Criminal Law and Procedure Fundamentals
What the exam tests
This domain tests the Pennsylvania Crimes Code concepts an investigator must recognize when gathering facts: mental states, common offenses, arrest and detention limits, and the procedural stages of a criminal case. The examiner wants accurate offense elements, not generic police procedure.
Core rules
- Mens rea: 18 Pa.C.S. § 302 defines intentionally, knowingly, recklessly, and negligently. The mental state is an element of most offenses and must be documented in witness statements and reports.
- Common offenses: Theft (18 Pa.C.S. § 3921), receiving stolen property (§ 3925), retail theft (§ 3929), forgery (§ 4101), criminal trespass (§ 3503), harassment (§ 2709), and stalking (§ 2709.1). Know the basic conduct each requires.
- Citizen’s arrest: A private person may arrest in narrow circumstances, such as a breach of peace committed in the person’s presence or a felony under limited conditions. The safest practice is to call police and avoid physical detention unless immediate safety requires action.
- Custodial interrogation: Miranda warnings are required for custodial interrogation by law enforcement. A private investigator is generally not a state actor, but if acting as a police agent or at police direction, Miranda and constitutional limits may apply.
- Procedural stages: Complaint, preliminary arraignment, preliminary hearing, formal arraignment, pretrial motions, trial, and sentencing. Investigators may be asked to locate witnesses, serve process, or verify facts for these stages.
Worked example
An investigator interviews an employee suspected of retail theft. The investigator does not have police authority, so Miranda is not automatically required. But if the investigator blocks the door, takes the employee’s phone, and refuses to let the employee leave, the interview can become false imprisonment. The investigator should keep the setting non-custodial, state that the employee is free to leave, and document the exact words used.
Traps that cost marks
- Reciting Miranda for every private interview.
- Confusing theft, receiving stolen property, and retail theft elements.
- Overstating citizen’s-arrest authority.
- Detaining a subject without legal authority or safety justification.