Discuss the evolution of criminal investigations, starting from ‘Locard’s Exchange Principle’ in Forensic Science and ex

b Sir Robert Peel (1788– 1850), whose efforts led to the establishment of the London Metropolitan Police in 1829. English police offi cers are still referred to as “Bobbies,” a play on Peel’s fi rst name.

(© The Granger Collection, New York)

1 The Evolution of Criminal Investigation and Forensic Science

C H A P T E R O B J E C T I V E S

1. Defi ne “ investigator. ”

2. Defi ne the most fundamental purpose of

investigation.

3. State four additional objectives of the investigative

process.

4. Explain the importance of the Bow Street Runners.

5. Discuss the contribution of Sir Robert Peel’s reform

to early policing in the United States.

6. Explain the history and contributions of the Pinkerton

National Detective Agency.

7. Identify the fi rst major federal investigative agencies

and their responsibilities.

8. Explain the Supreme Court’s “due process revolution”

and its impact on policing.

9. Discuss Bertillon’s method of anthropometry.

10. Summarize the historical development of fi ngerprint

identifi cation.

11. Explain the concept and practice of DNA typing.

12. Outline the milestones in the development of

fi rearms identifi cation.

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2

| I N T R O D U C T I O N

An investigator is someone who gathers, documents, and evaluates evidence and information. This is accomplished through the process of investigation. The most fundamental

purpose of criminal investigation and forensic science is to discover the truth. By making this pu r pose the cornerstone of their behavior, investigators can remain faithful to their oath of offi ce and the accompanying ethical standards. Four additional objectives of the investigative process are to (1) establish that a crime was actually committed; (2) identify and apprehend the suspect(s); (3) recover stolen property; and (4) assist in the prosecution of the person(s) charged with the crime.

JURISDICTION

The authority of law-enforcement offi cers is limited by such factors as the Constitution, court decisions, federal and state laws, departmental policies, and jurisdiction, which can be thought of as both a geographical area and the laws for which an agency has enforcement responsibility. The general rule is that the geographic jurisdiction of police offi cers is limited to the area governed by their employer. Law-enforcement offi cers employed by state agencies and county, as well as metropolitan and city police departments, follow this general pattern. Depend- ing on the state, Sheriffs’ deputies and county police departments usually patrol the unincorporated portions of a county, although by contract they may provide law- enforcement services to municipalities. Sheriff’s deputies may or may not have jurisdiction outside their home counties. Investigations beyond the governing authority’s geographical boundaries usually are conducted with the assistance of the appropriate law-enforcement agency. Some states have statutorily extended the jurisdiction of peace offi cers—for example, allowing investigation beyond their normal jurisdi c tion for offenses committed within the investigating offi cers’ regular jurisdiction, when viewing serious misdemeanors or felonies, or assisting another law-enforcement offi cer. The FBI provides a good illustration of enforcement responsibility . It has primary enforcement responsibility for all federal criminal laws, except cases for which respon- sibility is by statute or otherwise assigned specifi cally to another agency. As a practical matter the enforcement responsibility of the FBI is limited to roughly 200 laws.

CRIMINAL INVESTIGATION AND FORENSIC SCIENCE

For present purposes, the roots of criminal investigation can be traced back to England in the eighteenth century, a p e riod marked by signifi cant social, political, and economic changes. These changes were important to the develop- ment of the fi rst modern detective force, the Bow Street

Runners . In addition, London was the home of the fi rst police reformer, Robert Peel. Both of these factors contrib- uted to the subsequent development of police organiza- tions and criminal investigation in the United States. Forensic science draws from diverse disciplines, such as geology, physics, chemistry, biology, and mathematics, to study physical evidence related to crime. If it is sus- pected that a pe r son has died from poisoning, for exam- ple, a toxicologist, who specializes in identifying poisons and their physiological effects on humans and animals, can assist in the investigation. Experts in other areas, such as botany, forensic pathology, entomology, and archaeology, may also provide helpful information to criminal investig a tors. Over hundreds of years many people have made con- tributions to the fi elds of criminal investigation and forensic science. To recognize all of them is beyond the scope of this chapter and requires setting some limits. This chapter presents a brief history of criminal investiga- tion and forensic science. Many volumes have been wri t- ten about these entwined topics, but the space that can be devoted to them here is limited. Suffi cient broad per- spectives and supporting details, however, are included

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T H E E V O L U T I O N O F C R I M I N A L I N V E S T I G AT I O N 3

and by 1785 at least four of the Bow Street Runners were no longer volunteers but paid government detectives. 3

THE METROPOLITAN POLICE ACT OF 1829

In 1816, 1818, and again in 1822, England’s Parliament rejected proposals for a centralized professional police force for London as different political philosophies clashed. One group argued that such a force was a direct threat to personal liberty. The other group—composed of reformers such as Jeremy Bentham and Patrick Colquhoun—argued that the absence, rather than the presence, of social control was the greater danger to per- sonal liberty. Finally, in 1829, owing in large measure to the efforts of Sir Robert Peel , Pa r liament passed the Metropolitan Police Act , which created a metropolitan police force for London. Police headquarters b e came known as “Scotland Yard,” because the building formerly had housed Scottish royalty. Police constables were referred to as “Bobbies,” a play on Peel’s fi rst name. 4 Because French citizens had experienced oppression under centralized police, the British public was suspi- cious of, and at times even hostile to, the new force. In response to the high standards set for the police force, there were 5,000 dismissals and 6,000 forced resignations from the force during the fi rst three years of operations. 5 This record was a clear indication to the public that police admi n istrators were requiring offi cers to maintain high standards of conduct. Within a few years, the London Metropolitan Police had won a reputation for fairness, and it became the international model of professional policing. Despite the growing popularity of the uni- formed Bobbies, however, there was fear that the use of “police spies” —detectives in plain clothes—would reduce civil liberties. In the years immediately following 1829, some Metro- politan Police constables were temporarily relieved from patrolling in uniform to investigate crimes on their beats. 6 As the distin c tion between the use of uniformed consta- bles to prevent crime and the use of plai n clothes detec- tives for investigation and surveillance became clear, the public became uneasy. Illustratively, in 1833, a Sergeant

Popay was dismissed following a parliamentary investi- gation that revealed that he had infi ltrated a radical group, acquired a leadership pos i tion, and argued for the use of violence. In 1842, a regular detective branch was opened at Scotland Yard ( Figure 1-1 ), superseding the Bow Street force. 7 Initially, the detective force was limited to no more than 16 investigators, and its operations were restricted because of a distrust of “clandestine methods.” 8

AMERICAN INITIATIVES

The success of Peel’s reform in England did not go unno- ticed in the United States. Stephen Girard bequeathed $33,190 to Philade l phia to develop a competent police force. In 1833 Philadelphia passed an ordinance creating

Introduction

Jurisdiction

Criminal Investigation and Forensic Science

The Evolution of Criminal Investigation

Historical Milestones of Forensic Science

Recent Developments

C H A P T E R O U T L I N E

in this chapter to enable readers intrigued by these sub- jects to independently pursue their interest armed with a working knowledge of the b a sics.

THE EVOLUTION OF CRIMINAL INVESTIGATION

THE IMPACT OF THE AGRICULTURAL AND INDUSTRIAL REVOLUTIONS

During the eighteenth century, two events—an agricul- tural revolution and an industrial revolution—began a process of change that profoundly affected how police services were delivered and investigations conducted. Improved agricultural methods, such as the i n troduction in 1730 of Charles Townshend’s crop rotation system and Jethro Tull’s four-bladed plow, gave England increased agricu l tural productivity in the fi rst half of the eighteenth century. 1 Improvements in agriculture were essential pre- conditions to the Indu s trial Revolution in the second half of the eighteenth century, because they freed people from farm work for city jobs. As the popul a tion of England’s cities grew, slums also expanded, crime increased, and disorders became more fr e quent. Consequently, public demands for go v ernment to control crime grew louder.

THE FIELDINGS: CRIME INFORMATION AND THE BOW STREET RUNNERS

In 1748, Henry Fielding became chief magistrate of Bow Street and set out to improve the administration of jus- tice. In 1750, he esta b lished a small group of volunteer, non-uniformed home owners to “take thieves.” Known as the “Bow Street Runners,” these Londo n ers hurried to the scenes of reported crimes and began investigations, thus becoming the fi rst modern detective force. By 1752, Fiel d ing began publishing The Covent Garden Journal as a means of circulating the descriptions of wanted persons. On his death in 1754, Henry Fielding was succeeded by his blind half-brother, John Fielding , who carried on Henry’s ideas for another 25 years. 2 Under John Fielding, Bow Street b e came a clearinghouse for information on crime,

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4 C H A P T E R 1 T H E E V O L U T I O N O F C R I M I N A L I N V E S T I G AT I O N A N D F O R E N S I C S C I E N C E

America’s fi rst paid, daylight police force. Although the ordinance was repealed just three years later, the concept of a paid police force would reappear as American cities staggered under the burdens of tremendous population growth, poverty, and massive crime. In 1836 New York City rejected the n o tion of a police force organized along the lines advocated by Peel. The committee studying the idea concluded it was better in eme r gencies to rely on citizens than “despotic governments.” 9 Thus, before mid-century, few American cities had police service, and those that existed were i n adequate. Many cities had paid police departments only at night or treated day and night police services as entirely separate organizations. Finally, in 1844 the New York state legisla- ture created the fi rst unifi ed police force in the country, although New York City did not actually implement the measure until a year later. Other cities rapidly followed

m F IGURE 1-1 New Scotland Yard

In 1890 the Metropolitan Police left their original quarters and were housed in New Scotland Yard, pictured above. Subsequently, in 1967 the Metropolitan Police moved again, to their present facilities, which are also referred to as New Scotland Yard.

New York’s lead: Chicago in 1851, New Orleans and Cincinnati in 1852, and Baltimore and Newark in 1857. By 1880 vi r tually every major American city had a police force based on England’s Peelian reforms of 1829 and pioneered in this country by New York City. If one of the problems of the London Metropolitan Police had been getting the public to accept some con- stables’ working out of un i form as detectives, in the United States the problem was getting the police to wear uniforms in the fi rst place. American offi cers b e lieved that a uniform made them easy targets for public harass- ment and made them look like servants. Only after the Civil War did the wearing of a uniform—invariably Union blue—become widely accepted by American police offi cers.

PINKERTON’S NATIONAL DETECTIVE AGENCY

America needed reliable detectives for several reasons: (1) graft and corruption were common among America’s big-city p o lice offi cers; (2) the jurisdiction of sheriffs’ offi ces and munic i pal offi cers was limited; and (3) there was little information sharing by law-enforcement agen- cies. Thus, offenders often fl ed from one jurisdiction to another with i m punity. Information sharing has vastly improved in the last 150 years but is an area that still requires further development. In 1846 seeing the need for reliable investigators, two former St. Louis police offi cers formed the fi rst recorded private detective agency. 10 However, the major private detective agency of the nineteenth century was formed by Allan Pinkerton (1819–1884, Figure 1-2. ). In 1850, after working as a Chicago detective and a U.S. mail agent, 11 Pinkerton formed a private detective agency with attor- ney Edward Rucker. 12 Pinkerton’s trademark was an open eye above the slogan “We never sleep.” 13 The trade- mark gave rise to the use of the term “private eye” in reference to any private investigator. 14 The Pinkertons enjoyed such enormous success in the United States and throughout the world that some people thought “Pinkerton” was a nickname for any American govern- ment detective. 15 The list of achievements by Pinkerton is impressive. Pinkerton reportedly discovered and foiled an assassina- tion attempt on Pres i dent-elect Lincoln in Baltimore. 16 At the outbreak of the Civil War in 1861, Pinkerton orga- nized a Secret Service Division within the army (not to be confused with the U.S. Secret Service) and worked closely with General McClellan. 17 He infi ltrated Confed- erate lines in disguise on several occasions and usually functioned as a mil i tary analyst. 18 Following the Civil War, the Pinkertons were primarily engaged in two broad areas: (1) controlling a discontented working class, which was pushing for better wages and working conditions, and (2) pursuing bank and railroad robbers. 19 Unrestricted by jurisdi c tional limits, Pi n kerton agents roamed far and wide pursuing lawbreakers. In a

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T H E E V O L U T I O N O F C R I M I N A L I N V E S T I G AT I O N 5

violent time, they sometimes used harsh and unwise methods. For instance, suspecting that they had found the hideout of Jesse James’s gang, Pinkerton agents lobbed in a 32-pound bomb, killing a boy and injuring a woman. 20 Pinkerton understood the importance of information, records, and publicity and made good use of all of them. For example, in 1868, Pin k erton agent Dick Winscott took on the Reno gang. Winscott located Fred and John Reno and, after a drinking bout, persuaded them to let him

m F IGURE 1-2 Pinkerton at work

Allan Pinkerton, President Lincoln, and General McClellan at Antietam, Maryland, about October 3, 1862. Born in Scotland, Allan Pinkerton was the son of a police sergeant. He found e m ployment as a barrel maker and advanced to supervisor. At the same time, this red-headed, strong-willed man advocated more voice in government for ordinary people, a position that resulted in him becoming a wanted man. Narrowly avoiding arrest on his wedding day, Pinkerton and his wife fl ed to America, surviving a shipwreck while en route. He started a successful barrel-making company. While owner of that business, his initiative led to the arrest of counterfeiters. This gave him an appetite for police work, his father’s profession, and changed his life and American poli c ing forever. (Courtesy Pinkerton’s Archives)

photograph them. 21 He sent the photographs to Pinkerton fi les, and within a year the Reno gang was smashed. 22 Pin k erton also collected photographs of jewel thieves and other types of criminals and photographed horses to pre- vent illegal substit u tions before races. 23 The Pinkertons also pushed Butch Cassidy (Robert Parker) and the Sun Dance Kid (Harry Longabaugh) into leaving the United States for South America, where they were reportedly killed by Bolivian soldiers at San Vincente in 1909 ( Fig- ure 1-3 .) Because of their better-known antilabor activi- ties, the Pinkertons’ other work often is overlooked. But they were the only consistently competent detectives available in this country for over 50 years 24 and provided a good model for government d e te c tives.

m F IGURE 1-3 Butch Cassidy’s Pinkerton record

Note the “P.N.D.A.” initials on the fi rst line, which stand for Pinkerton National Detective Agency. Pinkerton agents were highly successful in combating the bank and train robbers of the Old West, such as the Hole in the Wall gang, so named because of the small opening through rocky walls that led to the valley in Johnson County, Wyoming, used as their hideout. As many as 40 bandits may have lived there in six cabins. Butch Cassidy and the Sun Dance Kid were both members of the Hole in the Wall gang at various times. (Courtesy Wyoming State Archives and Historical Department)

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6 C H A P T E R 1 T H E E V O L U T I O N O F C R I M I N A L I N V E S T I G AT I O N A N D F O R E N S I C S C I E N C E

b F IGURE 1-4

NYPD rogues’ gallery

Uniformed offi cers of the New York City Police Department maintaining a rogues’ gallery in the detective bureau, circa 1896. Police departments have used rogues’ galleries since the late 1850s. (Library of Congress)

THE EMERGENCE OF MUNICIPAL DETECTIVES

As early as 1845 New York City had 800 plainclothes offi – cers, 25 although not until 1857 were the police authorized to designate 20 patrol offi cers as detectives. 26 In November 1857 the New York City Police Department set up a rogues’

gallery ( Figure 1-4 )—photographs of known offenders arranged by criminal specialty and height—and by June 1858, it had over 700 photographs for dete c tives to study so that they might recognize criminals on the street. 27 Photographs from rogues’ galleries of that era reveal that some offenders grimaced, puffed their cheeks, rolled their eyes, and othe r wise tried to distort their appearance to lessen the chance of later recognition. To assist detectives, in 1884 Chicago established this country’s fi rst municipal Criminal Identifi cation Bureau. 28 The Atlanta P o lice Department’s Detective Bureau was organized in 1885 with a staff of one captain, one ser- geant, and eight detectives. 29 In 1886 Thomas Byrnes, the dynamic chief detective of New York City, published Pro- fessional Criminals in America, which included pi c tures, descriptions, and the methods of all criminals known to him. 30 Byrnes thereby contributed to information sharing among police departments. To supplement the rogues’ gallery, Byrnes instituted the Mulberry Street Morning

Parade . At 9 o’clock every morning, all criminals arrested in the past 24 hours were marched before his detectives, who were expected to make notes and to recognize the criminals later. 31

FEDERAL AND STATE DEVELOPMENTS

From its earliest days, the federal government employed investigators to detect revenue violations, but their respon- sibilities were na r row and their numbers few. 32 In 1865 Congress created the U.S. Secret Service to combat coun- terfeiting. In 1903—two years after President McKinley was a s sassinated by Leon Czolgosz in Buffalo—the previ- ously informal arrangement of guarding the president was made a permanent Secret Service r e sponsibility. 33 In 1905 the California Bureau of Criminal Identifi ca- tion was set up to share information about criminal activ- ity, and Pennsylvania governor Samuel Pennypacker signed legislation creating a state police force. Widely regarded then by labor as “strikebusters on manage- ment’s side,” the Pennsylvania State Police nevertheless was the prototype for modern state police organiz a tions ( Figure 1-5 ). New York and Michigan in 1917 and Dela- ware in 1919 adopted the state police concept. Since then, state police forces have assumed the function of provid- ing local p o lice with help in investigations. Although Virginia, Kentucky, and Arkansas have a State Police, there are none in the deep South. To a large degree, their use in that area has been foiled by politically potent sheriffs seeking to maintain autonomy. Where State Police agencies do not exist, a common arrangement is to have a department that focuses pri- marily on traffi c enforcement and another for criminal investigation—for example, in North Carolina there is a

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c F IGURE 1-6 Bonnie Parker

Texas-born Bonnie Parker (1910–1934) was part of the murderous Barrow gang, which robbed and murdered its way across

Oklahoma, Missouri, Texas, and New Mexico. In 1930, she smuggled a gun into the Waco (Texas) County Jail, helping Clyde

Barrow and a companion to escape. From 1932 until 1934, Bonnie and Clyde left a deadly trail before they were stopped. (Courtesy FBI)

T H E E V O L U T I O N O F C R I M I N A L I N V E S T I G AT I O N 7

m F IGURE 1-5 The Pennsylvania State Police

Troop D, Pennsylvania State Police, Punxsutawney, Pennsylvania, 1906. Note that both plainclothes and un i formed personnel are represented. (Courtesy Pennsylvania State Police)

State Highway Patrol and the State Bureau of Investigation (SBI). In such arrangements the crime laboratory may be a separate department or part of the state investigative agency. Similarly, casino gaming enforcement may be a function of a state police agency or a state gaming commi s sion. After Prohibition was adopted nationally in 1920, the Bureau of Internal Revenue was responsible for its enforcement. Eventually the ranks of the bureau’s agents swelled to a massive 4,000. 34 Because the Bureau of Inter- nal Revenue was lodged in the Department of the Trea- sury, these federal agents were referred to as T-men. In 1908 U.S. Attorney General Charles Bonaparte cre- ated the embryo of what was later to become the Federal Bureau of Investig a tion (FBI) when he ordered that inves- tigations were to be handled by a special group. In 1924 J. Edgar Hoover (1895–1972) assumed leadership of the Bureau of Investigation; 11 years later Congress passed a measure giving the FBI its present designation. When Prohibition was repealed by the Eighteenth Amendment to the U.S. Constitution in 1933, many for- mer bootleggers and other crim i nals turned to bank rob-

bery and kidnapping. 35 During the Depression, some people saw John Dillinger, “Pretty Boy” Floyd, and Bonnie and Clyde ( Figures 1-6 and 1-7 ) “as plain folks” and did not grieve over a bank robbery or the kidnapping of a

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8 C H A P T E R 1 T H E E V O L U T I O N O F C R I M I N A L I N V E S T I G AT I O N A N D F O R E N S I C S C I E N C E

millionaire. 36 Given the restricted roles of other federal investig a tive agencies, it became the FBI’s role to deal with these criminals. Under Hoover, who understood the importance and uses of information, records, and publicity as well as Allan Pinkerton had, the FBI became known for investi- gative effi ciency. In 1932, the FBI established a crime laboratory and made its services available free to state and local police ( Figure 1-8 ). In 1935 it started the National

Academy, a training course for state and local police. In 1967 the National Crime Information Center (NCIC) was made

operational by the FBI, providing data on wanted persons and property stolen from all 50 states. Altogether, these developments gave the FBI considerable infl uence over law enforcement throughout the country. Although some people argue that such federal infl uence is undesirable, others point out that Hoover and the FBI strengthened police practices in this country, from keeping crime sta- tistics to improving investigation. The Harrison Act (1914) made the distribution of non- medical drugs a federal crime. Enforcement responsibil- ity was initially given to the Internal Rev e nue Service, although by 1930 a separate Federal Bureau of Narcotics (FBN) was established in the Treasury Department. In 1949 a federal commission noted that federal narcotics enforcement was fragmented among several agencies, including the Border Patrol and Customs, resulting in duplication of effort and other ills. In 1968 some consoli- dation of effort was achieved with the creation of the Bureau of Narcotics and Dangerous Drugs (BNDD) in the Department of Justice, and in 1973, with the creation of its successor, the Drug Enforcement Administration (DEA) . Today the DEA devotes many of its resources to fi ght- ing international drug traffi c. Like the FBI, the DEA trains state and local police in investigative work. The training focuses on recognition of illegal drugs, control of drug pur- chases, surveillance methods, and handling of i n formants. In 2002 several federal agencies were consolidated to form Immigration and Customs Enforcement (ICE) in the Department of Homeland Security (DHS).

THE POLICE AND THE U.S. SUPREME COURT

As the highest court in this country, the Supreme Court is obligated to review cases and to make decisions that often have considerable impact. From 1961 to 1966, a period known as the “due process revolution,” the

m F IGURE 1-7 Clyde Barrow

Clyde Barrow (1909–1934) was captured after his escape from the Waco County Jail and served two years in prison. Upon his release, he and Bonnie began their rampage. Outside of Black Lake, Louisiana, they were killed by law- enforcement offi cers who had persistently been pursuing them. (Courtesy FBI )

b F IGURE 1-8

FBI crime laboratory

In 2003 the FBI occupied its 463,000 square foot state-of-the-art crime laboratory, which cost $130 million. (© AP Photo/Charles Dharapak)

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