Homicide Investigation

Henri Pamphile

Professor Martinez

CRJ 4

18 November 2005

Homicide Investigation

Our society does a pretty good job of tracking dead people and determining criminal causes of death. "There's only about 25,000 homicides a year, and you can probably have some confidence in that number as an accurate figure representing the real number of homicides every year. Homicide is a crime with a pretty high clearance rate; at least 65% of all homicides are solved by arrest of the perpetrator, and some years, the percentage is closer to 85%. Guns, alcohol, drugs, love, felony-murder, blunt force trauma, knife fights, and strangulation are all associated with homicide" (Gerberth 257). The Law of homicide needs to be clearly understood. 1st degree (cold-blooded murder) requires proof of premeditation, deliberation, and malice, planning, coolness, scheming, 2nd degree (hot-blooded murder) requires proof of malice aforethought and intent to do bodily harm. For all practical purposes, malice aforethought is the same as premeditation. Voluntary manslaughter (heat of passion) requires proof of provocation and no time to cool off ,self-defense is a common defense. Involuntary manslaughter (accidents) require at least a reckless neglect of the consequences (insanity is a common defense). You should treat all cases of death that you come across as a homicide at first, even suicides. Remember that motive, circumstance, and purpose are key elements in determining exactly what type of homicide you're investigating. Be prepared for self-defense and insanity claims. Look at the crime scene for evidence of passion provocation, and signs of struggle. Analyze the wound patterns, and try to reconstruct what happened from the fingerprints, bloodstains, and ballistics.

"If you are the first at the scene of crime, then exercise procedures called for in the acronym ADAPT (Assess scene, Detain witnesses, Arrest perpetrator, Protect scene, and Take notes). If the victim is still dying, then take their dying declaration. This is compelling courtroom evidence. To be admissible, the victim must believe their death is imminent, and what they say must specifically concern the cause or circumstances they believe about their looming death"(Hughes 145). If the victim is apparently dead, determine if they are really dead and/or attempt resuscitation. Here's the legal signs of death: no respiration ,no heartbeat ,no pulse ,fingernails don't flush when pressed ,eyelids don't close when lifted, and no pupil dilation to light. If the dead person is missing, ask any witnesses if they know where the body might be. If paramedics, the coroner's office, or Medical Examiner took it, remember that they "own" the body, but you control the crime scene. Use witness accounts to put chalk lines down where the body was. Start note taking on characteristics having to do with body location, then turn to likely entry and exit points. Secure the scene after that, and then record your own movements. If it begins to get dark, and the scene is dark, call the fire department because they usually have excellent lighting equipment.

The body of a dead person is like a encyclopedia of information and knowledge, if only you know how to read it. The thing to remember is always corroborate, and double-check your identification sources. Don't assume the ID in the victim's wallet isn't a planted ID. Assume that everyone at the crime scene is going to lie to you. Confiscate all personal effects of the victim. "Look at the victim's clothing and body for stains, laundry marks, monograms, tattoos, etc. Be mindful of planted evidence. Take pictures (facial shots, if not too graphic) and get a family member or somebody to ID the person (if not too graphic). Order fingerprinting, DNA tests, dental X-rays, forensic anthropology on the bones, or whatever you need to do in identifying the body. As a last resort, release a composite sketch to the media Do You Know This Person?" (Osterburg & Ward 201).

When estimating the time of death look at the body, how it's posed, look at the wounds, look for defensive marks on the knuckles or pieces of skin under the fingernails, anything that might indicate a struggle ensued. Examine the skins surfaces for wounds, pinpricks, needle marks. Look to see if anything's in the mouth, vagina, or rectal areas. If your victim's been raped, do a pubic hair combing. Bag & tag any traces of fluids. If your victim's been strangled, determine if there are any ligature marks. Strangulation marks are horizontal around the neck, and hanging marks are on an upward angle to the back of the head. Determine any poisoning or drugs from odors, color of lips, toes and fingernails.

'The facial expression may tell you something or it may not (most of the time not, as upon death, the facial muscles relax and it is virtually impossible to determine what caused the death). Experienced investigators have marveled over the peaceful faces of victims who have undergone horribly painful deaths. "Nevertheless, there are some possibilities that you can go by as long as you realize we're treading more on myth than science here."(Axel Rod & Antinozzi 308). Death by firearms may result in a shocked look of expression on the face. After all, that's what you die from in a gunshot injury: shock, either that, or they hit a vital organ. A strangulation death may have a gasping for air look. A blunt force trauma death may have a more painful than peaceful look. A knife or bleeding death may involve a fairly relaxed look. "A drug overdose may be likely to involve a smile on the face, and some types of poisonings (strychnine) produce such violent convulsions that the back arches and this causes the facial muscles to contort into a sardonic grin. In reality, however, it is unlikely that you will be able to make estimates from facial expression, since this is not a sound method of investigation. When death occurs, the muscles relax, and are especially more relaxed by the time you look at the body in the morgue. If you know bloodstains or ballistics, conduct an analysis of angle and points of trajectory"(Hughes 278). Look around for the murder weapon. It might be down the point of exit. The coroner's report may or may not be of any use to you. Often, they are full of medical jargon about the mechanism, not the cause, of death.

Next, you need to find out everything you can about your victim's background, especially their last activities in the previous 24 hours. This is called Applied Victimology, and it's your primary means of determining suspects. Examine telephone