Law En'lorcement Bulletin

JUNE 1975 Law Enforcement Bulleti!.

CONTENTS

MESSAGE FROM THE DIRECTOR Choosing a career in law enforcement.

PLANNING: THE DYNAMICS OF POLICE ADMINIS• TRATION" by James J. Zurawski, Director, and JUNE 1975 Sgt. Edward C. Brooks, Research and Develop• ment Division, Police Department, Chicago, 'III. 2

VOL. 44, NO. 6 A VIEW OF POLICE PRODUCTIIVITY, by Hon. Clarence M. Kelley, Director, Federal Bureau of Investigation, Washington, D.C. 7

THE EFFECTIVENESS OF SNUB-NOSE 'REVOLVERS AND SMALL AUTOMATIC PISTOLS, by Vincent J. M. DiMaio, M.D., J. Allan Jones, W. W. Caruth In, Louie L. Anderson, and Charles S. Petty, M.D., Southwestern Institute of Forensic Sciences, Dallas, Tex. 10

COMPUTER CATCHES KIDNAPER, by Sadatoshi Suzuki, Director, Criminal Investigation Division, Metropolitan Police Department, Tokyo, Japan 14

PROFESSIONALISM: LEGACY OF THE 100TH SESSION ". . • I am sure you will show the people of America that they may trust in the law and in yoli." 19

THE SILENT WITNESS, by Insp. Charles A. Donelan, Federal Bureau of Investigation, Washington, D.C. 22

WANTED BY THE FBI 28

Published by the FEDERAL BUREAU of INVESTIGATION

UNITED STATES DEPARTMENT of JUSTICE THE COVER This month's cover photo dramatizes the immense scope and Impact pollee Washington, D.C. 20535 planning and research operations can have on a city-in this case, Chicago, III . Inset are Superintendent of Police James M. Rochford (standing at ex• treme leftl and members of his depart• ment's Research and Development staff. See article beginning page 2. JUNE WILL BE A MONTH of great decision for a If we look far ahead, as youth certainly must, large number of graduating youths. They will these two qualities-challenge and accomplish• face the frequently hard prospect, for most ment-take on huge dimensions for the future. persons, of choosing and pursuing a career. To There are, for example, few greater long-range many, this decision may be the most important threats to our society than the looming specter of their lives. of crime. And there is no more worthwhile goal I am often asked for career advice and have than the just, orderly, secure, and creative no hesitancy in recommending to any interested society that respect for the law can inspire. young person a career as a law enforcement officer. The profession has given me a great sense Young people should put aside the derring-do of personal satisfaction. Although it is both a television, cinema, and novelist's image of the livelihood and an adventure, law enforcement is law enforcement officer. While there is plenty in much more than just these. For me, it has been a police work to reinforce this stereotype, the law rewarding opportunity to do something special enforcement mission is too profound for just with my life. Law enforcement has done some• courageous, decisive, and dynamic individuals. thing special for the lives of many others and It also needs persons with intelligence, com• can do it for many more. passion, and vision. The law enforcement profession offers two For those young people who earnestly want a great qualities in life which have captured the imagination of ambitious and perceptive youth better tomorrow for themselves and their country, during all periods in our history. These are the there are few greater opportunities to work for excitement of challenge and the satisfaction of it than by enlisting their talents in the law meaningful accomplishment. There is rarely a enforcement effort. Of the priorities facing our day when a law enforcement officer does not find Nation, the search for a more lawful society is both. surely one of the most vexing.

CLARENCE M. KELLEY JUNE 1, 1975 Director "The police aclministrator can no longer allorcl to question whether he shoulcl have a specializecl planning unit, but rather, he must ask if he can allorcl not to have one." PLANNING: THE DYNAMICS OF POLICE ADMINISTRATION

By JAMES J. ZURAWSKI Director and SGT. EDWARD C. BROOKS Research and Development Division Police Department Chicago, III.

...

Flanked by Director Zurawski on his right and Sgt. Brooks on his left. Chicago Police Superintendent James M. Rochford (second from rightl discusses planning study with the Research and Development staff. ..~ 2 FBI Law Enforcement Bulletin ,I Therefore, every police administrator and detailing in advance action to be In 1967, after considerable research has an obligation to his local govern- taken toward implementing desired and effort, the President's Commis- mental administration and the com- change." 4 By these definitions alone, sion on Law Enforcement and Admin- munity he serves to deploy all the it becomes obvious that all police istration of Justice reported with em- resources of his department in the agencies, regardless of size, need and .. phasis that: most efficient way possible without utilize the planning process. Planning sacrificing effectiveness. The police in large departments is usually han- "A police force cannot be effec- administrator can no longer afford to dled by a specialized group of well- tive if it is administered on a day- question whether he should have a trained individuals, but in small de- to­day crisis basis. It needs specialized planning unit, but rather, partments it may be handled by the plans: contingency plans, for ex- he must ask if he can afford not to chief of police or his deputy. The fact ample, about how to handle a have one. remains, however, that the need for visit by the President or how to For the benefit of these adminis- planning is present in all size depart- capture an armed desperado trators, it might be well to review ments, differing only in volume and holed up in an apartment; op- some of the critical elements of the form. Any police department that is erational plans about how to de- police planning and resea~ch function well administered and successful in- ploy men in various neighbor- and expose them to practical situa- variably has a planning and research hoods at various times of day or tions. An examination of some of the unit.5 Unfortunately, however, there how to deal with the problem of many books and articles devoted to still are police administrators who apartment burglaries; Ion g- police planning reveals a very definite allow operational personnel to deal range plans about improving the consensus regarding the purpose, with highly sensitive department prob. quality of personnel, installing methodology, and overall nature of lems and dispose of them by utilizing new equipment or controlling the planning process_ It also becomes individual judgment. Morale, budget, widespread vic e, budgetary obvious that a number of questions efficiency, and public confidence in the p I a n s, community­relations which arise in the minds of police ad- organization are apt to be severely plans, technological plans, and ministrators require definitive an- damaged as a consequence. plans of many other kinds. It swers before they can be convinced of Specifically, planning and research needs not only to develop new ., the utility of a planning unit. units should do many of those things plans but to review continually Let us examine some of these ques- for the chief that he does not have the the operation of plans already in tions in order. time to do himself. Depending upon effect and to amend or discard the size of the department, this may them if necessary. To do this What Is Planning and include a wide range of responsibili- kind of planning to best advan- What Does a Planning ties. While there are no standard func- tage, a department must first and Research Unit Do? tions for planning units, the focus of engage in research and anal- their efforts will be to examine, in ysis_" 1 The concept of planning has been minute detail, every aspect of police • It is unfortunate that even after the defined in many ways by authorities organization, operation, and manage- ~ publication of this report more than on the subject. O. W_ Wilson defines ment; and by analysis and contempla- 1 8 years ago and the many subsequent it as a process of finding facts and tion will attempt to increase the effec- statements and articles supporting its analyzing them to determine present tiveness of police efforts as well as findings­not the least of which is the and future needs and then developing improve the economy of their opera- "Report on Police" by the National procedures and resources to meet these tions at every level. 6 2 'I Advisory Commission on Criminal needs. William H. Newman charac- Justice Standards and Goals­there terizes it simply as "deciding in ad- What Can Planning Do are still many police department ad- vance what is to be done; that is, a for Management? ministrators who do not perceive an projected course of action." 3 Accord- advantage jn using a formal planning ing to comprehensive research con- Even in the smallest departments process. More and more, during this ducted by Michigan State University's such concerns as manpower needs, • period of inAation, traditional sources School of Police Administration, plan- operating costs, workload, crime rate, .. of revenue are becoming overbur- ning involves the "marshalling of facts and citizens' calls for service are con- dened, and new sources of revenue are relevant to solving particular prob- stantly changing. The demography of becoming harder and harder to find. lems, evaluating alternate solutions, cities and communities is dynamic

June 1975 3 with respect to size and composition. "If any planning unit is to off. The space program is perhaps the All of these changing situations should be effective, it must be dedi• most vivid example. The potential continually be evaluated and reviewed cated to change; and if it is which planning holds for a police during the process of planning and going to improve things, it department is endless. modifying the goals of the police invariably must change them." The chief who keeps abreast of agency.' If any planning unit is to be change in his community finds it nec- .. effective, it must be dedicated to selecting, training, and promoting per• essary to constantly engage in the change; and if it is going to improve sonnel. process of evaluation and revision. things, it invariably mu t change Operational planning involves the When he finds it necessary to request them. This includes changing polices, systematic planning of the general additional manpower or equipment in forms, procedures, and everything operations of the department, such as the annual budget, he must be able to that seems capable of improvement. deciding shift assignments, patrol appear before the legislative body and .. The police, like most other persons, size, schedules, and level of support justify it. He should be able to ex• tend to resent change, but it is sur• service3. Too often, planning in this plain it in terms that are meaningful prising how rapidly officers come to area is prompted only by crisis. and relevant to those who must make accept frequent change if an adequate Procedural planning consists of de• the decision on appropriating the ~ effort is made to explain it and enlist termining, after careful considera• funds for police planning and them into the program for improve• tion, sound, written, and clear field re earch. II ment. S and administrative procedures that One of the most convincing ap• The police administrator himself will promote optimal organizational proaches that police administrators should specifically determine the long• efficiency. These procedures will re• may use with city councils or State range, intermediate, and short-term quire frequent and regular review in legislatures is to simply demonstrate ~ plan for hi organization and ensure order to keep them up to date. Expe• the utility of planning and research that they receive his best efforts to• rience has demonstrated that police units by citing successful examples of • ward implementation. Few chiefs of departments practicing this review their operations. any size department have the time to procedure have better communica• Some Chicago Police Department conduct comprehensive trend com• tions and control systems and pro• examples that illustrate this point parisons and crime analyses, compute mote personnel safety. follow: j< workloads and assignments, or corre• Tactical planning involves the crea• 1. As a consequence of civil dis• late crime pattern, evaluate pro• tion of plan that will be effective in orders that occurred in the grams and measure productivity, etc. the event of emergencies and crises City of Chicago during the Thu , it is imperative that he dele• uch as civil di order, weather dis• late sixties, the Planning and gate thi responsibility to omeone a ters, airplane cra hes, nuclear at• o Research Unit began a study el e. It is commonly believed that tack, etc. 11 The social turmoil of the of the situation to determine four general types of planning are re• ixtie demonstrated very vividly to strategy and solution. The quired in fulfilling the police agency's police department all over the ation tudy proved to be an exercise respon ibility. They are (1) manage• that the need for tactical planning is in imple logic. The cause of • ment planning, (2) operational plan• vital. Thi era gave ri e to massive the high escalation of mass ,. ning, (3) procedural planning, and public demonstration and militan t disorders at cenes of civil (4) tactical planning. Each of these civil di obedience by groups intent demonstration was due pri• type may enjoy a pecial po ition in upon police confrontations which marily to the fact that suffi• large departments; but in mall de• most police agencie were totally un• cient numbers of police were partments. becau e of limited re• prepared to handle. ource , they can be integrated into not responding to the scene .. one operation.10 early enough to be an effective Row Can Management Justify deterrent factor. After the Management planning is directed Planning Units to tlte toward setting overall department Legislative Body? poli y and determining departmental "The social turmoil of the goals. Management plan must deal Planning and re earch can be very sixties demonstrated very viv• with budgetary and personnel policies expen ive, but the great achievements idly to police departments all and problem like alary considera• made in public and private ventures over the Nation that the need tions and standards for recruiting, illustrate that it has invariably paid for tactical planning is vital."

4 FBI Law Enforcement Bulletin "The rapid increase in the cost and complexity of law enForce• ment in recent years has made s ystematic planning a necessity in even the smallest departments. ~,

problem was defined, and percent of the returned of separate forms that had thoroughly researched, the de- cards.12 previously been used. partment's emergency re- 4. Another good example is the As can be seen from the examples, sponse plans were developed. Time Scheduled Court Call there are several concrete ways in 2. The Research and Develop- System. This system was de- which a chief executive can demon- ment Division planned and de- veloped when it became ob- strate the viability of planning and re- veloped a police period year vious that improved proce- search units. They promote economy for police operations that dures were needed to decrease through the savings of money or more involved dividing the year the number of hours that po- efficient use of personnel, a depart- chronologically into 13 28­day lice officers and witnesses ment's most precious asset. They can periods. This allows periods spend in courtrooms awaiting resolve issues in doubt as was accom- with similar weather condi- the call of their cases. This plished in the survey of police service tions, hours of the day and process resulted in a waste of , quality. They can develop procedures night, and times of the year, to public funds and police man- which will be useful in emergency be more accurately and realis- power. The Research and De- situations. tically compared criminolog- velopment Divi sion, in coop- The chief has several means at hand ically from year to year. The eration with the Cook County to convince the "keepers of the purse" new system has additionally Circuit Court, developed and of the utility and necessity of these improved the department's implemented an innovative units. administrative process tre- time­scheduling program that mendously, including uni- lessens considerably an of- formity of work and day­off ficer's time in court and saves How Should Planning Units Be schedules, furloughs, and time- thousands of man hours. Organized and Staffed? keeping responsibilities. 5. A recent assignment of the 3. Another example of successful planning unit involved the Although effective planning can planning is the Chicago Police mounting load of depart- occur without the establishment of a Service Survey Program. In mental paperwork. Early in formal planning unit, it is a reason- order to provide accurate and 1974, the department began able assumption that superior results up­to­date information, the experiencing very serious will take place with one. The rapid Research and Development Di- backlogs, for example, in the increase in the cost and complexity vision designed a survey pro- handling and processing of of law enforcement in recent years has ., gram to determine exactly the field case reports. Research by made systematic planning a necessity quantity and quality of service planning personnel indicated in even the smallest departments. The rendered to the public. The that 17 percent of these re- chief of the department should dele- survey involved a procedure ports involved unfounded gate this planning responsibility to by which every citizen who cases. The elimination of these others in a way which ensures the ful- called for or received any kind reports alone has saved the fillment of the department's objectives_ of police service was automati- department ahnost $400,000 In doing this, he must keep a number cally sent a followup survey and 51,395 man hours. Also, of factors in mind. First, the process card upon which he was re- the function of reproducing of selecting a person to direct the plan- quested to document his re- the required number of copies ning process must focus on individuals actions to the service received of case reports has been de- who are capable of translating and and forward the card to the centralized to area criminal presenting the chief's policies and department Research and De- investigation units. Much goals as the chief would himself. .. Second, the staffing of the unit should velopment Division for analy- faster retrieval of statistical sis. The department discovered data resulted. The research involve some basic selection criteria; that it rated a satisfactory re- produced a new report form the planning staff should be capable sponse in approximately 95 which has eliminated a variety of collecting facts and presenting them

June 1975 5 (t • •• the organization of the planning unit must be flexible enough to encourage self·motivation and individual initiative while providing the structure and review necessary to maintain productivity. " clearly. A good planning officer their work must refle ct the will of the 13 Schoo l of Police Ad minis tration, Training Bulle. possesses a broad understanding of top administrator. skills and techniques of planning, has Thus, the organization of the plan• knowledge of the subject matter to be ning unit must be flexible enough to analyzed, and is creative and men· encourage self-motivation and indi• tally alert. Third, the relationship of vidual initiative while providing the this unit with the chief is a key element structure and review necessary to of its operation. It should be remem· maintain productivity. Within this According to preliminary fig• bered that the unit is merely an ex· atmosphere, the attributes of the plan• ures contained in the FBI's tension of the chief himself and that it ner- integrity, honesty, ability to Uniform Crime Reports, serious serves his ends and that of the depart• compromise, loyalty, and pride- and crime in the United States rose ment. The unit should be provided an the combination of individual talents 17 percent in 1974. The crime appropriate work environment and will generate a healthy, efficient, and statistics are based on informa• should be encouraged by the adminis• viable unit. tion furnished by city, county, tration to utilize innovation and and State law enforcement 13 Conclusion experimentation. agencies. A chief in selecting a planning Planning is essential if an agency The violent crimes of murder, staff must remember that some per• is to achieve its goals. 0 one execu• forcible rape, robbery, and ag• sons will not make good planners. tive is capable of performing all of gravated assault increased 11 Many police chiefs themselves fail the planning fun ctions of an organiza• percent as a group. Robbery in• miserably in this responsibility and tion. The creation of planning and re• creased 14 percent, while forci• are successful only because they dele· search units in police departments of ble rape and aggravated assault gate this function, totally, to personnel all sizes is necessary to adequately each rose 9 percent. Murder was in whom they have great confidence. meet the challenges that confront the up 5 percent. Property crimes, Planning units should operate with• law enforcement profession. as a group consisting of bur• out an official rank structure in the FOOTNOTES glary, larceny-theft, and motor sense that the contributions of each 1 Report of the President'. Commiu ion on Law vehicle theft, increased 17 per• member are equally important. While Enforcement and Administration of Justice. "Task cent. Larceny-theft rose 20 per• Force Report: Th e Poli ce," U.S. Government Printing this is a desirable goal, it is difficult Office, Wuhington, D.C., 1967, p. 49. cent, burglary 17 percent, and to obtain in the structure of most ~ Wilson, O. W. , and McLaren, Roy Clinton, "Police motor vehicle theft 4 percent. police departments. The responsibility Administration," 3d , McGraw-Hill , Inc., N.Y. , 1972, p.ISS. Suburban law enforcement re ts with the head of the police !l Newman, William H" "Administrative Action ," 2d, agencies reported a 20-percent agency to formulate this objective in Prentice Hall, Inc., Englewoo ds Cliffs , N. J .. 1963 , p. 15. rise in the volume of crime, a policy statement. If this rankless ap• .. chool of Police Administration and Public while the rural areas reported an Safety, "Tuining Bulletins for Planning and Research proach is not followed , a series of Units in Medium Sized Police Departments," Michigan increase of 21 percent. Cities dysfun ctional effects and conflicts may tate University and LEA A, U.S. Government Print· with 100,000 or more inhab• ing Office. Washington. D.C.• 1968, p. 2. occur including unnecessary project 5 Butler, Sgt. Howard S., "I. Relearch and Planning itants reported an increase of or ta k review, abuse of rank author• Necessary," Law and Order, March 1970, p. 73 . 13 percent. " Ibid. ity and the inability of the unit to 7 School of Police Adminiltration, Training Bulle· Geographically, the Southern attract competent staff because of tin., p. 1. States reported a 21 percent • McDonell, R. E ., Addre •• to a Police Planning rise in the volume of Crime In• rank conflict. Workshop, IAC P Convention, "The Police Yearbook, Personnel who staff the planning 1966," IACP, MD 1966, p. 46. dex offenses. Crime in the • Ibid. North Central States was up 17 unit must also have an abiding con• 10 School of Police Adminil tration. Trai ning Bulle· tins, pp. 2-6. percent, in the Northeastern fiden ce in their ability_The y must con• 1\ Ibid .• p. 47. States 15 percent, and in the tantly remember that they are exten• 12 Roc hford , James M., " Determinin& Poli ce Effec• riveneSl," FBI Law Enforcement Bulletin, October Western States 13 percent. SIons of the department head, and 1974. 6 FBI Law Enforcement Bulletin ... I -I A View of Police Productivity*

fits for the people we serve. crime research and statistical A t a recent science fair in That is why we are gathered data. Virginia, a high school student here today. By July 1, the Law Enforce• demonstrated a dramatically But one of the problems we ment Assistance Administration • simple way for archeologists confront is that police produc• alone will have distributed to pinpoint the age of objects tivity is not nearly as easy to as• about $4.1 billion in Federal through radioactivity. sess as the work of that gifted funds during the 7 years of its Without benefit of a lush reo young scientist in Virginia. operations. search budget or a sophisticated Yet it is vitally important to The cost of police services in laboratory, the student devel• us and to society that we prop• our country reportedly has risen oped a process involving four erly define police productivity, from $3 billion in 1967 to $8.6 flasks, a separation funnel, tub• develop reliable benchmarks to billion in 1974. ing, a balloon, and some glass• measure productivity, and set Americans today are not only ware. about improving our produc• feeling the crunch of inflation One enthusiastic scientist was tivity. and unemployment problems, quoted in the press as saying the Wh y is this so essential? The but are being gouged by increas• student had advanced the study reasons are obvious, I'm sure, to ing financial losses caused by of archeology 50 years by puL• this knowledgeable audience. crime. ting together effective apparatus We need but to consider the The Commerce Department archeologists could actually take continuing steep climb in seri• recently reported that crime into the field. ous crime in our ation- 17 losses suffered by businesses• I think that young man's work percent last year, probably a na• the supermarket, the department exemplifies productivity. tional record. store, the neighborhood drug• With a minimum of resources, We need only consider the store-cost each consumer an ./ he tackled a difficult problem massive amounts of money be• extra $1.71 a week in 1974. and whipped it-efficiently, ef• ing poured into the criminal jus• It was estimated that busi• fectively, and with obvious bene• tice system and anticrime efforts nesses lost $20.3 billion due to fits for society. at the Federal, State, and local theft, armed robbery, shoplift• We in law enforcement also levels. ing, bad checks, and other crim• seek to accomplish more with It has been estimated that the inal acts. our resources-efficiently, effec• Federal Government will spend Crime has become an insatia• tively, and with maximum bene• $110 million next fiscal year on ble despot, demanding ever-in•

*This is an address given by Hon. Clarence M. Kelley, Director, Federal Bureau of Investigation, before the Police Foundation National Conference on Productivity in Policing, Washington, D.C.. April 15. 1975.

June 1975 7 creasing tribute from Ameri• fortunate enough, as police What we seek are answers, not cans-tribute in the form of tax chiefs, to enjoy, as I did, good excuses. dollars, tribute in the form of working relationships with city We recognize that while the billions in cash drained from hall, know what an invaluable lawman's investigative and ar• our economy by criminal activ• commodity that is. rest functions are but the first ity. The point is, now, more than steps III the judicial process, Spending in the United States ever before, law enforcement every other step in that process for police, courts, and prisons executives at all levels and the is dependent upon them. increased from about $3.5 bil• governing officials they deal with Rather than say we cannot lion in fiscal year 1960 to an es• must work together earnestly, guide our own destinies because timated $13 billion in 1973. with mutual under tanding and of our interrelationships with I need not point out to this with resolute purpose. other criminal justice activities, assemblage the painful financial This conference is clear evi• we are declaring, in such con• pinch many of our municipali• dence that the police profession ferences as these, that we are ties are III today. Traditional is willing, once again, to put it• willing to expose and to correct sources of revenue have been self on the spot. Productivity our own failings first. • squeezed to their limits in many concepts demand that every as• But we must hope and trust cities; still, some face serious pect of police management and that our message will stimulate budget deficits. police functions be subjected to greater interest III improving City payrolls nationwide have objective and penetrating eval• other facets of the criminal jus• increased 164 percent sIllce uation. tice system. 1963, and some metropolitan It is a salutary thing that we Attorney General Levi told an cities have found it necessary to do so. Our society will benefit FBI ational Academy graduat• lay ofT large number of em• from it. ing class March 20 that a slug• ployees. Despite what our critics may gish criminal justice system These stark facts clearly spell say, I don't know of any other loses its value of deterrence. out in large bold letters the need field of endeavor in which so And we might add that deter• for law enforcement to examine much effort has been put into rence is most certainly a meas• prospects for improved produc• discovering new ways to achieve ure of productivity in the crim• tivity. And the need seems par• better performance than in the inal justice field. ticularly acute at the municipal police profession . There are It is significant to me that the level, where urban deterioration some professional fields III productivity concept involves and its constant companion, ris• which relatively little effort has study and evaluation by people ing crime, are common affiic• been made toward betterment. directly involved in our field. tions for which no one has found ow it could be argued that There are, in this gathering, a sure-fire remedy. we cannot achieve greater professionals rich in the experi• \• ow we could not honestly ence and knowledge needed to productivity III policing with• insure practical sugge tions will characterize relations between out corresponding improvement the professional police executive evolve from your discussions. JI1 the prosecutive, judicial, and governing group at city There are people here who and correctional functions of the hall as invariably warm and deal day-to-day with such prob• cri minal justice ystem. tender. lems a, training, personnel man• Certainly productivity in our The interests and objectives agement, patrol and visibility of the police executive and field hinges to a certain extent factors, re ponse times, and opti• tho e of city fathers, in various on the efficiency and effective• mum use of resources. places at different times, often nes of other member of the More and more, practical have been divergent. criminal justice family. views prevail at conferences such But they cannot be so now But this Police Foundation as these rather than abstruse with the need for crime reduc• conference eloquently proclaims theory. This is essential. tion so terribly urgent. that we do not seek sanctuary in I can recall an earlier day Those of us who have been that fact. when this was not true; for ex•

8 FBI Law Enforcement Bulletin .. ample, when police­community wholesale abandonment of Nevertheless, from the stand- relations programs were intro- methods that have survived the point of police productivity, duced to our profession and ex- test of many years of practical there is a very clear message in perts outside the law enforce- application. victimization findings to date. ment field took command. For example, we may find The message is that the reasons Certainly we benefit from con- data on arrests, cases cleared victims give for not reporting sultation with representatives of and convictions irrelevant in as- crimes often indicate a lack of the various scientific disciplines. sessing some areas of produc- confidence in their law enforce- But we have learned that for new tivity but quite essential in other ment agencies. programs to be implemented ef- areas. Regardless of whether this fectively in our field, the pro- And as problems of produc- lack of confidence is justified, we fessional police officer must take tivity become better defined, I cannot ignore its implications. part in formulating them. think it mandatory that careful And I feel very' strongly that This is the fundamental prin- assessments be made to deter- a mandatory objective of im- ciple upon which I have devel- mine the value of various types proving police productivity must oped my participatory manage- of statistical data In solving be to inspire greater public con- ment policy. these problems. fidence­to achieve greater cred- And it is a guiding principle I would urge you to examine ibility. in the work of the FBI's Plan- closely the statistical programs In many ways, achieving ning and Evaluation Division- available, particularly in the greater credibility and public the primary productivity team area of crime data collection, to respect are synonymous with of our operations. determine their validity as well achieving greater productivity. FBI Planning and Evaluation as their utility. Consider that everything we people currently are deeply in- In other words, there must put into a police officer's train- volved in a host of studies in first be a determination of the ing curriculum, from the day he such areas as use of manpower, problems, then consideration of arrives at the academy until the computerization, evaluation of the data relevant to solving the day he receives his diploma, is personnel performance, and problems, and an appraisal of aimed at preparing him to han- case management. the cost effectiveness of the data dle confrontations with the pub- Now these projects are not collection program. lic professionally. just once­over­lightly studies It is the police agency's suc- And productivity can be meas- aimed at impressing the public cess in approving productivity ured in the success with which or those who oversee our agen- that will be affected by the se- he handles such confrontations, cy. These are penetrating, com- lection of data sources, and the whether they involve issuing a prehensive studies in which we police executive must not permit traffic summons or arresting a ­, are synthesizing input from out- himself to be steamrollered into violent murderer. side experts as well as agents in using inappropriate or unreli- All of these daily confronta- the field. able data programs. tions obviously will influence Several of our field offices are I personally think our Uni- public confidence in their police participating In experimental form Crime Reports have a agencies. And the benefits to be programs in one or more of definite contribution to make in derived from public confidence these areas; we are building a improving law enforcement are myriad, for both the police reliable data base for our con- productivity. agency and the community it clusions. Victimization studies certain- And I assure you that when serves. clear evidence is obtained thaI" ly have value in assessing crime In Kansas City, Mo., a pro- change will improve our pro- problems; but it seems to me posal was made to raise the city • ductivity, change will be forth- that offense data derived from earnings tax from 112 percent to coming. police records generally is bet- 1 percent in ] 970. On the other hand, it seems ter suited to help us in assessing It was made quite clear to the obvious we cannot engage In police activity. (Continued on page 18)

June 1975 9

~-- ­­­­­ ­­­­­­­ ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­' The Effectiveness of

less bulky than revolvers, making them Snub-Nose Revolvers and easier to carry and conceal. In addi­ \ tion, semiautomatic pistols generally hold more rounds than revolvers and • Small Automatic Pistols therefore have greater firepower. There are three standard calibers of pocket automatic pistols that deserve consideration for police use: (1) the ~ By .22 long rifle, (2) the .32 automatic VINCENT J. M. 01 MAIO, M.D. Colt pistol (ACP), and (3) the .380 • J. ALLAN JONES automatic. Most authorities state that .380 is the small est caliber which W. W. CARUTH III should be carried and dismiss the LOUIE L. ANDERSON other calibers as ineffective. Such 1 CHARLES S. PEnV, M.D. recommendations are based on the Southwestern Institute of Forensic Sciences "paper ballistics" of these rounds, as ~ Dallas, Tex. well as the traditional American feel• ing that the bigger the caliber and the heavier the bullet, the more effective ost police departments require Weapons carried off duty or on the cartridge. M their officers to be armed at all plainclothes assignments generally A continuing program to evaluate times when they are within the juris• fall into two categories: snub-nose .38 the wounding effectiveness of differ- ,• diction of the department. Issue or Special revolvers and pocket-size semi• ent calibers and types of ammunition service weapons are often heavy and automatic pistols. The advantages of used by police is being conducted by bulky, so many officers carry a differ• the snub-nose .38 Special revolver are the Southwestern Institute of Forensic ent weapon while off duty or on plain• that this caliber is usually the same Sciences. The institute has determined clothes assignments. These non issue as that of the issue weapon and that the effectiveness of the snub-nose .38 weapons vary widely in type and cali• the .38 Special cartridge is "more Special revolver and pocket-size auto- \f ber. Some police agencies specify the powerful" than the cartridges avail• matic pistols of .22 long rifle, .32 \. type and caliber of these nonissue able for the pocket-size automatics. ACP, and .380 calibers. wp-apons, while other departments The advantages of the semiautomatic have no such requirements. pistols are that they are flatter and are Theory

Research in wound ballistics during EDITOR'S NOTE: Material and articles published in and after the Second World War re- to the FBI Law Enforcement Bulletin are solely for the vealed that the severity of a wound is information and assistance of law enforcement members. directly related to the amount of ki- • While brand names and companies may be mentioned netic energy lost by a buliet in the from time to time, this is done in a strictly objective body.l, 2 This means that the greater • manner to help present stories in their entirety from the loss of kinetic energy, the greater authoritative sources. In such instances, publication of the the damage to the tissues, and there- • article in the BULLETIN should not, under any circum• fore, the severer the wound. From this, .0• stances, be construed as an endorsement or an approval it was concluded that the wounding ef• of any particular product, service, or equipment by the FBI. fectiveness of different types and cali•

10 FBI Law Enforcement Bulletin u •.. it is not the total amount of kinetic energy that a bullet loses in tissue fhat is of importance; rather, it is the energy delivered to the thoracic and abo dominal organs ... that causes incapacitation. II

hers of cartridges would be evaluated ~ and compared hy determining the TABLE I amount of energy lost by each bullet Loss of Kinetic Energy in Gelatin Blocks by JIarious Standard Police in passing through tissue. Research Weapons and Ammunition also revealed that for experimental purposes 20 percent gelatin at lOoC Kinetic could be substituted for human energy lost • tissue.1, 2 Caliber Ammunition Weapon ±1 SO· It should be noted that it is not the (foot• total amount of kinetic energy that a pound) bullet loses in tissue that is of impor· tance; rather, it is the energy deliv· .38 Special . . . . Remington 158 gr 4-in barrel 77±18 ered to the thoracic and abdominal lead round nose. Smith & Wes• • organs, i.e., the heart, lungs, and son, Model 15. liver, that causes incapacitation. In .357 ...... Remington 158 gr 4-in barrel 166±19 view of this, blocks of gelatin, 15 cm lead semiwad• Smith & Wes• in depth, are used for testing. Pene· cutter. son, Model 19. tration by a bullet beyond 15 cm 9 mm...... Winchester 115 gr Smith & Wesson, 107 ±15 (approximately 6 inches) is not im· full metal Model 39. 'T portant because at this depth the bul· jacketed. let would have struck or bypassed the .45 ACP...... Remington 230 gr Colt, Model 117±6 major organs, or would have exited full metal 1911Al. from the body. Using these research jacketed. theories and techniques, it is now pos· siNe to compare the wounding effect ·SD-standard d c:viatioD. of different calibers and types of cart· ~ ridges by determining the amount of kinetic energy lost by bullets pass• ing through a gelatin block. 16 cm in width, ana 15 cm in depth, the block, as this would alter the deter• ; Methods which were kept at .a temperature of mination of the exit kinetic energy. lOoC. Gelatin speci.fically produced of The tests were conducted at a range for such studies was used. The velocity Results of 15 feet from muzzle to gelatin of each bullet prior to entering and block, using weapons of the type com• the velocity upon exiting the block Table I gives the amounts of kinetic monly carried by police officers when were determined using two chrono· energy lost in gelatin by various off duty: a Smith & Wesson "Chief graphs. The kinetic energy was com• standard calibers and types of ammu• 2 • Special," caliber .38 Special, 2·inch puted using the fon::::nula KE = WV / nition used by police. This table pro• ~ barrel; a Walther PPK, caliber .22 2g, with W being the -weight of the bul· vides a basis for comparison with re• long rifle; a Walther PPK, caliber .32 let, V the velocity, aJld g the gravita. sults obtained in the present test.3 ACP; and a Walther PPK, caliber tional acceleration. l'he bullets ~ere Table II gives the amounts of kinetic .380. Firings were made through 20 recovered and weighed to determine energy lost by different brands of .38 percent gelatin blocks, 16 cm in height, any loss of weight in passing through Special ammunition fired into blocks

11 of kinetic energy is apparently due to TABLE II 1 the increased velocity and blunt nose Kinetic Energy Lost in Gelatin Blocks by 11 Different Commercially shape of this bullet rather than due Available .38 Special Cartridges Fired in a 2-Inch Barrel Smith & to expansion. The Smith & Wesson Wesson Chief Special .380 hollow point did not expand in gelatin in our tests. We have not seen ~ any individuals shot with this am• Muzzle Kinetic munition. Bullet velocity energy lost In caliber .38 Special, the Winches• ±1 SD* Manufacturer weight Description ±1 SD* ter semiwadcutter, the Remington 125 ~ (feet per (foot• (grains) gr jacketed hollow point, the Reming• second) pound) ton wadcutter, the Smith & Wesson • jacketed soft point and hollow point, Remington ..... 158 Round nose, lead. 656±12 62±13 and the Super Vel soft point were FederaL ...... 158 Do...... 738±7 66±2 markedly superior to the traditional Winchester..... 158 Semiwadcutter, 835±25 108±17 158 gr round nose bullets. These car- ~ lead, "Super- tridges approach, and in two instances Speed." equal, the loss of energy of the .380 • Remington..... 125 Jacketed hollow 808±18 116±12 hollow point cartridge. point. Use of the Winchester 158 gr, the Do...... 148 Target wadcutter, 674±1l 125±6 Super Vel 110 gr, and the Remington lead. 95 gr hollow point rounds results in 'I Smith & 90 Jacketed soft 1046±13 127±6 even greater effectiveness for the .38 Wesson. point. Special revolver. The energy lost was • Do...... 110 Jacketed hollow 931±20 144±7 three times as great as that of the tra• point. ditional158 gr lead round nose bullet. Super VeL ..... 110 Jacketed soft 971±36 147±14 For the sake of completeness and point. as some police officers carry .25 auto• 1 Remington ..... 95 Jacketed hollow 995±25 205±8 ~ point. matics as a second weapon, the ef- Super Vel...... 110 Do...... 968±18 208±15 fectiveness of this caliber and its Winchester ..... 158 Hollow point, lead. 841±14 214±5 ammunition was determined. The weapon used was a Colt hammerless ·SD-standard deviation. .25 automatic. Standard testing con• ditions were followed. The results of the tests are given in table IV. • ~ of gelatin using a Smith & Wesson ing effectiveness of the full metal jack• Conclusions "Chief Special" revolver with a 2-inch eted .32 ACP and .380 rounds has • The snub-nose .38 Special revol• barrel. Table III shows the amounts been noted previously in an article by ver firing the traditional 159 gr round , lost when various brands of .22 long Dziemian and associates in 1961.4 nose lead bullet is no more wound rifle, .32 ACP, and .380 automatic When the .380 Super Vel and Smith ~ cartridges were fired using Walther & Wesson hollow point cartridges were effective than pocket-size automatic PPK pistols with 31!z-inch barrels. fired, the kinetic energy lost was 133 pistols firing .22 long rifle lead bullets The data from tables II and III ± 9 and 140+ 10 foot-pounds (ft-Ib) and .32 ACP or .380 automatic full show that .22 long rifle cartridges, the respectively. These are greater losses metal jacketed bullets. .32 ACP and the .380 cartridges with of energy than the full metal jacketed • There is essentially no difference • full metal jacketed bullets, and the .45 and 9 mm rounds (table I). It in the wounding effectiveness of the .38 Special cartridges with 158 grain hould be noted that in our experience .32 ACP and the .380 automatic car- • (gr) round nose lead bullets are es• the .380 Super Vel hollow point bul• tridges with traditional full metal ~ sentially equal in wounding effective• let does not expand either in gelatin jacketed bullets when fired from ness. This relative equality in wound• or in human tissue. The increased loss weapons of the same barrel length.

12 FBI Law Enforcement Bulletin ItUse ofhollow point bul• TABLE III .., lets can double the wound• Loss oj Kinetic Energy in Gelatin Blocks oj Various Bran.ds oj .22 LR, ing effectiveness of the .32 ACP, and .380 Cartridges Fired in Walther PPK's .380 cartridge and triple .. that of the .38 Special Muzzle Kinetic Caliber/ Bullet velocity energy lost cartridge." manufacturer weight Description ±l SD"" ±l SD* (grains) (feet per (foot- second) pound) • The .22 long rifle high velocity .22 long riOe cartridge, with either a solid or hollow (high point bullet, fired from a pocket auto· • velocity): matic is essentially equal in its wound· Winchester­ 37 I1ollow point. 994±IS 77±6 ing effectiveness to the traditional full Western. metal jacketed bullets fired from .32 Remington ... 36 Do...... 985±34 7l±10 and .380 automatic pistols of the same Winchester­ 40 Solid lead. 955±22 67±4 barrel length. Western. • The .25 automatic cartridge as Remington ... 40 Do...... 966±14 62±3 would be expected is significantly in· .32 automatic: ferior to the .22 long rifle, .32 Aep, Winchester . .. 71 Full metal 880±19 53±6 .380, and .38 Special cartridges. jacketed. • Use of semiwadcutter, wadcutter, Browning .... 71 Do...... 927±13 58±5 and soft point bullets in the .38 Spe. Smith & 71 Do...... 911±26 64±8 Wesson. cial revolver increases the wounding Geco ...... 73 Do...... 976±17 65±6 effectiveness of this weapon sub· Remington ... 71 Do...... 912±26 66±9 stantially but generally not as much . 380 automatic: as hollow point bullets . Remington . . . 95 Do...... 786±16 67±4 • Use of hollow point bullets can Winchester ... 95 Do...... 866±27 74±2 double the wounding effectiveness of Super Vel. . .. 88 Jacketed hollow 1080±19 133±9 the .380 cartridge and triple that of point. the .38 Special cartridge. Smith & 84 Do...... 922±16 140±10 , Wesson. FOOTNOTES

1 R . W. French and G. R . Callender, Ballistics ·SD­­­­standard deviation. characteristics of wound agents, "Wound Ballistics," " ed. b y J. C. Beyer. Offi ce of the Surgeon General. TABLE IV Department of the Army. Washington, D.C., 1962, Kinetic Energy Lost in Gelatin Blocks by Two Brands oj .25 ACP pp. 91­141. Ammunition Fired in a Colt Automatic Pistol % E. N. Harvey. J. H . McMillen, E. G. Butler, and .. W. O. Puckett, Mechanism of wounding. "Wound Bal- ­­ ­­ ­­­­­­­­­­ ­­_. listics." ed. by J. C. Beyer. Office of the Surgeon Muzzle Kinetic General, Department of the Army, Washington, D.C., Bullet velocity energy lost 1962. pp. U3­23S. "lanufacturer weight Description ±ISD"" ±l SD* 3 Vincent J. M. DiMaio, 1. Allan Jones, W. W . ,. (grains) (feet per (foot­ Caruth III, Louie L. Anderson, an d Charles S. Petty, second) pound) itA Comparison of the Wounding Effects of Commer- " cially Available Handgun Ammunition Suitable for P olice Use," FBI Law Enforcement Bulletin, yo1. 43, Western ...... 50 Full metal 789±15 43±10 No. 12. Dec. 1974. pp. 3­8. jacketed. 'A. J. Dziemian, J. A. Mendel!on, and D. Lindsey, Remington ..... 50 Do ...... 774±23 47±8 Comparison of the wounding characteristics of some .. commonly encountered bulleu, 1 Trauma, 1 :341­ 353 • ·SD­ standard deviation. 1961. ijl ,. June 1975 13 COMPUTER

CATCHES ... .~ • ) \, "l KIDNAPER •

Money card of "5. Kobayashi." ..

It. • • outstanding coopera• Police and bank personnel monitor central computer equipment for signal ( tion by the banking authori• ties worked to turn the crim• inal's apparent t computer ad• vantage' to our own."

By SADATOSHI SUZUKI Director Criminal Investigation Division Metropolitan Police Department Tokyo, Japan

14 FBI Law Enforcement Bulletin Itwas a tragic kidnap.murder case juku Branch of First Kangyo Bank. in Tokyo in the spring of 1963 which You have until noon tomorrow." The inspired creation of the Crime Combat caller then hung up. Team of the Tokyo Metropolitan Po• lice Department (MPD) .1. This story, Combat Team Moves In a happy sequel to that beginning, tells how the Crime Combat Team has lived The Tokyo police Crime Combat on to take full advantage of modern Team is a group of highly trained and technology and ci ic cooperation to coordinated detectives organized beat a kidnaper at h is own game. around a core called the Special In• At about 3 :25 a_m. on August 15, vestigation Squad. To tackle this case, 1974, a police officer on duty in a a 15S·man Combat Team was residential district of western Tokyo promptly formed under the leadership was startled to see a man clad only in of Senior Police Superintendent pajamas running toward him. The Kanji Nagumo, chief of the First man was strained and nervous, and Criminal Investigation Section. Im• his words were hardly coherent. "My mediate concentration was focused on baby . . . gone . _ . someone took measures to be taken at the victim's her," he blurted out to the policeman. house and at the banking facility The distraught father turned out to be where the kidnaper demanded the Masahiko Tsugawa, a well-known ransom be paid. Japanese movie and television actor. Not a single word ahout the case Simultaneous with this incident, the appeared in newspapers or television Tokyo Metropolitan Police Headquar• broadcasts. Cooperation of the media ters received a call on the police emer• was complete. Bitter experiences in gency number, "llO," from the maid the past had brought about an under• at Tsugawa's residence, who reported standing between police and the press, that at around 2:30 a.m., Mayuko• TV, and other media. In cases of chan, the 4-month-old daughter of kidnaping or other crimes where the Tsugawa and his actress wife, had life of a victim is in danger, the media disappeared from her nursery, ap• refrain from premature exposure of parently abducted by an unknown news or any other activities that could intruder. hinder successful investigation. The Detectives of the Tokyo police "Fly• Tokyo police, in return, keep the me• ing Squad" 2 responded immediately dia full y informed of developments so to the complaints. While they were that a comprehensive release can be interviewing the family, the telephone made at the proper time. This arrange• rang. Instinctively, the maid handed ment has repeatedly brought excel• the receiver to a detective·sergeant of lent results. the Flying Squad, who pretended to be the father. A calm, businesslike male Kidnaper Plans To Exploit voice stated from the other end of the a Computer line : "We have your baby. We want 5 million yen (816,500). Deposit the We learned from the First Kangyo money to account no. 1326387 in the Bank that the above account had been name of'S. "Kobayashi' at the Shin• opened in the name of S. Kobayashi

June 1975 15 • II The Tokyo police Crime Combat Team is a group of highly trained and coordi•

nated detectives . . . •II

identity. Police officers stayed with the grief­stricken parents, but care was taken to reveal no unusual activity at the victim's home, since it was pos- sible that the kidnaper or his ac- complices had the house under obser- vation. From a neighboring house, a discreet countersurveillance was es- Senior Police Supt. tablished by detectives using noctovi- Supt. Gen. Kanji Nagumo sion equipment­a telescopelike de- Kuniyasu Tsuchida on July 19, 1974, with an initial de- vice sensitive to infrared radiation penser had been fed the money card posit of 15,000 yen (about $50). The which permits clear vision in the dark. and code of S. Kobayashi. Knowing ,uspect, Kobayashi, had obtained Every police headquarters throughout that they had only until noon the next from the bank a "money card" with Japan was alerted so that instant ac- day, bank technicians worked all day which it was possible to get cash tion would be taken upon any lead. and throughout the night to complete withdrawals from the account at The team in the house waited for the this considerable reprogramming. any of 348 computer­controlled auto- next phone call from the suspect, but By noon on the day following the matic cash­dispenser stations located no call came. It was a sleepless night kidnaping, through coordination with throughout Japan. By inserting the for both the family and the police. the National Police Agency of Japan, cash card into the dispenser and with which the Tokyo police are pushing a specified code number, with- Police Harness the Computer closely integrated, over 1,000 detec- drawals could be made automati- tives were waiting in groups of two cally in amounts up to 300,000 yen On the first day of its investigation, or three men, covering each of the 348 (Sl,OOO) as soon as the computer veri- police held probing discussions with dispensers throughout the country. fied that there were sufficient funds in banking officials concerning the oper- Each team was equipped with a trans- the account. Bank records showed that ation of the computer­controlled auto- ceiver so they could be notified im- Kobayashi had tested the system by matic cash­dispenser stations. It was mediately of word from the computer making small withdrawals from his found, much to the dissatisfaction of in Tokyo. Nationwide police radio initial deposit at cash dispensers lo- the police, that it would take bank centers were tuned in to relay the mes- cated in four different areas of Tokyo. computer personnel at least 20 minutes sage, expected the moment the com- Obviously, the suspect was satisfied to identify which of the 348 dispensers puter center received its "hit" on the that he had found a foolproof payoff had been triggered for the payoff. S. Kobayashi money card. plan, a it appeared he could remove Without making police presence so Meanwhile, the victim's father had substantial fundi from the ransom obvious as to scare away the suspect, withdrawn 1,500,000 yen (85,000) of account and be far away from the there was no way we could check out his own funds and had this money deposited in the suspect's account. ca h­dispenser station before police each visitor to each dispenser station could determine from which station Only a partial deposit of the full 1. throughout the country. It was at this the money had been withdrawn. Like ($16,500) ransom demanded was "point that outstanding cooperation by many others before him, the uspect made in order to keep a way open for the banking authorities worked to quite likely believed he had invented further contacts and negotiation with the "perfect crime." turn the criminal's apparent "com- the kidnaper, if needed. The address which Kobayashi had puter advantage" to our own. With a At the victim's home, at police head- given the bank was, of course, ficti- human life at stake, they agreed to quarters, and at each of the stake­out tious. A review of pertinent police reprogram the entire system so that the posts near each automatic cash dis- records produced nothing. Obviously, operator of the central computer penser, the police waited, silently, . Kobayashi was a genuinely false would immediately know which dis­ tensely, and prayerfully.

16 FBI Law Enforcement Bulletin for the purpose of insuring the where• abouts and safety of the victim. It was a hard decision for the police to make but less risky, under these circum• stances, than possibly never knowing who the suspect might be as well as where, and if the child was still alive. The police were haunted by the tragic fact that many, if not most, infant kidnaping victims have been killed or left to die by their abductors soon after commission of the crime. Peering intently past the surging tide of passengers entering and leav• ing the train terminal, the police, with radio transceivers held in anxious hands, snapped into action when, at 12:16 p.m., the signal came through: "Urgent! We have a hit! Tokyo Sta• tion- South entrance! . . . Repeat. Money card is inserted (above) in automatic cash­dispenser station vvhich issues currency (below) in the amount requested after the computer authenticates the transaction and the " adequacy of the account from which the funds are to be withdrawn. But before the message could be repeated, detectives had surrounded a young man wearing a yellow short• sleeved shirt who had just emerged from the automatic cash dispenser. In one hand he held the S. Kobayashi money card, and in the other hand, 290,000 yen in crisp bills that had just been dispensed by the computer. Never has any suspect been more sur• prised than Kobayashi. Under interrogation at police head• quarters, the suspect at first denied implication in the kidnaping and re• fused to reveal his true identity or the location of .the baby. However, a check of the suspect's fingerprints against National Police Agency finger• print records revealed that he was a 24-year-old resident of Chiba Prefec• ture, about 10 miles from Tokyo. He The Arrest make a successful escape in the tur• had six previous arrests and was at moil of passengers that surged the time on parole after conviction for Anxiety was particularly present through the terminal at all hours of theft. A Flying Squad team was dis• " among the police assigned to the posts the day. As a result, a decision was patched immediately to stand by at I · covering the south entrance of Tokyo made beforehand to immediately ar• his address. At 6 :50 p.m., August 16, Rail way Station, the largest trans• rest the suspect if he received the ran• the suspect admitted that his wife was f.. portation center in Tokyo, as the cash som at this location since there were aware of the crime and was hold• r dispenser there seemed to be the most slim possibilities, prior to his appre• ing the baby at their apartment in ., nearly ideal one from which the crimi• hension, of maintaining a discreet and Chiba. Radio instructions were sent nal could best avoid detection and successful police surveillance of him out at once to the Flying Squad: "Go

June 1975 17 POLICE PRODUCTIVITY (Continued from page 9) .. voters that a major share of the new revenue would be allocated to the police department for ad• ditional personnel and equip• ment to fight crime. There were those who said chances for getting the people to vote to increase their city earnings tax were two- slim and none.

But on December 17, 1970, t the people of Kansas City went to the polls and voted two to one to approve the additional tax. That event demonstrated dra• matically to me that a com• munity can and will show its concern about crime, that a community can and will express confidence in their police agen• cy, in manifest and beneficial ways. A citizen's involvement in crime reduction efforts reflects confidence in his police agency. And this confidence can only be earned by solid professional per• formance and carefully main• tained credibility. Joyous parents coddle their infant child who was returned safely to them as a result of vigorous and innovative police investigation. IPhoto courtesy of the Mainichi newspaper.) The public must be convinced their police agency is trying to in and rescue the baby!" By 9 :30 always kind and rea suring, bolster• do a good job. They must be p.m., the 49·hour ordeal ended, with ing our morale when we began to lose made to understand that police the infant safely in the arms of her hope." agencies consist of human be• parents. The suspect was charged with And in a dramatic television broad• ings- human beings who some• kidnaping for ransom and was sen• cast showing the baby's reunion with times blunder- but who are try• tenced to 10 year' imprisonment. Hi her parents, the father told the TV ing their utmost to serve them wife wa charged a an acce ory. audience: "I have never thought of hone tly and efficiently with police this way before, but after all whatever resources they have .. Gratitude of Family they have done today to return available. Mayuko-chan to my arms, the police And the only possible way we During a press conference the seem nothing less than an instrument can convince the public of that baby's mother commented: "It was a of God." is to insure that we in fact do terrible experience_ I could hardly eat FOOTNOTE try our utmost to perform our and could not sleep. I probably could 1 See "Crime Combat Team," by Kuniyasu work honestly and efficiently• not have preserved my sanity if it had Tsuchidn, FBI Law Enforcement BuHelin, Septem• with true concern for improving not been for the police superintendent b" 1970. p. 21. the quality of their lives. 2 See "Tokyo Major Crimes First lnvelligated by Thank you. ijl stationed at my hou e, who spent two ·Flying Squad,' t. by Yoichi Tamamura. FBI Law sleeple nights himself, but till wa Enforct'ment Bulletin, July 1962, I). 12. ~

18 FBI Law Enforcement Bulletin "B y your conduct and skill­and Park, Fla_, Police Department, "There I hope in part bt virtue of what you is something magic about the number have learned at his Academy­I am 100. Certainly none of us will ever sure you will show the people of forget that we were a part of the 100th " America that they may trust in the Session of this Academy." The spokes- law and in you," stated the Honorable man went on to present his views re- Edward H. Levi, Attorney General of garding the truth behind the ational the United States, at the graduation Academy's motto­Knowledge, Cour- ceremonies of the FBI ational age, Integrity­as it relates to law en- Academy at Quantico, Va., on March forcement officers, particularly the 20, 1975. With this graduation, which graduates of the lOOth Session. He featured 'the Attorney General as the stated that "a law enforcement of- principal speaker, the National Acad- ficer's presence at the National Acad- ~ emy passed 'another important mile- emy indicates his integrity is held in stone in its 40­year history. It marked high esteem." The lieutenant illus- the conclusion of the Academy's 100th trated the law enforcement officers' '" Session. knowledge by point:ing out that not In the words of the class spokesman, only had he and his classmates at- The Honorable Edward H. Levi, Attorney Gen- eral of the Un ited States, delivers the principal Lt. Clyde D. Maneri of the Oakland tended the ational cademy, but that address. Professionalism: Legacy of the lOOth Session

Pictured with Attorney General Edward H. Levi are several FBI officials and guests who participated in the FBI National Academy's 100th Session graduation ceremonies. Shown, left to right, are: Insp. James V. Cotter, FBI Training Division; Assistant Director Joe David Jamieson, FBI Training Division Isince retired) ; Mr. Hugh H. Cl egg, retired FBI Assistant Director; FBI Assistant to the Director­Deputy Associate Director Thomas J . Jenkins ; Attorney Genera l Levi; Comd r. A. W. Rig gs, Chaplain Corps, U.S. Navy; Chief of Pol ice Clyde P. Klaumann of Carmel, Calif., President of the FBI National Academy Associates; and Deputy Assi stant Director Edward l. Campbell, J r., FBI Tra ining Di vision.

, June 1975 19 a number of the officers present held Ford (which is reproduced in its en• advanced academic qualifications. tirety below). Mr. Jenkins next in• "As for Courage," stated Lieutenant troduced Mr. Hugh H. Clegg, a retired Maneri, speaking of his fellow offi• Assistant Director of the FBI, who cers, "... the very fact they are vol• had played an important part in the unteer frontline members in a war formation and early development of against crime assures they are cour• the National Academy. ageous." Before closing his remarks, It was Mr. Clegg who had put to• ,. Lieutenant Maneri left the 100th Ses• gether the Academy's first curriculum sion of the National Academy with and faculty, and then exerted con• a legacy, saying that "every law en• siderable influence over the school's forcement officer graduating from this development for the next 20 years. He Academy in the future should be closely followed the progress made by known as a professional." hundreds of law enforcement officers Mr. Thomas J. Jenkins, Assistant and assisted them in the course of over to the Director-Deputy Associate Di• rector of the FBI, congratulated the 50 National Academy Sessions. He class on behalf of FBI Director Clar• also supervised the training of thou• ence M. Kelley, who was unable to par• sands of FBI Special Agents. Follow• Mr. Hugh H. Clegg, a retired Assistant Di• ticipate in the ceremonies. Mr. Jen• 'ing retirement from the FBI, after rector of the FBI, addresses the graduating nearly 28 years of service, Mr. Clegg class. kins then read to the graduating class a congratulatory letter from President became assistant to the chancellor

_ 2 -

THE WHITE HOUSE On this occasion, I want to emphasize that the full resources of our F .... deral Government will he used to support the dedi• WAS IIINOTON cated efforts of our nation's law enforcement officers, and that they will have our best possible support in their important March 17, 1975 work.

I hope that this will be an especially memorable day for the FBI National Academy, its graduates and all your colleagues. Dear Mr. Kelley: Sincerely, I am happy to extend my warmest congratulations to you, your associates and all the members of the one hWldredth FBI National Academy Session on this very special occasion.

With the graduation of this fine class, the FBI National Academy marks a significant milestone in the continuing Honorable Clarence M . Kelley and vital progress of law enforcement training. The coop• Director erative services of the FBI in the field of police training, Federal Bureau of Investigation especially at your notable educational facilities at Quantico, 9th and PeJUlsylvania Avenue, NW . Virginia, have greatly enhanced the stature of the law Washington, D. C. 20535 enforcement profession.

Our society has undergone many changes since the first session of the FBI National Academy was convened in 1935 . That trailblazing class of twenty-three members would find a far more sophisticated curriculwn awaiting it on return to the Academy today. But the enthusiasm and dedication of those first lawmen set high standards which always remain the same.

I find it most Significant that the roster of the class of 1975 includes sixteen officers from foreign countries. This is reflective of the growing inter~dependence in the world and of the widely-shared conviction that we must all work together to resolve our common problems.

I want to take this historic opportunity to assure, not only the members of this one hundredUl class, but all our nation's law enforcement officials, that I am well aware of the problems they face day by day in dealing with crime in our society. It is not their problem alone . It is not the Government's problem alone . It is a challenge that to all of us -~ one that requires the full c ooperation of all citizena with those who are charged with the duties of law enforcement in our communities.

20 FBI Law Enforcement Bulletin and director of development at the Mr. Levi next proa ered his views on were Mrs. Levi and members of the University of Mississippi. crime deterrence, st ~ ting, "The better FBI National Academy Associates in• Mr. Clegg spoke to the class on the we do the job of det ecting crime and cluding Chief of Police Clyde P. Klau• National Academy's history, begin• finding its perpetrato rs, the more like• mann of Carmel, Calif., president; two ning with its establishment at Wash• ly others who think about committing vice presidents, Grant M. Harden, ington, D.C., in July of 1935. He told crime may think t -wice and decide chief investigator of the State Attor• the graduates how 1. Edgar Hoover against it." ney's Office, Bartow, Fla., and Chief had been approached with the idea of Mr. Levi stated th.at the police offi• John J. Kerrigan of the South Wind• forming a national police training cers' part in bringing efficiency to the sor, Conn., Police Department; sec• school by the police training commit• criminal justice syste m consists of set• tion representatives, Deputy Chief Ste• tee at the annual convention of the ting up enforcement: priorities, reor• phen F. Lagomarsino of the New Mex• International Association of Chiefs of ganizing their depart:rnents so they will ico State Police, and Col. James D. Police in Atlantic City, N.J. function effectively, a nd "emphasizing Barger, director of the Pennsylvania "The SUCCt6S of these early students the importance of s ·w iftness and cer• State Police; historian, Earl L. Dres• ... and their succeeding classes," tainty" in the solutio n of crime. cher of the Executive Protective Serv• said Mr. Clegg, "is evidenced by the The Attorney Gene ral told the grad• ice, Washington, D.C.; and secretary• fact that we have this great campus, uating class that the Department of treasurer, Deputy Chief Franklin A. this splendid college here at Quan• Justice is presently engaged in pro• Arthur of the National Park Service. tico today." "If they had failed," he posing major change s in the criminal Next to be introduced were several added, "the demand from the police code, revisions of -which have been representatives of the University of '"'• officers and the requests of Congress presented to Congress. Mr. Levi also Virginia, including Bruce Nelson, would not have brought about this said that new handgun controllegisla• dean of the School of Continuing consummation. The fact that they suc• tion-some of it initiated by the Jus• Education. ceeded is evidenced by your presence tice Department-is being discussed At this point, Insp. James V. Cot• here today." Mr. Clegg then referred in Congress. ter of the FBI's Training Division to the many pioneering instructors at Mr. Levi then examined the public's presented the 100th Session graduat• the Academy, among them the FBI's fear of crime and doubts about the ing class to Mr. Jenkins who pro• present Director-Mr. Kelley. fairness in the law's enforcement. "As ceeded to award diplomas to each of After thanking Mr. Clegg for his police officials," state d Mr. Levi, "you the 249 graduates, among whom were very fine remarks, Mr. Jenkins in• will bear the burden of that fear and 16 representatives of foreign lawen• troduced the guest speaker, Attorney of that lack of faith more than anyone forcement agencies. The lOOth Ses• General Levi, who spoke to the class else. You also will have more oppor• sion brought the total number of Na• about the problems faced in enforcing tunity than anyone else to calm the tional Academy graduates to 8,919 law .. the law and administering justice. fears and to restore the faith in Amer• enforcement officers who have bene• "As law enforcement officials, you, ican justice." fited from this highly professional • more than anyone else, represent the "We must never forget one essen• training since the first session com• menced on July 29, 1935. power and quality of the state," said tial truth: either the law in general Before concluding the graduation the Attorney General. He then con• nor the criminal law in particular can ceremonies, Assistant Director Joe -" tinued, "Your action and direction be entirely enforced by the govern• David Jamieson of the FBI Training bridge the gap between the govern• ment," he said, emphasizing that "en• Division asked everyone present to forcement must spring from the faith ment and the individual. By your con• join in expressing their appreciation of citizens." ", duct you represent the government as to members of the U.S. Marine Corps it affects people in their daily lives." Before closing his remarks to the Band and its conductor, M. Gy. Sgt. "What you do," stressed Mr. Levi, graduating class, Attorney General George Tideman, for the very fine ~ "reaches the vast number of Ameri• Levi underscored the fact that the law musical program. cans who will never see the criminal enforcement profession is the one that The ceremonies came to a close with justice system first hand [and] ... "brings the criminal justice system a benediction by Comdr. A. W. Riggs ~ as agents of the criminal justice sys• to the people it serves." of the U.S. Navy Chaplain Corps, and tem, the people with whom you deal Following the Attorney General's a stirring rendition of the National ~ ., will see in your conduct a mirror of comments, a number of distinguished Anthem by the U.S. Marine Corps I the totality of government." guests were introduc ed. Among them Band. (@ 11 • June 1975 21 The Silent Witness

By INSP. CHARLES A. DONELAN Federal Bureau of Investigation Washington, D.C.

The investigation of crime and the more clinching than both in its proba- criminal constitutes the threshold tive effect. It has an inherent capacity stage of a criminal prosecution. It may "to speak for itself" in particular in- be defined simply as the systematic stances. Literature has given us the search for facts to establish the truth classic example of this attribute in the of a case, especially those facts that discovery by Robinson Crusoe of the may be admissible in court under th e fresh print of the naked human foot rules of evidence. As to the arduous- in the sand of his island beach. Familiar examples of this species of nes and importance of the investiga- " Real evidence is al• tive task, a prominent trial lawyer evidence, usually found at the scene most unlimited in its once observed: 1 of the crime or the arrest and there- variety and may shed after tied to the accused in one way or _ "The really difficult problem in another, are weapons, apparel, hairs, the preparation of the case is to light on divers issues fibers, specimens of soil or the human learn what the facts are, and no before the court." body, fingerprints, tire marks, and J. matter how long or conscien- gla s fragments. Reproductions of . tiously you work, you will never material things by means such as know them all. The law seldom plaster ca ting and photography con- decides the issue, the facts do; stitute real evidence. Real evidence is and a contra ted with the a cer- almost unlimited in its variety and .. tainment of the facts, the law is may hed light on divers is ues before relatively easy to discover." the court. Items thereof are submitted The breadth and depth of a criminal for the inspection of the triers of fact, ~ investigation differ from ca e to case jury or judge without a jury, in order and so do the kinds of evidence the Law enforcement officers that they may ascertain the facts about inve tigator encounters in hi earch. them by u e of their own senses, '­- of other than Federal juris• More often than not the evidence will diction who are interested u ually that of sight. con ist of the oral assertions of wit- Although real evidence tands in in any legal issue discussed ~ ne es, i.e., te timonial evidence; or contra t to te timonial evidence in that in this article should consult the word and symbols on a writing of the trier of fact can perceive the thing their legal advisor. Some a public or private character, i.e., involved immediately without relying police procedures ruled per• documentary evidence_ It may also upon the oral a ertions of witnesses, missible under Federal con• consist, however, of tangible obj eets it probative function rests partly stitutional law are of ques• or substances, i.e., so­called real evi- upon testimonial evidence. It so rests .. dence. 2 tionable legality under State law, or are not permitted at because items of real evidence gen- Although real evidence is relatively all. erally do not identify themselves. They rare compared to testimonial and must be authenticated or sponsored by #- documentary evidence, it is frequentl y the testimony of witnesses and their • 22 FBI Law Enforcement Bulletin • nexus with the case established and 3. In cases of circumstantial evi- concerning his whereabouts. explained. Since actual production in dence, where the facts or cir- The !:'earch for Dr. Parkman ended court of the relevant thing itself makes cumstances wnich are proven on ovember 31, 1849 a week after a stronger impression and has a mo;e are not only consistent with the his disappearance, when portions of persuasive effect than any word de· guilt of the defendant, but are a dismembered and burned human scription a witness might give, real also inconsistent with his in· body were discovered in and about evidence forms a firm ground of nocence, sucn evidence in the laboratory of John W. Webster, belief respecting the particular fact it weight and probative force M.D., a professor of chemistry at the is offered to prove. In cases involving may surpass direct evidence in medical college. The head, arms, real evidence, expert witnesses quali. its effect upon the jury. hands, and feet, the usual identifying fied in a science or profession may be features of a body, were missing. The called upon to testify to inferences to body portions were not those of a The Case of Webster 7 be drawn from such evidence when cadaver dissected in the regular course " these are beyond the ken of the aver- This case, decided by the Supreme of medical college procedure. In addi- age layman. This opinion evidence is Judicial Court of the Commonwealth tion, a llumbe!' of fragments of human admitted to aid the jurors in reaching of Massachusetts in 1850, culminated bones, small quantities of melted gold, .. their verdict on the truth in the case. in the most famous of all American and six blocks, or parts, of a set of Two remarkable murder cases, a trials prior to the Civil War. During false teeth whose main ingredients century apart in time, may serve to iI- its 12­day course, an estimated 60,000 were quartz and felspar were found in '"" lustrate the consequential role played persons passed in and out of the court- an assay furnace in Webster's labora- by real evidence in "the long and room. Several reasons account for its tory imbedded in slag and cinders. Al- melancholy history of criminal juris- fame. It was in this case, for example, though most of the blocks of mineral prudence." In the first, the Case 0/ that the great Chief Justice Lemuel teeth were severely injured by fire, Webster, where the corpus delicti was Shaw of Massachusetts set out in the one was well preserved as it rested on disputed, the real evidence was crucial charge to the jury his highly influen- a grate near the bottom of the furnace _ in establishing the material fact of the tial definition of proof beyond a rea- where it received a current of cold air. identity of the murder victim: In sonable doubt and his eraphic analy- In the course of the investigation the second, the Jackson Case, where SIS of direct and circumstantial it was determined that Webster, a '" the corpus delicti was plain, the real evidence. Our interest, however, is man of excellent reputation, was in- evidence constituted the principal limited to the importance of real evi- debted to Parkman on certain notes proof linking the accused to the crime dence in the identification of the mur- and wa'> being pressed by him for pay- as the murderer.4 der victim, "[a] memorable instance ment. On the morning of the day of Both these cases involved circum· of identification by a small frag- the disappearance, Webster had left .oj stantial evidence. In a well­known de- ment. ..." 8 word at the Parkman home that the cision said by Dean Wigmore, our George Parkman, M.D., a 60­year- debt would be paid off if Parkman greatest writer on the law of evidence, old Bostonian of singular appearance came to the medical college at 1 :30 • to be the classical exposition on the and gait who was both a philanthro- that afternoon. Webster had no means relative probative value of circum- pist and an intractable businessman, of settling the debt. The notes, can- .... stantial and direct evidence,5 the court left his home on Beacon Hill in the celed, were later found in Web- declared in part : 6 forenoon of overnber 23, 1849 in ster's possession and he made false 1. Circumstantial evidence means good health and spirits. About 1 :30 statements concerning them. A pro- simply that you take one fact p.m., he was seen going towards and fession:!l penman familiar with Web- that has been seen, that is pro- about to enter the Massachusetts ster's handwriting was of the opinion duced before you by evidence, Medical School, attached to Harvard that anonymous letters in a disguised ,. and from that fact you reason University, located in the West End hand mailed to the police and making to a conclusion. of the city on the banks of the Charles suggestions diverting suspicion from 2. It is a mistake to say that cir- River. He did not ret:urn home and no the medical college were written by cumstantial evidence is in- cause for his failure to do so was Webster. The mode of dissecting the ferior to direct testimony. The known to his family. The next day body showed knowledge of anatomy. truth is that no human testi· an extended and exhaustive se~rch Following hi" arrest in the aftermath mony is superior to doubt in was launched for him and large re- of the discoveries in his laboratory, , cases of the most direct proof. wards were offered for information Webster had inquired if the whole of June 1975 23 "Under principles of the criminal law, the prosecution small quantities of melted gold. must prove at a murder trial the fact that the life of a As to one, the prosecution's evi· human being was taken and the fact that the death was dence tended to show that the body caused by the criminal act of another person." parts resembled in respect to shape, size, height, and other particulars the Parkman's body had been found. named person was slain, the identity corresponding portions of the body of In January 1850, Webster was in· of the "ictim becomes a material fact Parkman­ a man "quite peculiar in dicted for the murder of Parkman. which the prosecution must likewise person." The prosecution called sev· The main count of the indictment prove beyond a reasonable doubt. It eral witnesses, all prominent Boston charged specifically that Webster had is the general rule that circumstantial physicians who knew Parkman per· feloniollsly assaulted Parkman on evidence is admissible to establish sonally. They testified that they had November 23, 1849 in the medical such identification, especially where examined the fleshy portions of the college by unknown means and de· the bodily remains are in such a con· body and catalogued the bone frag. prived him of his life. Webster dition that direct recognition is im· ments. They stated that the remains ~ pleaded not guilty to the charge. The possible. In cases where the body of belonged to one and the same body, two principal questions raised by the the victim is practically destroyed, that there was nothing to indicate that indictment which had to be resolved evidence of peculiar physical char· the body had been dissected for ana· ~ by evidence was whether Parkman acteristics may be the sole means of tomical purposes, and that the dissec· came to his death by an act of vio· identification. tion had required a certain degree of lence and, if so, whether Webster com· The evidence brought forward at surgical skill. They testified that the }-. mitted the act. In March 1850, the trial by the attorney general body parts were those of a man in the Webster was brought to trial before a tended to the conclusion that Park· middle period of life, that they showed jury, Chief Justice Shaw, and four man was last seen entering the medical a good muscular development with associate justices of the Supreme Ju· college at about 1 :30 p.m. on Novem· little fat, and bore an unusual amount dicial Court of Massachusetts in keep· ber 23 , 1849, and that he lost his life of hair. These physical characteristics ing with the old procedure of the day. in the medical college, if at all. The coincided with those of Parkman. The case for the Commonwealth was main defense of Webster in disputing They stated that nothing about the presented by the attorney general. the fact of death was that Parkman parts were dissimilar to those of Park· Under principles of the criminal had been seen by seven witnesses at man. Among these witnesses was Dr. .. law, the prosecution must prove at a various places in Boston, at different Oliver Wendell Holmes, dean and murder trial the fact that the life of times, between 1 :45 p.m. and 5 :00 professor of anatomy at the medical a human being was taken and the fact p.m. on the afternoon of November college. that the death was caused by the 23, 1849. This defense that Parkman As to two, the prosecution called criminal act of another person.9 These had been seen alive elsewhere out of to the witness stand a dentist by the two facts, which constitute the com· the medical college where he had name of Dr. Nathan G. Keep. He ponent parts of the so·called corpus allegedly been slain was so repugnant stated that the fragmented set of false delicti in a homicide case, must be to and inconsistent with the prosecu· teeth found in the assay furnace, and t proved beyond a reasonable doubt by tion's theory that, if it was made out exhibited to him in court, were the the best available evidence, direct or by satisfactory proof, it would be con· same teeth that he had made for Park· circumstantial. Thereafter, the iden· clusive in Webster's favor and lay the man 4 years previously and which he L. tity of the accused as the criminal ground for his acquittal. had repaired and refitted to Park· actor, which is not properly a part of The prosecution relied upon the man's mouth only 2 weeks before his ~ the corpus delicti, must also, of following real evidence to prove the disappearance. He furnished the fol· course, be proved beyond a reason· material fact that the human remains lowing details in the course of his able doubt. found in the medical college were testimony. ~ By the great weight of authority, those of Parkman: one, the portions of Keep made the set of teeth in Octo· the identity of the victim in a murder the dismembered and burned body, ber 1846, after Parkman, who was a case is not deemed to be part of the five in number, discovered in and friend as well as a patient, asked him corpus delicti. But in those jurisdic· about Webster's laboratory; two, the to do so. Parkman had requested at tions where it is so regarded or where, blocks of mineral teeth found in the time that the teeth be prepared in as in the instant Case oj Webster, the Webster's assay furnace along with a hurry as he expected to attend the .. indictment specifically charges that a the fragments of human bones and the ceremonies then being planned for the

24 FBI Law Enforcement Bulletin opening of the new medical college. where they belonged in the complete membered body considered alone, and Parkman had donated the land for the set. then with the evidence of the frag. school and he believed he might be To illustrate his trial testimony, mented set of false teeth considered invited to speak on that occasion. Keep produced for t he benefit of the in conj unction with the body parts. Keep remembered the case with court and jury the p aster cast models The chief justice stated that the evi- great exactness from the initial taking and the copper plate, which he had dence regarding the correspondence of the beeswax mouth impressions to preserved. He invit«:!d special atten- of the body parts found in the medi- the embedding of the blocks of teeth tion to the corresp<>ndence between cal college with those of Parkman was in the gold plates because of the dif- the unique features of the lower left equivocal because these particulars ficult problems posed by Parkman's block of teeth foun Cl in the furnace would also correspond with those of odd mouth structure. Although no nat· and the plaster cast model of Park- many other persons in the community. ural teeth remained in his upper jaw, man's lower j aw ,..~ nich highlighted Consequently, he said, this evidence he had four teeth and three stumps of these peculiarities. F ­ nally, he pointed would fail in the character of conclu- teeth in his unusually long and jutting out the place where he had to grind siveness upon the point of identity. A lower jaw. Keep made the teeth for out space in the lo­"ver set to make However, he ruled that if the fact was both the upper and lower jaws in six room for Parkman's tongue. His testi- satisfactorily proved that the false separate blocks and then set them in mony was corrobora ted by his assist- teeth found in Webster's assay fur- the gold plates. He recalled that after ant with respect to t l1e making of the nace were identical with the teeth pre- he finished the task Parkman tried the set of false teeth for "Parkman and the pared and fitted for Parkman, and if it set of teeth in his mouth and com- identification of t l1e plaster cast was also shown to a reasonable cer- k plained that he did not have enough models. tainty that the dismembered and room for his tongue. Consequently, The foregoing testimony of Dr. burned remains discovered at the med- Keep had to grind the lower blocks in Keep did not go unch allenged. The de· ical college were parts of one and the order to obtain the needed extra space. fense called Dr. Wi 1iam T. G. Mor- same dead body, this would be a co- In the course of the long process of ton, the famous den tal surgeon who incidence of a conclusive nature to preparing the teeth, Keep had moulded first demonstrated p ublicly in 1846 prove the fact of identity of the reo a series of plaster cast models of at the Massachusetts General Hospital mains with the body of Dr. Parkman. Parkman's entire mouth which were the use of eth~r as ao. anesthetic. Mor- He noted that the evidence of the cor- dated and inscribed with Parkman's ton testified that the false teeth found respondence of the body parts aided name. Prior to casting the gold plate in the furnace migh perhaps be sus- the proof of identification to some into which the blocks of mineral ceptible to identifica ion had they not extent as it was consistent with and teeth were finally inserted, he had also been subjected to fire, but there were not repugnant to identity and tended prepared a preliminary plate in cop- no marks about ther:n then that Keep to rebut any presumption that the -r per with interstices in the metal for or anyone else could identify. He said remains were those of another person. the admission of the natural teeth and the fact that the teeth had been The jury retired following the chief the stumps in Parkman's lower jaw. ground was not unusDal and there was justice's charge and after less than 3 .. When Keep first saw the blocks of nothing peculiar in t he plaster cast of hours of deliberation returned to the Parkman's lower ja"". He stated that teeth taken from the assay furnace in courtroom and rendered the verdict he did not think th e teeth, as they of guilty. Webster was sentenced to Webster's laboratory, he recognized ,.t. were then, fit the mo ds introduced by death. the block uninjured by the fire by rea- Keep with any deg­ree of exactness After his conviction, Webster made .r. son of its shape and outline as the and he produced m01 ds into which the a confession to a clergyman in which ~ one he had made for Parkman's lower teeth in evidence fitt ~ d well. Morton's he admitted he had killed Dr. Park- left jaw where one of his natural teeth defense testimony ""as, in turn, re- man. He said that when they met at and two of the three stumps were 10- butted by three dentists who testified the medical college Parkman had re- ~ cated. Thereafter, when he compared that despite the cond ition of the teeth fused to listen to his appeal for fur- this block with his plaster cast model, they believed Dr. K.eep could recog- ther time to payoff the debt and the resemblance was so striking he nize and identify his own dental work. threatened to deprive him of his pro- • could no longer have any doubt that In his charge to the jury on the fessorship if he did not. In a temper it was that of Parkman. Enough was issue of the materia fact of identity, and fury, he seized a stick of wood and left of the other blocks taken from the Chief JuEtice Shaw cI ealt first with the struck Parkman on the side of the -+ furnace to enable him to determine evidence of the por'tions of the dis- head. Parkman fell instantly, and when

June 1975 25 all Webster's efforts to resuscitate him Mr. Jackson and one of the children was sold. The buyer was dissatisfied failed, he saw no out but to remove were found under a pile of sawdust with the original equipment plastic and conceal the body. and brush in Spotsylvania County, pistol grips and replaced them with a Va. Jackson had been fatally shot set of simulated·horn grips which he The Jackson Case 10 through the head. His hands were fastened to the revolver. He retained bound together by a necktie and his the plastic ones. In 1957, he adver· This second case, which broke in head had been severely beaten. In the tised the gun for sale in a newspaper. 1959, involved the abduction and opinion of the medical examiner of The defendant answered the advertise· murder of the four members of the Virginia, Jackson had been killed by ment and bought the revolver together Jackson family of Louisa County, Va. a .38 caliber bullet and his head with the extra set of plastic pistol The investigation of this brutal crime wounds could have been caused by grips. was long, intense, and widespread and any number of objects including a Following the discovery of the .38 captured the attention of millions pipe or a pistol butt. The child's body caliber Colt Cobra revolver in the ac· throughout the central Atlantic States. lay beneath that of her father. She had cordion case in the defendant's family As in the Case of Webster, however, died of suffocation and exposure after home, the revolver, along with the ~ our interest is confined to certain being injured by a blunt instrument. items of real evidence discovered in plastic pistol grips uncovered at the A sifting of the sawdust and debris at the course of the investigation; name· Jackson gravesite in Spotsylvania the crime scene failed to produce the ly, a .38 caliber Colt Cobra revolver County, was forwarded to the FBI bullet, but the search uncovered two Laboratory in Washington, D.C., for and a pair of plastic pistol grips. plastic pistol grips and Jackson's scientific examination by its experts. The purpose of the real evidence in broken glasses. It was ascertained that The blood examination at the Labo· ... this case, unlike that in Webster, was the plastic pistol grips were the type ratory revealed minute amounts of to identify the accused as the mur· used on Colt Cobra revolvers. human blood on the revolver in such derer rather than to identify the Late in March that year, across the places as the trigger, safety lever, main victim. Upon this particular issue, State line in Maryland, the bodies of spring, and safety lever slot. These considerable latitude in the admis· Mrs. Jackson and the other infant blood traces, however, were insuffi· sion of evidence is permitted after the daughter were found in a shallow cient in amount for grouping pur· ,... corpus delicti has been establishedY grave. A silk stocking was knotted poses. No blood was located on the For example, circumstantial evidence around Mrs. Jackson's throat. Both simulated·horn grips attached to the such as marks or traces of the accused she and the baby had been beaten gun at the time of its discovery. A " at or near the scene of the homicide about the head. These attacks with as· minute trace of blood, too limited in about the time of its commission in· piration of blood caused their deaths. amount for either origin determina· dicative of his presence or proximity, As the investigation moved forward, tion or grouping tests, was found in or articles found at the scene of the suspicion was directed towards the de· the screw hole of the left plastic pistol ,... killing proved or admitted to be the fendant in the case, one Melvin D. grip. The right plastic pistol grip con· property of the accused is admis ible Rees, J r. Following his arrest for a tained no blood traces. as tending to connect him with its crime not pertinent to this case, a commission. A toolmark examination was can· • search of his family home led to the Late one evening in January 1959, ducted at the FBI Laboratory to es· discovery of a .38 caliber Colt Cobra the Jackson family, con isting of the tablish whether or not the plastic pis· revolver,12 The revolver was found in father, mother, and two infant daugh. tol grips could be associated with the L, an old accordion case, locked with a ters, left the house of relatives to reo Colt Cobra revolver. Such examina· padlock and hasp, in a crawl space turn home by automobile. They never tions involve microscopic studies to over the rafters in the attic: Attached if a given toolmark was t• reached there. The next morning their determine to the revolver were gun grip made produced by a specific tool and include empty car was found halfway home of simulated horn. The defendant ad· partly on the shoulder of an unlighted the identifications of objects which mitted that the gun was hi . A tracing road. It was in working condition, the have forcibly contacted each other. In • of the revolver from the time of its conducting examinations of this type, key wa in the ignition, and there was gasoline in the tank. Skid marks of manufacture in 1953 to its discovery ~~~~aac:n:~:nf~:tv:h:i:~:~::;i: :i:~~ 4~1 another car at a 45 ° angle to the road in the accordion ca e disclosed that it marked the pavement immediately in had been shipped from the Colt fac· and scratches which form a pattern front of the Jackson automobile. tory in Hartford, Conn., to a depart. individual to and characteristic of that In early March 1959, the bodies of ment store in Atlanta, Ga., where it tool or metal surface. When another ~

26 FBI Law Enforcement Bulletin object comes in contact with that tool "Although- the inherent capacity of real evidence to or metal surface it will often pick up establish the truth has been expanded to an inestimable that pattern of marks. A toolmark can degree by the contribution of the natural sciences, its definitely be identified with a source unique value can nevertheless be lost_" if sufficient microscopic markings are present. Commonwealth of V irginia for the be lost if the investigating officer fails No significant toolmark findings slaying of Mr. Jack son in Spotsyl. to recognize the potential relevancy were made in regard to the left plastic vania County. At bot h trials, the FBI that lies in an item of real evidence pistol grip, but examination of the Laboratory experts testified to their encountered in a particular case, or if right grip, which contained a portion findings in the exam inations of the he errs in collecting, identifying, pack. of a broken gun­grip screw, revealed .38 caliber Colt Cob ra revolver and aging, and preserving it or in main- the presence of scrape marks across its the plastic pistol grips. The defendant taining its chain of custody from the interior surface. It was theorized that was convicted on the Federal charge moment of discovery to the time of the grips came detached from the gun and sentenced to liE e imprisonment. trial­ the acid test of the worth of possibly as the result of the applica- He was found guilty of murder in the any criminal investigation. first degree on the S tate charge and tion of some type of excessive force FOOTNOTES and that the scrape marks on the inner sentenced to death, The evidence of tile association of 1 Stryker, The Art 01 Advocacy II (l95~), surface of the right grip could have 2 See McCormick, Evidence 38~39~ ( 195~) ; McCor· been produced aT that time. These the Colt Cobra re"Volver with the mick , Evidence 524­542 (2d cd. 1972); 2 Wigmore, plastic pistol grips ""as characterized Evidence § ~13 (3d ed, 1940); 4 Wigmore, Evidence scrape marks were sufficiently charac- §§ 115~1l69; 7 Wigmore, Evidence § 2129, teristic for comparison and possible by one of the courts as "convincing" 3 Commonwealth v. Webster, 59 Mass. (5 Cush.) and by another as "a.dmittedly the de- 295 (1850). identification of the object that pro- 'Rees v, Commonwealth, 203 Va, 850, 127 S,E, duced them. The area of the metal cisive proof' agains t the defendant. 2d 406 (Va, 1962), In that regard, it is noted that Chief • Wigmore, Evidence § 26, p, 401, n, i. (3d ed, frame of the Colt Cobra revolver sus- 19M1) , pected of having produced the scrape Justice Shaw remark:ed in the Case 0/ • Ex parte l effries, 7 Ok!. Cr, 544, 124 Pac. 924 Webster that the reI ations and coin· (1912) , marks contained a contour of micro- 7 Commonwealth v. Webster, supra. See abo Wig. scopic nicks and scratches. cidences of some fac ts of a physical more, Principles 0/ Judicial Proof 50, 68, 84, 144, and mechanical na ture with each 209 p , 997 (2d ed, 1931); 1 Wigmore, Evidence Test impressions, using surface § 149 (3d ed, 1940) ; Wigmore, Evidence §§ 266, 413; replica material, were made of the other, from which r easonable infer- 7 Wigmore, Evidence § 2072. ences may be drawn ,. are "so decisive 8 Kenny, Outlines 0/ Criminal Law 456 (18th ed. pertinent area of the revolver's frame. 1962) , as to leave no dou1:>t ...." 13 The pattern of markings produced in • See Ml Am, Jur, 2d, Homicide §§ 4. 284, 289, 432, 433; LaFave & SCOll, Criminol Law 16, 17 these tl)sts was compared microscopic- (1 973), ally with the scrape marks across the 10 R ees v, Commonwealth, 203 Va, 850, 127 S,E, 2d Conclusion Ml6 (Va, 1962), See a1,0 United States v, Rees, 193 .,. inner surface of the right grip. It was F, Supp, 849 (1961); Rees v, Peyton, 225 F. Supp, concluded as a result of these exami- The two foregoin g cases, one old 507 (1964); Rees v, Peyton, 341 F, 2d 859 (4th Cir, nations and comparisons that the right 1965) , and one new, illustr ate not only the 11 Ml Am, Jur, 2d, Homicide §§ 286, 426, 435, plastic pistol grip found at Jackson's important part which real evidence 12 It W8! contended later that this search and gravesite had at one time been at- seizure was unreasonable under the fourth amend- has traditionally pIa ­yed in the vindi- ment to the Federal Constitution, but all the Federal tached to the .38 caliber Colt Cobra cation of the crimin.al law, as in the and Stale courts that examined this claim ruled that revolver found in the accordion case the fourth amendment was not transgressed and that Case 0/ Webster when forensic odon- the search and sf'izllre was authorized by law and was and admitted by the defendant to be reasonable. tology was "not Inuch less than a '13 Commonl(:eailh v. Web31er, supra at 314. his. Photomicrographs were taken dream"; but also ho 'W the importance showing the comparison of the mark- of real evidence has :1:Jeen enhanced in BIBLIOGRAPHY ings on these items of real evidence recent times by the a pplication of the Bemis. George. Report 0/ the CalC 0/ John W . for trial use. W'eb,ter. Boston: Little, Bro,,'o & Co., 1850. scientific method to its examination in DempewolfT, Richard. Famou! Old New En,land In February 1961, the defendant the modern crime lab oratory, as in the Murders, pp, 211 ­269, Stephen Daye Pre••, 1942, was tried in Federal court in Mary- Gustafson, Gosta. Forensic OdonlololY, p. 182. New Jackson Case. Altho ugh the inherent York: American Elsevier Publishing Co., Inc. land for violation of the Federal Kid- capacity of real evid ence to establish Robinson , J. J. ClUe, on Criminal Law and Proce· '. napping Act in the abduction and the truth has been ex panded to an in- dure. pp. 715­721. Rochester: The Lawyers Co - Operative Publishing Co., 1941. interstate transportation of Mrs. estimable degree by the contribution Sullivan, Judge Robert. The DiJappearance 0/ Dr . ... Jackson and her daughter. Thereafter, of the natural sciences, its unique Parkman. B08ton: Little, Brown & Co., 1971­& thorough, fascinating account and discerning , he was also brought to trial by the value can nevertheless be lost. It can analysis of the case of Webster. ~ + June 1975 27 Remarks _____ He has been de• scribed as being very congenial, is said to have the ability to gain the confidence of people with whom he comes in con· tact, is a Latin• music and dance enthusiast, en· joys baseball and football, likes to wear sports clothes, and is fond of showing off his money. Scars and Scar above left eye• marks____ brow, vaccination scar on upper left Social Security arm. Nos. used_ 569-76-1292, 080-18--1661. Photographs taken in 1968. FBI No. _____ . 830 A. Fingerprint BERNARD STRIAR, also known as Eugene Holland, Eugene Hollard, classification: Leslie Robert Marlo, Benjamin Starr, Bernard Starr, Ben Strain, Ben 17 L 1 U on 12 Ref: U Strair, Benjamin Strair, Bernard Strair MIT OI R NCIC clas· sification: Interstate Flight• 17 10 06 08 12 12 TT 12 08 09. Grand Theft Caution

Bernard Striar is being Striar, who has been hos• sought by the FBI for unlawful pitalized for "schizophrenic re• interstate flight to avoid prose• action," may have suicidal tend• .,. cution for grand theft, and a Right index fingerprint. encies. He has been convicted of Federal warrant for his arrest grand larceny and should be Description was issued on August 19, 1968, considered dangerous. at San Francisco, Calif. Age ______51, born May 20, 1924, New York, N.Y. (not sup• Notify the FBI The Crime ported by birth records). Any person having informa• From December 1965, until Height ______5 feet 7 inches to tion which might assist in locat• May 25, 1968, Striar, while em• 5 feet 8 inches. ing this fugitive is requested to ployed as an accountant, alleg• Weight ______180 pounds. Build ______Heavy. notify immediately the Director edly embezzled $423,070 from a Hair ______Brown. of the Federal Bureau of In• South San Francisco, Calif., Eyes ______Green. vestigation, U.S. Department fruit and produce company. He Complexion __ Medium. of Justice, Washington, D.C. reportedly accomplished this Race ______White. 20535, or the Special Agent in by a "lapping" scheme, altering 'Nationality __ American. Charge of the nearest FBI field Occupations __ Bookkeeper, cleri• bank deposit slips, and trans• cal worker, sales· office, the telephone number of ferring funds to a subsidiary of man, and travel which appears on the first page the firm. agency operator. of most local directories.

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QUESTIONABLE PATTERN The questionable pattern presented here is a very common type, yet is the source of much confusion insofar as its classification is concerned. The pattern consists of two ridges ending on or about the same plane, plus a delta formation. Accordingly, it is clas• sified as a tented arch. A reference search would be conducted in the plain arch group.