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CRIMINAL
PROFILLING AND IT’S RELEVANCE IN THE NIGERIAN CRIMINAL JUSTICE SYSTEM
ABSTRACT
The Nigerian
criminal justice system is not entirely ignorant or unaware of the use and the
merits of the application of criminal profiling as a tool in crime
investigation. However, criminal profiling in Nigeria has not nearly reached
the level of recognition, functionality or institutionalization that it has
attained in other jurisdictions.
This study
aims to increase the awareness, explore the import, feasibility and the
practicality of offender profiling in criminal acts especially those of violent
and sexual nature with particular focus on the Nigerian criminal justice
system. It will also give an expository critique of the loopholes and
impediments in the system and ways criminal profiling can fill up these holes.
The research
methods employed in this study includes a combination of both primary and
secondary sources. These primary sources include various legislations relating
to the criminal justice system in Nigeria and other jurisdictions and countries
most especially the USA and the UK. Legislations such as the Criminal Code, The
Police Act and the 1999 Constitution will be referred to. Secondary sources
include references to textbooks, journals and articles written by leading
authors and scholars in the area of criminal and offender profiling. Online
articles, journals, abstracts and books will also serve as a secondary
information source in this study.
The
effectiveness of this field is greatly highlighted in this thesis with the view
that criminal investigative analysis will be effectively immersed into the
justice system and receive as much recognition as it has in other jurisdictions
especially in the US and in major parts of Europe. The question whether or not
criminal profiling can be absorbed and modified to suit Nigeria is one which
this project attempts to resolve, and if not, why.
CHAPTER ONE:
GENERAL
INTRODUCTION TO CRIMINAL PROFILING
1.1
BACKGROUND TO THE STUDY
“The more
outré and grotesque an incident is the more carefully it deserves to be
examined, and the very point which appears to complicate a case, is, when duly
considered and scientifically handled, the one which is most likely to
elucidate it”1
This
statement made by the world‘s famous fictional detective, Sherlock Holmes, and
his endearing ability to solve crime by describing the perpetrator from factual
deductions is a skill shared by the expert investigative profiler. Evidence
speaks of its own language of patterns and sequences that can reveal the
offender‘s behavioural characteristics. Like Sherlock Holmes, the profiler can
say ―I know who he must be‖.
It is not
uncommon to watch in the news, read in the newspapers or in major documentaries
about serial killers and violent criminals who murder, rape or assault victims
due to certain similar features that the victims all possess or out of certain
distorted motive or intentions. Most serial killers and violent criminals are
psychologically impaired based on a peculiar past experience that make them
seek some form of personal vendetta against persons who look or act like those
that have hurt them in the past or just out of sheer perverse pleasure. These
crimes are committed in peculiar manners with little or no material evidence
linking the offenders to the act making it more difficult for the law
enforcement to apprehend them. Forensic analysts and psychologists over the
years have sought means of identifying such criminals based on their mode of
operation, signature behaviour, target victims and material evidence from
previous crime scenes. This is where the process of criminal profiling is
applied.
Criminal
profiling has been defined in many ways by various scholars based on their
distinct backgrounds and as such, been called many names such as criminal
personality profiling, criminological profiling, behavioural profiling,
criminal investigative analysis2, offender profiling, psychological profiling,
crime scene analysis, socio-psychological profiling and linkage analysis3
1 Sir
Aurthur Conan Doyle, 1901, Sherlock Holmes “The Hound Of Baskervilles‖
2 A term
used by The United States Of America‘s Federal Bureau Of Investigation(FBI)
Behavioural Science Unit
3Labuschagne,
G.N., 2006, “The Use of Linkage Analysis as Evidence in the Conviction of the
Newcastle Serial Murder, South Africa”, Journal of Investigative Psychology
& Offender Profiling, 3(3), 183-191.
1
Despite the
different names, all of these tactics share a common goal: to help
investigators examine evidence from crime scenes and victim and witness reports
to develop an offender description. Holmes states that the major function of
profiling is to assist in the detection of offenders by extrapolating their
personal attributes from information available in crimes.4
Criminal
profiling is the identification of specific characteristics of an individual
committing a particular crime by thorough systematic observational process and
an analysis of the crime scene, the victim, the forensic evidence and the known
facts of the crime. It is acknowledging the skewed validity of the
perpetrator‘s perspective to be able to predict him ―without allowing yourself
to become lost in him and his world‖5. Criminal profiling is a behavioural and
investigative tool that is intended to help investigators to accurately predict
and profile the characteristics of unknown criminal subjects or offenders.6 A
basic premise of criminal profiling is that the way a person thinks (i.e., his
or her patterns of thinking) directs the person‘s behaviour. Thus, when the
investigative profiler analyzes a crime scene and notes certain critical
factors, he or she may be able to determine the motive and type of person who
committed the crime.7 All the information from the crime scene is a reflection
of the criminal‘s behaviour and this behaviour can create a surprisingly
accurate picture of the offender.8 This technique has been used by criminal
psychologists who are experts in this field to examine criminal behaviour and
to evaluate as well as possibly predict the future actions of criminals.
Described as
psychological profiling, it is a method of suspect identification which seeks
to identify a person’s mental, emotional, and personality characteristics (as
manifested in things done or left at the crime scene)9
Criminal
profiling is a relatively new enforcement practice. It newly emerged in the
last two decades and still remains a highly controversial tool.10 It has become
part of public consciousness even though
4 Holmes
R.M, 1989, Profiling Violent Crimes: An Investigative Tool; Thousand Oaks, Sage
Publications.
5 Wayne
Choniki, Of The Arcane Research Group, United States Of America
6 Kocsis R.
N., 2009, Applied Criminal Psychology: A Guide To Forensic Behavioural
Sciences, Charles C Thomas Publisher, 2009, Pp.226
7 Douglas et
al., 1986; Criminal Profiling From Crime Scene Analysis; Behavioural Sciences
and The Law 403. Vol 4, Number 4.8 http://forensic.thedatabase.org/faq.html
Accessed March 21. 2011.
9 Berg
Bruce, 2008, Criminal Investigation, 4th edition.
10 Wilson,
P., Lincoln, R., Kocsis, R. (1999), Validity, Utility and Ethics of Profiling
Serial Violent and Sexual
Offenders.
Retrieved from:
http://epublications.bond.edu.au/hss.pubs/24,/ Accessed December 1st,
2014.
many people
are not really sure what it is and the great majority of people have no idea at
all of how it is done. This ignorance is just as prevalent in professional
circles as amongst the lay public.11 Despite the widespread use of criminal
profiling in serial crime investigations, the practice continues to endure
fierce criticism from researchers, who almost unanimously agree that profiling
lacks scientific foundation and depends on flawed methodology. As a result the
validity and utility of criminal profiling is compromised to the extent where
evidence is not admissible in court, and serious miscarriages of justice are
caused. Profilers are often characterized as being socially alienated
individuals, deeply troubled by their own selfless insights into the minds of
the unknown offenders that they are hunting. This view presented by fiction and
the media not only is completely false but also vehemently misleading.12
The question
whether criminal profiling is a science or an art has been a common topic of
debate by psychologists and experts. It is frequently asserted that profiling
is more art than science, and evidence for its validity is limited. Holmes
reports 1981 FBI data indicating that in 192 cases of profile generation,
arrests were made in 88, but in only 17% of these did the profile contribute to
arrest.13 Canter and Heritage cite more recent FBI claims of 80% accuracy,
although this has been disputed.14 As Canter notes, if psychological profiling
is to achieve a firmer basis than astrology or spiritualism in aiding the
police, ―psychologists need not only to establish the predictive validity of
the process, but also why it works‖.15 There is also a popular myth that
profilers are ‗psychic‘, have special metaphysical and supernatural powers, and
are born with an intuitive gift. Although there is a quiet consensus that
intuition is an asset to the profiler, the rest is basically a myth, untrue.
Turvey dismisses this myth by advocating a discipline that entails the careful
evaluation of physical evidence, collected and properly analyzed by a team of
specialists from different areas, for the purpose of systematically
reconstructing the crime scene, developing a strategy to assist in the
capture16. The contents of this project will however discuss the controversies,
issues and doubts and also highlight the importance and expediency of criminal
profiling.
11 ibid
12
http://forensicvictimology.blogspot.com/2013/07/Criminal-Profiling-Behavioral-Evidence-Analysis.html
13 ibid
14 Blackburn
R., 1993, “The Psychology of Criminal Conduct: Theory, Research and Practice”
Wiley and Sons.
15 Canter,
1989, “Offender Profiling: The Psychologist” 2, 12-16
16Turvey B,
1999, Criminal Profiling: An Introduction To Behavioural Science Analysis, M.S.
San Diego, Academic Press
3
The basic
idea for a profile is to gather a body of data yielding common patterns so that
investigators can develop a description of an unknown suspect. Offender
profiling is grounded in the belief that it is possible to work out the
characteristics of an offender by examining the characteristics of their
offences. It helps investigators examine evidence from the crime scenes and
victim and witness reports to develop an offender description. These
descriptions may include the analysis of psychological variables such as
personality and behaviour patterns, as well as demographic variables such as
age, race or geographic location. Investigators use profiling as a means to
narrow down the suspect pool, or in structuring an interrogation of a suspect
once apprehended.17 It involves the psychology-trained experts using their
knowledge on human behaviour, motivation and patterns to create a
multi-dimensional report. Although it does not provide the specific identity of
the offender, it indicates the kind of person most likely to have committed the
crime by focusing on certain behavioural and personality characteristics.
It should
encompass the integration of material from the crime scene (i.e., blood stain
evidence), witness statements, autopsy findings, photographs, related materials
such as cameras seized at the crime scene, weapons, items used for torture, and
a host of suggestions derived from ―brainstorming sessions‖ with forensic
experts and police detectives.
Criminal
profiling is done by the employment of both tangible and intangible tools. The
tangible tools involve the crime scene, the offender‘s modus operandi (mode of
operation), his signature behaviour, clues he or she may have left behind in
the commission of the offence as well as insight into the possibility of having
more than one person involved in the crime, victimology. Five behavioural
characteristics that can be gleaned from the crime scene include: the amount of
planning that went into the crime, the degree of control used by the offender,
the escalation of emotion at the scene, the risk level of both the offender and
victim, and the appearance of the crime scene (disorganized versus organized)18.
The intangible tools include the profiler‘s intuition, knowledge, experience,
the uncommon ability to objectively get ―into the mind‖ of the criminal and
think like him or her and an analytical mind. This technique might be
considered a ―paper tiger.‖ It can be powerfully aggressive in helping forensic
scientists focus on an investigation, or it can be destructive in leading
investigators astray. At best it is an adjunctive guide to a complete forensic
and criminal investigation and a team
17 ibid.
18 ibid
4 effort.19
The investigator goes through the following steps or phases in the profiling
process: the evaluation of the crime and the criminal act or acts itself;
comprehensive evaluation of the specifics of the crime scene(s); comprehensive
analysis of the victim; evaluation of preliminary police reports; evaluation of
the medical examiner‘s autopsy protocol; development of a profile with critical
offender characteristics, investigative suggestions predicated on the
construction of the profile; and finally, the possible apprehension of the
suspect.
1.2
STATEMENT OF THE PROBLEM
Investigating
violent crimes especially murder can be a very difficult and hopeless process
when there are no experts or trained personnel, biodata databases, Automated
Fingerprint Identification System (AFIS), no DNA database or equipment, and no
modern technological infrastructures.
To many
jurisdictions, a criminal investigation system without these mentioned above
may sound like a place in an epic tale from some time long past, but it is not.
This is the reality in some places such as Nigeria.
The recent
upsurge in violent crimes in Nigeria has created enormous uncertainty in the
security of lives and property of individual and of social stability in
Nigeria. The incidents of traditional crimes such as armed robbery, arson,
murder, kidnapping, rape, hired assassinations and ritual killings are examples
of the most serious and violent crimes, which have been on the increase in the
recent past.
In Nigeria,
many crimes go unsolved because of a lack of adequate equipment and training.
Very rarely do the police take fingerprints, there are no DNA laboratories, and
there is an extreme paucity of forensic and ballistics experts in the country.
With almost 160 million people, Nigeria is Africa‘s most populous nation and
also one of its longest democracies but even Nigerians admit their criminal
justice system is woeful. Many criminals have gone scot free and many innocent
people have been condemned by our justice system because there was no forensic
linkage to the crimes to convict and vindicate them respectively.
19 Ronald
Turco, 2008, Criminal Profile Construction and Investigative Procedures ―Study
of the Westley Dodd Serial
Sexual
Murders” R. N. Kocsis © Humana Press, Totowa, NJ.
5
Experts have
linked the many cases of unsolved crimes that dot Nigeria‘s criminal justice
system to the absence of forensic evidence. Besides inadequate equipment, lack
of regular training has also largely inhabited investigations and the solving
and prevention of crime. The poor training that police officers go through
lacks global competitiveness.
The practice
of psychological profiling remains very much a virgin area and largely
unpopular amongst law enforcement agencies in Nigeria particularly by the
Nigeria Police Force in the course of their various investigations. Contrary to
this, the practice has become widely used in unraveling crimes by counterpart
law enforcement agencies in developed nations particularly the Federal
Investigations Bureau (FBI), USA and other western nation sister agencies. This
technique has to be inculcated into the practices of the Nigerian criminal
justice system in criminal investigations because its numerous benefits cannot
be overemphasized and our criminal justice system is in dire need of all the
help it can get to improve in crime prevention and detection.
1.3 AIMS AND
OBJECTIVES OF CRIMINAL PROFILING
A criminal
investigation of any kind should start with the assumption that every human on
the planet is a suspect. That is to say, the suspect set is universal. One of
the purposes of criminal profiling is to assist an investigation, at any phase,
in moving from that universal set of suspect characteristics to a more discrete
set of suspect characteristics. It cannot typically point to a specific person,
or individuate one suspect from all others. It can, however, give insight into
the general characteristics of the offender(s) responsible. This type of
insight can be used to educate an investigative effort, as well as attorneys,
judges, and juries in a forensic context (e.g., criminal proceedings, civil
proceedings, and public hearings).
Criminal
profiling is mainly used when the offender does not leave any physical trace at
the crime scene. As Douglas and Olshaker have pointed out, “criminal profiling
is used mostly by behavioural scientists and the police to narrow down an
investigation to those who possess certain behavioural and personality features
that are revealed by the way a crime was committed‖20. Continuing, Douglas and
Olshaker also maintained that “the primary goal is to aid local police in
limiting and refining their suspect list so that they can direct their
resources where they might do the most good”.
20 John.
Douglas, J., and Olshaker, M., 1999, Mindhunter: Inside the FBI’s Elite Serial
Crime Unit, New York Pocket Books 1996.
6
“Another key
use of a profile, is when necessary, to go proactive, which means letting the
public become a partner in crime solving. The unknown suspect may have
displayed some sort of odd behaviour to those close to him that will indicate
his involvement with the crime. Getting the public, and hopefully those people
to be aware of what they have seen, telling them to come forward may solve the
case”.21 Egger maintained that “the purpose of profiling is to develop a
behavioural composite, combining sociological and psychological assessments of
the offender. Profiling is generally based on the premise that an accurate
analysis and interpretation of the crime scene and other locations related to
the crime can indicate the type of person who committed the crime”.22 Hence,
“because certain personality types exhibit similar behavioural patterns (in
other words, behaviour that becomes routine), knowledge and an understanding of
the patterns can lead investigators to potential suspects”.23 Similarly,
Jackson and Bekerian maintained that “a profile is based on the premise that
the proper interpretation of crime scene evidence can indicate the personality
type of the individual(s) who committed the offence. It is assumed that certain
personality types exhibit similar behavioural patterns and that knowledge of
these patterns can assist in the investigation of the crime and the assessment
of potential suspects”.24
Holmes and
Holmes have outlined three major goals of profiling as follows.25
(1) Social
and Psychological Assessments of Offenders.
This
involves an evaluation of the social and psychological characteristics of the
offender. In fact, “a profile should contain basic and sound information
concerning the social and psychological core variables of the offender’s personality,
including the offender’s race, age, employment status and type,
21 ibid
22 Steven A.
Egger, 1999, Psychological Profiling: Past, Present, and Future, Journal of
Contemporary Criminal Justice,
vol. 15,
No.3, August 1999,243.23 ibid
24Janet L.
Jackson, and Bekerian D. A. (eds), 1997, Criminal profiling: Theory, Research
and Practice, 3, Chichester, John Wiley.
25Ronald. M.
Holmes., and Stephen T. Holmes, 1996, Profiling Violent Crimes: An
Investigative Tool, (2nd ed. 1996) Thousand Oaks, Sage Publications.
7
religion,
marital status, and level of education. This psychological information will
help to focus the investigation by allowing police to narrow its range, which
in turn will have a direct effect upon the number of days and weeks the police
could spend on the case”.26 It may also help the police to predict possible
future attacks;
(2)
Psychological Evaluations of Belongings Found In the Possession of Suspected
Offenders.
This
involves the evaluation of items found at the suspect’s home, such as souvenirs
taken from the crime scenes, pictures, videos, books, magazines, items of
pornography or other items that might point to the background and motives for
the crimes, as well as link the suspect to the crime. Such physical evidence
could be listed on a search warrant so the police take particular care to look
for them. Holmes and Holmes noted the case of Jerry Brudos a sadistic serial
killer in the United States who had such a fetish about his victims’ high
heeled shoes. He took their shoes, wore and stored them at his home.27
(3)
Suggestions and strategies for interviewing suspected offenders when they are
apprehended.
Another
primary goal of profiling is to suggest the most effective interviewing
strategy to be used once the offender has been arrested. As there are different
types of offenders, one interviewing/interrogation strategy may not be suitable
for all the different types, especially when dealing with rapists. As Holmes
and Homes have pointed out, “not all people react to questions in the same
fashion. For one type of offender, one strategy may be effective, but it is a
mistake to assume that all those who commit similar crimes will respond to the
same interviewing strategy. For example, not all serial murderers kill for the
same reasons, and not all respond to the same type of interviewing strategy.
Violent personal offenders also vary in their motives as well as their
responses to interrogation.28 A good profile can provide the police with
strategies that may be effective for a particular offender.
It has been
observed that criminal profiling is usually taken up late in an investigation.
It tends to be normally taken up as an alternative where DNA profiling is
impossible because there were no samples
26
ibid27David Canter, 1994, Criminal Shadows: Inside the mind a/the serial
killer, 12.
28 David
Canter and Rupert Heritage, 1990, “A Multivariate Model of Sexual Offence
Behaviour: Developments In Offender Profiling”, Journal of Forensic Psychiatry.
8 left at
the scene of crime.29 There are obviously certain dangers with this approach.
It is therefore suggested that in serious/major crimes, criminal profiling should
be used at the onset, along with the other techniques. It should not be left
till later in the investigation when we have come to realize that no physical
trace has been left at the crime scene, bearing in mind the issue of ‘staged
crime scenes’. Important details might be lost later in the investigation and
as we know, crime scenes can be tampered with, by both weather conditions and
human tampering.
Brent E.
Turvey divided criminal profiling into two separate but equal contexts, divided
not by the method that is employed to arrive at conclusions, but rather by
their divergent goals and priorities.30 Turvey continued that ―these goals and
priorities are dictated by a necessity that is dependent upon when, in a given
case, a profiler‘s skills are requested‖.31 The two time frames typically
include the investigative phase, before a suspect has been arrested (or before
a defendant is taken to court with a lawsuit), and the trial phase, while a
suspect is being tried for a crime (or put on trial for damages).
Investigative
Phase
The
investigative phase involves behavioural evidence analysis of the patterns of
unknown perpetrators of known crimes. Criminal profilers tend to be called in
to extremely violent, sexual and/or predatory cases when witness testimony,
confessions, and/or physical evidence have not been enough to move the
investigation forward.
Primary
Goals
1.
Evaluating the nature and value of forensic and behavioural evidence in a
particular crime or series of related crimes;
2. Reducing
the viable suspect pool in a criminal investigation;
3.
Prioritizing the investigation into remaining suspects;
4. Linkage
of potentially related crimes by identifying crime scene indicators and
behaviour patterns (i.e., modus operandi and signature);
29 Ebisike
Norbert, 2001, ―An Appraisal of the Forensic Science Evidence In Criminal
Proceeding” London Greenway Press, 2001.
30Turvey,
B., 2011, Criminal Profiling, 4th Ed., London: Elsevier
Sciencehttp://forensicvictimology.blogspot.com/2013/07/Criminal-Profiling-Behavioral-Evidence-Analysis.html31
ibid
9
5.
Assessment of the potential for escalation of nuisance criminal behaviour to
more serious or more violent crimes (i.e., harassment, stalking, voyeurism);
6. Providing
investigators with investigatively relevant leads and strategies;
7. Helping
keep the overall investigation on track and undistracted by offering fresh and
unbiased insights;
8.
Developing communication, interview, or interrogation strategies when dealing
with suspects
Trial Phase
The trial
phase of criminal profiling involves analysis of known crimes for which there
is a suspect or a defendant (sometimes a convicted defendant). It takes place
in the preparation for hearings, trials, and post-conviction proceedings.
Guilt, penalty, and appeal phases of trial are all appropriate times to use
profiling techniques, depending on the evidence at issue.
Primary
goals
1.
Evaluating the nature and value of forensic and behavioural evidence to a
particular crime or series of related crimes;
2. Helping
to develop insight into offender fantasy and motivations;
3.
Developing insight into offender motive and intent before, during, and after
the commission of a crime (i.e., levels of planning, evidence of remorse,
precautionary acts, etc.);
4. Linkage
of potentially related crimes by identifying crime scene indicators and
behaviour patterns (i.e., modus operandi and signature).
1.4
SIGNIFICANCE OF THE STUDY
Criminal
profiling has been used successfully by law enforcement in several areas and is
a valued means by which to narrow the field of investigation. Profiling does
not provide the specific identity of the offender. Rather, it indicates the
kind of person most likely to have committed a crime by focusing on certain
behavioural and personality characteristics. This technique has been proven to be
very
10
effective in
various criminal investigations and in various criminal offences. Violent and
sexual offenders lend themselves to profiling techniques. Through careful
interview of the rape victim about the rapist‘s behaviour, law enforcement
personnel begin to build a profile of the offender. The rationale behind this
approach is that behaviour reflects personality, and by examining behaviour the
investigator may be able to determine what type of person is responsible for
the offence.
It is no
news that the Nigerian criminal justice system faces some major setbacks
especially the Nigerian police force in their investigation processes and
inability in apprehending the right perpetrators of criminal acts and bringing
such offenders to justice. The significance of this study is that showcases how
and why the technique of criminal profiling is important and helpful to the
police and law enforcement agents in Nigeria in determining criminal offenders
and also in crime detection and prevention and reasons why it should not be
overlooked as a resourceful tool in criminal investigations.
1.5 RESEARCH
METHODOLOGY
This
research, which is undertaken in the light of the above stated problems and
questions, is a qualitative one. It adopts an analytical approach and a comparative
analytical approach.
The standard
legal research method of case analysis is been used. This involves extensive
case analysis. Cases that involved offender profiling is been analyzed. This
method provides adequate background information on the relevance of criminal
profiling in the criminal justice system.
The study
will also be based on both primary and secondary legal sources. These primary
sources include various legislations relating to the criminal justice system in
Nigeria and other jurisdictions and countries most especially the USA and the
UK. Secondary sources will include reference to textbooks, journals and
articles written by leading authors and scholars in the area of criminal and
offender profiling. Online articles, journals, abstracts and books will also
serve as a secondary information source in this study.
The
limitation to this project is the inability to carryout interviews with crime
scene analysts and criminal profilers due to the rarity of such experts in the
country. This limitation affects the access to first hand and up to date
information on the different approaches to criminal profiling.
11 1.6
LITERATURE REVIEW
Canter notes
that ‘criminal profiling’ is a term coined by the FBI in the 1970’s to describe
their criminal investigative analysis work.32 He maintained that “when FBI
agents first began this work they invented a new term to grace their actions:
criminal profiling. By doing so they created the impression of a package, a
system that was sitting waiting to be employed, rather than the mixture of
craft, experience and intellectual energy that they themselves admit is at the
core of their activities‖.33
Canter sees
criminal profiling as ‘criminal shadows’. He maintained that a criminal “leaves
psychological traces, tell-tale patterns of behaviour that indicate the sort of
person he is. Gleaned from the crime scene and reports from witnesses, these
traces are more ambiguous and subtle than those examined by the biologist or
physicist. They cannot be taken into a laboratory and dissected under the
microscope. They are more like shadows, which undoubtedly are connected to the
criminal who cast them, but they flicker and change, and it may not always be
obvious where they come from. Yet, if they can be fixed and interpreted,
criminal shadows can indicate where investigators should look and what sort of
person they should be looking for‖.34 Canter and Heritage also maintained that
“a criminal leaves evidence of his personality through his actions in relation
to a crime. Any person’s behaviour exhibits characteristics unique to that
person, as well as patterns and consistencies which are typical of the subgroup
to which he or she belongs”.35
Ainsworth
defined criminal profiling as “the process of using all the available information
about a crime, a crime scene, and a victim, in order to compose a profile of
the (as yet) unknown perpetrator.36 For Davies, “criminal profiling (more
technically known as Criminal Investigative Analysis) is the name given to a
variety of techniques whereby information gathered at a crime scene, including
reports of an offender’s behaviour is used both to infer motivation for an
offence and to produce a description of the type of person likely to be
responsible.37
32 Ibid at
25
33 ibid
34 ibid
35 ibid at
26.
36 Peter .B.
Ainsworth, 2001, Offender Profiling and Crime Analysis, 7, Devon Willian
Publishing.
37 Anne
Davies, 1992, Rapists Behaviour: A three Aspect Model as a Basis for Analysis
and Identification of a Serial Crime, Forensic Science International, 173.
12
Geberth sees
a criminal personality profile as “an educated attempt to provide investigative
agencies with specific information as to the type of individual who may have
committed a certain crime.38 Turvey, writing from a behavioural evidence
analysis point of view, defines criminal profiling as “the process of inferring
the personality characteristics of individuals responsible for committing
criminal acts‖.39 For Grubin, criminal profiling refers to “information
gathered at a crime scene, including reports of an offender’s behaviour, used
both to infer motivation for an offence and to produce a description of the
type of person likely to be responsible”.40 According to Douglas and Olshaker,
“Criminal profiling is the development of an investigation by means of
obtainable information regarding an offence and crime scene to compile a
psychosomatic representation of the known architect of the crime‖.41
Put simply,
criminal profiling is a crime investigation technique whereby information
gathered from the crime scene, witnesses, victims, autopsy reports and
information about an offender’s behaviour is used to draw up a profile of the
sort of person likely to commit such crime. It is a complementary technique and
is usually taken up when no physical traces were left at the crime scene.
Criminal profiling does not point to a specific offender. It is based on the
probability that someone with certain characteristics is likely to have
committed a certain type of crime.
Personality
rests on the assumption that at least certain offenders have consistent
behavioural traits. Homant and Kennedy states that this consistency is thought
to persist from crime to crime and also to affect various non-criminal aspects
of their personality and lifestyle, thus making them to some extent,
identifiable.42 Mischel points out that the traditional view of personality
dispositions lead to assumption that individuals are characterized by stable
and broadly generalized dispositions that Vernon J. Geberth, 1996, Practical
Homicide Investigations: Tactics, Procedures, and Forensic Techniques, 4th
edition, 46 Boca Raton, CRC Press/ Taylor and Francis.39 Brent Turvey, 2002,
Criminal Profiling: Introduction to Behavioral Evidence Analysis, 1, San Diego
Academic Press
2 nd Edition
2002.40 Don Grubin , 1995, Offender Profiling, Journal Of Forensic Psychology
259
41 Ibid at
18
42Homant
& Kennedy, J; 1998: Psychological Aspects of Crime Scene Profiling;
Validity Research; Criminal Justice and Behaviour, 25. 319-343 endure over long
periods of time and that generate consistencies in their social behaviour
across a wide range of situations.43
Each
perpetrator commits his crime in a certain manner, therefore each time a person
commits crime he will do it in the same or at least a similar fashion. This is
a prodigious step in logic, and one that has been validated by tradition and
common sense, both however, less than reliable sources of knowledge. Holmes and
Holmes admit that not all crimes are suitable for the profiling process. It is
just one of many tools and does not replace good investigative techniques. As
profiling is intended as an investigative tool, it attempts to go beyond the
reconstruction, to answer questions of intent and motivation.44 From these
admittedly subjective answers it can provide a clearer picture of the offender.
Criminal
profiling is used mostly by behavioural scientists and the police to narrow
down an investigation to those suspects who possess certain behavioural and
personality features that are revealed by the way a crime was committed.
Douglas and Olshaker are of the opinion that behaviour reflects personality.
Therefore, the primary goal is to aid local police in limiting and refining
their suspect list so they can direct their resources where they might do the
most good.45
In his book
―Criminal Psychology”, Gross illustrates the importance of determining the
offender‘s character, his wishes and beliefs. He contended ―Is it not known
that every deed is an outcome of the total character of the doer? Is it not
considered that the deed and the character are correlative concepts, and that
the character by means of which the deed is to be established cannot be
inferred from the deed alone?… Each particular deed is thinkable only when a
determinate character of the doer is brought in relation with it – a certain
character predisposes to determinate deeds, another character makes them
unthinkable and un-relatable with this or that person‖46. There is no simple
way to predict the future behaviour of offenders.47
43Mischel,
W; 1990: Personality Dispositions Revisited and Revised; A View After Three
Decades; In L. Pervin (Ed), Handbook of Personality; Theory and Research (2nd
Ed)., pp. 111-134) New York; Guilford Press44 Holmes, R., & Holmes, S;
2000: Murder in America (2nd Ed), Thousand Oaks, CA: Sage
45 ibid
46 Gross. H.
J. U. D, 1910, Criminal Psychology: A Manual for Judges, Practitioners And
Students. Manybooks.net
47 ibid
14
Blau and
Rossmo assert that the profiling process is based on the premise that the
interpretation of crime scene evidence can indicate the personality type of the
individual(s) who committed the offence.48
1.7
STRUCTURE OF THE STUDY
Chapter one
focuses on the background and general introduction to the study. It looks into
the aim and objectives of criminal profiling, what its goals, significances and
how crucially needed it is in the Nigerian criminal justice system.
Criminal
profiling is an innovative but worrying technique of crime investigation. There
are numerous conflicting arguments as to the appropriate discipline of offender
profiling. In order to have a better understanding of this technique, this
study therefore, presents a step by step analysis of the history and
development of offender profiling which is been discussed in chapter two. In
other jurisdictions especially the United States of America and the United
Kingdom, criminal profiling has developed and is still constantly developing
into a very effective and efficient technique of criminal investigation. The
various attitudes to the technique of criminal profiling in a particular
jurisdiction are quite different from the other and their approaches differ.
This is extensively considered in chapter two of this study.
Since this
study focuses mainly on the importance of criminal profiling in the criminal
justice system most especially to that of Nigeria, the history, growth and
development of the criminal justice system is been extensively discussed in
chapter three. Criminal Profiling is mainly used by the police to narrow down
suspects list in cases where no physical evidence were left at the crime scene.
As such, focus will be placed solely on the Nigerian Police Force since they
are the users or proposed users of the criminal profiling technique in their
investigation processes to determine the suspected offenders on the criminal
acts. In the light of this, the history, growth and development of the Nigerian
police will be discussed.
The current
standard in criminal investigations in Nigeria is been critically analyzed in
order to determine where it stands amongst its counterparts in other various
jurisdictions. There is also an in-
48 Blau, T.
H; 1994: Psychological Profiling. In T. H. Blau (Ed); Psychological Services
for Law Enforcement (pp. 261-274) New York: Wiley; Rossmo, D. K; 2000:
Geographic Profiling; Boca Raton; Florida; CRC Press,
15
depth look
on the perception of the police to Nigerian citizens and their opinions on ways
to resolve prominent issues faced by the police and the criminal justice
system, if any.
The
techniques and different approaches of criminal profiling are critically
analyzed in chapter four. This creates a clearer and easier understanding of
how criminal profiling works and the step by step process of making use of
criminal profiling in during criminal investigation by criminal investigative
analysts. There are certain offences that criminal profiling is mostly
effectively used and some that are not. The technique was introduced to help
law enforcement agencies solve serious crimes such as serial rape or murder,
and to a lesser extent arson and property crime. At the heart of profiling lies
the belief that it is possible to identify the likely characteristics of an
offender. This research discusses the manifestation of criminal behaviour in
the above mentioned offences categorized into violent and sexual offences and,
cyber and property crimes. This will include several case analyses where
criminal profiling was used in various investigation processes.
Although
advances in crime detection are welcomed, the profiling field appears engulfed
with contradiction and disagreement. Social scientists argue that the
discipline is unscientific due to methodologically weak research, while police
officers appear skeptical about its benefits for solving crime. Chapter four
also includes an extensive analysis of the various criticisms and skeptical
views of experts, criminal justice personnel and other relevant authorities on
the use of criminal profiling and why it may not be so useful in our criminal
justice system.
One of the
aims of this study is to provide a comparative analysis of the use of offender
profiling in various jurisdictions. Chapter four therefore, discusses the
relevance of offender profiling in England and the United States and how it has
greatly assisted and continues to assist investigators and the criminal justice
system as a whole in determining specific offenders of criminal acts. It also
examines the state of offender profiling in other countries.
The study
concludes in chapter five with a comprehensive summary of the relevance of
criminal profiling in criminal investigations in Nigeria. Various
recommendations is to be made as to ways this effective technique can be
inculcated by the Nigerian police and law enforcement agencies, ways to improve
the current standards of criminal investigations in Nigeria and also ways to
elevate the Nigerian police force from the setbacks that currently pulls them
underwater. The study also looks at the future of criminal profiling and
suggests areas where further research is needed. This study conclusively argues
for the incorporation of criminal profiling techniques into criminal
investigations processes in Nigeria.
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