Investigation Procedures

Star Fleet Criminal Investigation Procedures

INTRODUCTION

The purpose of this document shall be to provide a general overview of the current investigative Standard Operating Procedures used by Star Fleet Security and the Star Fleet Security & Investigative Service (SFSECIS).

Crime vs. Minor Offense

The scope of this document is focused on criminal activities, those under the purview of the Star Fleet Judge Advocate General's Office and adjudicated under a Court Martial if appropriate, under the SFUCMJ.

The term “minor offense” means misconduct normally handled by Commanding Officers under Article 15/Captain's Mast, as per the Star Fleet Uniform Code of Military Justice and thus do not fall into the scope of this document.

Disclaimer

This content is meant to be used in "ASR" (Alt.Starfleet.RPG) an online role-playing game, and not intended to be legal advise for the real world. While the goal is to provide accurate information, the author is not a law enforcement officer or attorney and those seeking legal advise should consult a non Star Fleet professional.

CRIME SCENE

Star Fleet Security Officers are usually the first on the scene, where they may stop a crime in progress and apprehend offenders or suspects. If the crime was already committed, Star Fleet Security & Investigative Service Agents (SFSECIS) try to piece together exactly what happened. Either way, they follow a process to gather evidence in support of a criminal charge and conviction.

CRIME SCENE MANAGEMENT

Level 1 Crime Scene Priorities

• To protect the lives and safety of all Star Fleet personnel and civilians present at the crime scene.

Level 2 Crime Scene Priorities

• Identify, gather and preserve (photograph) the evidence
• Collect latent evidence such as fingerprints, chemicals and bodily fluids
• Conduct interviews with witnesses, question potential suspects
• Establish reasonable grounds to identify and arrest suspects
• Accurately record and document the crime scene to notes and reports
• Recover any stolen property (if applicable)
• Resume normal ship/star base operations as quickly as possible

Active Crime Scene

• The criminal act is or may still be in progress at the scene.
• The suspect is or may still be at the scene of the event.
• The situation is, or may be, a danger to the life or safety of a person, including the life or safety of responding Security Officers.

Inactive Crime Scene

• The criminal act has concluded at the scene.
• The suspect or suspects have left the scene or have been arrested or detained.
• The situation at the scene no longer represents a danger to the life or safety of a person, including Security Officers.

EVIDENCE

The term “evidence,” as it relates to investigation, speaks to a wide range of information sources that might eventually inform the court to prove or disprove points at issue before the trier of fact. Sources of evidence can include anything from the observations of witnesses to the examination and analysis of physical objects. It can even include the spatial relationships between people, places, and objects within the timeline of events. From the various forms of evidence, the court can draw inferences and reach conclusions to determine if a charge has been proven beyond a reasonable doubt.

INVESTIGATION

To understand the process of investigation, it is necessary to comprehend the distinction between investigative tasks and investigative thinking.

Investigative Tasks

Investigative tasks relate to identifying physical evidence, gathering information, evidence collection, evidence protection, witness interviewing, and suspect interviewing and interrogation.

Investigative Thinking

Investigative thinking is aimed at analyzing the information collected, developing theories of what happened, the way an event occurred, and establishing reasonable grounds to believe.

Suspects

Reasonable suspicion and probable cause are two very important legal concepts in a criminal case. They could have a direct impact on whether the police have the authority to detain you, arrest you, and take other actions in your case. An experienced criminal defense attorney may be able to prove that law enforcement officials lacked reasonable suspicion or probable cause as a way to get the charges against you dismissed or reduced to a less serious offense.

Reasonable Suspicion

Reasonable suspicion is the legal standard that the police must meet in order to briefly detain a person and search him for a weapon. This standard is not as high as for probable cause. The police must have reasonable suspicion that a person has committed a crime, is currently in the process of committing a crime, or plans to commit a crime.

Reasonable suspicion must be based on more than a hunch. It must be established by the circumstances or facts at the time a person is detained and the officer’s training and experience. Reasonable suspicion exists when an objectively reasonable police officer would suspect that a crime has been, is, or will be committed.

Probable Cause

Under the The Charter of the United Federation of Planets, people are protected from unreasonable searches or seizures or the issuance of a search warrant without probable cause. In order to establish probable cause to arrest someone, the Security Officers/SFSECIS must have sufficient knowledge of facts or evidence that would lead a reasonable person to believe that a crime has been, is, or will be committed and that the person being investigated committed the offense. Arrests made with or without a warrant must be based on probable cause.

A higher standard is required to establish probable cause than reasonable suspicion. It cannot be shown based on a suspicions or a guesses. It must be based on facts and hard evidence. In some cases, sufficient probable cause can develop after detaining someone based on reasonable suspicion.

Means - Motive - Opportunity

• Means (ability to perform the crime)
• Motive (reason to commit the crime)
• Opportunity (did the alleged suspect have the opportunity or did something make it easy for them to commit the crime)

Forensic Experts

Scientific discoveries in a wide range of disciplines have contributed to the development and evolution of forensic specialities in:

• Physical matching
• Chemical analysis
• Fingerprints
• Barefoot morphology
• Odontology
• Toxicology
• Ballistics
• Hair and fibre
• Biometric analysis
• Entomology
• DNA analysis

LABRATORY

After evidence is collected at the scene, work continues in the lab. Forensic specialists analyze the evidence to help Security and SFSECIS with the investigation. While they may help gather evidence on the scene, their particular skills are evident in the analysis they perform after evidence is collected.

COURT ROOM

In the trial of a person charged with an offence in a criminal court proceeding, the judge will hear the evidence and arguments presented by both the prosecution and the defence. The prosecution and the defense exist in court in an adversarial relationship with the onus resting with the prosecution to prove the facts of the case beyond a reasonable doubt. The defense may challenge the evidence, question the testimony and the credibility of witnesses, and present alternate theories of events or evidence, where the accused person could be considered not responsible or sometimes less responsible for the alleged offence.

Members of a Court Martial

• Presiding Judge or Tribunal
• Defendant(s)
• Trial Counsel(s) (Prosecutor in civilian courts) (May work independently or in teams of two)
• Defense Counsel(s) (May work independently or in teams of two)
• Jury
• Court Reporter
• Security Officer(s)

BURDEN OF PROOF

Proof beyond a reasonable doubt is the standard measure of proof that the criminal court will apply when determining if evidence presented by the prosecution is sufficient to convict the person charged with an offence. If the evidence is sufficient, and the burden of proof has been satisfied, the court may convict the accused. In these cases, the onus to prove all the elements of the charge rests completely with the prosecution. The accused person is not required to prove that they are innocent.

WORKS CITED

• Introduction to Criminal Investigation: Processes, Practices and Thinking by Rod Gehl

UPDATE HISTORY

SD 351102 - Created by Michael Dailey