Investigating Criminal Acts: Knowing the Local Laws - Essay Sample

Introduction

The investigator should have full knowledge of what is stipulated in the case law and penal code of various jurisdictions because it helps understand more about criminal law as well as the elements of criminal acts. Some jurisdictions are limited in legislation while others have broader reach, and investigators should have copies of the legal texts to help determine if the actions of an individual are classified as a crime in that jurisdiction (Ward, 2010).

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Making a Decision on the Location of the Crime

Each investigator is given a jurisdiction to work in and operate. Therefore, if a crime is committed out of the jurisdiction of the investigator, then they have no mandate to act. However, for crimes that involve more than one jurisdiction, then the investigator has the right to investigate and arrest the culprit (Ward, 2010). They also retain authority to prosecute the case, but the officers in the main jurisdiction must accept it.

For multiple-jurisdiction criminal activities such as cross border fraud, terrorism, drug trafficking, internet crime, illegal immigration, and interpretation about the prosecuting jurisdiction is determined by the local prosecuting authority or the office of U.S Attorney General.

Gathering Facts About the Complainant

Investigators are required to gather all available facts about the eyewitness, complainant, or victim. The investigators should ensure that the complainant answers questions such as when the crime took place, who was there, what happened, why they reported, and where they were. Also, the investigator should collect any physical evidence in the crime scene and take them for examination in the crime laboratory (Ward, 2010). Besides, the investigator needs to carry out immediate follow-ups concerning the crime based on the information they obtain.

Recovering Stolen Property

The complaint should provide a good description of their stolen property to help establish ownership. Investigators can conduct successful investigations if the complaint can identify their property, especially unique details such as serial numbers, makes, and models before the items changed hands to third parties (Ward, 2010).

Identifying the Crime Perpetrator

Investigators are required to identify crime perpetrators, but they should have enough evidence to guarantee a successful conviction. The evidence could be in the inform of DNA, fingerprints, property, or a physical description. The motive of crime should also be examined because the perpetrator might have had help from other individuals. The examination will help identify other potential suspects in the case (Ward, 2010).

Locating and Arresting the Perpetrator

It is the investigator's responsibility to ensure the apprehension of the perpetrator, especially when they escape after being discovered. Locating the suspects' whereabouts is critical for apprehension, but investigators have a limited role in this. The role of arresting the perpetrator is the mandate of the police.

Assisting the Prosecution of the Offender

The investigator can decide to engage in plea bargaining with the suspect or go to trial. If the investigator followed the correct procedures during the investigation, and the evidence is overwhelming, then the investigation should seek trial. However, the suspect's lawyers may broker a plea bargaining with prosecution if the suspect has admitted to the crime. The investigator should be actively involved during trial and plea bargaining.

Testify as a Witness

If the case goes to trial, the investigator will be required to take the witness stand and testify about the case. In most cases, investigators avoid this route because their testimonies could be recanted by the suspect's lawyers, especially when evidence obtained during the investigation is not adequate.

Explain what is meant by jurisdiction. What is the difference between local and federal jurisdiction? What is meant by joint jurisdiction?

Jurisdiction refers to the authority of a court to listen and make decisions on cases within a particular demographic area. For investigators, jurisdiction is the demographic area where they have mandate to conduct their work (Becker & Dutelle, 2018). They are guided by the laws of that jurisdiction to make investigations.

A local jurisdiction falls within cities, municipality, and counties. The laws of a local jurisdiction are established by the state and are only binding within that geographical area. Federal jurisdiction is not limited in terms of the cases that the courts can handle. Most of the cases handled in the federal jurisdiction are those involving a violation of the federal laws or the U.S Constitution (Becker & Dutelle, 2018).

Joint jurisdiction refers to the existence of two or more courts that are governed by different systems that have a simultaneous interest in a specific case. In such a case, prosecutors choose to convict the suspect in the jurisdiction that is favorable to them rather than the perpetrator (Becker & Dutelle, 2018).

List and explain the six key points an Investigator should address

The first step in the murder investigation should be to conduct a crime scene search. The process will help recognize and collect any form of physical evidence that would be helpful to the investigation. In this case, the investigator should determine what the perpetrator ransacked to help determine the motive of the murder.

The second step should encompass questioning potential complainants, suspects, and witnesses. The investigator should ensure they make use of interviewing and interrogation methods that could help derive critical leads and corroborate evidence. However, the investigator should ensure they do not infringe on the civil and constitutional rights of the suspect, witness, or complainant. In this case, the boss who called the police should be questioned.

Thirdly, the investigator should develop and follow up any clues obtained from the questioning or evidence obtained. Developing clues for the investigation may require the investigator to use informants, conduct surveillances, and examine police records. Fourthly, the investigator should write reports of the case as it continues to develop. The report ensures that the investigator consults with relevant authorities about the case and records the unfolding of events to use in developing the prosecution theory.

The investigator should obtain legal search warrants depending on the evidence received. In certain instances, the investigator should conduct raids when they get evidence about a probable cause of the murder. When the situation demands, the investigator should act with initiative and follow-up emerging leads to help develop a watertight case to avoid losing the case in court. Lastly, the investigator should apprehend the perpetrators of the criminal act once they get overwhelming evidence. However, they should obtain their working knowledge from departmental rules and applicable laws within that jurisdiction.

Major Changes That Have Taken Place in Policing and Criminal Investigation

Focus on Community Oriented Policing

Today, community-oriented policing has become critical due to high-profile fatalities that have resulted in the public distrust and outrage. The initiative harnesses public safety because various stakeholders collaborate in addressing challenges facing a particular jurisdiction.

Use of Technology

Various technological tools have been incorporated in policing and criminal investigation to ensure public safety as well as harness transparency in law enforcement. The most common technological tools include body cameras, social media, facial recognition, and GPS applications. (Weisburd & Braga, 2019).

Gender Balance in Law Enforcement

In the past, women comprised a small percentage of law enforcement. However, today there are many women recruited into the police force and promoted to higher ranks. Incorporating women in law enforcement has also aided in addressing issues related to violence against women (Weisburd & Braga, 2019).

Increased Threat of Cyber Crime

Increasing cases of cyber-crime in multiple jurisdictions have led to changes in the scope of policing and criminal investigation. Cybercrime keeps growing, and law enforcers have been compelled to change tactics to nail the culprits.

Leadership

Police leadership styles have changed in the past few decades. Today, law enforcers charged with the leadership roles are required to have competencies in conflict resolution, analytical problem solving, efficient communication, and awareness of public safety law (Weisburd & Braga, 2019). The use of technology in police and crime investigation has been the most important because it has helped solve a lot of crimes that would have otherwise been abandoned if the technology was not available.

Desirable Attributes of an Investigation

The most desirable attribute of an investigation is conducting a proper crime scene search. It acts as the basis upon which the investigator can determine the motive of the crime and come up with an alibi that might lead to the arrest and prosecution of suspected offenders. The least important attribute is conducting a raid in adverse conditions. In most cases, conducting raids does not yield much because perpetrators tend to be one step ahead of the police.

Conclusion

Increasing crime rates have compelled law enforcement authorities to adopt innovative preventive measures to reduce incidence rates. However, achieving these milestones require that law enforcers provide attainable and reliable services. As such, the role of a modern investigator in ensuring security services are reliable becomes critical. Criminals have changed their tactics over the years by using technology to commit crimes as well as invent new types of crime. Law enforcers need to make significant changes to handle new crimes such as adopting new technologies and partnering with the international community to avert transnational criminal activities. Most law enforcement agencies have already begun the process, but others lack human resource skills to handle emerging crimes. As such, there is a need to increase resource allocations to hire officers with competencies and deploy technology (Ward, 2010). The most prevalent problem has been fighting drug traffickers who have invested new tactics in perpetrating their crimes. Police efforts have not done much to prevent these crimes. Therefore, crime investigators will have to obtain better training to deal with the issues.

References

Becker, R. F., & Dutelle, A. W. (2018). Criminal investigation. Jones & Bartlett Learning.

Ward, R. H. (2010). Criminal Investigation. A Method of Reconstructing the Past. Cincinnati: Anderson Publishing Co, 9-39.

Weisburd, D., & Braga, A. A. (Eds.). (2019). Police innovation: Contrasting perspectives. Cambridge University Press.