Investigation

Authentic cases

Manslaughter

In 1981 Marianne Bachmeir, from Lubeck, West Germany, was in court watching the trial of Klaus Grabowski, who had murdered her 7 year-old daughter. Grabowski had a history of attacking children. During the trial, Frau Bachmeir pulled a Beretta 22 pistol from her handbag and fired eight bullets, six of which hit Grabowski, killing him. The defense said she had bought the pistol with the intention of committing suicide, but when she saw Grabowski in court she drew the pistol and pulled the trigger She was found not guilty of murder, but was given six years imprisonment for manslaughter. West German newspapers reflected the opinion of millions of Germans that she should have been freed, calling her 'the avenging mother'.

Crime of Passion

Bernard Lewis, a thirty-six-old man, while preparing dinner became involved in an argument with his drunken wife. In a fit of a rage Lewis, using the kitchen knife with which he had been preparing the meal, stabbed and killed his wife. He immediately called for assistance, and readily confessed when the first patrolman appeared on the scene with the ambulance attendant. He pleaded guilty to manslaughter. The probation departments investigation indicated that Lewis was a rigid individual who never drank, worked regularly, and had no previous criminal record. His thirty-year-old deceased wife, and mother of three children, was a “fine girl” when sober but was frequently drunk and on a number of occasions when intoxicated had left their small children unattended. After the consideration of the background of the offence and especially of the plight of the three motherless youngsters, the judge placed Lewis on probation so that he could work, support and take care of the children. On probation Lewis adjusted well, worked regularly, appeared to be devoted to the children, and a few years later was discharged as 'improved' from probation.

Assault

In 1976 a drank walked into a supermarket. When the manager asked him to leave, the drank assaulted him, knocking out a tooth. A policeman who arrived and tried to stop the fight had his jaw broken. The drunk was fined 10 pounds.

Shop-lifting

In June 1980 Lady Isabel Barnett, a well-known TV personality was convicted of stealing a tin of tuna fish and a carton of cream, total value 87p, from a small shop. The case was given enormous publicity. She was fined 75 pounds and had to pay 200 pounds towards the cost of the case. A few days later she killed herself.

Fraud

This is an example of a civil case rather than a criminal one. A man had taken out an insurance policy of 100,000 pounds on his life. The policy was due to expire at 3 o'clock on a certain day. The man was in serious financial difficulties, and at 2.30 on the expiry day he consulted his solicitor. He then went out and called a taxi. He asked the driver to make a note of the time, 2.50. He then shot himself Suicide used not to cancel an insurance policy automatically. (It does nowadays.) The company refused to pay the man's wife, and the courts supported them.

Investigation

"Any person accused of committing a crime shall be considered innocent until his (her) guilt is proven in accordance with the procedure stipulated by federal law and is confirmed by a court sentence which has entered into legal force." (Article 49 of the Constitution of the Russian Federation)

The investigator and the court base their conclusions concerning the
guilt of the accused upon the verification and assessment of the evidence.
Evidence in a criminal case is facts, on the basis of which the investigating
authorities and the court establish, in accordance with the law, the existence
or absence of a socially dangerous act, the guilt of the person committing the
act, and other circumstances of importance in making a correct decision in
the case.

The investigator, the militia, the prosecutor and the court establish the
facts in the case from the testimony of witnesses, the injured parties, suspects, accused, the opinions of experts, exhibits, the records of the investigation and court proceedings, and other documents.

The investigator, having received information that a crime has been
committed, inquires as to the persons who may be of help to him in establish­ing the circumstances of the case, and summons them as witnesses. To obtain
exhibits the investigator inspects the scene of the crime and makes searches
and seizures. He requests written documents from state establishments and
persons in office.

For the evidence collected by the investigator to be valid in court it
must be presented in the form of records of the interrogation, search inspec­tion, etc. The law requires all documents of investigation to be signed by
witnesses, the investigator, and other participants in the cases, and to be
without erasures, alterations, etc.

The collection of evidence before the trial is performed in the preliminary investigation. In more complicated cases the investigation is carried out
by investigators, and otherwise by the militia. To obtain evidence, the investigator takes steps to find eye-witnesses of the crime, to obtain exhibits, etc.

The testimony of witnesses is a type of evidence. A witness is a person
who is aware of facts relevant to a criminal case.

Upon receiving the summons, a witness must appear before the investi­gator or in court. If he fails to appear without good reason, he may be forced to by the militia and is criminally responsible for failure to appear. It is the duty of a witness to give all information at his disposal concerning the case and the accused.

The indictment is the culminating stage of the investigation in which the investigator sets forth the particulars of the crime and the evidence col­lected in the case and specifies the article of the criminal code covering the acts of the accused.

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