Friday, 7 November 2014


Members, roles and responsibilities of an Investigation Team

 

Forensic Pathologist

It is the responsibility of the forensic pathologist to ascertain the circumstances surrounding an individual’s death.  The forensic pathologist should identify the following; the identity of the deceased, the type of injuries sustained by the deceased, at what time the injuries were inflicted, what caused the injuries and ultimately what was the main factor that led to the deceased’s death.  In certain cases it may not be compulsory to carry out an autopsy as the reason behind the death of an individual may obvious to the forensic pathologist.  An example of an autopsy not being required would be an individual passing away naturally because of a known medical condition.  The evidence gathered by the forensic pathologist will be officially documented/ recorded as it may be required for use in the court.  The forensic pathologist involved in the particular criminal offence will inform the detectives, working on the case, regarding the findings that they have obtained.  The forensic pathologist would not be required to attend a crime involving a mugging but they would be required to attend a scene where the circumstances of an individual’s death are unclear, such as a body being located in a canal.  The forensic pathologist would have the role and responsibility of identifying the main factor that led to the deceased’s death. 

Medical Examiner

It is the role of the medical examiner to identify an approximate time that the individual is said to have died.  The medical examiner will have the role and responsibility of using their in depth knowledge of the processes involved in decomposition to officially document/ record an approximate time.  The service of a medical examiner would only be required when the criminal investigation involved an individual who is deceased.  The medical examiner would be called to a scene involving a suspected homicide, for example, in order to identify an approximate time of death.  The results obtained will then be subsequently presented to the detectives working on the criminal investigation.  The medical examiner may also be called to court to verify their findings to the judge and jury. 

 

Forensic Anthropologist

It is the responsibility of the forensic anthropologist to attend the scene and state that the bone/s do in fact belong to a human skeleton.  The forensic anthropologist will also have the role and responsibility of using their knowledge regarding the study of bones to answer the following; do the bones belong to a male or a female, how old the deceased was, the ethnic origin of the deceased and finally the damage inflicted upon the bone/s.  The forensic anthropologist will be required, as a part of their role and responsibility, to document/ record their findings.  The forensic anthropologist would play a vital part in the criminal investigation regarding the identification and analysis of human bone/s and the results obtained would be reported to the detectives working on the case.  The service of a forensic anthropologist would only be required when an investigation involving the identification and analysis of bone/s is necessary.  Forensic anthropologists would, for example, be called to investigate the presumed human remains present in a mass grave.  The forensic anthropologist would use their knowledge to answer questions as stated above. 

 

Detective/s

It is the responsibility of the detective/s in a criminal investigation to attend the scene and liaise with other members of the investigation, such as the forensic scientists, in order to identify the further lines of enquiry that need to take place.  The detective/s will identify what motive there may have been, in the case of murder, and ascertain potential suspects.  The detective/s will have documentation/ records that give a detailed account of the stages of the investigation that are taking place as they will be required to provide evidence in court that establishes to the jury and judge how they have come to the conclusions that they have regarding the criminal investigation.  The use of detectives is required in criminal investigations as they specialise in identifying the motive for the criminal offence, suspects thought to be involved in the criminal offence and the further lines of enquiry that need to take place.  The aforementioned information would be applicable to a terrorist attack and the detectives would play a role, if necessary, in liaising with international police forces.   

 

Ballistics Expert

The role of the ballistics expert will be to carry out various forms of testing at the ballistics laboratory in order to be able to; identify the particular make of firearm that was used in an attack, match shell casings to a particular make of firearm, ascertain the space between the victim and the individual using the firearm and whether or not the injury that the victim has sustained has been the result of the firearm in question due to matching the striations on a bullet recovered from the scene and comparison tests with those test fired in the ballistics laboratory.  The ballistics expert may also be required to match the wound that the individual has sustained to a particular firearm.  The ballistics expert will use various forms of equipment that are an essential part of identifying the answers required regarding firearms in a criminal investigation, such as; the database or a comparison microscope.  The role and responsibility of the ballistics expert will be to identify the firearm make and model using various forms of testing in the ballistics laboratory and also document/ record their findings as they will be required for use in the court.  It is essential that the documentation/ recordings are accurate and detailed as they will be questioned by the members of the prosecution team in court if the case regards an attack on an individual using a firearm and the individual on charge denies that they were involved.  The service of a ballistics expert would only be required in a criminal investigation that involved the use of a firearm, therefore in a terrorist attack that involved the use of firearms the ballistics expert may be called to attend the scene.  The ballistics expert would have the role and responsibility of looking at the bullet holes found in the walls of a bank, for example. 

 

Forensic Entomologist

It is the responsibility of the forensic entomologist to identify an approximate time that the individual is said to have died by using their in depth knowledge regarding the study of insects.  The forensic entomologist will have the role and responsibility of attending the scene and identifying what insects are present and at what process the insects are at in regards to growth.  The forensic entomologist will also collect samples of the insects for further analysis at the forensic laboratory.  The forensic entomologist will be required, as part of their role and responsibility, to document/ record their findings.  The service of a forensic entomologist would only be required when the events that led to an individual’s death cannot be ascertained, such as in a criminal investigation involving a suspected homicide.  The forensic entomologist would report their findings to the detectives working on the criminal investigation in order for them to have an approximate time that the individual has died.  The information reported to the detectives is vital as it enables the alibi of suspects to be verified along with other forms of evidence. 

 

The Police

The responsibility of the police is vital to any form of criminal investigation as they are generally the first public service that attends the scene of a crime.  The police, in the case of attending a scene were a suspected homicide has taken place, would call for assistance for the victim if it was apparent that they were still alive. The police officer who has arrived at the scene would be referred to as the First Attending Officer (FAO) and it would be there role and responsibility to cordon the scene offin order to preserve any evidence and protect the body from the environment, if the crime has occurred in an outdoor environment.  The role and responsibility of the police would also be to identify if any witnesses to the crime are present and take a statement from them which includes their contact details, the First Attending Officer (FAO) would also be required to report the crime to the police department in order for the relevant members of the criminal investigation team, such as the detectives and forensic scientists, to be notified and attend the scene.  The First Attending Officer (FAO) also has the authority to apprehend any individuals who they presume to be involved in the crime.  The First Attending Officer (FAO) will be required to give a statement that may be used in court.The police would be the first stage of the criminal investigation process as they are in most cases the first public service to be called in the case of a criminal offence and they would potentially be called upon incourt to detail what they discovered upon arrival at the crime scene.  This links specifically to the First Attending Officer (FAO) as they may have detained an individual who was behaving suspiciously at the scene of the crime and they could be on trial, therefore they may have to verify to the jury that the individual on trial was the individual that they detained at the scene of the crime.  The police, regardless of the form of crime that has taken place, will have the role and responsibility to ensure that the individuals involved in the crime are safe and do not require any medical or other assistance.  The police will also have the responsibility of interviewing any witnesses to the crime, reporting the crime, apprehending any suspects located at the scene of the crime and calling for assistance when necessary.  In the case of a mugging there would be no requirement of services such as a forensic pathologist as there are no individuals that are deceased.  The police would acquire any CCTV footage showing the mugging taking place, witnesses would be asked to give a statement and the victim of the mugging would also give a statement that details a description of the attacker.  The police, following the collection of the victim’s details, would ensure that they are called in to the police station to identify any suspects that have been apprehended from a line up or through looking at pictures of the suspects.   

 

Scene of Crime Officer (SOCO)

It is the responsibility of the Scene of Crime Officer (SOCO) to identify any relevant forensic evidence present at the scene of a crime and also ensure that the scene of the crime is safe for the other members of the criminal investigation team to access.  The forensic evidence, once identified, must be photographed and recorded prior to its collection and transfer into the appropriate receptacle.  The Scene of Crime Officer (SOCO) is required, as part of their role and responsibility, to ensure that there is a chain of continuity and that all forensic evidence indentified and collected is done so in the correct manor wearing the full personal protective equipment.  The Scene of Crime officer will ensure that all documentation/ records are detailed and correct as they will be used in court, in the case of a murder trial, by both the prosecution and defence.  The Scene of Crime Officer (SOCO) may be called to attend court in order to give a detailed and accurate account of the procedures that took place at the scene of the crime when they were identifying and gathering the relevant forensic evidence.  The Scene of Crime Officer (SOCO) will liaise with the forensic scientists regarding the analysis and the findings gathered as a result of the analysis.  The Scene of Crime Officer (SOCO) will be required at a criminal investigation that involves a terrorist attack as the relevant evidence will need to be identified and collected in order for transportation to the forensic laboratory for further analysis.  The Scene of Crime Officer (SOCO) will need to work with the police and other departments to ensure that the scene is safe to access.   

 

Forensic Scientists

It is the responsibility of the forensic scientistsinvolved in a criminal investigation to analyse any forensic evidence gathered at the scene of a crime.  The forensic scientists must ensure, as part of their role and responsibility, that they maintain the chain of continuity and wear the appropriate items of personal protective equipment during the analysis of the forensic evidence.  The conclusions that they draw from the analysis of the forensic evidence will be required to be documented, in great detail, along with pictures to illustrate to the court their findings.  It is essential that any documentation/ records are detailed and accurate as they will be used in court, in the case of a murder trial, by both the prosecution and defence.  Forensic scientists are essential in most forms of criminal investigation as they enable any relevant forensic evidence to be gathered and analysed.  In a terrorist attack any fingerprints that are identified and gathered can be ran through a database and a match could potentially be identified.  The findings gathered from the analysis of the fingerprints would be officially documented/ recorded and shown to the detectives, working on the case, who would then locate and detain the individual if possible.  

 

Justice System

The American Justice System is based around the application of various criminal investigative processes. These are governed by the ‘U.S. Constitution and Bill of Rights, state constitutions, the U.S. Code, State Codes, court decisions, federal rules of criminal procedure, and department and agency rules and regulations.  The Federal Rules of Criminal Procedure, for example, govern the procedure in all criminal proceedings in courts of the United States.’

The following are the stages of the criminal justice process that would have been applicable in the Aileen Wournos case:-

Investigation  -  The arrest of a suspect/s is based upon the evidence gathered from a criminal investigation.

Arrest  -  To make an arrest in the American justice system ‘probable cause’ is required in order to arrest and detain a suspect/s.

Prosecution  -  This is based on the district attorney’s decision that the evidence gathered supports the decision to prosecute the suspect/s.

Indictment  -  In this stage probable cause needs to be shown in order for a suspect/s to be indicted.

Arraignment  -  At this stage of the process the defendant/s will appear in court in order to enter a plea of either guilty or not guilty.

PretrialDetention(Bail Hearing)  -  This stage is when the defendant/s can apply for bail while awaiting trial subject to the defence and prosecution’s case.

Plea Bargaining  -  This stage of the process may involve the defendant/s admitting their crime with a plea of guilty in order to received a lesser charge or sentence.

Trial/Adjudication of guilt  -  This is when the prosecution and defence present their cases before a judge and jury and await their decision. Guilt is based on a case proved beyond a reasonable doubt.

Sentencing  -  If a guilty verdict is given the judge will then decide on the appropriate punishment for the crime the defendant/s has been convicted of and if a not guilty verdict is given the judge will release the defendant/s.

Appeals  -  These can be lodged by the defence and prosecution attorneys following the verdict given at a trial.

Punishment/rehabilitation  -  This is the final stage of this process and is governed by the local, state or the federal correctional authorities.  The convicted person/s will serve their sentence, be paroled or pardoned during this stage.  However in certain cases the final solution is the administration of the death penalty.

 


Key Members Of Each Process Of The Criminal Investigation

Richard Mallory

Detectives  -  Deputy John Bonnevier, County Deputy Sheriff John Bondi,  Detective James Malady and Investigator Charles James Lau

Medical Examiner  -  James Downing

Forensic Pathologist  -  Dr Arthur Botting

Forensic Scientist  -  Daniel Radcliffe

David Spears

Police  -  Attended the scene of the crime

Forensic Pathologist  -  Dr Janet Pillow

Charles ‘Chuck’ Carskaddon

Police  -  Trooper Rickey

Detectives  -  Marion County’s Deputy Lawing

Peter Siems

Detectives  -  Marion County’s Deputy Lawing

Eugene ‘Troy’ Burress

Detectives  -  Marion County’s Deputys

 

Charles ‘Dick’ Humphries

Police  -  Wildwood Police Department

Walter Gino Antonio

Police

Detectives

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