Law Enforcement Bulletin

If you have issues viewing or accessing this file contact us at NCJRS.gov. Q

June 1990

t1!1 I 1t~,1t ,.,tli I

¢t

The Yardies England's Emerging Crime Problem t une ,,0 Volume59 Law Enforcement Bulletin Number 6 k~ Features ]

The Yardies: England's Emerging Crime Problem 1 By Roy A. C. Ram m ;~lL~6q_~ Towing Companies: Friends or Foes? 6 By Michael C. Gillo Facility Planning in Colorado: Form vs, Function 10 By James D. Munger and Edward Spivey I~q-(=~i~,

Records Management in the 1990s 16 By Daniel L. Arkenau ~/oR'-'/ Page 8 21 B,L,O,C,mBusiness Leaders Against Organized Crime By Mike King }~q/~ 26 DNA Testing and the Frye Standard By Robert A. Fiatal /J~f'/~o

I Departments

5 Focus 18 Research Forum t.~#,69"~ 8 Police Practices 23 Major Art Theft Page 26 14 Book Reviews 24 The Bulletin Reports

United States Department of Justice Editor--Stephen D. Gladis Federal Bureau of investigation Managing Editor--Kathryn E. Sulewski Washington, DC 20535 Art Director--John E. Ott Assistant Editor--Alice S. Cole William S. Sessions, Director Production Manager--.Andrew DiRosa StaffAssistant--Carolyn F. Thompson Contributors' opinions and statements should not be considered as an endorse- The FBI Law Enforcement Bulletin ment for any policy, program, or service (ISSN-0014-5688) is published monthly by by the FBI. the Federal Bureau of Investigation, 10th and Pennsylvania Avenue, N.W., The Attorney General has determined Washington, D.C. 20535. Second-Class that the publication of this periodical is postage paid at Washington, D.C., and The Cover: In England, an ethnically necessary in the transaction of the public additional mailing offices. Postmaster: Send based crime group poses a serious threat business required by law of the Department address changes to FBI Law Enforcement to law enforcement. See article p. 1. of Justice. Use of funds for printing this Bulletin, Federal Bureau of Investigation periodical has been approved by the Washington, D.C. 20535. Director of the Office of Management and Budget.

ISSN 0014-5688 USPS 383-310 i, q 6q5 '

Photos courtesy of Maggie Owens

The Yardies England's -merging Crime Problem

By ROY A. C. RAMM

In January 1988, the British Unfortunately, disturbing in- occurring in areas where policing is press published accounts that formation came to light as a result of often difficult and dangerous. portrayed an upsurge in this inquiry. Distinct similarities Jamaican-based crime and the existed between what was begin- An Historical Perspective emergence of an organized crime ning to take place with regard to During the 1950s, while group within the United Kingdom organized crime in the United England was enjoying a post-war described as "The Yardies" or the Kingdom and what had been hap- economic boom, the British "Black Mafia." Shortly thereafter, pening in the United States for some Government encouraged immigra- Scotland Yard initiated an inquiry to time. The inquiry identified a pic- tion to the country to fill existing job identify the elements of Jamaican ture of ethnically based crime that vacancies. As a result, many Afro- organized crime, if it existed. was not only growing but was also Caribbeans immigrated in search of

June 1990 / 1 a better standard of living. They tational. Policing ethnically sen'si- claim to be involved in the music mostly found unskilled employ- tive and volatile areas was dif- business as singers, musicians, ment, and because wages were low, ficult and demanding, although con- record producers or promoters, or sought cheap housing in the run siderable progress was made in disc jockeys when challenged. Al- down, inner-city areas. When the developing the citizenry's trust in though determining the nationality country's economic fortunes law enforcement. of those who arrive is difficult, changed, many in this new work However, the relationship Jamaica is by far the predominant force were among the first to feel the between law enforcement and low- country of origin. Entering the recession. Second-generation income, ethnic communities deter- country as tourists or to "visit rela- Caribbeans, in particular, found it iorated rapidly when a new influx of tives," Yardies usually assume difficult to match achievements immigrants arrived in the United false identities and carry forged with aspirations. Kingdom during the late 1970s. Un- credentials. Many have criminal Within the low-income, Afro- like those who preceded them, these convictions or are wanted by the Caribbean communities of Lon- immigrants did not adhere to a police. Because they are known don, crime is not unlike that found Christian work ethic, nor did they only by their street names to their in many major American cities. come seeking a better life. Rather, associates, they are extremely dif- Living in poor-quality housing-- they came as criminals, often fugi- ficult to identify. Some even travel often public or "project" hous- tives, to earn money from crime. on false or fraudulently obtained ing-the people comprise a dis- Gradually, these "Yardies" 1 distin- British passports. proportionately high ratio of the guished themselves from the local unemployed. Violence, usually communities. Pattern of Immigration drug related, continually plagues The United Kingdom became residents. Yardie Profile an attractive destination for Yardies Over the years, police rela- Yardies are generally single because of its long-standing as- tions with residents of these com- males between the ages of 18 and sociation with its former colonies in munities have often been strained, 35. They are usually unemployed, the Caribbean. Both share a com- and on occasion, violently confron- often by choice, although some will mon language and many cultural, social, sporting, and religious values--factors upon which legitimate immigration is built. Unfortunately, with the im- 4;I; migration of convicted criminals Law enforcement and fugitives, a criminal infrastruc- ture arose within the community agencies must ensure that is hostile toward the police and that Jamaican crime provides a refuge for fugitives. groups do not find a Clubs, bars, and house parties that niche in society.... tend to imitate Jamaican street life provide the venues for crime. Even though Yardies find support in these established ethnic Detective Chief Superintendent Ramm is communities, the United Kingdom assigned to Scotland Yard's International and is not the destination of choice for Organized Crime Branch, London, England. them; that honor is bestowed on the United States. However, as Jamaican violence and drug traf-

2 / FBI Law Enforcement Bulletin ticking has grown, U.S. immigra- musical events where drugs are Unfortunately, there is a tion authorities and other Federal distributed. greater willingness among agencies have become aware of the The traditional use of Jamaican drug dealers to settle dis- dangers posed by Jamaican gangs. marijuana has given way to cocaine putes with a firearm. The fatal The United States has made it in- and "crack cocaine." Here, the shooting of "Yardie Ron" on the creasingly difficult for Jamaican methods of production and distribu- streets of a busy London suburb criminals to gain entry into the tion of drugs emulates those of U.S. during the course of dispute involv- country; consequently, they have inner cities. Heavily armored doors, ing drugs evidences this fact. Eight been forced to look elsewhere, par- alarmed and protected by locks and shots were fired from three different ticularly to the United Kingdom. In many cases, though, Britain has simply become the staging point for entry into the United States on ...the Yardies who assimilate into fraudulently obtained British the community usually become involved passports. in drug-related crime. Yardies and Drugs Once in the United Kingdom, the Yardies who assimilate into grills, define the perimeters of drug weapons, an occurrence totally alien the community usually become in- houses. The use of pagers and to the United Kingdom. In some volved in drug-related crime. Such mobile phones are common among areas where the unarmed British crime is primarily introspective, that the dealers. Yet, the greatest con- bobby has struggled to gain the con- is, it is the community itself that is cern is the increasing use of fidence of the community, some damaged the most. Drug sales are firearms. Yardies routinely wear guns as made predominantly to other resi- macho displays. dents; violence, usually drug re- Firearms in the United Kingdom lated, is directed toward those who For the most part, British Yardie Organized Crime live there. Inevitably, and no doubt police are unarmed. Also, access to It is difficult to determine by as a direct economic necessity, the firearms by the general public is the intelligence gathered whether crime spills over into other areas of strictly controlled. In comparison Yardie or Jamaican crime is or- the community with burglary and with the United States, shooting in- ganized and comparable to other robbery being committed outside cidents are rare. crime groups like the La Cosa the defined areas to fund drug The most common criminal Nostra. Yet, one key element of or- abuse. use of firearms is during an armed ganized crime--providing illegal In many ways, the cultural robbery, although discharge of the goods or services--is clearly evi- strengths of the Afro-Caribbean weapon rarely occurs. For example, dent in Jamaican crime groups. communities are being debased and in 1987, shots were fired in only 79 Without question, these groups are abused as vehicles for serious crime. of the 18,102 robbery cases involved in supplying marijuana, Organized Jamaican reggae parties recorded by the Metropolitan Police cocaine, and to a certain extent, are used frequently to conduct drug Force in London. Of the 685 prostitutes. They also use force and transactions. International travel by homicides in England and Wales in violence, but here is where the couriers and traffickers is masked 1987, firearms were used in only 13 analysis becomes more complex. behind the "international culture of percent of the killings, although this Traditionally, organized crime music." Nonauthorized radio sta- percentage is distorted by the fact has been perceived to rely on cor- tions are prolific advertisers of that one man shot 16 people. rupt public officials to maintain its

June 1990 / 3 monopoly. Yet, Jamaican crime to public order. Members show true identities and outstanding arrest groups do not have a monopoly, or limited aspirations for material warrants. Checks of these indices anything approaching it. Nor is gains; their loyalty is to the streets have revealed that many suspects in there any substantial evidence of and the so-called "front lines." One the United Kingdom are also them being involved in public effect of this loyalty is that those wanted for serious offenses in the corruption or the criminal infiltra- who are perceived by their peers to United States and Jamaica, includ- tion of existing organizations, such be successful in crime are constant- ing homicides. as unions or businesses. There is ly providing role models for Exchange of intelligence in- also no evidence of any intent to youngsters just becoming involved formation has identified those who establish quasi-legitimate corpor- in crime. frequently travel across the Atlantic ations as "fronts" for criminal and who are currently suspected of activities. crimes on both sides. In one in- By far, the most vexing ques- stance, a Jamaican crime figure was tions are those of leadership and denied entry into the United group structure. Jamaican crime in In many cases... Kingdom as a result of information the United Kingdom does not have a Britain has simply obtained from a New York law en- select group of senior figures con- become the staging forcement agency. The individual trolling a complex, criminal point for entry into the had a narcotics conviction under an pyramid. Rather, Jamaican crime assumed alias. groups have relatively small, flat or- United States .... ganizational structures. The rise to Conclusion the top is a relatively short step for Law enforcement agencies anyone with access to drugs and the must ensure that Jamaican crime willingness to use force. In most groups do not find a niche in society, Structuring an approach to cases, the "top man" not only im- either by accident or design. For the combat these disparate, mobile tar- ports the drugs but is also personally most part, group members who gets is particularly difficult, espe- involved in street dealings. move constantly from one jurisdic- cially since the police do not want to Occasional conflicts between tion to another do not fall into tidy be denounced as racist and oppres- groups are manifested in street categories law enforcement agen- sive on one hand or oversensitive violence, but for the most part, cies tend to create. Early recognition and ineffective on the other. One groups support each other. In fact, it of minor characters can prevent successful approach is multiagency is not uncommon for members to their elevation to positions of power operations based on carefully re- belong to more than one group. within their respective organiza- searched intelligence, coupled with Groups are not durable and fre- tions. Only through intelligence a sensitivity to cultural issues. Also, quently break up and reorganize. analysis can today's foot soldiers immigration officers experienced in The dynamics of the groups are be prevented from becoming Afro-Caribbean affairs are essential chaotic; the only common de- tomorrow' s generals. components of operations to deter- _EE nominator is the ethnic origin of mine true identities. the members. Planning and intelligence Footnote Police Response gathering must take into account the 1 The term "Yardie" is a moniker given mobility of the Jamaican criminal, by the Jamaican people themselves to someone The lifestyles and cultural recently arrived in the United Kingdom from traits of those involved in Jamaican the "transferable culture," and the Jamaica, which is referred to as the "back crime groups increase the danger nature of the offenses. International yard" (meaning back home). intelligence indices will often reveal

4 / FBI Law Enforcement Bulletin Latent ShoeprJntAnalysis to light amounts of moisture, react in a way similar to a finger leaving its mark on a surface. Vinyl linoleum, smooth tile, and painted floors provide the best surfaces for recovery of latent shoe prints.' Many of the same factors that are involved in lifting fingerprints are to be considered in recovering latent shoe prints. The surface must be smooth enough to reveal the characteristics of the soles. Temperature and Weather conditions must be conducive to preservation of the impressions. And, like fingerprints, latent shoe prints are fragile and can be damaged if further contact is made after the print is placed. They can be easily altered or destroyed by first responders and curious by- or decades, fingerprints interior surfaces and shoe impres- standers; therefore, it is important F have provided investigators sions in exterior crime scenes, to carefully secure the crime scene invaluable clues to establish the they often overlook the existence if recovery of the prints is to be identity of criminals. Yet, another of latent shoe prints. successful. type of print impression that could Like fingerprints, latent shoe Latent shoe prints have not be just as valuable has been wide- prints can be used to place a been widely used in crime scene ly overlooked. Latent shoe prints suspect at a crime scene. Though investigations. Although recovery exist in almost all interior crime each shoe manufacturer produces of the prints depends on several scenes but are often ignored by in- hundreds of various styles of foot- unpredictable variables, they may vestigators or destroyed by initial wear with the same tread design, yield valuable information and, responders before the prints could these identical prints quickly be- therefore, should be considered a be processed. come unique through the owner's viable option for investigators. Latent shoe prints are impres- use. Wear will vary depending on .EE sions of shoe treads left by an in- individual walking styles and con- dividual on a surface. While these tact with different surfaces. Any prints cannot be seen by the naked scratch, nick or cut will result in Information for this column eye, they can be revealed using points of comparison, making the was provided by Dwain A. Pierce, shoe "one of a kind." Criminalistics Specialist, Police standard fingerprint powders. Department, Knoxville, Tennessee. Although investigators routinely Most casual shoes have rub- search for visible shoe prints on berized soles that, when exposed

June 1990 / 5 responsibility ceases, except for the prosecution of the offender. When a towing company removes a vehicle at the direction of a law enforcement agency, it acts as an instrument of that agency. It gains lawful, though temporary, possession of the vehicle. However, if left unchecked, an unscrupulous towing company might use this temporary possession to gain permanent title to the vehicle illegally. Once this happens, the company can sell it and realize a bigger profit apart from tow/storage fees. Even when State statutes regu- late and procedurally establish guidelines for towing companies when disposing of vehicles, there is opportunity for abuse and criminal activity. This became evident during an investigation of one towing company in Broward Coun- ty, Florida. Based on an informant's tip, the Florida Department of Law Towing Companies Enforcement (FDLE) initiated an investigation that subsequently Friends Or Foes ? identified schemes enabling this company to circumvent the law. This towing company obtained new By titles and sold the vehicles while MICHAEL C. GILLO hiding behind the very laws that granted it the right to recoup service fees. aw enforcement uses towing could be responsible for towing up companies extensively. to 100 vehicles a day. The fee for Background L Usually, these companies each tow, plus storage charges, The State of Florida enacted are under contract awarded through generates large amounts of revenue. legislation enabling towing com- a bidding process. This gives the Unfortunately, once a towing panies to recoup losses when there company exclusive rights to do all company has temporary legal pos- was little hope of recovering from towing for individual agencies. In session of a vehicle, many law en- owners the towing and storage fees metropolitan areas, a company forcement agencies believe their incurred. When passed, the Towing

6 / FBI Law Enforcement Bulletin and Recovery Association of pany initiates a lien process in order Further, a towing company America (TRAA) hailed the statute to sell the vehicle at public auction also may falsify documentation in- as "...one of the best in the Nation." for costs incurred. Usually, little or tentionally to the Florida Depart- The law clearly defines the man- no effort is made to find or notify ment of Highway Safety and Motor dates to which towing and storage the owner. Then, if left un- Vehicles (DHSMV) regarding the companies should adhere when dis- claimed, the vehicle can be retitled actual sale price of a vehicle. The posing of vehicles. Strictly as "unknown" and later sold company falsifies documentation so regulatory in nature, the law specifi- privately. that it does not have to pay the cally outlines a set procedure to fol- Under the provisions of the proper sales tax. Or, a bill of sale, low for the legal disposition of Florida statute, a towing operator which is necessary to gain legal pos- motor vehicles that fall under its must sell a vehicle at public auction. session, can be falsified. One purview. However, since the The statute also stipulates that the method is to contact the last responsibility for monitoring these selling agent may keep only enough registered owner--but not the cur- statutory procedures does not fall money from the sale of the vehicle rent owner--to sign a bill of sale. Or within a specific agency, there is no to pay for the tow/storage charges more simply, the operator forges the checks-and-balance system to en- incurred. The remainder of the signature of the registered owner or sure compliance to the statute. amount collected is to be forwarded lien holder. In any case, with a bill to the clerk of the court's registry to of sale, the unscrupulous towing Schemes and Ploys be held in escrow. However, a company processes a vehicle The intricate schemes and towing operator can record a lesser through the State's motor vehicle ploys detected during this investiga- dollar amount than the actual sale system without question. tion served as the basis by which to price of the vehicle. By mis- Another technique is to submit gain illegal financial profits on a representing the, sale price, the records showing that a vehicle of- large scale. Such schemes revolve towing company retains more of the fered at auction did not sell. This around obtaining vehicles legally money collected. allows the towing company to claim and then disposing of them through unscrupulous and illegal methods. During its investigation, the Department of Law Enforcement identified several ways by which the unscrupulous towing operator gains possession of towed vehicles. For example, after being towed to the Police departments storage compound, the towing should not develop operator routinely searches the vehicle for a title, bill of sale, or a false sense of other documentation that would security with the towing allow the company to identify the company. owner/lien holder. If a lien cannot 9 9 be satisfied or eliminated, the towing operator simply sells the vehicle at auction as a "parts car." Mr. Gillo is an investigator with the Broward County State Attorney's Office If the identity of the owner in Ft. Lauderdale, Florida. cannot be determined or the owner cannot be found, the towing corn-

June 1990 / 7 Police the vehicle for towing and storage property, grand theft, falsifying title fees. The vehicle can then be retitled applications, and sales tax viola- Practices and sold privately. Many times, the tions. The Department of Revenue vehicle does not reach the auction levied $789,000 in assessments and block. Instead, the operator sells the fines. The Attorney General's Of- vehicle before the auction date. rice filed civil RICO actions on A towing company also may several parcels of property used by purposefully falsify the extent of the towing company, and the city damage incurred by a vehicle or the police department seized nine charges for towing and storage to wreckers valued at approximately :" : r-=~AU ~IlI:I;I(~,IIL .... insurance companies and lien $20,000 each. Seven defendants holders. This gives the appearance pied guilty; three went to trial. Of that the vehicle has little value. This these three, one defendant was ac- way, the towing company obtains quitted, another had the charges dis- clear title to the vehicle and can sell missed during the trial, and the third it at its discretion. was convicted of 10 felonies. On some vehicles, where a clear title cannot be obtained, the Conclusion vehicle identification number (VIN) As a result of the investiga- of another vehicle of the same make tion, the FDLE met with members agencies :,train'their cadets at and model is used to gain title. of the Towing and Recovery As- ALETA i Also, towed vehicles that do not sociation of America and the have a VIN identifier may be given Professional Wrecker Operations of The Problem a VIN from a wrecked vehicle of the Florida to rectify loopholes and en- ~" A major problem encoun 7 same make and model, thereby courage cooperation between law teied~ a~ the aeademylwas the large laying the groundwork to claim the enforcement and the towing in- vehicle. dustry. Discussions have also been held to propose better legislation The Findings regarding a checks-and-balance The investigation referenced system regulating towing opera- in the beginning of this article was tions. conducted jointly by the FDLE, a However, the best safeguard city police department, a local State against unscrupulous operators is Attorney's Office, the Florida the police agency that enters into a DHSMV, the Department of contract with a towing company. Revenue, and the Florida Attorney Police departments should not General's Office. It revealed that no develop a false sense of security safeguards are directly in place to with the towing company. Agen- oversee the disposition of towed cies should evaluate the type of vehicles. relationship they have with their This particular investigation towing companies, or a review of resulted in the arrest of owners of a the towing company's operations towing company and eight current may be in order. In any regard, or former employees on ap- departments should consider proximately 250 felony charges whether the towing company they ranging from Racketeer Influenced employ or enter into a contract with and Corrupt Organizations Statute is "a friend or foe." II~:] (RICO) violations, dealing in stolen

8 / FBI Law Enforcement Bulletin In addition to being academic difficulties at standardized and valid, the ALETA. The critical Nelson-Denny Reading N grade level proved to be Test has a simple format, extremely accurate with is administered easily, can each new recruit class. be graded quickly by con- i The Nelson-Denny Reading Test has gained verting answer sheets to a I computer Scantron grad~ statewide acceptance as a ing process, and is equated pre-employment screen- to a public school grade ! ing instrument once the level range of 3.6 to 16.9. 10.9 grade level was iden- Total administration time tified as critical for suc- is less than 45 minutes. cess. On September 1, Forms of the test can be 1989, the Arizona Law used interchangeably as a Enforcement Officers pretest and post-test to Advisory Council made it measure the recruits' a requirement that all cer- growth in vocabulary and tified basic training comprehension. academies in Arizona ad- Pretest scores minister a reading test, showed that Native with the recommendation Americans, Hispanics, that the Nelson-Denny and blacks usually scored Reading Test be used. in the low grade levels (5 to 11), and dramatic. The academic failure And while the test should never be while the majority of the non- rate among minorities fell from the sole determinant of success in minorities scored in the higher around 80 to 85% to below 15%. police basic training, it can be a levels (12 to 16.9). In an effort to Overall academic failures of all eth- screening device, in conjunction improve minority reading levels, it nic classes fell from 20% to 10%, with other test results, for pre- was decided to have recruits with excluding terminations due to employment screening of a police high comprehension levels tutor physical training deficiencies or applicant, if properly used. those with lower comprehension resignations. .El: levels. After the pretest was ad- After a minimum of 300 ministered during orientation, the recruits had been tested for a statis- cadet classes, which ranged in size tical base, a grade level of 10.9 was Information for this column was determined to be critical for success submitted by Lt. Samuel T. Ragland of from 40 to 50 recruits, were divided the Arizona Law Enforcement Training into four squads of 10 or more in the basic training. Thus, a police Academy, Tucson, Arizona. recruits. The high Nelson-Denny recruit with a Nelson-Denny grade scorers were assigned to tutor (or be level below 10.9 would experience a mentor to) the low scorers throughout the 12 weeks of training. This concept was facilitated by as- We apologize to Capt. Gary Hindman of the Salina, Kansas, Police Department for not crediting him with the information provided for the K-9 signing a pair as .roommates in the Kards for Kids Police Practices submission, which appeared in the April dormitories, whenever possible. 1990, issue. Submissions for the Police Practices column should be sumitted to The Results Kathy Sulewski, Managing Editor, FBI Law Enforcement Bulletin, Room The results of the Nelson- 7262, 10th & Pennsylvania Ave., NW, Washington, DC 20535. Denny experiment were immediate

June 1990 / 9 Facility Planning in Colorado Form vs. Function

~-~ ...... ~ ~ "~-)'~ ..~,,.~.~

BY rhat determines the man- This article will discuss how this JAMES D. MUNGER ner in which a police police department recognized the and W department operates-- relationship between its physical EDWARD SPIVEY, Ph.D. form or function? Surprisingly, this accommodations and its role in the question appears in any number of community and how the depart- contexts in any department--policy ment has been changed in the formulation, equipment selection, process. Of course, this process is values orientation, or the design of not unique to this department, but the training curriculum. Whatever examining it may help other agen- the case, the form/function issue in- cies involved in self-assessment and fluences decisively the nature of the future planning. organization and the agency's mission and goals. The Problem The Colorado Springs, Until the end of World War II, Colorado, Police Department Colorado Springs was a rather wrestled with this form/function sleepy, small town whose major question during the past few years claims to fame were its spectacular in a number of ways, but particular- setting and its reputation as a health ly with regard to police facilities. resort. But, the establishment of

10 / FBI Law Enforcement Bulletin the police department. Leasing consistent with the department's and occupying portions of several mission and remained within the city-owned structures gained ad- department's traditional centralized ditional space in a piecemeal structure. fashion. The physical fragmentation of The Process of Change the police department caused The appointment of a new problems in communications and chief of police in 1985 coincided led to diffused supervisory respon- with the national awakening of in- sibilities. At this time, form deter- terest in redefining law enforcement mined function. As a result, "turf" missions in terms of community in- issues began to interfere with opera- volvement. The department's new tional effectiveness, while the administration began an assessment department's operating budget of all agency divisions. Task forces, eroded because duplicate equip- composed of civilians and officers, ment needed to be purchased or evaluated all aspects of the depart- additional support personnel had ment both structurally and function- to be hired for units in remote ally in light of these new ideas. locations. After approximately 3 months By the early 1980s, it became of study, the task forces recom- clear that organizational effective- mended a major reconfiguration of ness could only be preserved by the department, along with a adequate facilities. The relocation schedule to phase in the changes. of patrol services in temporary An essential element of the recon- facilities on opposite sides of town figuration was to decentralize line alleviated the most pressing operations through three divisional several permanent military facilities problems. This made it possible to substations, while keeping a central- after the war led to rapid community reallocate office and parking space ized component for citywide func- growth. By the early 1960s, the at headquarters. Patrol officers and tions, such as major crime investiga- police department outgrew its ac- sergeants were moved to the two tions and support services. commodations in the basement of "outpost" stations but continued to After city authorities accepted city hall. A separate police head- report to a single command struc- the concept, the department initiated quarters was built next door, but ture at headquarters. major planning efforts on several agency functions remained relative- Administrators recognized fronts. Budgeting was, of course, ly unchanged. that this fragmentation posed or- the first priority. In the past, the As often happens with ganizational problems. Numerous department made few funding re- municipal facilities, budgetary con- attempts were made to reorganize quests for capital improvements; straints limited construction to im- the existing facilities and to redefine therefore, the municipal authorities mediate needs. And, no one was operational responsibilities more were more easily persuaded of the forewarned of the rapid population functionally. Planning for new need for major investments in police growth and the fourfold increase in facilities continued, and by 1984, facilities. Because of additional ap- area size that would take place the department was committed to propriations and departmental within the next 3 decades. Within 6 the construction of permanent economizing measures, the con- years after it was built, the police patrol substations. Up to this point, struction of two substations began. building could no longer house any recommended changes were The long-range strategy was to put

June 1990/11 these substations into operation, Early in the process, the and hardware had to be modified so coordinate new service delivery department contracted for services that the transition could be smooth. methods with a strong emphasis on with an architectural and engineer- Months before the physical reloca- community policing, and then ing finn experienced in designing tion, reporting systems were recon- propose a bond referendum to law enforcement facilities. The figured to the new geographical pat- finance a police operations center resulting combination of operation- terns. This allowed employees to that would include a third substa- al experience, conceptual innova- become familiar with the new tech- tion. During the interim, the third tion, fiscal prudence, and technical nical foundations. This "camping patrol division occupied temporary expertise proved beneficial. out" period was sometimes hectic quarters that became available when Departmental planners also took and required patience from opera- the new substations were opened. care to coordinate closely with the tions personnel and administrators Simultaneously, the depart- city's administrators and technical alike, but its inconveniences were ment created another captain posi- agencies to ensure that all processes repaid by the smooth physical tran- tion to serve as station commander, worked smoothly. sition that resulted. thus permitting the reassignment of With the advent of com- an experienced captain as a full- Community-Oriented munity-oriented policing and time facilities planner. The facilities Operations decentralized service delivery, the planner and the department's New facilities were the department's written directives had civilian Director of Management glamorous part of the process, but to be thoroughly revised. The need Services shared the overall respon- laying the groundwork for a to redesign policies and procedures sibility of the project, but worked decentralized and community- had become critical because the under the direction of the Deputy oriented operational mode proved department had also made a Chief of Administration. more arduous. Computer programs philosophical commitment to seek national accreditation. Now, facing a complete restructuring, this process could not be avoided. Therefore, considerable effort was devoted not only to revising manuals for policies and procedures but also to reviewing the process for ensuring accountability. A task force went through existing directives line by line to check for accuracy and adequacy, removing ob- solete passages and outlining items to be added. The manual was then rewritten to bring it into accord with accreditation standards and to ex- press policies and procedures more logically. Matters that were strictly procedural and subject to frequent change were removed from the manual entirely and given to a task force of patrol officers, who developed a code of standard operating procedures tailored to the new functional configuration. By

12 / FBI Law Enforcement Bulletin doing so, authority for revising this and raised money for campaign The most difficult part was not type of directive was moved closer publicity. putting the bricks and beams into to the operating level. place but initiating the operating The Results structure. Although the new The Final Phase The results of the police facilities and operations services Actual construction of the sta- department's movement toward have been shaped, the human and tions began in 1988, after exhaus- community policing became evi- organizational engineering will tive planning that involved not only dent when a better than two-to-one never be completed. The depart- administrators and the consulting majority of voters approved the ment's role in the community has firm but also task forces of patrol police operations center bond. The already changed to such an extent officers who would be using the department interpreted these results not believed possible several years new facility. In March 1989, the to be a resounding endorsement of a ago, and it is anticipated that this new stations were opened and winning combination: Good service change will continue as a result of public tours were conducted for intensified community involve- several days. Each station contained ment. This process has brought a large community room, which was about new ways of thinking, acting, open to the public for scout meet- and achieving the department's mis- ings, homeowners' association This process has sion and goals among all levels of meetings, and similar events. Open- brought about new personnel. New programs have been ing the stations to nonpolice ac- ways of...achieving implemented, and more are on the tivities helped to quickly integrate way--a number of them arising the stations into the neighborhoods, the department's from the line units. Having worked and this nonthreatening contact be- mission and goals through the fear and discomfort of tween citizens and officers im- among all levels of escaping traditional molds, the proved significantly the public's personnel. department has found a dynamic view of law enforcement. More concept of police work that is both surprisingly, officers welcomed this stimulating and enjoyable. contact with law-abiding citizens as Indeed, the focus must be on a healthy influence on their perspec- function rather than form. As long tives. delivery, thorough and innovative as a police agency is locked into During the final months of planning, and a strong effort to traditional molds, innovation is construction, the department recognize and satisfy the needs of limited to merely rearranging prepared a bond issue proposal to citizens. things. Law enforcement will al- build a police operations center, The Colorado Springs Police ways be tasked with necessary which was approved by the city Department is now moving toward chores, such as manpower schedul- council for a referendum. A "Police developing the operations center. ing and allocating vehicles, from Bond Action Plan" was developed As with the substation development, which there is no escape. And, al- to saturate the community with facts a task force approach again has been though a certain sort of creativity is about the importance of the opera- adopted and an experienced ar- involved in these activities, focus- tions center to the delivery of effec- chitectural consulting group has ing on the overall mission brings tive police services. The plan in- been retained. This close involve- much more into play. It is essential, cluded a comprehensive media ment during the design and con- however, that the definition of mis- awareness effort, coordinating struction stages, as well as con- sion be derived from the interaction presentations to the general public tinued involvement by other of the agency with the community. and to community service groups, branches of municipal government, A definition arising completely and the development of a citizens' provides facilities and services that from within a department is usually support group, which added ideas foster other program innovations. less comprehensive.

June 1990 / 13 Book Reviews Finally, the process can be done only through action. Refer- ences to planning have been made often in this article and with good reason. In one sense, everything is a police and those to whom the part of planning. However, planning police are accountable." It then consists of much more than moves on to suggest some academic exercises. It must include methods (possibly less "comfort- proper execution, as well as rein- able' ') of proactive crime fighting tegrating the results of execution and community approaches to into the planning process. crime control. "Police Agency Consolida- Conclusion tion: Lessons from a Case Study," What the Colorado Springs by Stephen D. Mastrofski is an in- Police Department has learned teresting and worthwhile read, throughout the last few years was even for the executive of a police certainly aided by research. But agency for which consolidation is learning came more by putting the not a possibility. It traces the con- results of the research into practice. solidation studies made by a group of Pennsylvania jurisdictions and This requires an organization to Police Practice in the '90s: concludes that in the absence of work toward a major goal. Key Management Issues, edited This department's goal was to by James J. Fyfe, International significant problems to be solved develop more adequate police City Management Association, or economies and efficiencies facilities, but other goals would Washington, D.C., 1989. gained, failure to consolidate, even serve as well, providing that they are if rooted in political or parochial This addition to the Interna- considerations, may be the best challenging and can involve the tional City Management Associa- whole organization or at least a choice. tion Practical Management Series The array of topics selected major part of it. The elements within is a well-balanced compilation of by the editor includes such timely this department that benefited most thoughtful articles dealing with concerns as controlling police from this reorganization were patrol many of the more significant and planning personnel. vehicle pursuits (written by the problems and issues that will face editor himself, who comes down Form and function, product law enforcement administrators in firmly against them), the accredita- and process, are dull and rather the years ahead. The subjects tion process and employee drug abstract terms that are certainly not covered are of concern to every testing. While solutions may not the everyday topics of police dis- police agency, although a few may always be proposed, the problems course. Even though there is no have limited application. and issues are defined and ex- guarantee that another agency "Crime and Policing" by would reap the same rewards and plored sufficiently to lay the Mark Moore, Robert Trojanowicz benefits, enormous gains can be groundwork for comparative think- and George Kelling presents infor- ing by the manager who faces made, even at the cost of some mation on the nature of police similar decisions. This is a psychological and physical discom- work and the public's perception thought-stimulating volume, well fort. The Colorado Springs, of policing. Its rather thorough worth the small amount of space it Colorado, Police Department has definition of serious crime, from requires on the police executive's shaped its new facilities and will the perspectives of both law en- bookshelf. shape those to come. More impor- forcement practitioners and vic- tantly, however, it is also shaping tims, is followed by an analysis of Reviewed by itself in the process. the traditional reactive posture of Col. John E. Granfield police agencies which, the authors Chief of Police note, "is comfortable to both the Fairfax County, Virginia

14 / FBI Law Enforcement Bulletin I

....~ ~ .... ~ .... i~!~ ¸ !!! ~,~i ~ ~c~: ,ii~ • :iii~ i~ • i~ The book explores many past terrorism are discussed. These terrorist events, including the Aldo events demonstrate that law en- Moro abduction/slaying, the 1988 forcement in this country may be bombing of Pan Am flight 103, increasingly called upon to and the bombing of the U.S. Em- respond to terrorist activity. bassy in Beirut, explaining the The book provides practical :: ;:;:< motives and tactics of the groups suggestions for avoiding or reduc- responsible. These past events are ing the terrorist threat. It also used to highlight the dangers provides a quick reference table, facing anyone who conducts busi- helpful to both civilians and law ness abroad. enforcement professionals, outlin- As increased travel and trade ing both the infamous and the blur international boundaries, the more obscure terrorist groups in opportunities available to the ter- operation today. Their methods rorist are likewise increased. The and operations are discussed, as book points to Latin America, with are their potential shortcomings in ,o : , increasing levels of narcoter- executing a successful terrorist You're the Target: Coping rorism, as the emerging hotbed of spectacle. You're the Target is hard hit- With Terror and Crime, by terrorist activity, while groups in Theodore G. Shackley, Robert L. Western Europe and the Middle ting and concise. The authors are Oatman and Richard A. Finney, East will remain active and con- knowledgeable in the area of personal protection and offer valuable {, ? . New World Publishing Ltd., New tinue to present dangers to foreign- recommendations to the frequent York, 1989. ers travelling to those areas. What traveler, Security specialist, or You're the Target is a this means to American corporate government official at risk of be- I manageable and easy to read hand- personnel and security profes- coming a victim of terrorism book on international terrorism. It sionals, to whom this book is anywhere in the world. The book I reports on the worldwide growth primarily directed, is that as the I ...... i: ~ also provides information that will of terrorism with its apparently marketplace continues to become assist the law enforcement com- senseless and brutal attacks on truly global, risks will increase. munity in confronting an enemy governments and business leaders. Personal security for potential tar- no longer content to wait restlessly The authors present an interesting gets will also become more impor- outside our borders. and professional work on the sub- tant. As the book makes clear, ject of terrorism, looking to past in- Reviewed by though, Americans travelling cidents to offer insight into present SSA Frederick C. Kingston abroad are not the only potential events and future trends. The book Special Operations and targets. The unsuccessful attempt discusses the means to cope with Research Unit , ! directed at the wife of William terrorism and criminal activity, FBI Academy Rogers, captain of the U.S.S. Vin- which is often directed at Quantico, Virginia Americans abroad. cennes, on a San Francisco street and other recent domestic acts of

June 1990/15 Reco, Managem In the 19

By DANIEL L. ARKENAU

y 1988, the backlog of police the same time, the personnel com- Record-keeping personnel con- records processing at the plement in the unit continued to sidered several microfilm-based, B Cincinnati, Ohio, Police decrease. computer-assisted retrieval systems Division reached the critical stage. To make the situation worse, before selecting the optical disk As in many police departments, the the Records Unit was coming under image retrieval system. This system Records Unit used logbooks and increasing pressure from insurance proved to be the solution to a critical 3 x 5 index Cards to track accident companies, city council members, problem. reports. This process was slow and and from private citizens to provide The division started using the extremely labor intensive. With this information on a timely basis. optical disk system in March 1989. hundreds of new reports and At one point, a member of the local With this system, police officers retrieval requests coming in each claims association even came to the now can call the accident tele- day, the future of record keeping office and demanded better service. phone line at the Records Unit looked even bleaker. In fact, it Faced with this crisis, the and give the data entry operator often took 6 weeks or more to fill division began to examine alterna- the accident date, report number, requests for copies of reports. At tive methods of managing files. names of drivers, locations, district

16 / FBI Law Enforcement Bulletin of occurrence, and any injuries or An optical disk image system time and location of the accident or fatalities. The data entry operator also offers instant recovery of all the officer's badge number, any then enters this information into the images on file and reduced storage report or series of reports can be optic system. This information space. And, it provides greater located and displayed in seconds. provides a ready index of all basic document security than microfilm Each descriptor can also be information concerning the auto ac- because no film is sent to the lab for modified to fit a particular applica- cident and can be retrieved, if processing. tion. For example, a range search needed, to provide a daily count of function allows the operator to traffic problems in the city. Benefits search reports on all accidents oc- When the original report ar- According to the Technical curring within a specified range of rives at the Records Unit, the data Services Bureau Commander, "The dates, times, locations or other entry operator enters the report optical system's on-line retrieval parameters. number from the original report. capability has transformed the These broad search capa- The automated, indexed informa- Records Unit into an efficient bilities have made it possible for one tion is then recalled from data operation that truly serves the person to accomplish, in a matter of memory and checked for proper public." Today, all the information minutes, retrievals that previously spelling and street locations. The that insurance companies need to took three people hours to perform. operator places the original report start processing a claim can be taken The multiple search descriptors on the optic scanner which over the phone. When the original have also given the Records Unit photographs the report. This image claim information arrives, it is greater flexibility and have made it is transmitted to the optical disk for scanned onto the optical disk. The easier to accommodate extraordi- permanent storage. The entire image of the report can then be nary cases, such as accidents involv- process takes approximately 30 called up and printed in seconds. ing utility poles or those involving seconds. The original report can By using one or more of the 11 numerous passengers. then be destroyed because the optic possible program descriptors, such In addition, the system has had image can be used legally as the as the driver's name and license a phenomenal impact on produc- original. number, the passenger's name, the tivity. After installing the optical Advantages of the Optical Disk Image System An optical disk image system offers several advantages in certain applications over other systems. With an optical image system, a laser beam is used to store electronic images on a specially treated metal- lic disk. Another laser then "reads" these bits of stored information and converts them into electronic impul- approXimately 4 Weeks .... ses that can be interpreted by a computer. Because lasers are extremely precise, far more data can be stored on an optical disk than on a floppy disk or on a roll of microfilm. One 12-inch optical disk, for example, holds 2.4 gigabytes (2.4 million bytes) of information.

June 1990/17 ,~ ~ci ~

to eliminate a backlog of 6,000 I reports in approximately 4 weeks while keeping up with incoming reports and new requests. This would have been impossible with the old system. As a result, the number of complaints regarding turn- around time have decreased to zero. Integrating the system into the Records Unit's organization was relatively painless. It did not affect operations in any way. In fact, most of the police officers in the field were unaware that a new system was even installed. The system was effective almost immediately, and training personnel was ac- complished with relative ease. Conclusion The improvements in the [Uring 1988, the Institution- Respondent Characteristics al Research and Develop- Records Unit have been felt D Survey responses showed ment Unit (IRDU) at the FBI throughout the police division. Ac- that 95% of FBINA graduates who cording to the Technical Services Academy surveyed FBI National attended the Academy during the Academy (FBINA) graduates. Bureau Commander, '"It's made of- 6-year period are still pursuing law The purpose was to gather informa- ficers in the field happy because enforcement careers. Eighty-six they can come to the Records Unit tion from State and local law en- percent are between the ages of 30 and pick up a report immediately forcement officers by examining and 49; 59% have 11 to 20 years career patterns after graduation, as instead of having to wait around for of law enforcement experience, an hour while the clerks try to find well astheir percePtions of the NA while 38% have. more than 20 it." Program. The data gathered could years of experience. Sixty-eight thefibe used byFBI managers to Today, it is difficult, if not percent of NA graduates have3 or impossible, to find anyone who is tailor training.programs to meet more years°0f coilege credits, i~ not impressed with the way the the ~han:ging needs of these law en- in fact, the increase in eduCa= forcementpracfitidnersl. : ./ Records Unit is now serving the tion level since attending the :, ,, Ther6spondents ,wbrk at all department and the community. Be- FBINA is quite dramatic. F0rin, cause of this new optical disk image organizafii0nal levels from senior stance, t 8% of the senior execu- executives to lower ra~ing of, retrieval system, efficiency now tive officers held advanced characterizes the Records Unit. ficers,.O£the 6,333gr~tduates who degrees while attending the attended th e National Academy FBINA, as compared to the 30% _EE from JUly t 981, to December, whopresently hold advanced }987,807: were st~rveyed using a degrees; a 12-percent increase. stratifiled,rahdom SamPling tech- duringthe 6.year period. A 9=per- nique: Usable reSponses from cent increase (from 30% to 39%) those surveyedt0taled642, for a in the number of advanced degrees response rate of 80%~ earned was recorded for those in

18 / FBI Law Enforcement Bulletin middle management, and a 13-per- "high school" and "1-2 years of health/fitness program; 22% par- cent increase for all other ranks. college." ticipate in such programs; and Respondents indicated that With regard to lateral trans- !5% have been instrumental in they transferred FBINA credits to fers, there is a progression from developing a fitness program for another college or university lower to higher education levels. their departments. (28%) orused the .creditS 'for man- One-tenth of those with a high dated police training requirements school education received lateral .Perceptions of the FBINA (24%). NA graduates with 3-4 transfers, while one-fourth of Respondent perceptions of y~ars ofc011ege#ansfer~ed credits those with advaficed studies were the FBINA Program show that more frequently to a college or laterally transferred. association with other attendees is u~versity~ whilethose with a high the most highly rated, followed by school edfication':0r 1-2 )ears of' ~owled~ge gaifi~d from academic college used credits more frequent- courses. The area having the ly~for mandated police training !9west a~erage rating is\college [" / credits earned. Each of these requirements. ...95% of FBINA areas was examined from the Career Patterns I graduates who | perspective of rank andileducation. A large portion (40%) of I attended the I Variations in patterns of response those surveyed did not experience I Academy during the | are not noteworthy. ajob change since attending the I 6-year period are stiff | The prima~ benefits cited National Academy Program. This by FBINA graduates center on per- figure is due in large part to I pursuing law I formance and understanding of responses'recei',/ed from'senior ex- l enforcement careers. I their organizations and the com; ecutive officers (two-thirds did not munities they serve. At each rank change jobs). Those senior execu- level and each educational level, tives who'did change jobs (13%) • e respondents more frequently moved to another law enforcement indicated an improvement in their agency. A similar progression is performance as the one best way Jobs changed for middle noted in the movement to another FBINA attendance has assisted managers because of lateral trans- law enforcement agency--from them in attaining their career fers and promotions, while for 3% at the lowesteducation level to goals. Re area selected next in those in all other ranks, the order [0% at the highest level. Law en- frequency at all levels of analysis of frequency for job changes was forcement officers with higher was "better understanding of com- promotion, lateral transfer, and educational levels are being trans- munity and/or organizational movement to another law enforce- ferred or promoted more frequent- problems," followed by "im- ment agency. Thus, senior execu- ly than those with lower levels of proved performance and received tive officers and thOse a~the lower education. Those with higher p~omotion. ~ • ranks are more apt to move to levels of education are also another agency than are middle moving to other law enforcement Computer Usage Among managers. agencies more often. Graduates In examining job changes During the time covered by by education level, FBINA Physical Fitness this study, a computer classroom graduates with "3-4 years of FBINA graduates increased was set up at the Academy and college" were promoted most fre- their participation in exercise to computer-based training was quently. Those with "over 4 years promote better physical fitness. made available to students. of college" were promoted more Twenty-seven percent indicated Respondents were asked how frequently than were those with their departments sponsor a often they used computers for a

June 1990 / 19

% ) •)i

Ways Attendance at FBINA Assisted in Attaining Career Goals

52% ib Senior Middle I---I Others 35% l 332% 29% 29% 30% 25% ~23%

, 2% 2% 3% 4% 6%

Promotion BelerJob Improved Improved Better Little or No Performance Performance Understanding Assistance & Promotion of Problems

variety of purposes, ranging from memoranda and reports, admini- 21% (for those taking computer conducting investigations to strative recordkeeping, and con- courses). preparing budgets. For each ac- ducting and managing investiga- tivity, respondents indicated their tions. In the area of report and Summary level of usage prior to attending memoranda preparation, for those Ninety-five percent of sur- the FBINA and at the time of the who attended prior to computer vey respondents are still pursuing survey. Responses ranged from course availability, the combined law enforcement careers, and "several times each day" to increase in computer usage for many have increased their levels "never" on a 5-point scale. those who do use computers is of education~since graduation. Data were analyzed from the 18%. For those who elected not to The survey also shows that those perspective of three groups: (1) take computer courses even with higher levels of education are Those who attended the FBINA though the courses were available, more likely t:o be promoted or be before computer training was avail- the increase is 7%, while for those laterally transferred. The most able; (2) those who attended while who elected to take available com- highly rated benefits of FBINA computer training was available puter courses, the increase is 25%. attendance are knowledge gained but elected not to take the training; In the area of administrative from academic courses and and (3) those who attended while recordkeeping, for those who at- associatxon with other attendees. the training was available and who tended prior to computer course The FBINA appears to be succeed: did take the training. These three availability, the increase is 7%, ing in promoting increased know- groups were compared on the while only a 2% increase is.shown ledge and exchange;of ideas frequency with which they used for those who elected not to take among State and local law enforce- computers before their attendance computer courses. Those who ment personnel, thus continuing at the FBINA and at the time of elected to take computer courses to address the training needs of the survey. offered showed an increase of State and local law enforcement. Examination of data gathered 30%. LEB clearly indicates that computer In the area of conducting and usage for a variety of law enforce- managing investigations, the in- ment applications is increasing. creases are 9% (for those attending Research conducted by Audrey B. After attendance at the FBINA, prior to computer course avail- LaSante, Operations Researc5 Analyst, Institutional Research and increaseduse of computers by ability), 0% (for those electing not Development Unit, FBI Academy. graduates were for preparing to take computer courses), and

20 / FBI Law Enforcement Bulletin i3qrq~

Local ~

Ogether

B,L.O.C. Business Leaders Against Organized Crime By MIKE KING

" ow many times has the lack promoting a safer, crime-free com- ganizing B.L.O.C. A good reputa- of funding cut short an un- munity. Organized in June 1987, its tion in the community and a sincere H .dercover operation for original mission was to provide ad- commitment to eliminate the local law enforcement? "Too ditional funding and equipment to criminal elements were essential often" is unfortunately the answer. assist local law enforcement in com- criteria for a business to be admitted Most law enforcement budgets can pleting on-going undercover into B.L.O.C. Also, B.L.O.C. was barely pay reactive costs, let alone "sting" operations. However, structured as a corporation, with proactive ones. However, in Weber B.L.O.C. also offers assistance for "articles of incorporation," to pro- County, Utah, a funding source has operations targeted against drug vide a protective shield for the been found that has reaped substan- interdictions, property crimes and corporation's officers. tial benefits for both the police white-collar crimes, as well as The corporation's board of department and the community. for specialized training of police directors consists of a president, That funding source is B.L.O.C.-- officers. first vice president, second vice Business Leaders Against Or- president, and corporate accountant, ganized Crime. Organization each with respective duties and B.L.O.C. is a private corpora- Law enforcement profes- responsibilities. The current presi- tion formed of businessmen and sionals defined specific goals, dent is a former police officer who community leaders with the goal of policies and procedures when or- has an understanding of both law

June 1990 / 21 enforcement and business com- The second vice president is Financing munity needs. As direct liaison be- generally a private citizen who is Money to fund the operation is tween the police department and the publicly recognized for community collected through yearly dues, ap- corporate membership, the presi- service and civic responsibility. proximately $100 per year, although dent receives all the basic informa- This person maintains member- some of the larger businesses volun- tion regarding each operation (type ship records, enlists new members, tarily contribute larger amounts. By of offense, necessary property or and cosigns all payouts to law keeping the annual fee to a mini- finances to conclude a successful enforcement. mum, busineses are more willing to operation, possible length of opera- The corporation's accountant join in the effort. The funds are in- tion, etc.) and then approaches the is an accredited CPA with over 10 vested in high-yield interest ac- membership for approval to dis- years of major account experience. counts, and the interest is used to burse funds or equipment. At no The accountant maintains records of finance projects or as "buy" time, however, is any confidential all financial transactions and com- money. The initial investment is information about the operation pletes all the necessary tax forms. kept intact to provide for a con- relayed to the president by the From the beginning, B.L.O.C. tinuous source of funding; only the law enforcement agency requesting was incorporated as a nonprofit or- interest is spent. If the interest is assistance. ganization, which allowed member expended, the corporation requests The first vice president is businesses to deduct their dona- additional funds from the member- usually an elected public official. tions, thereby adding a degree of ship, as needed. This person acts as a direct liaison credibility to the organization. The Of course, there is always the with the corporation's accountant local IRS service center furnished possibility the program will be dis- and is responsible for the annual the required forms and guidelines to solved. If this does occur, the audit of the program, which reports make application for the tax exempt remaining finances will be used to all findings to the board of direc- status. However, some jurisdictions purchase equipment for area law en- tors. The first vice president also could employ a local attorrrey with forcement agencies. cosigns with the president and the necessary expertise or a district One major concern for poten- second vice president all disburse- attorney with extensive civil law ex- tial members was the issue of ments to law enforcement for in- perience to process the tax-exempt liability to officers or members of dividual operations and projects. application. the corporation. However, members are assured that because they have no control over how a police opera- ,~i ¸• • • tion is conducted, they have no responsibility, and this is conveyed aa to both the police ani:l the B.L,O,C. is paying big corporation's membership. dividends for law Operations ,enforcement and the Affording contributors an op- community. portunity to designate how funds are used is one of B.L.O.C.'s major strengths. However, most donations are pooled and spent at the discretion of the board of directors. Members are advised that the : King is an administrative assistant in the monies are directly used to fight or- eber County, Utah, Attorney's Office. ganized criminal activities (but not

22 / FBI Law Enforcement Bulletin for officers' salaries) or to provide local law enforcement officers at an been allowed to continue, thereby specialized training to law enforce- annual banquet for exceptional permitting major organized crime ment personnel. deeds and accomplishments. Many figures to be identified and charged. To request assistance, the city, county, State, and Federal offi- Over the past 2 years, B.L.O.C. commanding officer of an under- cials attend the awards banquet to assisted Weber County police agen- cover operation contacts the presi- honor officers for their outstanding cies with undercover operations dent. In the majority of cases, the work. The extensive media resulting in over 80 felony arrests, request is usually for extra finances. coverage provided these events the recovery of over $80,000 in But requests have also been made also garners community support for property, and seizures of over for equipment, vehicles, safe house B.L.O.C. and law enforcement. $100,000 worth of illegal drugs. locations, or other services that the In Weber County, B.L.O.C. corporation's membership can pro- Accomplishments demonstrates that law enforcement vide. There is no limit to the amount B.L.O.C. is paying big and the private sector can work or types of lawful donations that the dividends for law enforcement and together to combat the criminal ele- membership can provide. the community. Because of ments that plague their community. Another important facet of B.L.O.C., many undercover opera- LEB B.L.O.C. is the recognition given to tions that would have ceased have

Major Art Thef

On June 26, 1989, two Jean- Bapfiste Lallemand paintings valued at approximately $80,000 were stolen from an art gallery in New York City. Any infom~ation c0nceming this theft Should bedirected to.the

NY-185901. Youmay alsocon- tact the National Stolen Art File, FBI Laboratory, Washington, D,C., at (202)324-4434.

June 1990 / 23 + .... , ; ,, , The Bulletin Reports

Police Vehicle C.O.P.S. Handbook Revised

Selection Concerns of Police Survivors agencies following such a tragedy. (C.O.P.S.) publishes a handbook This 16-page handbook has recent- Police fleet managers seek- to assist law enforcement agencies ly been adapted for use by fire- ~b!Yi ing economy and appropriate and family members to deal with fighting/public safety agencies. features can use the latest version the trauma of officers killed in To obtain a free copy of of AutoBid, a computer software ~+, the line of duty. The handbook, the revised handbook, write to program that grades potential fleet Support Services to Surviving C.O.P.S., 9423-A Marlboro Pike, acquisitions on a variety of per- Families of Line-of-Duty Death, Upper Marlboro, MD 20772, or formance standards. The program )::+~+ covers the many issues that must call 1-301-599-0445. incorporates test scores published :.: be addressed by families and annually by the Michigan State Police Department on the dynamics, acceleration, speed, ....~i!,~+;~:i i~i!~ ~ii ! , ~,+ braking, and fuel economy of vehicles on the market. The software program helps the user Technology Assessment Program combine these test scores with bid prices to determine the lowest cost Ineffective equipment special publications. Second, with threatens officer safety. To help NIJ funding, the Law Enforcement for needed performances. ++ Developed at the National In- ++ agencies avoid purchasing failure- Standards Laboratory of the Na- stitute of Standards and Technol- . prone equipment, the Technology tional Bureau of Standards ogy (NIST), AutoBid (version 2.0) Assessment Program (TAP) of the develops minimum performance National Institute of Justice (NIJ) standards and conducts research is the first major upgrade to the 4: original AutoBid program now evaluates products used by law en- on new technology. Third, the used by over 450 police depart- forcement. TAP develops stand- TAP Information Center (TAPIC) ments. AutoBid, developed for ards, tests equipment, and issues publishes equipment performance +<, the National Institute of Justice as reports about products that are reports documenting test results part of its Technology Assessment ,:21 most critical to law enforcement, and issues consumer product lists Program, runs on most personal +I,i such as soft body armor, weapons, of equipment that complies with computers using either a floppy handcuffs, patrol cars, and com- NIJ standards. disk or the hard drive. +;N munications equipment. To obtain program publica- Copies of AutoBid are avail- NIJ created three program tions or information about pur- able to interested police depart- components of TAP. First, more chasing equipment, write to merits from the Law Enforcement than 40 nationally recognized TAPIC, Box 6000, Rockville, MD Standards Laboratory, NIST, criminal justice practitioners from 20850, or call 1-800-24-TAPIC. Bl16 Polymer Building, Federal, State, and local agencies For callers in Maryland and the Gaithersburg, MD 20899, the assess equipment needs and assist Washington, D.C., metropolitan telephone number is 1-301-975- ~(i:,i in setting priorities for the develop- area, the number is 1-301-251- 2757. ment of equipment standards, 5060. guides, test reports, and other

iJii o !: : : : •

Criminal Justice Preliminary 1989 Crime Statistics

Costs Analysis ~? The number of serious crimes reported, motor vehicle crimes known to law enforcement theft increased 9 percent and The National Institute of rose 3 percent nationwide from larceny-theft, 2 percent. Both Justice (NIJ) has prepared a :~ii~ 1988 to 1989, according to pre- burglary and arson declined 2 research report describing a :~ liminary Uniform Crime Report- percent. methodology for estimating the ~:, ing statistics. Based on an index Each of the Nation's four unit costs of steps in the criminal !? of selected offenses, Uniform geographic regions recorded in- justice process. The manual, Crime Reporting figures measure creases in the Crime Index total. What Price Justice? A Handbook changes in the level of crimes The Southern and Western States for the Analysis of Criminal Jus- ,' reported across the country. The each reported increases of 3 per- tice Costs, takes the reader on an 1989 figures represent the fifth cent, while the Northeastern and analytical tour of the criminal jus- 2 consecutive increase in the FBI's Midwestern States registered 2- tice structure, illustrating the inter- annual Crime Index total. The pre- percent rises. Cities with popula- dependence of the various parts of vious increases were 5 percent in tions over 50,000 showed a 3- the criminal justice system and !i~ 1985, 6 percent in 1986, 2 percent percent increase in Crime Index showing how this interdependence in 1987, and 3 percent in 1988. offenses reported to the police. affects costs. Both violent and property The suburban and rural areas, as The techniques and informa- ;.i ~ crime totals rose in 1989. Violent well as cities outside metropoli- tion included in this research crime was up 5 percent, while a 2- tan areas, recorded 2-percent report can be used by planners and • percent increase was recorded for increases. budget analysts, as well as by property crimes. Among the Source: FBI press release, policymakers or anyone interested violent crimes, robbery showed "Crime Trends, 1989 over 1988," in the magnitude of criminal jus- the largest increase, 7 percent. Uniform Crime Reporting Section, tice costs. The manual provides Murder rose 4 percent; aggravated Federal Bureau of Investigation, national baseline information assault, 5 percent, and forcible Washington, D.C. using a large-scale analysis of total rape, 1 percent. Of the property offender processing costs and a shorter analysis of such issues as jail day costs, hourly rates for ..... i . :;ii! ;iii!il detectives, and costs of prosecutors, to name a few. The Bulletin Reports, a collection of criminal justice studies, reports, Copies of the manual can be and project findings, is written by Kathy Sulewski. Send your material for obtained from the National consideration to: FBI Law Enforcement Bulletin, Room 7262, J. Edgar Criminal Justice Reference Ser- Hoover Building, 10th & Penn. Ave., NW, Washington DC 20535. vice by calling 1-800-851-3420. (NOTE: The material presented in this section is intended to be strictly For callers in Maryland or the an information source and should not be considered as an endorsement by Washington, D.C., metropolitan the FBI for any product or service.) area, the number is 1-301-251- 5500. Request document number NCJ 106777. I-~qqoo

DNA Testing and the Frye Standard

By ROBERT A. FIATAL, J.D.

he ability to identify a cer- such as rape, homicide and ag- Comparisons and conclusions tain individual as the per- gravated assault. The results of based upon this scientific technique T petrator of a specific DNA examinations can effectively are strong, if not overwhelming, criminal act through DNA analysis rebut alibi defenses, corroborate the proof of guilt, and prosecutors, in- and comparison is undoubtedly a accuracy of what otherwise might vestigators, and forensic scientists revolutionary investigative proce- be questionable eyewitness iden- should anticipate strong defense ob- dure for law enforcement. This tification, and correspondingly jections to the admission of such technique, which isolates and produce more guilty pleas.2 Con- testimony at trial. Therefore, all ex- measures the variations in the DNA versely, it can exonerate the in- amined specimens must be obtained structure of unknown blood or nocent.3 For this procedure to be in compliance with constitutional semen and compares those varia- truly effective in the criminal justice standards and maintained in a man- tions with the variations in the system, however, expert opinions ner that precludes contamination criminal Suspect's DNA,I possesses and conclusions based upon DNA and assures a strict chain of custody particular value in the investigation identification must be admissible in for later authentication and iden- and prosecution of violent crimes, criminal prosecutions. tification. Moreover, since con-

26 / FBI Law Enforcement Bulletin clusions from this sophisticated test- plied this test of admissibility to tes- mined that trial courts in that State ing process are based upon what timony relating to the then new should consider the following fac- some courts have viewed as the rela- technique of voiceprint or tors when assessing the relevancy of tively novel application of scientific spectrographic identification. Be- evidence based upon a new scien- techniques and procedures to foren- cause that expert testimony was tific approach: l) The testifying sic science, the law enforcement found by the court to be relevant and expert's qualifications; 2) the exist- community should be prepared to not overly prejudicial, it was ad- ence of specialized literature about satisfy specific admissibility re- mitted. the procedure; 3) the use of the pro- quirements not normally associated Most jurisdictions, however,._ cedure; 4) its potential for error; and with the introduction of other types apply the more stringent Frye stand- 5) its general acceptance in the of expert testimony. ard when judging the admissibility relevant scientific community.9 The purpose of this article is to of evidence derived from a relative- Accordingly, prosecutors, acquaint the police officer, ly new scientific procedure. Based forensic scientists, and law enforce- prosecutor, and forensic scientist on the decision in Frye v. United ment officers in all jurisdictions with these anticipated admissibility States, 6 these courts also require should be prepared to satisfy the requirements in order to assist them that the theory underlying the tech- Frye prescription when 7intro- in their law enforcement and nique, as well as the technique itself, ducing evidence concerning the prosecutorial functions. One should be generally accepted or commonly results of DNA examinations, even remember, however, that the ability recognized by scientists in the though their particular jurisdictions to meet these requirements is almost relevant scientific community.7 may not specifically adopt the Frye entirely dependent upon the ability Most courts that use the relevancy standard. of expert witnesses to convince the standard also deem the general ac- courts, through their testimony, that ceptance or common recognition of The Frye Standard these conditions have been fulfilled. a technique to be important factors In Frye, the U.S. Court of Ap- It is also incumbent upon these ex- in determining if evidence is peals for the District of Columbia perts to convince the courts that relevant.8 For example, the Circuit reviewed the admissibility the procedures used in a particular Supreme Court of Oregon deter- of evidence based upon a relatively case were conducted in a reliable manner.

Admissibility of Novel Scientific Evidence When assessing the admissibility of novel scientific evidence, some courts limit their review to the application of the traditional eviden- tiary test of relevancy. Under this test, scientific evidence is admissible if the testifying expert is duly qualified, the expert's opinion is relevant and will assist the fact finder, and the testimony is not so prejudicial as to outweigh its proba- tive value. 4 For example, in United States v. Ballet,5 the U.S. Court of Appeals for the Fourth Circuit ap-

June 1990 / 27 primitive polygraph technique and To meet the Frye standard, the agreement by a "substantial section ruled as follows: scientific theories and techniques of the scientific community ''16 "Just when a scientific prin- must be generally accepted in the rather than one that is universal. 17 ciple or discovery crosses the specific scientific community or In this regard, prosecutors line between experimental and field to which they belong. In deter- planning to use DNA comparisons demonstrable stages is difficult mining the appropriate or relevant at trial should expect to encounter to define. Somewhere in this scientific community, courts will opposition to the common recogni- twilight zone the evidential generally not consider the entire tion of DNA testing procedure force of the principle must be spectrum of scientists. They will in- through the testimony of defense recognized, and while the court stead only consider those scientists experts. However, this divergent will go a long way in admitting "whose scientific background and testimony does not necessarily expert testimony deduced from training are sufficient to allow them mean that the DNA technique is not a well-recognized scientific to comprehend and understand the generally accepted. Courts embrac- principle or discovery, the thing [involved scientific] process and ing the Frye standard generally from which the deduction is form a judgment about it. ''12 The recognize that "a degree of scien- made must be sufficiently estab- scientists will most often be limited tific divergence of view is in- lished to have gained general ac- to those who have had direct ex- evitable."18 It is the overall degree ceptance in the particular field perience with the questioned scien- of divergence in opinion in the in which it belongs." 10 tific procedure,~3 or at least scien- relevant scientific community Applying this standard, the court tists who "would be expected to be which is significant, if not crucial, in found that the questioned poly- familiar with its use." 14 determining if the involved scien- graph procedure had "not yet Once the appropriate scientific tific process is generally accept- gained such standing and scientific community is determined, the court able. 19 Prosecutors attempting to recognition among physiological must also decide if the questioned meet both of these aspects of the and psychological authorities as procedure, technique, and principles Frye standard must rely almost ex- would justify the courts in admitting are generally accepted within that clusively upon expert testimony to persuade the court that the DNA testing procedure used is generally accepted in the appropriate scien- The results of DNA examinations can tific circle. They will also have to effectively rebut alibi defenses...and rely upon these same witnesses to correspondingly produce more guilty pleas. convince the court and jury that the procedure was effectively and 99 properly applied. Contemporary Court testimony deduced from the dis- community. The Frye decision, as Acceptance of DNA Testing covery, development, and experi- well as most of the decisions of Numerous courts, to include ments thus far made." 11 Therefore, other Federal and State courts that several at the appellate level, have in order for the government to intro- have adopted the Frye standard, assessed the admissibility of expert duce conclusions and opinions give little if any guidance as to what conclusions based upon the DNA based upon a novel scientific proce- is sufficient general acceptance. identification process. Courts to dure or technique, it must meet the Those courts generally agree, how- date have carefully considered the Frye standard by establishing that ever, that the Frye standard does not expert testimony of scientists from the technique and the principles be- require unanimity of agreement in the fields of molecular biology and hind it are generally accepted in the the applicable scientific field.15 In- genetics and consistently agreed relevant scientific community. stead, the Frye standard requires an that the principles underlying the

28 / FBI Law Enforcement Bulletin DNA technique are universally ac- characteristics of the suspect's sufficient quality for testing. The cepted.20 It is commonly recognized blood. laboratory had conducted proficien- in all scientific disciplines that cells The Cobey court relied upon cy testing to ensure the skill of its with nuclei contain DNA and that the testimony of the government's examiners and studies to confirm the structure of this DNA is dif- five expert witnesses, including im- the lack of degradation effects upon ferent in all individuals except iden- partial scientists from the academic DNA characteristics due to age, tical twins. Based on such expert and research communities, to con- heat, humidity and light. testimony, these courts have also, The Supreme Court of Vir- without exception, recognized that ginia in Spencer v. Common- certain DNA testing protocols are wealth25 and a Florida court of generally accepted as producing ...prosecutors, appeals26 applying the relevancy reliable and accurate results that investigators, and standard have also approved the ad- satisfy both the Frye and relevancy mission of conclusions based upon standards of admissibility. More- forensic scientists this DNA testing procedure. These over, the overwhelming majority of should anticipate courts specifically relied upon the these courts have determined that strong defense acceptance and application of the these procedures were properly objections to the DNA testing procedure in diagnos- employed by the testing laboratory. tic medicine for a lengthy period of For example, in Cobey v. admission of such time, the existence of specialized State, 21 a Maryland court of appeals testimony at trial literature supporting the technique, upheld the admission of identifica- and the unchallenged agreement tion testimony based upon the DNA among the testifying scientists that analysis performed by Cellmark incorrect procedure would render an Diagnostics, a private testing clude that the procedures used were inconclusive result rather than a laboratory. Using the procedure generally accepted, satisfied the false match.27 These courts also known as restriction fragment Frye standard, and were reliably concurred that the private testing length polymorphism, the administered.22 The court further laboratory had used the proper laboratory perceived a match be- found that the laboratory used ac- standards when determining the tween the defendant's blood and ceptable criteria for formulating the statistical likelihood of a random semen stains found on the undergar- minuscule chances of the match oc- match. ments of the victim of a sexual as- curring randomly. 23 Despite this overwhelming sault. This complex testing proce- Although not an appellate judicial acceptance of DNA iden- dure basically includes the follow- opinion, a New York trial court tification, two courts, agreeing that ing steps: 1) Extracting or recover- similarly considered the propriety DNA typing by restriction fragment ing the DNA from the evidence; of the restriction fragment length length polymorphism is generally 2) fragmenting or splitting this polymorphism procedure used by accepted in the applicable scientific DNA by restriction enzymes; 3) another private laboratory, disciplines, have criticized the man- marshaling these fragments through Lifecodes Corporation. In People v. ner in which the technique was the scientific process of gel Wesley, 24 the court, after an exten- employed. In both instances, the electrophoresis; 4) transferring the sive hearing, was convinced by the courts concluded that the testing fragments to a membrane by blot- testimony of independent experts procedure used was questionable, ting; 5) detecting special segments that every step of that laboratory's rendering results inadmissible. by introducing radioactive probes; protocol was generally recognized In one decision, the Supreme and 6) producing the autoradio- as accurate and reliable. The court Court of Minnesota acknowledged graph, which is a photographic was also satisfied that appropriate the scientific acceptance of DNA image of these special segments controls were instituted to assure testing, but cautioned that the "ad- used for comparison with the DNA that the examined samples were of missibility of [DNA] test results in a

June 1990 / 29 particular case hinges on the of DNA identification theory in the because the defendant subsequently laboratory's compliance with ap- scientific world and the general ac- pled guilty to the charged homicide. propriate standards and controls.' '2s ceptance of DNA identification The court concluded that deficien- techniques which are capable of Conclusion cies in the private laboratory's producing reliable results. It further Properly employed DNA protocol disallowed admission of its acknowledged that failure to per- identification procedure has been judicially acknowledged as meeting admissibility standards. The law enforcement community can confi- It is the overall degree of divergence in dently employ it in criminal inves- opinion in the relevant scientific community tigations and prosecutions. How- ever, strong defense objections to its which is significant, if not crucial, in admission at trial should be an- determining if the involved scientific process ticipated. Accordingly, whether is generally acceptable. courts apply the Frye test or the seemingly less restrictive relevancy standard, complete cooperation between the prosecutor, law enforce- test results. The court specifically form this protocol in a scientifically ment officer, and government ex- criticized the private testing acceptable manner would normally pert is absolutely necessary to facility's failure to conduct or refer only effect the weight of any prepare for the admissibility of to experimental studies supporting rendered conclusions and not their DNA testing results. the methodology used, and the lack admissibility. Prosecutors should become of publication of those studies and However, the trial court deter- familiar with the DNA identifica- their results for peer review and mined that the laboratory was tion process by reviewing available analysis. The court also questioned remiss in certain portions of its test- material explaining the technique.31 the laboratory's unwillingness to ing, casting doubt about the Prosecutors should devote sufficient provide to the defendant specific in- reliability of its conclusion that the time prior to discovery and trial to formation about its testing proce- blood on the watch was that of the discuss the DNA' procedure used dure and methodology. 29 victim. These errors included the and proposed testimony with ex- In a highly publicized laboratory's failure to: 1) Follow perts, including the laboratory ex- decision, a New York trial court also specialized procedures for resolving aminer and independent impartial questioned the procedure used by ambiguities that could be attributed scientists who can corroborate the another private laboratory and chal- to contaminated materials or acceptance and reliability of the lenged earlier findings that faulty degraded samples; 2) use a general- testing protocol. These experts procedure could not render a test ly accepted control in one experi- should be prepared to apprise the unreliable. In People v. Castro,3O ment; and 3) objectively quantify prosecutor of their expert qualifica- blood stains found on the the readings of the produced tions, including their academic and defendant's watch were compared autoradiographs. Accordingly, the professional backgrounds. The ex- with the defendant's blood and the court found it necessary to exclude perts should also be prepared to ex- homicide victim's blood through this conclusion. However, because plain in comprehensible terms the restriction fragment length scientific methods to determine that DNA testing process, its underlying polymorphism. The examiner con- two DNA samples do not match are principles, and its application to the cluded that the blood on the watch •less complex and were performed comparison made in that particular was not the defendant's but was in- reliably, the court admitted the con- case. They should similarly refer to stead the victim's. After conducting clusion that the defendant's blood any tests they or others have con- an extensive Frye hearing, the court was not the blood on the watch. The ducted which validate the DNA test- recognized the complete acceptance court's decision was not appealed ing technique and the dissemination

30 / FBI Law Enforcement Bulletin of the results of those tests for peer ment," FBI Law Enforcement Bulletin, vol. 57, 13 See People v. Young, 391 N.W.2d 270 No. 8, August 1988, pp. 1-5. (Mich. Sup Ct. 1986). review and comment. They should 2 See People v. Castro, 545 N.Y.S.2d 14 People v. Williams, 331 P.2d 251,254 also inform the prosecutor of other 985 (N.Y. Sup. Ct., Bronx County, 1989). (Cal. Ct. App. 1958). 3 Of the DNA examinations performed 15 See People v. Middleton, 429 N.E.2d scientists who have recognized the by the FBI's DNA Analysis Unit which have 100 (N.Y. Ct. App. 1981). validity of this technique and be resulted in a conclusion, approximately 30 per- 16 United States v. Williams, 443 prepared to testify about those cent have excluded the suspect. Telephone in- F.Supp. 269, 273 (S.D.N.Y. 1977). terview with SA Lawrence A. Presley, DNA 17 See United States v. Zeigler, 350 scientists' studies, writings and pub- Analysis Unit, Laboratory Division, FBI, March F.Supp. 685 (D.D.C. 1972). lications that support the employed 2, 1990. 18 Commonwealth v. Lykus, supra note methodology. 4 See United States v. Downing, 753 7, at 678 n. 6. F.2d 1224 (3d Cir. 1985); United States v. 19 See Reed v. State, supra note 7; The prosecutor and scientist Brown, 557 F.2d 541 (6th Cir. 1977); United People v. Barbara, 255 N.W.2d 171 (Mich. should also discuss the anticipated States v. Bailer, 519 F.2d 463 (4th Cir. 1975); Sup. Ct. 1977). 2o Trial courts have admitted con- testimony of any expected defense State v. Brown, 687 P.2d 751 (Or. Sup. Ct. 1984); State v. Hall, 297 N.W.2d 80 (Iowa Sup. clusions based upon DNA analysis by ex- experts in order to prepare for ap- Ct. 1980); State v. Williams, 388 A.2d 500 (Me. aminers from the FBI on over 50 occasions. propriate cross-examination and Sup. Ct. 1978). Telephone interview with SA Lawrence A. Pres- 51d. ley, DNA Analysis Unit, Laboratory Division, rebuttal. Finally, they should ac- 6293 F. 1013 (D.C. Cir. 1923). FBI, March 2, 1990. quaint themselves with those court 7United States v. Tranowski, 659 F.2d 21 559 A.2d 391 (Md. Ct. Spec. App. decisions that have criticized the 750 (7th Cir. 1981); United States v. Kilgus, 1989). See also Yorke v. State, 556 A.2d 230 571 F.2d 508 (9th Cir. 1978); United States v. (Md. Ct. App. 1989) and State v. Woodall, 385 way in which the DNA testing pro- McDaniel, 538 F.2d 408 (D.C. Cir. 1976); S.E.2d 253 (W. Va. Sup. Ct. 1989). (Incon- cedure was performed and be United States v. Alexander, 526 F.2d 161 (8th clusive DNA tests, although generally accepted in the scientific community, conducted after prepared to explain to the trial court Cir. 1975); State v. Temple, 273 S.E. 2d 273 (N.C. Sup. Ct. 1981); Reedv. State, 391 A.2d trial not grounds for new trial.) the reliability of the testing proce- 364 (Md. Ct. App. 1978); People v. Tobey, 257 22 Maryland now statutorily allows the dure used. N.W.2d 537 (Mich. Sup. Ct. 1977); Common- admission of conclusions based upon DNA testing. 1989 Md. Laws Ch. 430. In the final analysis, a court's 23 The court specifically found that the decision to admit the results of DNA number of samples used to devise the database testing rests, in most jurisdictions, for calculating these figures was within general- Courts to date ly accepted scientific criteria. upon the application of the Frye 24 533 N.Y.S.2d 643 (N.Y. Sup. Ct., Al- standard to the testimony of the ex- have...consistently bany County, 1988). See also People v. Shi Fu Hung, 546 N.Y.S.2d 920 (N.Y. Sup. Ct., Nassau pert witnesses. It is expected that agreed that the County, 1989). after a reasonable period of ap- principles underlying 25 384 S.E.2d 775 (Va. Sup. Ct. 1989); propriate appellate review, all juris- 384 S.E.2d 785 (Va. Sup. Ct. 1989) (the defend- the DNA technique are ant was convicted of two incidents of murder in dictions will recognize the scientific separate trials). acceptance of the DNA technique. It universally accepted. 26 Andrews v. State, 533 S.2d 841 (Fla. will still be necessary, however, to Ct. App. 1988); see also Martinez v. State, 549 So.2d 94 (Fla. Ct. App. 1989). convince courts that proper protocol 27 See also Cobey v. State, supra note 21 and People v. Wesley, supra But see/" was followed in a particular case. wealth v. Topa, 369 A.2d 1277 (Pa. Sup. Ct. note 24. People v. Castro, supra note 2. Success ultimately depends on the 1977); People v. Kelly, 549 P.2d 1240 (Cal. 28 State v. Schwartz, 447 N.W.2d 422, ability of the expert witnesses to ex- Sup. Ct. 1976); Commonwealth v. Lykus, 327 N.E.2d 671 (Mass. Sup. Ct. 1975). For a 428 (Minn. Sup. Ct. 1989). plain to the court the scientific detailed discussion of the current status of the 29 Minnesota statute now requires the ap- Frye standard, see Gianelli, "The Admissibility plication of the relevancy standard in determin- validity of the DNA process used ing the admissibility of DNA testing. Minn. of Novel Scientific Evidence: Frye v. United and the particular conclusion or Stat. Sec. 634.25 (1989). States, A Half-Century Later," 86 Colum. L. identification made. Rev. 1198 (1980). 30 Supra note 2. _EE 31 For detailed discussions of the DNA 8 United States v. Downing., supra note 4; United States v. Brown, supra note 4; State v. identification process, see John W. Hicks, "DNA Profiling: A Tool for Law Enforce- Brown, supra note 4. ment," supra note 1; and Thompson and Ford, Footnotes 9 State v. Brown, supra note 4. For a more thorough explanation of the lO Supra note 6, at 1014. "DNA Typing: Acceptance and Weight of the DNA identification process, see John W. Hicks, I1 ld. at 1014. New Genetic Identification Tests," 75 Va. L. "DNA Profiling: A Tool for Law Enforce- 12 Reed v. State, supra note 7, at 368. Rev. 45 (1989).

June 1990 / 31 '°r ? :, '° 5Ve2• ,e ~} >7 g >,. !;, &v :~e ,=, ~,}

FBI Law Enforcement Bulletin Author Guidelines

The FBI Law Enforcement Government Printing Office which are used to advertise a Bulletin is an official publication Style Manual and/or The product or a service will be of the Federal Bureau of Investiga- Chicago Style Manual. rejected. tion and the Department of Justice. Photographs And Graphics • Query Letters: The Editor suggests that authors submit General Information A photograph of the author a detailed one- to two-page • Frequency ofpublication: should accompany the manuscript. outline before writing an Monthly Other suitable photos and illustra- article. This is intended to tions which support the text and as- • Purpose: To provide a help authors but does not sist reader comprehension should forum for the exchange of in- guarantee publication of the also be furnished. Black and formation to improve the law article. enforcement profession. white glossy prints reproduce best. In addition, special effort should • AuthorNotification: Receipt • Audience: Members of the be made to obtain high quality, of manuscript will be con- criminal justice profession, black and white or color glossy firmed. Letters of accept- but primarily law enforce- photographs, vertical format, for ance or rejection will be sent ment managers. possible use as a cover. Local following review. Articles accepted for publication Manuscript Specifications newspapers and magazines are often excellent sources for such cannot be guaranteed a [] Length: 1,000 to 3,000 photos; however, permission to publication date. words or 5 to 12 pages reprint is required from the photog- double-spaced. • Copyright: Because the rapher or company. If such photos Bulletin is a government pub- [] Format: All manuscripts are available, please include the lication, materials published should be double-spaced and newspaper or magazine title and a within it are not copy- typed on 81/2" by 11" white photocopy of the photo with the righted. paper. All pages should be manuscript: numbered and three copies • Editing: The Bulletin re- should be submitted for Publication serves the right to edit all review purposes. Where • Basis for Judging manuscripts. possible, floppy disks using Manuscripts: Manuscripts Submission WordPerfect should be sub- will be judged on the follow- Authors may contact the mitted with typed manu- ing points: factual accuracy, Special Agent coordinator for script. References need only style and ease of reading, police training at the nearest FBI be used where the exact structure and logical flow, field office for help in submitting words are taken from another length, relevance to articles or manuscripts may be source or where the idea or audience, and analysis of in- forwarded directly to: concept reported was first formation. Favorable con- Editor, FBI Law Enforce- presented by the source sideration will generally not ment Bulletin, Federal Bureau named and is not widely be given to an article that has of Investigation, Room 7262, known. been published previously or 10th and Penna. Ave., NW, which is being considered by • Writing Style and Grammar: Washington, D.C. 20535. The Bulletin follows the another magazine. Articles The Bulletin Notes , i ~ii ,: i i

~,~:~ ~ ~ ~i~'~:~ i ¸¸ ~ i! i ~ i~ i~ ¸ /~ ii ~ ii ' !!ii ¸¸ ~ ~ ~¸¸ :i i~i ~¸I ...... i~w Anfnrn~m~ht nffir_~r~ ~rA r.h~ll~nhAH rl~ilv in th~ n#ffnrm~n~A nf thtqir dutieS; they face :nstances their aiso ~a~tS to : ~ U.S. Department of Justice Second Class Mail Federal Bureau of Investigation Postage and Fees Paid Federal Bureau of Investigation ISSN 0014-5688

SENIOR POLICE SPECIALIST, C [4 NAIIONAL::::CRIME;JUS[:I~[E ~ Washington, D.C. 20535 REFERENCE SER¥ICE BBX 6000: Official Business RBCK¥ILLE NO 20B50 Penalty for Private Use $300 Address Correction Requested

Superintendent of Documents Subscriptions Order Form Order Proeessin~ Code S3 *5079 Charge your order. ~~ It's easy/ [] ][ lt5~ please send me __ subscriptions to FBI LAW To fax your orders and inquiries-(202) 275-0019 ENFORCEMENT BULLETIN, List ID is FBIEB, at $14 each per year ($17.50 foreign).

The total cost of my order is $_ Prices include regular domestic postage and handling and are subject to change.

Please Choose Method of Payment: (Company or personal name) (Please type or print) [] Check payable to the Superintendent of Documents [] GeO Deposit Account I I I I I I I-[B (Additional address/attention line) [] VISA or MasterCard Account (Street address) Illlllllllllllll IIll Thank you for your order/ (City, State, ZIP Code) (Credit card expiration date) ( ) (Daytime phone including area code) (Signature) Mail To: Superintendent of Documents, Government Printing Office, Washington, DC 20402-9325 L