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Cheatography

Criminal Investigations Case Management Cheat Sheet (DRAFT) by

how criminal investigations are conducted and the role of the investigator.

This is a draft cheat sheet. It is a work in progress and is not finished yet.

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
 

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