1. Homicide and Aggravated Assault
Chapter 11

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

3. 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

4. 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

5. 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

6. 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:
(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

7. 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)

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. Offender Characteristics
Murder suspects
The majority of arrested murder suspects (70%) are 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

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

23. 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

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

25. Chart Showing Changes in the Deceased Over Time

26. 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

27. 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

28. 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

29. 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

30. 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)

31. 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

32. DNA Evidence–An Important Link to Suspects

33. 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

34. 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

35. 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.

36. Student Questions