Criminal Investigations

Name of student

Institution

Investigations

Evidence is very valuable in the investigative process. In criminal cases, evidence is used by detectives to support their position regarding the suspects. This facilitates the process of clearing cases by confession. In addition, physical evidence has been found to improve convictions and clearances in robbery and burglary cases (Horvath and Meesig, 1996). These cases have a tendency to have low resolution rates where evidence is not available. According to Horvath & Meesig (1996), evidence is also used to establish the main elements of the crime, to exculpate the innocent, and to validate the testimony of the victim.

The chain of evidence is the sequential process followed in the investigative process (Horvath & Meesig, 1996). Adhering to this chain enables the prosecution to confirm several aspects of the crime. It shows when, and where the evidence was obtained, who obtained it, how it was secured and by who, and also anyone that had possession or control of the evidence (Horvath & Meesig, 1996).

Several rules apply when acquiring written statements from witnesses. Firstly, the witness should be protected from any risk of intimidation during the exercise (Horvath & Meesig, 1996). Secondly, the statement is taken as soon as it is possible, when it is still fresh. Thirdly, the witness should be treated with ultimate courtesy. An environment that guarantees privacy is preferred. Fourthly, the witness must be assured that they are not suspects. Fifthly, the statement should be signed and written with ink, or recorded, in order to get the actual words of the witness. Finally, the statement should be read to the witness so that any mistakes can be corrected before signing.

When acquiring written statements from a suspect, the following rules apply. The words of the suspect are either Witten down with ink, or recorded. This ensures the actual words of the suspect are obtained. Secondly, the suspect should not be cross-examined (Horvath & Meesig, 1996). They are only asked questions to clarify where they are unclear. Thirdly, the statement is read to the suspect after completion. This allows them to make any correction to the statement before signing it. Finally, the suspect’s signature must be witnessed by the people present, or a parent if the suspect is a juvenile.

Reference

Horvath, F., & Meesig, R. (1996). The criminal investigation process and the role of forensic evidence: A review of empirical studies. ASTM International, 41(6), 1-7.