October 1996

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u.s.

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.

The  FBI Law Enforcement


Butletin (ISSN­0014­5688) is 
published monthly by the  Preventing  Police Suicide   Administrators may be able to
Federal Bureau of  By Thomas  E. Baker  prevent officer suicides by
Investigation, 935  learning and recognizing some
Pennsylvania Avenue, N.W. ,  and  Jane  P. Baker 
Washington , D.C.  of the typical warning signs.
20535­0001 .  Second­Class 
postage paid at Washin!;lton, 
D.C. , and additional mailing 
offices.  Postmaster:  Send  Civil  Forfeiture   Recent decisions by the U.S. Supreme
address changes to  FBI Law Court dispel the double jeopardy concern
Enforcement Butletin, Federal  By William  R. Schroeder 
Bureau of Investigation, FBI 
and classify civil asset forfeiture as an
Academy, Quantico, VA  important law enforcement tool.
22135. 

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  

ISSN  0014­5688   USPS 383­310  


Online Services for
Law Enforcement
By TIMOTHY M.  DEES,  M.S. 


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

_____________________________________________________________________ October 1996/1


have yet to reap the benefits that the space. Computer systems with less Bulletin boards exist for hunt-
Information Superhighway offers, simply cannot access as many online ers, collectors, political activists,
often because they simply do not features. hobbyists of all types, and of course,
understand how online access can law enforcement officers. Anyone
benefit them. From bulletin board BULLETIN BOARD SYSTEMS with a computer, a phone line, the
systems to Internet features to com- A bulletin board system (BBS) appropriate software, and the desire
mercial service providers, this ar- is a small online service, usually pa- to do so can set up a BBS, and
ticle explains what is available for tronized by people with similar in- thousands of individuals have done
law enforcement agencies that get terests. One of the most basic online just that. Because many BBS spon-
online. resources, computer bulletin boards sors run their services with out-
require neither an e-mail account of-pocket funds, bulletin boards
THE BASIC TOOLS nor an Internet connection. Rather, can be very transitory. This can
Establishing an online presence to access them, users need only have sometimes be a blessing, as some
requires a computer, a modem with their computer modems call the mo- bulletin boards have been used by
appropriate communications soft- dem of the BBS, and the process is credit card defrauders, computer
ware, and a telephone line. The com- more or less automated from there. crackers, I  and pedophiles to spread
puter need not be a state-of-the-art Once connected, users usually criminal and contraband informa-
model, as many online resources do answer a series of questions about tion online.
not require a complex display or their identities to verify their need Bulletin boards frequently have
high processor capacity. However, to use the system, and some BBS ongoing discussions of noteworthy
taking advantage of all of the re- operators require users to pay a events. Discussions take place when
sources available online requires a fee. New users get a name-some- users read messages posted by oth-
computer running at least Microsoft times their own, often a one-word ers and either post a reply or start a
Windows or Macintosh System 7, alias-and a password that ensures new message topic, commonly re-
with a hard disk drive and at least that no one else can access their ferred to as a "thread." Some BBS
100 megabytes available storage accounts. software allows replies directly to
individuals, and others allow only
public postings.
System operators control who
accesses their bulletin boards, and

" ...access to the online


community provides
they also can monitor virtually any
conversation or private e-mail they
desire. Yet, because user names usu-
ally ensure anonymity, many BBS
law enforcement users express their opinions on is-
agencies with the sues of emotional importance to
tools they need to them.
serve their In addition to sponsoring dis-
communities more cussions, bulletin boards often
effectively. maintain files for users to download,

"
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

2 /  FBI  Law  Enforcement Bulletin  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ __ 


photos, and others. Some systems ment. Membership in POLICE-L is not a factor on the Internet, and it
also allow subscribers to send mes- requires that the subscriber send, by costs no more to search a Web site
sages to other bulletin boards and to conventional mail, documentation of in Australia than it does to look at one
connect to the Internet. active or retired law enforcement in the user's hometown.
Many law enforcement agencies status, such as an identification WWW pages are constructed
maintain bulletin boards as public card. Once cleared for access, the using Hypertext Markup Language
relations tools. They may contain subscriber can receive postings to (HTML) and are indexed by an ad-
graphics files, software programs, the list. 3 dress called a Uniform Resource
text files, and message files saved, Locator (URL). These addresses,
or "captured," from interesting past which can be simple or complex, are
discussions. One of the more stable determined by the online service that

"
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

______________________________________________________________________ October 1996/5


contain more information, but not Due to fierce competitIOn users, e.g., sheriffs and chiefs of
every file has one. among service providers, nearly all police or sworn law enforcement of-
To retrieve one of the files lo- offer prospective new customers a ficers. Members who wish to access
cated by a "whatis" search, users free introductory period where these sections first must apply via an
enter the "find" command followed they are not charged for their on- online form and have their status
by the name of the file at the line time. All of the services allow verified by the system operator.
Archie prompt. Archie then pro- users to send e-mail to other users of
vides a list of directories where the that service, and most allow sending Libraries
file is located. e-mail to users on other services and Associated with forums, or
Veronica works in a similar on the Internet. sometimes located in a separate sec-
way. After selecting the Veronica tion, are file libraries, which contain
menu option, users enter a search software, text files, images and
term in the window that appears. graphics, address lists, and almost
This term can be any word or anything else that can be contained
words that likely will appear in the
target's title or directory. A list of
menu choices that meets the search
criteria will result, and users can
" Law enforcement
officers cannot afford
to let the information
in a computer file. The files origi-
nate from subscribers who have in-
formation they want to share.
In order to encourage these con-
pick the menu items they want, just revolution pass tributions, several services do not
as they would for any other gopher them by_ charge users to upload (copy) files
menu. from their personal computers to the
library. Users who want the file pay
COMMERCIAL SERVICE

"
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

6/ FBI  Law  Enforcement  Bulletin  _  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ __ 


others are concerned that a cracker Employees who bring disks from
Wanted :
or some other cybervandal will gain home to use on their desktop ma- Photographs
access to their sensitive computer chines can infect a system just as
data and either steal it or render it quickly as a virus introduced over
useless. Certainly, both represent a phone line. Moreover, amateur
valid concerns. But, just as biologi- crackers from within the department
cal viruses can be avoided, so can may attempt to defeat the security
computer viruses. And data, like system just to see if it can be done.
other sensitive property, can be se- Agency administrators should insti-
cured against intruders. tute measures to prevent these sce-
The best protections against narios from occurring.
these kinds of invasions remain the
simplest. Requiring employees to
change their passwords regularly,
CONCLUSION
Technology continues to ad- T he Law Enforcement
staff is always on the
lookout for dynamic, law
not allowing easy-to-guess pass- vance rapidly, increasing the avail-
words (for example, names, nick- ability of computer systems to the enforcement-related photos
names, or birthdates), and immedi- public, while decreasing their costs. for possible publication in the
ately denying access to employees As a result, more individuals join the magazine. Weare interested
who leave the organization represent online community every day. While in photos that visually depict
some basic security measures. In some remain content to cruise the the many aspects of the law
addition, telephone lines can be bur- Information Superhighway in enforcement profession and
glar-proofed by allowing only out- search of conversation, others use illustrate the various tasks
going communications from that the Internet as an avenue for their law enforcement personnel
machine. Finally, a software barrier criminal enterprises. perform.
known as a "fIrewall" can exclude Law enforcement officers can- We can u e either black-
unauthorized users. Though not un- not afford to let the information and-white glossy or color
beatable, most firewalls will deter revolution pass them by . Instead, prints or slides, although we
all but the most skilled and persist- they can use the online resources prefer prints (5x7 or 8xlO).
ent invader. available to gather intelligence, con- Appropriate credit will be
Because e-mail sent over the duct research, exchange informa- given to contributing photog-
Internet can pass through any tion, and reach out to their constitu- raphers when their work
number of computers before reach- ents. The tools they need may be just appears in the magazine. We
ing its destination, it is, by nature, a keystroke or click away . .. suggest that you send dupli-
unsecure. Some skilled crackers can cate, not original, prints as
place packet-monitoring programs we do not accept responsibili-
Endnotes ty for prints that may be
on servers that look for certain I  This tenn, which refers to people who break
keywords and then capture files damaged or lost. Send your
into computer systems in an unauthorized way, is
containing those keys to a me to be preferred to "hacker," which is a person ski lied in photographs to :
read later. Security-conscious users the writing and manjpulating of computer code, John Ott, Art Director,
legitimately or otherwise. FBI Law Enforcement
can use special software to encrypt 2 For information, phone 9 16-392-4640.
messages so that only the intended 3 For information, send an e-mai l message to
Bulletin , Law Enforce-
recipient can read them. police-I info@cunyvm.cuny.edu. ment Communication
Although outside sources 4 A server is a central computer that users Unit, FBI Academy,
access to exchange infonnation. Quantico, VA 22135.
threaten the security of computer sThough printed uppercase here, transferring
systems , department employees to  an FTP sjte usual ly requires a command typed
may represent more of a threat. in lowercase letters.
Point of View

Why Not Hire Civilian •  Take command of personnel in emergencies and 


direct complex public safety events and special 
Commmanders? investigations 
By  Joseph  L. Colletti,  M.PA 
•  Use discretionary authority in dealing with  
complaints from the public  

I  n 1828, Sir Robert Peel, the father of modern


law enforcement, said, "The police are the public
and the public are the police .... " Over time, attempts to
•  Ensure that reports, memoranda, and correspon-
dence prepared by the staff are complete, accurate, 
and ready for the executive to sign 
remove corrupt influences from American police •  Respond to difficult questions about regulations 
agencies forced many law enforcement officials to and policies. 
adopt a paramilitary organizational structure and to Effective managers have good decision­making 
reject the possibility of any civilian roles in policing. skills. They can judge alternatives and realize the 
While this stance helped distance police organizations ramifications of each decision. They look at long­term 
from corrupt political influences, as an unintended consequences and implications, rather than merely 
consequence, the police became estranged from the handle short­term crises. Their decisions are consistent 
very communities they served. with the department's mission and goals, even when 
The time has come, however, to revive Peel's those decisions might be unpopular. 
notion of the police and the public as one entity, Analytical skills enable good managers to identify 
sharing common goals and desires. The community- problems and their causes and to break complex 
oriented policing philosophy emphasizes focusing a  problems into components more amenable to examina-
law enforcement agency's talents and energies on  tion. These managers recognize gaps in data and can 
problem solving and changing the social conditions  conduct research to obtain necessary information using 
that give rise to crime. It seeks to empower both  a variety of sources. 
police personnel and community members to resolve  Upper­level managers must be able to set priori-
problems.  ties, coordinate and schedule tasks or events logically 
The community­oriented policing philosophy has  so as  to obtain the most benefit from staff and 
opened the door to using civilians in key management  material resources, and increase efficiency. Today, 
positions as a way for departments to  tap into the vast  these qualities exemplify a trait often referred to as 
reserves of managerial expertise available in the  "entrepreneurial . " 
private sector. It also fosters greater confidence and 
rapport with their communities and dispels the antago-
nistic relationships that might exist between the 
citizenry and the police. A civilian in upper manage- Chief Colletti commands
ment can serve as a bridge between the community and  the Emeryville, California,
the department.  Police Department.

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 

8 /  FBI  Law  Enforcement Bulletin 


Above all, upper-level managers are leaders. They administration­budgeting and accounting for ex-
coordinate, delegate, and follow up on the work of ample­­can be learned and perfected in the private 
subordinates. They guide and motivate people to sector and then  applied efficiently to  the realm of 
achieve tasks and solve problems. They take initiative policing. 
and do not shy away from action. Another position in which civilian command could 
The list of managerial duties and characteristics be advantageous is  internal affairs.  Rather than 
could continue, but what is most noteworthy is a task calling for the creation of an  external  review board, 
the list does not include-making arrests. Managers citizen complainants might view a civilian as being 
are not technicians. They must more fair and neutral than a 
have education and experience in sworn commander. 
the duties of managing a complex These represent a few of the 
organization, not necessarily in many positions civilian command-
the specifics of policing. ers can fill. Police executives 
contemplating the use of civilians 
Use of Civilian Commanders should consider the full range of 
Law enforcement agencies possibilities. 
a sign the title of commander,
captain of police, lieutenant, or Challenges
deputy chief to positions in Through decades of vigilance 
charge of a division or bureau, and effort, law enforcement as a 
with the incumbent reporting whole has sought to banish 
directly to the chief of police or political corruption and influence 
agency head. Whether the from its midst. As law enforce-
division conducts administrative, ment agencies embrace the 
investigative, or field work, the scope of duties and valuable concept of hiring civilian commanders, 
responsibilities for the commander remains essentially precautions should be taken to ensure that the gains 
the same. made in years past will not be compromised now. 
Civilian division commanders have worked in law Strict hiring standards should be developed (preferably 
enforcement for some time. Even though their presence on a statewide level) and uniformly applied to all 
is not new to the profession, many departments still civilian applicants to avoid political intervention. 
might not realize the unique strengths they can bring to In order to perform effectively, civilian division 
an agency. Unlike police officers who rise through the commanders, as well as any other civilian employees, 
ranks, civilian employees typically make lateral entries must be treated equitably and considered equal to their 
into law enforcement organizations and are selected sworn counterparts. They should be inserted into the 
because of their special qualifications. As a result, normal department hierarchy or rank structure. In 
they bring a fresh perspective to their positions and to addition, civilian commanders should be able to rotate 
police work. The public also might afford them a to other division assignments, just as captains or 
certain credibility due to their civilian background and deputy chiefs do. As second­level commanders, they 
expenence. should be tmsted to act in the absence of the agency 
In addition, simple economics justifies the wide- head, just as their sworn peers would. 
spread use of civilians. The cost of employing a sworn  Law enforcement executives who decide to bring 
division commander significantly exceeds the expense  in civilian managers will  need to take steps to gain the 
of a civilian because of considerable differences in  pay  acceptance of civilians in the police culture. It is 
and retirement rates.  important to emphasize that hiring civilians in no way 
In  many police agencies, civilians command the  devalues the contributions of sworn officers; it simply 
support services or administrative branches of their  provides a way for the agency to  take advantage of the 
organizations. The highly  technical  aspects of  expertise available within the community. 

­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ 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 .

• Accounts Payable/Receivable • Graffiti Abatement Program 1


• Affirmative Action Administrator • Internal Ombudsman
• Audit and Inspection Program • Jail Management
• Budget Administration • Neighborhood WatchlBusiness Watch
• Code Enforcement • Outreach Program Development
• Computer Systems Management • Payroll Supervisor
• Contract Administration • Personnel Recruiting and Selection
• Cost Recovery Program • Records and Communications
• Crime Analysis • Risk Management Program
• Cultural Awareness Director • Television Programs
• Custodian of Records/Personnel Files • Training Program Development and Administration
• Environmental Design Review • Workers Compensation Administrator

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.

10/ FBI Law Enforcement Bulletin  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 


 
Conclusion Bringing civilian division commanders into a law
The traditional law enforcement agency is com- enforcement organization can infuse the agency with
posed almost entirely of sworn personnel. If civilians fresh thinking. Carefully chosen, qualified civilian
work in an agency, they often are relegated to first-line administrators bring new ideas into an oft-closed
job assignments and rarely used in supervisory or group. What better way to foster the notions of
management positions. community-oriented policing than to bring members of
Today, however, the paradigm is shifting. Pur- the community into the police department? "
poseful police executive leadership is a full-time job.
The contemporary police agency should include For additional information concerning the use of
talented civilians at all levels of the organization, civilians in upper management, contact Chief Colletti
especially upper management. Law enforcement or Ms. Jeannie Wong, Division Commander, Admin-
managers are effective because they possess certain istrative Services, Emeryville, California, Police
qualities, traits, and skills, not because they have Department, at (510) 596-3707.
arrest powers.

FB/TN
New Name For
Satellite Training

Kansas City, Missouri, Police Department,


LESTN has offered hundreds of hours of
training on a variety of law enforcement topics
via satellite.
For the past year, however, the programs
have been the sole production of the FBI from
its training academy in Quantico, Virginia. The
name change to FBITN reflects the FBI's and
the Academy's continued dedication to training
law enforcement professionals worldwide.
The next two scheduled programs for
FBITN are on November 13, 1996 (Major

A  s of October 1, 1996, the Law Enforce-


ment Satellite Training Network
(LESTN) will be known as the FBI Training
Incident Protocol), and January 8, 1997 (Train-
ing and Technology). The satellite coordinates
for these programs can be obtained from SA
Network (FBITN). Started over 10 years ago Tom Christenberry, FBITN Program Manager,
as a joint venture between the FBI and the at 800-862-7577. "

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

12/ FBI  Law  Enforcement Bulletin  ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ -


tense. The father referred to the Truthful statements differ from fab- analyze a statement, investigators
children in the present tense; the ricated ones in both content and first need to examine the individual
mother used the past tense. Of all quality .J parts of speech, particularly pro-
times, when the "abducted" chil- Although spoken words can be nouns, nouns, and verbs, and to es-
dren really would need their mother, analyzed, investigators inexperi- tablish the norm for each. If a devia-
she peaks of them in the past tense, enced in statement analysis will find tion from the norm appears, they
e.g., "They needed me." The chil- it easier to begin by examining writ- then should ask, "Why?"
dren could no longer want or need ten statements. Investigators can
her because they were no longer make transcripts of oral statements. Pronouns
alive. Or, even better, they can have sus- Pronouns are parts of speech
This article gives a brief over- pects write a statement that details that take the place of nouns. Com-
view of statement analysis. It ex- what they did from the time they mon examples of personal pronouns
amines four components of state- woke up until the time they went to include I, me, you, he, she, we, they,
ment analysis-parts of speech bed. This account provides a totally and it. In statement analysis, par-
(pronouns, nouns, and verbs), ex- untainted version of the day's events ticular attention should be given to
traneous information, lack of con- and increases the validity of the the personal pronouns "I" and "we"
viction, and the balance of the analysis. and all possessive pronouns, such as
statement. Statement analysis is an aid that my, our, your, his, her, etc.
A word of caution is warranted can be used to obtain a confession; it
here. There is much more to state- is not an end in itself. Therefore, The Pronoun "I"
ment analysis than what is provided whenever possible, investigators Investigators have noted that
in this article; space limitations should analyze the statement before truthful people give statements us-
preclude incorporating other state- interviewing the suspect. ing the pronoun "I," which is first
ment analysis components, such as person, singular. Any deviation
the remaining parts of speech and ~P OR TANP R TS O F from this norm deserves close scru-
the numerous indicators of missing SPEECH tiny, for it could be an indication
information. Parts of speech form the foun- that the person is not totally commit-
Still, armed with the informa- dation of statement analysis. To ted to the facts in the statement and,
tion presented in this article, investi-
gators will be able to use these basic
techniques to gain insight into a sus-
pect prior to conducting an inter-
view. By learning more about a us-
pect and determining whether that
person is being deceptive, they have
a much better chance of identify-
"
Statement analysis
provides investigators
with vital background
ing the gUilty party and gaining a data and details about
confession.
relationships to explore
THE TECHNIQUE during the interview
Statement analysis follows a process.
two-step process. First, investiga-
tors determine what is typical of
a truthful statement, referred to
as the norm. They then look for
any deviation from this norm.
"
Special Agent Adams teaches statement analysis as part of
interviewing and interrogation courses at the FBI Academy.

____________________________________________________________________ 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

14 /  FBI  Law  Enforcement Bulletin 


the death, investigators may clear pronoun "we," to describe the as- asked me if I had any money. I
him as a suspect, barring contrary sailant and herself. told him no. We drove for
evidence. However, if the husband Because the pronoun "we" de- about an hour. During that
respond that the couple was very notes togetherness, the investigator hour, he hit me repeatedly on
close, investigators should be wary, reading "we" in an alleged rape the right side of my face. When
because statement analysis we got to the exit, I told
reveals otherwise. him I had no gas. He got
A shift from "they" to mad and told me to get off
"we" also is significant, for the exit. We went straight
it reveals personal involve- off the exit for about 4-5
ment. In white-collar crime miles. He told me to tum
cases, the guilty person down the first street on my
who denies complicity may left. We went down it
find if difficult to keep about lI4 of a mile. He
the pronoun "we" out of a told me to stop. He opened
statement completely. In the door, put both feet out,
such instances, investiga- hit me, and took off
tors need to search the walking quickly. He took
entire written statement off to the east of where I
for "we." Then, during the was parked. After that, I
interview, they should fo- took off and lost sight of
cus on the transaction de- him."
scribed with "we." This Investigators experienced in
pronoun indicates that the writer statement should a k if the victim statement analysis would question
was involved. knew the assailant and if they the truthfulnes of the above decla-
Another example of this shift in were together before the rape oc- ration. A true abduction statement,
the use of pronouns often can be curred. If the victim denies this, when normed, includes phrases
found in alleged rape reports. In the there is reason to believe the state- like "He forced me to drive ... " or
following two statements taken from ment is a fabrication. "He made me get off at the exit.. .."
rape reports, the focus is on the pro- In reports of an abduction, the Traumatized victims who are tell-
noun "we": use of the pronoun "we" also can ing the truth do not use the pronoun
"He forced me into the woods," indicate that the victim may not be "we" to describe assailants and
telling the whole truth. For example, themselves.
versus
a young woman who reported that Investigators concluded that the
"We went into the woods." she had been abducted at a shopping above statement revealed deception.
The first statement represents center provided the following writ- When interviewed, the woman sub-
the norm. The second statement, ten statement: sequently confessed that no abduc-
which contains the pronoun "we," is "I parked and started getting tion occurred. She was, in fact, with
a deviation from the norm. out of my car when a white a man she knew.
Veteran rape investigators are male about 200 pounds, 6 feet
alert to the sudden appearance of tall approached me and told me Possessive Pronouns
the pronoun "we" in a victim's to get in the car or he would Possessive pronouns, i.e, my,
statement. From their experience hurt me. He then got in the our, your, his, her, and their, reveal
interviewing rape victims, they back. I got in the front and the attachment that the writer or
have normed the rape victim to use began to drive. He told me to speaker acknowledges toward a
the pronouns "he" and "I," not the drive west on the highway. He person or object. A suspect will

---------------------------------------------------------------------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

16/ FBI  Law  Enforcement Bulletin  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 


using the noun "wife" seven times, The  no rm  fo r  health y  re la- wife.  Knowledge of thi s prior to the 
the nam e "Louise" s uddenly ap- tionships is a proper, clear introduc- intervi ew  could  ass ist  investi gators 
pears.  The  reader  doe  not  know  ti on.  But  in  tumultu ous  relation- in  uncovering the truth. 
fo r certain who Loui se is. It onl y can  s hip s,  intro du c ti o ns  ofte n  are 
be  assumed  that Loui se  i  the  wi fe,  confusing  or  mi ssing  completely.  Verbs 
but the  husband  gave  no  proper in- The  lack  of  a  proper  introduction  Verbs  ex pres  action,  either  in 
tro du c tion ,  suc h  as  " my  wife,  most like ly indicates a poor relation- the  past, present, or future.  In  state-
Louise."  ship  between  the  hu sband  and  hi s  ment anal ysis,  the  tense of the  verb 

The Mechanics of Statement Analysis

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."

Arson: " .. .drove back to my The lack of " ...drove back to my


house ... went out for possessive house went out for
dinner, returning to pronouns before dinner, returning to
my house ...left my property is my house ...left the
house .... "  burned house .... " 
White-collar " ...they The use of the word " .. .they
Crime: invested ...they "we" to describe inve ted ...they
purchased...they transaction purchased ...we
financed ...." financed ...."

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.

2 The
The Washington Post, November 5, 1994,

Washington Post, July 26, 1995, A7.


3 Udo Undeutsch published this hypothe is in
part tells what occurred after the statement are clearly out of balance. German in 1967. It also was reported in "The
event, including actions and emo- The "before" section is too long and Development or Statement Real ity Analysi ,"
tions, and should be at least as long the "after" section i too short. Credibiliry Assesslllelll, ed. John C. Yuille (The
as the first part. Examination of the statement Netherlands: Kluwer Academic Publishers,
NATO AS I Series, 1989). The Germans
The more balanced the three revealed that in the fir t part, the generally are credited with the advancement of
parts of the statement, the greater writer provided too much informa- statement analysis for investigative purpo es.
the probability that the statement tion totally unrelated to the fire. German psychologists devised a system to assess
is true. 6 A statement containing This signaled the investigators to the credibility of statements made by children in
child abuse cases. Called criteria-based content
the same number of lines in the ask themselves, "Is the writer stall- analysis , the technique became mandated in
before, during, and after parts, i.e., ing or trying to justify his actions?" German courts in 1954 in cases involving a
33 113 percent in each part, indi- Also, the statement contained disputed all egation of sexual abuse of a child.
cates truth, although some degree spar e information on what hap- • A vinoam Sapir, Scientific COlllent Analysis
(SCAN) (Phoenix, AZ: Laboratory of Scientific
of variation from perfect balance pened after the fire and lacked any Interrogation, 1987), 52.
can be expected. indication of emotion. There was no 5 Walter Weintrab, Verbal Behavior in
If any part of a statement is in- sign of anger, shock, or sense of Everyday Life (New York, NY: Springer
complete or missing altogether, then loss. The writer, who showed no Publishing Co., 1989), 13.
6 Don Rabon, In vestigative Discourse
the statement is probably false. The concern about the consequences of Analysis (Durham , NC: Carolina Academic
following breakdown of a statement the fire, ultimately confessed Press, 1994), 17.
written by a man whose home to setting it. ' Ibid., 35.
Focus on Information Resources
The Violent Gang and Gangs even have infiltrated U.S.
institutions once thought to be im-
Terrorist Organizations File mune. Firmly entrenched in correc-
By Peter  F. Episcopo and  Darrin  L. Moor  tional facilities, they now search for a
foothold in the military.2 Indeed, many
large gangs have nationwide follow-
ings, and some group have world-
wide memberships in structures
resembling organized crime families.
As they search for new markets in
which to operate, these groups export
their corruption to smaller towns,
which often have limited resources.
Unfortunately, unlike many of their
larger counterparts, small-town poUce
departments usually do not have a
database from which they can retrieve
information to help them identify and,
in turn, combat the acts of gang and
terrorist group members.
The Violent Gang and Terrorist
Organizations File (VGTOF) was
designed to help law enforcement do
just that. Implemented in October
1995 as a component of the National
Crime Information Center (NCIC), it
acts as a pointer system, identifying
known members of violent gangs and


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.

22/ FBI  Law  Enforcement Bulletin  ­ ­ ­ ­ ­ ­ ­ ­­ ­ ­- - - - - - - - - - - - - - - - - -


The VGTOF currently contains entries for 445
groups and 180 individuals. As agencies become more Law
familiar with the system, these numbers will grow. Enforcement's
Conclusion
Internet Address
Not long ago, terrorist attacks were thought to
happen only in other countries. As recent events
indicate, the United States is not immune to acts of
violence committed by both foreign and domestic foes.
Likewise, gangs that a few years ago were associated
only with large cities now are invading suburban and
rural neighborhoods nationwide.
As their reach extends, gangs and terrorist organi-
zations threaten an increasing number of Americans.
Fortunately, a concerted effort by all levels of law
enforcement can even the odds in the fight against
gangs and terrorists. By using the Violent Gang and
Terrorist Organizations File to share information with
their colleagues across the nation, law enforcement
agencies large and small will be able to quickly
identify and safely apprehend the members of these
T he FBI Law Enforce-
ment Bulletin staff
invites you to communicate
dangerous criminal groups. +  with us via e-mail. Our
Internet address is:
Endnotes
I  U.S. Department of Justice, Federal Bureau of Investigation, Uniform leb@fbi.gov
Crime Reporting Program, Crime in the United States 1980-1994
(Washington DC: Government Printing Office, 1980-1994). We would like to know
2 Gregory Vistica, "'Gangstas' in the Ranks," Newsweek, July 24, 1995, your thoughts on contem-
48. porary law enforcement
3 See U.S. Department of Justice, Federal Bureau of Investigation,
Criminal Justice Information Services Division, National Crime Information
issues. We welcome your
Center, TechllicaL and Operational Update 94-2, "Violent Gang and comments, questions, and
Terrorist Organizations File." suggestions. Please include
' Ibid. your name, title, and
' The primary agency is the first agency to enter a record for a particular
group. Once established, the record can be canceled only by this agency.
agency on all e-mail
6 Vehicles must meet the criteria outlined in "Violent Gang and Terrorist messages.
Organizations File," National Crime Information Center, Technical and Also, Law Enforce-
Operatiollal Update 94-2, Criminal Justice Information Services Division, ment is available for
Federal Bureau ofInvestigation, 24.
viewing or downloading on
Mr. Episcopo and Mr. Moor serve as training instructors in a number of computer
the FBI's Criminal Justice Information Services Division in services, including the
Clarksburg, West Virginia. For additional information on the FBI's home page. The
VGTOF and/or a list of reference codes, contact the home page address is:
Communications Unit, Programs Support Section, Criminal
Justice Information Services Division, FBI, Clarksburg, http://www.fbi.gov
West Virginia 26306, 304-625-2823. Requests for training
should be directed to the EducationiTraining Services Unit
at the same address.
Preventing police suicide generally focus on the
number of suicides, the methods em-
ployed, the impact of having service
Po/ice Suicide weapons readily available, and the
occupational factors that seem to
By THOMAS  E.  BAKER,  M.S.  contribute to the high suicide rate
and JANE  P.  BAKER,  M.S.  among officers.2
One re earch study found that
the suicide rate among police offi-
cers was three times higher than that
of the general population. 3 In addi-
tion, an unpublished research report
recently found that the police suicide
rate now has doubled. 4
Answers concerning police sui-
cide have been elusive, and many
issues remain unclear. But re-
searchers may have been asking the
wrong que tions. Rather than dwell-
ing on the rates and the means of
suicide, perhaps analysts should ask
what kind of support systems within
police departments could have inter-
vened before those officers took
their own lives.

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.

24/ FBI  Law  Enforcement Bulletin  ­ ­­ ­­ ­ ­ ­ ­ ­ ­ ­­ ­ ­­;­­­ ­ ­­ ---------


Many officers feel that referral
to a mental health professional
would mean the loss of their jobs.
Police supervisors have a similar
value system and, because of this
belief, they often fail to take the
appropriate action. As a group,
police officers and supervisors
often have protected those officers
experiencing depression and denied
the existence of any problems.
However, such an obvious cover-
up does a disservice to affected of-
ficers by denying them the help they Mr. Baker is an assistant professor Mrs. Baker is assistant director of
of criminal justice at the University of student development seNices for the
need.
Scranton and a lieutenant colonel Marywood College Counseling
As noted, troubled officers (ret.) in the U. S. Army ReseNe Center in Scranton, Pennsylvania.
usually resist seeking help. Offi- Military Police Corps.
cers fear that if help is sought, em-
ployment and economic security
will be threatened. This myth can be
dispelled through departmental
policy and the approach supervisor 3) other ways exist for dealing with signs make prevention and interven-
use when dealing with potential a situation, no matter how hopeless tion possible.
suicides. it seems at the time; and 4) someone Typically, multiple problems
Education on depression and is available to help them deal with plague suicidal police officers, so
suicide should be implemented for their problems. Police training and supervisors should look for a cluster
all personnel. Officers who receive departmental policy, a well as the of warning signs. These might in-
as istance might even develop into everyday examples set by police clude a recent loss, sadness, frustra-
better officers. They should be in- leaders, must communicate these tion, disappointment, grief, alien-
formed that seeking help doe not four messages consistently. ation, depression , loneliness ,
mean the end of a career, but the physical pain, mental anguish, and
start of improving a new career. Recognizing the Warning Signs mental illness.
Asking for help signals strength, Identifying at-risk officers is the The strongest behavioral warn-
not weakness, and that must form first step toward helping them. Is ing is a suicide attempt. Generally,
the foundation of any prevention there any common pattern to be the more recent the attempt, the
program. found in police suicidal behavior? In higher the risk factor for the officer.
A suicide prevention program truth, any member of the depart- Police training officers need to in-
can work only if members of the ment could become depressed and corporate education about suicide
department feel free to take ad- commit suicide under certain cir- warning signs as a regular part of
vantage of it. Police administrators cumstances. However, a long trail of the department's mental health
and supervisors must play a evidence typically leads to the final program .
nonpunitive role. They must com- act. Many suicidal people have When officers fail to perform at
municate to officers four clear mixed feelings about dying and ac- the optimal level for an extended
messages: 1) Seeking help will not tually hope to be rescued. About 75 period of time, the problem could
result in job termination or punitive percent give some kind of notice of be related to a major depressive
action; 2) all information will be their intentions. s If recognized and episode. Clinicians agree that de-
respected and kept confidential; taken seriously, these early warning pression often plays a major role in

_____________________________________________________________________ October 1996/25


suicide. 6 While anyone can have an
occasional gloomy day, people deal-
ing with depression suffer from a
deeper, long-term malaise.
Depression is a mood disorder
their Ii ves are devoid of hope, or they
see themselves as unable to mean-
ingfully alter their situations. When
they reach thi  point, they often take
action. The finality of suicide might
often coming and going in cycles.
Troubled officers want to be res-
cued, but do not want to ask for
assistance or know what specific
help to request. This state of confu-
I
that can be characterized as a be seen a a technique to restore sion actually works to a super-
person's overall "climate" rather feelings of former strength, courage, visor's advantage because suicidal
than a temporary "weather condi- and mastery over the environment. g  officers want a strong authority fig-
tion." Significant depressive epi- Supervisors should listen carefully ure to direct their emotional traffic
sodes last for at least two weeks. for expressions of these feelings. and make sense of the confusion.
During this time, a person might ex- Therefore, supervisors should
perience changes in appetite or quickly assure suicidal officers that
weight; altered sleep patterns and support and assistance is available.
reduced psychomotor activity; re- The situational leadership style
duced energy levels; feelings of
worthlessness or guilt; difficulty
thinking, concentrating, and making
decisions; and recurrent thoughts of
" Identifying at-risk
officers is the first
that applies here is one of direct-
ing and telling. Officers in a suicidal
state of mind are open to sugges-
tion and are likely to respond to di-
step toward
death or suicide. Finally, this person rections. Supervisors must use their
might plan or attempt to commit sui- helping them. positions of authority to tell officers
cide.? Behaviors such as exhibiting what action they expect. Further,
persistent anger, responding to supervisors should demand that of-

"
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,

26/ FBI  Law  Enforcement Bulletin  - - - - - - - - - - - - - - - - - - - - - - - - - - - - -


supervisors, or family members, re- the risk of suicide. Appropriate in- Contributing Factors," Journal of Police Science
and Administration 14 (1986), 17-23; and K.O.
sulting in a homicide followed by tervention can occur during a spe-
Hill and M. Clawson, "The Health Hazards of
suicide. Even if that does not occur, cific time frame, but within the Street Level Bureaucracy: Mortality Among the
a real danger of suicide exists at the police culture, denial often delays Police," Journal of Police Science 16 ( 1988),
point of intervention. assistance. 243-248.
3 Ibid., Hill and Clawson.
Supervisors should refer offi- Police officers throughout the
41.M. Violanti , "The Mystery Within:
cers to a certified mental health ranks must stop pretending that the Understanding Police Suicide," FBI Law
professional, even setting appoint- problem of police suicide does not Enforcement Bulletin 2 (1995), 19-23.
ments and making arrangements exist or that it will go away. Some- S E.A. GroHman, Suicide: Prevention,
Intervention, Post Intervention (Boston: Beacon
for the officers to be there. The one must break the silence of denial
Press, 1988).
department's responsibility does and take action. With further re- 6 American Psychiatric Association , DSM IV
not end there, however. Supervi- search, innovative prevention pro- Diagnostic and Statistical Manual on Mental
sors should monitor the situation to grams, and proactive training, offi- Disorders 4th ed. (Washington, DC: Government
Printing Office, 1994).
ensure that officers are evaluated cers' lives can be saved . .. 7 Ibid.
and receive continued support and s p. Bonafacio, The Psychological Effects of
counseling. Endnote Police Work (New York: Plenum Press, 1991).
I  w.  Bratton, "We Don ' t Want to Lose You," 91. Schwartz and C. Schwartz, The Personal
CONCLUSION Spring 3100 57 ( 1994), 12- 13. Problems ofthe Police Officer: A  Plea for
2See,for example, 1.M. Violanti, 1.E. Vena, Action. (Washington, DC: Government Printing
The research clearly indicates and 1.R. Marshall , " Disease Risk and Mortality Office, 1991 ), 130-141.
that being a police officer increases Among Police Officers: New Evidence and

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."

T his unusual pistol is available for sale at


some retail gun stores. When closed, the
weapon is no larger than a felt-tipped pen or
Submitted by Chief Jeffrey D. Herrman of the
Ottawa, Kansas, Police Department.
criminals would have on improving 
the safety and welfare of the Ameri-
can public. I 
A  decline  in  the  use  of  asset 
forfeiture  by  federal  law  enforce-
ment over the past 2 years prompted 
this  reinvigoration effort.  Although 
a  number  of factors  contributed  to 
this  decline,  the  loss  of  a  set 
forfeiture ' s effectiveness in address-
ing  serious  crime  and  criminals  is 
not one of them. 
The forfeiture of property stifles 
the goals of those who, motivated by 
greed,  engage  in  criminal  activity. 
Forfeiture  takes  the  profit  out  of 
crime, deprives  the  criminal  of the 
money  essential  to  finance  future 
criminal conduct, and works to dis-
mantle  the  financial  underpinnings 
of the criminal organization. 
This article discusses two recent 
Supreme  Court cases  affecting  the 
use of civil forfeiture. The first case 
addresses  one of the  major reasons 
for the downward spiral in the use of 
assest forfeiture­the concern over 
double  jeopardy.  The  second  case 
addre  es another issue that has con-
tributed to  the decline­the percep-
tion that civil forfeiture is unfair. 

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 

28 I FBI  Law  Enforcement Bulletin  _ _ __ _ _ _ _ __  _  _ _ __ __ _ _ _ _ __ _ _ _ _ __ 


 
successive punishment for the
same crime, in violation of the
Double Jeopardy Clause of the fifth
amendment.
" As a result of these
Supreme Court
In the past 2 years, a significant
decisions, law
number of opinions issued by the enforcement is
courts focused on this dilemma. 2 constitutionally
Two lower court rulings, in particu- permitted to use civil
lar, led to the Supreme Court deci- forfeiture, undeterred by
sion regarding double jeopardy dis- double jeopardy
cussed in this article. An adverse
decision by the Court could have
concerns.... , ,
freed hundreds of drug dealers
Special Agent Schroeder is chief of the Legal Forfeiture
across the United States, required Unit, Office of General Counsel, at FBI Headquarters.
the return of millions of dollars of
ill-gotten gain,3 and prevented the
future use of one of the most impor-
tant law enforcement tools available
to attack the organizational infra- punishment under the Constitution multiple punishments and prohibits
structure of criminal cartels. and, therefore , require greater the government from punishing
protections. The Ninth Circuit panel twice for the same offense. 12 
Lower Cour t Holdings reasoned that because the civil
In September 1994, the U.S. forfeiture action was the second Supreme Court Finds Civil
Court of Appeals for the Ninth Cir- punishment imposed for the same Forfeiture Is Remedial, Not
cuit reversed a forfeiture order offense, the Double Jeopardy Punitive
against various properties valued at Clause required them to reverse In United States v. Ursery,13 a
approximately $1 million that had the forfeiture order and return the decision filed on June 24, 1996, the
been seized from convicted metham- property.8 U.S. Supreme Court resolved the
phetamine dealers.4The court found In the other case, decided by the concern over double jeopardy in fa-
that the civil forfeiture of drug pro- U.S. Court of Appeals for the Sixth vor of law enforcement. The Court
ceeds and property used in money Circuit, the government and Guy consolidated the two lower court
laundering,S which followed the Ursery had agreed to settle a forfei- cases for purposes of its opinion
dealers' convictions on drug traf- ture action filed against his resi- and, in an 8-to-l ruling, demon-
ficking and money laundering dence after the Michigan State Po- strated a strong consensus regarding
charges, constituted "punishment" lice discovered marijuana and the role of civil forfeiture in law
under the Double Jeopardy Clause marijuana-growing paraphernalia at enforcement.
of the fifth amendment. 6 the residence.9 After the property, In reversing both lower court
The court based its finding in which had been used to facilitate the decisions, the Supreme Court ruled
large measure on two recent Su- unlawful distribution of a controlled that the government could use, in
preme Court decisions, one involv- substance, was forfeited under fed- combination, the criminal law to
ing double jeopardy and the other eral drug laws,lo Ursery was con- prosecute someone and the civil for-
involving the Excessive Fines victed of manufacturing marijuana feiture laws to confiscate that
Clause of the eighth amendment. 7 and sentenced to 5 years' imprison- person' s property, even where both
Both of these cases involved find- ment. The appellate court reversed actions were based upon the same
ings by the Court that certain gov- Ursery ' s conviction," concluding underlying criminal offense. The
ernment civil sanctions, despite that the Double Jeopardy Clause of Court held these "in rem civil forfei-
the "civil" label, could constitute the fifth amendment protects against tures are neither 'punishment' nor

­ ­­ ­ ­ ­ ­ ­ ­­ ­ ­ ­ ­ ­­ ­­ ­_ __ _ _ _ _ _ _ _ __ _ _  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

30/ FBI  Law  Enforcement Bulletin  _  _ _ __  _ _ _ _ __ _ _ __ __ _ _ __ _ _ __ __ __ 


 
an innocent owner defense, and Additionally, the Court has consist- purposes that are distinct from any
therefore, the state did not need to ently upheld the forfeiture of prop- punishment that may result from
prove the owner knew or agreed that erty from owners "without guilt" be- criminal prosecution of the owner.
the car would be used illegally.25 cause such laws furthered "the Such forfeitures help prevent future
The U.S. Supreme Court re- punitive and deterrent purposes" of illegal use and impose an economic
viewed the case in order to deter- the legislature in enacting laws that disincentive, rendering the behavior
mine whether Michigan's forfeiture "may have the desirable effect of unprofitable.
of the vehicle deprived the wife of inducing them (owners) to exercise
her interest in the car without due greater care in transferring posses- Conclusion
process in violation of the 14th sion of their property. " 29 The Court The decision by the Court in
amendment, or if it amounted to a answered the fifth amendment Ursery permits federal and state law
taking of her interest for public use "taking" question raised by Bennis enforcement to resume the seizure
without compensation in violation and forfeiture of property under the
of the fifth amendment, as incor- civil procedures without fear that
porated by the 14th amendment. The such action will bar subsequent
Court affirmed the decision of the prosecution of the owner. It also
Michigan Supreme Court and up- provides a clear signal that the Su-
held the forfeiture. preme Court recognizes and sup-
ports the strong "nonpunitive goals"
"Innocent Owner" Defense of civil forfeiture that serve law en-
Citing a long and unbroken line forcement in combating crime.
of cases holding that an owner's in- The significance of Bennis,
terest in property may be forfeited however, lies more in the rationale
by reason of the property's use, employed by the Court than in the
even though the owner was un- outcome. 30 It was a precursor to the
aware of that use, the Court con- Court's analysis in Ursery and re-
cluded that the issue is "too firmly turned the historical perspective of
fixed in the punitive and remedial in rem forfeiture actions that seemed
jurisprudence of the country to be by finding that the government may to have been changed in Austin v.
now displaced."26 The Court relied not be required to compensate an United States. 3 l
on the rationale of earlier decisions owner for property that has been The Bennis decision should not
to fmd that even though Mrs. Bennis acquired through a civil forfeiture be seen, however, as an unquali-
did not know her car would be used action. fied justification for forfeiture
illegally, its forfeiture by the state The Court, in reaching its con- where the owner is known to be
did not offend the Due Process clusion, noted that civil forfeiture innocent of any wrongdoing. In
Clause of the 14th amendment. 27 imposes an economic penalty on ille- Bennis, an associate justice in a con-
The holdings of the earlier cases gal use that is neither unconstitu- curring opinion warned that
cited by the Court have generally tional nor unfair. The Court bal- "[i]mproperly used, forfeiture could
been based on the concept that in a anced the increa ed responsibility become more like a roulette wheel
civil forfeiture it is the property it- for property owners against the need employed to raise revenue from in-
self that is being held accountable to deter criminal conduct and de- nocent but hapless owners whose
for its illegal use and thus the "inno- cided in favor of law enforcement. In property is unforeseeably misused,
cence" of the owner is not relevant. this regard, civil forfeiture is no dif- or a tool wielded to punish those
In its decision, the Supreme ferent that other laws based on im- who associate with criminals, than a
Court noted that the innocence of portant public interest precepts. component of a system of justice."
an owner has almost uniformly been Ci viI forfei ture of property He noted that the Constitution as-
rejected as a defense to forfeiture.28 serves both remedial and deterrent signs to states and federal agencies

---------------------------------------------------------------------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.

1°2 1 U.S.C. §88 1(8)(7) (forfeiture of real property


used to commit a drug felony).
II The district court denied Ursery's claim that the
con titutional "innocent owner" defense that began
appearing in federal appellate court decisions shortly after
Calero-Toledo v. Pearson Yacht Leasing Co. was
decided. See, e.g., United States v. One 1973 Bllick
Riviera Alltomobile, 560 F.2d 897, 900-0 I (8th Cir.
1977)(" ...the Court //lay have left open the possibility of
criminal conviction and sentence was a second an innocent owner raising a due process claim based on
tively take the profit out of crime punishment for the same drug offense in violation of his innocence in certai n narrow factual situations").
and deter future criminal conduct doublejeopardy. "See Austin v. United States, at 6 16 (" [n none of
" See Wille v. United SllItes, 115 S.O. 2199 (1995); these cases did the Court apply the guilty-property fiction
motivated by greed. " United States v. DixOII , 509 U.S. 688 ( 1993). to justify forfeiture where the owner had done all that
iJ United States v. Ursery, 116 S.C!. 2134 (1996). reasonably could be expected to prevent the unlawful use
" [d. at 2149. of his property.").
Endnotes " Id .at 2 140. 32 Justice Thomas, in his concurring opinion in

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.

32/ FBI Law  Enforcement Bulletin  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 


The Bulletin Notes

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. 

Whjle off-duty, Officer Martin A. Kochell of the Richmond, Virginia, Police


Department observed smoke pouring from a nearby apartment building. He ran
into the hallway of the building and was met by the resident superintendent, who
informed Officer Kochell that the young female occupant might be still inside.
After feeling the exterior door to determine if the fire had spread to the front room,
he decided to enter from the rear of the apartment. Driven back twice by heavy
smoke and flames, Officer Kochelllocated the uncon scious and badly burned
victim on his third attempt. He then carried her out of the building and collapsed .
Officer Kochell was treated for smoke inhalation and released. The young woman
was ru shed to an area ho pital in critical condition but is now recovering from her
burns.

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.

Sgt. Kenneth T. Jurick of the Peters Township, Pennsylvania, Police


Department responded to a report of three young children stranded in the
rushing waters of a rain-swollen creek. Upon arriving at the scene, Sergeant
Jurick saw a young girl in midstream holding onto a tree that had fallen across
the creek. The other two children were standing nearby, unable to make their
way to shore. Sergeant Jurickjumped into the creek, which had risen 5 feet
over its usual 12-inch depth. He took hold of the girl with one hand and guided
the two cruldren to the safety of the shore. The three children were treated for
minor bruises and abrasions and released to their parents.
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