Transcript Document

Homicide and
Aggravated Assault
Chapter 11
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Overview
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Homicide
Aggravated Assault
Homicide Investigation Procedures
DNA
Review Questions
Opportunity for Student Questions
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Learning Objectives
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Define the various types of homicide
Identify the current state of criminal homicide as to frequency, and victimoffender relationships
Discuss the five basic offender causative patterns
Identify the importance and methods of psychological profiling
Define the legal meaning of aggravated assault
Compare aggravated assault regarding frequency and offender
characteristics to the crime of murder
Understand the standard investigative methods that apply to homicide
Define the five major methods that aid the investigator in determining the
time of death
Explain the four major causes of death
Describe the legal significance of the dying declaration
Compare and contrast the medical examiner system and the coroner system
Identify the areas of forensic science that directly apply to the death
investigation
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Legal Definition of
Homicide
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Homicide is defined as the killing of a human by
another human
The common notion that homicide and murder are
synonymous is false
– The difference lies in the legality of the death
– The question is the presence or absence of criminality
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Homicide can be justifiable or excusable
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State executions
Arrests by the police in some circumstances
Self-defense
War
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Murder ̶ Defined
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Defined as the unlawful killing of a human being
with malice aforethought
Typical criminal code language
– A person who kills an individual without lawful
justification commits murder if, in performing the acts
that cause the death:
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He either intends to kill or do great bodily harm
He knows that such acts create a strong probability of death
or great bodily harm
He is attempting or committing a forcible felony other than
voluntary manslaughter
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Criminal Homicide
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The act is murder if the wrongdoer accomplishes the
crime with premeditation
The act is frequently referred to as a premeditated
design to kill
The state must prove that the accused consciously
intended to kill the victim
Wisconsin’s definition:
– 940.01 (1)(a) First-degree intentional homicide.
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Whoever causes the death of another human being with intent
to kill that person or another is guilty of a Class A felony
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Criminal Homicide
(continued)
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Premeditation does not always imply the existence of an
elaborate plan
– The time frame is not important (not defined in minutes, hours,
or days)
– The fact that the design to kill was present before the act is
critical
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Murder can be accomplished without premeditation ̶ two
examples:
– A criminal homicide can constitute murder even when
premeditation to kill is lacking altogether
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When perpetrated by any act imminently dangerous to another
Evincing a depraved mind regardless of human life
– If the killing occurs during the commission of a felony (felony
murder)
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Murder in Degrees
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Many states have assigned varying
degrees to the crime of murder
– First degree
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Typically includes premeditated murder
– Second degree
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An act creating a strong probability of harm,
which results in death
– Third degree
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Deaths that result during the perpetration (or
attempt) of a felony
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Current State of Criminal
Homicide
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Accurate statistics are compiled by the FBI’s
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The current U.S. annual rate of criminal homicide is
16,000
Uniform Crime Report
– Indicates a significant decrease of this serous violent crime
in the last seven years
– Homicide accounts for only about 1% of the total violent
crime
– The decade rate of homicide is historically very high
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Surpassing even the murder rates experienced during the
violent Prohibition era of the 1920s and 1930s
Chicago’s homicide rates are nearly triple the frequency
encountered during the city’s murderous gangland period
during prohibition
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Why So Many Murders?
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The relationship of drugs to murder is unmistakable
The rapid growth of drug gangs, particularly those dealing in
cocaine
Washington, D.C. officials reported that 41% of all homicides
were drug-related
56% of the killings in Savannah, Georgia were similarly
connected to drugs
The greatest frequency of murder occurs:
During July and August
On holidays
On weekends
During evening and night hours
In southern states
In large metropolitan areas
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Victims of Criminal
Homicide
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77% of victims are between 20 and 24
years of age
The residence is the most common
murder location
Males account for 78% of all victims
9% are juvenile and male
Racially, the victims are nearly evenly
split between blacks and whites
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Victims of Criminal
Homicide (continued)
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Homicide is the leading cause of death
among black males 25 to 34 years of age
44% of victims know their killer (compared
with 80% in 1970)
– 13% are related
– 31% are acquainted
– Of female victims, 33% are slain by husbands or
boyfriends
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56% of all killings are classified as stranger
homicides
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Victim Precipitated
Homicide
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Such murders involve a conscious or
unconscious action by the victim that is a
causative factor in the violent act
– Victims dare their slayers to assault
– May provoke the assault by some other action such
as:
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Continually insulting individuals known to be armed and violent
Unfaithful wife precipitating her own death by continuing an affair
after her husband has sworn to kill her if the extramarital
relationship is not terminated
Research studies indicated a substantial number of homicides
are victim precipitated
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Offender Characteristics
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Murder suspects
– The majority of arrested murder suspects (70%) are
17-34 years old
– 90% are male
– 51% are black
– 46% are white
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Most offenders are in an emotional state of
extreme anger when they kill
Typical murderers do not plan their crime
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Five Murder Causative
Categories: Why People Murder
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Emotional disputes
Matters of sex
– Jealousy is the causative factor
– Unfaithfulness is the precipitator
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Related crimes
– Normally during the commission of a felony
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Robbery
Narcotics
Severe mental abnormalities
– Mentally ill
– Mass murderers
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Terrorists
Individuals who experience sudden breakdowns
Mentally ill persons who kill to relieve tensions
Benefit factors
– To rid themselves of the attachment
– Financial motives
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Psychological Profiling
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Proven successful in the investigation of serial
murder
Profiling is a form of, or classification that works
backward: retroclassification
Profiling attempts to construct a personality
portrait of the offender (using behavioral clues)
Investigators can develop a very accurate
portrait of the offender
– There are only 24 FBI and about 15 federally trained
local and state officers working as full-time profilers
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Psychological Profiling–
What the Profiler Does
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Analyzes
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Crime scene and crime photos
Laboratory test and autopsy reports
Police reports
Victim information including:
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Occupation
General reputation
Detailed physical description
Marital status and number of children
All known miscellaneous social and personal information
Conducts thorough interviews of the victim and witnesses
Reviews all physical evidence
Listens to any existing conversations of the suspect
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Psychological Profiling–
What Does it Reveal?
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Suspect’s race
Sex
Age range
Marital status
General employment
Reaction to questioning by police
Degree of sexual maturity
Whether the individual might strike again
Whether the suspect has committed a similar offense
in the past
Possible police record
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Weapons Used in
Homicide
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Firearms are the predominate weapon
– 53% of murders were committed with handguns
– 8% were committed with rifles or shotguns
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30% of murders were committed with knives
The remainder of murders were committed
with:
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Blunt objects
Poisons
Fire
Direct violence applied by hands, fists, or feet
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Aggravated Assault
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Defined as the unlawful attempt or completed
attack upon another
– With the purpose of inflicting severe bodily injury
– Usually accompanied by the use of a weapon or
some other means
– Likely to produce death or serious bodily harm
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These attacks often fall short of death through
medical intervention or the lack of a deadly
weapon
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Current State of
Aggravated Assault
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There are more than 860,000 aggravated assaults in the U.S.
annually
This represents about 64% of all of the crimes of violence
This crime is declining in occurrence
– 23% lower than in 1994
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Police solve approximately 56% of reported cases by arrest
Victims tend to mirror murder victims
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Young
Adult
Male
Often will know assailant
Frequently assaulted by a family member
Consumption of alcohol is a prevalent factor
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Homicide Investigation
Procedures
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This investigation focuses on three main
areas
– The deceased
– The crime scene
– Medical expertise
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Homicide–
Focus on the Deceased
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The deceased can reveal essential
information needed to identify the suspect
and prove that a crime has occurred
– Establish death
– Identify the deceased
– Determine the time of death using the following
factors
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Postmortem lividity
Rigor mortis
Putrefaction
Cooling rate
General body indicators
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Homicide–
Focus on the Deceased
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Determine the cause of death
There are four general categories of
death causes
– Natural
– Accidental
– Suicide
– Homicide
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Chart Showing Changes in
the Deceased Over Time
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating the Cause
of Death–Homicide
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Homicide is usually determined from:
– Gunshot wounds
– Edged weapon wounds (stabbing and defense wounds as
opposed to hesitation marks)
– Asphyxia
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Manual strangulation
Ligature strangulation
Submersion in water
Smothering
– Blunt instruments
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Abrasions
Contusions
Lacerations
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Homicide–
Focus on the Crime Scene
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Handle emergencies first
– If the suspect or others that may pose
danger are still at the scene, conduct a
protective sweep and arrest any suspects
– Provide medical attention to the victim if
appropriate
– Obtain a dying declaration if the victim is
able
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Homicide–
Focus on the Crime Scene
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Protect the scene
– Use crime scene tape and personnel and any
other means necessary
– No one enters without being entered in the log
– Obtain search warrant if necessary
– Keep sightseers from entering
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Destroys evidence
Changes the crime scene
Identify witnesses
– Keep them from leaving the scene
– Separate them from each other
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Homicide–
Focus on the Crime Scene
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Maintain the integrity of crime scene
Search the scene from the outside-in
to avoid destroying
– Trace evidence
– Foot or tire impressions
– Blood splatter
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Conduct a crime scene search for any
and all evidence
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Homicide–
Focus on the Crime Scene
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Record the crime scene
– Video
– Photograph
– Crime scene sketch
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Recover the victim (with assistance from the
Medical Examiner’s Office or Coroner)
– Note victim location, body position, clothing,
visible wounds, signs of death, temperature, etc:
– Bag hands
– Do not remove clothing (done during autopsy)
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Homicide–
Focus on the Crime Scene
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Collect all evidence maintaining the chain of
custody
Conduct a neighborhood canvass
– The purpose is to locate witnesses
– Any information no matter how small may be
significant in solving the case
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Conduct a thorough background investigation of
the victim
– To determine possible motive and benefit
– To identify a list of suspects
– Go back several days and reconstruct every action
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
DNA Evidence–An Important
Link to Suspects
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Homicide–
Focus on Medical Expertise
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The autopsy
– A postmortem examination of the victim
– Autopsies are mandated by law in certain types of
deaths
– Includes:
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An exterior visual examination
An interior surgical examination
– All vital organs are observed and described
– Internal injuries are noted
– Samples of tissue organs and bone may be obtained for
laboratory testing
– An investigating officer should be present to note the
findings
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Homicide–
Focus on Medical Expertise
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Exhumation
– Requires a court order
– The majority are performed to establish
the presence of toxic materials
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Forensic Anthropology
– Very valuable to certain types of homicide
investigations
– Can assist in the identification of human
remains
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Review Questions
1.
2.
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7.
8.
Define the various types of homicide.
Identify the current state of criminal homicide as to frequency,
and victim-offender relationships.
What is psychological profiling?
Define the legal meaning of aggravated assault.
Compare aggravated assault regarding frequency and offender
characteristics to the crime of murder.
List several investigative methods that apply to homicide.
Define the five major methods that aid the investigator in
determining the time of death.
Identify the areas of focus that directly apply to the death
investigation.
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Student Questions
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458