Criminal policy of the future

(Scandinavian Studies in Criminology)

Criminal policy's alternative that, in today's situation, represents a new and radical trend, stems from a sociological view of society.

It is characteristic of the sociological view of criminal policy that criminality is seen as a conflict situation, and crime as the visible ex­pression of a certain balance between different social pressures. The bal­ance theory assumes that one no longer asks the question: "How can we eliminate crime?" because it is a meaningless question. Every society has, must have, crime and criminals. As early as in 1897 Durkheim pointed out that even a society of saints would have its social norms and its norm-breakers. We therefore cannot merely propose the elimination of crime as a fundamental goal, but, we can strive for a certain type of balance, we can try to influence the structure of criminality, its gravity. The fact that criminality is experienced as a conflict between dissimilar pressures which keep each other in balance has an important conse­quence; in every problem situation in criminal policy it becomes equally important to take a stand as to the possibility of changing society's con­trol, its evaluations, its organizations, including both laws and control apparatus, as it is to take a stand on the problem of how the criminal shall be influenced.

The classical example of this phenomenon is, of course, the ex­periment countries tried before the Second World War. An attempt was made to influence the general public with the threat of punishment. The results of these methods were, for different reasons, disappointing. In this situation certain countries experimented with even harder control measures; other countries chose the opposite alternative of de­criminalizing the use and sale of alcohol.

There are many forms of de-criminalizing. What followed the pro­hibition law example may most correctly be characterized as "legalizing": special institutions and special legal norms are provided for behaviour that was earlier defined as criminal.

Another type of de-criminalizing is to be found in those sectors which cover the area of moral crime. It is a so-called complete de­criminalizing where the punishment is not replaced by any measure at all from society. Concerning problems within this area, it is obvious that criminological research can, here, in a decisive manner influence the structure of criminalization. Research can differentiate offence catego­ries according to the consequences: for example, by finding out to what extent certain sexual behaviour, drinking behaviour, or a certain type of narcotic usage, causes suffering or risk of suffering to, other people, and to what extent the behaviour only harms the person concerned himself. Whether empirical studies of this sort can make possible the de­criminalizing of certain types of narcotic crime depends entirely on what results are reached through research.

Unit 10: physical evidence

Text 1: PHYSICAL EVIDENCE

The finding, collecting and preservation of physical evidence are the most important phases in a criminal investigation.

Physical evidence is of value only if it helps prove a case or clear a suspect. The most valuable evidence may be worthless if inefficiently handled.

In general, the term "chain of evidence" may be defined as the documentation of every article of evidence, from the point of initial dis­covery at a crime scene, to its collection and transport to a laboratory, its temporary custody and its final disposition. Within this context, it is natural that:

- the admissibility of the information derived from any article of evidence be directly proportional to and fully dependent on the manner and precautions taken to ensure that the evidence presented to a court has been protected;

- there be no viable alternative to a strong chain of evidence.

It is not always possible to know whether or not an object has evi­dential value until it is analyzed. For example, one is generally unable to see all the details in a shoe imprint until a cast has been made and that cast compared with the shoe.

In collecting any object of possible evidential value an officer should keep in mind the importance of the following:

1. The possibilities of fingerprints being found on it.

2. The chances of certain pieces of microscopic debris, such as hair, blood, paint, fibres, etc., adhering to it.

3. How that article should be removed, marked, packaged and transported.

Physical evidence is something that is concrete, something that can generally be measured, photographed, analyzed, and presented as a physical object in court. Circumstantial evidence is a specific circum­stance. For example, a suspect might be accused of burglary, and the shoes he is wearing are proved to have made certain impressions found at the scene of a crime. The shoes and the imprint are physical evi­dence, while the fact that the suspect was wearing the shoes when ar­rested is circumstantial evidence. Someone else could have worn the shoes at the time the burglary was committed, therefore that type of evidence is circumstantial.

If there are witnesses, the investigator needs corroborative evi­dence; if there are no witnesses, the entire case must often be proved through physical evidence alone.

A lone piece of evidence, because of its great intrinsic value and the impossibility of being duplicated, may be sufficiently important to warrant a conviction — for example, a fingerprint. At other times it may be a combination of a number of articles of physical evidence, none of which¹) are conclusive²), that proves the case.

The intrinsic value of physical evidence often depends on its loca­tion. A hat on one's head has little significance but if it is found beside a murder victim it might become of great importance.

There is no such thing as a perfect crime, a crime that leaves no traces — there is only the inability to find the evidence.

When the investigating officer arrives at a crime scene it is nec­essary that he should first protect the scene and prevent anybody from touching any object.

The preliminary survey is to acquaint the investigating officer with the entire scene and its important details. After he has completed his preliminary survey the photographer may go to work. It is important that the investigator should accompany the photographer, pointing out various objects of possible evidential value. He should note possible lo­cation of latent prints (invisible prints), and guard against contamination of such objects and surfaces.

After the general scene has been completely photographed, the of­ficer with casting equipment casts all possible imprints, if such are pres­ent, and then the fingerprint man should work on various objects. He should also note movable objects where fingerprints may be found, and should carefully remove them to a safe place for dusting and developing later.

As the fingerprint man completes his work, the investigator may go to work thoroughly searching the scene of possible evidential value.

As evidence is found, it should be marked, carefully packaged, each article separately, and placed in some locality where it will not be destroyed or contaminated, until it is transported to a laboratory.

(Scientific Investigation and Physical Evidence, L.V.Jones)

Notes:

1. none of which are — ни один из которых

2. conclusive — зд. убедительный

Exercise 1: Find synonyms:

to look for, to analyze, a possibility, custody, latent, impressions, a picture, a dactyloscopic expert, to search for, an article, a criminal, a probability, to examine, imprints, a photograph, preservation, invisible, an item, a fingerprint man, a perpetrator.

Exercise 2: Find the equivalents in the text:

доказать дело; снять подозрения с подозреваемого; ценные вещественные доказательства; сделать слепок; косвенные улики; кража со взломом; убийство; подтверждающие доказательства; предварительный осмотр места происшествия; изъять предметы; уничтожить или загрязнить улики; осматривать место происшествия в целях нахождения отпечатков пальцев; жертва; доказывать дело лишь с помощью вещественных доказательств; оберегать место происшествия; закончить предварительный осмотр; отметить расположение отпечатков пальцев; дактилоскопист; обработать порошком; промаркировать улики; упаковать улики.

Exercise 3: Complete the sentences using the words from the box:

circumstantial, value, a cast, examined, the preliminary survey, to clear, contamination, to prove, marked, fingerprints, gathering, re­moved, corroborative, to protect

1. Physical evidence is of value only if it helps ... a case or ... a suspect.

2. The first phase in handling physical evidence is ... all potential evidence at the scene of a crime.

3. If a shoe imprint is found at the crime scene, ... should be made and compared with the shoe.

4. ... may be found on any object of possible evidential value.

5. No article should be moved or touched until it has been pho­tographed and ... for fingerprints.

6. If there are witnesses, the investigator needs ... evidence.

7. The first responsibility of an officer is ... the crime scene.

8. The investigating officer should prevent ... of objects which may bear fingerprints.

9. After being photographed objects where fingerprints may be found should be carefully ... from the scene.

10. When the fingerprint man completes his work, the investigat­ing officer should examine the scene for articles of possible evidential ... .

11. All evidence found at the scene of a crime should be ... and packaged carefully and transported to a laboratory.

12. The aim of ... is to acquaint the investigator with the entire crime scene and its important details.

13. Besides physical and corroborative there is also ... evidence.

Exercise 4: Read the definitions and give the name of the corresponding actions or notions.

1. All articles found at the scene of a crime which help prove a case are called ....

2. The prints of the hands left by a criminal on objects which he touched during the commission of the crime are called ...

3. The process of observing the whole of the crime scene and not­ing the location of its objects is called ....

4. The process of using special powder to develop latent prints is called ....

5. A person who can give information about the crime or the criminal is called a ....

6. An imprint left by the criminal which cannot be seen without special techniques is called ....

Exercise 5: Explain what is:

1. physical evidence;

2. circumstantial evidence;

1. corroborative evidence;

2. a fingerprint;

3. a latent print;

4. contamination of evidence;

5. the preliminary survey.

Exercise 6: Translate the sentences into English:

1. Следователь должен собрать все вещественные улики на месте преступления.

2. Во время предварительного осмотра следователь знакомится с местом происшествия и его деталями.

3. Цель вещественных улик – обеспечить доказывание.

4. Полицейский должен обеспечить сохранность места происшествия.

5. Каждый преступник оставляет следы.

6. Предметы на месте преступления нельзя трогать, поскольку на них могут быть отпечатки пальцев.

7. Все предметы, на которых могут быть скрытые отпечатки, следует осторожно изъять с места происшествия.

8. Если есть отпечатки обуви, с них следует сделать слепки.

9. Все вещественные улики, найденные на месте происшествия, должны быть промаркированы, упакованы и отправлены в лабораторию.

Exercise 7: Read and translate the sentences with the Subjunctive Mood: a) 1. On many occasions an expert listens to the evidence for the first time when it is given at the trial and realizes for the first time what he might have done to assist the court if he had only known earlier.

2. While the circumstances may have been explained at some time to the laboratory expert, they will not be impressed on his mind in the same way they would have been if he had visited the scene of the crime.

3. It is of primary importance that the greatest care should be taken to prevent any possible contamination of various sam­ples.

4. A suspect might claim the contact traces on his clothes were not received at the crime scene. It should be that the explanation looks natural.

5. It is necessary that no objects should be overlooked through inability to recognize their evidential value.

6. A practice of forcing a suspected tool to see if it fits a mark could destroy the individuality of a particular mark.

7. If police work were seen mostly as a broad category of oc­cupations which deal with people who are difficult to handle, individuals would enter police work because they wanted to help people and not because of romantic ideas.

8. The first category of police functions may be defined as "order maintenance", and the second category — "law en­forcement" — would include responding to reports of crimes.

9. One of the major conceptions employed in the law for the determination of liability is the necessary cause, the cause but for which the particular result would not have occurred.

b) 1. Every object of the material world has its own specific features which help identify it. Yet this requires that the traces left by the object imprint the features that make it different from similar ones.

2. The examination of footprints helps determine a number of important factors that could be used in identifying a criminal if he were arrested.

3. Criminalistic photography is widely used in criminal trials. However, this would be impossible in the absence of legal regulations.

4. The gathering of factual material would be unreasonable without hypothesis explaining the cause that gave rise to that evidence.

5. One must put himself in the place of the criminal. What would the investigator himself do if he were in the same situa­tion and conditions?

6. It is natural that the process of investigation should begin with examining the scene of the crime.

7. It is essential that different investigation methods be used with regard to different crimes.

8. During the examination of the crime scene the investigator should record all details pertinent to the crime lest any impor­tant item of evidence remain overlooked.

9. It is necessary that, in all legal systems, the law require that investigation bodies should not use any drugs.

Exercise 8: Read and translate the sentences paying attention to different functions of the verb «to be»:

1. Each phase is of equal importance if such evidence is to be ac­cepted by the courts.

2. It is not always possible to know whether or not an object has evidential value until it is analyzed.

3. The shoes the suspect is wearing are proved to have made cer­tain impressions found at the scene of a crime.

4. The value of physical evidence is based on the law of probabilities.

5. There is no such thing as a perfect crime — there is only the inability to find the evidence.

6. The preliminary survey is to acquaint the investigating officer with the entire scene and its important details.

7. A latent print is one which is obtained in connection with an investigation involving identification.

8. Latent prints are unlikely to be made on any but good surfaces such as glass.

9. The primary objective of giving testimony in court is to present the facts as the investigator found them.

Exercise 9: Read and translate the sentences paying attention to -ing forms.

1. An officer should keep in mind the possibility of fingerprints being found on an object.

2. An investigating officer should know of the chances of certain microscopic debris adhering to an object of possible evidential value.

3. Articles found at the crime scene should be moved with the least chance of having such evidence destroyed or contaminated.

4. A lone piece of evidence, because of the impossibility of its being duplicated, may be sufficiently important to warrant a con­viction.

5. Be ready to prevent misleading emphasis being placed upon fingerprints as the means of identifying a criminal.

6. Witnesses and victims being questioned by an officer are likely to re-enact their own actions and those of the criminal.

7. Being easily seen the plastic imprints and visible prints are more likely to attract attention than the true latent prints.

8. Prints from the palms being highly individual are regarded as an important means of identification.

Text 2: Read the following story and try to find the criminal: