Corpus, Rose Ann A.

BS Criminology 4A

HOMEWORK FOR FINALS

1. Phases of Firearms Investigations

a. Detection / Initiation - The investigation on a firearm can be initiated by direct, derived or

informative triggers.
1. Direct investigations are triggered by events where the firearm is the main element of the
primary offence. Events that trigger a direct investigation can include, without limitation, any of the main group
of offences below:
Illicit possession;
Illicit manufacturing (including illegal or unlawful modification, conversion, tampering or erasing of
markings, etc.);
Illicit trafficking (including its derivates such as illegal import/export, sale without authorization, etc.).

2. Derived or indirect investigations are triggered by events where the firearm was an accessory
used for the commission of the principal crime. Events that trigger a derived or indirect investigation can
include, without limitation:
Murder;
Armed robbery;
Weapon theft;
Armed assault;
Investigations into organized crime, terrorism or non-state armed groups.
3. Informative investigations are triggered by information or reports about firearms that are
illicitly owned, illicitly used or are the subject of illicit transfers. Events that trigger an informative investigation
can include, without limitation:
Strategic information;
Open source information;
Informants;
Undercover agents;
Public information;
Institutional exchange of information;
Law enforcement operations;
Spontaneous transmission of information from a foreign country in relation to a crime under UNTOC
and its Firearms Protocol.

b. Initial investigation - (also known as the ‘preliminary investigation’) is usually a fact-finding phase,
often performed at the scene of a crime or incident. It is crucial to the success of the entire investigation.
Specific firearms related evidence collection:
Firearms identification;
Bullets and cartridge casings;
Tool marks;
Trace evidence.

c. Follow-Up Investigations - Where the initial investigation determines that further action is
warranted, a more thorough follow-up investigation will occur, performed by a detective or other specialist, to
build a stronger case including the development of a theory of how the incident occurred, and/or the
identification and apprehension of the perpetrator(s).
Specifically, in connection to firearms investigations the following actions will be performed
during the follow-up investigation:
 Revision and analysis of all previous investigative documents;
 Identification and analysis of evidence, and, if necessary, establish the plan for collection of additional
evidence;
 Review of information obtained from database interrogations;
 Additional information sought by engaging special and specific investigative techniques;
 Identification of witnesses, and identification and apprehension of suspects, and additional interviews
and interrogations conducted when necessary;
 Verification of whether the suspects were involved in other crimes;
 Review and analysis of the ballistic and criminalistic results;
 Firearm identification and tracing performed;
 Verification of whether the firearms were used to commit other crimes;
 Initiation of procedures for international cooperation and information exchange as appropriate;
 Planning, organizing, and conducting searches or other police operations related to the investigation;
 Preparation of cases for court presentations and assistance in the prosecutions;
 Performing any other necessary tasks.
This is the usually also the moment where the investigators will decide on the extent and scope of the
investigation, and whether the case remains a single isolated incident or it has the potential to develop into a
broader case that involves multiple cases or an international investigation, and the type of resources that it will
require Investigation planning and management and Collection of evidence.

d. The investigation report - At the conclusion of an investigation, a report should be prepared to

present the facts established by the investigation process that substantiate the criminal conduct of an individual
or legal entity. The report should include a description of the case, the identification details of the investigators
and experts, and present all steps of the investigation. The report should reference all documentary evidence or
exhibits that will sustain the facts and findings, focusing initially on the facts of the investigation and in the final
section on findings and recommendations. It should be presented in an objective and non-judgmental manner,
based on evidence and avoiding presumptions and speculations. The investigation should be able to respond to
the basic questions: What? When? Where? Who? How and Why? It should provide the complete case picture
for onward prosecution and adjudication, including the expert identification of a firearm and its ammunition,
and relevant examination of its functionality.
Where no basis for an investigation is found, it is appropriate to prepare a ‘closure
report’ as an alternative. A closure report should outline the facts established through the investigation process,
and the reasons that the available evidence does not substantiate criminal misconduct, or the circumstances that
mean continuation of the investigation is no longer possible.

2. Firearms Trafficking Investigation

The proliferation of illicit firearms and their availability through trafficking contribute to the
capacities of terrorist groups. Indeed, links between terrorism, transnational organized crime, and illicit firearms
trafficking are of increasing concern (Nakamitsu, 2017), not least because they undermine the security of the
citizens, and national and regional stability. It is difficult to investigate and counter firearms trafficking because
it is an intrinsically hidden and potentially global activity. Moreover, its multi-dimensional and cross-cutting
nature creates complexity by drawing together a variety of criminal manifestations that support or facilitate the
trafficking or help launder the illicit incomes generated by it (Nakamitsu, 2017).

Improving the ability to investigate firearms crime has the potential to prevent and significantly reduce
firearms related violence, especially if the investigation is focused not only on the firearm as evidence, but also
on the firearms trafficking process. Yet, often the origin of the firearm itself is not subject to investigation, thus
leaving aside valuable information that can lead to the identification of sources and routing of the firearm to the
end user. This is often because firearms trafficking is rarely detected when the diversion and illicit trafficking
occurs, but only once the firearms have made their way into the hands of criminals that use them to commit
other crimes.

At that point, the focus of the criminal justice system is on the main offence, overshadowing the original
trafficking offence, which has facilitated or made the commission of the principal offence possible. The
principal offence is either considered the more serious, or the ‘easier’ one to pursue, and this risks the neglect of
the wider context and the potential firearms trafficking elements of the case.

‘Use of firearm’ is ‘often identified during police investigations as an aggravating factor to a primary
offence rather than a primary offence in itself’ (Hellenbach et al., 2017: 190), resulting in incomplete
investigations into the supply side. Failure to identify the supplier ultimately means failure to prevent the flow
and misuse of firearms (Hellenbach et al. 2017). Consequently, the extent, routes and dynamics of firearms
trafficking have yet to be fully explored and addressed.

In fact, experience has shown that the link between illicit firearms and transnational organized crime is
often neglected by analysts, policymakers, and legislators because the relevance of firearms for the purpose of
investigation and prosecution of transnational organized crime is often underestimated or not understood.
Firearms suspected of being involved in criminal activities are usually seized and confiscated from suspected
offenders on the grounds of ‘illicit possession’, without considering them also as potential evidence of an illicit
trafficking network (UNODC, 2015). Such isolated approaches to firearms control can jeopardise global efforts
to prevent and combat transnational organized crime (UNODC, Comprehensive Training Curriculum on
Firearms, Module 14).

Fighting complex crimes, such as transnational organized crime and firearms trafficking, requires broad
approaches that make full use of the existing capacity of criminal justice systems in order to detect, investigate,
and prosecute firearms criminality. This includes a combination of conventional reactive law enforcement
(retrospective tactics), and proactive cooperative enforcement measures and judicial cooperative mechanisms
that use international law and effective, on-going exchanges of information and intelligence at all levels.

UNODC is promoting such a proactive approach to firearms investigations; one that encourages the
investigation of firearm sourcing in parallel with the investigation of the main crime, and that places the firearm
investigation both as a piece of evidence for the main crime, and as the object of illicit trafficking at the centre
of the investigative process.