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12th edition

Criminal
Investigation

CHARLES MIKE R. SWANSON


University of Georgia

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.

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1 2 3 4 5 6 7 8 9 LWI 21 20 19 18

ISBN 978-0-07-802657-7 (bound edition)


MHID 0-07-802657-1 (bound edition)
ISBN 978-1-259-86794-1 (loose-leaf edition)
MHID 1-259-86794-3 (loose-leaf edition)

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All credits appearing on page or at the end of the book are considered to be an extension of the copyright
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Library of Congress Cataloging-in-Publication Data

Swanson, Charles R., 1942- author.


Criminal investigation / Charles R. Swanson [and three others].
12th edition. | New York, NY : McGraw-Hill Education, [2019] |
Includes index.
LCCN 2017050892 | ISBN 9780078026577 (alk. paper)
LCSH: Criminal investigation. | Criminal investigation--United
States.
LCC HV8073 .S84 2019 | DDC 363.25--dc23 LC record available
at https://lccn.loc.gov/2017050892

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.

| ABOUT THE AUTHORS

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

Examples of Impermissible Releases 68 Collecting and Preserving Latent Prints 113


Examples of Permissible Releases 69 Marking and Identifying Print Lifts 114
Conceptualize Events 69 Forensic Odontology 114
Proceed with Caution 71 Identification of Missing and Unidentified Remains 115
Apply Inclusiveness 71 Bite Marks 115
Maintain Documentation 71 Cheiloscopy and Reconstructed Identification 117
Infectious Disease Risks and Precautions for Reconstructed Identification 117
Investigators 72 Hair 117
Hepatitis A, B, and C 76 Blood 118
The Crime Scene Search 79 The Appearance of Bloodstains 119
1. Boundary Determination 79 Using Bloodstains to Reconstruct the Crime 120
2. Choice of Search Patterns 79 Locating Blood Evidence 120
3. Instruction of Personnel 80 Laboratory Determinations 123
4. Coordination 81 Cosmetics Applicators and DNA 123
Suspended Searches, Debriefing, and Release of the Firearms 123
Scene 81 Laboratory Determinations 124
Collection and Care of Evidence 81 Collecting Firearm Evidence 127
Visual Documentation of the Crime Scene 82 Marking and Packaging
Digital Still Photography 82 Firearm Evidence 128
Digital Videography 83 Tool Marks 128
Crime Scene Sketching and Forensic Mapping 84 Questioned Documents 129
Types of Sketching and Methods of Forensic Mapping 84 Handwriting Samples and Examinations 130
Submission of Evidence to the Crime Laboratory 90 Laboratory Determinations 132
FBI Forensic Services: Case Acceptance Policy 90 Collecting and Packaging Evidence 132
Investigative Success 91 Key Terms 132
Key Terms 92 Review Questions 133
Review Questions 92 Internet Activities 133
Internet Activities 92
5
4 Interviewing and Interrogation 134
Physical Evidence 93 Introduction 135
Introduction 94 The Similarities and Differences Between Interviews and
Class versus Individual Characteristics 94 Interrogations 135
Comparison Samples 95 Objectives of Interviewing 136
Soil and Pollen 96 Objectives of Interrogation 137
Locating and Handling Soil Evidence 96 Qualifications of Interviewers and Interrogators 137
Impression Evidence: Footwear and Tires 97 Time, Place, and Setting of Interviews and
Categories of Impression Evidence 98 Interrogation 137
Preserving Three-Dimensional Impressions 98
The Interrogation Room 139
Casting in Snow with Dental Stone 100
Paint 101
(©A.Ramey/PhotoEdit)
Glass 103
Handling Glass Evidence 105
Fibers, Cloth Fragments, and Impressions 105
String, Cord, Rope, and Tape 107
Fingerprints 107
Basis For Identification 108
Plastic, Latent, and Patent Fingerprints 109
Conditions Affecting the Quality of Latent
Fingerprints 110
Locating Latent Prints 112
DNA Swabbing and Developing Latent Fingerprints On
Bodies 112
viii CONTENTS

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

Traffic Citations 194 Proximity 227


Examining Physical Evidence 194 Timeliness 229
Responding to the National Academies of Science (NAS)
ReInterviewing Victims and Witnesses 194
Report 229
Leads 194 Admissibility of Examination Results 229
Using Databases 195 Technologies 231
International 195 DNA Analysis 231
National 195 The Innocence Project 235
Regional Information Sharing Systems (RISS) 197 National Integrated Ballistic Information Network
State and Local Systems 198 Program 239
Nonprofit and Private Sources 198
Handling Evidence in the Laboratory 240
Informants 199 Human Factors 240
Surveillance 200 Instrumental Analysis 240
The Purposes of Surveillance 200 ATF Forensic Science Laboratories 240
Types and Levels of Surveillance 200
The FBI Crime Laboratory 242
Planning for Surveillance 200
Reference Files 244
Guidelines for Conducting Show-Ups, Photo Arrays/
Problems in Crime Laboratories 244
Lineups, and Live Lineups 201
Lack of Training 245
The Show-up 201
Lack of Accreditation 245
Choosing Between the Photo Array and a Live
DNA Contamination 246
Lineup 202
Sentencing Mistakes and Poor Training 246
Photo Array Lineups: Step by Step 203
Backlog of Cases 247
Live Lineups 204
Scandals and Mistakes within the FBI Crime Lab: The
Staged Crime Scenes 207 Madrid Bombing Case 247
Cold Case Investigation 208 Code of Ethics 249
Fusion Centers 209 Key Terms 250
Intelligence Analysis and Crime Analysis 210 Review Questions 250
The Intelligence/Analytical Cycle 211 Internet Activities 251
1. Planning and Direction 212
2. Collection 212
3. Processing/Collation 212
9
Injury and Death Investigations 252
4. Analysis and Production 212
Introduction 253
5. Dissemination 212
6. Reevaluation 212 The Law 254
Crime Analysis 212 The Medico-Legal Examination 254
Crime Scene Reconstruction 213 The Autopsy 254
Criminal Investigative Analysis 216 Dead body Evidence Checklist 254
Geographic Profiling 217
Postmortem Changes and Time of Death 255
Remote Sensing 218
Estimating Time of Death 255
Time-Event Charting and Link Analysis 218
Algor Mortis (Body Cooling) 255
The Internet 220
Ocular Changes 256
Key Terms 220
Review Questions 221 (©Steve Kohls/BrainerdDaily Dispatch/AP Images)
Internet Activities 221

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

Stomach Contents 256 Assisted-Living Facilities 297


Rigor Mortis 256 Nursing Homes 297
Livor Mortis 257 Early Recognition and Detection 298
Cadaveric Spasm 257 Interviewing Elder Victims of Sexual Abuse 298
Decomposition 257 Signs of Physical Trauma 298
Forensic Entomology 259 Why Women Do Not Report Rape to the Police 298
Evidence From Wounds 262 False Rape Allegations 301
Firearm Wounds 262 The Victim and Physical Evidence 301
Incised and Stab Wounds 267 Instructions to the Victim 301
Puncture Wounds 267 Semen and Hair as Evidence 302
Lacerations 268 Information for the Examining Physician/Sexual-Assault
Defense Wounds 269 Nurse Examiner 303
Strangulation Wounds 269 Collection of the Victim’s Clothing 303
Suicide 271 The Role of the Investigator in Securing the Rape
Methods and Evidence of Suicide 271 Scene 304
Gender Differences in Suicidal Behavior 278 Incidence of Errors in the Collection of Evidence 305
Fire Deaths 278 Collecting Samples for DNA Analysis from Suspects 305
Coordination and Cooperation 278 Sexual-Battery Examination 305
Degrees of Burning 278 Condom Trace Evidence 306
Identification of Remains 279 Exchangeable Traces 306
Scene Considerations 279 The Value of Condom Trace Evidence 307
Examination of the External Body 279 Guidelines for Evidence Collection 307
Signs of Trauma 279 Record of Injuries 308
Examination of the Internal Body 280 Electronic Evidence 308
Motives in Fire Deaths 281
Drug- and Alcohol-Facilitated Sexual Assault 309
Spree Killings 281 Drugs of Choice 309
Mass Murders 282 Males as Rape Victims 311
Serial Murder 283 Other Date-Rape Drugs 311
Defining Serial Murder 283 Evidence Collection and Processing 311
Myths and Misconceptions about Serial Killers 283 The Investigation 311
Causality and the Serial Murderer 285 Evidence 312
Serial Murder and the NCAVC 286 Sexual Motivations In Homicide Investigation 312
ViCAP Crime Report 286 Murders Involving Forced Anal Sex and/or Sodomy 312
Long Distance Drivers on Interstate Highways 287 Extreme Sexual Self-Mutilation 313
Key Terms 288 Lust, Murders, and Other Acts of Sexual Perversion 313

Review Questions 288 Autoerotic Deaths/Sexual Asphyxia 313


The Psychological Autopsy 316
Internet Activities 288
Key Terms 316

10 Review Questions 316


Internet Activities 317
Sex-Related Offenses 289
Introduction 290
The Law 290
11
Crimes against Children 318
Sex-Related Investigations 290
Introduction 319
Victim-Centered and Trauma-Informed Response 291
Assaults against Children 320
The Follow-Up Interview 293
Type and Sequence of Sexual Acts during an Assault 293 Burn Injuries and Child Abuse 320
Typologies of Burns 321
Transgender Victims of Sexual Assault 295
Medical Classification of Burn Severity 321
Deaf Victims of Sexual Assault 296 Causes of Burn Injuries 322
Reluctance to Reach Out 296
Unexplained Child Fatalities 324
Improving Police Response 296
Sudden Infant Death Syndrome 325
Elder Sexual Abuse 297 The Police Officer’s Role 326
Signs and Symptoms of Sexual Abuse 297 Criminal Homicide as a Possibility 326
CONTENTS xi

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

Demand-Reduction as a Primary Prevention: The John


Factor 376 14
Reverse Stings 376 Burglary 403
The Use of the Internet to Promote Commercial Sex 377 Introduction 404
Online Reverse Stings 377 Burglary Methods Change Over Time 407
The Use of Surveillance Cameras as a Deterrent to The Offenses of Burglary and Possession of Burglary
Soliciting Prostitution 377 Tools 407
The Multi-Agency Task Force 378 Burglary Laws 408
The Core Team Model 378 Possession of Burglary Tools 408

Key Terms 379 Burglary Motivations, Deterrents, and Perceived Risk of


Apprehension 410
Review Questions 380
Burglars: Planning, Information, and Gender
Internet Activities 380 Differences 411
Planning and Information 411
13 Gender Differences 412
Robbery 381 Burglar Offending Records 413
Introduction 382 Burglars and Burglaries 413
Elements of the Crime 382 The Traditional Typology: Professional and Amateur
Taking 382 Burglars 414
Carrying Away 383 The Fox Team: Four Burglary Profiles 416
Personal Property 383 Residential and Non-Residential Burglaries 419
Another 383 Residential Burglary 419
Intent to Deprive Permanently 383 Non-Residential Burglaries 422
Use of Force, Fear, or Threat of Force 383
Entries by Unknown Means and Lock Picking 424
Overview: The Offense, the Victim, and the Burglary Symbols 425
Offender 384
Safe Burglaries 425
Typology of Robberies 385
Visible Street Robberies 385 Car, RV, and Trailer Burglaries 427
Use of Surveillance Cameras to Prevent Street Approaching the Scene and Initial Actions 427
Robberies 385 Investigative Considerations at the Scene 428
Carjackings 385
Stolen Goods Markets 428
Home-Invasion Robberies 386
Smartphone Robberies 386 The Investigator’s Role in Burglary Prevention 431
Residential Crime Prevention 431
Robbery at Automated Teller Machines 387 Non-Residential Crime Prevention 432
Preventing and Reducing Robberies at Automated Teller
Machines 388 Key Terms 434
Targeting Offenders 389 Review Questions 434
Robberies in Craigslist Sales 389 Internet Activities 434
Taxicab Robberies 390
Convenience-Store Robberies 391
Pharmacy Robberies 392 15
Truck-Hijacking Robberies/Cargo Theft 392 Larceny/Theft and White-
Bank Robbery 393 Collar Crime 435
Bank Robbery Prevention 394 Introduction 436
Responding to the Scene 397 Elements of the Crime of Larceny 437
Action Stereotyping 398 Shoplifting 437
Physical Stereotyping 398 Organized Retail Crime 438
Situational Stereotyping 398 Deterrents to Organized Retail Crime 438
Follow-Up Robbery Investigative Procedures 399 Factors Contributing to Shoplifting 439
Initial Investigation 399 Goods Sold 439
Generating a Likeness of a Suspect 400 Demographics and Seasonal Variations for Shoplifting 439
Categories of Shoplifters 439
Key Terms 401
Methods Used by Shoplifters 440
Review Questions 402 Tips for Employees to Deter Shoplifting 440
Internet Activities 402 Shoplifting Risk Factors Related to Specific Locations 440
CONTENTS xiii

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

Frauds, Scams, and Cons 450 Prevention Programs 494


Vendor Fraud 450 Auto Theft 494
Charity and Disaster Frauds 451 Car Rentals 496
Insurance Fraud 451 Heavy Equipment 496
Health-Care and Medicare Fraud 452 Fraud 497
Workers Compensation Fraud 453 Odometer Fraud 498
Mortgage Fraud 453 Marine Theft 499
Home Improvement and Repair Frauds 453 Hull Identification 500
Internet Frauds and Scams 454 Title and Registration Issues 501
Other Frauds: Pigeon Drop and Bank Examiners Cons 456 NCIC Boat File 501
Victims of Fraud: Senior Citizens 457 Investigative Resources 501
Money Laundering 458 Preventive Measures 501
Placement 458 Aircraft and Avionics Theft 502
Layering 460 Resources 502
Integration 460 Theft Techniques 503
Security and Investment Frauds 460 Aircraft Identification 503
Ponzi/Pyramid Schemes 461 Theft Prevention Techniques 503
Pump and Dump Schemes 462 Key Terms 504
Affinity Fraud 462
Review Questions 504
One-Year Callable Certificates of Deposit 462
Promissory Notes 464 Internet Activities 505
Prime Bank Notes 464
(©Ken Tannenbaum/Shutterstock RF)
Viatical Settlements 464
Telephone Scams 465
1-900 and Foreign Exchange Numbers 465
Mexican Collect Call Scheme 465
Cramming 465
Telemarketing and Postal Frauds 465
Land Fraud 465
Franchise Cons 466
Unsolicited Merchandise 466
Fees Charged for Normally Free Services 466
Missing Relatives 467
Phony Inheritance Schemes 467
xiv CONTENTS

17 Tack Theft 545


Livestock Identification 546
Cybercrime 506
Physical Evidence 547
Introduction 507
Crime Prevention Methods 547
Cybercrime: An Overview 507
Farm Equipment Theft 547
The Evolution of Cybercrime:
Timber Thef t 547
From Teenage Hackers and
Agrichemical Theft 547
Script Kiddies To Sophisticated Criminal
Livestock and Tack Theft 548
Organizations, International Espionage, and
Other Crime Prevention Suggestions for Farmers 548
Cyber Terrorism 508
Agroterrorism 548
Cybercrime Tools and Services Related to
Threat Environment 549
Theft and Fraud 514
Economic Disruption of Agriculture at Three Levels 549
Offenders 514 Foot and Mouth Disease (FMD) – The Most Ominous
Computer Intrusions 517 Threat 549
Mobile Devices 522 Terrorist Threats in the Past 549
Investigation of Cybercrimes 524 Law Enforcement Preparedness 550
Federal Efforts 524 Biosecurity Measures and Prevention 550
State and Local Efforts 525 Wildlife Crimes 551
Legal Considerations 525 Major Threats to Wildlife 551
Consent Searches 525 Investigations 553
The Crime Scene 528 The Role of Outfitters, Guides, and Landowners In
Computer and Peripheral Evidence 528 Trophy Poaching 555
Crime Scene Processing 528 The Role of Taxidermists In Trophy Poaching 555
Key Terms 531 U.S. Fish and Wildlife Service Forensic Laboratory: A
Review Questions 532 Tool to Fight Poaching 555
Environmental Crimes 556
18 The Legal and Enforcement Framework 556
Agricultural, Wildlife, and Provisions of State RCRA Laws 557
Environmental Crimes 533 Investigative Methods 557
Introduction 534 Key Terms 559
The Economic Impact of Agricultural, Wildlife, and Review Questions 559
Environmental Crimes 534 Internet Activities 560
Timber Theft 536
Wildfire Investigations 536
Fire Cause Categories 537
19
Arson and Explosives
Arson/Incendiary 537 Investigations 561
Children 538
Introduction 562
Cause Indicators and Other Investigative Factors to
Consider 538 Preliminary Investigation 563
Lightning 538 Where and How Did the Fire Start? 563
Campfires 538 Two Factors Needed to Cause A Fire 563
Smoking 539 Accidental Fires 564
Debris Burning 539 Spontaneous Heating and Ignition 564
Equipment Use 540 Burn Indicators 565
Railroad 540 Alligatoring 565
Power Lines 540 Depth of Char 565
Fireworks 540 Breaking of Glass 566
Cutting, Welding, and Grinding 540 Collapsed Furniture Springs 566
Firearms 540 Distorted Light Bulbs 567
Blasting 541 Temperature Determination 567
Theft of Agrichemicals 541 Fire Setting and Related Mechanisms 568
Livestock and Tack Theft 541 Ignition Devices 568
Cattle Rustling 543 Telltale Signs of Accelerants 568
Horse Rustling 544 Plants 570
CONTENTS xv

Trailers 571 Opium 594


Missing Items 571 Morphine 594
Arson for Profit 571 Heroin (Diacetylmorphine) 596
Financial Stress as The Primary Cause 571 “Cheese” Heroin 597
Arson Generated by Third Parties 573 “El Diablito” Heroin 597
Codeine 597
Other Motives for Arson 575
Oxycontin 598
Revenge-Motivated Arson 575
Other Opium Derivatives 599
Detection and Recovery of Fire-Accelerant Opiate Overdoses 599
Residues 576
Synthetic Narcotics 599
Alternative Fuels in Fire Debris Analysis 576
Meperidine (Demerol) 600
Scientific Methods in Arson Investigation 576 Methadone 600
Detection of Fire Accelerants 577
Stimulants 600
Interviews 578 Cocaine 600
Possible Witnesses 578 Amphetamines 602
Firefighters at the Scene 578 Phenmetrazine (Preludin), Methylphenidate (Ritalin),
Insurance Personnel 578 and Pemoline (Cylert) 602
Other Witnesses Concerning Finances of The Insured 579 Crystallized Methamphetamine 602
News Media Personnel 580 Methcathinone 604
The Medical Examiner 580 Khat 605
Interviewing a Suspect 580
Depressants (Sedatives) 605
Interviewing the Target and the Owner 580
Glutethimide (Doriden) 606
Interviewing a Potential Informant Who Is Not a
Methaqualone 606
Suspect 581
Speedballing 606
The Arson Suspect 581
Hallucinogens 606
Photographing the Arson Scene 581
Phencyclidine (PCP) 606
Still Photography 581
Methylenedioxy Methamphetamine 607
Video Recording 582
Lysergic Acid Diethylamide (LSD 25) 608
Explosives Investigation 582 Mescaline (Peyote) 608
Know Your Explosives 582 Psilocybin and Psilocyn 608
Computerized Tomography (CT) 582 Foxy and 5-MeO-AMT 608
Sniffers 583 Ketamine 608
Types of Explosions 583
Cannabis 610
Improvised Explosive Devices (IEDs) 584 Marijuana 610
Basic Components of the IED 584 Hashish 612
The United States as a Target of IEDs 584 Hashish Oil 612
Investigating the Explosion Scene 586 Synthetic Marijuana 613
Locating and Identifying Articles of Evidence 587 Drug Paraphernalia 613
Suspicious Packages and Letters 587 Inhalants 614
Use of Robotic Devices in Moving and Destroying
Major Countries of Origin and Trafficking Patterns 614
Dangerous Objects 587
Mexico 614
Terrorist Bomb Threat Stand-off 587
Connecting the Bombing Dots 590
(©Charles Reed/U.S. Immigration and Customs Enforcement/Getty Images)
Sharing Intelligence Globally 590
Key Terms 590
Review Questions 590
Internet Activities 591

20
Recognition, Control, and Investigation
of Drug Abuse 592
Introduction 593
Drugs and Scheduling 594
Opiates 594
xvi CONTENTS

Colombia 616 Arms Smuggling 661


The Golden Crescent 617 Credit Card Fraud and Theft 662
The Golden Triangle 617 Charities Fraud and Linkages 663
Europe 617 National Counterterrorism Intelligence Structures 664
Drug Investigations 617 Other Criminal Activities Linked to Terrorist Groups 665
Gathering Information 617 Investigation of Terrorist Activities 666
Confidential Informants 618 Terrorist Crime Scenes 669
Informants: Motivations and Types 618 Limited Biological Attacks: Anthrax 669
Department Policy 619 Chemical At tacks: Mass Casualties 672
Other Sources for Information 620 Terrorism and the Future 673
Surveillance 621
Key Terms 674
Undercover Operations 622
High-Intensity Drug Trafficking Area (HIDTA) Programs 624 Review Questions 675
Searches, Seizures, and Warrants 625 Internet Activities 675
Probable Cause 625
Search Warrants 625 22
Past Reliability of The Confidential Informant 625 The Trial Process and the Investigator
Information Supplied by The Informant 625 as a Witness 676
Corroboration of The Information Supplied 626 Introduction 677
The Exclusionary Rule 626
Evaluating a Case 677
Warrantless Searches 626
The Investigator 677
Search Procedures 627
The Prosecutor 678
Evidence Handling 628
Pharmaceutical Diversions 629 The Trial Process 679
Jury Selection 679
Clandestine Drug Laboratories 630
The Tria 680
Identifying Laboratory Operations 630
Meth Labs 631 The Rules of Evidence 681
Catching Cooks: Meth Monitors 631 Evidence Defined 681
Lab Seizure and Forfeiture 632 The First Rule of Evidence 681
Conducting a Laboratory Raid 632 Proof 681
Testimony 681
Conspiracy Investigations 633
Relevance 682
Gangs and Drugs 634 Weight of Evidence 683
Paradigm Shift 634 Presumptions 683
Key Terms 634 Inferences 683
Burden of Proof 683
Review Questions 635
Burden of Going Forward 684
Internet Activities 635 Preponderance of Evidence 685
Order of Proof 685
21 Judicial Notice 685
Terrorism 636 Types of Evidence 685
Introduction 637 The Hearsay Rule 687
International Terrorism 638 Exceptions to the Hearsay Rule 688
Radical Islam 638 Evidentiary Privileges 690
Radical Islamic Groups 641 Witnesses 690
Homegrown Terrorism 651 The Investigator as a Witness 691
Who Is the “Homegrown Terrorist”? 651 Key Terms 695
Attacks from Inside the United States 651 Review Questions 696
The Threat 653
Internet Activities 696
Domestic Terrorism 653
Right-Wing Terrorists 653 Glossary 697
Left-Wing Terrorists 657 Notes 716
Financing Terrorist Organizations 659 Index 750
New Laws and Legal Tools 659
Drug Smuggling 659
| PREFACE

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
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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
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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

North Carolina Wisconsin Crime Laboratory


North Carolina Bureau of Investigation Wisconsin State Police
SIRCHIE Fingerprint Laboratories, Inc.
Wyoming
Ohio Lincoln County, Wyoming, Sheriff’s Office
Geauga County, Ohio, Sheriff’s Department Wyoming State Crime Laboratory
Wyoming Game and Fish Department
Pennsylvania
Wyoming State Archives and Historical Department
Pennsylvania State Police
Philadelphia Police Department National & Federal Agencies
South Carolina Bureau of Justice Statistics, U.S. Department of Justice
Georgetown, South Carolina, Police Department Centers for Disease Control
Chester A. Higgins, Jr., and the U.S. Department of
Tennessee Justice, Office of Justice Programs
Nashville Police Department Drug Enforcement Administration
Tennessee Bureau of Investigation Environmental Protection Agency
Texas Federal Bureau of Investigation
Austin, Texas, Police Department Federal Emergency Management Agency
Dallas Police Department Immigration and Naturalization Service, Forensic
Forensic Training and Consulting, LLC Document Laboratory
Texas Department of Public Safety (Garland National Automobile Theft Bureau
Crime Lab) National Center for Missing and Exploited Children
Texas Parks & Wildlife National Drug Intelligence Center
National Institute of Justice
Utah National Insurance Crime Bureau
Utah Department of Public Safety, Bureau of National Park Service
Forensic Sciences Office of Justice Programs, National Institute of Justice
Virginia Pinkerton’s Archives
Alexandria, Virginia, Police Department U.S. Customs Service
Fairfax County, Virginia, Police Department U.S. Department of Justice
U.S. Department of the Treasury, Bureau of Alcohol,
Washington Tobacco, and Firearms
Clark County Sheriff’s Office, Vancouver, Washington U.S. Forest Service
Washington, D.C. U.S. Public Health Service
Police Executive Research Forum U.S. Secret Service
Virginia Department of Forensic Services
International Agencies
Wisconsin London Metropolitan Police
Madison Police Department Royal Canadian Mounted Police
Milwaukee County Department of Social Service Turkish National Police

Design Element: (crime scene tape): ©UpperCut Images/Getty Images RF


This page intentionally left blank
◀ Sir Robert Peel (1788–1850),
whose efforts led to the
establishment of the London
Metropolitan Police in 1829.
English police officers are still
referred to as “Bobbies,”
a play on Peel’s first name.
(©GL Archive/Alamy)

1
The Evolution
of Criminal
Investigation and
Forensic Science
CHAPTER OBJECTIVES

1. Define “investigator.” 7. Identify the first major federal investigative agencies


2. Define the most fundamental purpose of investigation. and their responsibilities.
3. State four additional objectives of the investigative 8. Explain the Supreme Court’s “due process revolution”
process. and its impact on policing.
4. Explain the importance of the Bow Street Runners. 9. Discuss Bertillon’s method of anthropometry.
5. Discuss the contribution of Sir Robert Peel’s reform to 10. Summarize the historical development of fingerprint
early policing in the United States. identification.
6. Explain the history and contributions of the Pinkerton 11. Explain touch DNA.
National Detective Agency. 12. Describe DNA phenotyping.
| INTRODUCTION

An investigator is someone who systematically


gathers, documents, and evaluates evidence and
information. This is accomplished through the process
of investigation. The most fundamental purpose of
criminal investigation and forensic science is to discover the truth. By making this purpose
the cornerstone of their behavior, investigators can remain faithful to their oath of office
and the accompanying ethical standards. Four additional objectives of the investigative
process are to (1) establish that a crime was actually committed; (2) identify and
apprehend the suspect(s); (3) recover stolen property; and (4) assist in the prosecution of
the person(s) charged with the crime.

JURISDICTION CRIMINAL INVESTIGATION


AND FORENSIC SCIENCE
The authority of law enforcement officers is limited by such fac-
tors as the Constitution, court decisions, federal and state laws, For present purposes, the roots of criminal investigation can be
departmental policies, and jurisdiction, which can be thought traced back to England in the eighteenth century, a period marked
of as both a geographic area and the laws for which an agency by significant social, political, and economic changes. These
has enforcement responsibility. changes were important to the development of the first modern
The general rule is that the geographic jurisdiction of police detective force, the Bow Street Runners. In addition, London
officers is limited to the area governed by their employer. Offi- was the home of the first police reformer, Robert Peel. Both of
cers employed by states, counties, cities, and consolidated police these factors contributed to the subsequent development of
agencies, follow this general pattern. Depending on the state, police organizations and criminal investigation in the United
sheriffs’ deputies and county police departments usually patrol States.
the unincorporated portions of a county, although by contract Forensic science draws from diverse disciplines, such as
they may also provide law enforcement services to municipali- geology, physics, chemistry, biology, and mathematics, to study
ties. There is some variation across states whether Sheriff’s physical evidence related to crime. If it is suspected that a per-
deputies have jurisdiction outside of their home counties. son has died from poisoning, for example, a toxicologist, who
Investigations beyond the geographic boundary of an offi- specializes in identifying poisons and their physiological effects
cer’s employer, sometimes called the primary jurisdiction, are on humans and animals, can assist in the investigation. Experts
ordinarily conducted with the assistance of the appropriate in other areas, such as botany, forensic pathology, entomology,
law enforcement agency. However, some states have statutorily and archaeology, may also provide helpful information to crim-
extended the primary jurisdiction of officers to a wider area inal investigators.
with the authority to (1) continue investigating serious crimes Over hundreds of years many people have made contribu-
originating in their primary jurisdiction, (2) make warrantless tions to the fields of criminal investigation and forensic science.
arrests, and (3) provide assistance to another law enforcement To recognize all of them is beyond the scope of this chapter and
officer. requires setting some limits. This chapter presents a brief history
The Federal Bureau of Investigation (FBI) provides a good of criminal investigation and forensic science. Many volumes
illustration of enforcement responsibility. It has primary enforce- have been written about these entwined topics, but the space
ment responsibility for all federal criminal laws, except cases for that can be devoted to them here is limited. However, sufficient
which responsibility is by statute or otherwise assigned specifi- broad perspectives and supporting details are provided in this
cally to another agency. As a practical matter the enforcement chapter to enable readers intrigued by these subjects to indepen-
responsibility of the FBI is limited to roughly 200 laws. dently pursue their interests.
2
Another random document with
no related content on Scribd:
odds even) we argue (not very wisely) that a rich man must be
without ideas. This does not follow. ‘The wish is father to that
thought;’ and the thought is a spurious one. We might as well
pretend, that because a man has the advantage of us in height, he is
not strong or in good health; or because a woman is handsome, she is
not at the same time young, accomplished and well-bred. Our
fastidious self-love or our rustic prejudices may revolt at the
accumulation of advantages in others; but we must learn to submit to
the mortifying truth, which every day’s experience points out, with
what grace we may. There were those who grudged to Lord Byron the
name of a poet because he was of noble birth; as he himself could not
endure the praises bestowed upon Wordsworth, whom he considered
as a clown. He carried this weakness so far, that he even seemed to
regard it as a piece of presumption in Shakspeare to be preferred
before him as a dramatic author, and contended that Milton’s writing
an epic poem and the ‘Answer to Salmasius’ was entirely owing to
vanity—so little did he relish the superiority of the old blind
schoolmaster. So it is that one party would arrogate every advantage
to themselves, while those on the other side would detract from all in
their rivals that they do not themselves possess. Some will not have
the statue painted: others can see no beauty in the clay-model!
The man of rank and fortune, besides his chance for the common
or (now and then) an uncommon share of wit and understanding,
has it in his power to avail himself of every thing that is to be taught
of art and science; he has tutors and valets at his beck; he may
master the dead languages, he must acquire the modern ones; he
moves in the highest circles, and may descend to the lowest; the
paths of pleasure, of ambition, of knowledge, are open to him; he
may devote himself to a particular study, or skim the cream of all; he
may read books or men or things, as he finds most convenient or
agreeable; he is not forced to confine his attention to some one dry
uninteresting pursuit; he has a single hobby, or half a dozen; he is
not distracted by care, by poverty and want of leisure; he has every
opportunity and facility afforded him for acquiring various
accomplishments of body or mind, and every encouragement, from
confidence and success, for making an imposing display of them; he
may laugh with the gay, jest with the witty, argue with the wise; he
has been in courts, in colleges, and camps, is familiar with
playhouses and taverns, with the riding-house and the dissecting-
room, has been present at or taken part in the debates of both
Houses of Parliament, was in the O. P. row, and is deep in the Fancy,
understands the broadsword exercise, is a connoisseur in
regimentals, plays the whole game at whist, is a tolerable proficient
at backgammon, drives four in hand, skates, rows, swims, shoots;
knows the different sorts of game and modes of agriculture in the
different counties of England, the manufactures and commerce of
the different towns, the politics of Europe, the campaigns in Spain,
has the Gazette, the newspapers, and reviews at his fingers’ ends, has
visited the finest scenes of Nature and beheld the choicest works of
Art, and is in society where he is continually hearing or talking of all
these things; and yet we are surprised to find that a person so
circumstanced and qualified has any ideas to communicate or words
to express himself, and is not, as by patent and prescription he was
bound to be, a mere well-dressed fop of fashion or a booby lord! It
would be less remarkable if a poor author, who has none of this giddy
range and scope of information, who pores over the page till it fades
from his sight, and refines upon his style till the words stick in his
throat, should be dull as a beetle and mute as a fish, instead of
spontaneously pouring out a volume of wit and wisdom on every
subject that can be started.
An author lives out of the world, or mixes chiefly with those of his
own class; which renders him pedantic and pragmatical, or gives him
a reserved, hesitating, and interdicted manner. A lord or gentleman-
commoner goes into the world, and this imparts that fluency, spirit,
and freshness to his conversation, which arises from the circulation
of ideas and from the greater animation and excitement of
unrestrained intercourse. An author’s tongue is tied for want of
somebody to speak to: his ideas rust and become obscured, from not
being brought out in company and exposed to the gaze of instant
admiration. A lord has always some one at hand on whom he can
‘bestow his tediousness,’ and grows voluble, copious, inexhaustible in
consequence: his wit is polished, and the flowers of his oratory
expanded by his smiling commerce with the world, like the figures in
tapestry, that after being thrust into a corner and folded up in
closets, are displayed on festival and gala-days. Again, the man of
fashion and fortune reduces many of those arts and mysteries to
practice, of which the scholar gains all his knowledge from books and
vague description. Will not the rules of architecture find a readier
reception and sink deeper into the mind of the proprietor of a noble
mansion, or of him who means to build one, than of the half-starved
occupier of a garret? Will not the political economist’s insight into
Mr. Ricardo’s doctrine of Rent, or Mr. Malthus’s theory of
Population, be vastly quickened by the circumstance of his
possessing a large landed estate and having to pay enormous poor-
rates? And in general is it not self-evident that a man’s knowledge of
the true interests of the country will be enlarged just in proportion to
the stake he has in it? A person may have read accounts of different
cities and the customs of different nations: but will this give him the
same accurate idea of the situation of celebrated places, of the aspect
and manners of the inhabitants, or the same lively impulse and
ardour and fund of striking particulars in expatiating upon them, as
if he had run over half the countries of Europe, for no other purpose
than to satisfy his own curiosity, and excite that of others on his
return? I many years ago looked into the Duke of Newcastle’s
‘Treatise on Horsemanship’; all I remember of it is some quaint cuts
of the Duke and his riding-master introduced to illustrate the
lessons. Had I myself possessed a stud of Arabian coursers, with
grooms and a master of the horse to assist me in reducing these
precepts to practice, they would have made a stronger impression on
my mind; and what interested myself from vanity or habit, I could
have made interesting to others. I am sure I could have learnt to ride
the Great Horse, and do twenty other things, in the time I have
employed in endeavouring to make something out of nothing, or in
conning the same problem fifty times over, as monks count over
their beads! I have occasionally in my life bought a few prints, and
hung them up in my room with great satisfaction; but is it to be
supposed possible, from this casual circumstance, that I should
compete in taste or in the knowledge of virtù with a peer of the
realm, who has in his possession the costly designs, or a wealthy
commoner, who has spent half his fortune in learning to distinguish
copies from originals? ‘A question not to be asked!’ Nor is it likely
that the having dipped into the Memoirs of Count Grammont, or of
Lady Vane in Peregrine Pickle, should enable any one to sustain a
conversation on subjects of love and gallantry with the same ease,
grace, brilliancy, and spirit as the having been engaged in a hundred
adventures of one’s own, or heard the scandal and tittle-tattle of
fashionable life for the last thirty years canvassed a hundred times.
Books may be manufactured from other books by some dull,
mechanical process: it is conversation and the access to the best
society that alone fit us for society; or ‘the act and practic part of life
must be the mistress to our theorique,’ before we can hope to shine
in mixed company, or bend our previous knowledge to ordinary and
familiar uses out of that plaster-cast mould which is as brittle as it is
formal!
There is another thing which tends to produce the same effect, viz.
that lords and gentlemen seldom trouble themselves about the
knotty and uninviting parts of a subject: they leave it to ‘the dregs of
earth’ to drain the cup or find the bottom. They are attracted by the
frothy and sparkling. If a question puzzles them, or is not likely to
amuse others, they leave it to its fate, or to those whose business it is
to contend with difficulty, and to pursue truth for its own sake. They
string together as many available, off-hand topics as they can
procure for love or money; and aided by a good person or address,
sport them with very considerable effect at the next rout or party
they go to. They do not bore you with pedantry, or tease you with
sophistry. Their conversation is not made up of moot-points or
choke-pears. They do not willingly forego ‘the feast of reason or the
flow of soul’ to grub up some solitary truth or dig for hid treasure.
They are amateurs, not professors; the patrons, not the drudges of
knowledge. An author loses half his life, and stultifies his faculties, in
hopes to find out something which perhaps neither he nor any one
else can ever find out. For this he neglects half a hundred
acquirements, half a hundred accomplishments. Aut Cæsar aut nihil.
He is proud of the discovery or of the fond pursuit of one truth—a
lord is vain of a thousand ostentatious common-places. If the latter
ever devotes himself to some crabbed study, or sets about finding out
the longitude, he is then to be looked upon as a humorist if he fails—
a genius if he succeeds—and no longer belongs to the class I have
been speaking of.
Perhaps a multiplicity of attainments and pursuits is not very
favourable to their selectness; as a local and personal acquaintance
with objects of imagination takes away from, instead of adding to,
their romantic interest. Familiarity is said to breed contempt; or at
any rate, the being brought into contact with places, persons, or
things that we have hitherto only heard or read of, removes a certain
aerial delicious veil of refinement from them, and strikes at that ideal
abstraction, which is the charm and boast of a life conversant chiefly
among books. The huddling a number of tastes and studies together
tends to degrade and vulgarise each, and to give a crude,
unconcocted, dissipated turn to the mind. Instead of stuffing it full of
gross, palpable, immediate objects of excitement, a wiser plan would
be to leave something in reserve, something hovering in airy space to
draw our attention out of ourselves, to excite hope, curiosity, wonder,
and never to satisfy it. The great art is not to throw a glare of light
upon all objects, or to lay the whole extended landscape bare at one
view; but so to manage as to see the more amiable side of things, and
through the narrow vistas and loop-holes of retreat,
‘Catch glimpses that may make us less forlorn.’

I hate to annihilate air and distance by the perpetual use of an


opera-glass, to run every thing into foreground, and to interpose no
medium between the thought and the object. The breath of words
stirs and plays idly with the gossamer web of fancy: the touch of
things destroys it. I have seen a good deal of authors: and I believe
that they (as well as I) would quite as lieve that I had not. Places I
have seen too, that did not answer my expectation. Pictures (that is,
some few of them) are the only things that are the better for our
having studied them ‘face to face, not in a glass darkly,’ and that in
themselves surpass any description we can give, or any notion we can
form of them. But I do not think seriously, after all, that those who
possess are the best judges of them. They become furniture, property
in their hands. The purchasers look to the price they will fetch, or
turn to that which they have cost. They consider not beauty or
expression, but the workmanship, the date, the pedigree, the school
—something that will figure in the description in a catalogue or in a
puff in a newspaper. They are blinded by silly admiration of whatever
belongs to themselves, and warped so as to eye ‘with jealous leer
malign’ all that is not theirs. Taste is melted down in the crucible of
avarice and vanity, and leaves a wretched caput mortuum of
pedantry and conceit. As to books, they ‘best can feel them who have
read them most,’ and who rely on them for their only support and
their only chance of distinction. They most keenly relish the graces of
style who have in vain tried to make them their own: they alone
understand the value of a thought who have gone through the trouble
of thinking. The privation of other advantages is not a clear loss, if it
is counterbalanced by a proportionable concentration and unity of
interest in what is left. The love of letters is the forlorn hope of the
man of letters. His ruling passion is the love of fame. A member of
the Roxburgh Club has a certain work (let it be the Decameron of
Boccaccio) splendidly bound, and in the old quarto edition, we will
say. In this not only his literary taste is gratified, but the pride of
property, the love of external elegance and decoration. The poor
student has only a paltry and somewhat worn copy of the same work
(or perhaps only a translation) which he picked up at a stall, standing
out of a shower of rain. What then! has not the Noble Virtuoso
doubly the advantage, and a much higher pleasure in the perusal of
the work? No; for these are vulgar and mechanical helps to the true
enjoyment of letters. From all this mock-display and idle parade of
binding and arms and dates, his unthought-of rival is precluded, and
sees only the talismanic words, feels only the spirit of the author, and
in that author reads ‘with sparkling eyes’
‘His title to a mansion in the skies.’

Oh! divine air of learning, fanned by the undying breath of genius,


still let me taste thee, free from all adventitious admixtures,
‘Pure in the last recesses of the soul!’

We are far at present from the style of Swift’s ‘Polite Conversation.’


The fashionable tone has quite changed in this respect, and almost
gone into the opposite extreme. At that period, the polite world
seems to have been nearly at a stand, in a state of intellectual
abeyance; or in the interval between the disuse of chivalrous
exercises and the introduction of modern philosophy, not to have
known how to pass its time and to have sunk into the most common-
place formality and unmeaning apathy. But lo! at a signal given, or
rather prompted by that most powerful of all calls, the want of
something to do, all rush into the lists, having armed themselves
anew with the shining panoply of science and of letters, with an
eagerness, a perseverance, a dexterity, and a success that are truly
astonishing. The higher classes have of late taken the lead almost as
much in arts as they formerly did in arms, when the last was the only
prescribed mode of distinguishing themselves from the rabble whom
they treated as serfs and churls. The prevailing cue at present is to
regard mere authors (who are not also of gentle blood) as dull,
illiterate, poor creatures, a sort of pretenders to taste and elegance,
and adventurers in intellect. The true adepts in black-letter are
knights of the shire: the sworn patentees of Parnassus are Peers of
the Realm. Not to pass for a literary quack, you must procure a
diploma from the College of Heralds. A dandy conceals a
bibliomanist: our belles are bluestockings. The Press is so entirely
monopolised by beauty, birth, or importance in the State, that an
author by profession resigns the field to the crowd of well-dressed
competitors, out of modesty or pride, is fain to keep out of sight—
‘Or write by stealth and blush to find it fame!’

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.’

The literati of Europe threaten at present to become the Monks of


letters, and from having taken up learning as a profession, to live on
the reputation of it. As gentlemen have turned authors, authors seem
inclined to turn gentlemen; and enjoying the otium cum dignitate, to
be much too refined and abstracted to condescend to the subordinate
or mechanical parts of knowledge. They are too wise in general to be
acquainted with anything in particular; and remain in a proud and
listless ignorance of all that is within the reach of the vulgar. They are
not, as of old, walking libraries or Encyclopædias, but rather certain
faculties of the mind personified. They scorn the material and
instrumental branches of inquiry, the husk and bran, and affect only
the fine flour of literature—they are only to be called in to give the
last polish to style, the last refinement to thought. They leave it to
their drudges, the Reading Public, to accumulate the facts, to arrange
the evidence, to make out the data, and like great painters whose
pupils have got in the ground-work and the established proportions
of a picture, come forward to go over the last thin glazing of the
colours, or throw in the finer touches of expression. On my excusing
myself to N—— for some blunder in history, by saying, ‘I really had
not time to read,’—he said, ‘No, but you have time to write!’ And once
a celebrated critic taking me to task as to the subject of my pursuits,
and receiving regularly the same answer to his queries, that I knew
nothing of chemistry, nothing of astronomy, of botany, of law, of
politics, &c. at last exclaimed somewhat impatiently—‘What the devil
is it, then, you do know?’ I laughed, and was not very much
disconcerted at the reproof, as it was just.
Modern men of letters may be divided into three classes; the mere
scholar or book-worm, all whose knowledge is taken from books,
and who may be passed by as an obsolete character, little inquired
after—the literary hack or coffee-house politician, who gets his
information mostly from hearsay, and who makes some noise
indeed, but the echo of it does not reach beyond his own club or
circle—and the man of real or of pretended genius, who aims to draw
upon his own resources of thought or feeling, and to throw a new
light upon nature and books. This last personage (if he acts up to his
supposed character) has too much to do to lend himself to a variety
of pursuits, or to lay himself out to please in all companies. He has a
task in hand, a vow to perform; and he cannot be diverted from it by
incidental or collateral objects. All the time that he does not devote
to this paramount duty, he should have to himself, to repose, to lie
fallow, to gather strength and recruit himself. A boxer is led into the
lists that he may not waste a particle of vigour needlessly; and a
leader in Parliament, on the day that he is expected to get up a grand
attack or defence, is not to be pestered with the ordinary news of the
day. So an author (who is, or would be thought original) has no time
for spare accomplishments or ornamental studies. All that he
intermeddles with must be marshalled to bear upon his purpose. He
must be acquainted with books and the thoughts of others, but only
so far as to assist him on his way, and ‘to take progression from
them.’ He starts from the point where they left off. All that does not
aid him in his new career goes for nothing, is thrown out of the
account; or is a useless and splendid incumbrance. Most of his time
he passes in brooding over some wayward hint or suggestion of a
thought, nor is he bound to give any explanation of what he does
with the rest. He tries to melt down truth into essences—to express
some fine train of feeling, to solve some difficult problem, to start
what is new, or to perfect what is old; in a word, not to do what
others can do (which in the division of mental labour he holds to be
unnecessary), but to do what they all with their joint efforts cannot
do. For this he is in no hurry, and must have the disposal of his
leisure and the choice of his subject. The public can wait. He deems
with a living poet, who is an example of his own doctrine—
——‘That there are powers
Which of themselves our minds impress;
That we can feed this mind of ours
In a wise passiveness.’

Or I have sometimes thought that the dalliance of the mind with


Fancy or with Truth might be described almost in the words of
Andrew Marvell’s address ‘To his Coy Mistress:‘—
‘Had we but world enough and time,
This toying, Lady, were no crime;
We would sit down, and think which way
To walk and pass our love’s long day.
Thou by the Indian Ganges’ side
Shouldst rubies find; I by the tide
Of Humber would complain. I would
Love you ten years before the flood;
And you should, if you please, refuse
Till the conversion of the Jews.
My contemplative love should grow
Vaster than empires, and more slow.
An hundred years should go to praise
Thine eyes, and on thy forehead gaze;
Two hundred to adore each breast,
But thirty thousand to the rest;
An age at least to every part,
And the last age should show your heart:
For, lady, you deserve this state;
Nor would I love at lower rate!’

The aspiring poet or prose-writer undertakes to do a certain thing;


and if he succeeds, it is enough. While he is intent upon that or
asleep, others may amuse themselves how they can with any topic
that happens to be afloat and all the eloquence they are masters of,
so that they do not disturb the champion of truth, or the proclaimer
of beauty to the world. The Conversation of Lords, on the contrary, is
to this like a newspaper to a book—the latter treats well or ill of one
subject, and leads to a conclusion on one point; the other is made up
of all sorts of things jumbled together, debates in parliament, law-
reports, plays, operas, concerts, routs, levees, fashions, auctions, the
last fight, foreign news, deaths, marriages, and crim-cons,
bankruptcies, and quack medicines; and a large allowance is
frequently to be made, besides the natural confusion of the subjects,
for cross-readings in the speaker’s mind![11] Or, to take another
illustration, fashionable conversation has something theatrical or
melo-dramatic in it; it is got up for immediate effect, it is calculated
to make a great display, there is a profusion of paint, scenery, and
dresses, the music is loud, there are banquets and processions, you
have the dancers from the Opera, the horses from Astley’s, and the
elephant from Exeter ‘Change, the stage is all life, bustle, noise and
glare, the audience brilliant and delighted, and the whole goes off in
a blaze of phosphorus; but the dialogue is poor, the story
improbable, the critics shake their heads in the pit, and the next day
the piece is damned!
In short, a man of rank and fortune takes the adventitious and
ornamental part of letters, the obvious, popular, fashionable, that
serves to amuse at the time, or minister to the cravings of vanity,
without laying a very heavy tax on his own understanding, or the
patience of his hearers. He furnishes his mind as he does his house,
with what is showy, striking, and of the newest pattern: he mounts
his hobby as he does his horse, which is brought to his door for an
airing, and which (should it prove restive or sluggish) he turns away
for another; or like a child at a fair, gets into a round-about of
knowledge, till his head becomes giddy, runs from sight to sight,
from booth to booth, and like the child, goes home loaded with
trinkets, gewgaws, and rattles. He does not pore and pine over an
idea (like some poor hypochondriac) till it becomes impracticable,
unsociable, incommunicable, absorbed in mysticism, and lost in
minuteness: he is not upon oath never to utter anything but oracles,
but rattles away in a fine careless hair-brained dashing manner, hit
or miss, and succeeds the better for it. Nor does he prose over the
same stale round of politics and the state of the nation (with the
coffee-house politician), but launches out with freedom and gaiety
into whatever has attraction and interest in it, ‘runs the great circle,
and is still at home.’ He is inquisitive, garrulous, credulous,
sanguine, florid,—neither pedantic nor vulgar. Neither is he
intolerant, exclusive, bigoted to one set of opinions or one class of
individuals. He clothes an abstract theory with illustrations from his
own experience and observation, hates what is dry and dull, and
throws in an air of high health, buoyant spirits, fortune and splendid
connections to give animation and vividness to what perhaps might
otherwise want it. He selects what is palpable without being gross or
trivial, lends it colour from the flush of success, and elevation from
the distinctions of rank. He runs on and never stops for an answer,
rather dictating to others than endeavouring to ascertain their
opinions, solving his own questions, improving upon their hints, and
bearing down or precluding opposition by a good-natured loquacity
or stately dogmatism. All this is perhaps more edifying as a subject of
speculation than delightful in itself. Shakspeare somewhere says—‘A
man’s mind is parcel of his fortunes,’—and I think the inference will
be borne out in the present case. I should guess that in the prevailing
tone of fashionable society or aristocratic literature would be found
all that variety, splendour, facility, and startling effect which
corresponds with external wealth, magnificence of appearance, and a
command of opportunity; while there would be wanting whatever
depends chiefly on intensity of pursuit, on depth of feeling, and on
simplicity and independence of mind joined with straitened fortune.
Prosperity is a great teacher; adversity is a greater. Possession
pampers the mind; privation trains and strengthens it. Accordingly,
we find but one really great name (Lord Bacon) in this rank of
English society, where superiority is taken for granted, and reflected
from outward circumstances. The rest are in the second class. Lord
Bolingbroke, whom Pope idolized (and it pains me that all his idols
are not mine) was a boastful empty mouther! I never knew till the
other day, that Lord Bolingbroke was the model on which Mr. Pitt
formed himself. He was his Magnus Apollo; and no wonder. The late
Minister used to lament it as the great desideratum of English
literature, that there was no record anywhere existing of his speeches
as they were spoken, and declared that he would give any price for
one of them reported as speeches were reported in the newspapers in
our time. Being asked which he thought the best of his written
productions, he would answer, raising his eyebrows and deepening
the tones of his voice to a sonorous bass—‘Why, undoubtedly, Sir, the
Letter to Sir William Wyndham is the most masterly of all his
writings, and the first composition for wit and eloquence in the
English language;‘—and then he would give his reasons at great
length and con amore, and say that Junius had formed himself
entirely upon it. Lord Bolingbroke had, it seems, a house next-door
to one belonging to Lord Chatham at Walham-Green; and as the
gardens joined, they could hear Lord Bolingbroke walking out with
the company that came to see him in his retirement, and elaborately
declaiming politics to the old lords and statesmen that were with
him, and philosophy to the younger ones. Pitt learned this story from
his father when a boy. This account, interesting in itself, was to me
the more interesting and extraordinary, as it had always appeared to
me that Mr. Pitt was quite an original, sui generis,
‘As if a man were author of himself,
And own’d no other kin’—
that so far from having a model or idol that he looked up to and
grounded himself upon, he had neither admiration nor
consciousness of any thing existing out of himself, and that he lived
solely in the sound of his own voice and revolved in the circle of his
own hollow and artificial periods. I have it from the same authority
that he thought Cobbett the best writer and Horne Tooke the
cleverest man of the day. His hatred of Wyndham was excessive and
mutual.—Perhaps it may be said that Lord Chatham was a first-rate
man in his way, and I incline to think it; but he was a self-made man,
bred in a camp, not in a court, and his rank was owing to his talents.
[12]
ON A SUN-DIAL

The New Monthly Magazine.]


[October, 1827.
‘To carve out dials quaintly, point by point.’
Shakespeare.

Horas non numero nisi serenas—is the motto of a sun-dial near


Venice. There is a softness and a harmony in the words and in the
thought unparalleled. Of all conceits it is surely the most classical. ‘I
count only the hours that are serene.’ What a bland and care-
dispelling feeling! How the shadows seem to fade on the dial-plate as
the sky lours, and time presents only a blank unless as its progress is
marked by what is joyous, and all that is not happy sinks into
oblivion! What a fine lesson is conveyed to the mind—to take no note
of time but by its benefits, to watch only for the smiles and neglect
the frowns of fate, to compose our lives of bright and gentle
moments, turning always to the sunny side of things, and letting the
rest slip from our imaginations, unheeded or forgotten! How
different from the common art of self-tormenting! For myself, as I
rode along the Brenta, while the sun shone hot upon its sluggish,
slimy waves, my sensations were far from comfortable; but the
reading this inscription on the side of a glaring wall in an instant
restored me to myself; and still, whenever I think of or repeat it, it
has the power of wafting me into the region of pure and blissful
abstraction. I cannot help fancying it to be a legend of Popish
superstition. Some monk of the dark ages must have invented and
bequeathed it to us, who, loitering in trim gardens and watching the
silent march of time, as his fruits ripened in the sun or his flowers
scented the balmy air, felt a mild languor pervade his senses, and
having little to do or to care for, determined (in imitation of his sun-
dial) to efface that little from his thoughts or draw a veil over it,
making of his life one long dream of quiet! Horas non numero nisi
serenas—he might repeat, when the heavens were overcast and the
gathering storm scattered the falling leaves, and turn to his books
and wrap himself in his golden studies! Out of some such mood of
mind, indolent, elegant, thoughtful, this exquisite device (speaking
volumes) must have originated.
Of the several modes of counting time, that by the sun-dial is
perhaps the most apposite and striking, if not the most convenient or
comprehensive. It does not obtrude its observations, though it
‘morals on the time,’ and, by its stationary character, forms a
contrast to the most fleeting of all essences. It stands sub dio—under
the marble air, and there is some connexion between the image of
infinity and eternity. I should also like to have a sunflower growing
near it with bees fluttering round.[13] It should be of iron to denote
duration, and have a dull, leaden look. I hate a sun-dial made of
wood, which is rather calculated to show the variations of the
seasons, than the progress of time, slow, silent, imperceptible,
chequered with light and shade. If our hours were all serene, we
might probably take almost as little note of them, as the dial does of
those that are clouded. It is the shadow thrown across, that gives us
warning of their flight. Otherwise, our impressions would take the
same undistinguishable hue; we should scarce be conscious of our
existence. Those who have had none of the cares of this life to harass
and disturb them, have been obliged to have recourse to the hopes
and fears of the next to enliven the prospect before them. Most of the
methods for measuring the lapse of time have, I believe, been the
contrivance of monks and religious recluses, who, finding time hang
heavy on their hands, were at some pains to see how they got rid of
it. The hour-glass is, I suspect, an older invention; and it is certainly
the most defective of all. Its creeping sands are not indeed an unapt
emblem of the minute, countless portions of our existence; and the
manner in which they gradually slide through the hollow glass and
diminish in number till not a single one is left, also illustrates the
way in which our years slip from us by stealth: but as a mechanical
invention, it is rather a hindrance than a help, for it requires to have
the time, of which it pretends to count the precious moments, taken
up in attention to itself, and in seeing that when one end of the glass
is empty, we turn it round, in order that it may go on again, or else all
our labour is lost, and we must wait for some other mode of
ascertaining the time before we can recover our reckoning and
proceed as before. The philosopher in his cell, the cottager at her
spinning-wheel must, however, find an invaluable acquisition in this
‘companion of the lonely hour,’ as it has been called,[14] which not
only serves to tell how the time goes, but to fill up its vacancies. What
a treasure must not the little box seem to hold, as if it were a sacred
deposit of the very grains and fleeting sands of life! What a business,
in lieu of other more important avocations, to see it out to the last
sand, and then to renew the process again on the instant, that there
may not be the least flaw or error in the account! What a strong sense
must be brought home to the mind of the value and irrecoverable
nature of the time that is fled; what a thrilling, incessant
consciousness of the slippery tenure by which we hold what remains
of it! Our very existence must seem crumbling to atoms, and running
down (without a miraculous reprieve) to the last fragment. ‘Dust to
dust and ashes to ashes’ is a text that might be fairly inscribed on an
hour-glass: it is ordinarily associated with the scythe of Time and a
Death’s head, as a Memento mori; and has, no doubt, furnished
many a tacit hint to the apprehensive and visionary enthusiast in
favour of a resurrection to another life!
The French give a different turn to things, less sombre and less
edifying. A common and also a very pleasing ornament to a clock, in
Paris, is a figure of Time seated in a boat which Cupid is rowing
along, with the motto, L’Amour fait passer le Tems—which the wits
again have travestied into Le Tems fait passer L’Amour. All this is
ingenious and well; but it wants sentiment. I like a people who have
something that they love and something that they hate, and with
whom every thing is not alike a matter of indifference or pour passer
le tems. The French attach no importance to any thing, except for the
moment; they are only thinking how they shall get rid of one
sensation for another; all their ideas are in transitu. Every thing is
detached, nothing is accumulated. It would be a million of years
before a Frenchman would think of the Horas non numero nisi
serenas. Its impassioned repose and ideal voluptuousness are as far
from their breasts as the poetry of that line in Shakspeare—‘How
sweet the moonlight sleeps upon that bank!’ They never arrive at the
classical—or the romantic. They blow the bubbles of vanity, fashion,
and pleasure; but they do not expand their perceptions into
refinement, or strengthen them into solidity. Where there is nothing
fine in the ground-work of the imagination, nothing fine in the
superstructure can be produced. They are light, airy, fanciful (to give
them their due)—but when they attempt to be serious (beyond mere
good sense) they are either dull or extravagant. When the volatile salt
has flown off, nothing but a caput mortuum remains. They have
infinite crotchets and caprices with their clocks and watches, which
seem made for any thing but to tell the hour—gold-repeaters,
watches with metal covers, clocks with hands to count the seconds.
There is no escaping from quackery and impertinence, even in our
attempts to calculate the waste of time. The years gallop fast enough
for me, without remarking every moment as it flies; and farther, I
must say I dislike a watch (whether of French or English
manufacture) that comes to me like a footpad with its face muffled,
and does not present its clear, open aspect like a friend, and point
with its finger to the time of day. All this opening and shutting of
dull, heavy cases (under pretence that the glass-lid is liable to be
broken, or lets in the dust or air and obstructs the movement of the
watch), is not to husband time, but to give trouble. It is mere
pomposity and self-importance, like consulting a mysterious oracle
that one carries about with one in one’s pocket, instead of asking a
common question of an acquaintance or companion. There are two
clocks which strike the hour in the room where I am. This I do not
like. In the first place, I do not want to be reminded twice how the
time goes (it is like the second tap of a saucy servant at your door
when perhaps you have no wish to get up): in the next place, it is
starting a difference of opinion on the subject, and I am averse to
every appearance of wrangling and disputation. Time moves on the
same, whatever disparity there may be in our mode of keeping count
of it, like true fame in spite of the cavils and contradictions of the
critics. I am no friend to repeating watches. The only pleasant
association I have with them is the account given by Rousseau of
some French lady, who sat up reading the New Heloise when it first
came out, and ordering her maid to sound the repeater, found it was
too late to go to bed, and continued reading on till morning. Yet how
different is the interest excited by this story from the account which
Rousseau somewhere else gives of his sitting up with his father
reading romances, when a boy, till they were startled by the swallows
twittering in their nests at day-break, and the father cried out, half
angry and ashamed—‘Allons, mon fils; je suis plus enfant que toi!’ In
general, I have heard repeating watches sounded in stage-coaches at
night, when some fellow-traveller suddenly awaking and wondering
what was the hour, another has very deliberately taken out his watch,
and pressing the spring, it has counted out the time; each petty
stroke acting like a sharp puncture on the ear, and informing me of
the dreary hours I had already passed, and of the more dreary ones I
had to wait till morning.
The great advantage, it is true, which clocks have over watches and
other dumb reckoners of time is, that for the most part they strike
the hour—that they are as it were the mouth-pieces of time; that they
not only point it to the eye, but impress it on the ear; that they ‘lend
it both an understanding and a tongue.’ Time thus speaks to us in an
audible and warning voice. Objects of sight are easily distinguished
by the sense, and suggest useful reflections to the mind; sounds,
from their intermittent nature, and perhaps other causes, appeal
more to the imagination, and strike upon the heart. But to do this,
they must be unexpected and involuntary—there must be no trick in
the case—they should not be squeezed out with a finger and a thumb;
there should be nothing optional, personal in their occurrence; they
should be like stern, inflexible monitors, that nothing can prevent
from discharging their duty. Surely, if there is any thing with which
we should not mix up our vanity and self-consequence, it is with
Time, the most independent of all things. All the sublimity, all the
superstition that hang upon this palpable mode of announcing its
flight, are chiefly attached to this circumstance. Time would lose its
abstracted character, if we kept it like a curiosity or a jack-in-a-box:
its prophetic warnings would have no effect, if it obviously spoke
only at our prompting, like a paltry ventriloquism. The clock that
tells the coming, dreaded hour—the castle bell, that ‘with its brazen
throat and iron tongue, sounds one unto the drowsy ear of night’—
the curfew, ‘swinging slow with sullen roar’ o’er wizard stream or
fountain, are like a voice from other worlds, big with unknown
events. The last sound, which is still kept up as an old custom in
many parts of England, is a great favourite with me. I used to hear it
when a boy. It tells a tale of other times. The days that are past, the
generations that are gone, the tangled forest glades and hamlets
brown of my native country, the woodsman’s art, the Norman
warrior armed for the battle or in his festive hall, the conqueror’s
iron rule and peasant’s lamp extinguished, all start up at the
clamorous peal, and fill my mind with fear and wonder. I confess,
nothing at present interests me but what has been—the recollection
of the impressions of my early life, or events long past, of which only
the dim traces remain in a smouldering ruin or half-obsolete custom.
That things should be that are now no more, creates in my mind the
most unfeigned astonishment. I cannot solve the mystery of the past,
nor exhaust my pleasure in it. The years, the generations to come,
are nothing to me. We care no more about the world in the year 2300
than we do about one of the planets. Even George IV. is better than
the Earl of Windsor. We might as well make a voyage to the moon as
think of stealing a march upon Time with impunity. De non
apparentibus et non existentibus eadem est ratio. Those who are to
come after us and push us from the stage seem like upstarts and
pretenders, that may be said to exist in vacuo, we know not upon
what, except as they are blown up with vain and self-conceit by their
patrons among the moderns. But the ancients are true and bonâ-fide
people, to whom we are bound by aggregate knowledge and filial ties,
and in whom seen by the mellow light of history we feel our own
existence doubled and our pride consoled, as we ruminate on the
vestiges of the past. The public in general, however, do not carry this
speculative indifference about the future to what is to happen to
themselves, or to the part they are to act in the busy scene. For my
own part, I do; and the only wish I can form, or that ever prompts
the passing sigh, would be to live some of my years over again—they
would be those in which I enjoyed and suffered most!
The ticking of a clock in the night has nothing very interesting nor
very alarming in it, though superstition has magnified it into an
omen. In a state of vigilance or debility, it preys upon the spirits like
the persecution of a teazing pertinacious insect; and haunting the
imagination after it has ceased in reality, is converted into the death-
watch. Time is rendered vast by contemplating its minute portions
thus repeatedly and painfully urged upon its attention, as the ocean
in its immensity is composed of water-drops. A clock striking with a
clear and silver sound is a great relief in such circumstances, breaks
the spell, and resembles a sylph-like and friendly spirit in the room.
Foreigners, with all their tricks and contrivances upon clocks and
time-pieces, are strangers to the sound of village bells, though

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