Why it is Important to Develop an Investigative Mindset (Essay Sample)

INVESTIGATIVE MINDSET
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Key words: Investigative, Mindset
Introduction
The investigative mindset is a conceptual and practical technique of investigative that encourages detectives and other involved parties to remain open minded and all inclusive through the entire process of an investigation. (Rossmo, 2009, 102) An investigative mindset demands a hawkish, skeptical approach and attitude in the identification, analysis, evaluation and pursuit of information relevant to each stage of investigative engagement, considering and anticipating that it actually could be false, biased or incomplete (Newseum, 2009). Strict adherence to this technique is valuable in identifying and evaluating relevant issues, avoiding emotional involvement, gauging plausibility of possible underlying assumptions, maintaining crucial objectivity, considering substance over sentiments and developing well thought- out and practical hypotheses for addressing the subject of investigation (College of Policing, 2013). Its application can essentially lessen the risks of detectives making premature decisions and developing adjudged personal biases since premature decision making is by far the most common cause for miscarriage of justice (Rachel, 2013,11). As thus, this technique could significantly lessen this risk and is extremely important to the investigative process. This paper therefore, seeks to delve into the critical review the various principles of investigative mindset to determine their relative effectiveness in the investigative process.
The Investigative Mindset
Theory of transfer
Criminal investigations to a large extent hinge on the theory of transfer which says that when two objects interact, some effect of that interaction can’t be established and verified immediately but at a later time (Ward and Heerema, 2013,7). Conceptualization of this theory helps investigators to cognitively navigate complex and interrelated investigative processes so as to prevent the inadvertent loss of key pieces to the process or the failure to identify and preserve evidentiary materials as this contact between subjects of the investigation includes people, things or both (Dershowitz, 1996, 78). For instance, a gun used in crime can make physical contact with a victim or perpetrator, transferring blood, skin, hair, clothing fibers, gun powder or any other impression to the weapon or the perpetrator and also establish a sort of link between the assailant and the victim. The theory is essential in keeping tabs with any turn and developments that could arise in the course of an investigation (ACPO, 1998). Consequentially, this theory keeps a given investigation open and in progress as it develops on to conclusion and creates development of crucial links. It is therefore a major aspect of the concept of an investigative mindset. The theory however has inherent weakness in that it would require huge amounts of resources and personnel to keep up with the many intricate issues that could arise in a single case (College of Policing. (2014). It also leaves an investigation impractically too wide to narrow down to workable approaches. That said, the concept is key in dealing with the complexities of modern day complex criminal investigations and is therefore very useful in thoroughly probing cases beyond reasonable doubt in accordance to the rule of law.
Crime pattern theory
This theory attempts to explain why certain crimes are committed in some areas or why some people are more likely to commit particular crimes. The theory therefore puts emphasis on why investigators should make certain small generalizations when probing certain crimes or suspects on basis of likelihood since one’s experiences and way of life predispose them to certain behaviors or areas, primarily their awareness space (Watts,2003, 54). The theory is strong since it majors on the elements of people’s experiences to establish an investigation approach as well as narrow down on potential motives and possibilities. It is integral in the concept of investigative mindset by creating general possibilities. It has gaping weaknesses however as it is prone to manipulation. It is increasingly easy to undermine in a world where communication, mobility and experiences are easily and widely shared. In this respect, it is highly vulnerable to exposing people to wrongful convictions and as such, should be used in cooperation with other investigative theories for effect.
Rational choice theory
The theory states that a criminal goes through an evaluation process to determine perceived gains, needs, risk, possibilities of apprehension, punishment and other situational considerations like potential targets and location (Britton, 1997, 4). Investigators largely use this theory to gauge potential motivations, influences and general motives during the investigation process. The theory is priceless in the sense that it links various aspects of evidential and situational developments of an investigation hence, largely supplements the concept of investigative mindset to investigators (Tong and Bryant, 2009,6). It is however limited by the fact that interpretation is done in the perspective of the investigator and not the suspect. This leaves a huge chance for misinterpretation as well as general notion to use a pattern to evaluate possibilities.
Routine activity theory
It is closely related to the rational choice theory in approach. It states that crimes of a predatory nature and thrive upon three variables namely; a suitable target, absence of a capable guardian or other interventions and motivated offenders (Siegel, 2009:67). Such crimes are generally carried out by people who have general routine interactions with victims, usually in social places (Riedel, 2011: 45). These targets generally have very predictable vulnerabilities that the perpetrator is aware of. This theory is important to investigators when especially investigating crimes carried out by suspects deemed to be socially close the victims. Limitations however emerge on its ability to prove cases beyond reasonable doubt and generally relies on evidential materials as well as input from other theories and circumstantial evidences for conclusive evaluation.
Conclusion
In conclusion, it is notable that while investigations generally aim to seek answers to various aspects of the concept of an investi...