Powers On Policing

Bryan Kohberger’s lifesaving plea has been accepted and he now resides in the care and custody of the Idaho corrections system. Presumably, for the rest of his life. He was not asked, nor did he volunteer a statement with an explanation or motive for the attacks, nor did he disclose the whereabouts of the weapon(s) and/or other evidence, nor did he offer any apologies or comfort to the surviving f...

In Part 2 of the discussion, Bill addresses how Bryan Kohberger used the Idaho death penalty statute to his advantage and eluded a jury decision that could have resulted in his death by a firing squad. Idaho, like most states with a death penalty statute relies on a bi-furcated trial system where the juries are tasked with two distinctly different responsibilities; 1) Determine if the defendant is...

There is no crime as alarming as the report of vicious, unexplained homicide. Multiply that by four, and learn that the victims are all college students and their community is a small town where acts of violence are rare. Add that the victims were butchered with a knife and the killer is unknown, and remains at large.  Bring on the helicopters, cameras and bright lights that always come with inten...

The 4th Amendment protects people from “unreasonable searches” by government officials. All other searches require a search warrant. How does a judge determine what is reasonable and what is not, and when is a warrant required to search? In the 1967 decision of Katz vs the United States, SCOTUS developed a seemingly simple test: Does the person(s) have a “reasonable expectant right of privacy”? A...

In this episode, Bill and Jordan begin a thorough examination into the complex subject and nature of investigative searches and seizures.  The 4th Amendment to the U.S. Constitution prevents government officials from conducting “unreasonable searches and seizures”. Under general circumstances, the laws of each state require there be a warrant, approved and signed by a judge or clerk of court, befo...

The “weight of evidence” in a criminal trial does not refer to quantity. It is about the relevancy, credibility and persuasiveness to convince one side’s argument over the other. It is about the strength and reliability of what is presented, and the overall impact, not the total number of pieces of evidence presented.  In this episode Bill and Jordan delve into what is, what isn’t, and what may be...

Bill and Jordan return after a short winter break and pick up where they left off. Opening with a short recap of the last two episodes, they speak of the differing roles and responsibilities of first responders at crime scenes. Bill offers some insight into their reactions to the unique and unexpected realities presented with each event and crime scene.  Criminal investigations and prosecutions bo...

Nothing elevates a police officer’s blood pressure quicker than a radio call dispatching them to a potentially violent crime scene. Thoughts of a swift and safe arrival are quickly overridden with cares and concerns of what they may encounter on arrival, and how they may best deal with all of it.  Listen as Bill and Jordan discuss a wide-ranging and endless list of potential scenarios and police a...

Characterizing someone based solely on their choice of clothing says more about you than it does them. This is especially true when talking about police officers who dress for work in a distinct, identifying uniform prescribed, designed, and mandated by the authority who employs them. The uniform defines the profession, not the person wearing it. In today’s episode Bill and Jordan begin with gener...

Have you ever considered or been curious about the substantial differences in the standard of proof in a criminal vs. civil court action? Why does one require the heavier burden of proof of “beyond a reasonable doubt” and the other simply a finding of a “preponderance of the evidence”? Likewise, why are the rules for the admission of evidence in a criminal trial stricter than they are in a civil a...

This week’s episode is the first in an all-encompassing series of conversations about criminal investigations and criminal court proceedings. The information provided throughout the series will be thorough, exhaustive, and accurate. Each episode will follow the progress of criminal cases from the reported criminal act through a police investigation, into the criminal court system and end with a ju...

The encouragement and allowance of peaceful protest and free speech is a cornerstone of the United States Constitution and is solidified in the First Amendment. Our nation was created from political dispute with England, and angry protests and fiery speeches energized the rebellion. Now, almost 250 years later, political disputes, speeches and demonstrations are once again front and center. Like a...

This episode concludes the discussion about the mass murder in Wakefield MA. on December 26, 2001. Previously, Jordan and Bill led listeners through an exhaustive examination of the investigative process and the legal challenges that led up to the trial of Commonwealth vs. Michael “Mucko” McDermott. Today they focus on the trial in general and distinguish the differences in trial methods and proce...

A defendant always has the presumption of innocence, and the prosecution always carries the burden of proving their case “beyond a reasonable doubt”. The burden is high because the stakes are as well. In a murder conviction, the defendant could lose their freedom for the remainder of their natural life. So, the preparation work leading up to a trial is enormous and needs to be on point. In this we...

We continue our review of the mass murder in Wakefield and focus on the importance of protecting the crime scene in the original condition, preserving it from additional contamination, before documenting and meticulously collecting all of the evidence for additional testing at the crime lab and beyond.  Bill addresses the strict judicial interpretations of the 4th Amendment regarding search and se...

Every death investigation presents unforeseen and unpredictable issues and complications. Each requires immediate, but considered decision making to restore order and safety, preserve the crime scene(s), summon the needed practitioners to assist, all the while keeping out those folks that aren’t central to the investigation. Only then can the next steps be determined and prioritized to move the in...

Every homicide investigation and prosecution is unique and, while there may be similarities to other cases, no two are ever identical. An often-quoted legal principle states “Each case turns on its own facts.” Some cases rely on direct evidence like the defendant’s fingerprints or DNA on the murder weapon or testimony from a surviving victim or eyewitness about their observations. Other cases are...

Growing technological and scientific improvements and their application and benefit in criminal investigations has been extraordinary and at times mind-boggling. But, with the changes come legal, evidentiary challenges to the technology, the science behind it and the expertise of the scientists who test and evaluate the results. Court decisions are definitive and swift and can often change the cou...

Today’s episode launches a new chapter in our podcast series. For the foreseeable future, the focus will be on the investigation and prosecution of homicide cases. Listen as we walk you through a series of cases, taking you from the arrival at a crime scene, through the trial preparation and prosecution of the case. Bill, and our guests, are practitioners with decades of experience and most often...

Join us in this first episode of a new chapter as we transition from a general overview of policing in America today, to an in-depth look at criminal investigations. In many instances the witness interviews and evidence present in a simple, straight-forward manner and result in a quick arrest and prosecution. In other cases, the preliminary information and evidence may be lacking or in dispute, re...

Our guest today is author and retired police officer Frank Scalise. Frank, who writes under the pen name Frank Zafiro, has produced more than thirty novels and countless short stories in the genre of police procedurals. All are authentic, topical, and well written. None are more timely or relevant though than the two we will discuss in this episode. I believe our discussion serves as an exclamatio...

Our conversation continues with retired police superintendent and current college professor, Dr. Paul Joyce.  In this episode, Paul discusses community policing as a philosophy and not a collection of protocols or checklists that are set in stone. He describes it as a way forward by building strong partnerships, to problem solve and improve quality of life in neighborhoods. He talks of the need fo...

Our guest in this episode is Dr. Paul Joyce, a retired Superintendent of the Boston Police Department, and current Assistant Professor and Chair of the Criminal Justice and Criminology Program at Salve Regina University in Newport, Rhode Island.  In any serious conversation about the best methods to generate a meaningful, collaborative effort between police and the communities they serve, Paul sho...

In part two of our interview with retired police chief and recent author Kristen Ziman (Imagining Blue: Thoughts on Life, Leadership, and a New Way Forward in Policing), we focus on recent events and the resultant calls for police reform with an increased expectation of deliverable police services. We discuss the best way for law enforcement to meet those demands as well as the need for a signific...

Kristen Ziman is the boss you always wish you had! Like the legendary example of the kid who started in the mailroom and rose to be company CEO, Kristen started her police career as a 19-year-old cadet and rose through the ranks to become Chief of the Aurora, Illinois Police Department. Listen as she talks about growing up in Aurora, the daughter of a police officer, and why, from the time she was...