Introduction to case management
"Investigators are the justice systems primary instrument of action |
Truth is central to justice |
Investigation is an art and a science. Investigators must be able to articulate and critically think |
limitations on Law enforcement |
not all crimes are reported, some are reported but not investigated, some are investigated but not prosecuted. Agent motivation and agency disagreements
limited resources
lack of skills or knowledge |
Goals of a criminal investigation/ steps required
the primary goal is to SOLVE A CRIME with the purpose of proving or disproving an allegation(s). |
to accomplish this the criminal investigator must legally and systematically identify, collect, preserve, and evaluate evidence for the purpose of bringing crime to justice |
1. Case Initiation |
private sector referral
proactive agent development
Internal agency referrals
External agency referral |
2. Assessment of Allegation/information |
check the source/victims reliability
who has the authority (power to enforce) and jurisdiction (area/location and type of offense) to pursue the allegation
agency policy
statutory limitations |
3. Development of an investigative plan |
documents initial allegation and opens the investigation with a written report and management approval
this is the "road map" developing a systematic approach to conducting the criminal investigation. Will likely include:
case number
subjects name
potential violations
checklist of tasks
possible interviews
potential problems |
4. Conduct the investigation safely |
at this stage use appropriate techniques to gather evidence |
three basic critical errors are: |
-statute of limitations(failure to investigate and refer the case in time
-identify health issues in defendant or critical witnesses
-failure of evidence to meet the critical elements of proof |
identifing a probable suspect look for 3 critical elements: |
Motive,
Means,
Opportunity |
investigative techniques and procedures include |
Interviewing, Public records research, Informants, Surveillance, Mail covers ,trash pulls, search and seizure warrants, grandy jury subpoenas, digital forensics, undercover operations, crime scene processing, crime lab forensics. storefront operations, financial investigations, asset forfeiture, report writing |
5. prepare an Investigative Summary (IS) |
Summarize, memorialize evidence, determine if the AUSA want to take the case. Convey all relevant facts favorable or u favorable
reports will include:
subjects name, synopsis, violations, evidence, background information, list of witnesses |
6. Formal Referral to the US Attorneys Office |
7. Processing Suspects through the Judicial process |
8. Processing Criminal/Civil Assest Forfeitures |
9. Close Investigation |
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Investigation, Judicial, post-judicial functions
Criminal investigator's role in the Investigative Process |
Conduct an objective professional complete, detailed investigation
prepare report presenting the results in a logical sequence |
Criminal investigator's role in the Judicial Process |
prepare original documents for trial admission
assist the AUSA in pretrial interviews
obtain and serve subpoenas
manage witnesses
maintain evidence |
Elements of case Managment
art of balancing the investigating and administrative aspects of criminal ivestigation whil simultaneoulsy conducting multiple investigations given limited man power |
Knowledge |
understanding weaknesses/defenses, elements of the crime, what is enough proof |
Organized and complete case file |
must be easy to follow and understand if picked up by anyone else |
Legally obtained and secured evidence |
must ensure a chain of custody, secure case file information. lock away sensitive information |
investigative, Judicial, post-judicial functions
Criminal investigator's role in the Investigative Process |
conduct an objective, professional, complete, detailed investigation
prepare a report presenting the results in a logical sequence |
**Criminal Investigator's role in the Judicial Process |
prepare original documents for trail admission
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