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Summary KRM210 notes Section A (units 1, 2, 3, 4) R122,00   Add to cart

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Summary KRM210 notes Section A (units 1, 2, 3, 4)

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  • Unit 1 to unit 4
  • February 9, 2021
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  • 2020/2021
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KRM210
KRM210: Study unit 1
- Introduction to criminal investigation

THE CONCEPT OF CRIMINAL INVESTIGATION DEFINED

Definition:
A systematic search for the truth, aimed at a positive solution of crime

Two sources of info (clues) used in the search for the truth:
1. Objective information
• The factual proof
• The physical evidence
• indirect source of information
• Transferred from scene/victim to perpetrator
• Transferred from perpetrator to scene/victim

Examples:
• DNA
• Hair
• Firearm - bullets
• Blood splatter

2. Subjective information
• Based on the sensory perception of people
• Sensory perception = observation using 5 senses (sight, smell, hearing, taste, feeling)
• Comes from a person’s perspective
• A direct source of information
Why is it described as subjective = we all experience things in different ways and different people
will have different perceptions of a crime (e.g. Young man vs old woman = young man will be a
better witness due to him having better memory, eyesight and recall of details)

Examples:
• Victim
• Witness
• Suspect
• people close to victim or suspect as they may provide background information

COMPONENTS OF CRIMINAL INVESTIGATION x5 (SIRGE)
[deducted from the definition]
1. Systematic and planned process
• Organised

2. Information
• derived from two sources = Direct/subjective & Indirect/objective

3. Recognition



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, • The ability of a crime scene investigator to recognise the potential value of information,
even though it might not seem that important at the time.
• E.g. noticing indentations on a note pad at a murder scene ... the criminals had drawn a map
of where they would meet in three days time. The investigators met at the location and
were thus able to catch them

4. Gathering and preserving information
• All information must be gathered with care
• Follow stipulated procedures for different types of information (e.g. object with dry blood on must
be sealed in a plastic bag and object with wet blood on it must be sealed in a paper bag to avoid
contamination)
• It is important to protect the integrity of information (it mustn't be compromised as investigators
can’t use spoilt info)
• Maintaining continuity of possession
- Info should be safeguarded from the moment it is discovered at the crime scene until
presented in court as evidence
- Chain of custody = physical information must always be documented (each time it was
passed on and to who, in case of tampering of evidence)

5. Evaluation
• Information goes through a sifting process = not all information becomes evidence (only useful
information becomes evidence)
Information vs Evidence
- Information = facts and details evident in general
- Evidence = useful information that is taken to court to prove who is guilty

OBJECTIVES OF A CRIMINAL INVESTIGATION x6 (IGIARI)
[ What do you want to achieve in a criminal investigation? ]
1. Identifying of the crime
• Situation identification (requires 3 questions to be answered)
- does the act satisfy the legal criteria to be classified as a crime? (is it a crime?)
- if yes, what type of crime am I dealing with? (what type of crime is it?)
- Can we actually hold someone legally responsible for the act? (will this end up in a trial)

2. Gathering evidence
• Evidence = all information presented to a court to settle a factual dispute
- Two sources of info = objective or subjective

3. Individualisation of the crime
• The difference between identification and individualisation is important in a criminal
investigation
• Step 1: Identification = to place an object into a certain class of objects
- e.g. finding fingerprints not visible to the naked eye, finding blood by shining UV lights
- when does identification as a process become significant = when you can individualize what you
identified, resulting in there being enough evidence to tie the crime to a suspect
• Step 2: Individualisation = in criminal investigation occurs through comparison.
- For this process standards of comparison and disputed samples are required
- E.g. comparing fingerprints found on a paper to all fingerprints on record

^ Based on the above explanation, the following deductions can be made about
identification and individualisation:

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, • Inalienable
• Follow each other
• Complementary
• Individualisation is impossible without identification
• First identification, then individualisation

4. Arrest of the alleged perpetrator
Why arrest = so that alleged perpetrator appears in court and knows what they are
charged with

5. Recovery of stolen property
What is the dual purpose?
• To return victims property
• could be used as evidence in court

6. involvement in prosecution process
- witnesses and physical evidence are involved in court
- presentation of evidence is a police job

FATHER OF CRIMINALISTICS
Who?
Hans Gross (1847-1915)
• Crime approached like a scientific problem
• Abstract, theoretical, juridical knowledge inadequate to solve crime
• Study crime in all its complexity
• Scientifically and objectively

FORENSIC CRIMINALISTICS DEFINED
• Soderman and O’Connell say:
Forensic criminalistics is an integrated process involving:
- The identification of the criminal act and persons involved (dead/alive)
- Criminal investigators fieldwork methods and techniques
- Laboratory analyses by experts

FORENSIC SCIENTIST vs A CRIMINALIST
1. Forensic scientist
- Have specific scientific knowledge
- Use methods, techniques and knowledge to their particular sciences to maximise
evidential value of clues
Field of specialisation/expertise:
- Forensic pathologist (Autopsies -first practised as doctor then specialises in pathology)
- Serologist (Examines the human bodily fluids containing DNA)
- Trichologist (Forensic hair examiner)

2. Criminalist
- also known as coordinators of scientific knowledge or criminal investigators
- Uses techniques, methods and knowledge of divergent (variety of) sciences to maximise
evidential value of objects and phenomena

FIELD DEMARCATION OF CRIMINALISTICS
[ Involves two subfields namely criminal tactic & criminal technique: ]


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