the goals of criminal investigation.

1.3 Describe the different types of criminal investigations.

1.4 List and explain the role and tasks of patrol officers during the preliminary and follow-up investigations.

1.5 Discuss the reasons why the investigative function is organized in different agencies.

1.6 List the benefits of utilizing a task force approach to investigations.

1.7 Compare and contrast the policing models discussed in the chapter.

1.8 Explain the impact of science and technology on criminal investigation.

Running Case: Possible Homicide at the Floridan

Detective Bradley Macon was racing down Third Street in his unmarked cruiser when the buzzing of his smartphone cut into his dream. He untangled himself from the

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CRIMINAL INVESTIGATIONS TODAY

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bedclothes and grabbed for the phone on the nightstand, knocking it to the floor. As he finally grasped the phone, its glaring light showed him it was 3:45 a.m. At that hour, he knew the call would be from the communications center, and because he was one of the on-call major crimes detectives for the week, he expected that the call would be for a

not copy, post, or distribute possible homicide (Signal 5). The dispatcher, Rayna, stated just the facts, with no sympathy for waking him up. "Up and at 'em, Bradley. You've got a Signal 5 near the Floridan off of Ninth Street."

Bradley Macon smiled when he heard the crime location. The Floridan was an old club with an equally old reputation for trouble.

Rayna continued with the facts of the case. "The patrol units are parked in a narrow alleyway called Milton Way, which runs behind the bar. One of the bar employees left after closing. As he reached the mouth of Milton Way, he heard yelling and then several gunshots. He ducked away from the alley and called 9-1-1. While on the phone with the dispatcher, he saw someone run the opposite direction on Milton Way. It looked like the person fleeing was running away from someone on the ground."

With all the facts in mind, Bradley Macon signed off, dressed, and walked out of his apartment. As soon as he opened the exterior door and stepped into his driveway, he groaned. How could it be so hot and sticky at four in the morning? At least it wasn't raining: Rain had a way of affecting crime scene evidence.

He climbed in his assigned unmarked car and switched on the police radio, then asked the dispatcher to have the patrol supervisor on-scene meet with him on one of the tactical radio channels. These were used for operations or chatter that did not need to interfere with normal radio traffic by other officers responding to calls. Sergeant Kevin Lloyd came up on the radio channel and let Brad know that several of his officers had secured the scene. One was talking to the bar employee, who would be treated as a witness. The homicide sergeant, Mike Joseph, was also en route and had called for crime scene investigators to respond. Detective Bradley Macon asked Kevin Lloyd to have officers begin canvassing the immediate area to determine if any other businesses were open and to locate anyone who may have seen or heard anything that could be connected to the possible murder.

Bradley Macon was satisfied the scene was secured. A number of people were going to be writing a number of reports this morning, he thought. The preliminary investigation was underway. For now, all he needed to do was drive to the scene.

As his cruiser skimmed through the silent streets, Bradley Macon realized he still felt excited each time he was assigned as the lead detective on a serious case. After 6 years serving as a patrol officer, with the last year as a field training officer (FTO),

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Bradley Macon had been assigned to the major crimes squad 2 years ago. The exciting part, in a homicide case, was that everything he had learned in his previous 8 years could come into play. He needed to coordinate all the moving parts and make sure the whole group of investigators worked as a team. He also felt grateful that he worked at an agency where investigators received the additional support they needed to handle complicated investigations. He knew officers from smaller departments in the area who often mentioned how tough it was to properly handle large cases without

te outside help. u As Detective Bradley Macon pulled his car to a halt across the street from the ib entrance to Milton Way, he was running through a series of tasks the team would tr have to complete as the preliminary investigation gave way to the follow-up

stage.

is How do you imagine detectives and other personnel mentally prepare for a homicide d investigation? Even at this point, how do you think the follow-up investigation will differ

from the preliminary one described?

t, or Introduction: Criminal

Investigation Then and Now

os The History of Criminal Investigation in London p As with most practices in American jurisprudence, our contemporary model of investiga-

tive efforts has its origins in England and Western Europe. In the 1750s, local writer turned

, magistrate James Fielding worked hard to curtail rampant crime in the Westminster area y around London by appointing a night watch and utilizing men known as "thief-takers" to

investigate various crimes and bring the accused before the magistrate to answer for their

p crimes. Fielding's group became known as the Bow Street Runners because of its base o of operations on Bow Street, which became the location of the Magistrate's Court. The c thief-takers were ostensibly a voluntary group, but they were compensated on commission

from private citizens seeking return of stolen goods, or by securing convictions at court. The

t arrangement resulted in many thief-takers coming from the ranks of London's criminals and o sometimes working in concert with confederates to initiate crimes and then "solve" them to

receive a reward for returning the property.

nEventually replacing the Bow Street Runners and other groups in London was the

London Metropolitan Police Department, founded by Home Secretary Sir Robert Peel in

o1829. The Met, as it became known, was a primarily uniformed department, and plainDclothes investigators were not widely used in its early years because of the unease many

Londoners had with groups such as the thief-takers. The Met eventually formed a group of detectives at their headquarters in the area of London known as Scotland Yard. The name of the area quickly became the way of referring to the investigative division, which has been called Scotland Yard since.

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CRIMINAL INVESTIGATIONS TODAY

Pinkerton's National Detective Agency

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In 1850, Scottish-born Allan Pinkerton (1819?1884) formed the first private detective agency in the United States. Based in Chicago, where Pinkerton had been the city's first police detective, the Pinkertons operated alongside government agencies to provide both

not copy, post, or distribute private services for clients and quasi-governmental investigation and apprehension of a wide range of criminals. With the company's distinctive symbol of the unblinking eye and the motto "We never sleep," Pinkerton detectives soon became known as "private eyes." The Pinkerton agency had responsibility for the protection of President Abraham Lincoln during much of his time in office, and the Pinkerton agents tracked down and apprehended many notorious outlaws. Pinkerton today is a company that operates worldwide risk management, investigative, protective, and intelligence services to private and corporate clients.

First Criminal Investigation in the United States

As the United States, Great Britain, and other countries began experiencing all of the benefits and challenges of the Industrial Revolution, economic and workforce shifts spelled a new era of crime and an increased need for law enforcement efforts. In the United States, the transition from a predominantly agrarian society to one of industry drew significant numbers of people to the swiftly growing cities. The unprecedented pace of workers from the countryside and new immigrants thronging to the places of industry created an environment and conditions that allowed criminals to flourish as well. In addition to the inadequate infrastructure, education resources, health protections, and other aspects of developing cities, the accelerated urbanization brought many people of varied means into close contact and gave opportunities for crime and circumstances for conflict.

The first police departments in America arose in response to the dynamics of growth in larger cities, modelling themselves somewhat on Peel's British model with uniformed forces patrolling the streets in an effort mainly to address crimes of disorder. Beginning in Boston (1837), New York (1844), and Philadelphia (1854), most major cities established municipal police forces in the span of a few decades. The violence and vice of dense urban areas were compounded by rioting between and among various groups. Lawlessness in the western expansion of the country also brought the need for additional law enforcement mechanisms; the Americanized "shire-reeve" of England became the county sheriff, as states and the federal government began to form agencies to deal with specific crime problems. As with policing in England, investigations by police were not common, only "peace-keeping."

At the beginning of organized American law enforcement, policing consisted almost entirely of patrolling, rarely becoming involved in the investigation of a crime that had already occurred. Private citizens might employ individuals to recover items that had been stolen. The manner in which "recovery" occurred could be violent or involve a scam to deceive the victim into paying for recovered goods that the purported investigator had originally arranged to have stolen.

DEVELOPMENT OF STATE AND FEDERAL LAW ENFORCEMENT AGENCIES The Texas Rangers were established before the state of Texas was even formally admitted to the Union. With duties ranging from military service to tracking train

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CHAPTER 1Criminal Investigation Then and Now

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robbers, the storied Texas Rangers became the template for many other state agencies that followed. After the creation by Congress of the Department of Justice in 1870, several small (by today's standards) enforcement organizations were formed. The U.S. Secret Service began its task of investigating counterfeit currency at the end of the Civil War. The Secret Service was a part of the U.S. Department of the Treasury (now in the Department of Homeland Security), and in 1901 the agency took on the duties of presidential and, eventually, foreign dignitary protection. In the 1890s the U.S. Postal Service took on crim-

te inal investigations involving the mail, and the Bureau of Immigration was formed with

the Treasury Department to regulate immigration and conduct investigations as needed.

u At the end of the 1900s the challenges of unregulated prescribing of drugs such as cocaine

and morphine for pain set the stage for conflict of state and federal power, as there were

ib no national laws to confront what had become a significant social problem. The Harrison tr Narcotics Act of 1914 enabled the Department of the Treasury to begin regulatory efforts

on certain drugs, and the Narcotic Division of the Internal Revenue Bureau was formed

is to investigate related crimes. Unlike local police officials, who responded to the needs of

individual citizens, federal law enforcement agencies focused on a narrow range of crimes

d that violated federal law or crossed state boundaries. r DEVELOPMENT OF THE FBI o Perhaps the best known federal law enforcement agency in the United States, and focusing

largely on investigative functions, is the Federal Bureau of Investigation (FBI). First formed

t, as the Bureau of Investigation (1908) within the Justice Department, the agency became

the FBI in 1924 under the avowed anticorruption and apolitical J. Edgar Hoover. While the

s FBI under Hoover's leadership did not keep complete faith with the public through actions o such as maintaining secret files on political opponents of the Bureau, there is little doubt that

worldwide the FBI became one of the preeminent and most professional investigative agen-

p cies in the world. Today, the FBI investigative priorities are protecting the United States y, ? from terrorist attack

? against foreign intelligence operations and espionage

p ? against cyber-based attacks and high-technology crimes o ? by combatting public corruption at all levels. () t c Today, local, state, and federal agencies perform a wide array of investigative functions,

sometimes working together to prevent, detect, and interdict crime and arrest those

o responsible. nCriminal investigation in the modern era involves the determination of a violation of

a criminal statute, determining who is responsible for that violation, compiling evidence

othat is relevant and legally admissible, and then working with prosecutors to effectively

present the case to the court. This definition seems straightforward, but accomplishing this

Dlist is often quite challenging. In the United States and other democratic nations the process of the criminal investigation is very much concerned with ensuring that the rights of accused persons are protected at critical stages of the case. When it comes time for a criminal trial, the evidence presented will persuade the jury about most matters. The American Bar Association (ABA) describes the two types of evidence:

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