~roRCEMENT JULY 1979 rBl BUllETIN

The FBI Academy Today and technological contributions in the criminal justice field, you can compare these to fleet and servicewide cooperation and mutual support. Each line element, from destroyer to carrier, has its role and each is supported at sea by oilers, ammunition ships, and various tenders. Overall, they are supported by supply, training, and recruiting commands. Director's Each local, State, and Federal law enforcement agency has its mission, but all An ~xpanded Message National Academy are interdependent. The FBI has many curriculum, training in sophisticated support roles, in addition to its priority line computer crime investigation, college investigative functions. Some of these are accreditation, arson investigation training, long established: Fingerprint identification new forensic science research and training forensic laboratory examinations, and ' facilities-these are some of the training. One of the most important of the developments planned or already in training roles is the FBI National Academy progress at the FBI Academy. program. Marking its 44th anniversary this This issue of the Law Enforcement month, the National Academy program, Bulletin focuses on these training efforts supplemented by the new National both their content and method, because 'the Executive Institute, is becoming the present and projected status of training at equivalent of military staff colleges for our Quantico facility will "help shape the training management. future direction of law enforcement training Some of our support functions are . . . ," as the Assistant Director of the newer and growing-NCIC for example. One Training Division notes. of the newest is the undercover Sting This training and the advanced operation, a whole new approach to e?u?~tion available through the University of investigation. These operations are Virginia represent a keystone in building outstanding examples of new cooperative cooper~ti?n. We must take every advantage efforts between local and Federal law Of. o~r limited resources to accomplish our enforcement, with LEAA funding and local mission today; thus, cooperative efforts are implementation and supplemented by FBI or needed more than ever. other Federal support in technology and . An appr?priate analogy to this necessity personnel. A Florida newspaper editorially noted, IS the operation of a Navy ship. The crew must be able to work together as a team after one Sting operation was completed, because each job on a ship is mutually that it is "encouraging to learn that, not only supportive, from engine room to bridge. Add is the FBI today approachable, but that it is motivation to training and cooperation and actively involved in comprehensive relations you have the key elements for success. with other law enforcement agencies at the Within a given law enforcement agency, county and city level. .. . " The editorial each component must also do its job in recognized that now "tax dollars spent for cooperation with the other elements of the crime control are being spent more command. Patrol, investigation-the line efficiently and with outstanding results." components-depend on support functions Cooperation, which can begin with and on .cor:nmand for the tools and training, training, is one way to achieve law for motivation and strategy. Going beyond enforcement's goal of crime control. We in th.e sing~e department, the naval analogy is the FBI will do everything possible to stili applicable. Taking local and State police accomplish our part in this mission. adding various Federal law enforcement ' agencies and the ever-increasing academic

William H. Webster Director July 1, 1979 ~ORCEMENT rBl BUllETIN

JULY 1979, VOLUME 48, NUMBER 7 Contents

Personnel 2 The Training Director By Edward J, Tully, Special Agent, FBI Academy

Physical Fitness S The American Association of Police PhysiCians and Surgeons By Jacob Kraft, M,D" Senior Surgeon, Police Department, Kansas City, Mo, Administration 8 Task Analysis-A Beginning By Robert 0, White, Special Agent, FBI Academy

White-collar Crime 9 Computer Crime Investigators-A New Training Field By Bill 0, Colvin, Special Agent, FBI Academy Training 13 Nonverbal Behavior in the Training Environment By Ancil B, Sparks and Laurence W, Levine, Special Agents, FBI Academy The Legal Digest 18 Legal Training in the FBI By Donald J. McLaughlin, Special Agent, Legal Counsel Division Press Relations 19 "No Comment ..." Law Enforcement and the Media By Charles W. Steinmetz, Special Agent, FBI Academy

Point of View 24 The FBI Academy-1984 By Kenneth E, Joseph, Ph.D" Assistant Director, and James A. O'Connor, Ph. D., Academic Dean, Special Agents, FBI Academy

28 Wanted by the FBI

The Cover: Federal Bureau of Investigation Published by the Public Affairs Office, This month's cover United States Department of Justice Homer A. Boynton, Jr., Inspector in Charge features the quadrangle area of Washington, D.C. 20535 Editor-Thomas J. Deakin the FBI Academy. William H. Webster, Director Associate Editor-William E. Trible Staff-Kathryn E. Sulewski, Gino Orsini, The Attorney General has determined that the publication Jeffrey L. Summers of this periodical is necessary in the transaction of the public business required by law of the Oepartment of Justice. Use of funds for printing this periodical has been approved by the Oirector of the Office of Management and Budget through December 28, 1983.

ISSN 0014-5688 USPS 383-310 The Training

ByEDWARDJ.TULLY Director Special Agent Education and Communication Arts Unit FBI Academy Quantico, Va. There are few social scientists In this regard, our profession has agency. In the past, training command who would not agree with the fact that been well-served by the process of used to be a step in the promotional the pace of change in American soci• training. In the past 25 years or so, process in law enforcement. Today, a ety over the past 25 years has been police training programs have substan• few organizations have realized that extremely rapid. In fact, Alvin Toffler in tially increased in quantity, quality, and this position demands an individual his popular book, Future Shock, hy• sophistication. In many cities and with extensive experience in the de• pothesized that the change has been States, police are conducting training sign, development, and execution of too fast for some individuals and insti• programs for recruits and inservice education and training programs. To tutions in our culture to assimilate. personnel, which are the finest of their understand this trend, let's examine Thus, there has been a certain amount type in the world. Police training has the roles the training director may play of cultural shock or dysfunction. become, in this relatively short period within an organization. Whether T offler is correct or not, all of time, respectable both in the aca• A review of literature concerning observers agree that there has been demic and professional training worlds. the role of the training director, includ• rapid social, economic, and political If present trends continue, training will ing an examination of the subject by change in America. continue to increase its sphere of influ• Calvin Otto and Rollin Glaser in The . On the cutting edge of this ence within police organizations in the Management of Training, 1 Leonard change, the profession of law enforce• years to come. In law enforcement Nadler and Gordon Lippit in a 1967 ment stood, attempting to preserve or• circles, at least, the process of training article in the Training and Development der and 'to be neutral between the has come of age. Having proved to Journal, 2 Leonard Nadler's 1970 book competing forces. It was a position police administrators and the public the entitled Developing Human Re• which called for considerable immedi• value of strong, responsive training sources,3 and Paul Chaddock's chap• ate change within the profession itself. programs, the problem now faced by ter in the second edition of the Training Law enforcement did not have the lux• training managers is to salvage as and Development Handbook,4 shows ury of quiet reflection to consider the many of their respective programs as that experts hold the training director pros and cons of change. It did not possible in a period of declining or functions in the following roles: have the time to experiment with alter• fixed police budgets. This burden, as 1. Administrator of training; native solutions to social unrest. Nor well as designing new training pro• 2. Trainer, teacher, philosopher; was there time for enlightened debate; grams to continue the professionaliza• 3. Advocate or consultant; and there was only time for reaction to tion of the police, will fall on the 4. Research and development director. events. Some reactions were proper training director and his staff. Our experience at the FBI Academy and served to preserve order; some Just as the process of training has coincides with their findings. were not and only served to inflame come of age in law enforcement, so the situation. To a certain extent, we has the realization that the position of are fortunate to have come through training director is a demanding, com• this period intact as a profession. To a plex, executive position within the greater extent, it could be argued that we are more professional for having had the experience.

2 / FBI Law Enforcement Bulletin Of course, the training director will ance objectives, lesson plans, and function. The training director must not function in all of the above roles criterion test measures; (e) design spe• also be prepared to assist in the follow• simultaneously, and a variety of cir• cialized training programs; (f) be knowl• ing areas: cumstances within the organization will edgeable about developments in the 4. (a) Design of organizational re• dictate the amount of time he spends training and development field; and (g) search projects; (b) research and de• in discharging his responsibilities. Al• coach the training staff. velopment of tactics, weapons, and though it is safe to assume that the protective devices; (c) conduct of be• training director will function primarily Advocate/Consultant haviorally anchored research to be as an administrator, he will, over a The law enforcement training di• used in the selection of performance short period of time, also function in rector must have a broad range of appraisal process; and (d) application the other roles. In general, then, the street experience as an officer. This of behavioral theory to operational overall definition of a training director experience, plus his background in practice. is, as Nadler suggests, a change agent training, results in his being considered As can be seen from an examina• whose basic goal is to increase organi• more frequently as a credible source of tion of the above four roles, the posi• zational effectiveness through the de• tion of training director almost velopment of the organization's human demands an individual who has been resources to their maximum potential. " ... the overall definition professionally prepared for the job. It is Let's examine each specific role in of a training director is, as becoming doubtful that law enforce• more detail. Nadler suggests, a change ment agencies heavily involved in train• agent whose basic goal is ing can much longer afford part-time or Administrator of Training to increase organizational nonprofessional training directors. The primary job of the training di• effectiveness through the Since 1960, the number of law en• rector as an administrator is to be development of the forcement training programs have vir• aware of the changing function and organization's human tually exploded throughout the Nation. objectives of the organization. From This rapid increase in both quantity and this position, the administrator also: resources to their quality of training programs mirrored 1. (a) Determines training needs; maximum potential." the increases in the amounts of knowl• (b) prepares goals and objectives; (c) edge and skills needed by recruits to prepares budget; (d) supervises staff advice when the organization faces function adequately, the development selection and evaluation; (e) devises operational problems. Since many law and implementation of new technol• administrative devices and controls; (f) enforcement problems have either ogy, and new demands on law en• evaluates the effectiveness of training; their roots or solution in training, the forcement's traditional responses to (g) arranges for material, equipment, training director is called upon increas• social problems. and facilities; (h) establishes and main• ingly to provide answers to complex While it was recognized by law tains a proper learning environment; (i) problems. In addition, in this role the enforcement management that the monitors Government regulations training director may: training process could not solve all (EEOC, OSHA, etc.); Ol conducts pub• 3. (a) Advocate change in organi• problems during this period, training lic relations; (k) arranges for faculty zational policy, procedures, or objec• was used more than it had been in the development; (I) establishes training tives; (b) promote the dissemination of past. The results have been satisfying policy; and (m) establishes training pri• new ideas, equipment, or the wisdom to all concerned. The fact that the orities. of the status quo; (c) offer advice upon officers today are better trained and request in tactical situations; and (d) educated is tangible proof in the eyes Trainer furnish advice on the limitations of of many experts that law enforcement As a trainer, philosopher, and per• training. is more professional in daily operations haps part-time teacher, the training di• than ever before. Since it is believed by rector's primary task is to lead his staff Research and Development most social observers that our social in the design and development of con• In this role, the training director is problems are going to continue or in• stantly changing curricula relevant to responsible for the long-range planning crease in their diversity and complexity, the needs of the organization. The of the training function. In a law en• it would make sense to conclude that training director may also be expected forcement agency where change law enforcement training programs will to: and/or the anticipation of change is a become even more specialized and 2. (a) Develop an organizational daily event, this is indeed a critical sophisticated. The "architect" of these philosophy of training; (b) select appro• programs of the future will be the train• priate methods and techniques of in• ing director. This individual will have to struction; (c) apply learning theory for have many qualifications and talents to application to teaching/learning prob• function effectively in this changing lems; (d) approve terminal perform• training environment.

July 1979 I 3 creasing use of educational technol• ogy, best exemplified by the recruit / training programs of the Los Angeles Police Department and the Metropoli• - • tan Police in Washington, D.C., de• mands a high level of technical expertise on the part of the training director. Newly developed crisis inter• vention, hostage negotiation, and criminal behavior courses demand a thorough knowledge of the behavioral sciences. Finally, the issue of credibil• ity of the training director in law en• forcement is critical to the continued use of the training process to solve organizational problems. There is a time to train and a time when training will not solve the problem. Knowing the difference is important and having the credibility within the organization to sell the difference is critical. The position of director of training nished the results of a study of within a law enforcement agency al• members of the American Society for Conclusion most demands an individual with broad Training and Development (ASTD). If law enforcement agencies are street experience, an extensive back• The study was designed to probe the going to be receptive to the impact of ground in education and training pro• changing demands on the training pro• change in either individuals or institu• grams, a strong personality to function fessional. Over 2,000 trainers respond• tions in our society, we must be pre• as an advocate of new ideas, and the ed to the poll and the results indicate pared to use the training process as a wisdom to act as a teacher, consultant, that change is occurring in that sector means to assist both individuals and and confidant. The position also re• also. While the results cannot be di• institutions to cope with change. The quires administrative skills, research rectly applied to law enforcement train• identification of training as one means and development skills, and the skill to ers, the response points to trends by which an organization can solve act as a change agent. Obviously, which can be expected to have an problems is important, but finding an mere promotion through the ranks will inevitable impact on our profession. In individual within the organization to de• not adequately prepare an individual to brief, almost 30 percent of those polled velop and retain as the manager of this serve in this capacity in a modern law indicated they were spending more process is more important. Clearly, enforcement agency. More is needed. time on management duties. Almost 40 what we need is a "man of all sea• Any individual who is chosen to act as percent believed that credibility was sons." It is not easy to find such an training director should be exposed to the most important behavioral charac• individual to act as the training director, a wide variety of training experiences, teristic of the training director. Finally, but the effort will pay rich dividends in should obtain a strong academic back• almost 60 percent of the trainers indi• the long run. rBI ground in adult education, and if possi• cated that "increased technical aware• ble, should be exposed to training in ness" and "increased knowledge of FOOTNOTES other parts of the public and private the behavioral sciences" were emerg• •Calvin Otto and Rollin Glaser, The Management of sectors. ing as important requirements for the Trsining (Reading, Mass.: Addison·Wesley Company, 1970), pp. 3- 11 . The fact that the role of the law training and development professional. ' Gordon l. Uppit and Leonard Nadler, " Emergency enforcement training director is chang• It is realized that the above results Roles 01 the Training Director," Training and Development Joumal, August 1967, Vol. 21 , NO. 8. ing apparently parallels the change are subject to wide interpretation as to • R. l. Craig (Ed.), Training and Developmant Handbook, 2d ed. (New York: McGraw·HiII, t976), chapter also occurring in corporate training their meaning and possible conclusion. 3, pp. 1-4. programs. In the March 1979, issue of But the results tend to confirm our • Leonard Nadler, Developing Human Resources (Houston: Gull Publishing Co., 1970) passim. the Training and Development Jour• observations of the law enforcement • Donald Clement, Patrick Pinto, and James Walker, nal, 5 Clement, Walker, and Pinto fur• training process at the FBI Academy. " Changing Demands on the Training Prolessional," Trsining and Development Joumal, March 1979, Vol. 33, That is, the role of the training director No. 3, pp. 3- 7. as an administrator at both the State and local levels is increasing. The in•

4 / FBI law Enforcement Bulletin The American Association of Po• The association's first scientific lice Physicians and Surgeons (AAPPS) session, attended by 23 physicians, was officially organized November 22, was held at the FBI Academy, Quan• 1976, at the FBI Academy, Quantico, tico, Va., on June 6 and 7, 1977, with Va., by a group of 11 physicians repre• symposia presented on physical stand• senting police departments throughout ards for police officers and stress test• the United States. Several of the pro• ing results in police officers as a spective members met in an exploratory prerequisite to jogging programs. The American meeting at the 83d Annual Conference The first annual meeting in con• of the International Association of junction with a scientific program was Association Chiefs of Police (IACP) in Miami held in October 1977, concurrently with Beach, Fla., on September 29, 1976. the 84th Annual Conference of the At this meeting, the AAPPS became a IACP. Informative papers were pre• of Police subsection of the IACP through the sented and well-received: (1) Clarence assistance and liaison direction of the Robinson, M.D., Senior Police Physicians IACP's Clifford S. Price. Surgeon, on "Whither Physical Stand• The primary objectives of the as• ards-Metropolitan Area"; (2) "Stand• sociation are: ards as Seen by a Police Educator"• and Surgeons 1. To provide the means for fair Jack Seitzinger, Ph. D., Director, Great• exchange of information, ideas, coun• er St. Louis Police Academy; and (3) sel, and advice among police physi• "Lead Exposure in Indoor Firing By JACOB KRAFT, M.D. cians and surgeons. Ranges-Hazards and Recommenda• 2. To support and advance the tions"-Alf Fischbein, M.D., Assistant Senior Surgeon improvements of medical standards Professor of Community MediCine, Po/ice Department and treatment for police personnel. Mount Sinai School of Medicine of the Kansas City, Mo. 3. To engage in research and edu• City University of New York. This sub• cational programs covering all aspects ject was subsequently discussed by of police medicine. Thrift G. Hanks, M.D., ·Medical Director, 4. To encourage national, State, City of Los Angeles, Calif. and local police agencies to use the Membership in the AAPPS has services which will be provided by the now grown to 37 physicians and sur• organization. geons, and by the enthusiasm thus far Eligibility for active membership is generated by those physiCians attend• limited to duly licensed medical and ing the preceding meetings, it is antici• osteopathic physicians whose respon• pated that more physicians and sibilities include the care and treatment surgeons will avail themselves of the of police officers or who are employed opportunity to upgrade their expertise or authorized by a police agency. The in the field of police medicine. The members of the association are re• third annual scientific session of the quired to be active, associate, or life AAPPS was held at the FBI Academy, members of the IACP. The following in April 1979. Topics ranging from officers were reelected for a 2-year "Exercise and Hemodynamic Fitness" term at the annual IACP meeting in to "Audiology Recruit Requirements New York City on October 9, 1978: and Hearing Loss in Law Enforcement President- Officers" were presented. Jacob Kraft, M.D., Kansas City, Mo. The AAPPS, an enthusiastic and tst ViCe President- growing organization of physicians Clarence Robinson, M.D., New York, dedicated to improving the health and N.Y. welfare of the law enforcement officer, 2d ViCe Presidenl- has been the gratifying result of the Howard Schneider, M.D., Yonkers, support of Glen D. King, Executive Di• N.Y. 3d Vice Presidenl-- rector of the IACP; Assistant Director James Cooper, M.D., St. Louis, Mo. Kenneth E. Joseph, Training Division, Secretary/Treasure,- Federal Bureau of Investigation; and George Devins, M.D., Kansas City, Mo. former FBI Director Clarence M. Kelley. fBI

Dr. Jacob Kraft

July 1979 I 5 TASK ANALYSIS A Beginning

By ROBERT O. WHITE Special Agent Education and Communication Arts Unit FB/Academy Quantico, Va.

Currently, there are four major To develop an effective curriculum experienced several frustrations in as• forces acting on law enforcement train• or training program for new recruits, it sembling the item. Why? Because the ing. These forces are stimulants for is imperative that this curriculum be analysis was probably incomplete, or extremely rapid change in the content, based on a solid foundation. This foun• at best, confusing because there was methodology, and structure of recruit dation is a task analysis. After an organ• not enough detail in the set of instruc• and inservice training. ization has identified a particular job tions. In a thorough task analysis, one The first major force is the impact behavior Gob description) that is need• must state as many parts or instruc• of the Civil Rights Act of 1964, Title VII, ed to make that organization function, tions as possible to identify all of the on the twin processes of selection and such as the position of patrolman, it is small tasks required to complete the training. The second is the reduction in necessary to define, in detail, what that overall task. available funds for police budgets, and patrolman does on the job before the Many States and departments in particular, police training budgets. topics which will be taught him in the have addressed the problem of build• The third is the rapid growth of civil classroom can be addressed. Keep in ing a firm foundation for their training liability in the area of selection, training, mind that there is a distinction between programs by conducting the necessary and negligent retention. And last, the training and education. Training is to task analysis, and through the various continuing impact of technological ad• prepare the individual to do a specific police standards and training councils, vancement in the United States causes job, while education is broader in this information is being . disseminated training programs to be in a constant scope, preparing the individual to func• to most departments. This is a very state of flux in order to take advantage tion in society. healthy development. However, given of new technology. Task analysis is a chronological the broad approach that training coun• The cumulative effect of these statement of performances that are re• cils often are required to take, the task forces on law enforcement training is quired in the completion of a given job analysis may not meet the needs of such that the entire training process or task. If one has ever purchased an every instructor in every department. must be reviewed and revised in order item that required assembly, such as a For example, each department may to build a legally, morally, and oper• model airplane, one has had to deal have a separate, or slightly different, ationally defensible program. To ac• with a task analysis, and has probably procedure for stopping cars. For this complish this, it is imperative to return reason, performance of this task by to the basics, both in an educational patrolmen may differ slightly, or even and operational sense. significantly, from department to de• partment, and therefore it will be taught

6 / FBI law Enforcement Bulletin differently by each department. One cannot effectively or efficiently teach someone to do a task until the trainer has done a thorough analysis of that task. There is nothing magical about conducting a task analysis. It is more a matter of hard work and placing on paper, in performance terms, what the task is. The four basic methods of conducting a task analysis are: Before an instructor can feel se• training personnel to do a specific job; 1. Observation Task Analysis• cure about his task analysis, he should therefore, the training must be related Actually watching a skilled worker do use more than one, and perhaps all to that job. This is why task analysis is the job. four, of the above methods. Keep in mandatory. 2. Simulated Task Analysis-If mind that in the systems approach to The task of writing a task analysis one is a skilled performer of the job in training, the first step is to conduct the can also be analyzed. Therefore, in question, you can imagine the job be• task analysis, since this is the founda• writing a task analysis, it is necessary ing done. tion upon which a training program to perform two major tasks: 2 (1) Identi• 3. Content Analysis-Analyzing must be built. If the foundation is faulty, fy major tasks and their corresponding the content of texts or other existing subsequent construction will be faulty subtasks (written in performance termi• instructional material, operating and will no doubt crumble. For this nology), and (2) sequence the tasks in instructions, procedural guides, or reason, one will want to check with the order of their performance. tests, and sources of sufficient expertise to obtain The above two tasks are stated 4. Interview Analysis (or Consen• the data or analysis that will withstand very simply, and at first glance, do not sus Analysis)-Interviewing a subject the challenges of training councils and seem very difficult. It is the identifica• matter expert or specialist about the even the courts during the validation tion of the subtasks with thoroughness, job performance in question. I process. precision, and practicality or good judg• The key term to the validation ment, in step one, that requires con sid- process is "job-related." As police in• structors, our job is the business of

July 1979 I 7 erable effort. To be thorough one must As in the design of a building, the match (one-to-one correlation) be• draw upon his own memory bank, read foundation is the beginning. To devel• tween instructional objectives and the as many documents as possible on the op a valid, job-related curriculum, one test items. This is why the word crite• subject matter, view films, interview must begin construction with the solid rion is used to describe the test item. subject matter experts, and observe foundation of a task analysis. The job 5. Develop the instructional mate• people at work to insure that his task is only begun, however, when the task rials (lesson plans) that are required to analysis is accurate and inclusive analysis is completed, for it then must teach the trainee how to perform the enough to withstand the challenge of be followed with several other impor• instructional objectives that have been being job-related. tant major steps. They are: derived. To be precise one must state each 1. Identify the skills (knowledge, subtask in performance terms and also motor skills, or attitudes) that are re• Conclusion in its relation to the major task. Per• quired to perform each subtask of the The impact of the Civil Rights Act formance, for the purpose of this dis• analysis. of 1964 has legitimately forced law cussion, is the student doing 2. Determine the trainee's ski" lev• enforcement to examine both selection something the instructor can observe el when he arrives for training and and training standards to determine and evaluate. Examples of this would match that ski" level with what he must whether a correlation exists between be to write a report or to drive a car learn in order to perform on the job the artificial standard and the perform• through a defensive driving course. (training needs). ance requirements of the patrolman The task of writing a report is real• 3. Write instructional objectives position. Many of our standards could ly a terminal performance or the end based on the training needs of the not stand the examination and have product of a series of smaller tasks. trainees. been abandoned. Still there remains For the student to actually write the 4. Write criterion test items that the problem of accurately, and lega"y, report, he must perform several sub• measure the trainee's ability to perform discriminating between the qualified tasks. Would not the chore of stating each objective. There should be a and unqualified applicant or trainee. In the necessary items to be included in order to accomplish this objective, we the report be a subtask? For that mat• must know the elements of the' job, or ter, to state the type of report that is to Conceptual Design of a the tasks involved, and the standard of be made, such as a parking ticket re• Training Program performance required by the organiza• port, accident report, or an investiga• tion for each task. Although this proc• tive report, is a subtask. Consider the ess which we have called task analysis fact that there may be several different is time-consuming, ~xpensive, and report forms to be used with the differ• seemingly counter to our efforts to re• ent types of reports to be made. Would duce costs, it is in the long run the only not having the student select the prop• solution. This investment in time and er form to use with a given type of money can result in significant future report be a subtask of writing that re• monetary savings in better applicant port? When the report is being written, selection and training systems. It would it be unreasonable to ask the should reduce civil liability claims and student to state the number of copies result in a more efficient use of availa• that are required for a given report? ble training technology. Perhaps, The terminal performance of writ• though, the most important reason to ing a report could be possibly broken Develop instructiOnal engage in the process of task analysis down into three (perhaps more) major Materials is to eliminate the arbitrary, artificial, phases-preparation for writing the re• selection standards which have been port, organization of materials, and the Write Criterion Test Items so often viewed as barriers to the em• actual writing of the report. These ployment of minorities. Equal opportu• three steps are subtasks of the termi• Write Instructional nity in our profession is a worthy law nal performance and would also have Objectiyes enforcement objective, necessary to subtasks that would include those the well-being of our Nation. Task anal• items previously mentioned. Determine Trainees' Skill ysis is a beginning . . . . rBI The flow of the major tasks and Level (Training Needs) subtasks should be in the order in Footnote• which they are performed when the • " Instructional Technology Workshop Script Book" Identify Skills Required To (Baltimore. Md.: General Programmed Teaching, 1972) p. officer is, in reality, doing the task on 4A-2. Perform Task • Peter J. Essett and Mary S. Essett, Behaviorsl Task the job. If this is done, then one has a --- Analysis (Columbia, Md.: ESF Press. 1974), p. 3. job-related task analysis, which again is the key to the validation process of a TASK ANALYSIS training program.

8 / FBI law Enforcement Bulletin [l(]rII(JIJifir [lrirIlfi IrllJfI~ii~r.i(]r~ A New Training Field

By BILL D. COLVIN Computer crime has been called computer crime investigators. The re• search is based on an analysis of com• Special Agent by various names: Computer abuse, puter systems to determine the areas Economic and computer fraud, computer-related of vulnerability and the methods of Financial Crimes crime, and automatic data processing Training Unit (ADP) crime. Regardless of the terms penetration. A typical computer system uses FBI Academy used to describe computer crime, it is programs (instructions) to enter data Quantico, Va. where the "big money" is today in white-collar crime, with corporate com• (alphabetic or numeric material) via an puter crime losses averaging $621,000 1 input device to a central processing per incident. unit (CPU), where the data is proc• Law enforcement officers can be essed and output produced, which ulti• trained to investigate competently, pro• mately becomes information. It is this fessionally, and successfully 93 per• flow, input/processing-output, that is cent of all computer crimes, and to basic to all computer systems. To fa• recognize the level of technical exper• cilitate this flow, there must be some tise required in a consultant to solve form of auxiliary storage (magnetic disk the remaining 7 percent, as will be and/or tape), a console unit (which demonstrated. allows communication between the The Economic and Financial CPU and the computer operator), and Crimes Training Unit of the FBI Train• terminals (which allow remote access ing Division has conducted extensive to the computer system). The unshad• research into the training needs of ed portion of figure 1 illustrates this computer system.

Areas of Vulnerability The shaded portions of figure 1 represent the areas of vulnerability in a

July 1979 / 9 computer system. As is evident, input analyzing these schemes in terms of levels, or personnel capabilities, that can be altered; computer programs technical capabilities, computer crime allow computer crime suspects to be can be altered or created; CPU 's can suspects can be developed. developed. As illustrated in figure 2, be misused; data contained in auxiliary personnel having systems analyst storage files can be added to, Computer Crime Suspects capabilities are capable of perpetrating changed, or deleted from; output can Within any data processing organi• crimes in the most sophisticated be altered; operating systems can be zation there are only four basic func• scheme levels, computer communica• modified to allow perpetrators control tions performed: (1) Data entry, (2) tions, and operating system penetra• of the computer; and computer com• machine operations, (3) application tion. munications can be intercepted or al• programing, and (4) systems analysis. The process of being able to iden• tered. Computer personnel are assigned to tify the crime as occurring in either work in one of these four basic func• crime scheme 5 (operating system Computer Crime Schemes tions depending on education penetration) or crime scheme 6 (com• The areas of vulnerability identi• puter communications) assists the in• fied in figure 1 can be considered as vestigator in developing suspects and computer crime schemes and can then "Law enforcement officers narrowing the scope of the investiga• be ranked according to the technical can be trained to tion. At these levels, only the more difficulty required to commit the crime. investigate competently, skilled personnel will have the techni• In ascending difficulty, the ranking is: professionally, and cal ability to commit crimes. The more 1. Input! output alteration, successfully 93 percent of skilled the job function, the fewer the 2. Computer operations, all computer crimes. . ." number of personnel capable of per• 3. Computer programs, forming that job. If the crime scheme is 4. Auxiliary storage manipulation, identified as a computer program, then 5. Operating system penetration, and level, experience level, needs of the figure 2 shows that the suspects are 6. Computer communications. organization, and other miscellaneous programers and systems analysts. Per• The alteration of input/output factors. The data entry function is the sonnel in bo!h functions possess this would be the least technically difficult least skilled area with the greatest technical capability. Investigators iden• scheme used to commit a crime, while number of persons assigned and the tifying crime schemes in the the interception or alteration of com• systems analysis is the most skilled input! output alteration level have a puter communications is the most area with the least number of persons broad range of suspects. Figure 2 technically difficult crime scheme. By assigned. It is these identifiable skill points out that not only data entry per• sonnel are technically capable of crimi•

Figure 1. Today's computer systems are totally vulnerable. nal activity at this level, but also everyone else in the organization with that technical capability. It is important then for the investigator to be able to recognize the highest technical level at COMPUTER SYSTEM which the scheme was perpetrated in VOI.NERA8IUlY order to narrow the scope of the inves• ·"Of tigation. Investigators must be trained not only in how to investigate computer crimes, but also in how to recognize the type of scheme used.

Training Levels The training needs of the com• io--.INFO puter crime investigator can be stated in terms of three training levels: (1) An awareness level, (2) a comprehensive f level, and (3) a specialist level. Figure 3 illustrates that these training levels ~MINA~ ~CONSOU can be applied to the schemes of com• puter crime to determine the level of training needed by the investigator to ~ A11ERAltON

10 / FBI Law Enforcement Bulletin conduct a professional investigation. In manipulation of auxiliary storage. As and be prepared to use the documen- addition, training programs must con- indicated in figure 3, the source of tation as an investigative aid, in addi- sider these evidence problems: evidence in computer crime schemes tion to being able to decipher job Sources, recognition, obtaining, and involving computer programs may in accounting logs. By its very design and preservation. fact be a source program and a corre- position in the hierarchy of training lev- The first level of training for a sponding object program. The sources els, the comprehensive level training computer crime investigator is the of evidence for computer crime program provides the investigator with awareness level, which addresses the schemes involving auxiliary storage the technical skills to investigate com- least sophisticated computer crime manipulation are found in job account- puter crime schemes ranging from in- schemes. As indicated in figure 3, this ing systems and system documenta- put! output alteration to auxiliary training program will provide the inves- tion. Therefore, this comprehensive storage manipulation. It must also ex- tigator with the technical knowledge to level training program must provide the ceed this level and address the operat- investigate successfully computer investigator with the technical skills to ing system penetration and computer crimes involving input! output alteration communications schemes. and computer operations. The source The third level of training is the of evidence in cases involving " .. and to specialist level. It is the most sophisti- input! output alteration is the source recognize the level of cated training level (and rightfully so) document. In cases where computer technical expertise since it is designed to combat the com- operations are involved, the source of required in a consultant to puter crime schemes involving the pen- evidence is frequently the console log. solve the remaining 7 etration of operating systems and the Since training must involve teaching percent . ..." alteration or interception of computer the investigator how to obtain evi- communications. The sources of evi- dence, this level training must stress dence in these cases are often located terminology, recognition and under- understand the complexities of com- in communication logs, communication standing of source documents, and the puter programs, how to locate the pro- system documentation, or other so- availability of information from console grams, how to distinguish between a phisticated areas. logs. source program and an object pro- Computer crimes perpetrated in The second level of training, the gram, and the importance and function this training level are so sophisticated, comprehensive level, must concen- of each. and the technology used so dynamic trate on computer crime schemes in- The investigator must be able to that it changes almost daily, that only volving computer programs and the obtain various types of documentation practicing, competent computer spe­

Figure 2. The computer crime scheme can be used to Figure 3. Identifying computer crime schemes can guide identify suspects by technical capability. the investigator to sources of evidence, while training programs can focus on recognizing, obtaining, and preserving that evidence.

PERSONNEL CAPABILITIES TRAINING LEVELS SOURCES OF EVIDENCE

SYSTEMS ANALYST COMMUNICATION lOG AND AND PROGRAMMER SPECIALIST DOCUMENTATION

SCHEMES

July 1979 / 11 cialists feel at ease in this area. Rather occurrences of computer crime is Training Programs than design a training program to pro• greatly reduced by the degree of tech• Training can thus be set up in vide the investigator with the highly nical ability required to perpetrate the terms of three levels of sophistication. sophisticated technical skills needed to scheme. The majority of the cases oc• An awareness-type training program, investigate this level computer crime cur in the input/output alteration level, as taught by the Federal Bureau of scheme, another approach is more while very few cases are known to Investigation, lasts 5 days and gives practical. (Even if the investigator were have occurred in crime scheme 6 the investigator the technical skills trained at this level, the technical skills (computer communications). Figure 4 necessary to investigate 58 percent of would be lost or outdated almost im• indicates that 58 percent of the detect• the cases (as indicated in figure 4). mediately due to the rapidly changing ed computer crimes occur in schemes Although this is the level of the majority technology and the investigator's in• 1 and 2, input/ output alteration and of the crimes, monetary losses are fre• ability to devote full time to this field.) computer operation, respectively; 35 quently insignificant or negligible. During the comprehensive level train• percent of the cases occur in crime Quality cases or crimes involving ing program, the investigator can be schemes 3 and 4, computer programs large and significant monetary losses made aware of the type of computer and the manipulation of auxiliary stor• appear to be occurring in training level specialist needed to assist and consult age; and 7 percent of the cases are in 2, which is a comprehensive training in the various schemes being perpe• schemes 5 and 6, operating system level. The FBI's comprehensive level trated at the specialist level, as well as penetration and computer communica• training program lasts 4 weeks. The the sources of evidence. In this man• tions. This distribution of cases mani• investigators who complete this train• ner, the investigator can maintain con• fests the types of training programs ing program are then given refresher trol over the case and direct the needed. training approximately every 18 activities of the computer specialist. Of these schemes, computer pro• months to maintain and update their To determine the number of per• graming appears to be the fastest technical skills. sonnel to commit to such training, growing scheme and is taking on a Through training in the awareness knowledge of the distribution of cases new look. In the early stages of re• and comprehensive levels, 93 percent and the length of such training pro• search, it was found that legitimate of the computer crime cases can be grams is necessary. computer programs were often later successfully, competently, and profes• altered to commit a crime. More re• sionally investigated (as indicated in Distribution of Cases cently detected, entire computer pro• figure 4). Research conducted at the FBI grams are being prepared for no other Those few investigators receiving Academy indicates that the number of purpose than to commit a crime. the comprehensive training are also taught to recognize the crime schemes Figure 4. Investigators can be trained to investigate sue· being perpetrated at the specialist lev• cessfully 93 percent of all computer crimes, while maintaining professional control over the remaining 7 el. This training provides the investiga• percent. tor with the technical skills to maintain control over and direct the investiga• PERCENT OF CASES tion, using the consulting services and assistance of a computer specialist. Training programs for investiga• tors of computer crimes must be care• SPECIALIST 7% fully designed and administered to provide the investigator with the tech• nical skills to investigate computer crimes professionally without making him or her a computer specialist. lBI

Footnotes , Congressional Record Proceedings and Debates of the 96th Congress, 1st sess.• Vol. 125, No. 7. January 25, 1979, p. S 726.

12 I FBI Law Enforcement Bulletin Nonverbal Behavior I. in the Training Environment

By ANCIL B. SPARKS AND LAWRENCE W. LEVINE Special Agents Education and Communication Arts Unit FB/Academy Quantico, Va.

The instructor entered the class wearing a three·piece, gray pinstriped suit. He positioned himself behind the lectern, adjusted his glasses, opened his book, and began to lecture to the class. He maintained a minimum of eye contact with us. His face was expres· sionless, and he did not move from behind his lectern. His Academy em· blem loomed large. I knew he was cold, aloof, formal, disinterested, and maybe even inse· cure. I began to feel uncomfortable. He must have felt the same way. Although his verbal message was clear, concise, logical, and interesting, I began to wish he would smile, nod, or raise an eye· brow. The instructor described above Formal appearance created a distinct impression in the Informal appearance mind of one of his students. The im· pression was an initial impression which mayor may not be accurate. It was an impression which mayor may not have been created intentionally. The impression was created as a result of the student's evaluation of the

July 1979 / 13

293-444 0 - 79 - 2 instructor's verbal message and non• Although we can manipulate and another are most in focus and which verbal behaviors. disguise our verbal messages at will, allows feedback from the eyes and Was this instructor effective? our bodies are predisposed to convey face of another. This distance is re• While not recommending a particular only the true meaning of our expres• served for personal conversations with teaching style, we hope to make the sions. When verbal and nonverbal friends. 9 instructor sensitive to and aware of his messages conflict, the listener invari• The instructor who remains behind nonverbal behavior before the class. ably relies on the nonverbal,' we trust the lectern during the course of his This is an important first step in estab• actions more than words. 5 entire lecture will create a mood of lishing effective communication. "Nonverbal behavior is a lan• deference and authority. He is not al• As instructors or public speakers, guage," says Knapp. The verbal lan• lowing himself the benefit derived from we need to be aware of the fact that guage is conscious-the nonverbal is more personal interaction with the stu• we are communicating before we open unconscious; the verbal describes dents and the necessary nonverbal our mouths to speak. We are constant• emotion-the nonverbal expresses feedback he should have to interpret ly creating impressions we mayor may emotion; the verbal is rational-the properly the mood of the class. Em• not wish to create and which we may ploying the nonverbal area of proxe• or may not be aware of. mics can enhance the instructor's Physical appearance, dress, cloth• "As instructors or public ability to generate class participation, ing color, facial expressions, gestures, speakers, we need to be control the attention of the class, pre• tone of voice, and personal distancing aware of the fact that we vent discipline problems, and create a are but a few of the areas of nonverbal less formal learning environment. Stu• behavior which affect verbal messages are communicating before dents will get the impression that an they accompany. These behaviors may we open our mouths to instructor is more interested in and modify the verbal message by reinforc• speak." concerned for them if the instructor ing or contradicting it. decreases the interpersonal distance. Students may receive nonverbal The instructor's smiles, nods, frowns, nonverbal is subjective and intellectual. 6 messages and react to them without This unconscious nonverbal language and gestures supplement his proxemic being aware of their reaction. They consists of numerous areas of behav• behavior and increase his impact on may attach incorrect meanings to ior which, taken in totality and added to the class. !O words we use and may also attach the conscious verbal message, affect Physical Appearance and Clothing incorrect meanings to nonverbal cues the instructor's effectiveness in com• and react inappropriately.! municating his or her ideas. "Clothes may encourage or dis• One expert in the field of commu• courage patterns of communication." 11 nication has described communication Proxemics "We do know, however, that appear• as "all of human behavior." In this Proxemics is often described as ance and dress are part of the total light, we are actually saying that we body space or personal distancing. It nonverbal stimuli which influence inter• 2 cannot not communicate. Any of our refers to space relationships between personal responses and under some behavior that is perceived and inter• people interacting with others. Edward conditions they are the primary deter• preted by someone else is communica• T. Hall in The Hidden Dimension de• miners of such responses."!2 These tion. The instructor is constantly scribes four categories of informal words from Knapp underscore the im• communicating, even if he does not space as a message system-intimate, portance of the nonverbal impact of intend to communicate or is not aware personal, social, and public. 7 Consider personal physical appearance and that he is communicating. the categories of personal and public dress upon the communicative proc• Mark Knapp, author of Nonverbal space. ess. Communication in Human Interaction, Public distance ranges from 12 Leonard Blickman has written that broadly describes nonverbal communi• feet to infinity or beyond the range of clothing gives cues to our social status cation as applying to those events in human hearing or visibility. It is the and occupation and".. . are important which words are neither spoken nor distance generally reserved for lec• determinants of one person's reaction 3 written. Eisenberg and Smith in Non• tures, conferences, and meetings. 8 to another. Your clothes talk before verbal Communication discuss nonver• Personal distance ranges from a you open your mouth." 13 Observation bal communication in terms of "mes• distance of 18 inches out to approxi• of an individual's appearance has the sages without words." 4 mately 4 feet. It is the distance within effect of communicating a whole com• Management consultant Stan Her• which the physical characteristics of plex of information pertaining to the man, in the film entitled "Communica• person's character, position, and sta• tion: the Nonverbal Agenda," makes tus in life. !4 the following observations:

14 I FB I Law Enforcement Bulletin Roach and Eicher in The Visible nonverbal cues to see if they comple- Horn, Marilyn J., The Second Skin: An Self report that dress is related to sub- ment, substitute for, accent, or contra- Interdisciplinary Study of Clothing. jective states called moods. An individ- dict what we say. They pass judgment, New York: Haughton Mifflin Com- ual's dress may create mood, maintain correctly or incorrectly, on what the pany, 1968. mood, indicate mood change, or dis- instructor's unconscious language is Kelly, J., "Dress as Nonverbal Commu- guise mood. Individuals react to people saying. The law enforcement student is nication." (Paper presented to the they do not know according to how extremely sensitive to nonverbal com- Annual Conference of American they interpret their appearance. 15 munication due to the nature of his Association for Public Opinion Re- Each of us has little control over daily job performance; therefore, it is search), May 1969. many aspects of our physical appear- incumbent upon the trainer to be aware Knapp, Mark L. , Nonverbal Communi- ance. We either have hair or we don't; of the unconscious language. cation in Human Interaction. New we look good wearing a mustache or York: Holt, Rinehart, and Winston, we don't; we are tall or we are not. 1978. Even though physical appearance has "One expert in the field of Malooy, John T. , Dress for Success. no necessary relation to competence communication has New York: Warner Books, 197[. or effectiveness in the classroom, in- described communication Mehrabian, Albert., Nonverbal Commu- structors should be tuned­in to the var- as 'all of human behavior.' nication. Chicago: Aldine Publish- iables of appearance, which they can In this light, we are actually ing Company, 1972. manipulate to make an impression, saying that we cannot not Roach, Mary Ellen, and Joanne B. create a certain mood, or project a communicate." Eicher, The Visible Self: Perspec- particular image. 16 Custom, tradition, or tives on Dress. Englewood Cliffs, regulations often dictate the appropri- N.J.: Prentice­Hall, Inc., 1973. ate attire for the instructor; however, it For the reader interested in further Rosenfeld, Lawrence B., and Jean M. should be pOinted out that a formal information on this subject, the follow- Civikly, With Words Unspoken: appearance may serve to create a for- ing would be of use: The Nonverbal Experience. New mal classroom atmosphere. York: Holt, Rinehart, and Winston, Berscheid, E., E. Walster, and G. 1976. Bohrnstedt, "The Happy American Conclusion Smith, Dennis R., and L. Keith William- Body, A Survey Report," Psychol- son, Interpersonal Communica- Dr. Albert Mehrabian, research ogy Today, 7, (1973). tion: Roles, Rules, Strategies, and psychologist, describes three dimen- Blickman, Leonard, "Social Roles and Games. Dubuque, Iowa: W. C. sions of any communicated message Uniforms: Clothes Make the Per- Brown Co., 1977. I'BI as verbal, vocal, and facial. He subdi- son," Psychology Today, (April vides the total impact of the message 1974). Footnotes as follows: 7 percent verbal and 93 Cortes, J. B., and F. M. Gatti, "Phy- , Gary Cronkhite, Public Speaking and Crilical percent nonverbal (38 percent vocal- Lislening (Menlo Park, Calif.: The Benjamin/Cummings sique and Self­Description of Tem- Publishing Company, Inc., 1978), p. 281 . pitch, stress, tone,. length, and frequen- perament," Journal of Consulting , Dennis R. Smith and L. Keith Williamson, Interpersonal Communicalion: Roles, Rules, Siralegies, cy of pauses and 55 percent facial). 17 Psychology, 29 (1965). and Games (Dubuque, Iowa: W. C. Brown Co., 1977), p. Whether we agree or disagree with Dr. Cronkhite, Gary, Public Speaking and 61 . Mehrabian's startling percentages, it is , Lawrence B. Rosenfeld and Jean M. Civikly, W,lh Critical Listening. Menlo Park, Words Unspoken: The Nonverbal Experience (New York: generally held that over 60 percent of Holt, Rinehart, and Winston, 1976), p. 10. Calif.: The Benjamin/Cummings 'Ibid. the impact or meaning of a communi- Publishing Company, Inc., 1978. • "Communication: The Nonverbal Agenda." 30 cated message does reside in the non- minutes, sound, color, 16mm (New York: McGraw­Hili "Communication: Nonverbal Agenda." Films), 1975. verbal behavior accompanying the oral 30 minutes, Sound, Color, 16mm. • Rosenfeld and Civikly, p. 9. message. 'Ibid., pp. 107­122. New York, N.Y.: McGraw­Hili 'Ibid. Tones of voice and facial gestures 'Ibid. Films, 1975. ,. Cronkhite, p. 287. display our true feelings. Through them Eisenberg, Abne M., Living Communi- " Mark L. Knapp, Nonverbal Communicalion in the instructor expresses such emotion- Human Inleraclion (New York: Holt, Rinehart, and cation. Englewood Cliffs, N.J.: Winston, 1972), p. 84. al states as confidence, interest, sin- Prentice Hall, Inc., 1975. "Ibid., pp. 85­86. cerity, caring, disgust, or apprehension. " Leonard Blickman, "Social Roles and Uniforms: Eisenberg, Abne, and Ralph R. Smith, Clothes Make the Person," Psychology Today, April 1974, Students are constantly reading our Jr., Nonverbal Communication. In- pp. 49­51. 14/bid. dianapolis: Bobbs­Merrill, 1971. " Mary Ellen Roach and Joanne B. Eicher, The The Silent Language. Visible Sell' Perspeclives on Dress (Englewood Cliffs, N.J.: Hall, Edward T., Prentice Hall, Inc., 1973), pp. 164­174. Garden City, N.Y.: Doubleday and "Cronkhile, pp. 282­283. ""Communication: The Nonverbal Agenda." Company, Inc., 1973. Instructor's Guide, p. 4. Hall, Edward T., The Hidden Dimen- sion. Garden City, N.Y.: Doubleday and ~ompany, Inc., 1969.

July 1979 / 15 Legal Training in the FBI

By DONALD J. McLAUGHLIN Mapp, Gideon, Miranda, Terry, describes the formal legal training pro• Chime/. Ask any law enforcement offi• Special Agent gram offered recently appointed FBI Lega//nstruction Unit cer what those names mean and Agents and their more experienced as• FB/Academy chances are he will recite a series of sociates in the 59 Bureau field offices throughout the country. The descrip• Quantico, Va. rules that govern the conduct of crimi• nal investigations. He is also likely to tion is offered with the thought that observe plaintively that in the past 20 State and local law enforcement agen• years, the officer has been required to cies might be interested in how the FBI become a legal scholar in addition to conducts legal training for its own his other roles-that of enforcer, nego• Agents. tiator, confessor, psychologist, and marriage counselor. Although this may New Agent Training be an overstatement, it is apparent that Newly appointed Agents undergo changes in constitutional criminal pro• an arduous 15-week, 596-hour pro• cedure, crafted by the Supreme Court gram of academic, physical, and fire• and embellished by lower court deci• arms 'training. Academic training sions and departmental regulations, consists of 405 classroom hours, of have imposed a heavy burden on an which 178 are devoted to the study of officer to know the law. His failure to constitutional, procedural, and sub• adhere to these changing rules can stantive law. seriously jeopardize criminal prosecu• The study of constitutional and tions. procedural law is composed of 69 There is another factor underscor• class hours and is divided into three ing the need for an officer to know the phases. At the conclusion of each, a law. Since the middle 1960's, Federal written examination is administered. and State courts have witnessed an Classes are generally taught in seg• explosion of civil suits in which, unfor• ments no longer than 2 hours in dura• tunately, the officer has been the tar• tion. The topics and hours devoted to geted defendant. While most of these each, and in the sequence offered, are actions are resolved ultimately in favor described in figure 1. of the officer, the problems of litiga• Instructors who conduct this legal tion-expense, time, morale, efficien• training for New Agents at the FBI cy-are debilitating to both the officer Academy, Quantico, Va., are graduates and the department. of accredited law schools who serve The most successful defense to as field investigators before returning lawsuits aimed at the officer is proof to the Academy as instructors. During that he complied with the law. More this field experience, each also acts as importantly, his careful, prudent, knowl• a legal adviser for an FBI field office edgeable adherence to legal standards and as a legal instructor for State and may serve, in the first instance, to elim• local police. inate the basis for a civil claim: If understanding the law is so im• portant, where and how does an officer acquire this legal knowledge? How does he remain current? What follows

16 I FBI Law Enforcement Bulletin Materials for instruction in consti- government, and espionage are stud- hostage negotiation, firearms instruc- tutional and criminal procedure consist ied. White­collar crime and organized tion, fingerprint technology, crisis inter- of the U.S. Constitution, the Federal crime receive special emphasis. vention, etc., is offered. Such subjects Rules of Criminal Procedure, the Fed- raise important legal problems relating eral Rules of Evidence, training mono- Inservice Training to criminal procedure and civil liability. graphs, legal articles reprinted from Formal legal instruction does not Accordingly, several hours in each The Legal Digest of the FBI Law En• end with the completion of the New course are set aside for discussion of forcement Bulletin, and a legal hand- Agent training program. Specialized in- legal matters. book containing a summary of service classes are held frequently at In each of the 59 FBI field offices, principles, FBI policy related thereto, the FBI Academy. Intensified training in a legal adviser is appointed to assist and practical guidance in how to con- form to both. In addition, a criminal law Figure 1 New Agent Legal Training casebook is furnished each student. The casebook merits particular at- tention, since it plays a key role in FBI legal instruction. The casebook con- Time Topic Hours sists of 89 court decisions, mainly Week 1, Day 3 Constitution 2 those of the U.S. Supreme Court, edit- Day 4 Constitution, Bill of Rights 2 ed for the classroom use of law en- Day 4 Federal Criminal Law 2 forcement officers. The casebook is Day 5 Federal Rules of Criminal Procedure 2 divided into 13 sections: Probable Week 2, Day 1, 2 Federal Rules of Criminal Procedure 7 Cause, Affidavits and Complaints, In- 4, 5 vestigative Detention, Search of Per- Day 5 Juvenile Delinquency Act 1 sons, Search of Premises, Search of Week 3, Day 2, 3 Federal Rules of Evidence 4 Motor Vehicles, Confessions, Eyewit- Day 4 Legal Examination No. 1 1 ness Identification, Electronic Intercep- tion, Civil Liability, Informants, Subtotal 21 Entrapment, and the Exclusionary Week 4, Day 1 Case Method of Study Rule. Day 1 Agent's Arrest Authority In the area of constitutional and Day 2 Exclusionary, Derivative Evidence Rules procedural law, a modified case meth- Day 2 Probable Cause Standard 1 . od of instruction is used for New Agent Day 3 Probable Cause­Arrest Without Warrant 2 training. The students are required Day 4 Probable Cause­Complaint Preparation 2 through homework assignments to Day 5 Probable Cause for Search­Affidavit Preparation 2 analyze court decisions of particular Week 5, Day 2 Probable Cause for Search­Affidavit Preparation 1 concern to law enforcement, brief the Day 3 Arrest and Search Warrant Execution 1 cases, and be prepared to discuss Day 4, 5 Investigative Detention 4 them in class. Outside reading require- Week 6, Day 1 Legal Examination No. 2 ments and practical problems supple- ment classroom instruction. Subtotal 17 Constitutional and procedural law is substantially completed by the 8th Week 6, Day 2 Search of Persons 2 week of training. In the final 7 weeks of Day 3, 5 Warrantless Search of Premises 4 the New Agent course, 109 hours are Week 7, Day 1 Search of Vehicles 2 devoted to the study of substantive Day 2, 4 Confessions and Interrogation 4 criminal violations. Experts in the field Day 5 Electronic Surveillance 2 of Federal criminal violations within the Week 8, Day 1 Civil and Criminal Liability 2 Day 2 Eyewitness Identification 2 primary investigative jurisdiction of Day 3 Entrapment and Informants 1 the FBI offer presentations designed to acquaint New Agents with information Day 4 Legal Examination No. 3 1 concerning those crimes­the ele- Subtotal 20 ments of the statutes, investigative ap- proaches, and FBI policies and Week 13, Day 1 Testifying in Court 3 procedures. Crimes such as bank em- Week 15, Day 4 Moot Court 8 bezzlement, theft from interstate ship- Subtotal 11 ment, kidnaping, fraud against the Total Hours 69

July 1979 I 17 the Special Agent in Charge and the is set aside for educational training• of time before a particular squad within other Agents assigned to that office. public speaking, lesson plans, use of the squad's office space. In short, both Legal advisers are Special Agents who training aids, etc. Practice teaching is in terms of form and substance, the are graduates of accredited law required of each attendee. field office is given considerable flexi• schools. They are experienced investi• Advice or instruction of a legal bility. The purpose is to make the pro• gators whose role in the field office is adviser is valuable only if timely. Rec• gram interesting, while at the same to offer advice to fellow Agents regard• ognizing the need to keep legal advis• time addressing problems peculiar to ing arrest problems, search and sei• ers current, refresher inservices are each field office. zure, the preparation of affidavits, etc. conducted twice yearly. The refreshers The availability of this legal resource is offer a 4V2-day, concentrated presen• Conclusion intended to assure that investigations tation of recent legal developments, an Public confidence in any law en• conducted by the FBI conform to the analysis of relevant FBI policy, and a forcement agency can be measured by letter and the spirit of the law. discussion of trends in the law. In addi• the degree of citizen cooperation it Field legal advisers qualify for the tion, the refresher provides an opportu• generates. This cooperation in turn de• position by completion of a 3-week nity for field office input into decisions pends upon the perception citizens specialized inservice class offered at regarding FBI policy. have of the agency. Where people ob• the FBI Academy. The school is con• serve a law enforcement organization ducted by the same instructors who conSistently operating outside the law, handle New Agent training, supple• Field Office Legal Training its reputation and effectiveness are se• mented by outside speakers, including The target of law enforcement verely, if not irreparably, damaged. The professors from the University of Vir• agency legal training should be the message is clear. There is room for ginia Law School. It has two main ob• officer in the street, the field investiga• error, but only for good-faith mistakes jectives: tor. With this in mind, the FBI has of judgment. There is no room for inter• 1. To reacquaint the student with mandated a formal training program for national disregard of standards estab• the fundamental legal principles that each of its field offices. It requires 16 lished by courts and legislatures. control FBI investigations; and hours of legal instruction for each Legal training in the FBI seeks to 2. To update the student on recent Agent annually. The program is con• provide Agents with the knowledge to developments in the law. ducted by the field legal advisers, with make the difficult, day-to-day decisions Accomplishment of these objectives occasional appearances by magis• required of all enforcement officers. serves to prepare the person attending trates, prosecutors, and others con• Equally important, it assures that to function as a field legal adviser and nected with the criminal justice system. Agents will remain current in a field as an instructor in legal matters. The following topics must be cov• that is complex and changing. rBI The legal inservice course is de• ered in the annual training sessions: signed for Agent-attorneys, and is thus Arrest, Probable Cause, Investigative broader in scope and greater in depth Detention, Search of Persons and than New Agent legal training. The Premises, Affidavits and Complaints, school consists of 75 classroom hours, Search of Motor Vehicles, Interroga• supplemented by 40 hours of research tion and Confessions, Eyewitness in the law libr~ry . In addition to the Identification, Electronic Interception, subjects mentioned above in connec• Civil Liability, Informants, Entrapment, tion with New Agents training, legal Juveniles, Federal Rules of Criminal inservice attendees study such topics Procedure, and the Law of Evidence. as the First Amendment, Juvenile The time allocated to each topic is Rights, the Rule of the Supreme Court, left to the discretion of the field office. the Freedom of Information and Priva• Thus, when an office is having particu• cy Acts, and Problems of Police Ad• lar difficulty with preparing affidavits or ministration. handling juveniles, more time can be Since those attending the legal devoted to these subjects than to oth• inservice course will, upon completion, ers, such as investigative detention or conduct formal instruction of FBI interrogation. Moreover, the training Agents and local law enforcement offi• may be scheduled for a full day in an cers in legal matters, part of the course auditorium before all Agents assigned to the field office, or for a lesser period

18 I FBI law Enforcement Bulletin "No Comment... " Law Enforcement and the Media

By CHARLES W. STEINMETZ Special Agent Education and Communication Arts Unit FBI Academy, Quantico, Va.

"If a vacuum exists in popular Madison lecture at New York Universi• While the release of information opinion, ignorant and foolish views will ty Law School that "the First Amend• for the purpose of influencing a trial is, fill the vacuum. No time must be lost in ment is basically aimed at regulating of course, always improper, there are providing accurate facts and sound the process of exchanging ideas and valid reasons for making available to ideas. " forming opinions; in a word, at facilitat• the public information about the admin- Alexander Hamilton ing the freest possible use of channels istration of the law. The task of striking In light of the recent commen• of communication consistent with pub• a fair balance between the protection taries by law enforcement executives lic order and safety." 1 This is the foun• of individuals accused of crime or throughout the country that advocate a dation of the first amendment, the involved in civil proceedings with the candid and honest dialogue with all concept "that government shall not Government and public understanding facets of the news media, the title of impede the flow of ideas; in addition, of the problems of controlling crime this article seems to be an archaic there's a positive aspect in that gov• and administering government de- statement reminiscent of the censor• ernment can and should use its power pends largely on the exercise ofsound ship of both World Wars and even the to ensure a free press toward the goal judgment by those responsible for period of civil disorders of the 1960's. of providing the widest possible dis• administering the law and by repre- Regardless of our meaningful media semination of information from diverse sentatives of the press and other policies and our sincere desire to have and antagonistic sources." 2 media. a legitimate and complementary rap• The title, "No Comment," is, of The important concept for law port with the media, these desires and course, symbolic and is meant to point enforcement executives is "sound policies occasionally remain unheeded out that a thoughtful media policy and judgment." There are very few situa• in the heat of-serious cases or disturb• training for law enforcement repre• tions which require the finality of a "no ances within our communities. sentatives is now necessary in this age comment." If we realize the necessity Those are exactly the instances of mass communication, whether it be to society of a complementary relation• when a sound media policy, the pres• electronic or printed. Certainly there ship between the media and law ence of qualified media representa• are restrictions that have been pro• enforcement, it would be unlikely that a tives of a department or agency, and vided by various agencies. The U.S. news reporter would be turned away total familiarity with media policy by all Department of Justice in Title 28, Code with a terse "no comment." As stated department members is most impor• of Federal Regulations, Section 50.2 by Frank P. Hayward of the New tant. A part-time media policy which is (1978) stipulates procedures which are Orleans, La., Department of Police, invoked at the convenience of the intended to promote accuracy and fair• "Public information should be distin• department is not satisfactory in deal• ness in the release of information. guished by its candor and complete• ing with the public's right to know. A Under the release of information guide• ness. There is a growing awareness free press fulfills an essential role in lines, the Department of Justice states among law enforcement personnel of our democratic society. Irving R. Kauf• that: the need for active public information man, Chief Judge of the U.S. Court of programs and the important role the Appeals, Second Judicial Circuit, com• news media can play in fulfilling this mented at the 11 th Annual James objective." 3

July 1979 / 19 A Definition: Public Information v. open policy is most desirable in a pub• peaceably to assemble, and to petition Public Relations lic service agency that aspires to pro• the government for a redress of griev• It is important to make the distinc• fessional status. E. M. Davis, former ances. tion between public information and Chief of the Los Angeles Police De• This established the right of the public relations. From a managerial partment, succinctly put it when he public to know and to be informed. It standpoint, public relations "is the advised that "a police department must be recognized that these Govern• management function which evaluates should have nothing to hide. It should ment decrees are not self-explanatory public attitudes, identifies the policies accept the news media as its best and or self-executing and the word and procedures of an organization with welcome witness. Its sworn personnel "press," for example, meant literally the public interest, and executes a should never cease to invite the scruti• the printed newspaper. There was no program of action (and communica• ny of the news media and community concept of electronic mass communi• tion) to earn public understanding and alike." 7 Our basic responsibility as far cation as we know it today. But the acceptance." 4 Mike Brake, a police as media relations is concerned is that press originally was a medium for the reporter for the Oklahoma Journal in lawful information should be provided. transmission of information, just as Oklahoma City, Okla., speaks of a pub• mass media is today. 8 lic information officer as one who "acts In retrospect, the debate over as a liaison between the agency and its "'Mutual understanding freedom of the press and persuasive administration and the media, and . . . is clearly in the best impact of news was clearly recognized hopefully creates goodwill and positive interests of both the police by the British prior to the American publicity that enhances the agency's and the press, and of the Revolution. "It is significant that the image and contributes to public sup• public that is ultimately Stamp Act of 1765 alienated two very port." 5 Gerald Lipson and George served by both'." influential groups-the lawyers and the Kroloff summarize the objectives of journalists. The new law placed a public relations which, "simply put, is heavy duty on paper used in publishing creating an appropriate climate in a Whether or not the reporting of this newspapers. There was also a heavy community so the goals and programs information enhances our public image tax on all legal documents. Thus, the of your employer or your organization is not a matter to be overly concerned lawyer, who swayed people by the are understood, accepted, and, hope• with, if we are sincere in our interest in spoken word, and the journalist, who fully, supported." 6 pursuing a policy of forthrightness and had an even wider influence through The foregoing are good substan• honesty with society. the written word, were both turned tial definitions of "public relations." against those who favored the unpopu• Historical-Legal Implications However, it is imperative that a fine line lar act." 9 of distinction be drawn to separate When this Nation was being These conflicts are the underlying what might be a policy of obtaining formed as a democratic republic, the basis for much of the tension that ex• public support and that of providing the controversy over the inclusion of a Bill ists today in the realm of law enforce• public with information. This is why of Rights in the Constitution prompted ment-media relationships. Our "public information" in law enforce• Alexander Hamilton to say (in the Fed• founding fathers had no way of know• ment cannot always be assumed to be eralist Papers) that we do not know ing the social and technical advances "public relations." All information what liberty of the press really is. He that would be made and therein the provided the media (and, subsequent• asked who could give the definition of arguments over their simple phrase, ly, the public) is not necessarily favora• a free press which did not leave the "freedom of the press." They had no ble to the law enforcement agency. As "utmost latitude for evasion." It must way of anticipating our present day a result, the need to provide public be realized that at that time the press problems. information does not necessarily sup• was, in fact, just that-a printed paper It is sometimes claimed that the port the public relations function. with information in it. The men who first amendment guarantee of freedom If we are to look only toward en• formulated the Bill of Rights finally de• of the press also requires that the hancing our image through public rela• cided upon the following wording for news media have a legal right to obtain tions, what is to prevent us from the first amendment to the Constitu• information. 10 On the basis of U.S. Su• avoiding or altering news issues that tion: preme Court decisions, it appears that could be critical to our operations? All Congress shall make no law re• the Court has declined to interpret the information that is allowed to be publi• specting an establishment ofreligion or first amendment as guaranteeing the cized through the media in accordance prohibiting the free exercise thereof; or news media greater access to informa• with State and local laws and guide• abridging the freedom of speech, or of tion than the general public. As Mr. lines should be made available to the the press; or of the right of the people Justice White wrote in 1972: public. The impact on our public rela• It has generally been held that the tions may be good or bad, but the First Amendment does not gUarantee connecting thread is that a candid and

20 I FBI Law Enforcement Bulletin the press a constitutional right of spe• To date, this has not been done in Obviously, we would be hard- cial access to information not available all law enforcement agencies. Recog- pressed to find an individual who dis- to the public generally. . . . Newsmen nizing that the chief executive in small- played all of these traits. It is reason- have no constitutional right of access er departments may prefer to handle able to assume that each individual to the scenes of crime or disaster the media tasks, there are still many agency would evaluate its own needs when the general public is excluded, shortcomings. It is encouraging to note and select someone to fill their particu- and they may be prohibited from at• that 96 percent of those officers taking lar goals. tending or publishing information about a graduate­level media course at the The media representative program trials if such restrictions are necessary FBI National Academy reported, when of the Federal Bureau of Investigation to assure a defendant a fair trial before surveyed, that their agencies had a was devised in 1975 to enable each of an impartial tribunal. 11 media policy of some type. These poli- its 59 field offices to respond to news In spite of the fact that freedom of cies were by no means all inclusive, inquiries. In keeping with a public infor- speech and press are not absolute, it is but they were an attempt to provide mation policy rather than public rela- imperative that the law enforcement guidelines for their personnel. tions, FBI Director Webster em- agency have a sound media policy and phasizes that he encourages an "open avoid efforts to thwart the legitimate stance" with the media and has tried to gathering and reporting of news. "The advantages of guide the Bureau away from undue As Jerry Wilson, writing in The fostering a candid, sensitivity to media praise or criticism. Police and the Media, notes, "On an open-door policy . . . may The PIO can lift much of the bur- even more fundamental level, police lead to a much more den from the shoulders of an already administrators should be sensitive to fulfilling police-media heavily committed law enforcement ex- the principle that free and open news relationship." ecutive. The corollary duties of such a media are the bulwark of liberty. Al- valuable representative can include though they may be aggravating to all such sophisticated responsibilities as of us at times, it is the free news media Conceivably, a sheriff or chief of organizing and coordinating television more than anything else which pro- police could handle media responsibil- productions for the department. tects Americans from excess of social, ities in his respective department, but it On the other hand, a PIO can economic, and governmental pow- is not likely that this department would merely be a spokesman for his depart- er." 12 Wilson then quotes Thomas have a comprehensive media program. ment. The range of duties the PIO Jefferson's famous letter to Col. Ed- A public information officer (PIO) might be responsible for have been ward Carrington in 1787: or media representative could easily be clearly articulated by others, but a brief The basis of our government be• appointed to handle these duties. It is review might prove to be of assistance. ing the opinion of the people, the very not necessary that this individual be Public information officer duties might first object should be to keep that right; someone with a journalism background include: and were it left for me to decide wheth• or even be a sworn officer­the critical 1. Spokesman for the department, er we should have a government with• element is that he is willing to under- 2. Relations with the media, out newspapers, or newspapers take a challenging and service­orient- 3. Media training for department mem- without a government, I should not ed role for his department. Qualities bers, hesitate a moment to prefer the latter. 13 that students in the FBI National Acad- 4. Development of public service docu- emy have identified as being desirable mentaries, The Law Enforcement Media in a media representative are: 5. Counsel to departmental staff on Representative Experience in law enforcement, media issues, When the National Advisory Com- Civilian professional/ sworn 6. Publication of internal newsletters or mission on Criminal Justice Standards officer, video tape "roll call" commentaries, and Goals addressed the issue of Maturity, 7. Coordination of news media passes, news media relations, they specifically Sensitivity to problems, and called for every police chief to immedi- Willingness to learn, 8. Setting up exchange visits between ately acknowledge in written policy Communicative abilities, law enforcement agency staff and statements the important role of the Ability to establish rapport, media leaders of the community. news media and the need for the po- Loyalty to agency, lice agency to be open in its relations Knowledge of pertinent issues, with the media. In support of this state- Appearance, ment, the commission suggested that Journalistic knowledge, each police agency designate an offi- Positive attitude, cer or unit to maintain regular liaison Flexibility, Personal integrity, and with the media. 14 Initiative.

July 1979 / 21 The PIO can easily become an The first principle that must be news release, then, is that the opening indispensable person to a department, adhered to is that the information that "lead" may consist of several sen- but it would be wise to delineate care- is being released must be written in a tences (not to exceed 25 words in fully that person's duties in order to clear, easy to understand style. It length each), but does not necessarily prevent the PIO from expanding into should be simply organized and the have to include each of the five W's or H. community relations or public relations language should be simple and direct. 16 In a police news report, the single key areas. The PIO is not a community Jo.urnalists may argue about which element might be merely the "who?" relations officer. Mike Brake, writing in particular style may be appropriate for the FBI Law Enforcement Bulletin, rec- which type news, but the PIO must Advantages and Disadvantages of ognizes that the PIO's role is distinct remember that he is not in the busi- the Inverted Pyramid Format and cannot be blended with more tradi- ness of "storytelling"­he is con- For law enforcement purposes, tional police­community relations func- cerned basically with "newstelling."17 the inverted pyramid is a suitable tions, which will only dilute his guide. Journalists, on the other hand, effectiveness as media liaison. 15 The may be more conscious of other meth- PIO's media duties must be clearly ". . . it is imperative that ods of organizing a news story. It is established and adhered to whether recommended that the PIO (or the indi- they are full­ or part­time. A carefully law enforcement agencies vidual preparing news releases) select .selected and informed PIO with a prop- consider the orientation of a type compatible with his organization er attitude and understanding of police- their personnel to the and local media agencies and continue media relations would not be likely to media." to write in that style. The advantages of create animosity by hiding behind the a simply written, explicit news release infamous "no comment" response. outweighs the stinging and lingering The Inverted Pyramid aftermath of a "no comment." Preparing the News Release One of the most convenient forms A major responsibility of the de- of news structure is the inverted pyra- Advantages of the Inverted Pyramid partmental media representative (or mid. This simply is a style that places Format PIO) will be to prepare what is com- facts in diminishing order of impor- 1. Covers essential facts, monly called a "press release." It is tance. The most important facts are on 2. Requires little editing, preferable for law enforcement officials top (or in the beginning) where they will 3. Adjusts to media space consider- to begin to think in terms of a "news" attract attention. The lesser facts are ations, release, "news" conference, and the placed in order of descending impor- 4. Average reader can read article rap- media, instead of the more limited tance so that they will meet the me- idly, and word "press." In fairness to all media dia's demands of space, time, and 5. Important pOints are not left out. representatives, "press" is somewhat editorial operation. 18 Normally, a police limited and specifically refers to news- story will fit neatly into this format and Disadvantages of the Inverted papers. By expanding the term to may be used for issuance to the news- Pyramid Format "news releases" et aI., we afford pro- papers, wire services, or radio and fessional courtesy and include all of television. 1. Anticlimatic in reading, the printed and electronic media. It is suggested then, as principle 2. Top­heavy (too much in lead), Regarding the all­important news number two, that the writer of police 3. Discourages reader interest, release, some guidelines will be of- news adhere to a simple and traditional 4. Not adapted to logical and interest- fered to assist PIO's in their writing format­such as the inverted pyramid. ing order, and responsibility. What might be consid- 5. Old­fashioned. ered a chore can become a much Lead (Opening Sentences) more pleasant duty if some simple prin- It should be noted that the five Inverted Pyramid ciples are followed. W's and H (Who, What, Where, When, Summary Lead (WhO, What, To begin with, most PIO's are Why, and How) might be difficult to Where, When, Why, How?) sworn policemen and are not neces- place in the lead or opening of a news sarily journalists. A PIO might have had release. This could make the story un- the opportunity to attend a course or wieldy or anticlimatic, but even more Elaboration of Lead two in the journalism field or he might realistically for the PIO, all of the five even have a media background, but W's and H might not be available for Details placed in that is an exception. Regardless, the publication. An investigation could still order of PIO is responsible for providing infor- be under way or such information descending mation about police activities. might jeopardize the conclusion of a case and cannot be released at the time of writing. Principle three for the writer of the

22 I FBI Law Enforcement Bulletin There is no question that the in- The type of policy regarding re- 2. The reporter must recognize verted pyramid format may be unsuit- lease of information that a department that the selection of news sources and able for certain types of news may wish to follow usually depends on the questions he or she asks will not reporting. Journalists are encouraged how much information the department only affect the story itself but may also to be original and to get away from head is willing to let his officers re- shape the outcome of the issue being routine styles of writing. This can be lease. Considering the high level of reported. 20 entertaining to a media­oriented soci- police education and the desire to rein- Hopefully, we realize the mutual ety. It is obvious, though, that a news force individual initiative, it would prob- benefits to the law enforcement agen- release by a law enforcement agency ably be detrimental to morale and cy and the media when relations be- must abide by restrictions and laws. In performance to insisit upon a closed tween the two are characterized by that respect, the inverted pyramid can mouth or "no comment" policy. Wilson candor, cooperation, and mutual re- be a stable guide and a useful tool for identifies a second type of policy that spect. As eloquently stated by journal- the law enforcement information offi- states it is permissible to give out infor- ist David Shaw, the major point raised cer. mation so long as it does not embar- by police and reporters alike in dis- To avoid confusion of styles and rass the department. Another policy cussing police­press relations is the rules, the PIO might consider the fol- allows only those in the command and need for each side to try to get to know lowing passage from Alice in Wonder- staff structure to give out information. the other, to try to understand the func- land, which has been called the Again, based on the intelligence of law tion­and problems­of the other. greatest rule in writing yet set forth: enforcement personnel today and the "Mutual understanding, it is generally The White Rabbit put on his spec- need to inspire trust and loyalty, it agreed, is clearly in the best interests tacles. "Where shall I begin, please would be a sensible procedure to allow of both the police and the press, and of Your Majesty?" he asked. "Begin at any member of a department to speak the public that is ultimately served by the beginning," the King said very about a matter in which he might be both." 21 1BI gravely, "and go on till you come to the involved. This type of policy requires end.' then stop. " 19 guidance and support by the chief ex- Footnotes , Irving Kaufman, " The Medium, the Message and the ecutive. It also may create difficulty, First Amendment," New York University Lsw Review, Vol. Media Training for the Law Enforce• should an individual comment errone- 45, No. 4, October 1970, pp. 783­84. ment Agency ' William E. Francois, Msss Medis LswsndRegulstion ously. The advantages of fostering a (Columbus, Ohio: Grid, Inc., 1975), p. 19. In this age of instant communica- candid, open­door policy, however, • Sgt. Frank P. Hayward, " Developing the Public Information Function," FBI Law Enforcemenl Bullelin, tion, it is imperative that law enforce- may lead to a much more fulfilling po- (February 1975) p. 13. • Raymond Simon, Public Relslions: Concepls snd ment agencies consider the orientation lice­media relationship. Prsclioe (Columbus, Ohio: Grid Inc., 1976), p. 4. of their personnel to the media. It may • Mike Brake, " Establishing a Public Information Conclusion Office," FBI Law Enforcemenl Bullelin (October 1978), be advantageous to have the training p. 23. officer, in conjunction with the PIO, This article has tried to be descrip- ' Gerald Lipson and George Kroloff, Underslsnding Ihe News Medis snd Public Relslions in Wsshinglon offer a brief period of instruction to tive (Historical­Legal Implications), pre- (Washington, D.C., The Washington Information Group, individuals within a department. Hope- scriptive (Media Training), theoretical 1977), p. 37. ' E. M. Davis, A Press Relslions Guide for Pesce fully, all personnel would be apprised (Public Information v. Public Relations), OfflC6fS, Report by the 1970­71 Public Relations and and and pragmatic (Preparing the News Mass Communications Committee of the International of the departmental media policy Association of Chiefs of Police (IACP). the chief's position in regard to public Release). But this survey would not be ' William E. Francois, Introduction to Msss complete if it were meant only for the Communicalions snd Msss Medis (Columbus, Ohio: Grid, information, discuss any applicable Inc. , 1977), p. 6 laws, and perhaps participate in a eyes of the law enforcement repre- • Edwin Emery and Michael Emery, Ths Press snd sentative. It is intended both for the Ameries (Englewood Cliffs, N.J.: Prentice­Hall, Inc., 1978), group conference with a member of p. 52. the working media. media and law enforcement as one "Jerry V. Wilson and Paul Q. Fuqua, The Police snd Ihs Medis (Boston: Little, Brown and Company, 1975), Each person in a law enforcement interpretation of the state of the art. p. 16. Although most of the commentary has "Houchinsv. KQEo, 571. Ed. 2d 553 (1978). agency may face the distinct possibility .. Wilson and Fuqua, Ths Police snd Ihs Medis, p. 18. of an impromptu media conference at been directed at the law enforcement " Ibid . agency, there are insights for media .. The Police, National Advisory Commission on the scene of a crime or other violation. Criminal Justice Standards and Goals (Washington, D.C., It would pay dividends to let depart- professionals. A comment which may 1973), p. 44. address an area of concern for both I. Brake, " Establishing a Public Information Office," ment members know what is and is not p.23. expected of them. Although a training groups is the challenge by Herbert II John Hohenberg, Ths Professionsl Journalist (New York: Holt, Rinehart and Winson, Inc., 1969), p. 73. session might be brief, the topic of Strentz, professor of journalism at n Louis M. Lyons, Reporting Ihe News (Cambridge: media relations should be included in Drake University: Harvard University Press, 1965), p. 282. IIJohn Hohenberg, The Professionsl Journslisl, basic recruit training and any inservice 1. The reporter must resist tempta- p. 111 . tions to become part of news events .. Lewis Carroll, Alice in Wonderlsnd, quoted in Louis courses that a department may be of- M. Lyons, Reporting Ihe News, p. 280. fering. himself or herself at the expense of ..Herbert Slrentz, News Reporters snd News responsibility to the news audience. Sources (Ames, Iowa: Iowa State University Press, 1978), p. 10. 11 David Shaw, Journslism Todey (New York: Harper's College Press, 197n, p. 71 .

July 1979 / 23 THE FBI ACADEMY

By KENNETH E. JOSEPH, Ph. D. Assistant Director AND JAMES A. O'CONNOR, Ph. D. Academic Dean

Special Agents Training Division FBI Academy Quantico, Va.

This title is not meant to conjure up Orwellian overtones guesses about where we appear to be going in the future. in the minds of readers, but to identify our purpose, to Therefore, any prediction of what the FBI Academy's role in comment on the short-term future of the FBI Academy. law enforcement education and training will be in 1984 must Where will we be 5 years from now? Speculating about begin with a review of the evolution of programs since its the future, even the not-too-distant future, in a field as doors opened in 1972. Moreover, the fact that since 1935, dynamic as law enforcement education and training is a the cornerstone of FBI training assistance to local law difficult task. As Harvard scholar James Q. Wilson, in a enforcement has been the National Academy Program paper entitled "The Future Policeman," cogently noted, "As should also be borne in mind. with most weighty matters one here is confronted with Since its first session convened on July 29, 1935, the contradictory aphorisms: If one philosopher could say that curriculum of the National Academy Program has changed 'all is flux' another could respond 'plus ca change, plus c'est to meet the needs of its law enforcement student body. la meme chose'." (the more things change, the more they Interestingly enough the curriculum changed slowly over the are the same.) 1 first 37 years and then expanded horizontally with the In attempting to predict the future of the Academy, one introduction of an elective system in the latter part of 1972, must bear in mind that the past is indeed prologue and that and vertically with the introduction of graduate Courses in change has been the keynote of the 70's. Consequently, 1974. one must examine the past and focus particularly on recent change to understand where we have been over the past few years and in order to make educated projections or

24 I FBI Law Enforcement Bulletin The FBI Academy

In 1972, the FBI Academy and the University of Virginia, wherever it may lead, nor to tolerate any error so long as after conducting a comprehensive 2-year affiliation and reason is free to combat it." 3 His commitment to the quest accreditation study, formally joined as partners in the quest for truth, as well as his utilitarian view toward education, for police professionalization. This affiliation added a new makes him and the institution he founded 'a fitting model and dimension to the Academy and acted as a catalyst in partner for the FBI Academy. making it a bonafide professional school where the theoreti• In 1972, the National Academy Program expanded from cal knowledge of scholars and the practical experience of a limited required curriculum offered to 200 officers per year veteran law enforcement officers, managers, and adminis• in two 100-student sessions to an expanded curriculum trators are blended into all course offerings. offered to 1,000 officers per year in four 250-student ses• The University of Virginia was an ideal choice for sions. The curriculum that began to emerge in 1972 repre• affiliation. It was founded by Thomas Jefferson, third Presi• sented a shift from emphasis on nuts-and-bolts, how-to-do-it dent of the United States and author of the Declaration of vocational skills courses which dominated in 1935 to an in• Independence, and is identified by some authorities on the depth view of academic disciplines providing insights for the history of higher education in the United States as " . .. police manager functioning in a complex industrial, primarily Ameri.ca's first real state university." 2 urban society. Jefferson's philosophy of education is perhaps best When the first National Academy class to occupy the summed up in a letter which he wrote to William Roscoe on new FBI Academy met, the academic curriculum consisted December 27, 1820, about the University of Virginia, " This institution will be based on the illimitable freedom of the human mind. For here we are not afraid to follow truth

July 1979 I 25 "'For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is free to combat it'."-Thomas Jefferson of five courses: Behavioral science, education, forensic A review of specialized police training programs offered science, law, and management science. Academy and uni• at the Academy tends to mirror the difficult times America versity personnel were aware that additional courses in has experienced during the last 7 years. To meet training each of the 5 academic disciplines, designed at various needs, the Academy offered major training programs for levels of complexity and sophistication, were needed to local police in SWAT, hostage negotiations, sex crimes, and meet the diverse educational background, professional ex• terrorism. perience, and community law enforcement functions per• What new social crises will require new training pro• formed by students from America's 40,000 law enforcement grams at the Academy? A good prediction is white-collar agencies. New courses were developed in all academic crime. We are just now beginning to understand the depth areas. For the present session (the 117th), students choose and complexity of this problem in our society. As more is from 30 academic courses. Each may earn up to 16 semes• understood about the problem, the more it will become ter hours of undergraduate credit or 9 hours of graduate necessary to train officers to conduct investigations in this credit by successfully completing the course requirements. complicated area. By 1984, the Academy will no doubt have The students attending the National Academy in recent to increase substantially its present course offerings in this sessions have more formal education than their predeces• field. sors. In 1972, there were approximately 20 college gradu• One area of training and research in which one can ates in each class. In 1979, there are more than 80 officers predict an increase without using a crystal ball is forensic with degrees and 140 officers who have had some college science. Early this summer, ground will be broken for a new education. forensic science training and research building at the Acad• Because the students are better educated, it is safe to emy. When it is completed in 1981, it will be the only facility predict that by 1984 the number of graduate courses offered of its kind in the United States. There, laboratory technicians at the Academy will double or triple. Today's strong demand will learn their craft and interns will pursue pure research in for more specialized management courses will no doubt the variety of forensic areas, hoping to gain new information continue. More courses in the area of urban police prob• and techniques in the scientific battle against crime. By lems, media relations, computer-related crimes, and labor 1984, this building will be in full operation and will be making relations will have to be designed and developed to meet significant contributions to the increased professionalism of the existing and future needs. Also, in this period of reduced law enforcement. municipal, State, and Federal budgets, there will be more Looking back to 1972, the Forensic Science Unit at the demand for courses in budgeting and accounting. Academy offered one survey course in the National In 1976, the Academy responded to the need for more Academy curriculum. Today over 40 separate courses are executive management training by establishing the National offered by the unit. The accomplishments which will come Executive Institute (NEI) . This successful program has also from the research programs conducted by laboratory engendered several executive training courses for FBI ex• personnel in this new facility will undoubtedly enhance the ecutives. It has also made the Academy staff aware of a course content of these laboratory training programs. critical need for executive-level training for medium-sized Another area of important change is the Academy's law enforcement agencies throughout the Nation. It is esti- . faculty exchange program. The Academy has begun an mated that there are about 2,000 police executives in the exchange of instructors with the Canadian Police College in Nation who would qualify for this type of training. By 1984, if Ottawa and the Police Staff College, Bramshill, England. the resources of the Academy are not restricted by budget• These exchanges have been beneficial to the instructors ing considerations, we hope that a new executive training involved by broadening their educational experience and by program for mid-sized law enforcement agency executives exposing them to a wide variety of new concepts, ideas, and will be a reality at the Academy. methodologies in training programs. This program of faculty exchange will expand by 1984, hopefully to include ex• changes with State and local police academies. In another area, the Academy staff, particularly its behavioral scientists, have provided significant investigative

26 I FBI Law Enforcement Bulletin Whether or not further expansion of the Academy will be authorized is difficult to predict. One unknown variable will be the condition of the ecomony and the ability of the FBI budget to absorb the cost involved. What is not difficult to predict is the lively debate over the Academy's ultimate destiny. Will it remain essentially as it is today? Will it evolve into an accredited university for law enforcement? Or perhaps, will it become a highly specialized training center for law enforcement specialists? This debate will, and should, occur. From the discussions on the Academy's future will come decisions which will help shape the future direction of law enforcement training for many years to come. In a rather witty article in the October 1978 issue of The Training and Development Journal, Rod Beaulieu wrote that there were only four ways to change an organization: 1. Change the external environment. 2. Change the organizational rules, regulations, or structure.

Kenneth E. Joseph 3. Change the technological processes. 4. Change the attitudes, skills, perceptions, motivation, assistance to FBI field offices and local law enforcement commitment, and desire for excellence of the people who agencies. Academy faculty members have developed work for the organization. 4 expertise in specialized fields, and as such, have become a Beaulieu points out not much can be done about the valuable resource to law enforcement agencies when first three, but much can be done about the fourth. And crimes of a specialized nature occur. The staff offers advice training is the vehicle to change attitudes, skills, and commitments. Our goal at the Academy has always been on multiple homicide and sex crimes, hostage negotiations, the pursuit of excellence in education and training. It was nuclear materials, hypnosis, psycholinguistics, and anti• terrorism strategy. This service will continue an'd expand in that in 1972, is in 1979, and will be in 1984. Our belief is that the future. This increasing service to street Agents and just as an organization can be changed through education police officers is a sign of a healthy educational institution and training so too can a profession, America's law enforce• and an indication that the marriage between the theoretical ment profession. 1BI and the practical is succeeding. One problem does loom on the horizon, however. The Footnotes 'James Q. Wilson, "The Future Policeman," Future Roles of Criminal Justice physical resources of the Academy are strained to the limit. Personnel Position Papers, Project Star: March 2, 1972, p. 1. For the past several years over 9,000 students per year 'John S. Brubacher and Willis Rudy, Higher Education in Transition (New York: Harper and Row, (968), p. 147. have been trained at the Academy in over 100 different 'James B. Conant, Thomas Jefferson and the Development of American Public Education (Berkeley, Calif.: University of California Press, (962). programs. Currently, the Academy's available space is being 'Rod Beaulieu, "Speaking from Experience," Training and Development J~mal used to its maximum. Thus, even though the need and XXXII, Octobar 1978, p. 41 . demand for additional programs increases each year, our facilities do not. In just a few short years, we have come to the pOint where training proposals must be put on a priority basis and only those which address the most urgent needs can be offered. This is healthy as it forces us to keep our programs relevant. But, it also clearly points up the fact that the demand for training is outstripping our capacity to respond.

July 1979 / 27 RBYTHE ~rB1 •~

Pholograph laken 1976.

Craig OUe Description Caution Craig Otte, also known as Clemont Age ...... 53, born August 24, Otte should be considered armed Davis, James Donaldson, Billy King, 1926, New York, and dangerous. James D. King , Jim King, and Bill Otte. N.Y. (not supported by birth records). Notify the FBI Wanted For: Height ...... 5·9". Any person having information Bank Robbery, Conspiracy. Weight ...... 185 pounds. which might assist in locating this fugi- Build ...... Heavy. tive is requested to notify immediately The Crime Hair ...... Brown, thinning. the Director of the Federal Bureau of Craig Otte has been convicted of Eyes ...... Hazel. Investigation, U.S. Department of Jus- theft and is being sought in connection Complexion ...... Ruddy. tice, Washington, D.C., 20535, or the with the armed robberies of two bank- Race ...... white. Special Agent in Charge of the nearest ing institutions, one of which involved Nationality ...... American. FBI field office, the telephone number the kidnaping of a bank official's wife Occupations ...... Business consultant, of which appears on the first page of for nearly $1 .5 million ransom. management most local directories. Federal warrants were issued on consultant. June 6, 1977, at Los Angeles, Calif., Remarks ...... May have worn Classification Data: charging Otte with bank robbery, and mustache in past NCIC Classification: on June 8, 1977, at Las Vegas, Nev., and generally 23571616121363131409 charging him with bank robbery and wears a hair conspiracy. piece; reportedly Fingerprint Classification: is a licensed 23 L 1 RIO 012 private pilot. Social Security M1ROOO No. Used ...... 114­22­7247. FBI No...... 23,483 G.

Left index fingerprint.

28 I FBI Law Enforcement Bulletin

U. S. GOVERNMENT PRINTING OFFICE : 1979 0 ~ 293-444 Change of LAW Address ENFORCEMENT Not an order form BULLETIN

Complete this form and return to: Name

Director Title Federal Bureau of

Investigation Address Washington, D.C. 20535

City State Zip ...... Zipper Screwdriver

Officers of the Douglas County Sheriff's Department Correction Divi• sion, Roseburg, Oreg., discovered that one of their prisoners developed a zip• per tab (see photograph) into a screw• driver. The prisoner first worked the tab loose from the zipper, then ground the opposing pOints by abrasion, resulting in a custom-made screwdriver which could be used to remove the security screws from prison windows. To prevent escape, officers should take special precautions to ensure that zipper tabs are not used. United States Department of Justice Postage and Fees Paid Federal Bureau of Investigation Federal Bureau of Investigation ~ Washington, D.C. 20535 JUS-432 - ~

Official Business Controlled Circulation Rate U.S.MAIL® Penalty for Private Use $300 Address Correction Requested

Interesting Pattern These "before and after" repro- ductions of the same finger illustrate the significant change caused by a scar. Note that the elongated recurves of the whorl on the left, as a result of scarification, have been changed to nearly circular recurves as shown in the impression on the right.