1 Book Cover Here Chapter 17 HOMICIDE Criminal Investigation: A Method for Reconstructing the Past, 7 th Edition Copyright © 2014, Elsevier Inc. All Rights Reserved

2 Homicide Justifiable Homicide Excusable Homicide Suicide Criminal Homicide Murder Manslaughter Copyright © 2014, Elsevier Inc. All Rights Reserved

3 Definitions Homicide: The killing of one human being by another. Justifiable Homicide: Intentional but lawful killing of another – The state commits justifiable homicide in carrying out a death sentence handed down by a judge after conviction Police officer kills someone who shoots at him/her Individual kills in defense of self or family Copyright © 2014, Elsevier Inc. All Rights Reserved

4 Definitions Excusable Homicide: One person killing another by accident without gross negligence and without intent to injure – Hunter that mistakes a person for game – Police officer firing and killing a suspect that is believed to have a weapon and is threatening the officer Suicide: The taking of one’s own life – Not a crime, but considered a grave public wrong in many jurisdictions. Copyright © 2014, Elsevier Inc. All Rights Reserved

5 Definitions Criminal Homicide: Unlawful taking of a human life. Murder: Unlawful killing of another human being with malice aforethought. – Killing a person during the commission of a felony, even when the killing is unintentional Manslaughter: Unlawful killing of another without intent — expressed or implied — to effect death Copyright © 2014, Elsevier Inc. All Rights Reserved

6 Corpus Delicti The collection of basic facts establishing that a crime has been committed and that some person is responsible Investigator must marshal evidence for each element of the corpus delicti in order for the prosecutor to obtain an indictment or for the judge to hand the case over to a jury Copyright © 2014, Elsevier Inc. All Rights Reserved

7 Elements for Unlawful Homicide The death was not the result of suicide, natural causes, or accident, thus establishing that it was a homicide Some person was responsible for the unlawful death Circumstances surrounding the death will determine whether the charge will be murder or manslaughter Copyright © 2014, Elsevier Inc. All Rights Reserved

8 Homicide Demographics Most reliable of all crime statistics UCR data reveal three 20 th Century peaks – 1933: 9.7 per 100,000 – 1980: 10.2 per 100,000 – 1991: 9.8 per 100,000 U.S. in 2010: 4.8 per 100,000 Canada: 1.62 per 100,000 Copyright © 2014, Elsevier Inc. All Rights Reserved

9 Homicide Statistics More than 16,000 murders are reported in the U.S. each year – Most occurring in large metro areas – July and August – On weekends, holidays, and at night – Region Southern states account for more murders than do states in other parts of the country Copyright © 2014, Elsevier Inc. All Rights Reserved

10 Homicide Demographics Majority of Offenders – Male – Black Majority of Victims – Male – Black Dominant Weapon – Firearms Copyright © 2014, Elsevier Inc. All Rights Reserved

11 Investigative Activities in a Homicide 1. Record crime scene (photographs, sketches, notes) 2. Recognize, collect, and preserve all physical evidence 3. Identify the victim 4. Establish the cause, manner, and time of death 5. Ascertain the motive for the crime 6. Seek additional information 7. Question suspects (after administering Miranda warnings) Copyright © 2014, Elsevier Inc. All Rights Reserved

12 Partitioning Responsibilities Different responsibilities belong to various parties involved: – Evidence Technician – Criminalist – Forensic Pathologist – Forensic Anthropologist – Detective Copyright © 2014, Elsevier Inc. All Rights Reserved

13 Responsibilities Evidence Technician – Recording crime scene – Recognizing, collecting, and preserving physical evidence Criminalist – Recognizing, collecting, and preserving physical evidence – Sometimes responsible for recording crime scene Copyright © 2014, Elsevier Inc. All Rights Reserved

14 Responsibilities Forensic Pathologist – Identifying the victim – Estimating the time of death – Establishing the cause and manner of death – Sometimes contributes to recognizing, collecting, and preserving physical evidence / ascertaining the motive for the crime Forensic Anthropologist – Recognizing, collecting, and preserving physical evidence – Identifying the victim Copyright © 2014, Elsevier Inc. All Rights Reserved

15 Detective (Investigator) Responsibilities Recording the crime scene Recognizing, collecting, and preserving physical evidence Ascertaining the motive for a crime Seeking additional information Questioning suspects Develops authentic info for identifying the victim Copyright © 2014, Elsevier Inc. All Rights Reserved

16 Motive Importance Categorizing Motives – Financial Gain – Sexual Gratification – Apparently Sex-Connected Homicides – Emotional Factors – Self-Protection (e.g., Interrupted Crimes, Eliminating an Eyewitness, Slaying a Potential Informant, Removal of an Inconvenience or Impediment) Copyright © 2014, Elsevier Inc. All Rights Reserved

17 Apparently Motiveless Homicides Stranger killing stranger Far less frequent, but on the rise Gang shootings “Thrill” killing – Homeless, vagrants, individuals based on race or ethnic background Mistaken Identity – Infrequent – Absence of motive is significant Copyright © 2014, Elsevier Inc. All Rights Reserved

18 Determining Motive Crime Scene – Crime picture People – Thorough background on the deceased may provide insight into a likely motive for the homicide List of people can then be compiled and narrowed Records – Insurance policies – Business practices Copyright © 2014, Elsevier Inc. All Rights Reserved

19 The Crime Scene as the Focus of the Investigation Is This an Unlawful Homicide? Is This Homicide Simulated as Suicide? Who is the Deceased? What Was the Motive? Is There Associative Evidence Present? Reconstructing What Happened May have only ONE Opportunity Copyright © 2014, Elsevier Inc. All Rights Reserved

20 The Body as the Focus of the Investigation Who is the Deceased? Establishing the Cause and Manner of Death – the Autopsy – External Examination (clothing; weapon; circumstances of death; if body was moved after death) – Internal Examination (incisions to remove organs, tissues, fluids; samples for chemical analysis; cause and manner of death) Copyright © 2014, Elsevier Inc. All Rights Reserved

21 Reconstructing the Crime Was the body moved after death? What occurred, and how did it occur? How much time would it take to inflict the injuries? Circumstances and where found Postmortem lividity (Livor mortis) Forensic entomology Copyright © 2014, Elsevier Inc. All Rights Reserved

22 What Time or Times are Involved? Last Person to See the Victim Alive Checking a Witness’s Story Time of Death – Rigor Mortis – Body Temperature Other Factors – Stomach Content – Insect Growth – External Factors Copyright © 2014, Elsevier Inc. All Rights Reserved

23 What Time or Times are Involved? Victim’s Residence (e.g., news or mail not picked up; blinds or shades; lights on or off) Personal Habits Time Sequence – Accuracy – Was There Sufficient Time? – Delayed Departure – Its Significance – Time Line Copyright © 2014, Elsevier Inc. All Rights Reserved

24 What Occurred? – How Did It Occur? Autopsy Reports – Injuries: – Abrasion – Contusion – Fracture – Incision – Laceration – Wound – Trauma Copyright © 2014, Elsevier Inc. All Rights Reserved

25 Wounds Gunshot Wounds – Entrance Wounds – Firing Distance – Characteristics of Entrance and Exit Wounds – Number of Wounds Cutting and Stabbing Wounds – Suicidal Wounds – Homicidal Wounds Blunt Force Wounds Copyright © 2014, Elsevier Inc. All Rights Reserved

26 Wounds Asphyxiation – Smothering – Strangulation Manual Ligature Hanging Poisoning Drowning Burns – Are the Remains of Human Origin? – The Victim: Alive or Dead When the Fire Started? Antemortem and Postmortem Injuries Copyright © 2014, Elsevier Inc. All Rights Reserved

27 Those Who Knew the Victim Information that may be elicited by interviewing a victim’s associates include: – The suggestion of a motive for the crime – The naming of a suspect or suspects and providing the reasons for such charges or beliefs – Describing the unusual activities and habits of the deceased permits his or her movements to be traced at the time of, and just before, the death The last person to see the victim alive may provide valuable insight Copyright © 2014, Elsevier Inc. All Rights Reserved

28 Canvassing Generally confined to the immediate crime scene area Places and locations visited by the deceased should be revisited Copyright © 2014, Elsevier Inc. All Rights Reserved

29 Informants Some perpetrators appear to have successfully avoided detection, but will relax their guard and talk after the initial fear of apprehension passes – Brag about exploits – Example: Conversations overheard in a neighborhood bar Copyright © 2014, Elsevier Inc. All Rights Reserved

30 The Value of Records in Homicide Investigation Insight into Motive – Who Benefits? – Written Materials – Computer Records Tracing Ownership Previously Recorded Activities Follow-Up Action Copyright © 2014, Elsevier Inc. All Rights Reserved

31 Cover-Up Attempts Accidental Means – Vehicles – Firearms – Fire – Poisons Explainable Means – Simulated Felony – Self-Defense Diversionary Means – First Person to Report the Crime – Contrived Alibi – Ruse Partial Cover-Ups Copyright © 2014, Elsevier Inc. All Rights Reserved

32 Missing Persons Apparently Involuntary Disappearances – Children Family Abduction Non-Family Abduction Runaways Thrownaways Lost, Injured, or Otherwise Missing – Adults – Adolescents Misleading Reports Copyright © 2014, Elsevier Inc. All Rights Reserved

33 Multiple Deaths Several Mortalities – All Part of One Event – Double Homicide – Family / Residence Murders Intrafamily Killings Home and Workplace Invasions – Home Burglary-Turned-Homicide – The Clutter Case – Mass Murders [Crime spree (spread over a period of time)] One event – Random Shootings – All Victims Die in One Event Copyright © 2014, Elsevier Inc. All Rights Reserved

34 Multiple Deaths Multiple Killings – Separate Events Spread Over Time Crime-Spree Mass Murders – Occur infrequently – Generally solved Serial Murders – Value of motive is nullified (usually committed by a male prompted by a sexual or aggressive drive to exert power through killing) Copyright © 2014, Elsevier Inc. All Rights Reserved

35 Violent Criminal Apprehension Program (ViCAP) Criteria for Submission/Acceptance – Homicides – Missing persons – Unidentified dead bodies Copyright © 2014, Elsevier Inc. All Rights Reserved

36 The Role of Routine Police Work in Solving a Serial Murder “Lonely Hearts” Killings Poisonings – Investigating a suspected poisoning – Significance of acute and chronic symptoms – Physical evidence at the scene of death – Body excretions – Transmission of evidence – Checking records Copyright © 2014, Elsevier Inc. All Rights Reserved

37 Dying Declarations Antemortem statement Hearsay evidence; subject to cross-examination Several conditions must be met; generally not admissible in court; it is allowed into evidence in homicide cases in certain jurisdictions May be oral, written, or recorded Has to be persuasive When close to death, supposedly, people don’t lie Copyright © 2014, Elsevier Inc. All Rights Reserved

38 For Dying Declaration to Be Admissible The victim must believe he or she is about to die The victim must have no hope of recovery Declaration must – Identify the person responsible for his or her condition – State the circumstances and manner by which the mortal injuries were inflicted Victim must be rational and competent Victim must die from the injuries received Copyright © 2014, Elsevier Inc. All Rights Reserved

39 Conclusion Homicide more rare than other major crimes Higher “solve” rate than other crimes: 1.Greater allotment of resources 2.Particularized motives narrows suspect pool 3.Physical evidence availability 4.Reconstruction possibilities 5.Forensic pathology assistance Copyright © 2014, Elsevier Inc. All Rights Reserved