Homicide Investigation - Essay Example

INTRODUCTION The killing of one human being by another human being has constantly raised the public's concern and attention. "Homicide is of interest not only because of its severity but also because it is a fairly reliable barometer of all violent crime. At a national level, no other crime is measured as accurately and precisely." (Fox and Zawitz). In 1989, statistics in the Interpol (the world's largest international police organization) reveal that compared with most European nations, the United States hold the highest homicide rate in the world. Homicide figures disclose that: Until 1995, the United States experienced a steady rise in homicides every year since 1960, when 9,110 homicides were recorded. The greatest increase occurred between the mid-1980s and early 1990s. In 1985, the Department of Justice recorded 18,980 homicides, a number that climbed to 24,530 in 1993. The corresponding homicide rates, which compare the total number of homicides to population figures, indicate that in 1960 there were 5.1 murders for every 100,000 U.S. citizens. By 1993, the rate had risen to 9.5.1 (Regini). "The Federal Bureau of Investigation (FBI) reports that there were 16,110 victims of homicide in 2002, reflecting a 0.8 percent increase over 2001." (Federal Bureau of Investigation, 2003.) Homicide certainly is a chief social problem in a society where violence is prevalent. The dramatic rate increase enthuse law enforcement efforts to intensify methodical homicide investigation. Traditional techniques reinforced and fortified with technological advancements and modern approaches aim to foster the progress of complex homicide cases. This subject matter appeals to me for the reason that I intend to pursue this line of work upon graduation. It is my conviction that this endeavor is a noble profession that is valuable and significant to society. Although homicide is distressing and tragic in nature, the pursuit of justice for the victims and surviving families is definitely a dignified career. That objective alone establishes a sufficient motivation for me to go through this challenge. Some may view homicide investigation as stressful, demanding and non-lucrative occupation. Nevertheless, there is no better reward than to be regarded as someone of service to the community wherein we and our loved ones are living in. I am aware that being a professional homicide investigator carries with it a great responsibility and requires utmost devotion and determination. It is my aspiration to gain knowledge and expertise in investigative strategies to become a successful homicide investigator. RESEARCH The Law of Homicide has the most complex degree (grading) system of any area in Criminal Law (The Law). In order to properly exercise practical scientific homicide investigation, it is imperative to first be familiar with the definition of homicide itself. Primitive legal codes defined homicide as taking the life of a human being and included suicide. As the legal system evolved, suicide was excluded and homicide became "the killing of one person by another." (Allen and Simonsen 1998, p. 615). Generally, if a person is accountable for the death of another person, that is classified as homicide. There was even a controversy whether abortion can be deemed as homicide: The differentiation between abortion and homicide has not always been so clear-cut. Some people consider a fetus to be a human being from the moment of conception, whereas others are more liberal in their beliefs. The debate over the line between human being and nonhuman being, with regard to abortion, is a continuous issue, but the U.S. Supreme Court's January 1973 Roe v. Wade decision eliminated the act, especially in the first trimester of pregnancy, from the definition of homicide. At the start of the twenty-first century, forty states and the District of Columbia prohibited (except in rare circumstances) abortions after the fetus becomes viable (i.e., capable of surviving outside the mother on its own)-generally after the twenty-seventh week of pregnancy. When the fetus becomes viable, it becomes a human being and, unless legally permitted, its termination falls within the realm of homicide. An ongoing legal issue is "partial birth" abortion in relation to the subject of homicide. (Regini) FBI's Uniform Crime Reporting (UCR) Program defines homicides as the "willful (non-negligent) killing of one human being by another." (Homicide Crime Statistics). Although the definitions of homicide vary from society to society, it is generally classified into two categories and is further subdivided and described below: I. CRIMINAL HOMICIDE ( Felonious ) A. Murder - the unlawful premeditated killing of a human being 1. First Degree - consists of premeditation and malice aforethought or intent to cause death 2. Second Degree - with malice aforethought but without premeditation 3. Third Degree - involves neither premeditation nor intent B. Manslaughter - unlawful killing of person with no prior malice 1. Voluntary - intentionally causing the death of another person in the heat of passion; no premeditated deliberation 2. Involuntary - sometimes called misdemeanor; an accidental homicide that results from negligence II. NON-CRIMINAL HOMICIDE ( Non-felonious ) A. Excusable Homicide - unintentional and truly accidental B. Justifiable Homicide - ordinarily involves the death of someone under circumstances of necessity or duty (commanded or authorized by law) like self-defense, capital punishment, and police shootings. Homicide is a complex case to investigate and therefore deserves careful attention. A competent investigator should be able to determine initially if death is brought about by a criminal act that merits official police investigation. The first responder or the lead investigator and the rest of the investigative personnel must possess the knowledge and skills to thoroughly and professionally investigate any possible homicide situation. Even though each homicide investigation is different, there are procedures that are useful if followed. Specific standard approaches to each crime are proven reliable. There are Law Enforcement Training Websites offering a checklist for homicide investigation that is intended to be used as guide for officers and fresh investigators. Below is a portion of a sample checklist: F. SECURE SCENE 1. Block or rope off scene. 2. Persons at Scene a. Clear unauthorized person from the scene. NOTE: You cannot worry about hurting someone's feelings. If they do not belong tell them to leave. This must include any unauthorized police command. b. Prevent anyone from touching the body or disturbing anything pending the arrival of the medical examiner, identification personnel,and investigative officers. c. Witnesses 1. Note name and address of persons present. 2. Obtain brief statement from each person present. 3. Hold witnesses until arrival of investigators. 4. Keep Witnesses separate to prevent conversation. 5. Prevent Destruction of fragile evidence such as footprints, tire tracks, etc. Homicide investigation crucially begins at the arrival at the scene. Law enforcement tells us that the first 24-48 hours in a homicide investigation are critical in determining a motive, a connection and finding witnesses. There are common approaches and standard procedures but latest technology and forensic sciences can assist in the investigation process. Computer-assisted investigations and easy access to available information and innovation in profiling speed up the operation. Each crime is unique and has elements that must be met to establish how the crime was committed. An important goal is to identify the evidence in the crime scene that helps identify what happened and the suspect. A successful operation requires accurate and detailed observation, documentation and evaluation. A professional homicide investigator is a "Truth Seeker." He is not opinionated, tainted with prejudice or prone to prejudgment (Geberth, 1995). The former commander also said that homicide investigation requires patience and flexibility. A practitioner must be open new ideas and concepts and be prepared for change when new information is developed. (Ibid) An extended responsibility outside the crime scene and the criminal must not be overlooked. The surviving family, media and community must also be considered. Understanding how to deal with these people also have an effect to the ongoing investigation Knowledge of the relationship of homicide with gender, age, race, social class, gun, drugs, alcohol, geographic region, urban status, aids in the profiling and evaluation of the case. Patterns and trends are regularly being updated in the Bureau of Justice Statistics for assessment. HOMICIDE CASES The Lita Sullivan Murder Case 35-year-old Lita McClinton Sullivan was shot to death as she opened the door of her suburban town house on January 16, 1987. The Atlanta Socialite was due at an important court hearing to end her 11-year ill-fated marriage to millionaire James Sullivan whom she had accused of infidelity and cruelty. She received a fatal gunshot wound to the head from a gunman posing as a flower delivery man. The case had insufficient leads. No gunman was identified nor apprehended, and no murder weapon was found. The only lead the police had was the gunman's description provided by a worker of the flower shop where the flowers had been bought. At the time of the murder, James Sullivan resided in Florida. Despite that, police immediately suspected him of arranging the murder of his wife. According to officials, the couple's divorce involved a large settlement of money on Lita's behalf. Sullivan had already lost considerable money and property when he divorced his first wife to marry Lita and prosecutors contend that Sullivan again feared losing money and a $3 million mansion in Palm Beach on the current divorce. With only circumstantial evidence and hearsay to go on, authorities could not get an indictment against Sullivan. Eventually, in 1998, the cops arrest a Florida truck driver who revealed that Sullivan hired him to kill his wife. Phillip Anthony "Tony" Harwood confessed to having been paid $25,000 to murder Lita. In addition, Sullivan's new wife, whom he married several months after his wife's murder, testified that James confessed to arranging his former wife's murder. In May, 1998 Sullivan was charged with felony murder and a warrant was issued for his arrest. But he was nowhere to be found. Harwood pleaded guilty to voluntary manslaughter in February 2002 in exchange for his testimony against Sullivan and received a 20 year prison sentence for his involvement in the crime. After a civil lawsuit, new criminal charges, issued arrest warrant and extradition, Sullivan stood trial. On March 11, 2006, nearly 20 years after the Lita's death, an Atlanta jury found millionaire James Sullivan guilty of malice murder and felony murder. The 64-year-old defendant received a life sentence without the possibility of parole. The Barton Corbin Case On December 4, 2004, Jennifer Corbin's body was found in her home by her 7-year-old son. The 33-year-old part-time preschool teacher died of a single gunshot to the head, and a revolver was found beside her in bed. The shooting was initially thought to be a suicide, but was later ruled a homicide. Barton Corbin was not at the home when police arrived and has been named as a suspect in the case. Corbin has refused to be interviewed by police but has submitted to a gunshot residue test. Two weeks later, results are still pending. His attorneys steadfastly maintain he is innocent. The investigation on Jennifer's death of Jennifer uncovered a 14-year-old case. Authorities come across the alleged suicide case of Dr. Corbin's former girlfriend from dental school, Dorothy "Dolly" Hearn. Dolly was found dead on a sofa in her apartment from a single .38 caliber gunshot to the head resting on her lap. Her newly acquired gun in her hand was said to given by her father for her protection. Hearn's mysterious shooting death was reopened. Surprisingly, the two cases are strikingly similar and involved Corbin. Both women were in the process of separating from Corbin when they were found murdered. On March 30, 2006, the Judge on Jennifer's case allowed prosecutors to present evidences on the 1990 death of Hearn to show "similar transaction". EVALUATION The murder cases are just two of the numerous homicides that happen every year. They are examples that investigation is tasking and may require years of development. The patience of the people involved-investigators, prosecutors, and surviving families alike-is important to achieve deserved justice. Like the two murders, a crime initiates a tactical response. It results to concerted effort between areas of responsibilities. In the case of Sullivan, he had faced extradition and was brought back to U.S. to stand in trial. In Corbin's case, evidences of previous crime were ruled to be introduced to support the current case. Former Commander Vernon J. Geberth of Bronx Homicide, NYPD said that death investigation is a heavy responsibility, and as such, no person, system, nor circumstance should deter you from the truth and your own personal commitment to see that justice is done. Not only for the deceased, but for the surviving family as well. The information in the text was sufficient to provide the necessary information concerning crime investigation. It was clear-cut in its definition of the terms and the examples it presented for the readers' comprehension. The textbook did not contain case studies found in other sources. And of course internet sources-especially on official websites of investigations-provide more updated figures regarding crime statistics and latest developments in strategies. Works Cited Bennett, Wayne W. and Karen M. Hess. Criminal Investigation 7TH Edition. Fox, James Alan, and Marianne W. Zawitz. "Homicide Trends in the United States." Bureau of Justice Statistics. 2006. 03 June 2006 Regini, Charles L. "The Cold Case Concept." Federal Bureau of Investigation. 03 June 2006 Federal Bureau of Investigation. 2003. "Preliminary Uniform Crime Report, 2002." Washington, DC: U.S. Department of Justice. "The Law of Homicide." Online Lecture Notes for Criminal Law. 2003. 03 June 2006 < http://faculty.ncwc.edu/mstevens/293/293lect07.htm> Allen, Harry E., and Clifford E. Simonsen. Corrections in America: An Introduction, 8th edition. Upper Saddle River, NJ: Prentice Hall, 1998. "Homicide Crime Statistics." Criminal Justice Statistics Center 03 June 2006 "Homicide Investigation Checklist." New Mexico Survivors of Homicide, Inc. 03 June 2006 Johnston, Joy. "Lita Sullivan Murder Case." About. 11 June 2006. Epidemiology of Homicide. Encyclopedia of Death and Dying. 03 June 2006 Montaldo, Charles. "The Barton Corbin Case." About. 11 June 2006. Read More