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              Thanks to lucianvenutian for permission to use this Photo.

It’s true that controversy is often manufactured by “the media” to create “news,” but I find the the issue of sex offenders’ rights, particularly those convicted of crimes against children, to only be controversial if seen through a filter more theoretical than pragmatic. In legal theory, the general question of whether a mandated process of full disclosure violates the rights of these offenders is a legitimate one.  However; there is no moral equivalency between the rights afforded say someone convicted of a felony property crime in the past vs. someone convicted of a felony sex offense.  Yes, I would like to know if the guy next store to me was convicted a burglary 10 years ago, but I can ultimately accept living in the dark to preserve this individual’s right to live freely in society after paying his debt.  On the contrary, I would not accept living in the dark when it comes to compromising the safety of a defenseless child to protect the rights of a pedophile.   

There’s also a disturbing element of political correctness influencing how communities see their role in protecting their own children.  If, because of the law, there is no way to prevent a sex offender from moving into your neighborhood, it’s apparent that the instrument used to enforce the law (the police) can not be turned to for help unless it’s “after the fact.”  What does a community do under these circumstances?  

The media often characterizes communities who make it known that such offenders are not welcome as some type of vigilante mob.  This is absurd.  Yes, there are extreme cases where community members violently assault an offender to get the point across, but these are few and far between, which is why they make “the news.”  The communities that have succeeded in removing these offenders from their neighborhoods have done so through organized protests, house eggings, and tactical use of the media to apply pressure.   Although politically incorrect and offensive to legal scholars, I find these resourceful methods of forced exclusion to be perfectly reasonable.

What do you think?     

Ryan Rode
Interactive Services Manager
Ashworth School Of Legal Studies

The term “forensic science” is practically a household term these days. With programs such as the CSI series, to the Law and Order programs, and even now that we have reality shows such as Oxygen’s “Snapped”,  and Court TV’s“Till Death Us Do Part”,  and more, it has educated us regarding forensic science. However, we very seldom hear the term “forensic pathology” and even less “forensic psychology”.  Actually, it is the “science” of that term that is varied, NOT the forensic that is varied. In order to understand the terms, we must first understand the word “forensic” itself if we are to understand the “science” of forensics. 

The term “forensics” has the same Latin origins as the word “forum” meaning “a room for public debate”. Howitt, Dennis, Forensic and Criminal Psychology, 2^nd Edition, 2006, p.2. So, no matter what the specialty of forensics, be it pathology, or psychology,  “the science” of the particular discipline is debated in an open forum, particularly a court of law, hence “forensic”.

So, the practice of forensic psychology, and pathology is the application of these individual sciences to answer questions that relate to the legal system, the legal system being the “room for public debate”. 

If one is a practitioner of forensic “science” they are applying accepted and/or scholarly methods that substantiate facts regarding the physical evidence. For example unknown chemicals at a crime scene, a dead body, or cadaver, etc. This type of forensic science is also used to determine forged documentation. In essence it is the application of proven methods applied to physical evidence to determine that evidence’s origin and/or use.

Pathology under the auspice of forensics is that branch of medicine that deals with determining the cause of death. The word itself literally means “study of suffering”.  The “science” is that of determining what caused death, i.e., in the case of strangulation, there are three basic types that a pathologist can determine. They are manual strangulation,(meaning with bare hands), ligature strangulation, (a piece of material tied around the victim’s neck), and choke holds. The science of pathology allows the pathologist to testify in court (forensic) in regards to a death by “unnatural” causes.

Another area of forensic science is that of psychology. This is quite different than the specialties referenced above. It is the science or study of psychology AKA human behavior, that is used in courts in relation to criminal behavior. The forensic psychologist studies the “theories of crime” from a psychological aspect and applies these theories in court as to why a person may have committed a crime.

So in summation, it is important to remember that pathology, and psychology are “sciences” that when practiced for evidence in the judicial system it then becomes “forensics” because the courtroom is the “open forum for debate” of that specific area of study.   

Betty Ray Mydland
Student
Ashworth Criminal Justice Program

I have been employed in the field of forensics for over twenty-five years.  When introduced to the field and opinion testimony, it was stressed to me during my training and subsequent contacts within the field that all scientists must not be biased while performing analyses or on the witness stand.  As a forensic scientist, one is not working for the prosecution or the defense.  His only obligation is to disclose the knowledge gained through his examinations.  

During one of the last few episodes of one of the CSI programs this past season, the statement was made by one analyst to another “we will get him”.   Even more appalling than this to me, I watched as a well known pathologist exited the courtroom after giving his testimony. He seemed to take more pleasure in front of the camera for the media than giving his opinion as to the findings in the case. 

Analysts would like to be treated professionally by all parties.  If one seeks the respect of individuals within his profession and those he testifies before, it goes a long way to treat them with the same respect you desire.  This can be obtained by sharing your knowledge to both sides without any bias. 

Steve Byrd
Instructor
Ashworth University Forensic Science Program

The creation of the Criminal Justice “Study Hall” forum was inspired by one of your fellow students: Betty Ray Mydland.  The general concept behind this particular forum or “Study Hall” is to provide students in our various Criminal Justice programs with a dedicated “space” to openly discuss criminal justice program issues, lessons, topics, careers, questions, news, ideas, etc.

Thanks to Betty for this excellent recommendation. Well, the forum has been created. It’s up to our forum community to spread the word and get as many of your peers engaged as possible. I’m really looking forward to watching this Study Hall evolve. 

If you haven’t registered for the Ashworth University Student Forum yet, take a minute to do so.  It literally only takes a minute before you’re ready to join the discussion. 

We encourage all of our Criminal Justice/Legal Studies students to begin participating in this new Study Hall today!  Get involved with your student community!

Here’s the link:

Criminal Justice Study Hall Forum

Ryan Rode
Interactive Services Manager
Ashworth University

            Thanks to  Alexis O’Toole for permission to use this Photo. 

A pretext is an expression of a false purpose.  Its goal is to introduce an acceptable excuse in order to hide, or cloak, a person’s real intention(s).  When a private investigator uses a pretext that includes verbal communication, the focus should be toward obtaining pertinent information from sources close to the claimant, such as neighbors and fellow employees.  Avoid contact with the claimant.  If in a public location, the claimant initiates a conversation with you, you may not be held accountable.  But, if the case ever makes it to court and this evidence is introduced, it will be his or her word against yours.  Who will a judge believe?  It depends, but the risks are too great to take a chance.The following steps will assist you in conducting a pretext interview:

Step one: Drive through the area first (preferably only once) to identify the claimant’s residence and determine how to best approach the various sources, starting at the perimeter.  You may find the claimant active outside.  During a brief activity check assignment on a claimant with an alleged severe injury to the lower back, I drove into the neighborhood and noticed he was mowing the yard with a push mower.  The priority then became surveillance coupled with video documentation.  But, if there’s no such luck, continue with the initial objective.  Identify the vehicles and look for signs of activity by identifying what is visible on the property.

Step two: Park your vehicle out of view and select the pretext that seems most suited to the surroundings.  Consider the economic, social, and cultural standards of the immediate area.  Look for the neighbor whose home and property is obviously better maintained than the claimant’s.  You may find some resentment toward the claimant who, as it turns out, rents the home while others own their property.  These economic, social, cultural, and racial barriers can produce cooperative sources from either end, as long as there is some disapproval or jealousy that exists.  

Step three: Use the opening remark you make to the source to determine the pretext that will be most productive.  Even before identifying myself, which may already be evident in the outfit I’m wearing, I usually ask them in a straightforward manner if they are familiar with the claimant.  The response you get will forewarn you about the pretext you should use and could prevent you from sticking your foot in your mouth.  The response may range from a total lack of recognition to the possibility you’re speaking directly to the claimant who is visiting this source.  If anything close to the latter scenario occurs, be prepared with an alternative pretext.  Tell the source, or the claimant, that another individual recommended you talk with the claimant about something pertinent to their situation.  It could be the sale of a boat, trailer, home, or any number of other personal items.  You could even say that you were considering going to work for the claimant’s old employer and wanted their viewpoint.  If the claimant owns a particularly special automobile or boat, or even a pet, tell him or her that you’re considering buying the same car or boat and someone recommended talking with the claimant about theirs. The majority of the time the response will be a general one of acknowledgement, and you can proceed with the appropriate pretext.

Step four: When talking with these sources, act comfortable, be friendly, and look for a source who is just as talkative.  Combine a number of topics or lead the source to believe the focus of the inquiry is anything other than the claimant.  Use a relaxed, nonchalant tone to imply the subject involving the claimant is relatively unimportant.  Construct your questions to prompt detailed explanations and avoid yes and no responses.  Unless it suits the pretext, don’t carry a pen, clipboard, or notepad.  Retain the details mentally and record them as soon as the interview is concluded.

Larry W. Davis
Private Investigation Program Instructor
Ashworth University

      Thanks to Aaron Fulkerson for permission to use this Photograph.

As a private investigator, I am usually subjected to quite a bit of tedium either on long surveillance or digging in civic and criminal files. However, I’ve now had a first: surveillance on my own neighbor! I knew already that there were serious problems with the couple there. Likely using/dealing drugs as the signs were all there. Definitely one person who is bipolar and untreated with meds, too. Her frequent rages attest to that. Yes, the police do know about the drugs and seem to do nothing, but I digress.

I received a call from a US Marshall who found out through public records that a PI lived right next door to someone he had a warrant for and he asked me to perform the surveillance! A visitor (family member) had come to stay about two weeks before and that person was wanted on kidnapping and vehicle theft charges in another city. He apparently made out the Marshall’s surveillance and was not showing himself, therefore, the Marshall could not be sure the person was still there. Nothing would be thought of me coming or going and my neighbor had no clue what I did for a living.

The Marshall sat about a block away waiting for my call to affirm the man was there. I finally saw him and called back. They arranged a SWAT team, but in a neighborhood full of children on the last day of school, this isn’t good; especially when the man may be armed and dangerous. I convinced the Marshall to hold until the man moved and to follow him out of the area before making the arrest.

When the man left the home with his cousin, I went out on an “errand” to get a good look at the man. I called back to the Marshall to go ahead and follow them out of the area. The arrest was made when they stopped for gas. Nice, clean, no one hurt, no excitement to scare people in the neighborhood. By working together, we made this happen. If you are on such a surveillance, remember to consider all of the outcomes of actions you or others on the team may take. Try to go for the best possible outcome, if you can make it happen! Also, this way, my neighbor never knew I had anything to do with it. I was out of sight when they were arrested. Always consider this when working in your “turf”.

Terry Cochran, CPP, CAS
Security Management Instructor
Ashworth University School Of Legal Studies

 
              Thanks to celinecelines for permission to use this Photo.

In this book, Professor Ewing tackles the most complex of all legal/psychological issues: the insanity defense. It has been employed thousands of times, but there is still little understanding by lawyers and psychologists of its proper use.

By analyzing some of the most well-known insanity cases in legal history, this book sheds light on the particularities of this defense; when it is successful, and when it is a sham. The casebook is an established format in which to illuminate legal questions, and yet no such book exists yet for this topic. Professor Ewing will examine 20 of the most influential and controversial insanity cases, from the recent D.C. sniper trial to Jack Ruby’s failed plea in his trial for the assassination of Lee Harvey Oswald.

The cases are all carefully chosen to illuminate different ways in which the courts have handled this defense. Throughout, the author will add his own analysis of the cases and the reasons for the verdict. (more…)

Photo courtesy of tata_aka_T

The customer is always right, isn’t that how the saying goes? Well, if you are a consultant or private investigator, you are often self-employed and need every customer you can get. The problem is that not only victims and good people hire security professionals. Criminals hire them, too.

Check out your customer. Ask questions to motivations; especially if you’re hired to follow and locate a spouse who has left home for another location. P.I.’s are sometimes hired to follow an ex-spouse when a restraining order is placed on the other spouse and a stalking charge is threatened. Once that former spouse finds out where the other person is, you may be enabling a serious act of violence or even murder. BE CAREFUL! Check existing court orders in the area where the customer lives. This will help you to determine motivations.

I have always been devil’s advocate when facing domestic issues that my gut feeling tells me could turn violent. When motivations cannot be determined, you may need to stick around and continue to watch after informing your client the whereabouts of their quarry. Make sure an act of violence is not forthcoming.

As an example: a recent client asked that we follow his spouse to locate her. She had abandoned home and children, but had filed for divorce and stayed in the area. The husband had custody of the children. When she was located, she was at a group shelter. This is extreme behavior to go to a shelter and leave the children. She was also foreign born and from a place where women do not have strong rights. Despite his apparent control of children and assets, he still wanted her found.

Our conclusion was that he might cause violence to her. A check of court orders did confirm that and our relationship with the client was severed.

Remember, go with your gut feeling, check out your client and watch for motivations. Try to do good things in all of your work, and you’ll be fine!

Terry Cochran, CPP, CAS
Security Management Instructor
Ashworth University

 
                Thanks to Ryan Junell for permission to use this Photo.

“My big picture goal is to become a detective.”  That’s something a police sergeant or lieutenant hears from every street cop. It seems few want to spend their career pushing a black and white around their beat. While working the streets is a great job, eventually you come a point that you want to do something else. Perhaps, you want to be a detective. Here’s some good advice on getting a detective spot.

Education is the best part-time job.  Your career is under your control. If it is drifting it is because you are letting it drift. So, take the wheel. A great first step is to get an undergraduate degree. Take a look at my article Criminal Justice: Why and How. Then, consider, an interview panel doesn’t care what courses you took. They aren’t going to ask you about your undergraduate class in criminological theory. However, they are going to know, and you are going to tell them that an undergraduate degree says:  

1.  You can work independently. 

2. You can work in groups. 

3. You can manage competing resources.

4. You can manage a long term plan.

5. You are capable of research

6. You can read and write at the college level.

7. You were exposed to different cultures

Doesn’t that sound like a first class detective? While you are working on your undergraduate degree work on your skills as a police officer. About halfway through my probation on the department I responded to a homicide scene. A man had been stabbed to death on a street corner. Like the typical blue suit, I put the tape up, started the log and called the detectives. They came and investigated. Even though it happened in broad daylight, no one saw a thing. (more…)

               Thanks to Bobby Zero for permission to use this Photo. 

A private investigator should be in top physical condition to cope with the physical demands that may be placed upon him when working in a security capacity in the event of an actual attack on his principal.  Swift reaction times may help ensure the safety of not only the principal, but of the agent as well.  Martial arts training will improve your reaction time and also teaches you one-step defensive moves to incapacitate an attacker.  I am often asked which style of martial arts is best for the protective service agent.  This is a very difficult question to answer, as each style has its own merits and faults.  One thing to keep in mind is that most self-defense training is, as the name implies, designed to protect oneself rather than another person. 

The skills involved in third-party protection are slightly different and must be kept in mind during training.  When seeking martial arts instruction, discuss your needs with the lead instructor and gain an understanding of the school’s main objective.  Many martial arts schools are involved in teaching sport karate or point fighting.  You need to seek training that employs strong defensive countermeasures.  You need to learn to take an aggressor out quickly, not spar with him.

Some of the most effective types of martial arts are hwarang do, jujitsu, aikido, hapkido, and kenpo.  This is not to say that other martial arts are not effective and helpful to the protective service agent.  The key to the training is the mindset of the instructor.  In many cases, you may be better served by individualized, personal instruction.  You should concentrate on the offensive/defensive movements required for this type of work, rather than the standard kata, which is a set or combination of positions and movements performed in sequence.

Larry W. Davis
Private Investigation Program Instructor
Ashworth University