Criminal Investigation Questions
The definition of burglary can vary between different states or jurisdictions, depending on the common law. Although the states have tried to use their own definitions of criminology, especially burglary, most definitions are still based on common law and have expanded their definitions in areas under their jurisdiction. The Common Law defines Burglary as:
“The unlawful entry of a structure in order to commit a felony or theft may include actual forcible entry, unlawful entry where no force is used, or attempted forcible entry” (F.E. Hagan)
Theft is the act of permanently depriving an owner of their property without their consent. The property can be goods, money or any object of value. Theft must be actually committed to consider it a prosecutable crime. On the other hand, any person who enters a building without permission intending a felony or a theft constitutes a burglary, regardless of the fact that the building is vacant, unoccupied or occupied. The defendant must enter or be inside the building without permission to be convicted of burglary. Even if the suspect has not committed theft or felony, a crime of burglary can still be registered if the suspect enters a building or a vehicle. Furthermore, any tool, object, or explosive normally used in committing theft, burglary, or other crimes that can be used to commit that crime also makes one liable to be convicted of burglary (Girard). For example, if someone commits the act of taking another person’s bicycle from the road, it would constitute theft. If that person enters an unlocked or locked garage in order to search for the other person’s bicycle, intending to steal it, even without being successful, it would constitute a burglary.
Follow-Up Interview of a Witness in Forcible Rape Cases
To investigate a sexual assault or forcible rape case. All possible witnesses must be interviewed. Any witnesses that could speak to the victim’s emotional state or state of mind must be included. Any corroborating witnesses, such as a neighbour or a passerby who could have seen aspects of the assault, such as a scream, should be included. For instance, someone, an attendant at the gas station, saw the victim crying in her car. Any witnesses who might have left the crime scene prior to the arrival of the officer should also be identified. The victim, the first person who was told about the assault, should also be interviewed and identified. To confirm the credibility of the victim’s account, this person can be used as a witness, therefore it can be important in cases the suspect denies any forcible act of rape.
The investigator can also take assistance from a previous rape victim of the suspect as a witness to corroborate the account of the victim when interviewing both the victim and the witness. Witnesses who had any contact with the victim after reporting the assault or after the assault itself should also be interviewed. Furthermore, those witnesses who can negate or corroborate the suspect’s statements must be included, and the probative value of the statements must be determined by the witness, the victim, and the offender (IACP). Once the necessary witnesses have been identified, the follow-up interviews that are conducted for the witnesses of the act of forcible rape should focus on whether the statements are corroborative or supportive of the victim’s account of the rape.
If the identity of the rapist is not known, then the follow-up interview from a witness of the rape should focus on whether the witness heard anything from the victim in which he or she could remember the circumstances of the rape that could potentially lead to identifying therapists’ characteristics. It is also important to note that some victims or witnesses may be unable or unwilling to participate in the interview, therefore a previous victim who can be a potential witness can be interviewed at a later time to support or corroborate the account of the prime victim.
Works Cited
F.E. Hagan. “Introduction to Criminology: Theories, Methods and Criminal Behaviour.” Ed. 9th. Thousand Oaks, CA, 2017. 247.
Girard, Paul J. “Burglary Trends, and Protection.” Journal of Criminal Law and Criminology 50.5 (1960): 511-518. <https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=4890&context=jclc>.
IACP. Investigating Sexual Assaults. Concepts and Issues Paper. Washington St., Alexandria, VA: International Association of Chiefs of Police, 2005. <http://www.ncdsv.org/images/InvestigatingSexualAssaultsConceptsIssues.pdf>.
