Transcript Homicide

Homicide
Murder
• Can be met with fear, curiosity, or
fascination
• Many people cannot comprehend the
motivation necessary to take another life
• Mainstream media has distorted the reality
of murder and aggrandized the killers
themselves
Murder
• Can cause immobilizing fear in a
community
• Example: Beltway snipers Washington DC
An incident of multiple murders in a
community can have a similar effect as a
terrorist act. (Boston Marathon –
Yesterday!)
• {Give some examples of the detrimental
impact that murder can have on a
community.}
Definitions
• Homicide: the killing of one human being
by another.
• Some statutes define homicide as: an
action by one person that as a direct result
leads to the death of another person.
• Not all homicides are criminal they can be
justifiable or excusable.
Justifiable Homicide
• This is the intentional but lawful killing of
another.
• {Give some examples of justifiable
homicide.}
Examples
• State or federal death penalty being carried out.
• Police officer killing an armed criminal who the
officer reasonably feels will harm the officer or
others.
• An individual who is being threatened with a
weapon subsequently kills the other person in
defense of self or family.
• {In the last example what would happen if the
weapon turns out to be fake or nonoperational?}
Excusable Homicide
• Involves one person killing another by
accident without gross negligence and
without intent to injure.
• An example of this would be a hunter who
honestly mistakes a human being for
game.
• In the case of excusable homicide what
must be established in court?
Suicide
• The taking of one’s own life.
• Although not currently deemed a crime,
suicide is considered a grave public wrong
in many jurisdictions. (Police can take a
suicidal person into custody for mental
health evaluation.)
• It is illegal to entice or encourage another
to commit suicide.
Criminal Homicide
• The unlawful taking of a human life.
• There are two variations of criminal
homicide;
• Murder, and;
• Manslaughter.
Criminal Homicide
• Murder: the unlawful
• Manslaughter: the
killing of another
unlawful killing of
human being with
another human being
malice aforethought.
without intent,
expressed or implied,
• Killing a person
to effect death.
during the
commission of a
felony also constitutes
murder even if the
killing is unintentional.
Corpus Delicti
• The collection of basic facts establishing
that a crime has been committed and that
some person is responsible.
• It is imperative in the case of an unlawful
homicide that, regardless of classification,
the investigator must collect sufficient
evidence for each element of the corpus
delicti for the prosecutor to obtain a
conviction.
Corpus Delicti
•
The necessary element for unlawful homicide
are:
1. The death was not the result of suicide, natural
causes, or accident, thus establishing that it
was a homicide (this is the province of the
forensic pathologist).
2. Some person was responsible for the unlawful
death (establishing the identity of the person is
the province of the investigator, evidence
technicians, and criminalist).
Investigative Activities in a Homicide
•
Record crime scene (photographs, sketches,
notes).
• Recognize, collect, and preserve all physical
evidence.
1. To facilitate reconstruction of the crime.
2. To link a suspect to the victim, crime scene, or
both.
3. To identify a substance (poison, narcotic,
blood, semen), or other object (bludgeon, gun)
in order to locate its source and trace its
owner.
Investigative Activities in a Homicide
•
•
Identify the victim.
Establish the cause, manner, and time of
death.
• Ascertain the motive for the crime.
1. From the way the crime was committed-using
evidence at the scene, and trauma inflicted on
the victim, develop psychological profile.
2. From those who had knowledge of the victim’s
activities (social, family, business), develop a
time line leading up to death.
3. From documents written by or sent to the
victim, diaries, letters, or documents relating to
financial or business dealings of the victim.
Investigative Activities in a Homicide
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Seek additional information
Interview people to check on the background and
activities of the victim; obtain leads from those who
knew the deceased; seek a possible informant;
consider surveillance in some cases.
Examine records to ascertain business interest of the
victim; trace source of murder weapon through
manufacturer’s records or firearms registration cards.
Review interdepartmental electronic communications
on a daily basis. Scan the police information network
for possibly related criminal activity in other
jurisdictions. Check on previous arrests to compare
modus operandi.
Obtain exemplars from any suspect (or from his or her
home, garage, vehicle, etc.) from comparison with
similar physical evidence discovered at the crime
scene.
Investigative Activities in a Homicide
• Question suspects (after administering
Miranda warnings if in custody).
Partitioning Responsibilities
• Evidence technician
1. Recording crime scene
2. Recognizing, collecting, and preserving
physical evidence
• Criminalist
1. Recognizing, collecting, and preserving
physical evidence for analysis.
Partitioning Responsibilities
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Forensic Pathologist
Identifying the victim
Estimating the time of death
Establishing the cause and manner of death
Ascertaining the motive for the crime
Recognizing, collecting, and preserving physical
evidence
Forensic Anthropologist
Recognizing, collecting, and preserving physical
evidence
Identifying the victim
Partitioning Responsibilities
• Detective (investigator)
1. Recording the crime scene
2. Recognizing, collecting, and preserving
physical evidence
3. Ascertaining the motive for the crime
4. Seeking additional information
5. Questioning suspects
6. Identifying the victim
Motive
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Importance of motive: can develop a suspect
pool (not an element of a crime):
Categorizing motive:
Financial gain
Sexual gratification
Apparently sex-connected homicides
Emotional factors
Self-protection
Removal of an inconvenience or impediment
Apparently motiveless crimes
“Thrill” killing
Determining motive
•
As with the reconstruction of a crime,
motive can be ascertained through the
three major sources of information
1. Crime scene
2. People
3. Records
Determining motive
• Various forms of evidence at the crime
scene may aid the investigator in
developing a motive.
• In some homicides a psychological profile
of the offender may help to develop a
motive.
Determining motive
• People are the most productive source for
determining motive.
• Friends, family, business acquaintances,
etc. are all excellent forms of information
in the development of a motive.
• Anyone who had more than a passing
knowledge of the deceased may
potentially have information that can
establish a motive.
Determining motive
• Records can establish motive through
connections such as financial gains.
• Paper trails can often develop suspects
and establish motive.
Staging
• Some homicide scenes can be made to
simulate a suicide or accidental death in
order to cover up the actual homicide.
• Crimes of this nature are often discovered
by the investigator due to the “over
staging” by the perpetrator.
Methods for Differentiating Staging from
Actual Suicide
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Care must be exercised when touching or handling the
suicide note (or other document) until it has been
examined for fingerprints. Any latent print that is
developed must be compared with the known prints.
If there is a plastic bag over the head of the deceased
it must also be examined for prints. Any print found on
the bag that does not belong to the deceased must be
evaluated and explained.
Is the substance of the suicide note (or letter)
expressed at the literacy level of the deceased?
If the note or letter is handwritten, its authenticity must
be established. If typed, was the instrument that
created the letter available to the deceased and did the
deceased know how to use the instrument?
All medicine containers must be gathered - including
those that are empty.
Associative Evidence
•
Evidence that can link the perpetrator to
the crime scene or victim is of two kinds:
1. Evidence brought to and left (often
unintentionally) at the scene.
2. Evidence taken deliberately or
accidentally from the scene.
Interpretation of Wounds
• Victim Wounds can help to illustrate what
transpired.