Homicide Investigation - Research Paper Example

Lecturer: August 11, Introduction Homicide is the killing of an individual by another person. In some countries, the killing of a viable fetus does not count to homicide crime unless if the fetus is the first place born while alive. A homicide can be justified or excusable depending on the surrounding conditions. In justified case, homicide is a criminal act that is legal according to law. The authority has legalized some of the homicides. For example, during times of war soldiers may get commands to kill their enemy soldiers because they are attacking them (Kadish, 1983). In most of homicides, the victim knows the individual responsible for death. Because of this, it is very vital to understand the possible motives for homicide. According to Lafave and Austin (1986), common motives include financial gain, self-protection, emotional factors, sexual gratification, and elimination of nuisance as well as love-related homicides. This research paper is about the major sources of evidence required for a homicide investigation and ultimately a conviction for the crime of homicide. Homicide Investigation Practical experience, proper training and education facilitate the specialized field of homicide investigation. For homicide investigation to be successful, the investigators must get some evidence and access the scene of crime the victim used. Effective investigation involves three basic principles. Patrol officers have to respond in a rapid way to the scene of homicide crime to protect materials that they will use as evidence against the suspect before they are lost, destroyed or altered (Chan, 2000). Anything present at the scene of homicide gets enough attention and hence used as source of evidence in court. The evidence can be either testimonial or physical and security officers must preserve, note and present it to a team of investigators. Testimonial at the scene of the crime are eyewitnesses or spontaneous statements of the suspect at the scene. The witnesses and security officers notify homicide investigators immediately after securing the scene of the crime (Kadish, 1983). In homicide investigation, deceased identification and time of death are two key features in determining the cause of death. While investigating a homicide, there is the inability to identify the decedent that greatly complicates the process of investigation and hence prevents it from making advancement. Due to this constrains, investigators normally require help of experts in the medical and scientific fields. They have to develop a working link with experts like forensic pathologists, botanists, toxicologists, and entomologists who provide necessary help to the case. The investigators use all available evidence in their investigation (Kadish, 1983). Blood Spatter Evidence Blood evidence that associated to the crime may give information that solves the case and thus it is vital to correctly document, collect and preserve this kind of evidence. This is because when there is improper handling of blood evidence then it weakens or damages a potential source of facts in the case. Well-collected and preserved blood evidence strongly connects an individual and a criminal act. Absence or presence of blood evidence either contradict or boosts a statement that a witness or a suspect makes in court hearings. The provision of blood evidence serves as a tool to aid the investigator in the required direction to solve the case. As noted by Lafave and Austin (1986), if investigators document, collect and store blood evidence properly, they can even present it in court several years after the crime was committed. To effectively process blood evidence, there has to be a proper communication between the first officer who responds at the scene of the crime, case investigators, investigators of crime scene, forensic scientists who analyze evidence as well as the assistant district attorney who is in charge of the case. Most importantly, communication has to exist between crime scene investigator and forensic scientist because they key stakeholders to prepare evidence that in turn they use against the suspect. An investigator at the scene of the crime must know the capabilities of the laboratory, methods of collecting blood and preservations that the laboratory prefers. The crime scene investigator must meet on regular basis with his or her forensic scientists to establish the most convenient way of collecting and preserving blood evidence (Torcia, 1994). In some situations, investigators use stains of blood as a supplement tool for determining postmortem interval. The analysis of the pattern of bloodstain is important in establishing and reconstructing the mechanism that caused blood flow (Lafave & Austin, 1986). It is vital to remember that due to the force of gravity, the body can release blood while still alive or dead. DNA Testing Every individual has unique DNA fragments that vary in shape from one human being to another. Investigators use PCR in forensics to test the DNA, and they start with the DNA sample that is the tiniest and hence creates identical copies at a higher rate until investigators have enough DNA to use in the tests (Asplen, and Corazon, 2007). DNA is the strongest evidence and reliable in identifying criminals, and very accurate in instances where biological evidence exists. The analysis of DNA has greatly assisted investigation of crimes. After obtaining minuscule samples, forensic scientists usually solve the crime and absolve any innocent suspect who the security officers may have arrested in connection with the crime. DNA is a vital tool in ensuring that accuracy and justice exists in the criminal justice system. DNA solves crimes in one of the two ways. In the first case, after identifying the suspect, the similarity between the DNA samples of the suspect to the evidence that they collected from the scene of the crime is established. The outcome of this comparison assists in establishing whether the suspect real committed the crime. Secondly, after identifying the suspect, the investigating officers can analyze and compare biological evidence obtained from scene of crime to the profile of offenders in databases of DNA to identify the suspect. The connection of evidence from one scene of crime to another is by use of DNA databases available in the system (Asplen and Corazon, 2007). The Combined DNA Index System (CODIS) is an improved database and contains enhanced profiles making use of present biological evidence as well as evidence that investigators collected so many years back. As explained by Asplen and Corazon (2007) this is a computer system index comprising of a digital network. This is a distributed database containing electronic DNA profiles from crime scene evidences that were not solved convicted criminal offenders as well as missing people CONIS links forensic DNA laboratories at the local, state and national levels. When a match occurs on the forensic index then it clearly indicates a possible connection between two or more previous cases that had a relationship. A match of offender index match can avail a suspect for cases that they did not solve. Qualified DNA Analyst verifies a list of candidate matches provided by CODIS. The security agencies obtain DNA samples from convicted offenders and then retain the profile samples that come from those samples in databases. They compare the entries in the database against biological evidence of DNA profiles. Most States are now required to collect samples of DNA from all convicted juveniles and felons suspected for any offence (Asplen and Corazon, 2007). Crime Scene Preservation It is very important that investigation officers arrive at the scene of the crime to offer the required preservation, detain witnesses and arrest any suspect if possible. They ensure safety of all involved parties before proceeding to take further actions (Torcia, 1994). The officers use investigators from the squad or other specialized units to respond to the scene of the crime after first respondents, the body of the victim, specialized units and witnesses has gone and the crime scene has given the required sanitation. Kadish, (1983) points out that this is to reconstruct the scene of the crime after an autopsy and search for items initial were of no importance but as the case progresses they become sources of evidence. The safeguarding of the scene may take a number of months and this ensures that no evidence gets lost. The initial response is very important and investigations must get the required control and documentation by the first responding investigators because they are held accountable for the outcome of investigations. After arriving at the scene of the crime, the investigators have to establish and secure the scene. They note arrival time, lighting and weather conditions (Lafave & Austin, 1986). In addition, they normally identify the first officer to brief them and write down the statement because it influences later developments of investigations The officers normally secure the scene and do not allow people to disturb potential evidence. The police take positions in places where people can gain access. When a team of trained forensic personnel arrives at the scene of the crime, they collect evidence without contaminating or disturbing materials at the scene of crime. After identifying the scene of the crime, the observation of protection and preservation is necessary because moving of an object from the scene damages most of the evidence because there is returning of the object in the same position and this affects the evidence to use against the victim (Torcia, 1994). There is identifying of physical evidence and setting up of boundaries to secure the evidence. The physical evidence is listed down because they the most frequently evidence at the scene of homicide crime scene. Evidence Chain of Custody This is a very vital part of processing a crime scene. When an investigator collects a piece of evidence, the following must be included. The number of the case, identification number, short description about an item, time, day, date as well as place of collection and the name of an individual who collected the evidence (Chan, 2000). The evidence collected is stored in the custody. When presented to criminal lab, the person in charge must approve all the details and thus sign it. The approval of evidence is at a regular rate and while examining the sample at any particular time, it moves from one person to another. Maintaining chain of evidence ensures that no one tempers with collected materials of evidence. All items are stored in bags, labeled and given a log to indicate the person who took evidence to the laboratory. In every case, there is testing of the evidence or opening of the bag to examine the object (Kadish, 1983). The containment of the evidence is not only to ensure that the log is kept for testing but also for protection of evidence to ensure that it does not contaminate with substances. Physical evidence is required while carrying out investigations. This is something that is tangible and it can be either small or large which disapproves or approves a point in question. Proper collection and disposition of physical evidence from the scene of crime and the body of the deceased are of great importance to investigators and court presentation (Chan, 2000). As noted by Lafave and Austin, establishing chain of custody saves the investigator from continuous allegations of contamination, theft, tampering or planting of evidence. Before investigators remove any evidence then they should design the custodians of evidence and maintain a chain of custody for available evidence. The integrity of evidence holds if there is proper documentation, collection and preservation. When chain of custody is in a proper position and observing prompt transportation of evidence then this reduces chances of tempering with the integrity of evidence Crime Laboratory Procedures Forensic scientists operate crime labs and have a task of comparing evidence that they get at the scene of a crime to the evidence that they use against the suspect. These scientists follow a number of procedures to ensure that their findings are not questionable before law courts. The foremost procedure is to ensure that the scene of the crime gets maximum security until there is completion of collecting evidence. The security officers will have to come up with a crime scene tape and secure the area to shun away bystanders in and hence damaging available evidence. This report is not necessary unless if the court requires to use it as evidence in court (Chan, 2000). In the crime labs, there is the testing of paperwork that accompanies the presented evidence. The tests done on evidence must have a report to explain the findings and ways in which they did the test. As observed by Chan (2000) the development of Laboratory Information Management Systems (LIMS) has automated handling of evidence and casework management. This improves the speed and integrity of procedures that handle evidence to enhance proper chain of custody. There is support for retention and storage of forensic evidence. This is because forensic evidence has to be stored in a manner that impresses its integrity and maintains its being for the entire criminal investigation process and hearings in court. This plan will support improvements of capabilities of storing evidence (Chan, 2000). Ballistics Fingerprint Technology This technology does three types of examination on weapons; they include operability studies, microscopic comparisons and serial number restorations. Operability studies establish if the weapon is able to fire (Kadish, 1983). This is key issue when the trial takes place a court. Microscopic comparisons establishes a relationship between bullets and shell casings with the aim of attempting to identify weapons used in a particular crime and to link the weapons used in some unrelated crime incidents. (Kadish (1983) explains that in the serial number restoration, they use chemical agents to restore serial numbers that the victim disfigured deliberately. When firing a gun, the ballistic fingerprints that are marks on casings of cartridges and marks on the bullet are unique because fingerprints of human beings always leave identical marks. In sniper shootings, the police officers always match fragments of bullets from every suspect in order to identify the gun that the suspect used. The law enforcement needs to have national database for the ballistic fingerprints for every gun before selling them. This mechanism enables them identify the model, manufacturer and the serial number of the gun that contained the bullet that they used to fire (Torcia, 1994). The unique and qualities of ballistic fingerprints that can be reproduced are important for rapidly solving gun crimes because it easier to know the weapon that the suspect used. This technology is reliable in identifying the suspect. The examination of cartridge casings, discharged projectiles and weapons is in the lab (Torcia, 1994). During examination, a laser analyzes and measures every striation on bullets. Comparing of the fingerprints stored in the database to striations on bullets from other cases takes place. The design of this database enables it not to forget the fingerprint of cartridge case or a bullet. Trial Testimony The aspect of homicide investigation that is fraught with dangers is interviewing eyewitnesses (Chan, 2000). Given the weakness of human memory, the public hardly believes in what an individual testifies because people believe that most people are not reliable. The questions in the interview must be direct so as not to distort memory of an event in one direction or the other. The witnesses must also submit their part of the story immediately after the incident before their memory fades and the intervening time influences it greatly (Chan, 2000). While testifying, the witnesses must get maximum protection because they receive threats to scare them from testifying. The witnesses of homicide cases relate to either the victim or the suspect hence making the testifying process to be complicated. On trial testimony, the investigating team normally has a trained expert who will consult with lawyers to ensure proper structuring and presentation of their case in court for trials. This expert receives all information concerning the case, which enables them to prevent their client well in court. The witnesses are there to make evidence against the victim become strong (Chan, 2000). These experts furnish factual data and explain scientific principles to lawyers in the course of pretrial investigation. They give their own opinion based on the evidence that is on the ground. They testify to test procedures and outcomes as well as clarifying the meaning of real witness. The experts who need to testify are present to attack the case of oppositions by preparing the expert in court to cross-examine the ability of the expert from the opposing side. The expert must understand the rules that govern the admissibly of testimony of experts. Indeed Chan, (2000) says that, the expert has to present a relevant testimony that has to assist the judge in deciding the case. The expert has a chance of giving an opinion that embrace an ultimate issue that is vital to the trial. The judge determines the relevance of the opinion. Conclusion In conclusion, homicide crimes occur in the events when a criminal develop has some motive for killing the victim. For example, financial gain, self-defense, and sexual gratification, just to mention but a few. After killing a person, the criminals always try to damage any available materials investigators can use as a source of evidence. This includes burning of the body to damage it completely. However, in many cases they are caught after through investigation. The investigators get to the scene of the crime and get the first response from eyewitnesses and take photographs if possible to enable them have enough evidence while in courts. Advancements in technology have made the investigation processes in homicide crimes to be easier. For example, the use of DNA testing is the reliable and an accurate way of investigating crime case where there is biological evidence against the culprits. This is because the investigators compare the samples from the federal database with those from the scene of crime and hence identify the real person who committed the crime. The use of this mechanism has assisted the investigators to revisit the crimes that they did not solve due to lack of evidence. The comparing of evidence from the scene of crime to that which the central database has is applicable to other methods of investigations. Scene preservation ensures people do not interfere with the available evidence before investigators use their investigators to collect it. The forensic labs are of the current technology and this enables them to properly store evidence that investigators use against the suspects. References: Asplen, C. and Corazon D., (2007): The Impact of DNA Evidence in Addressing Human Rights Issues in the Philippines and Other Uses of DNA Worldwide: National Institute of Justice Chan, S., (2000): Rates of Assisted Suicides Rise Sharply in Oregon: Student BMJ 11. Kadish, S., ed. (1983): Encyclopedia of Crime and Justice. Vol. 2: Free Press: New York Lafave, W. & Austin W., (1986): Substantive Criminal Law: Vol. 2: St. Paul, Minn. West. Torcia, C., (1994): Whartons Criminal Law. 15th ed.: Clark, Boardman: Callaghan: New York Read More