Criminal Investigation

What is a Criminal Investigation?

When Do You Need A
Criminal Investigator?

• If law enforcement investigations produce little or no results
• When you need evidence gathered for criminal defense
• To collect evidence for a criminal case
• To find and interview other witnesses to a crime
• To gather impartial facts about a crime
• If you need surveillance or records searches to collect evidence

A criminal investigation is an undertaking that seeks, collects, and gathers evidence for a case or specific purpose. A criminal investigator looks for clues and evidence to determine whether a crime has taken place. If a crime has been committed, criminal investigators may look into the background of the accused and seek to uncover who committed the crime. Criminal investigators undertake several investigation techniques in order to find the necessary evidence. Police agencies are committed to criminal investigations of every kind, but a growing number of individuals are choosing to launch their own criminal investigations with the help of professional investigators.

Why Use a Criminal Investigator?

Criminal investigators operate within the law to find evidence 

Criminal defense investigators can gather evidence of wrongful conviction or accusation

Law enforcement investigators are often busy with other tasks

Criminal investigation divisions can be too short on resources to conduct a proper investigation

Exclusively dedicated criminal investigators are more persistent than law enforcement so they can provide better results

Criminal investigators are not limited by jurisdiction

Types of Criminal Investigations

Fraud investigations, crime scene investigations, sexual crime investigations, theft investigations, kidnapping investigations, assault investigations, homicide investigations, criminal defense investigations

Criminal Investigation Techniques

Interviews, crime scene photography, surveillance, background checks, document searches, statement analysis

brianblackwell.com

Forensic Statement Analysis

Businesses & Individuals Who Receive Anonymous Threating Letters

Forensic statement analysis is the process of examining a person's words to determine if he or she is truthful or deceptive.

Words reveal us. People always phrase their statements based on their knowledge and life experiences. Our words reveal our background, including our sex, race, and intelligence. Our words reveal our life experiences, including trauma and professional experiences. Our words reveal our basic personality type. The personality type can tell the investigator how to conduct the interview and how to assess the threat.

When a subject writes a statement, he or she provides more information than they realize. A person's statement will often contain information they did not intend to share. The key to detecting deception is to know what to look for in a person's statement.

Statement analysis is the most accurate way of detecting deception. When a person uses nonverbal communication, you have to read or interpret their body language. This means there is always the chance of misinterpreting. With our forensic statement analysis and advanced interviewing techniques, there is no interpreting or guesswork.

To ensure complete accuracy, the team at Brian Blackwell Investigations adheres to a well-established principle of having analysis work checked by other professionals. In the "truth" business, there is no room for ego.

Those who are the best and brightest investigators and analysts share a common humility that leads them to seek second and third opinions as a matter of routine. The "lone wolf" analyst would raise suspicion of accuracy and mistrust. The true professional analyst also submits to the discipline of principle and repetition.

As deception, corruption, and self-interest becomes more and more acceptable and popular, often stated as the "moral high ground," and institutionalized envy condemns success and authority more and more, the need for statement analysis is imperative. Courts have shown prejudice against companies, and the political elite have shown contempt for authority.

Statement analysis can be an effective investigative tool in criminal investigations and help solve sexual assault cases, theft cases, and uncover false allegations.

The team at Brian Blackwell can help in determining the author of an anonymous threatening letter. Brian Blackwell consults with analysts across the nation to identify the author of the anonymous threatening letter. All work is confidential.

For more about our Statement Analysis expertise, visit  brianblackwell.com

Differences Between Criminal and Civil Cases

The American legal system is comprised of two very different types of cases, civil and criminal. Crimes are generally offenses against the state, and are accordingly prosecuted by the state. Civil cases on the other hand, are typically disputes between individuals regarding the legal duties and responsibilities they owe one another.

Six Differences:

1. Crimes are considered offenses against the state, or society as a whole, which means that even though one person might murder another person, murder itself is considered an offense to everyone in society. Accordingly, crimes against the state are prosecuted by the state, and the prosecutor (not the victim) files the case in court as a representative of the state. If it were a civil case, then the wronged party would file the case.

2. Criminal offenses and civil offenses are generally different in terms of their punishment. Criminal cases will have jail time as a potential punishment, whereas civil cases generally only result in monetary damages or orders to do or not do something. A criminal case may involve both jail time and monetary punishments in the form of fines.



3. The standard of proof is also very different in a criminal case versus a civil case. Crimes must generally be proved "beyond a reasonable doubt," whereas civil cases are proved by lower standards of proof such as "the preponderance of the evidence," which essentially means that it was more likely than not that something occurred in a certain way. The difference in standards exists because civil liability is considered less blameworthy and because the punishments are less severe.

4. Criminal cases almost always allow for a trial by jury. Civil cases do allow juries in some instances, but many civil cases will be decided by a judge.

5. A defendant in a criminal case is entitled to an attorney, and if he or she can't afford one, the state must provide an attorney. A defendant in a civil case is not given an attorney and must pay for one, or else defend him or herself.

6. The protections afforded to defendants under criminal law are considerable, such as with the protection against illegal searches and seizures under the 4th Amendment. Many of these well known protections are not available to a defendant in a civil case.

In general, because criminal cases have greater consequences—the possibility of jail and even death—criminal cases have many more protections in place and are harder to prove.

Same Conduct Can Produce Civil & Criminal Liability

Although criminal and civil cases are treated very differently, many people often fail to recognize that the same conduct can result in both criminal and civil liability. One of the most famous examples of this is the O.J. Simpson trial. The same conduct led to a murder trial (criminal) and a wrongful death trial (civil.) In part, because of the different standards of proof, there was not enough evidence presented for a jury to decide that O.J. Simpson was guilty "beyond a reasonable doubt" in the criminal murder case. In the civil trial, however, the jury found enough evidence to conclude that O.J. Simpson wrongfully caused his wife's death by a "preponderance of the evidence."

BRIAN BLACKWELL
INVESTIGATIONS

Comprehensive Background Checks

A new nanny or babysitter, a potential tenant or renter, your child's coach, online dating, prospective business partner — in today's society, there are good reasons for wanting to verify the backgrounds of people engaged in your life. In some situations, not knowing someone's history can have dire legal, financial, and personal impacts. Instant, online background checks have become widely available and are fairly inexpensive, however, they are often quite limited in scope and not always up-to-date. Though admittedly more costly, a thorough investigation conducted by Brian Blackwell Investigations delivers more reliable, accurate and comprehensive results.

Components of our background investigation service includes:

• Social Security Number (SSN) Trace — revealing all current and reported addresses for the last 7-10 years as well as any aliases utilized by a subject
• Statewide Criminal and Civil Records Checks — conducted according to subject's address history
• County Level Criminal and Civil Records Checks — often times requires hands-searching documents in the actual courthouse of record
• DMV Records — can reveal more than driving history as they can document an individual's history of substance abuse and/or criminal activity
• Property Records — lists all real property parcels owned by an individual or business, as recorded by county tax assessors statewide
• Bankruptcy and Lien Records
• Political Contributions
• U.S. Securities and Exchange Commission (SEC) Filings
• Customized and advanced background services are also available

Background checks provide agencies and individuals with extremely important information. However, it is very important to be aware of their inherent limitations. Be aware that there is no such thing as a national criminal records check. There is one "nationwide" criminal database, the FBI database, also known as NCIC (National Crime Information Center) database. The FBI database is not public record and cannot be legally accessed by anyone other than criminal justice agencies. This is one of the reasons why we physically hand-search documents in the actual courthouse of record.

Having handled a wide range of research assignments, Brian Blackwell Investigations stands behind its ability to deliver meticulously thorough background checks in addition to diligently investigating any of your personal matters. We are sensitive to the private nature of these types of investigations and work with our clients to acquire information as quickly, quietly and efficiently as possible. We provide the information you need to protect your financial stability, safety, and most importantly, your family.

BRIAN BLACKWELL
INVESTIGATIONS

Victimology

Factors In Becoming A Victim

An important aspect of investigating a violent crime is an understanding of the victim and the relation that their lifestyle or personality characteristics may have contributed to the offender choosing them as a victim. People have the right to live how they wish - as long as they do not harm others - without becoming a victim. Yet the fact remains, that to understand the offender, one must first understand the victim.

Victims are classified during an investigation in three general categories that describe the level of risk their lifestyle represents in relation to the violent crime that has been committed. The importance of understanding this in an investigation is directly related back to the level of risk to the offender during the commission of the crime. This information is important to the investigation to better understand the sophistication or possible pathology of the offender.

High Risk Victims

Victims in this group have a lifestyle that makes them a higher risk for being a victim. The most obvious high risk victim is the prostitute. Prostitutes place themselves at risk every single time they go to work. Prostitutes are high risk because they will get into a stranger's automobile, go to secluded areas with strangers, and for the most part attempt to conceal their actions for legal reasons. Offenders often rely on all these factors and specifically target prostitutes because it lowers their chances of becoming a suspect in the crime. Therefore, in this example, the prostitute is a high risk victim creating a lower risk to the offender.
Moderate Risk Victims Victims that fall into this category are lower risk victims, but for some reason were in a situation that placed them in a greater level of risk. A person that is stranded on a dark, secluded road due to a flat tire, that accepts a ride from a stranger and is then victimized would be a good example of this type of victim level risk.

Low Risk Victims

The lifestyle of these individuals would normally not place them in any degree of risk for becoming a victim of a violent crime. These individuals stay out of trouble, do not have peers that are criminal, are aware of their surroundings and attempt to take precautions to not become a victim. They lock the doors, do not use drugs, and do not go into areas that are dark and secluded.

Below is a list of variables that should be included when gathering information on a victim

Gender & Age
Personality
Lifestyle Habits
Reputation
Risk Level
Leisure Activities
Relationships: social, sexual, family
Dating/Sexual Habits
Family/Marital Status
Employment/Income
Friends/Enemies
Life Insurance?
Medical History
Physical Handicaps
Mental Stability
Mode of Transportation
Education
Alcohol/Drug Use?
Likes/Dislikes/Fears
Previous Victim?
Criminal History?
Victim's Reaction to an Attack - Passive/Aggressive?

After all information has been gathered, a timeline of events leading up to the crime should be created to better understand how this specific individual became a victim of a violent crime.

BRIAN BLACKWELL
INVESTIGATIONS

Criminal Investigations & Methods To Achieve Justice

What Is A Criminal Investigation?

A criminal investigation is an official effort to uncover information about a crime. There are generally three ways that a person can be brought to justice for committing a criminal act. First, and usually the least likely, the individual is driven by their conscience to immediately confess. Second, the perpetrator is caught in the act. Third, and most common, a criminal investigation identifies the guilty party to the crime, after which he or she may confess or be convicted by trial.

When a crime has been committed, investigators have two primary concerns: who committed the crime and what the motive was. The reason why a person breaks a law is called the motive. The motive isn't always known after identifying the perpetrator in a criminal investigation. Sometimes the motive is suspected or known and used to catch the criminal. This is often true with crimes such as kidnappings and murders. Notes or other forms of evidence are sometimes left behind at a crime scene that help reveal the culprit and why the crime was committed.

Methods To Achieve Justice

Investigators may use a variety of methods to conduct a criminal investigation. They may use scientific techniques such as fingerprint and ballistics analysis, and even canines. A controversial method of investigation is the use of informants. Many people disagree with this practice because these individuals are generally criminals who are looking to get out of trouble or to reduce their punishments. It is therefore argued that they can be influenced to say or do whatever will please those investigating the case.

Some cases require investigation techniques that demand specialized knowledge or training that the investigators or colleagues may not have. This means that criminal investigators may have to employ others to help them. This is especially true with deoxyribonucleic acid (DNA) testing. Although this technique is common place in to day's criminal investigations, it is often performed by third-parties.

A criminal investigation does not always yield results. Sometimes suspects are accused only for it to be determined later that they are not guilty. At other times, an extensive criminal investigation may not produce any suspects. This can mean that no one will be punished for the crime that was committed.

BRIAN BLACKWELL

INVESTIGATIONS