Professional Documents
Culture Documents
October 1996
October 1996
October 1996
Department of Justice
Federal Bureau of Investigation
OCTOBER 1996
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October 1996
Volume 65
Number 10
United States
Department of Justice
Federal Bureau of
Investigation
Washington, DC
20535-0001
Louis J. Freeh
Director Features
Contributors' opinions and
statements should not be
considered as an
a
endorsement for any policy,
program , or service by the Online Services for Law enforcement officers can use
FBI. online services to gather intelligence,
Law Enforcement conduct research, exchange
The Attorney General has
determined that the By Timothy M. Dees information, and reach out to their
publication of this periodical is
necessary in the transaction constituents.
of the public business
required by law. Use of funds
for printing this periodical has Statement Analysis In statement analysis, investigators
been approved by the examine words, independent of case
Director of the Office of By Susan H. Adams
Management and Budget. facts, to detect deception.
Editor
Kathryn E. Sulewski
Art Director Departments
John E. Ott
Associate Editors
Andrew DiRosa
Julie R. Linkins
Kimberly J. Waggoner 8 Point of View 27 UnusualVVeapon
Assistant Art Director Civilian Commanders Concealed Pistol
Brian K. Parnell
Staff Assistant
Linda W. Szumilo 21 Focus on Information
Resources
Internet Address:
leb@fbi.gov Violent Gang and Terrorist
Cover photo Organizations File
© Bob Leverone ,
The Charlotte Observer
A
small police department in vendor of the vehkles. The lieuten- Strathclyde Police in Scotland that
the Midwest experiences ant learns that due to inadequacies in he "met" in an online fomm. The
difficulty with the brakes the police package, the manufac- Strathclyde police officer locates the
installed on its patrol cars. Officers turer will perform remedial repairs fugitive within a few days. Today,
complain of rapid brake fade, and and upgrades at no cost-informa- these same officers use the online
repairs are made frequently and at tion that the local dealer who serv- service to facilitate a program they
substantial cost. A lieutenant from iced the department's patrol cars did initiated that donates soft body ar-
the department, who subscribes to not have. The lieutenant goes to his mor from retired officers in the
an online service, posts the informa- chief with a cost-saving solution to United States to those in the United
tion on a fomm restricted to indi- the brake problem. Kingdom, where the items are both
viduals with a personal or profes- A rapist in Las Vegas, Nevada, expensive and difficult to obtain.
sional interest in public safety. flees after being released on bail. A As these officers have discov-
Within a day, this message gen- lieutenant with the Las Vegas Met- ered, access to the online community
erates replies from officers in other ropolitan Police Department learns provides law enforcement agencies
parts of the country with similar from an FBI agent that the subject with the tools they need to serve their
problems, a writer who reviews has surfaced in Scotland. The lieu- communities more effectively. Un-
police vehicle performance, and a tenant contacts a detective with the fortunately, many police agencies
"
and the availability of these files is
one of the biggest attractions of
Mr. Dees, a former Reno, Nevada, police officer, now teaches criminal some systems. Many systems con-
justice at Floyd College in Rome, Georgia. He can be reached on the tain graphics files, which include
Internetat tim_ dees@floyd.fc.peachnet.edu.
clip art images, news and personal
"
law enforcement-related bulletin contains them, often a commercial
boards is that of the SEARCH Many law provider that rents space on its
Group in Sacramento, California. 2 enforcement server" for the user's home page.
agencies maintain Criminal justice organizations
LISTSERVS bulletin boards as at every level have discovered the
Because they require only an e- public relations tools. value of the Web and have con-
mail connection, listservs represent structed their own home pages.
one of the more cost-effective meth- Some states have made their crimi-
ods for networking with criminal nal statutes available, and the en-
justice professionals around the
world. A listserv is a type of mailing
list sent to users who request it.
Sometimes, users "lurk," or
INTERNET FEATURES
"
With its vast collection of com-
puter networks worldwide, the
tire U.S. Code can be accessed at
http://www. pls.com:8001lh is/
usc.html.
Some local law enforcement
simply read the message traffic pas- Internet can provide users access to agencies use the WWW as a com-
sively; in other cases, they take an a wide variety of online resources. munity relations tool, posting photos
active role. Discussions take place Whether participating in an online of officers, department activities,
as members of the listserv post ques- discussion group or downloading a notice of neighborhood meetings,
tions or comments to other subscrib- news article from the World Wide crime prevention tips, and the like.
ers. Listservs also can be used to Web, criminal justice professionals In fact, because some of the major
post information of interest to mem- can gather critical information from word-processing software packages
bers, such as an upcoming training this ever-expanding database. now include HTML add-ons that
event or a job opening. translate regular text into this spe-
Some listservs are moderated; The World Wide Web cialized computer language, even in-
that is, the list owner sees each mes- The World Wide Web (WWW) dividuals with less-than-cutting-
sage and decides whether to send it has been called the fastest-growing edge technical skills can construct
on to the subscribers. The list owner aspect of the Internet. The WWW is their own Web pages.
also can edit messages before send- a graphically oriented network of Viewing WWW pages requires
ing them. "pages" that contain text, still and special software to translate the
One of the more popular law full-motion graphics, sound files, HTML code into something the
enforcement-related listservs is and links to other pages. These links user's computer recognizes. Most of
POLICE-L, which is run by a allow users to tab or click on a line the commercial online services now
former New York auxiliary police of text and instantly be sent to the offer this type of software at no ex-
officer who now serves with the Or- page connected to that link, no mat- tra cost as part of their sign-up
ange, Connecticut, Police Depart- ter how far away. Physical distance packages.
______________________________________________________________________ October1996/3
Unfortunately, the level and groups, called newsgroups, of every computer crime investigators with
convenience of some providers' interest imaginable. Newsgroups insight into their operations.
WWW access are uneven. Some work similarly to listservs, but in- Not all online services carry
services are ploddingly slow, and it stead of retrieving postings from newsgroups, as they require a great
may take several minutes for even a their mailboxes, users invoke a deal of disk space and consume
single page of graphics to transfer to newsreader, which displays the other computing resources. Other
the user's desktop machine. To com- items and allows users to reply or services (especially some college-
pensate, most Internet providers post new messages. run providers) intentionally restrict
have an option for accessing the There are literally thousands of certain news groups, in order to re-
bare bones of the WWW, called newsgroups, organized in a hierar- main a family-oriented service.
Lynx. Lynx is an HTML interpreter chy denoted by periods to separate Internet service providers can fur-
that accesses WWW pages, but dis- the categories. Most newsgroup nish potential subscribers a list of
plays only the text information, with titles closely describe their subjects, what newsgroups they carry.
a dark block where graphics images for example, misc. books. technical,
would otherwise appear. about books on technical topics, and Telnet and FTP Sites
sci.space, about outer space re- Telnet, another Internet feature,
USENET Newsgroups search. There also are very exten- allows users to access other Internet
USENET is a component of the si ve "al t" hierarchies, such as providers and use their computers as
Internet that contains discussion alt.law-enforcement. if they were connected directly.
Unfortunately, a number of Telnet can save users money if they
regular subscribers to alt.law-en- can connect to an Internet provider
forcement frequent the group to toll free; using another service might
bash the police participants from a require a toll call.
safe distance. This occurs because, For instance, the SEARCH
like most news groups, alt.law-en- Group recently added a telnet con-
forcement is not moderated. nection. Prior to this, users connect-
Though reading the numerous ing to SEARCH from outside the
postings may be time-consuming, Sacramento calling area had to pay
news groups represent an excellent the toll charges on a long-distance
way to stay abreast of developments call. With a telnet connection, users
from a distance. And, while they can log on to their Internet service
may not have a great deal of useful provider, type "telnet search.org"
information for police officers, they and log on to that service with the
may prove extremely useful to user name and password registered
investigators collecting in- with SEARCH. In this way, the
telligence information. Internet provides toll-free, long-dis-
Several child pornogra- tance phone service.
phy cases have been Telnet also is helpful for users
made by monitoring who are away from home but have
USENET postings, access to a visitor's account or some
and conversations other Internet account and want to
on the groups fre- keep up with their e-mail. Users can
quented by com- telnet to the system that carries their
puter crackers can e-mail accounts, log on as usual, and
provide fraud and proceed to read and send e-mail.
Similar to telnet is file transfer spacebar will lead to subsequent first utilities of this type available.
protocol (FrP),5 which allows users pages if a menu consists of more When other programmers started
to transfer files from one computer than one page. writing utilities, they also took
to another. Most FrP sites do not Users also can access a particu- names from the comic book series,
require that users have accounts. lar gopher server if they know its including "Jughead" and "Betty,"
These sites use "anonymous" FrP. address. For instance, by typing go- although these are not used as
Once connected to the site and asked pher gopher://justice2.usdoj.gov widely as Archie.
to enter a name and password, users users can access the Department of To get to an Archie server, users
can respond with "anonymous" as Justice's gopher server, which, tel net to its address, then log on un-
their names and their e-mail ad- among other features, includes the der the name Archie (no password
dresses as their passwords. An alter- complete text of articles published in required). A number of variables
native to FrP, called ftpmail, sends past issues of the FBI Law Enforce- can be set that may streamline the
files as e-mail for users with e-mail ment Bulletin. search process. One particularly
accounts but no FrP access. useful one is the set search com-
mand, which tells the server whether
Gopher Servers to take the search terms literally or
Gopher is a menu-driven utility
that uses nested lists of choices from
which users can select areas of inter-
est. It is one of the simplest Internet
"
.../istservs represent
one of the more cost-
effective methods for
merely to look for something close .
At the Archie prompt, the command
"set search sub" selects files that
contain any part of the search term,
utilities to use. The term "gopher" networking with while "set search exact" locates the
originated with its creators at the exact file by name.
University of Minnesota, home of criminal justice Once the search parameters
the Gophers athletic teams. And, professionals around have been set, the Archie prompt
just as a "go-fer" runs errands, this the world. appears again. By putting the com-
gopher takes an order for informa- mand "find" in front of any term,
tion, then runs and displays it. users can access a list of files that
To acce s a gopher erver,
users log on to their Internet pro-
vider, then type "gopher" at the sys-
tem prompt. If gopher service is
Archie and Veronica "
How do users know what files
contain that word. The e fIles will be
sorted by server and will have the
directory in which the file is found
above it. To retrieve one of the
available, a list of menu options are available and where to look for files listed, users would FrP to the
will appear on the screen. This fea- them? Fortunately, semiautomated directory and enter the command
ture makes it fairly easy to browse utilities, or "search engines," take "get" followed by the location and
the gopher network, but can be frus- away some of the headache of this name of the file as listed. This file
trating, as users may have to wade process. Two of the more popular then would transfer to the user's
through many menus before finding utilities for the Internet are called home directory.
the one they want. Archie, which searches FrP sites, By contrast, using the command
On most systems, the gopher and Veronica, which searches for "whatis" followed by a term of in-
server includes a choice of "Other gopher servers. terest will provide a list of files
Gopher and Information Servers" Comic book fans may recognize that includes the search term in the
and/or "All the Gopher Servers in these names as characters from a software description database, a text
the World." Getting to this list is popular series, and the names are description sometimes provided by
usually as simple as entering the not entirely accidental. "Archie" got the person who posted the file. Like
number next to the listed choice and its name from its similarity to the display ads in the yellow pages of
pressing the enter key. Hitting the word "archive" and was one of the the phone book, these descriptions
"
for the connect time necessary to
PROVIDE RS download it, which depends on the
Whether looking for full Users who want only e-mail ad- speed of both the user's computer
Internet access or merely an e-mail dresses should look for the most in- modem and the online service's data
account, the fastest, most conve- expensive and convenient service, as connection, as well as the size of the
nient, and least expensive method to e-mail remains more or less the same file.
get online is often via a commercial from one service to another. What Library files have both titles and
online service. Most services pro- distinguishes the various services file descriptions, written by the per-
vide the software needed to access are their online forums and libraries. son who posted the information. As
the system, and some allow users to a result, users can locate a file by
Forums
employ generic communications subject without having to search
software. Forums allow members to com- each file individually. For example,
Costs usually include a set municate with one another in real to find information on agencies that
monthly fee plus a charge for online time. Many forums have moderators have policies on the use of oleoresin
time accrued beyond the minimum or system operators who provide ad- capsicum (OC or pepper spray), a
covered by the fee. Long-distance vice and monitor the forum for un- user would search the file libraries
charges to connect to the system wanted activity. Most system opera- for the occurrence of such words as
sometimes apply as well. Overall, tors can delete offensive, obscene, or "OC," "oleoresin," and "pepper."
connect time can be minimized ifthe otherwise inappropriate messages or
service allows users to perform lock out a user entirely. But, in the SECURITY CONCERNS
time-consuming tasks, such as read- interest of free speech, they seldom Many potential online users get
ing messages, composing replies, exercise this capability. frightened away by the prospect of
and writing new messages, while Some forums, or sections of introducing viruses into their per-
offline. forums , restrict access to certain sonal computers or networks. Still
Job Dimensions
To understand the role civilians can play in law
enforcement agencies, one first must examine the
critical functions performed by all police managers.
Among other requirements, a person in the upper
management oftoday's law enforcement organization
is expected to:
• Oversee the operations of uniformed forces or
technical support personnel who respond to
emergencies, enforce laws, and maintain records
O c t o b e r 1996/9
Potential Civilian Command Assignments
. D epending on the size and needs of the agency, the following assignments exemplify some
suitable posts for civilian commanders .
Officers might worry about how hiring civilian department by providing technical or managerial skills
commanders will affect promotional opportunities for not found within the ranks. Thirty-four percent of
sworn personnel. For example, as a cost-saving Emeryville's employees are civilians. They bring
measure, some police departments in California have expertise in computers, writing, public affairs, record-
placed civilian commanders in management positions keeping, communications, and other areas to support
traditionally held by sworn personnel. This does, the mission of the department and to allow sworn
indeed, affect the career ladder for sworn officers personnel to focus on their areas of expertise-
within these departments. However, the effects are no enforcement and investigation. Sworn and civilian
greater than those of the increasingly prevalent prac- employees at all levels complement one another,
tice ofbiring upper-level sworn commanders from integrating their talents to benefit the agency as a
outside an agency. Lateral entries-sworn or civil- whole.
ian-bring benefits and drawbacks; police executives A concern equal to persuading officers to 1
must weigh these carefully when making hiring
decisions.
accept civilians is preventing civilian law enforce-
ment professionals from becoming co-opted by 1
Civilian commanders need not be used solely to traditional police thinking. Executives must encourage
replace sworn commanders, however. In the civilians to maintain their unique perspectives and
Emeryville, California, Police Department, as in many not lose the very strengths they bring to the
other agencies, civilians have been hired to enhance the organization.
FB/TN
New Name For
Satellite Training
I October 1996/11 I
Photo Ii:> Bob Leverone
The Charlotte Observer
Statement Analysis
What Do Suspects'
Words Really Reveal?
S
usan Smith stood outside her who believed Susan's story, tried to words, independent of case facts, to
burgundy sedan and released reassure her by saying: "They're detect deception. They also remain
the parking brake. The car okay. They're going to be home alert for information omitted and
plunged down the ramp into South soon."2 question why the suspect may have
Carolina's Long Lake, with her Police subsequently arrested done so. Investigators then analyze
sons, Michael, 3, and Alexander, 14 Susan for the murder of her chil- the clues unintentionally provided
months, strapped into their car dren. She was tried and convicted by a suspect and use this insight
seats. To cover her actions, Susan and is currently serving a life sen- during the subsequent interview.
told police that the boys were ab- tence in a South Carolina correc- In the case of Susan Smith, by
ducted at gunpoint, launching a na- tional institution. analyzing the statements made by
tionwide search for the victims and Many investigators use a the victims' parents, one could con-
their abductor. During the investiga- technique called "statement analy- clude that the father believed the
tion, Susan tearfully told reporters, sis" to discern the truth in state- boys were alive and the mother
"My children wanted me. They ments like the ones given by Susan knew the children were dead. The
needed me. And now I can't help and David Smith. In statement key to this deduction lies in simple
them."1 Yet, the boys' father, David, analysis, investigators examine English grammar, specifically, verb
____________________________________________________________________ October1996/13
therefore, is not telling the whole what he did on Saturday evening to say something as the easiest and
truth. illustrates the norm : clearest way to communicate. The
The following written narrative "I met four friends at the movie pronoun "we" is a short, clear way
begins with a clear commitment, theater, watched a movie, then to describe one' s self and others af-
then shows a definite lack of stopped to get something to eat ter proper introductions have been
commitment: with them. We had a few made. "We" also denotes together-
"I got up at 7:00 when my drinks at the bar on the way ness; it indicates a relationship be-
alarm went off. I took a shower home. I stayed until just after tween persons.
and got dressed. I decided to go midnight. I drove home .... " Omission of the pronoun "we"
out for breakfast. I went to the The following version of the is significant, particularly when the
McDonald's on the comer. Met same account, when contrasted with individuals are spouses . In the fol-
a man who lives nearby. the above statement, indicates devia- lowing versions of an account of
Talked with him for a few tion from the norm: events given by a husband, the first
minutes. I finished breakfast statement indicates the norm; the
"We all met at the movie
and drove to work." second one denotes deviation:
theater, watched a movie, then
The first four sentences of the stopped to get something to eat. "My wife and I were invited to
statement match the norm of first We had a few drinks at the bar a neighbor' s 50th birthday
person, singular-the use of the pro- on the way home. We stayed party. We arrived at the party a
noun "I"; the next two sentences until just after midnight. We little late. The party was still in
show deviation, because this pro- each drove home ...." full swing when we left for
noun is missing from the statement. home."
What caused the writer to stop using ***
the pronoun "I"? "My wife and I were invited to
Any change in the use of pro-
nouns is significant, and at this
point, investigators should realize
that the statement now becomes
"
In statement analysis,
investigators examine
words, independent
a neighbor' s 50th birthday
party. My wife and I arrived at
the party a little late. The party
was still in full swing when my
devoid of personal involvement. of case facts, to wife and I left for home."
Could there be tension between the detect deception. The second statement reveals
writer and the man mentioned in the distance between the husband and
statement? During the interview, his wife. Once the husband intro-
investigators should draw out spe- duces his wife into the statement,
cifics about this relationship to de-
termine if this part of the narrative
is really true or if the writer omitted
information.
"
Because the second statement
contains only "we," instead of the
expected norm, which uses mostly
using the pronoun "we" is the short-
est way to communicate. Yet, the
husband avoids this word. Why?
Perhaps because there is no "togeth-
"I," the investigator should wonder erness" in the relationship.
I versus We why there is no individual involve- If later that night the wife is
Because using the first person, ment. Perhaps the teenager hopes to murdered, and the husband, when
singular pronoun is the norm for conceal something or at least to recounting the day 's activities, pro-
truthful statements, investigators avoid sole responsibility for some vides a statement devoid of the pro-
need to look for a lack of the pro- act. noun "we," investigators question-
noun "I" and overuse of the pronoun ing the husband should focus on the
"we," which is first person, plural. The Pronoun "We " couple' s relationship. If the husband
The following version of a teen- In speech and the written word, admits to marital problems, but ve-
ager' s account when asked to relate linguists consider the shortest way hemently denies any involvement in
---------------------------------------------------------------------October1996/15
change the pronoun, or drop the last time the writer was in the house. occurred. A young man shot his wife
pronoun completely, when opting Was it because the writer had spread in the face with a shotgun . The
not to show possession or admit as- accelerant on the floor of the house? woman died instantly, and the hus-
sociation with a particular object or Was the writer already giving up band claimed the shooting was acci-
person. For example, "I was clean- possession because he had set the dental. Investigators asked the man
ing my gun. I was putting my gun fire? Just as arson investigators try to write a statement of the events
away. The gun discharged." to discover if valuable possessions that occurred during the day of the
This person, wanting to dis- have been removed from a house shooting. The husband wrote a de-
claim ownership of the gun that dis- prior to a fire, those skilled in state- tailed statement, using the noun
charged (either accidentally or in- ment analysis look for the exact "wife" seven times to refer to his
tentionally), stopped using the point at which the owner stops tak- wife. He then wrote:
possessive pronoun "my." It no ing possession by failing to use the ".. .1 lost control of the gun. I
longer was his gun, under his con- pronoun "my." sensed that the barrel was
trol; it became the gun. pointing in Louise's direction
Another example can be found and I reacted by grabbing at
in a written statement made by a the gun to get it back under
person whose home burned to the
ground:
"I left my house right after
breakfast to join my friends at
" Statement analysis
is an aid that can be
used to obtain a
control. When I did this the
gun discharged. It went off
once and I looked over and saw
blood on Louise's face."
the track for the day .... I drove confession; it is not What caused the husband to
back to my house, made a few start using "Louise," his wife's first
phone calls, then went out to
an end in itself.
name? Did this occur at a significant
dinner with Stan Thompson .... point in the narrative?
Stan dropped me off at my Prior k) this point, investigators
house around 10:00. After I
changed my clothes I left the
house to spend the night at my
cousin Tom's. Around mid-
Nouns "
Nouns denote persons, places,
had normed the husband as using the
noun "wife." When the spouse went
to church with her husband, she was
and things. Yet, nouns take on dif- "my wife." When she later called to
night we heard fire engines and ferent meanings, depending on the her husband, she was "my wife."
got up to see what was going individual. But when the barrel of the gun was
on." When examining the words used pointing in her direction and when
In this account, after the writer by a suspect, the investigator needs there was blood on her face, two
consistently used the pronoun "my" to note any changes, because a critial points in the statement, the
to describe his house, he omitted "change of language reflects a spouse was no longer referred to as
the pronoun the last time it was change in reality."4 If suspects sub- "my wife." She became Louise.
mentioned. Was it because the stitute a different word after using Investigators have determined
house burned down, and it was no one word consistently, they tele- that perpetrators find it nearly im-
longer his house? If so, then this graph the fact that something in their possible to admit to harming a fam-
change should have occurred much lives has changed. Although lan- ily member. The husband in this
later, after midnight, when the guage changes can occur with any case could not admit that he had
writer learned that the house was part of speech, they are observed ki lied his wife. He removed the fam-
burning. more frequently with nouns. ily relationship by substituting the
Based on the statements made, In a statement written by a name "Louise."
investigators should question why suspect in a homicide investigation, The husband also failed to in-
the switch in references occurred the a significant change in noun usage troduce Louise to the reader. After
I nvestigators can
conduct a preliminary
mechanical review of a
An example of a statement analyzed by an investi gator
appears be low.
written statement by
completing the following
The evening started out normally.([) -
steps:
closed up after all the customers had
1. Pronouns: Circle all left.(i)Norked the late shift last night
pronouns; indicate mi ssing because(j}ad an appointment during
pronouns in the margin the day . ~ounted the money and
2. Verbs: Underline all filled out a deposit slip.(i)Nas the last Before:
one out sc.(!)set the alarm and locked 12 lines
changes in verb tense
mi ssing I the doorst\Drove to the First National (54%)
3. Nouns: Underline
change inlanguage Bank to make9deposit.(!)usually
park right next to the night deposit
4. Extraneous informa-
mi ssing I box1\Got out o@car and headed to
tion: Highlight information
the deposit box. A tall man _
that doe not answer the
question asked, e.g., What aDoroaches , a white 9.YY around 6"2" , =
happened? or What did you [(i)hink.]@..omes out of nowhere
do since you got up thi s and tels.~o drop the bag. Nothing During:
morning? like this has ever happened tC@ 9 lines
5. Lack of conviction: before.{!)lm very careful about where (4 1%)
Bracket any words that ([)Jark and whether anyone is around.
indicate lack of conviction @ropped the bag and froze right
where(j)Nas. The man grabbed the
6. Balance of s tatement:
Divide statement into bag and ran into the shadows . _ After:
before, during, and after [That's basically what happened.] > I line
and check the balance (5%)
_____________________________________________________________________ October1996 / 17
is of utmost importance. When ana- evidenced in the Susan Smith case, For example, in a homicide
lyzing tatements, investigators use of past tense almost immediate- investigation involving a young
need to concentrate on the tense of ly after the alleged abduction woman shot by her husband, the
the verbs used. In a truthful state- showed a significant deviation from husband told police officers that he
ment, the use of the past tense is the norm. was cleaning his gun when it acci-
the norm, becau e by the time a dentally discharged. Investigator
per on relates the event, it has EXTRANEOUS then asked the husband to write a
already occurred. INFORMA TION statement about his actions on the
For example, the following Extraneous information in a day he hot his wife. He provided a
statement typifies the norm: statement also can provide clues to detailed statement, writing at length
"It happened Saturday night. I deception. A truthful per on with about the rust on his gun and a pre-
went out on my back deck to nothing to hide, when asked the vious hunting trip. He failed, how-
water the plants. It was almo t question, "What happened," will re- ever, to describe fully his activities
dark. A man ran out of the count the events chronologically and on this specific day. The amount of
bushes. He came onto the deck, concisely. Any information given extraneous information prompted
grabbed me and knocked me that doe not answer this question is the investigator to view the husband
down." extraneous. as a u pect.
The next statement show de- LACK OF CONVICTION
viation from the norm: Another important factor in
"It happened Saturday night. I statement analysis is a per on's
went out on my back deck to
water the plants. It was almost
dark. A man runs out of the
bushes. He comes onto the
" Statements
contain a wealth of
information far
lack of conviction. When analyzing
a statement, investigator should
note if the person feigns a loss of
memory by repeatedly inserting
deck, grabs me and knocks me beyond what the "I don't remember" or "I can't
down."
suspect or alleged recall."
The hift to present ten e i sig- They also hould look to see if
nificant, because events recalled
victim intends to
the person hedge during the narra-
from memory should be stated by communicate. tive by u ing such phrases as "I
u ing the past tense. The change to think," "I believe," "to the best of
pre ent tense could indicate decep- my knowledge," or "kind of." These
tion. Knowing this, an investigator
"
phrase ,also called qualifiers, serve
interviewing the victim of the second to temper the action about to be de-
statement is forewarned that the ac- People involved in crimes may scribed, thereby discounting the
count may be fabricated. feel the need to justify their actions. message before it even is transmit-
The use of past or present ten e In such cases, the information in the ted. s Clearly, the person giving the
also is significant when referring to statements will not follow a logical statement i avoiding commitment,
mi ing per ons. In such cases, the time frame or will skirt what really and warning bells should ring in the
norm is to describe the person in the happened. They also may include investigator's ears.
pre ent tense, as in, "I just pray that more information than is necessary The following is a transcript of
Jenny is all right." to tell the story. In such instances, an oral statement of a college tu-
When children are missing, in investigators should scrutinize this dent who reported that a man broke
the parents' hearts and minds, the extraneous information and ques- into her apartment at 3:30 a.m. and
children remain alive, sometimes tion why this person felt the need to raped her. A statement regarding
long after the point of reason. A include it. such a traumatic experience should
Statement Analysis in Specific Crimes
To conduct statement analysis for a specific crime, investigators fir t should determine
what is the norm. Any deviations from this norm may indicate involvement in the crime.
I"
Crime Norm What to Look For Deviation from Norm
I'
Missing "Jenny is such A verb in pa t tense "Jenny was such
Persons: a wonderful soon after the a wonderful
daughter." disappearance daughter."
Abduction, "He forced me The use of the word "We got into
Rape: into the car ... ." " we" for assailant and the car. ... "
self and the language
used ("got" versus
"forced")
brim with convIctIOn, which this up and he asked me ifI could gross deviation from the expected
statement clearly lacks. feel the knife." normal reaction of terror.
"He grabbed me and held a It is important to consider the Another example of lack of con-
knife to my throat. And when I phrase, "I ki nd of startled when I viction can be found in a written
woke up and I was, I mean I woke up." Certainly, thi is not a statement given by a relative of a
was really asleep and I didn ' t nonnal reaction for a woman who woman who mysteriously di sap-
know what was going on, and I awakens in the middle of the night peared. Investigators asked the
kind of you know I was scared to see an unknown man at her bed missing woman ' s sister-in-law to
and I kind of startled when I and to feel a knife at her throat. recount the activities that took
woke up, You know, You The word "terrified" more appropri - place on the weekend of the di sap-
know I was startled and he, he ately come to mind. Using the pearance. After claiming memory
told, he kept telling me to shut words "kind of startled" shows a lapses and showing a general lack
------------------------------------_________________________________ October1996/19
of specificity, the sister-in-law burned shows a deviation too great CONCLUSION
ended her statement with : from the balanced norm. The man Statements contain a wealth of
"...that was about it. These provided a 56-line account of information far beyond what the
were my actions on the week- what happened that day, divided as su pect or alleged victim intends to
end to the best I can recall." follows: communicate. Fortunately, investi-
Any investigator reading the above BEFORE the fire: gators can use this infonnation to
statement should seriously question 33 lines -59.0% their benefit.
whether the events were described DURING the fire: Statement analysis provides
accurately and completely. 16 lines - 28.5% investigators with vital back-
ground data and details about
BALANCE OF THE AFTER the fire: relationships to explore during the
STATEMENT 7lines - 12.5 %. interview process. It also can de-
A statement given by a suspect termine whether the intent of the
or an alleged victim should be exam- statement is to conveyor to con-
vince, that is, to convey the truth
ined by investigators for overall bal-
ance. Statements should be more
than ju t a series of details. They
need to sound like an account of the
" Parts of speech
form the foundation
of statement
or to convince through decep-
tion .7 Armed with this knowledge,
investigators can enter the interview
event. room with increased confidence to
A truthful statement has three analysis. identify the perpetrator and gain a
parts. The first part details what was confession . ..
going on before the event occurred;
it places the event in context. The
second part describes the occurrence
itself, i.e., what happened during the
theft, the rape, the fire, etc. The last
"
Investigators concluded that the
above distribution indicates decep-
tion, because the three parts of the
Endnotes
A15.
I
2 The
The Washington Post, November 5, 1994,
B
terrorist organizations and facilitating the exchange of
oth the World Trade Center bombing and the information. By alerting law enforcement officers to
Oklahoma City tragedy stand in testament to potentially dangerous subjects, the VGTOF enhances
the fonnidable threat to U.S. citizens and property their safety. In short, the VGTOF provides every U.S.
posed by international and domestic terrorists. The law enforcement agency access to valuable informa-
horror of such incidents reinforces the need for law tion on a growing crime problem that threatens the
enforcement to know the identities and operations of safety of officers and citizens in an increasing number
terrorist groups within this country. of communities.
Similarly, over the last several years, law enforce- The VGTOF consists of two major classifications:
ment has encountered an increasing number of orga- the Group Reference Capability (GRC) and Group
nized criminal group that are actively involved in Member Capability (GMC). The GRC provides
drug trafficking, money laundering, political corrup- information on terrorist groups and gangs, while the
tion, and even contract murders. Moreover, the GMC identifies individual members.
number of youths involved with these gangs is stagger- To be included in the VGTOF, terrorist groups
ing. According to the FBI's Uniform Crime Reporting and gangs must meet the definitions ascribed to them
Program, kilHngs by juvenile gang members increased by NCIC.3 Similarly, individuals must meet certain
500 percent between 1980 and 1994, making this one criteria, which positively identify them as members
of the fastest-growing crimes in the United States. I of a terrorist group or gang.4 After verifying and
---------------------------------------------------------------------October1996/21
documenting that these conditions have been met, law including the individual's name, sex, race, and group
enforcement agencies can enter the appropriate data affiliation, and, if possible, such optional information
into the VGTOF. as height and weight; eye and hair colors; date and
place of birth; and marks, scars, and tattoos.
Establishing a Group Record A miscellaneous field allows agencies to enter
Procedures for entering information into NCIC caution indicators, that is, information about group
vary. In some states, a control terminal agency, such members that would serve as a warning to other
as the state police, maintains the system for the entire officers. This might be the fact that the person carries
state. In others, individual agencies can enter their own a particular weapon or has threatened to kill police
data. Whatever their state' s policy, law enforcement officers. Because details such as these are vital to
agencies that encounter individuals belonging to an officer safety, agencies entering data into the VGTOF
organization meeting the NCIC definition of either a should "pack the record" with as much pertinent
violent gang or terrorist group first must establish a information as possible.
group record. Another field in the GMC
In addition to a special NCIC allows agencies to associate
code that corresponds to each group members with a particular
group, the GRC contains what is
known as essential identifying
data. That is, only traits generally
"... a concerted effort by
all levels of law
vehicle. 6 In this way, officers
who request NCIC checks on
vehicles that they stop can
associated with this group that determine if the verucles have ties
would help identify its members enforcement can even to gang or terrorist activity.
and activities are entered. For a the odds in the fight Individuals may have more
group record, these would include against gangs and than one record if they are known
such items as what members terrorists. members of a particular gang or
wear, how they communicate terrorist organization that
(hand ignals, graffiti), and the
types of crimes they commit.
So that querying departments
" operates in several jurisdictions.
In these cases, an inquiry will
result in a multiple-record
can obtain additional information, the primary agency5 response, indicating which agencies have identified
enter its name, as well as a point of contact. The that person as a member of a gang or terrorist group.
GRC also includes other agencies that can provide
additional details about the group. Maintaining, Auditing, and
Gang and terrorist activity varies across the Expanding the System
United States, making the local affiliates of a national Agencies entering data into the VGTOF must
gang or terrorist organization unique. For this reason, update the records they establish and delete any
the VGTOF will accept numerous records for groups information that is no longer valid. Furthermore,
sharing the same name. As a result, agencies across agencies must maintain documentation to support
the country can contribute records for their own every entry, which is important for a number of
homegrown versions of such organizations as the Los reasons.
Angeles-based Bloods and Crip . First and foremost, an agency that pronounces an
individual gUilty by mere association with a gang or
Establishing an Individual Record terrorist group without concrete proof opens itself up
With a group record established, law enforcement to litigation. In addition, NCIC policy requires bian-
agencies can enter records on individuals who have nual audits by the FBI's Criminal Justice Information
met the entry criteria and have a known association Services Division. During these reviews, auditor
with a violent gang or terrorist organization. Using the check agency records for accuracy and backup
GMC, agencies enter mandatory identifying data, documentation.
Overcoming Obstacles
to Intervention
Typically, when police officers
experience serious, long-term emo-
tional problems that can lead to
suicide, two reactions occur that
hinder the helping process. First,
everyone-from the affected offi-
cers to friends and co-workers to
the department's hierarchy-ini-
tially denies that a problem exists.
Second, even when a problem
eventually is acknowledged, the
D
oes being a police officer officers are killing themselves fast- affected officers often resi t seek-
increase the risk of sui- er than they are being killed by ing help for fear of losing their
cide? During 1994 , a criminals. I jobs, being demoted, or having their
record 11 New York City police The research on police suicide personal problems exposed for pub-
officers committed suicide; only is limited. Most of the studies on lic ridicule. These common systemic
two officers were killed by crim- police deaths have addressed police reactions must be overcome before
inals that year. Two homicides and killings and assaults committed by any successful intervention can take
11 suicides-at that rate, police criminals. The available studies on place.
"
events with angry outbursts, or ficers respond to their directions.
blaming others over minor events It is important for supervisors
should be considered indicators of Suicidal officers might have to ask specifically whether officers
po sible distress. negative influences in their personal are having thoughts of hurting
lives as well. Supervisors should themselves. Many find it difficult
Assessing the Problem look for histories that might include to ask such a basic question, but it
Supervisors or managers should suicidal behavior, mental illness, must be done. Officers who indi-
schedule interviews with officers chronic depression, multiple di- cate that they are having suicidal
who appear depressed, sad, hope- vorces, and alcoholism. Losses in thoughts must not be left alone. All
less, discouraged or "down in the an officer's life, drug abuse pat- threat must be taken seriously.
dumps." During this interview, the terns , and stress overload also Other people might not have heard
supervisor should check the contribute to the problem. Older their pleas for help.
officer's body language, look for officers might experience physi- Supervisors should plan their
sad facial expressions, and be alert cal problems or face impending intervention so that it leads to a pro-
to a flat mood. The officer might retirement and feel that they will fessional referral. The specific
complain of feeling down, not hav- become socially isolated. 9 Such methods of intervention must be
ing any feelings at all, or being anx- physical and social losses can gen- thought out as carefully as possible
ious. Complaints about bodily ache erate the destructive feelings of in order to avoid violence directed
and pains might be reported to cover hopelessness and helplessness. inward or outward at other employ-
the officer's true feelings. ees. Without careful planning, offi-
The twin feelings of hopeless- Taking Action cers confronted by supervisors
ness and helplessness indicate a high Most people have mixed emo- could react unpredictably. Because
risk of suicide. Officers who think tions about committing suicide, and their thought processes are garbled,
and speak in these terms feel that suicidal feelings tend to be episodic, they could strike out at co-workers,
Unusual Weapon
Concealed Pistol laser pointer and has very similar characteristics
to the latter. The weapon features a rotating
safety, located immediately behind the barrel.
The trigger remains concealed until the weapon
is in the bent, ready-to-fire position. The single-
shot pistol is available in a variety of calibers
and comes with a black nylon carrying case.
During personal searches, law enforcement and
corrections personnel should be alert for such
seemingly innocuous items."
Double Jeopardy
One major reason for the decline
in asset forfeiture has been the con-
O
n February 12, 1996, the additional commitment because as- cern that its use may bar subsequent
Attorney General of the set forfeiture has proven to be one of criminal prosecution. Civil forfei-
United States issued a di- the most effective methods available ture, unlike its criminal counterpart,
rective that urged all federal in the continuing battle against ma- involves procedures that allow pre-
prosecutors and agents of the Fed- jor drug traffickers, organized crime trial seizure of assets, requires a
eral Bureau of Investigation (FBI), figures , and their criminal organiza- relatively low burden of proof on
Drug Enforcement Administration tions. As the Attorney General the part of the government, and is
(DEA), and Immigration and Natu- pointed out in the directive, the fail- not contingent on an owner' s con-
ralization Service (INS) to reinvigo- ure to attack the economic infra- viction. These factors lead to the
rate their efforts in using asset for- structure of criminals and their or- basis for the concernwhether the
feiture as a law enforcement tool. ganizations seriously limits the combination of criminal prosecu-
The Attorney General sought this effect that any prosecution of these tion and ci vil forfeiture may be
_ __ _ _ _ _ _ _ _ __ _ _ October 1996/29
criminal for purposes of the Double laws , which target the property illegal purposes, and ensuring that
Jeopardy Clause." 14 In its analysis, rather than the owner and include "persons do not profit from their
the Court reviewed "a long line of procedures for administrative forfei- illegal acts."22
cases [in which the] Court has con- ture actions.20
sidered the application of the Double The finding that Congress in- Forfeiture of Jointly
Jeopardy Clause to civil forfeitures, tended the civil forfeitures in these Owned Property Upheld
consistently concluding that the cases to be in rem actions estab- Another reason for the decline in
Clause does not apply to such ac- lished a presumption that they do not the use of asset forfeiture is the trou-
tions because they do not impose implicate double jeopardy . The bling perception that civil forfeiture
punishment. " 15 The Court con- Court noted that when Congress has can be unfair. This perception is
cluded that for over 50 years, in rem intended a forfeiture action to be based, in part, on the fact that a civil
forfeiture has been found to be a civil and, therefore, remedial, only forfeiture of property can be ob-
remedial sanction, distinct and dif- the "clearest proof' that it is "so tained against an owner who was not
ferent from other potentially puni- punitive either in purpose or effect" involved in or aware of the criminal
tive in personam civil penalties, and will overcome the presumption that activity in which the property was
does not constitute a punishment un- double jeopardy does not apply.21 involved.
der the Double Jeopardy Clause. 16 In Bennis v. Michigan,23 the
In 1984, the Supreme Court es- Supreme Court examined such a
tablished a two-stage analysi to forfeiture action under the light of
determine whether a forfeiture
was punishment under the Double
Jeopardy Clause or was remedial
"
... the Supreme Court
ruled that the
government could use,
constitutional scrutiny and upheld
the confiscation. In Bennis, the
Court found that a state forfeiture
law that permitted forfeiture of
in nature and not subject to the
multiple punishment prong of the in combination, the property from an owner who was
clause. This analysis focused on criminal law to unaware of its illegal use by another
whether Congress intended to es- prosecute someone in lawful possession of the property
tablish a civil remedial sanction and and the civil forfeiture did not offend the constitutional
whether, despite such intent, the rights of that owner.
laws to confiscate that Detroit police had arrested John
civil forfeiture was so punitive in
purpose or effect that its application person's property.... Bennis after observing him engaged
constituted punishment. l ? Because in a sexual act with a prostitute in
nothing in its decisions had replaced his car, which was jointly owned by
this traditional understanding,IS the
Court used this same two-staged
analysis and concluded that the civil
forfeiture actions in question were
"
In the second stage, the Court
found little evidence that the forfei-
tures under these statutes were so
Bennis and his wife. After Bennis
was convicted of gross indecency,
the state had the car declared a pub-
lic nuisance and abated (forfeited)
remedial. punitive, in form or effect, to render under tate law. 24
In the first stage of its analysis, them punishment. The Court stated The Circuit Court of Wayne
the Court found "there was little that the most significant factor in County rejected the wife' s challenge
doubt" that the laws involved in the reaching this conclusion was that to the forfeiture on the grounds that
forfeiture actions in question were such civil forfeitures serve impor- she was innocent of any wrongdoing
intended by Congress to be civil tant nonpunitive goals. The impor- and that she had no knowledge her
actions, distinct from criminal tant goals of civil forfeiture include husband would use the vehicle to
sanctions in personam. 19 The Court encouraging property owners to take violate the law. Subsequently, on
supported this finding with the fact greater care in managing their prop- appeal , the Michigan Supreme
that Congress incorporated the in erty, ensuring that owners will not Court upheld the forfeiture, fmding
rem procedures of the customs permit their property to be used for that the state law did not provide for
---------------------------------------------------------------------October1996/31
that use the forfeiture tool the pri- ' See 2 1 U.S.C. §881 (a)(6) (forfeiture of property "'-Congress specifically structured these forfeitures
constituting or traceable to drug proceeds) and 18 to be impersonal by targeting the property itself." Id. at
mary responsibility for avoiding that U.S.C. §98 1(a)( I)(A) (property involved in money 2147. The Court noted other mechanisms indicating
laundering). Congress' intent that such actions becivil, including the
unwanted result. 32 Failure to use thi s • "Nor shall any person be subject for the same shifting burden of proof in a civi l forfeiture action once
authority consistent with its purpose offense 10 be twice put in jeopardy of life or limb. U.S. the govemment has shown probable cause that the
Constitution, Amend. V. property is forfeitab le. ld . at 2 147.
could result in legislative di sap- 7 See United States v. Halper, 490 U.S . 435 ( 1989) " Id. n. 3, at2148.
proval. (civil fine imposed for filing false medical claims " Id. at 2 148. Secondarily relevant to its conclusion
following criminal prosecution on charges stemming were the following : Civil in rem forfe iture has not
The seizure of property from from the same false claims could violate the Double historically been regarded as punishment; there is no
Jeopardy Clause as a second punishment); Austill v. requirement that the government show scienter in order
one who is truly innocent does not Ullited States, 509 U.S. 602 ( 1993) (civil forfeiture of to prove the property is forfeita ble; these forfeitures act
serve the goals of civil forfeiture, real and personal property under federal drug laws as a deterrent to fu ture criminal conduct, which serves
constitutes punishment for purposes of the eighth civil as well as cri minal goals; the fact that a forfeiture
i.e., taking the profit out of crime amendment and may violate the Excessive Fine Clause). statute has some connection to acrimi nal violation does
and acting as a deterrent to future ' The Ninth Ci rcuit denied a request by the not show that a proceeding is criminal. Id . at2 149.
Department of Justice (DOJ) for a rehearing ell banco In " 11 6S.C!. 994(1996).
criminal activity. In fact, Congress an unusual step, seven of the circuit judges filed a written " Michigan Compo Laws Ann., §§600.380 1,
dissent to the denial of the re hearing, di sagreeing with the 600.3805,600.38 10(2).
has provided an innocent owner ex- analysis and judgment of tile other judges, stating that any " Michigan law provides that "proof of knowledge of
ception to most federal civil forfei- departure from Supreme Court precedent upholding the the existence of the nuisance on the part of the
remedial purpose served by civil forfeiture should be defendants or any of them, is not required." Mich. Compo
ture laws that would, under imilar undertaken by the Supreme Court and not by the circuit Laws Ann. §600.38 I5(2).
facts , have allowed Benni to re- court. See Ullited States v. $405,089.23 III U.S. "' Bennis v. Michigan, at 1000 (citing J. W.
Cllrrency, 56 F.3d 41 (9th Cir. 1995). Goldsmith Jr. Grant Co. v. United States, 254 U.S. 505
cover her interest in the car by show- at 51 1).
27 See The Palmyra, 12 Wheat I (1827)(forfeiture of
ing her lack of knowledge of the a ship used as privateer without the conviction of the
intended illegal use ofthe vehicle by owner); Van Osterv. Kansas, 272 U.S. 465, 47 S.C!.
her wayward husband, and her lack
of consent to that usage. 33
As a result of these Supreme
Court decis ions, law enforcement is
" ... the innocence of
an owner has
almost uniformly
133 (1926) (upholding the forfeiture of a car from an
owner who had entrusted the vehicle to another who then
used it to transport liquor in contravention of Kansas
law); Calero-Toledo v. Pearson Yacht Leasing Co., 4 16
O.S. 663, 94 S.O. 2080 ( 1974) (upholding the forfeiture
of a lessor's interest in a yacht used by the lessee to
transport one marij uana cigarette in contrave ntion of the
co nstitutionally permitted to use been rejected as a ~ I~w s of Puerto Rico).
28 Bennis v. Michigan, at 998 (citing Calero-Toledo
civi l forfeiture, undeterred by defense to ,.
-:. Pearson Yacht Leasing Co., at 683); 686 and 687-
double jeopardy concerns, to seek forfeiture. 688.
. 29 Calero-Toledo v. Pearson Yacht Leasing Co., at
out and confiscate the ill-gotten 686,688.
"'The rationale used by the Court in Bennis,
gains of criminals and to dismantle however, undermines the foundational basis for the
their criminal organizations. Both
federal and state law enforcement
agencies working together will be
able to use civil forfeiture to effec-
1995).
"
9 United SllItes V. Ursery, 59 F.3d 568 (6th Cir.
1Memorandum from Janet Reno, Anomey General, " Id. at2 142. See, e.8. , Various Items of Persollll1 Bennis, observed that it was not always clear what
Louis J. Freeh, Director, FBI, and Thomas Constantine, Property v. United States, 282 U.S. 577 (1931 ) (civil property could be forfeited under various forfeiture
Administrator, DEA, to all U.S.Attomeys, and others, forfeiture is an action in rem against the property and no statutes. As a result, the limits of the law should be
dated Feb. 12, 1996. part ofthe punishment for the criminal offense that applied strictly, adhering to historical standard for
' See, e.g., United States V. Tilley, 18 F.3d 295 (5th involve a prosecution in personam against the person). determining whether specific property is "used" illegally.
17 See Ullited SllItes V. One Assortment of89 " See, e.g., 2 1 U.S.c. §88 1(a)(4)(C) (" No
Cir.)eert. denied, 115 S.O. 573 ( 1974) (forfeiture of
drug proceeds does not constitute punishment ); United Firearms, 465 U.S. 354 ( 1984). conveyance shall be forfei ted under this paragraph to the
SllItes v. Baird, 63 F.3d 12 13 (3d Cir. 1995) ""In sum, nothing in Halper, Kurth Ranch, or extent of an interest of an owner, by reason of any act or
(administrative forfeiture does not implicate the Double Austin , purported to replace our traditional understanding omission establi shed by that owner to have been
Jeopardy Clause). that civil forfeiture does not constitute punishment of the committed or omitted without the knowledge, consent, or
l United States v. $405,089.23 in U.S. Cllrrency,
purpose ofthe Double Jeopardy Clause." Id at 2 146- willful blindness of the owner."). One notable exception
56 F.3d 4 1 (9th Ci r. 1995) (dissent from order rejecting 2147. is the authority to forfeit property that has been used in an
rehearing en banc). 10 [d. at 2147. The laws under examination were2 1 interstate gambling business. See 18 U.S.C. § I955(d),
' See United States v. $405,089.23 in U.S. U.S.C. §§88 I(a)(6) and (a)(7) and 18 U.S.C. but it i the official policy of the FB I not to seize
Currency,33F.3d 1210 (9thCir.1994). §98 1(a)( I)(A). property for forfeiture from innocent owners.
Law enforcement officers are challenged daily in the performance of their duties; they face each
challenge freely and unselfishly while answering the call to duty. In certain instances, their actions
warrant special attention from their respective departments. Law Enforcement also wants to
recognize their exemplary service to the law enforcement profession.
When Highway Patrol Officer Juan Diaz, Jr., of the Suffolk County, New
York, Police Department arrived at the scene of an accident, he saw a vehicle
that had crashed into a utility pole and overturned. The vehicle had come to rest
upside down near a burning utility pole and was surrounded by live, downed
power wires. Informed by by tander that the driver wa trapped in ide, Officer
Diaz immediately ran to the car and di scovered a young woman crying for help.
Working his way through the fire and live wires, Officer Diaz uccessfully
reached the woman, pulling her to safety moments before the transformer
exploded.
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