A Southern African Perspective on Fundamental Criminology
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KRM 110 Section B Theme 2: Sexual Crimes, Study Notes
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Criminology
Section A: Chapter 16
Learning Outcomes
Define the concepts criminal investigation and forensic criminalistics.
Distinguish between forensic tactics and forensic techniques.
Explain the crime scene as a source of information during a criminal investigation.
Discuss the fundamental practices during the processing of the crime scene.
Explain why effective criminal investigation is dependent on good collaboration
between the criminal investigator and the experts in specialised fields.
Give an exposition of the forensic services that are available to criminal
investigators.
,Introduction(p 598-599)
Specialist criminal investigations = responsibility of professionals to collect
evidence.
Specialised knowledge of criminal investigation is therefore needed.
The collection of evidence places heavy demands on modern criminal
investigators + roles and responsibilities of criminal investigators have changed
over the past 20 years.
o Criminal investigation has evolved into a specialised field requiring
extensive training
A few decades ago the duties of police officials were restricted to respond to
crimes and keep the peace – NOW police officials must be well-trained
professionals who possess the knowledge and skills to effectively respond and
investigate crime, for example:
o Crime scene management expertise
o Evidence identification and preservation proficiency
o Witness assessment and interviewing competencies
o Accomplished suspect questioning and interrogation skills
o Critical incident response proficiency
o Understanding and interpreting criminal law and procedural law
requirements, which aid the ability to recognize and identify different types
of offences
o Willingness to engage with forensic experts who possess the forensic tools
for evidence analysis
o Diligent case preparation and documentation abilities
o Strategic analytical thinking skills in order to assess risk accurately and
effectively respond to incidents
o The ability to apply deductive, inductive and quantitative reasoning to
examine evidence and form reasonoable grounds to identify and arrest
suspects
Definitions of key concepts – criminal investigation, forensic criminalistics
(forensic tactics and forensic techniques(Pages 617-620)
Criminal investigation
Criminal investigation = wide range of specialities that aim to determine how
events during a criminal incident unfolded to prove the guilt or innocence of an
accused person in a criminal event.
When a person is caught red-handed committing a criminal act and
apprehended at crime scene, criminal investigation not complex process
When criminal event is discovered after the incident or when perpetrator is not
clearly identified, criminal inverstigation=more complex
Criminal investigation = a process which revolves around the gathering of
information.
The sources of information in a criminal investigation can either be objective
information (indirect) or subjective information (direct).
Objective information
o Refers to the factual proof and the objective explanation thereof.
, o Objective information = also known as physical, mute or “real”
evidence.
o Objective physical evidence includes tangible objects presented to
court to disprove fact or issue
Weapon, fingerprints, shoe impression, tyre marks, tool
impressions, fibres, hair, bodily fluids and digital or computer
evidence
o Courts are partial to physical evidence because they are items that can
be seen, examined and interpreted to establish the facts of a case
beyond a reasonable doubt.
o Experts will demonstrate to the court with expert opinions how items of
evidence are linked to suspects, victims, timelines and the criminal
event ex Hendri van Breda case.
Henri Van Breda case, murdered his family with an axe. Van
Breda said that he was hiding in the bathroom, when his brother
was attacked by the axe. Police officer analysed blood splatters
on Van Breda’s shorts and socks
He found out that Van Breda was in close proximity when
the attack occurred
Subjective information (testimonial evidence)
o Evidence that is offered by people who were directly or indirectly
involved in the crime and their roles as victims or witnesses.
o It is evidence that proves the fact in dispute directly – no inferences or
presumptions to be drawn.
o This information is communicated by people who have actual
knowledge of the facts of the case and is based on their sensory
perception (taste, touch, smell, sight and hearing).
o Examples of direct subjective evidence:
Person in a murder investigation who actually witnessed the
accused shoot the victim
Security camera showing the accused commit the crime
Statement or confession from the accused admitting to the
crime
Case where one person was found guilty of murder based off subjective
evidence which linked the victim to him:
o William Nkuna main suspect in the murder of police constable Frances
Rasuge (2005).
o During the time of his trial – no body but Nkuna found guilty of murder
(life imprisonment) based on the following:
o Nkuna used Rasuge’s cellphone the day after she vanished.
o Traces of her blood were found in the boot of his car.
o CCTV camera – made a series of withdrawals from her bank account
after her disappearance.
o Rasuge’s body was found 8 yrs later buried at Nkuna’s property.
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