Homicide and Aggravated Assault Chapter 11

Overview Homicide Aggravated Assault Homicide Investigation Procedures DNA Review Questions Opportunity for Student Questions

Learning Objectives Define the various types of homicide Identify the current state of criminal homicide as to frequency, and victim-offender 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

The Legal Definition of Homicide 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 Homicide can be justifiable or excusable State executions Arrests by the police in some circumstances Self-defense War

Murder ̶ Defined 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: 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 Homicide 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.  Whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony

Criminal Homicide (continued) 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 Murder can be accomplished without premeditation ̶ two examples: A criminal homicide can constitute murder even when premeditation to kill is lacking altogether 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)

Murder in Degrees Many states have assigned varying degrees to the crime of murder First degree Typically includes premeditated murder Second degree An act creating a strong probability of harm, which results in death Third degree Deaths that result during the perpetration (or attempt) of a felony

Current State of Criminal Homicide Accurate statistics are compiled by the FBI’s Uniform Crime Report The current U.S. annual rate of criminal homicide is 16,000 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 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

Why So Many Murders? 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

Victims of Criminal Homicide 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

Victims of Criminal Homicide (continued) 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 56% of all killings are classified as stranger homicides

Victim Precipitated Homicide 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: 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

Offender Characteristics Murder suspects The majority of arrested murder suspects (70%) are 17-34 years old 90% are male 51% are black 46% are white Most offenders are in an emotional state of extreme anger when they kill Typical murderers do not plan their crime

Five Murder Causative Categories: Why People Murder Emotional disputes Matters of sex Jealousy is the causative factor Unfaithfulness is the precipitator Related crimes Normally during the commission of a felony Robbery Narcotics Severe mental abnormalities Mentally ill Mass murderers Terrorists Individuals who experience sudden breakdowns Mentally ill persons who kill to relieve tensions Benefit factors To rid themselves of the attachment Financial motives

Psychological Profiling 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

Psychological Profiling– What the Profiler Does Analyzes Crime scene and crime photos Laboratory test and autopsy reports Police reports Victim information including: 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

Psychological Profiling– What Does it Reveal? 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

Weapons Used in Homicide Firearms are the predominate weapon 53% of murders were committed with handguns 8% were committed with rifles or shotguns 30% of murders were committed with knives The remainder of murders were committed with: Blunt objects Poisons Fire Direct violence applied by hands, fists, or feet

Aggravated Assault 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 These attacks often fall short of death through medical intervention or the lack of a deadly weapon

Current State of Aggravated Assault 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 Police solve approximately 56% of reported cases by arrest Victims tend to mirror murder victims Young Adult Male Often will know assailant Frequently assaulted by a family member Consumption of alcohol is a prevalent factor

Homicide Investigation Procedures This investigation focuses on three main areas The deceased The crime scene Medical expertise

Investigating Homicide– Focus on the Deceased 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 Postmortem lividity Rigor mortis Putrefaction Cooling rate General body indicators

Investigating Homicide– Focus on the Deceased Determine the cause of death There are four general categories of death causes Natural Accidental Suicide Homicide

Chart Showing Changes in the Deceased Over Time

Investigating the Cause of Death–Homicide Homicide is usually determined from: Gunshot wounds Edged weapon wounds (stabbing and defense wounds as opposed to hesitation marks) Asphyxia Manual strangulation Ligature strangulation Submersion in water Smothering Blunt instruments Abrasions Contusions Lacerations

Investigating Homicide– Focus on the Crime Scene 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

Investigating Homicide– Focus on the Crime Scene 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 Destroys evidence Changes the crime scene Identify witnesses Keep them from leaving the scene Separate them from each other

Investigating Homicide– Focus on the Crime Scene Maintain the integrity of crime scene Search the scene from the outside-in to avoid destroying Trace evidence Foot or tire impressions Blood splatter Conduct a crime scene search for any and all evidence

Investigating Homicide– Focus on the Crime Scene Record the crime scene Video Photograph Crime scene sketch 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)

Investigating Homicide– Focus on the Crime Scene 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 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

DNA Evidence–An Important Link to Suspects

Investigating Homicide– Focus on Medical Expertise The autopsy A postmortem examination of the victim Autopsies are mandated by law in certain types of deaths Includes: 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

Investigating Homicide– Focus on Medical Expertise Exhumation Requires a court order The majority are performed to establish the presence of toxic materials Forensic Anthropology Very valuable to certain types of homicide investigations Can assist in the identification of human remains

Review Questions 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.

Student Questions