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PDF Criminal Investigation Charles R Swanson Ebook Full Chapter
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12th edition
Criminal
Investigation
NEIL C. CHAMELIN
Assistant State Attorney, Leon County,
Florida (Retired) and Attorney at Law
LEONARD TERRITO
Saint Leo University
ROBERT W. TAYLOR
The University of Texas at Dallas
CRIMINAL INVESTIGATION, TWELFTH EDITION
Published by McGraw-Hill Education, 2 Penn Plaza, New York, NY 10121. Copyright © 2019 by McGraw-Hill
Education. All rights reserved. Printed in the United States of America. Previous editions © 2012, 2009, and
2006. No part of this publication may be reproduced or distributed in any form or by any means, or stored in
a database or retrieval system, without the prior written consent of McGraw-Hill Education, including, but not
limited to, in any network or other electronic storage or transmission, or broadcast for distance learning.
Some ancillaries, including electronic and print components, may not be available to customers outside the
United States.
1 2 3 4 5 6 7 8 9 LWI 21 20 19 18
All credits appearing on page or at the end of the book are considered to be an extension of the copyright
page.
The Internet addresses listed in the text were accurate at the time of publication. The inclusion of a website does
not indicate an endorsement by the authors or McGraw-Hill Education, and McGraw-Hill Education does not
guarantee the accuracy of the information presented at these sites.
mheducation.com/highered
| DEDICATION
From Charles Mike R. Swanson: For my siblings, Chris, Randy, and the oldest, Pat, who
has gone ahead. Thank you for a lifetime of love, friendship, laughter, and wise counsel.
From Neil C. Chamelin: For my wife, Vicki, sons, Chris and Todd, daughter-in-law, Heidi
and granddaughters, Tally, Casey, Laney, and Jessy.
From Leonard Territo: For my wife, Elena, the kindest and sweetest woman I have ever
known, and our children, Lorraine, Kseniya, and Ilia, and my grandchildren,
Matthew, Branden, and Alexander.
From Robert W. Taylor: For my beautiful wife Mary and parents, Rosemary and Harvey
Taylor, and Elizabeth and R.H. Perez.
Charles R. “Mike” Swanson has extensive experience in to law enforcement agencies and has written more than 200
designing promotional systems and tests for state, county, and technical reports for them.
municipal public safety agencies, including the Kentucky State In addition to this book, Mike has coauthored four others,
Police, the Georgia Bureau of Investigation, the Alabama State including Police Administration: Structures, Processes, and Behavior,
Troopers, and the Georgia State Patrol. He has conducted over (9th edition 2017), and Terrorism, Intelligence, and Homeland
60 job-analysis studies and written more than 125 promotional Security (2nd edition, 2018). He has authored or coauthored a
tests. He has designed and implemented at least 75 assessment number of monographs, articles, and conference papers pertaining
centers, as well as written their exercises. Mike has trained to policing. In 2003 he received the O. W. Wilson Award for
assessors from 18 different states and has testified in federal Outstanding Police Scholarship. Mike has received multiple awards
court as an expert witness on police promotional matters. from the governors of three states and from the Georgia Associa-
Mike enlisted in the Marine Corps when he was 17 years old tion of Chiefs of Police, who recognized his 20 years of service to
and then joined the Tampa Police Department, working as a their association by making him the first Honorary Chief of Police.
uniformed officer in the highest crime areas of the city before The University of Georgia twice recognized Mike for “extraordi-
being promoted to detective. Subsequently, he worked as the nary work with law enforcement agencies.” In 2017, he was selected
senior police planner and later as the acting deputy director of as a Distinguished Alumnus of Florida State University.
the Council on Law Enforcement in the Office of the Florida
Governor. While working in Florida, Mike earned his bachelor’s Neil C. Chamelin retired as an assistant state attorney, Second
and master’s degrees in criminology from Florida State Univer- Judicial Circuit, Leon County, Florida. Previously he served as the
sity. After a teaching stint at East Carolina University, Mike hearing officer for the Florida Division of Motor Vehicles, Depart-
accepted a faculty position at the University of Georgia’s Insti- ment of Highway Safety and Motor Vehicles; director of Criminal
tute of Government, where he received a Ph.D. with an empha- Justice Programs for Troy State University, European Region;
sis on public administration and rose through the administrative director of the Florida Police Standards and Training Commission;
ranks, retiring as the interim director in late 2001. While at the and division director for the Standards and Training Division,
Institute Mike trained over 10,000 law enforcement officers from Florida Department of Law Enforcement. He also served as a
42 states in advanced courses such as homicide investigation police officer in Sarasota, Florida. Neil is a co-author of Essentials
and police agency leadership. He remains active as a consultant of Criminal Law, formerly, Criminal Law for Police Officers;
iv ABOUT THE AUTHORS
Introduction to Criminal Justice; and Police Personnel Selection Pro- and the Tampa Police Academy for his years of teaching and
cess. He is currently retired and now lives in Deland, Florida. meritorious services; he was given an award for Distinguished
Scholarly Publications by Saint Leo University; he has been
Leonard Territo is presently a distinguished professor in the selected for inclusion in Who’s Who in American Law Enforce-
Department of Criminal Justice at Saint Leo University, Saint ment; and he has recently been given a Lifetime Achievement
Leo, Florida, and professor emeritus in the Department of Award from the Department of Criminology at the University
Criminology, at the University of South Florida, Tampa, of South Florida.
Florida. He was previously the chief deputy (undersheriff) of
the Leon County Sheriff’s Office in Tallahassee, Florida. He also Robert W. Taylor is currently a full professor in the Crim-
served for almost nine years with the Tampa, Florida Police inology Program at The University of Texas at Dallas. Before
Department as a patrol officer, motorcycle officer, and homicide that he was the founding Executive Director of the W. W.
detective. He is the former chairperson of the Department of Caruth, Jr., Police Institute, an executive training and police
Police Administration and director of the Florida Institute for research center funded through a $9.5 million grant embedded
Law Enforcement at St. Petersburg Junior College, St. Peters- in the Dallas Police Department. For the past 30 years, Bob
burg, Florida. has studied police responses to crime and terrorism. He has
In addition to writing nearly 50 articles, book chapters, and traveled extensively throughout the Middle East, Europe, and
technical reports, he has authored, co-authored, and edited twelve Far East Asia. He currently serves as a consultant to numerous
books, including Police Administration (9th edition); International federal, state, and local agencies on policing issues and prac-
Sex Trafficking of Women and Children: Understanding the Global tices, intelligence analysis, police use-of-force, and terrorism.
Epidemic (2nd edition); Criminal Investigation of Sex Trafficking Bob has been a retained expert witness relating to the quality
in America; The International Trafficking of Human Organs: A of police processes and investigative techniques on a number
Multi-Disciplinary Perspective; Crime and Justice in America (6th of high profile murder cases including the JonBenet Ramsey
edition); Stress Management in Law Enforcement (3rd edition); murder and several Innocence Project cases. In 2008 the Acad-
Police Civil Liability; College Crime and Prevention and Personal emy of Criminal Justice Sciences presented him with the
Safety Awareness; Stress and Police Personnel; The Police Personnel O. W. Wilson Award “in recognition for his outstanding con-
Selection Process; Hospital and College Security Liability; and a tribution to police education, research and practice,” and in
crime novel, Ivory Tower Cop, which was inspired by a true story. 2003 the University of North Texas presented him with the
His books have been used in more than a thousand colleges and Regent’s Lecture Award for his outstanding work on terrorism
universities in 50 states, and his writings have been used and in the Middle East.
referenced by both academic and police departments in 15 coun- Bob also has written extensively in the area of law enforcement
tries including Australia, Barbados, Canada, Chile, China, the management and administration, community policing, and pub-
former Czechoslovakia, England, France, Germany, Israel, the lic policy. He served as a sworn police officer in Portland,
Netherlands, Poland, Saudi Arabia, South Korea, and Spain. Oregon, for six years, three of which were as a major crimes
His teaching awards include being selected by the Florida detective. Aside from this work, Bob has coauthored five addi-
Criminal Justice Educators Association from among 200 Flor- tional books: Police Administration: Structures, Processes, and
ida criminal justice educators as the Outstanding Criminal Jus- Behavior (Pearson, 2017); Terrorism, Intelligence, and Home-
tice Educator of the Year. He was also selected as the land Security (Pearson, 2018); Juvenile Justice: Policies, Pro-
Outstanding Teacher of the Year by the College of Social and grams, and Practices (McGraw-Hill, 2015); Cyber Crime and
Behavioral Sciences at the University of South Florida. He has Cyber Terrorism (Pearson, 2018); and Police Patrol Allocation
been given awards by both the Florida Police Chiefs Association and Design (Pearson, 2009).
| BRIEF CONTENTS
Dedication iii
About the Authors iii
13
Robbery 381
Preface xvii
1 14
Burglary 403
The Evolution of Criminal Investigation
and Forensic Science 1 15
Larceny/Theft and White-Collar
2 Crime 435
Legal Aspects of Investigation 21
3 16
Vehicle Thefts and Related Offenses 469
Investigators, the Investigative Process,
and the Crime Scene 42 17
Cybercrime 506
4
Physical Evidence 93 18
Agricultural, Wildlife, and
5 Environmental Crimes 533
Interviewing and Interrogation 134
6 19
Arson and Explosives Investigations 561
Field Notes and Reporting 166
7 20
Recognition, Control, and Investigation
The Follow-Up Investigation and of Drug Abuse 592
Investigative Resources 187
8 21
Terrorism 636
The Crime Laboratory 222
9 22
The Trial Process and the Investigator as
Injury and Death Investigations 252 a Witness 676
10 Glossary 697
Sex-Related Offenses 289 Notes 716
Index 750
11
Crimes against Children 318
12
Human Trafficking 360
v
| CONTENTS
Dedication iii Arrest Procedures 27
About the Authors iii The Arrest Warrant 27
Preface xvii Probable Cause 29
Search and Seizure 30
1 Legal Searches and Seizures 31
The Evolution of Criminal Investigation Search with a Warrant 31
and Forensic Science 1 Search with Consent 33
Introduction 2 Search Incident to Arrest 33
Search of a Motor Vehicle 34
Jurisdiction 2
Emergency (Exigent Circumstances) 37
Criminal Investigation and Forensic Science 2 Plain View Seizures 38
The Evolution of Criminal Investigation 3 Stop and Frisk 39
The Impact of the Agricultural and Industrial Fruits of the Poisonous Tree 40
Revolutions 3 Key Terms 40
The Fieldings: Crime Information and the Bow Street
Review Questions 40
Runners 3
The Metropolitan Police Act of 1829 3 Internet Activities 41
American Initiatives 4
Pinkerton’s National Detective Agency 5
The Emergence of Municipal Detectives 7
3
Investigators, the Investigative Process,
Federal and State Developments 8 and the Crime Scene 42
The Police and the U.S. Supreme Court 9
Introduction 43
Historical Milestones of Forensic
Types of Offenses 43
Science 10
Three Historical Biometric Methods of Personal The Investigator and the Importance of Investigation 43
Identification 10 Essential Qualities of the Investigator 44
DNA 14 Organization of the Investigative Process 44
Firearms Identification 15 The Preliminary Investigation Mindset of Officers
Other Early Contributors 16 Assigned Calls 45
The Preliminary Investigation 46
The Continuing Evolution of Criminal Investigation and
1. Receipt of Information, Initial Response, and Officer
Forensic Science 16
Safety Procedures 46
Touch DNA at 20 16
2. Emergency Care 49
The Perils of Touch DNA 17
3. Secure Scene and Control Persons and Evidence 50
The New Biometrics 17
4. Issue a Be-on-the-Lookout 51
Forensic Phenotyping 18
5. Conduct Neighborhood and Vehicle Canvass 54
Microbial Communities 18
6. Administrative Procedures for Processing Crime
Key Terms 19 Scenes 57
Review Questions 20 7. The Incident/Offense Report 57
Internet Activities 20 Types of Crime Scenes 57
Organization of the Crime Scene Investigation 59
2 Overall Coordination 60
Legal Aspects of Investigation 21 Forensic Services 61
Introduction 22 Investigative Services 66
The Bill of Rights and the States 22 Types of Evidence 67
Evolution of the Fourteenth Amendment 24 Corpus Delicti Evidence 67
The Fourth Amendment 25 Associative Evidence 67
Tracing Evidence 67
Arrest 25
Ingredients of Arrest 25 Typical Crime Scene Problems 67
Arrest Distinguished from Detention 26 Rules for the Crime Scene Investigator 67
Arrest Distinguished from Charging 27 Maintain Control 67
vi
CONTENTS vii
Preparation for the Interviews or Interrogations 140 Establishing a Comfort Zone for Detecting Deception 158
The Witness 140 Defining Signs of Comfort 158
The Offense 140 Signs of Discomfort in an Interaction 159
The Victim 140 Pacifying Behaviors 160
The Suspect 140 Specific Behaviors to Consider in Detecting
Deception 161
Witnesses’ Motivations, Perceptions, and Barriers 141
Use of Technological Instruments to Detect
Interviewing People with Disabilities 141
Deception 163
Interviewing Individuals Who Are Blind or Visually
Polygraph 163
Impaired 142
Computer Voice Stress Analysis 164
Interviewing Individuals Who Are Deaf or Hard of
Hearing 142 Key Terms 164
Interviewing Individuals with Mobility Impairments 142 Review Questions 165
Interviewing Individuals with Speech Impairments 143 Internet Activities 165
Interviewing Individuals with Cognitive Disabilities 143
Establishing the Competency of a Witness 143 6
The Reliability of Eyewitness Identification 143 Field Notes and Reporting 166
Witness Intimidation 145 Introduction 167
Forms of Witness Intimidation 145 The Importance of Field Notes 167
Response Strategies for Addressing Witness Guidelines for Note-Taking 170
Intimidation 145 Note-Taking and Incident Reports: Body-Worn Cameras,
Deterring Intimidators 146 Audio Recorders, and Public Online Reporting
Documenting Interviews 146 Systems 172
Documenting Interrogations 146 Body-Worn Cameras 172
The Use of Electronic Recordings for Interrogations 147 Audio Recorders 173
Benefits of Recording for Police Officers and Six Basic Investigative Questions 175
Prosecutors 148 Incident Reports 175
The Written Statement 148 Formats for Incident Reports 176
Why People Confess 149 NIBRS 176
False Confessions 150 Generating Reports 176
Voluntary False Confessions 150 Common Elements of Incident Reports 177
Coerced–Compliant False Confessions 150 Writing Effective Reports: The Narrative 181
Coerced–Internalized False Confessions 151 The Narrative 181
Recommendations to Reduce the Possibility of False Supervisory Review and Disposition
Confessions 151 of Incident Reports 184
Admissibility of Confessions and Admissions 151 Supervisory Reviews as a Quality Control Measure 184
The Free-and-Voluntary Rule 151 Supervisory Review of Incident Reports 184
The Delay-in-Arraignment Rule 152 Supervisory Disposition of Incident Reports 185
Supplemental Reports and Follow-up Investigations 185
Interviewing and Interrogation Legal Requirements 152
Preinterrogation Legal Requirements 152 Key Terms 185
Miranda v. Arizona 152 Review Questions 186
Suspect’s Response: Waiver and Alternatives 153 Internet Activities 186
In-Custody Interrogation 155
Miranda and Misdemeanors 156 7
Interrogation as Defined by the U.S. Supreme Court 156 The Follow-Up Investigation and
Recent U.S. Supreme Court Decisions on the Right to Investigative Resources 187
Remain Silent 156 Introduction 188
Court Proceedings 157 The Decision to Initiate a Follow-Up Investigation 188
Right to Remain Silent—Invocation 157
The Follow-Up Investigation Process 189
Right to Remain Silent—Waiver 157
Salinas v. Texas 157 Reviewing the Incident and Supplemental Reports 191
Detection of Deception 158 The Jail Booking Report 192
The Critical Role of the Comfort/Discomfort Equation in The Vehicle Impoundment Report 192
Detecting Deception 158 Field Contacts and Interviews 192
CONTENTS ix
8
The Crime Laboratory 222
Introduction 223
Crime Laboratories 224
The Morgue 224
Digital Crime Labs 225
Expectations 226
Measures of Crime Laboratory Effectiveness 226
Quality 227
x CONTENTS
Traumatic Brain Injuries and Death 327 Sex Trafficking of American Children 365
“Coup-Contrecoup” Injuries 327 Nature and Scope of the Problem 365
Shaken-Baby Syndrome 329 The Demographics of Sexually Exploited Children 366
Munchausen Syndrome by Proxy 330 Precipitating Factors Affecting Why Children Become
Investigative Guidelines 331 Involved in Prostitution 366
The Role of The Physician in Child-Abuse Cases 332 Various Factors That Leave Youth Vulnerable to
Traffickers 366
Child Sexual Exploitation 332
Running Away from Home 366
Child Molestation 332
Survival Sex 367
Child Pornography 340
Early Childhood Abuse and Neglect 367
Child Sex Tourism 343
Familial Trafficking 367
Use of The Computer and The Internet in Child
Drug-Addicted Parents 367
Pornography 344
Psychological and Emotional Difficulties 367
Internet Crimes against Children 345
Bullying and Cyberbullying 347 Mental Health Symptoms 367
Child Abduction 348 Post-Traumatic Stress Disorder and Sex-Trafficking
The Parental Interview 348 Victims 368
Victimology of the Missing Child 348 Symptoms of Post-Traumatic Stress Disorder (PTSD) 368
Abduction Patterns 349 The Stockholm Syndrome (Survival Identification
Checklist for Law Enforcement 350 Syndrome/Trauma Bonding) 368
Amber Alert Plan 350 Central Characteristics of the Stockholm Syndrome 369
Sex Offender Registration and Notification 351 Recruitment and Pimp Control 369
Crime in Schools 352 The Initial Approach by the Pimp 370
Threat Assessment 352 Seasoning Techniques and Tactics of Power and
Classification of Threats 355 Control 370
The Role of Law Enforcement 356 The Use of Pornography as a Means of Control 370
Investigating School Violence 356 Sex for Drugs 371
Key Terms 358 Sex Trafficking of Foreign Women and Children into
America 371
Review Questions 358
The Differences Between Trafficking and Smuggling 371
Internet Activities 359 Stages of International Sex Trafficking 372
Recruitment 372
12 Methods of Transportation 372
Human Trafficking 360 Delivery/Marketing 373
Introduction 361 Exploitation 373
United States Laws on Sex Trafficking 361 Factors Contributing to the Exploitation of Trafficked
The Mann Act 361 Women 373
The Travel Act 362 Indicators of Sex Trafficking Venues 374
Trafficking Victims Protection Act 2000 363 Types of Calls or Contacts that May Indicate Human
Creation of Special Status Visas 363 Trafficking 375
The U visa 363 Suggested Interview Protocol for Sex-Trafficking
The T visa 363 Victims 375
Trafficking Victims Protection Reauthorization
Act 2003 363 (©Robert Nickelsberg/Getty Images)
Trafficking Victims Protection Reauthorization
Act 2005 363
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 364
Federal Laws Related to Domestic Minor Sex
Trafficking 364
Racketeer Influenced and Corrupt Organizations Act
(RICO) 364
Harsher Penalties under RICO 364
State Laws on Human Trafficking 364
Where to Prosecute: Federal or State Courts 365
xii CONTENTS
Retail Policies, Staffing, and Stock Control 440 Key Terms 467
Store Layout and Displays 441 Review Questions 467
Stolen Goods and The Internet 441
Internet Activities 468
Tips for Theft Prevention Investigators 441
Local Police Responding to Shoplifting Arrests 441
Bicycle Theft 441
16
Vehicle Thefts and Related Offenses 469
Clearance Rates for Bicycle Theft 442
Techniques Employed by Perpetrators to Steal Introduction 470
Bicycles 442 Motor Vehicle Theft 471
Asking the Right Questions 443 Types of Theft 471
Locations and Times of Bicycle Thefts 443 Methods of Operation—The Professional 472
Bicycle Theft Offenders 443 Fraudulent Theft Schemes 474
Bicycle Theft Victims 443 Theft of Heavy Construction Equipment 477
Identity Theft and Follow-On Crimes 444 Commercial-Vehicle and Cargo Theft 479
How Identity Theft Occurs 444
Investigative Tools and Techniques 479
Follow-on Crimes 446
Major Investigative Resources 480
Investigation of Identity Theft and Follow-On Cases 446
AAMVA and NMVTIS 482
Credit Card Fraud 448 Locating and Handling Vehicles 484
Check Fraud 449 Vehicle Identification 484
Employee Check-Based Crimes 449 Investigation of Vehicle Fires 492
Counterfeiting 450 Contact with the Owner 494
20
Recognition, Control, and Investigation
of Drug Abuse 592
Introduction 593
Drugs and Scheduling 594
Opiates 594
xvi CONTENTS
As with the previous editions, the first purpose of this THE TWELFTH EDITION
book is to provide a useful tool for those on law enforcement’s
front lines. Thus, Criminal Investigation is once again filled with
Criminal investigation is always evolving owing to scientific,
practical “how to” information, case studies, and color photo-
legal, and social developments, as well as to changes in the
graphs that illustrate important points and checklists that can
behavior of criminals. Although many investigative techniques
be adapted to the needs of local agencies.
are fundamental and remain basically the same over time, sig-
We have scrutinized all aspects of the book, downsizing and
nificant changes also occur on a continuing basis. In addition
deleting some content while elsewhere adding new cutting-edge
to having updated photographs, tables, figures, and citations,
topics. Many portions of chapters have been substantially or
we have added new case studies and two new features: box
totally rewritten. These and other changes are more fully identi-
items and quick fact boxes, which contain short statements
fied shortly.
with information relevant to the content of the chapter, but
Criminal Investigation continues to differ from other texts,
may not have an exact relationship to the content being
and the differences are again reflected throughout this edition.
discussed.
First, criminal investigation generally has been conceived of,
and touted as, an art. This approach depreciates the precision • Chapter 1, “The Evolution of Criminal Investigation and
required to conduct inquiries; it denies the existence of, and Forensic Science,” a historically oriented chapter, has a revised
adherence to, rigorous methods; and it associates criminal introduction that provides a definition of the investigator and
investigation with unneeded mysticism. Criminal investigation the investigation, as well as an emphasis on the fundamental
is in large part a science. The fact that criminals are not purpose of investigation and forensic science and its role in
always apprehended does not make it less so. The rational discovering the truth. New information on biometrics and
scientific method is, of necessity, supplemented by initiative forensic phenotyping has been added to this chapter.
and occasional fortuitous circumstances, but it is the applica-
tion of the method rather than shrewd hunches that most
• Chapter 2, “Legal Aspects of Investigation,” addresses
legal topics that uniformed officers and investigators
frequently produces results. The most successful investigators
encounter on a daily basis and that are essential for the
are those who know how to apply the rational scientific
successful resolution of every criminal case. New feature
method; therefore, it is this method that we consistently use
materials have been added on “Fundamental Fairness,
in Criminal Investigation.
Due Process and Brady Violations,” and “Stop and Frisk
A second major difference between this text and others arises
in New York City.” New content has been added on
from our belief that writing about techniques takes on more
arrest warrant scams, traffic enforcement and racial profil-
substance if one understands something of the nature of the
ing, and warrantless trunk vehicle searches. Plus new
event being investigated. Thus we have discussed typologies—
material has been added on stop-and-identify statutes in
including offenses, offenders, and victims—in depth, so that
the U.S., as well as a new Internet Activity focusing on
our readers not only take away a more comprehensive under-
the search and seizure of digital evidence by police offi-
standing of criminal investigation than they would from
cers in the future.
another textbook but also have substantial information to use
later as a reference. • Chapter 3, “Investigators, the Investigative Process, and the
Third, because crime-prevention technology has been a sig- Crime Scene,” includes updated information on the disease
nificant milestone for both the police and the public, we have risks officers face from Hepatitis A, B, C, Ebola, Zika, and
inserted short sections on prevention in chapters where appro- tuberculosis infections. The chapter continues to emphasize
priate. The complexity of crime prevention dictates that it is a its strong crime scene and preliminary investigation focus.
specialization within police departments. Yet at the scene of a
crime, the investigator may be in a unique position to make a
• Chapter 4, “Physical Evidence,” has been thoroughly revised
and streamlined and includes new material on “geoforen-
few helpful, if rudimentary, suggestions to a victim on how to
sics,” as well as updated sections on forensic palynology,
avoid further loss. Criminal Investigation’s crime-prevention sec-
impression evidence, glass, fingerprints, forensic odontology,
tions give investigators the tools to accomplish this task.
hair, and blood.
Finally, most investigative books tend to blur the distinction
between the roles of uniformed officers and detectives; we draw • Chapter 5, “Interviewing and Interrogation,” includes a new
this line distinctly. Although everyone may not agree with our section on the most efficient way to interview people with
dichotomizing, the uniformed officer’s role must be recognized disabilities. This includes those who are blind or visually
for the contribution it makes to the ultimate success of an inves- impaired, deaf or hard of hearing, mobility impaired, or
tigation. have cognitive disabilities.
xvii
xviii P R E FAC E
• Chapter 6, “Field Notes and Reporting,” has been substantially new ones added. This includes the discussion of sex traffick-
re-written, including information about digital audio recorders ing of American children and their demographics. We also
and body worn cameras and the extent to which officers can discuss the Stockholm syndrome; recruitment; pimp control;
use those recordings when writing reports. Also included are the role played by customers (johns); programs for demand
online public reporting systems, and a discussion of handling reduction; and the role of the law enforcement Multi-
field contacts with different genders, races/ethnicities, and Agency Task Force.
LGBT individuals.
• Chapter 13, “Robbery,” includes a discussion of the dra-
• Chapter 7, “The Follow-Up Investigation and Investigative matic increase in the robberies of smartphones in recent
Resources,” has been thoroughly updated and includes a years and how best to investigate them as well as prevent
new section on Field Contacts and Field Interviews; a revised them in the first place. We have also discussed efforts by
section on the Bureau of Alcohol, Tobacco, and Firearms; a police to set up “Safe Zones” to prevent robberies which
completely updated section on surveillance; and an updated involve sales generated by Craig’s List.
section on Guidelines for Conducting Show-ups, Photo
Arrays/Lineups, and Live Lineups. Also you will find a new
• Chapter 14, “Burglary,” was substantially rewritten, includ-
ing new information on possession of burglary tools and
discussion on the Innocence Project and completely revised
lock picking’s emergence as a competitive sport, profiles of
sections on Cold Case Investigation and Intelligence Analysis
burglaries, burglar motivations, gender differences, and the
and Crime Analysis.
acquisition of information about potential targets, including
• Chapter 8, “The Crime Laboratory,” includes updated and the use of drones.
expanded material on new technologies that have revolution-
ized the crime lab. As such, information on fingerprints and
• Chapter 15, “Larceny” includes an expanded discussion of
shoplifting and crime prevention tips for employees. We
the law, and on CODIS (including new DNA quantitation,
have also added new information which addresses the prob-
mitochondrial DNA, non-human DNA, sperm detection and
lem of bicycle theft. This includes a discussion of the typi-
separation, and Y-Chromosome analysis), is presented. A new
cal methods employed by bicycle thieves as well as
section on “Biometrics and Next Generation Identification
developing a profile for both the thief and potential victims.
(NGI)” also highlights the chapter as well as added material
on problems and scandals within crime laboratories (e.g., • Chapter 16, “Vehicle Theft and Related Offenses,” includes
dissolution of the FBI’s Hair Analysis and Bite-Mark Analysis updated statistical information relating to auto, airplane,
section, and reforming state and local crime labs). motorcycle, and “big rig” (18-wheeler) vehicle theft. There
are also new informational items on auto component and
• Chapter 9, “Injury and Death Investigations,” includes a accessary theft, cybercrime and cars, the use of stolen
new discussion of the differences between spree killings
vehicles by terrorists, odometer fraud, the transport of
and mass murders. For example, the spree killer is an
stolen vehicles to Mexico, and preventing vehicle theft
individual who embarks on a murder rampage and the
through the use of new technologies.
killings take place over a given period of time. The mass
murder typically involves the intentional killing of a group • Chapter 17, “Cybercrime,” addresses one of fastest growing
of people at one time and usually occurs in a public place. areas of criminal investigation confronting the police. There
is new section on the “The Evolution of Cybercrime: From
• Chapter 10, “Sex-Related Offenses,” includes an updated Teen Hackers and Script Kiddies to Sophisticated Criminal
section on best practices for sexual assault investigation with
Organizations, International Espionage, and Cyber Terror-
new material on rape and sexual assault investigation and
ism,” which provides detailed discussion of today’s major
preliminary victim interviews, minimal fact interviews, victim-
threats from criminal organizations to foreign espionage
centered responses and trauma-informed responses, and fol-
groups. There are also a number of informational items that
low-up interviews by detectives and/or officers. The chapter
focus on high-level cybercrime threats and attacks, including
also presents new presentations on contemporary issues facing
discussion on Stuxnet and Flame, and Advanced Persistent
sex-related offense investigations, such as police sexual vio-
Threat 1 (APT-1). The chapters also has a major new sec-
lence, transgender victims of sexual assault, drug and alcohol-
tion on digital forensics that includes common digital evi-
facilitated sexual assault, and date rape (sexual assault) on
dence found in traditional crimes as well as securing
college and university campuses.
evidence on mobile devices.
• Chapter 11, “Crimes Against Children,” contains new and
updated material on the impact of social media on crimes
• Chapter 18, “Agricultural, Wildlife, and Environmental
Crimes,” includes a discussion of the causes of wildfires
against children, such as investigative tools using Facebook,
and how investigators can go about determining whether
Twitter, and Snapchat in cases involving cyberbulling, sexting,
they are accidental, intentional, or natural. We have also
and sextortion. The chapter also has a new and updated
added an entirely new section dealing with agroterrorism,
analysis of school shootings that continue to plague the U.S.
which is defined as the deliberate introduction of animal or
• Chapter 12, “Human Trafficking,” has been extensively plant disease for the purpose of generating fear, causing
modified with many of the previous topics expanded and economic loses, or creating social instability. We have also
PREFACE xix
added a discussion about the roles of outfitters, guides, and • Chapter-opening photographs, outlines, and learning objec-
landowners in trophy poaching. tives draw readers in and serve as a road map to the chap-
ter.
• Chapter 19, “Arson and Explosives,” includes an expanded
discussion of the role played by the U.S. Bureau of Alcohol, • Chapter-opening overviews provide readers with a snapshot
Tobacco, Firearms, and Explosives (ATF) in the collection, of the entire chapter and are excellent review tools for
storage, and analysis of explosives. New material also readers who are preparing for exams.
includes the consolidation of the FBI’s Automated Incident
Reporting System with the ATF’s Bomb Arson Tracking
• Detailed captions accompany photographs, clarifying pre-
cisely what readers should be looking for and learning when
System (BATS).
examining each piece of art.
• Chapter 20, “Recognition, Control, and Investigation of Drug • End-of-chapter review sections featuring key-term lists, review
Abuse,” has new material on the major paradigm shift
questions, and Internet activities make preparing for exams
relating to the legalization and decriminalization of mari-
easier than ever.
juana in the United States. There are also new informa-
tional items relating to the impact of the arrest, escape, and As mentioned, we have retained our plentiful, widely
re-arrest of Joaquin “El Chapo” Guzman in Mexico, celeb- acclaimed “cases” within every chapter, ensuring that the twelfth
rity drug use focusing on the deadly effects of the heroin- edition is not only the most current, definitive text on criminal
cocaine mixture known as a “speedball,” police use of investigation but also the most practical and relevant. And with
Naloxone (Narcan), and new drug mixtures such as “el the enhancements we have made to the learning aids, Criminal
diablito” containing heroin and fentanyl. Investigation is, simply put, the most mastery-oriented text avail-
able for the course.
• Chapter 21, “Terrorism,” has received a number of updates to
reflect the changes in terrorist organizations, structures, and
threats confronting the police. As such, there is new material SUPPLEMENTS
on the Islamic State and the importance of Abu Musab
al-Zarqawi in the development of the Islamic State in Iraq and
The 12th edition Criminal Investigation is
Syria (ISIS). There are also new discussions relating to
now available online with Connect, McGraw-Hill Education’s
Sheikh Anwar al-Awlaki and his impact on radical Islam, and
integrated assignment and assessment platform. Connect also
the terrorist attacks in San Bernardino (CA) by Syed Rizwan
offers SmartBook for the new edition, which is the first adaptive
Farook and Tashfeen Malik and the Orlando (FL) attack of
reading experience proven to improve grades and help students
the gay Pulse nightclub by Omar Mateen. The chapter also
study more effectively. All of the title’s ancillary content is avail-
has new informational items on recent attacks in Burkina Faso
able through Connect, including:
conducted by al-Qaeda in the Islamic Maghreb-AQIM, and the
Malheur National Wildlife Refuge occupation in Central Ore- • A full Test Bank of multiple choice questions that tests
gon in 2016. The chapter concludes with new material focus- students on central concepts and ideas in each chapter.
ing on the future of terrorism in the United States. • An Instructor’s Manual for each chapter with full chapter
outlines, sample test questions, and discussion topics.
• Chapter 22, “The Trial Process and the Investigator as a
Witness,” has seen all statistical data updated. New features • Lecture Slides for instructor use in class and downloadable
RAP forms.
have been added on “Expert Opinion and the Daubert
Standard”; “Lying and Officer Credibility as a Witness”;
“Scientific Jury Selection”; “49 Wrongfully Convicted Peo-
ple Who Were Exonerated in 2015”; and “Prima Facia ACKNOWLEDGMENTS
Cases and Evidence.” New Internet Activities added as well.
Without the kindness of many people throughout the country—
literally from Alaska to Maine—this book could not have been
written. We are grateful for the support of our colleagues around
LEARNING AIDS the country who have contributed case histories, reviewed por-
tions of the manuscript within their areas of expertise, written
Working together, the authors and the editors have developed a sections for inclusion in the book, contributed photographs,
format for the text that supports the goal of a readable, practical, forms, and other illustrations, or otherwise gone out of their
user-friendly book. In addition to the changes already mentioned, way to be helpful. Our continuing concern in writing these
we have added a host of new photographs, figures, and tables to acknowledgments is that, inadvertently, we may have omitted
reinforce and expand the text coverage. A visual presentation of someone. If this is so, let us know so that we may correct this
the book’s many lists—which are so critical in a text that teaches oversight, and also please accept our apologies. Our acknowledg-
professionals and future professionals “how to” investigate crime— ments include persons who have contributed to this edition and
makes this material easy to digest. The learning aids in the edition those who helped with earlier editions. Some of the people iden-
go beyond these visual elements, however: tified have retired or taken on new responsibilities since assisting
McGraw-Hill Connect® is a highly reliable, easy-to-
use homework and learning management solution
that utilizes learning science and award-winning
adaptive tools to improve student results.
73% of instructors
who use Connect
Quality Content and Learning Resources require it; instructor
satisfaction increases
by 28% when
▪ Connect content is authored by the world’s best subject Connect is required.
matter experts, and is available to your class through a
simple and intuitive interface.
▪ The Connect eBook makes it easy for students to
access their reading material on smartphones
and tablets. They can study on the go and don’t
need Internet access to use the eBook as a
reference, with full functionality.
▪ Multimedia content such as videos, simulations,
and games drive student engagement and critical
thinking skills. ©McGraw-Hill Education
Robust Analytics and Reporting
▪ Connect integrates with your LMS to provide single sign-on and automatic syncing
of grades. Integration with Blackboard®, D2L®, and Canvas also provides automatic
syncing of the course calendar and assignment-level linking.
▪ Connect offers comprehensive service, support, and training throughout every
phase of your implementation.
▪ If you’re looking for some guidance on how to use Connect, or want to learn
tips and tricks from super users, you can find tutorials as you work. Our Digital
Faculty Consultants and Student Ambassadors offer insight into how to achieve
the results you want with Connect.
www.mheducation.com/connect
xxii P R E FAC E
us, but, unless otherwise requested, we include their organiza- graph on using street surveillance cameras to prevent street rob-
tional affiliation and status at the time of the original contribu- beries.
tion, since we feel that the agencies then employing them are Gene Lazarus, Florida State Fire College, Ocala, and Steve
also deserving of continued recognition. Mraz, formerly with the Pinellas County, Florida, Fire Acad-
Colleagues who have contributed photographs, forms, and emy, reviewed and contributed to the arson chapter. Bob Quinn,
other illustrations are identified beginning on page xxiii; thank Tom Costigan, Mike Rendina, Jim Wilder, and Richard Frank,
you one and all. We would also like to thank another group of presently or formerly with the Drug Enforcement Administra-
individuals who helped out in a variety of ways: Bryanna Fox tion. Richard Souviron, Chief Forensic Odontologist, Dade
led a research team studying burglary behavioral patterns in County Florida, Medical Examiners Office, was an early major
Florida. She received her doctorate in psychological criminol- contributor of material dealing with bite marks and dental evi-
ogy from the University of Cambridge (England). Dr Fox is a dence. Dr. Wally Graves, Medical Examiner for Lee, Henry, and
former FBI agent, a consultant to law enforcement agencies, and Glades Counties, Florida, provided information on dental evi-
presently a faculty member in the College of Criminology and dence. John Valor, forensic artist and photographer, provided
Criminal Justice, University of South Florida, Tampa. She and illustrations for the dental section. Dick Williams of the FBI
her research team graciously agreed to allow us to use portions Crime Laboratory read the questioned-documents section and
of her ground breaking research in the burglary chapter. This made a number of suggestions to clarify and strengthen it. Don
research has been widely recognized, including the Excellence Hampton of the Springfield, Missouri, Police Department did
in Law Enforcement Research from the International Associa- the same for parts of the crime scene chapter. We benefited also
tion of Chiefs of Police. from the reviews and research materials provided by Jim Hal-
Ross Gardner reviewed the new section of forensic mapping ligan, formerly with the Florida Department of Law Enforce-
and made helpful suggestions, as did Captain John P. Slater ment and then a professor at Florida State University’s School
(retired), Training Director, National Institute for Truth Verifica- of Criminology. He was a superb teacher and a real friend.
tion with respect to the CVSA II System. Special Agent, Joe Special thanks to Lt. Greg Terp, commander of the Miami-
Navarro, FBI (retired) was kind enough to provide us with most Dade Auto Theft Task Force, and to some special people with
of the information discussing the detection of deception. Chief the National Insurance Crime Bureau—Special Agent Law-
Jack Lumpkin and Sgt. David Leedahl, Athens Clarke County rence “Dave” Dempsey; Regional Manager Ron Poindexter;
(Georgia) Police Department; Chief Dwayne Orrick, Cordele Vice-President and General Counsel Robert H. “Bob” Mason;
(Georgia) Police Department; Chief Rick Boren, Lt. Ronnie and Member Relations Manager Ed Sparkman.
Griffin, and Sgt. Doug Shafer, Columbus (Georgia) Police Thanks to professor Gail Anderson of Simon Frazer Univer-
Department; Major Tolbert and Lt. Zapal, Savannah Police sity in Burnaby, B.C., Canada, for providing us with updated
Department; Bob Hopkins, Hillsborough County, Florida, Sher- information on forensic entomology. Robert Aristarco, Assistant
iff’s Office gave us information to strengthen the section on Vice President for Corporate Communications, American Re-
follow-up investigations; Commander Michael Frazier, Phoenix, Insurance Company in Princeton, New Jersey, allowed us to
Arizona, Police Department, was helpful with information on reprint material on arson investigation published by his com-
arson and explosives, as were Chief Richard Pennington and Offi- pany. Linda Brown and Robyn Royall of Help A Child, Inc. and
cer R. Bonelli from the New Orleans Police Department; Chief SAVE (Sexual Assault Victim Examination Program) in Pinellas
Lee Donahue and Major William Gulledge, Honolulu, Hawaii, Park, Florida, provided us with all the material they use to col-
Police Department; Kenneth V. Lanning, Supervising Special lect the physical evidence of sexual assault cases. Dave Crosbie
Agent of the Federal Bureau of Investigation and the National of the Burnsville Minnesota Fire Department provided us with
Center for Missing and Exploited Children allowed us to reprint photos for the “Arson and Explosives” chapter. Michael Dorn
in Chapter 11 (“Crimes against Children”) from his previously of Dorn’s, Inc. provided us with current information on crimes
published material on the topics of child molestation and child in schools. Dr. Thomas B. Kelley of Florida State University in
pornography. Major Andy Garrison and Frank Broadrick, North- Panama City (Department of Criminology and Criminal Jus-
east Georgia Police Academy, reviewed the chapter on report tice) provided us with both narrative information on underwater
writing and made good suggestions for its revision. Steven Gott- crime scene investigation and photographs. Debbie Lewis,
lieb, executive director of the Alpha Group Center for Crime and Records Custodian, William A. Pellan, Director of Forensic
Intelligence Analyst Training, allowed us to adopt portions of his Investigations in Pasco and Pinellas Counties, Largo, Florida,
textbook to explain the critical role of crime analysis in law and John R. Thogmartin, M.D. provided numerous photographs
enforcement investigations. Ron French of the Ecorse, Michigan, for Chapter 9 (“Injury and Death Investigations”) and Chapter 10
Fire Department provided updated commentary on where and (“Sex-Related Offenses”). Sergeant Jim Markey of the Sex Crimes
how fires start, as well as on fire setting and related mechanisms. Unit of the Phoenix, Arizona, Police Department supplied us
Leigh Herbst from the University of Nebraska helped with the with information on how to reopen cold case sex crimes; he
new chapter-opening and closing material. also provided us with a photograph. Robert Parker, Director,
Chief Robert Davis, Lt. Rick Martinez, and Police Artist Gil and Major Raul M. Ubieta, Miami-Dade (Florida) Police
Zamora, San Jose California Police Department, provided pho- Department, supplied us with their agency’s Robbery Standard
tographs for the robbery chapter. Lt. Anthony Traina, Paterson Operating Procedure along with model form letters sent to
(NJ) Police Department, provided information and a photo- robbery victims. Greg C. Pauley of the Temple Terrace,
PREFACE xxiii
Florida, Police Department provided us with a computer-gener- We also would like to thank Sharon Ostermann for gra-
ated composite image as well as a police mug shot of a robbery ciously and cheerfully typing up major portions of this edition.
suspect at the time he was arrested. Lieutenant Ted Snodgrass Her constructive criticism, research skills, and editing greatly
of the Las Vegas, Nevada, Metropolitan Police Department Rob- improved the final product.
bery Section supplied us with considerable information about The book benefited from a counsel of reviewers. Thanks to:
his agency’s “Team Approach” in dealing with robbery cases.
Clare Armstrong-Seward, Morrisville State College
Detective David Spraggs of the Boulder, Colorado, Police
Lee Ayers, Southern Oregon University
Department provided us with material used in the discussion of
Preston Baity, Milwaukee Area Technical College
opening a cold case homicide investigation, along with several
Geriann Brandt, Maryville University
photographs. Laurie A. Ward, Crime Scene Administrator,
Tyler Brewer, Southwestern College
Laura Sheffield, Forensic Artist, and Sheriff Grady C. Judd, Jr.,
John Brooks, University of Arkansas
all of the Polk County Sheriff’s Department Office in Barstow,
Michael Brown, Southeast Missouri State University
Florida, provided us with information on the use of forensic
Ruben Burgos, Milwaukee Area Technical College
artists to re-create images of a robbery suspect along with a
Steven Chavez, Western New Mexico University
picture of the suspect at the time he was arrested. Sergeant Scott
Stephen D’Arcy, California State University, Sacramento
Whittington of the Colorado Springs, Colorado, Police Depart-
Gene Evans, Camden County Community College
ment supplied us with a video photo of a robbery in progress.
Anita Bledsoe Gardner, Cleveland Community
Maryellin Territo and Sal Territo devoted long hours to research-
College
ing sources for the most current information relating to all fac-
Don Haley, Tidewater Community College
ets of criminal investigation.
Daniel Hebert, Springfield Technical Community College
A special thank you is extended to Mr. Ed Hueske for his
Edward Jackson, Baltimore City Community College
invaluable help and assistance on the Physical Evidence and
William Kemper, University of South Florida, Sarasota
Crime Laboratory chapters. His forensics expertise was instru-
Dwayne Marshall, Lock Haven University of PA
mental in helping acquire photographs and addressing new tech-
Glenn McKiel, Middlesex Community College
niques in the area. Also, a very special thanks to Ms. Jennifer
Joe Morris, Northwestern State University
Davis for her hard work, research, and assistance in developing
James Parlow, Winona State University
the book. She was an important coauthor on the “Crimes
Dave Pauly, Methodist University
against Children” chapter. Chief Jimmy Perdue, North Richland
Scott Pray, Muskingum College
Hills, Texas Police Department; Gregory Allen and Assistant
Cecilia Spellman-Frey, Suffolk County Community College
Chief Peter Pacillas, El Paso, Texas Police Department; Chief
William Vizzard, California State University, Sacramento
Robert Lehner, Elk Grove, California Police Department; and
Charlene Weitzeil, Olympic College
Chief David O. Brown, Dallas Police Department, provided
Donna Gaughan Wilson, Prince George’s Community
opportunities within their departments for acquiring photo-
College
graphs and learning new techniques in the investigative process.
Dr. Kall Loper has coauthored the “Computer Crime” chapter Finally, a few words about the hard-working people who
in previous editions, and some of his work was continued in this helped make this a better book: We would like to thank our
edition. Special Agent Corey Monaghan, Florida Department of development team, ansrsource, led by editors Anne Sheroff,
Law Enforcement (Tampa Region) reviewed two important chap- Reshmi Rajeesh, and Erin Guendelsberger; the team at McGraw-
ters in this book: Chapter 17 on Cybercrime and Chapter 11 Hill: Portfolio Manager Jamie Laferrera, Product Developer
on Crimes Against Children. His insight and remarks proved Erika Lo, and Content Production Manager Ryan Warczynski;
invaluable to this edition . . . Thank you Corey! Dr. David and finally; photo researcher Jennifer Blankenship, who found
Carter, Michigan State University, Dr. Richard Holden, Univer- us photos and obtained permission to use them in a timely
sity of North Texas at Dallas, and Mr. Greg Smith, Institute for manner.
Law Enforcement Administration-ILEA, offered important infor-
mation throughout the book. And, Dr. John Worrall, Dr. Sarah Charles R. “Mike” Swanson
Maxwell, Dr. Tom Brunnell, and Dr. Galia Cohen, University of Neil C. Chamelin
Texas at Dallas, all provided “valuable input, moral support, and Leonard Territo
encouragement” to Bob during the writing of this project. Robert W. Taylor
| IN APPRECIATION
We are grateful to our colleagues from around the country who Idaho
have been kind enough to contribute photographs, forms, and Idaho Bureau of Investigation
other figures to the text. The inclusion of such material helps
ensure the relevancy and usefulness of the text for all readers Illinois
in all states. For this, we are indebted to the following individu- Chicago Crime Laboratory
als, departments, and agencies: Chicago Police Department
Cook County, Illinois, Sheriff’s Department
Alaska Illinois Environmental Protection Agency
State of Alaska Scientific Crime Detection Laboratory Illinois State Police
Arizona
Indiana
Phoenix, Arizona, Police Department
Indiana State Police
California
California Bureau of Livestock Identification Iowa
Kern County, California, Sheriff’s Department Iowa Criminalistic Laboratory, Department
Los Angeles County Sheriff’s Department of Public Safety
Riverside County, California, Sheriff’s Department State Historical Society of Iowa
San Bernardino County, California, Sheriff’s Department Kansas
San Diego County Sheriff’s Department Wichita, Kansas, Police Department
San Jose Police Department
Santa Ana, California, Police Department Kentucky
Santa Barbara County, California, Sheriff’s Department Kentucky State Police
Colorado Maine
Westminster, Colorado, Police Department Lewiston, Maine, Police Department
Delaware Maryland
Delaware State Police The SANS Institute
Florida
Big Bend Bomb Disposal Team, Tallahassee, Florida
Massachusetts
Massachusetts Environmental Police
Dade County Medical Examiner Department, Miami,
National Fire Protection Association
Florida
Florida Department of Law Enforcement Michigan
Leon County Sheriff’s Department, Tallahassee, Florida Ecorse, Michigan, Fire Department
Miami-Dade Police Department Sterling Heights, Michigan, Police Department
Pinellas County, Florida, Public Health Unit, Sexual
Assault Victim Examination Program Minnesota
Pinellas County, Florida, Sheriff’s Office Minneapolis, Minnesota, Police Department
Polk County Sheriff’s Office Minnesota Department of Health
Port Orange, Florida, Police Department
Missouri
St. Petersburg, Florida, Police Department
Regional Criminalistics Laboratory, Metropolitan
Tallahassee Regional Crime Laboratory, Florida
Kansas City, Missouri
Department of Law Enforcement
Springfield, Missouri, Police Department
Tampa, Florida Fire Department
St. Louis County, Missouri, Police Department
Tampa, Florida Police Department
St. Louis Police Department
Georgia
New Jersey
Athens-Clarke County, Georgia, Police Department
New Jersey State Police
Atlanta Police Department
Paterson Police Department
Cordele, Georgia, Police Department
Columbus, Georgia, Police Department New York
Georgia Bureau of Investigation Nassau County, New York, Police Department
Savannah Police Department New York City Police Department
xxiv
IN APPRECIATION xxv
1
The Evolution
of Criminal
Investigation and
Forensic Science
CHAPTER OBJECTIVES
Lord Byron used to boast that he could bring forward a dozen young
men of fashion who could beat all the regular authors at their several
weapons of wit or argument; and though I demur to the truth of the
assertion, yet there is no saying till the thing is tried. Young
gentlemen make very pretty sparrers, but are not the ‘ugliest
customers’ when they take off the gloves. Lord Byron himself was in
his capacity of author an out-and-outer; but then it was at the
expense of other things, for he could not talk except in short
sentences and sarcastic allusions, he had no ready resources; all his
ideas moulded themselves into stanzas, and all his ardour was
carried off in rhyme. The channel of his pen was worn deep by habit
and power; the current of his thoughts flowed strong in it, and
nothing remained to supply the neighbouring flats and shallows of
miscellaneous conversation, but a few sprinklings of wit or gushes of
spleen. An intense purpose concentrated and gave a determined
direction to his energies, that ‘held on their way, unslacked of
motion.’ The track of his genius was like a volcanic eruption, a
torrent of burning lava, full of heat and splendour and headlong fury,
that left all dry, cold, hard, and barren behind it! To say nothing of a
host of female authors, a bright galaxy above our heads, there is no
young lady of fashion in the present day, scarce a boarding-school
girl, that is not mistress of as many branches of knowledge as would
set up half-a-dozen literary hacks. In lieu of the sampler and the
plain-stitch of our grandmothers, they have so many hours for
French, so many for Italian, so many for English grammar and
composition, so many for geography and the use of the globes, so
many for history, so many for botany, so many for painting, music,
dancing, riding, &c. One almost wonders how so many studies are
crammed into the twenty-four hours; or how such fair and delicate
creatures can master them without spoiling the smoothness of their
brows, the sweetness of their tempers, or the graceful simplicity of
their manners. A girl learns French (not only to read, but to speak it)
in a few months, while a boy is as many years in learning to construe
Latin. Why so? Chiefly because the one is treated as a bagatelle or
agreeable relaxation; the other as a serious task or necessary evil.
Education, a very few years back, was looked upon as a hardship, and
enforced by menaces and blows, instead of being carried on (as now)
as an amusement and under the garb of pleasure, and with the
allurements of self-love. It is found that the products of the mind
flourish better and shoot up more quickly in the sunshine of good-
humour and in the air of freedom, than under the frowns of
sullenness, or the shackles of authority. ‘The labour we delight in
physics pain.’ The idlest people are not those who have most leisure-
time to dispose of as they choose: take away the feeling of
compulsion, and you supply a motive for application, by converting a
toil into a pleasure. This makes nearly all the difference between the
hardest drudgery and the most delightful exercise—not the degree of
exertion, but the motive and the accompanying sensation. Learning
does not gain proselytes by the austerity or awfulness of its looks. By
representing things as so difficult, and as exacting such dreadful
sacrifices, and to be acquired under such severe penalties, we not
only deter the student from the attempt, but lay a dead-weight upon
the imagination, and destroy that cheerfulness and alacrity of spirit
which is the spring of thought and action. But to return.—An author
by profession reads a few works that he intends to criticise and cut
up ‘for a consideration,’—a bluestocking by profession reads all that
comes out to pass the time or satisfy her curiosity. The author has
something to say about Fielding, Richardson, or even the Scotch
novels: but he is soon distanced by the fair critic or overwhelmed
with the contents of whole Circulating Libraries poured out upon his
head without stint or intermission. He reads for an object and to live;
she for the sake of reading or to talk. Be this as it may, the idle reader
at present reads twenty times as many books as the learned one. The
former skims the surface of knowledge, and carries away the striking
points and a variety of amusing details, while the latter reserves
himself for great occasions, or perhaps does nothing under the
pretence of having so much to do.
‘From every work he challenges essoine,
For contemplation’s sake.’