Homicide Crime Scene Investigations - Research Paper Example

Research Paper On Homicide Crime Scene Investigations Order No: 807171 Law March Homicides are generally criminal offences committed by any person against the state and punishable according to law (Card, 1998, P.1). They are either lawful or unlawful such as murder, manslaughter, defilement, rape, robbery among others (Card, 1998, P.167). However, in this paper, the researcher is interested in “Homicide crime scene investigation.” The author takes a keen interest in examining the conduct and the predicaments of these investigations and their relevancy to the criminal law justice system. When a homicide has been committed or there is a person suspected of committing or is about to commit a crime, it is prudent that investigations are commenced to determine whether or not the homicide was or is being committed. There is need to assemble the evidence to be tendered in court for proof of that commission. Sometimes the manner in which such evidence is investigated and tendered in Court leaves a lot to be desired where upon critical evidence is left out thus allowing a guilty person to be acquitted. Evidence is gathered to enable Court and its officers in arriving at a fair conclusion. The state machinery responsible for these investigations is the police acting as a law enforcement agency. However, these investigations come along with their own problems forming part of this research paper. In this paper, the writer has assessed the manner in which these investigations are conducted and conclude that it is still a lingering process since crimes are committed every day. When a homicide is committed, it’s reported to police and registered in the “Criminal register book (CRB)”and it is given a number. This number will act as a reference in the entire investigation process in order to maintain a meticulous flow of information without contamination. In other areas, the insufficient funding makes it difficult to carry out meaningful analysis yet crimes keep on accumulating daily. Below is a further analysis and appraisal of this noble subject of jurisprudence. A critical Appraisal of the conduct of “Homicide Crime Scene Investigations” At every police center, there is an officer in charge of these investigations known as the “scene of crimes officer.” This officer will conduct an inquiry into the homicide committed, compiles data and reports his or her findings to the superior officer(s) on whether or not there is sufficient evidence to support the offence committed by the suspect. In doing so, the officer must pay due regard to the circumstances leading to the commission of that offence and whether the suspect is responsible for the commission of that homicide (Vernon, 2003). If after the investigations, it’s found out that the person who committed the offence is not the suspect, then he or she will be released and the police will cause the arrest of that other person responsible. Notable though is that no person is arrested until there is evidence pointing to him or her as the offender. Such findings will be analyzed by the state attorney who will then advise the police on whether or not there is sufficient evidence to prosecute the homicide. If there are gaps in the report that needs to be filled upon primary investigations, the state attorney may advise that a further investigation be done to fill the lacuna. Where upon, the investigations are complete and the officer together with the “Director of public prosecution” are convinced that the evidence is sufficient enough to prosecute the offence, then a charge sheet shall be drawn, sanctioned and taken to Court for trial and proof beyond reasonable doubt. However, how the officer gathers this information is a question of paramount consideration in this paper (Geberth , 2006, P. 2). “Homicide crime scene investigation” is the most vital part in criminal investigations. The investigating officer must uphold a higher level of responsibility and undertaking. There are however, stages observed in this process which must be strictly adhered too. One of the most important parts of primary investigation is the physical search. The investigation must be thoughtful, objective and thorough in order to enhance the keeping of law and order in society. Physical search means conducting investigations at the place where the offence is believed to have been committed. One undisputable factor is that all “homicide crime scene investigations” are unique in nature depending of the degree of commission of the offence and where it took place. So, officers should cooperate with the community at the scene of crime for best results in investigation (Geberth, 2006, P. 3). Another preliminary step is rushing at the scene as soon as crime is detected and the manner in which the crime scene is approached is of paramount consideration. Investigations start as early as possible through radio calls prior to arriving at the scene. The investigator shall thereafter and as soon as possible arrive at the scene to avoid any interference with valuable exhibits. When officer is about to arrive at the scene, his more alert and his or her sense of observation is turned on and all other senses should be utilized as well as in what is being seen, heard, or any form of smelling and recorded. In observation, the officer should be looking at anything unusual like sound, odor among others. It is from these observations that meaningful conclusions will be taken. These are the preliminary things that will form the foundation of gathering the possible evidence. However, if the officer is incapable of utilizing all his or her sensory nerves, there is a high likelihood that he or she will gather falsified evidence thereby defeating the course of justice which would let the guilty be acquitted and innocent punished for the wrongs of another. Therefore, this is a very critical moment in investigation requiring objective practical experience and expertise (Geberth, 2006, P. 2). As soon as the officer arrives at the scene, he or she immediately secures the place by fencing and gazzetting it in an attempt to protect and or preserve the homicide crime scene (Geberth, 2006, P. 5). This act informs the general public that the place is under investigation and there is no access to it except under the authority of the investigating officer. The rationale is to avoid any interference with the evidence because it may jeopardize the entire process and justice system as reported in other cases. Determine whether there has been no intrusion into the place by any other person prior to entering into the scene. If there is any, then find out who that person is by inquiring from the eye witnesses (Geberth, 2006, P. 4).That person shall there upon become a potential suspect to assist in the investigation. However, mere use of sensory observation without corroborating evidence from the scene does not guarantee commission of offence until the scene has been scientifically analyzed and samples tested in the forensic laboratory. Then enter into the scene and take out sample for laboratory analysis like soil samples, body fluids and or blood like in murder cases. When analysis has been done, the lab technician will then compile a report to be relied upon at a later stage. Thus, securing the “homicide crime scene” is essential (Geberth, 2006, P. 6). The other step should be that of surveying (Geberth, 2006, P. 5). As stated above it’s important to conduct a visual survey of the place by walking around the boundaries of the scene to ascertain whether there are obvious things pointing to the commission of the offence. It is at this stage that a rough sketch map of the scene is drawn. For instance, if the scene is in a building, determine whether there are open doors, windows, ladders, damaged ventilators among others. Is there any person on the watch to inform others inside the building that the police have arrived? Where upon it is in an open space, is there any footstep or blood stains leading into or out of the scene of investigation. Thereafter enter the scene and go direct to the actual place where the incident occurred. In the process take photos and survey all the adjoining places. Involve the community members to determine whether the suspect is among them or they know the person who participated in the commission of the offence. Take statements from eye witnesses which will be relevant in corroborating evidence. Where upon the incident involved the use of a gun, take samples of any evidence at the scene for laboratory analysis. This is what is referred to as “collecting physical evidence.” The process is very hectic but important in understanding the nature of offence committed and how it was carried out. If the officer fails to prudently do these things, he or she is most likely to fail the process. This helps the investigator to learn more about the victim through in-depth thinking and analysis (Geberth, 2006, P. 22). Once all the above has been properly done then the officer evaluates that evidence. In doing so, one should pay regard to the fact that in all criminal proceedings, the suspect or accused person is presumed innocent until proved guilty or until that person voluntarily pleads guilty. It is therefore incumbent upon the investigating officer to determine whether the evidence gathered is sufficient to point to the guilt of the accused person. Since the police forms part and parcel of department of criminal prosecutions “(Director of Public prosecution)”, the burden of proving the offence is beyond reasonable doubt and rests upon them. The purpose is that investigations should commensurate with operational undertakings at the “homicide crime scene” (Geberth, 2006, P. 944). That explains why evaluation is important before tendering the evidence. Deep thinking at this stage is very important in relation to the offence in which you are answering questions of what, when and how it happened. For example, whether the criminal act happened, who are the victims of this act; whether there is any real evidence recovered from the scene, the time when it happened, history relating to similar offences in the area, the nature of instruments used in the commission of the offence among other legal issues. Relevant though is the conduct of the offender. The rationale is to determine the nature of evidence to be relied upon and if there are facts forming part of the same transaction to place the suspect at the scene of crime. Evidence to be evaluated is real evidence, oral evidence, circumstantial evidence, documentary evidence, corroborating evidence, expert evidence like that of a medical doctor or forensic expert among other notable evidences. These evidences shall be evaluated with facts of the homicide to assist the state attorney in proving the case. Therefore, the manner in which the investigating officer conducts the investigation will determine whether or not there is credible and reliable evidence to prosecute the offence (Geberth, 2006, P. 109). Thereafter will be preparation of a data to be placed in the file in form of a narrative of the facts capturing the major elements of the offence. As an investigating officer such information must be documented bearing in mind that at an appointed time, the case shall go on trial and hence it should be meticulously narrated to avoid confusion. The officer must also be aware that he or she will be called in to testify on the same. The fact that they deal with so many cases at a time requires documentations to avoid speculations, mixing facts of one offence with another and laying strategies for giving evidence in Court. Capture all the important documents as documentary evidence and so all photographs taken must be printed because they will be tendered in Court during trial and relied upon. This is also followed by detailed sketch map of the scene of the Homicide with the help of other officers at the scene taken during investigation. Verify the sketch for it will form a subject of examination in Court to which you do not need to be embarrassed as the investigating officer for doing shoddy work and defeating the course of justice. Therefore, before leaving the scene, make sure that you have located every tiny particle of evidence during inspection and if at this moment you realize something is missing, go back to the scene and collect that piece of evidence prior to releasing the place for public access (Geberth, 2006, P. 29). When Potential evidence has been recorded, then resort to electronic video photographing and ascertain if it is in conformity with the written, oral and documentary evidence among other pieces of evidence. Edit it where necessary without deleting relevant information. Remember that you are not only investigating for prosecution but also gathering evidence that may assist the accused person in proving his or her innocence in order to confer a fair hearing (Geberth, 2006, P. 1). As earlier stated, some homicides are lawful if the person was acting under self defence or if it was committed under the mitigating factors like provocation that reduces the charger of murder to manslaughter, then the evidence must help both the prosecution and the defence. Some officers in these investigations tend to be very subjective than objective which in some ways defeats the course of justice. Therefore, this is a primary responsibility of the investigating officer to investigate evidence that assists all parties to the homicide. Mark each and every piece of evidence and package it in such a way as to assist court and others officers of Court in arriving at a fair conclusion right from the time the evidence is picked up to the time it is tendered in Court. You must record statement of the expert who conducted the digitalized or electronic evidence for possible examination in Court to test credibility and reliability of that evidence. Note that failure to do so will make Court to disregard vital evidence as being unreliable and credible. After ascertaining that every piece of evidence has been identified and documented, read through the entire file and then take it to state attorney for further analysis. At this moment you should be in position to release the crime scene to be accessed by the public as an indication that the investigation process is complete. It remains the role of state attorney to determine whether the case will proceed for trial or not. The officer will only be called on for further clarifications (Geberth, 2006, P. 29). Challenges of “Homicide Crime Scene Investigations” One of the major challenges of these investigations is in community cooperation. Sometimes there is a pessimistic attitude where upon people are not willing to cooperate and testify about what they know. They fear to testify in Court and therefore, it’s difficult to gather vital pieces of data. For this reason, it may take longer than expected to get the information required. If there is a person who entered into scene of crime before the arrival of the investigating officer and no one saw that person, then there is likelihood that the evidence is tempered with and discredited. For instance, if the officer didn’t get consent or a search warrant to search for valuable evidence so central to the investigation, the accused will be acquitted on grounds of infringing on his or her privacy guaranteed under the first amendment as was the case in thompson v. louisiana (1984). It is challenge because all work done by the officer is rendered useless yet it points to the guilt of the accused. The only exception is where there were cameras that captured that person’s demeanor, then that digitalized evidence will be used in investigation (Vernon, 2003). . The other challenge is the overwhelming number of cases received on a daily basis. Every day crimes are committed and the investigating officer must investigate all of them. Sometimes the human resource is inadequate and the officers are over worked. In such situations, in-depth thinking, analysis and research is avoided which may affect the overall credibility and reliability of evidence gathered. For instance, when documenting evidence from the crime scene, the investigator is supposed to take a slow methodogical approach by preserving the most critical and vital data. Detailed observation is critical at this stage and so if the work is overwhelming and there is no time to quickly to do a thorough analysis, then vital evidence is likely to be left out. It has been argued that there are situations that require quick analysis for example if the evidence is likely to be destroyed. However, in this circumstance, the threat is on destruction of valuable piece of information not overwhelming case backlog that need to be handled immediately prompting the Investigator to quickly gather all relevant information smartly and then take no time to analyze it. Therefore, limited personnel in relation to time allocated for the completion of each investigation has often times posed a big challenge in “Homicide crime scene investigations” (Allman, 2010, P. 23). A further challenge relates to the handling of blood samples in homicides involving the blood analysis. In order to bolter evidence, the samples should be properly handled failure of which may destroy the case dramatically. In some jurisdictions forensic technicians have improperly handled blood samples thereby destroying the chain of evidence. If poorly stored before testing, it will not yield any positive result. This anomaly normally occurs when there is miscommunication between forensic expert, investigating officer, detective and state attorney. The investigating officer should know the forensic logistics like the manner of blood collection and preservation applicable in crime detection. Each party must effectively communicate and even meet regularly with each other to achieve positive results. Sometimes this is not done and often discredits the relevance and reliability of that evidence (Laux, 1991, P. 1518). Conclusion In conclusion, homicide crime scene investigation is so central in criminal proceedings. The manner in which it’s conducted will determine whether the homicide committed is lawful or unlawful. As an investigating officer, should observe each step of investigation such as physical search, mapping, sketching, and evaluation, recording and tagging of evidence. The writer has found that when a homicide has been committed or there is a person suspected of committing or is about to commit a crime, the investigating officer must as soon as possible go to the scene and determine the validity of the complaint through investigations. This is what is referred to as “homicide crime scene investigations.” There is need to assemble the evidence to be tendered in court for proof of that commission. Sometimes the manner in which such evidence is investigated and tendered in Court leaves a lot to be desired where upon critical evidence is left out thus allowing a guilty person to be acquitted instead of being punished. Therefore, “homicide criminal investigation” is a very critical stage in the criminal justice system. The writer has also found out that the investigating officer upon completion of preliminary investigations will compile data and reports his or her findings to the superior officer(s) on whether or not there is sufficient evidence to support the offence committed by the suspect. In doing so, the officer must pay due regard to the circumstances leading to the commission of that homicide. If after the investigations, it’s found out that the person suspected of committing the offence is innocent, then he or she will be released and the police will cause the arrest of that another person responsible. Notable though is the fact that no person is arrested until there is evidence pointing to him or her as the offender. Such findings will be analyzed by the state attorney who will then advise the police on whether or not there is sufficient evidence to prosecute the homicide. If there are gaps in the report that needs to be filled upon primary investigations, the state attorney may advise that a further investigation be done to fill the lacuna. Hence, whereas there are challenges faced by these officers like pessimistic attitude of society towards the investigators and the poor methodological way of handling delicate pieces of evidence like blood samples, the police have to a large extent conducted these investigations properly but frustrated by Courts of law. You can never achieve criminal justice unless investigations are properly conducted. The police should endeavor at all times to gather evidence that not only favours the prosecution but also relevant for the defence. Bibliography H Allman, Tony., 2010. Crime Scene Investigations: The Homicide Detective. Washington: Lucent Books. Card, Richard., 1998. Criminal Law, 14th ed. London: Butterworth. Geberth, Vernon J., 2006. Practical Homicide Investigation: Tactics, Procedures and Forensic Techniques. New York: CRC Press. Laux, D.L., 1991. Effects of Luminol on the Subsequent Analysis of Bloodstains. Journal of Forensic Sciences, 36(5), PP. 1512-1520. Thompson v. Louisiana, [1984] 469 U.S. 17. Vernon J. Geberth, M.S., M.P.S., 2003. Practical Crime Scene Investigation: Legal Considerations. Law and Orde. Available from: http://www.practicalhomicide.com/Research/LegalCS.htm >[ May 2003]. Read More