The concept of same time and place in Ni


Template level External Article ID

KBA00039896

Issue

 This article will go over the concept of same time same place regarding Nibrs reporting as the FBI defines it. more in depth information can be found on the FBI's website:  https://www.fbi.gov/about-us/cjis/ucr/nibrs/

Resolution

The fundamental concept of Same Time and Place presupposes if the same person or group of persons committed more than one crime and the time and space intervals separating them were insignificant, all of the crimes make up a single incident. Normally, the offenses must have occurred during an unbroken time period and at the same or adjoining locations. However, incidents can also be comprised of offenses which by their nature involve continuing criminal activity by the same offenders at different times and places, as long as law enforcement deems the activity to constitute a single criminal transaction.
In NIBRS, agencies use the concept of Same Time and Place to determine whether they should apply the Hierarchy Rule to a group of crimes; if so, the agency reports only the crime highest in the hierarchy. Though the NIBRS does not follow the Hierarchy Rule, agencies must still apply the concept of Same Time and Place to determine whether a group of crimes constitute a single or multiple incidents. This is crucially important since the application of the concept determines whether they should report the crimes as individual incidents or as a single incident comprised of multiple offenses
NOTE: Because it is not possible to provide instructions covering all of the situations possible, the reporting agency should use its best judgment in determining how many incidents were involved in some cases.
Examples of acting in concert and same time and place:
Acting in concert requires all of the offenders to actually commit or assist in the commission of all of the crimes in an incident. The offenders must be aware of, and consent to, the commission of all of the offenses; or even if non-consenting, their actions assist in the commission of all of the offenses

  • Example 1
    During a robbery scenario, one offender began to rape a victim in a bar. The other offender told the rapist to stop and only rob the victim. In this example, there was only one incident with two offenses, i.e., Robbery and Rape. Although the other robber did not consent to the rape, by displaying a gun he prevented someone from coming to the victim’s assistance and thereby assisted in the commission of the crime. The Agency should report one incident with two offenses; both offenders are connected to both victims.
  • Example 2
    A domestic argument escalated from a shouting match between a husband and wife to an aggravated assault during which the husband began beating his wife. The wife, in her own defense, shot and killed the husband. The Agency should report this information via NIBRS as two separate incidents because the husband could not have been acting in concert with the wife in his own killing. The agency could have submitted one incident involving the Aggravated Assault perpetrated by the husband and the second incident involving the killing. This will allow the maintenance of the original incident number for record keeping purposes at the local level and simultaneously satisfied reporting requirements for the NIBRS.
  • Example 3
    Two offenders robbed a bar, forcing the bartender to surrender money from the cash register at gunpoint. The robbers also took money and jewelry from three customers. One of the robbers, in searching for more customers to rob, found a female customer in the rest room and raped her there without the knowledge of the other offender. When the rapist returned, both robbers left. In this example, there were two incidents: one involving Robbery and the other involving Rape, because the offenders were not acting in concert in both offenses. The agency should report two incidents, each with one offense.
  • Example 4
 Over a period of 18 months, a computer programmer working for a bank manipulated the bank’s computer and systematically embezzled $70,000. The continuing criminal activity against the same victim constituted a single incident involving the crime of Embezzlement.