criminal investigation, 7 th edition by james n. gilbert prentice hall ©2007 pearson education,...

Criminal Investigation, 7th EditionBy James N. Gilbert

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

Homicide and Homicide and Aggravated AssaultAggravated Assault

Chapter 11



OverviewOverview

Homicide Homicide Aggravated AssaultAggravated Assault Homicide Investigation Procedures Homicide Investigation Procedures DNA DNA Review QuestionsReview Questions Opportunity for Student QuestionsOpportunity for Student Questions



Learning ObjectivesLearning Objectives

Define the various types of homicideDefine the various types of homicide Identify the current state of criminal homicide as to Identify the current state of criminal homicide as to

frequency, and victim-offender relationshipsfrequency, and victim-offender relationships Discuss the five basic offender causative patternsDiscuss the five basic offender causative patterns Identify the importance and methods of psychological Identify the importance and methods of psychological

profilingprofiling Define the legal meaning of aggravated assaultDefine the legal meaning of aggravated assault Compare aggravated assault regarding frequency and offender Compare aggravated assault regarding frequency and offender

characteristics to the crime of murder characteristics to the crime of murder Understand the standard investigative methods that apply to Understand the standard investigative methods that apply to

homicidehomicide Define the five major methods that aid the investigator in Define the five major methods that aid the investigator in

determining the time of deathdetermining the time of death Explain the four major causes of deathExplain the four major causes of death Describe the legal significance of the dying declarationDescribe the legal significance of the dying declaration Compare and contrast the medical examiner system and the Compare and contrast the medical examiner system and the

coroner systemcoroner system Identify the areas of forensic science that directly apply to Identify the areas of forensic science that directly apply to

the death investigation the death investigation



The Legal Definition The Legal Definition of Homicide of Homicide Homicide is defined as the killing of a Homicide is defined as the killing of a human by another humanhuman by another human

The common notion that homicide and The common notion that homicide and murder are synonymous is falsemurder are synonymous is false– The difference lies in the legality of the The difference lies in the legality of the deathdeath

– The question is the presence or absence of The question is the presence or absence of criminality criminality

Homicide can be justifiable or excusableHomicide can be justifiable or excusable– State executionsState executions– Arrests by the police in some circumstances Arrests by the police in some circumstances – Self-defense Self-defense – War War



Murder Murder ̶̶ Defined Defined

Defined as the unlawful killing of a Defined as the unlawful killing of a human being with malice aforethoughthuman being with malice aforethought

Typical criminal code languageTypical criminal code language– A person who kills an individual without A person who kills an individual without lawful justification commits murder if, lawful justification commits murder if, in performing the acts that cause the in performing the acts that cause the death:death:

He either intends to kill or do great bodily He either intends to kill or do great bodily harm harm

He knows that such acts create a strong He knows that such acts create a strong probability of death or great bodily harmprobability of death or great bodily harm

He is attempting or committing a forcible He is attempting or committing a forcible felony other than voluntary manslaughter felony other than voluntary manslaughter



Criminal HomicideCriminal Homicide

The act is murder if the wrongdoer The act is murder if the wrongdoer accomplishes the crime with premeditationaccomplishes the crime with premeditation

The act is frequently referred to as a The act is frequently referred to as a premeditated design to killpremeditated design to kill

The state must prove that the accused The state must prove that the accused consciously intended to kill the victim consciously intended to kill the victim

Wisconsin’s definition:Wisconsin’s definition:– 940.01940.01 (1)(a) (1)(a) First-degree intentional First-degree intentional homicide.homicide.

Whoever causes the death of another human being Whoever causes the death of another human being with intent to kill that person or another is with intent to kill that person or another is guilty of a Class A felonyguilty of a Class A felony



Criminal Homicide Criminal Homicide ((continuedcontinued))

Premeditation does not always imply the Premeditation does not always imply the existence of an elaborate planexistence of an elaborate plan– The time frame is not important (not defined in The time frame is not important (not defined in minutes, hours, or days)minutes, hours, or days)

– The fact that the design to kill was present The fact that the design to kill was present before the act is criticalbefore the act is critical

Murder can be accomplished without Murder can be accomplished without premeditation premeditation ̶̶ two examples: two examples:– A criminal homicide can constitute murder even A criminal homicide can constitute murder even when premeditation to kill is lacking altogetherwhen premeditation to kill is lacking altogether

When perpetrated by any act imminently dangerous When perpetrated by any act imminently dangerous to another to another

Evincing a depraved mind regardless of human lifeEvincing a depraved mind regardless of human life– If the killing occurs during the commission of a If the killing occurs during the commission of a felony (felony murder) felony (felony murder)



Murder Murder in Degreesin Degrees

Many states have assigned Many states have assigned varying degrees to the crime of varying degrees to the crime of murdermurder– First degreeFirst degree

Typically includes premeditated murderTypically includes premeditated murder

– Second degreeSecond degree An act creating a strong probability An act creating a strong probability of harm, which results in deathof harm, which results in death

– Third degreeThird degree Deaths that result during the Deaths that result during the perpetration (or attempt) of a felony perpetration (or attempt) of a felony



Current State of Current State of Criminal Homicide Criminal Homicide Accurate statistics are compiled by the Accurate statistics are compiled by the FBI’s FBI’s Uniform Crime ReportUniform Crime Report

The current U.S. annual rate of criminal The current U.S. annual rate of criminal homicide is 16,000homicide is 16,000– Indicates a significant decrease of this Indicates a significant decrease of this serous violent crime in the last seven yearsserous violent crime in the last seven years

– Homicide accounts for only about 1% of the Homicide accounts for only about 1% of the total violent crimetotal violent crime

– The decade rate of homicide is historically The decade rate of homicide is historically very highvery high

Surpassing even the murder rates experienced Surpassing even the murder rates experienced during the violent Prohibition era of the 1920s during the violent Prohibition era of the 1920s and 1930sand 1930s

Chicago’s homicide rates are nearly triple the Chicago’s homicide rates are nearly triple the frequency encountered during the city’s frequency encountered during the city’s murderous gangland period during prohibitionmurderous gangland period during prohibition



Why So Many Murders?Why So Many Murders?

The relationship of drugs to murder is The relationship of drugs to murder is unmistakable unmistakable

The rapid growth of drug gangs, particularly The rapid growth of drug gangs, particularly those dealing in cocaine those dealing in cocaine

– Washington, D.C. officials reported that 41% of Washington, D.C. officials reported that 41% of all homicides were drug-relatedall homicides were drug-related

– 56% of the killings in Savannah, Georgia were 56% of the killings in Savannah, Georgia were similarly connected to drugssimilarly connected to drugs

The greatest frequency of murder occurs:The greatest frequency of murder occurs:– During July and August During July and August – On holidaysOn holidays– On weekends On weekends – During evening and night hours During evening and night hours – In southern states In southern states – In large metropolitan areas In large metropolitan areas



Victims of Criminal Victims of Criminal Homicide Homicide 77% of victims are between 20 and 77% of victims are between 20 and 24 years of age24 years of age

The residence is the most common The residence is the most common murder location murder location

Males account for 78% of all Males account for 78% of all victimsvictims

9% are juvenile and male 9% are juvenile and male Racially, the victims are nearly Racially, the victims are nearly evenly split between blacks and evenly split between blacks and whiteswhites



Victims of Criminal Victims of Criminal Homicide Homicide ((continuedcontinued)) Homicide is the leading cause of Homicide is the leading cause of death among black males 25 to 34 death among black males 25 to 34 years of age years of age

44% of victims know their killer 44% of victims know their killer (compared with 80% in 1970)(compared with 80% in 1970)– 13% are related13% are related– 31% are acquainted 31% are acquainted – Of female victims, 33% are slain by Of female victims, 33% are slain by husbands or boyfriendshusbands or boyfriends

56% of all killings are classified 56% of all killings are classified as stranger homicides as stranger homicides



Victim Precipitated Victim Precipitated Homicide Homicide

Such murders involve a conscious or Such murders involve a conscious or unconscious action by the victim that unconscious action by the victim that is a causative factor in the violent is a causative factor in the violent actact– Victims dare their slayers to assaultVictims dare their slayers to assault– May provoke the assault by some other May provoke the assault by some other

action such as: action such as: Continually insulting individuals known to be armed Continually insulting individuals known to be armed

and violentand violent Unfaithful wife precipitating her own death by Unfaithful wife precipitating her own death by

continuing an affair after her husband has sworn to continuing an affair after her husband has sworn to kill her if the extramarital relationship is not kill her if the extramarital relationship is not terminatedterminated

– Research studies indicated a substantial number of Research studies indicated a substantial number of homicides are victim precipitated homicides are victim precipitated



Offender Characteristics Offender Characteristics

Murder suspects Murder suspects – The majority of arrested murder suspects The majority of arrested murder suspects

(70%) are 17-34 years old(70%) are 17-34 years old– 90% are male 90% are male – 51% are black 51% are black – 46% are white 46% are white

Most offenders are in an emotional Most offenders are in an emotional state of extreme anger when they kill state of extreme anger when they kill

Typical murderers do not plan their Typical murderers do not plan their crime crime



Five Murder Causative Five Murder Causative Categories: Categories: Why People Why People

MurderMurder Emotional disputesEmotional disputes Matters of sexMatters of sex

– Jealousy is the causative factor Jealousy is the causative factor – Unfaithfulness is the precipitator Unfaithfulness is the precipitator

Related crimesRelated crimes– Normally during the commission of a felony Normally during the commission of a felony

Robbery Robbery Narcotics Narcotics

Severe mental abnormalitiesSevere mental abnormalities– Mentally illMentally ill– Mass murderersMass murderers

TerroristsTerrorists Individuals who experience sudden breakdownsIndividuals who experience sudden breakdowns Mentally ill persons who kill to relieve tensions Mentally ill persons who kill to relieve tensions

Benefit factors Benefit factors – To rid themselves of the attachment To rid themselves of the attachment – Financial motives Financial motives



Psychological Psychological Profiling Profiling

Proven successful in the Proven successful in the investigation of serial murder investigation of serial murder

Profiling is a form of, or Profiling is a form of, or classification that works backward: classification that works backward: retroclassificationretroclassification

Profiling attempts to construct a Profiling attempts to construct a personality portrait of the offender personality portrait of the offender (using behavioral clues)(using behavioral clues)

Investigators can develop a very Investigators can develop a very accurate portrait of the offender accurate portrait of the offender – There are only 24 FBI and about 15 There are only 24 FBI and about 15

federally trained local and state federally trained local and state officers working as full-time profilers officers working as full-time profilers



Psychological Psychological Profiling– What the Profiling– What the Profiler Does Profiler Does Analyzes Analyzes

– Crime scene and crime photosCrime scene and crime photos– Laboratory test and autopsy reportsLaboratory test and autopsy reports– Police reports Police reports – Victim information including:Victim information including:

Occupation Occupation General reputationGeneral reputation Detailed physical descriptionDetailed physical description Marital status and number of childrenMarital status and number of children All known miscellaneous social and personal information All known miscellaneous social and personal information

Conducts thorough interviews of the victim and Conducts thorough interviews of the victim and witnesses witnesses

Reviews all physical evidenceReviews all physical evidence Listens to any existing conversations of the Listens to any existing conversations of the

suspectsuspect



Psychological Psychological Profiling– What Does Profiling– What Does it Reveal?it Reveal? Suspect’s raceSuspect’s race SexSex Age rangeAge range Marital statusMarital status General employmentGeneral employment Reaction to questioning by policeReaction to questioning by police Degree of sexual maturityDegree of sexual maturity Whether the individual might strike Whether the individual might strike

againagain Whether the suspect has committed a Whether the suspect has committed a

similar offense in the past similar offense in the past Possible police record Possible police record



Weapons Used in Weapons Used in HomicideHomicide Firearms are the predominate weapon Firearms are the predominate weapon

– 53% of murders were committed with handguns53% of murders were committed with handguns– 8% were committed with rifles or shotguns8% were committed with rifles or shotguns

30% of murders were committed with 30% of murders were committed with knives knives

The remainder of murders were The remainder of murders were committed with: committed with: – Blunt objects Blunt objects – PoisonsPoisons– FireFire– Direct violence applied by hands, fists, or Direct violence applied by hands, fists, or feet feet



Aggravated Assault Aggravated Assault

Defined as the unlawful attempt or Defined as the unlawful attempt or completed attack upon another completed attack upon another – With the purpose of inflicting severe With the purpose of inflicting severe bodily injurybodily injury

– Usually accompanied by the use of a weapon Usually accompanied by the use of a weapon or some other means or some other means

– Likely to produce death or serious bodily Likely to produce death or serious bodily harm harm

These attacks often fall short of death These attacks often fall short of death through medical intervention or the through medical intervention or the lack of a deadly weaponlack of a deadly weapon



Current State of Current State of Aggravated AssaultAggravated Assault There are more than 860,000 aggravated assaults There are more than 860,000 aggravated assaults

in the U.S. annuallyin the U.S. annually This represents about 64% of all of the crimes of This represents about 64% of all of the crimes of

violence violence This crime is declining in occurrence This crime is declining in occurrence

– 23% lower than in 199423% lower than in 1994 Police solve approximately 56% of reported cases Police solve approximately 56% of reported cases

by arrestby arrest Victims tend to mirror murder victims Victims tend to mirror murder victims

– YoungYoung– AdultAdult– MaleMale– Often will know assailant Often will know assailant – Frequently assaulted by a family member Frequently assaulted by a family member – Consumption of alcohol is a prevalent factor Consumption of alcohol is a prevalent factor



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



Investigating Investigating Homicide– Focus on Homicide– Focus on the Deceased the Deceased The deceased can reveal essential The deceased can reveal essential information needed to identify the information needed to identify the suspect and prove that a crime has suspect and prove that a crime has occurred occurred – Establish deathEstablish death– Identify the deceased Identify the deceased – Determine the time of death using the Determine the time of death using the following factors following factors

Postmortem lividityPostmortem lividity Rigor mortisRigor mortis PutrefactionPutrefaction Cooling rateCooling rate General body indicators General body indicators



Investigating Investigating Homicide– Focus on the Homicide– Focus on the DeceasedDeceased Determine the cause of death Determine the cause of death There are four general There are four general categories of death causescategories of death causes– Natural Natural – Accidental Accidental – SuicideSuicide– HomicideHomicide



Chart Showing Changes in Chart Showing Changes in the Deceased Over Timethe Deceased Over Time



Investigating the Investigating the Cause of Death–Cause of Death–Homicide Homicide Homicide is usually determined from: Homicide is usually determined from:

– Gunshot wounds Gunshot wounds – Edged weapon wounds (stabbing and defense Edged weapon wounds (stabbing and defense wounds as opposed to hesitation marks)wounds as opposed to hesitation marks)

– AsphyxiaAsphyxia Manual strangulationManual strangulation Ligature strangulationLigature strangulation Submersion in waterSubmersion in water Smothering Smothering

– Blunt instruments Blunt instruments AbrasionsAbrasions ContusionsContusions LacerationsLacerations



Investigating Investigating Homicide– Focus on Homicide– Focus on the Crime Scene the Crime Scene Handle emergencies firstHandle emergencies first

– If the suspect or others that may If the suspect or others that may pose danger are still at the pose danger are still at the scene, conduct a protective sweep scene, conduct a protective sweep and arrest any suspectsand arrest any suspects

– Provide medical attention to the Provide medical attention to the victim if appropriatevictim if appropriate

– Obtain a dying declaration if the Obtain a dying declaration if the victim is ablevictim is able



Investigating Investigating Homicide– Focus on Homicide– Focus on the Crime Scenethe Crime Scene Protect the scene Protect the scene

– Use crime scene tape and personnel Use crime scene tape and personnel and any other means necessary and any other means necessary

– No one enters without being entered No one enters without being entered in the login the log

– Obtain search warrant if necessary Obtain search warrant if necessary – Keep sightseers from entering Keep sightseers from entering

Destroys evidenceDestroys evidence Changes the crime scene Changes the crime scene

Identify witnesses Identify witnesses – Keep them from leaving the sceneKeep them from leaving the scene– Separate them from each otherSeparate them from each other



Investigating Investigating Homicide– Focus on Homicide– Focus on the Crime Scenethe Crime Scene Maintain the integrity of Maintain the integrity of crime scene crime scene

Search the scene from the Search the scene from the outside-in to avoid destroying outside-in to avoid destroying – Trace evidenceTrace evidence– Foot or tire impressionsFoot or tire impressions– Blood splatter Blood splatter

Conduct a crime scene search Conduct a crime scene search for any and all evidencefor any and all evidence



Investigating Investigating Homicide– Focus on Homicide– Focus on the Crime Scenethe Crime Scene Record the crime sceneRecord the crime scene

– Video Video – PhotographPhotograph– Crime scene sketch Crime scene sketch

Recover the victim (with assistance from Recover the victim (with assistance from the Medical Examiner’s Office or the Medical Examiner’s Office or Coroner) Coroner) – Note victim location, body position, Note victim location, body position, clothing, visible wounds, signs of death, clothing, visible wounds, signs of death, temperature, etc:temperature, etc:

– Bag hands Bag hands – Do not remove clothing (done during autopsy) Do not remove clothing (done during autopsy)



Investigating Investigating Homicide– Focus on Homicide– Focus on the Crime Scenethe Crime Scene

Collect all evidence maintaining the Collect all evidence maintaining the chain of custody chain of custody

Conduct a neighborhood canvassConduct a neighborhood canvass– The purpose is to locate witnessesThe purpose is to locate witnesses– Any information no matter how small may Any information no matter how small may be significant in solving the casebe significant in solving the case

Conduct a thorough background Conduct a thorough background investigation of the victim investigation of the victim – To determine possible motive and benefit To determine possible motive and benefit – To identify a list of suspects To identify a list of suspects – Go back several days and reconstruct Go back several days and reconstruct every actionevery action



DNA Evidence–An DNA Evidence–An Important Link to Important Link to SuspectsSuspects



Investigating Homicide– Investigating Homicide– Focus on Medical Focus on Medical Expertise Expertise

The autopsy The autopsy – A postmortem examination of the victim A postmortem examination of the victim – Autopsies are mandated by law in certain Autopsies are mandated by law in certain types of deathstypes of deaths

– Includes: Includes: An exterior visual examination An exterior visual examination An interior surgical examination An interior surgical examination

– All vital organs are observed and describedAll vital organs are observed and described– Internal injuries are noted Internal injuries are noted – Samples of tissue organs and bone may be Samples of tissue organs and bone may be obtained for laboratory testing obtained for laboratory testing

– An investigating officer should be An investigating officer should be present to note the findings present to note the findings



Investigating Homicide– Investigating Homicide– Focus on Medical Focus on Medical ExpertiseExpertise Exhumation Exhumation

– Requires a court orderRequires a court order– The majority are performed to The majority are performed to establish the presence of toxic establish the presence of toxic materials materials

Forensic AnthropologyForensic Anthropology– Very valuable to certain types of Very valuable to certain types of homicide investigations homicide investigations

– Can assist in the identification Can assist in the identification of human remainsof human remains



Review QuestionsReview Questions

1.1. Define the various types of homicide.Define the various types of homicide.2.2. Identify the current state of criminal homicide Identify the current state of criminal homicide

as to frequency, and victim-offender as to frequency, and victim-offender relationships.relationships.

3.3. What is psychological profiling?What is psychological profiling?4.4. Define the legal meaning of aggravated assault.Define the legal meaning of aggravated assault.5.5. Compare aggravated assault regarding frequency Compare aggravated assault regarding frequency

and offender characteristics to the crime of and offender characteristics to the crime of murder. murder.

6.6. List several investigative methods that apply to List several investigative methods that apply to homicide.homicide.

7.7. Define the five major methods that aid the Define the five major methods that aid the investigator in determining the time of death.investigator in determining the time of death.

8.8. Identify the areas of focus that directly apply Identify the areas of focus that directly apply to the death investigation. to the death investigation.



Student QuestionsStudent Questions

criminal investigation, 7 th edition by james n. gilbert prentice hall ©2007 pearson education,...

Documents

human homicide

excusable homicide

criminal investigation

various types of homicide

death investigation

aggravated assault chapter

pearson education

gilbert prentice hall