Homicide Investigation

Homicide investigation

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Homicide Investigation

            In investigation, evidence refers to extensive sources of information that could ultimately tell the court to disprove or prove points at problems facing fact trier. Evidence sources could consist of anything ranging from witnesses observation to assessment and physical objects observation. Also, it could comprise of spatial relations amid individuals, objects, and places in the events timeline. Using different kinds of prove, the court is able to obtain inferences and get to conclusion to tell if an accusation is confirmed past a realistic doubt. Therefore, during homicide crime scene search, the following evidence should be collected

Physical Evidence

            The aim of investigation in a crime scene is to aid establish the cause (reconstruction of the crime scene) as well as spot the person responsible. This is cautiously performed through documenting the crime scene surroundings and identifying all appropriate physical evidence. There is no exaggeration in saying that in most cases, the officer enforcing the law, who searches and guards the scene of crime has a significant role to play in deciding if the physical prove could be utilized in prosecuting or solving violent offences (National Forensic Science Technology Center, 2013). Physical evidence according to Pressbooks (2019) consists of anything for example body fluids, fiber, hair, impression of a tool, tire signs, shoe prints, fingerprints or weapons. A professional might test and assess these forms of tangible evidence exhibits and offer the courts his professional opinion that relate the tool of prove to an individual, the event of crime or place.

Eyewitness Evidence

            An eye witness who is independent, compellable and competent and has excellent mental and physical capabilities who saw the crime happening and is able to describe the details will obviously convince the court as well as offer prove that possesses great probative worth. In evaluating the probative worth of evidence from the witness, the consideration of the courts will be on numerous aspects (Pressbooks, 2019). This consists of:

·         The competency of the witness to give evidence

·         The kind of witness as either corroborative or eye witness

·         The credibility of the witness grounded on the evaluation of material limitations

·         The degree of the independence of the witness from the occurrence and

·         The compellability of the witness to give evidence

Direct Evidence

            This evidence Pressbooks (2019) proves a point with no translation of status. Direct evidence can be given by an observer who saw the victim shooting the accused. Likewise, cameras of security revealing a crime being committed by the accused or the accused confession statement accepting their offence could additionally be regarded as direct proof. On the contrary, there should not be confusion between direct evidence and direct assessment concept, which refers to the first questioning and the witness assessment at examination via the individual who asked the witness to show up.

Collection of Homicide Body Materials

            According to National Forensics Science, Technology Center (2013), body tissues and fluids include urine, physiological fluids, semen and blood. When people are handling and kind of body evidence, procedures must be provided to eliminate or decrease the danger of contact to pathogens in the blood that are likely to transmit infections. Common viruses or diseases that are caused via bloodborne pathogens exposure consist of human immunodeficiency virus (HIV) or hepatitis. These increases the major concern due to the probability of lifelong disease as well as the danger of loss relate to the disease the moment a person has contact with (Ballou, Bamberger, Brown, Brown, Burney, Davenport et al, 2013). Numerous kinds of trace proof could be discovered at the scene of crème. The correct packaging according to Texas Association of Police Explorers (n.d) of every kind of proof is significant for performing the required analysis. Kits of fluid collection, envelopes, vials, bindle paper, combs as well as brushes are few of the special items required to recover, wrap and keep these kind of evidence. Additionally, it is advised that appropriate personal protective equipment (PPE) should be used to guard the person as well as the proof from examination. PPE consists of masks, coats, eye protector, lab coats, throwaway overalls, and throwaway gloves.   

Objects That Should Not Be Overlooked as Evidence in Crime Scene

            Gerberth (2003) asserts that, all proofs in the crime scene physical atmosphere are crucial for the process of investigation. Exhibits for example fingerprints, fiber, hair, blood, and additional objects that need the analysis of forensics, might reveal spatial relations through the transfer of evidence. Additional kinds of body proofs might create timelines as well as indirect signs of means, opportunity or motive. Therefore, they should never be overlooked. Two main challenges at crime scene physical proof are continuity loss and contamination. Also the crime scene is very important because it is the initial great exhibit and should never be overlooked after the initial investigation. Actually, it should be locked until investigations are complete.   

Gathering and Preservation of Impressions

            Gathering and preserving evidences of impression is significant in crime investigation.  Impression such as fiber could be gathered using tweezers or fingers while being careful not to stretch, pinch or crush it. The fiber can then be put in an envelope, folded paper or folded Post-It document. Also, in order to collect hair, one can comb it to remove some particles in order for them to drop on a paper. Then the paper is folded to enfold the hair debris and closed using a tape. Any tools recovered must be packaged carefully to hinder the cutting blades from getting into contact with additional objects that might alter the tools (Pressbooks, 2019). Some of these tools include knives, pliers, axes, hammers, pry bars, bolt cutters, tin snips, hatchets and screwdrivers.  

            If it is possible to mark any objects through all means, then they should be marked; and in case the dimension allows, it should be marked in a manner that makes it look unique for the specific case. For example, serial number, initials and other numbers could be scripted on a cigarette rolled on a hand with a biro pen or fiber. One needs to keep in mind that in case one has to appear in court in a year’s time or afterward, the exhibit cannot be related to the specific offense that will face trial; it will lack admission into proof. Labels of adhesive and tags of evidence might additionally be utilized to indicate proof when essential to apply (Ballou et al, 2013). Items that have a size that precludes them from being marked must be put in an envelope or tiny vial, sealed, then the envelope or the vial marked appropriately.

Major Supreme Court decisions

            According to Geberth (2003), United States Supreme Court, made the following three major decisions that influenced evidence retrieval during the procedure at the crime scene.

            The Supreme Court cited in Mincey v. Arizona 437 US 385 (1987) that there was a violation of fourth amendment privileges by the police. During a raid on drugs, Mincey a drug dealer killed a narcotics police officer. One of Mincey’s friends was killed while he was hurt during the gun fight. Following the process, the drugs officer protected the property and informed homicide. Detectives from homicide performed a search and found sufficient evidence after three consecutive days. Mincey was charged with murder. However, the Supreme Court overturned the conviction, maintaining that, the Fourth Amendment privileges of Mincey were dishonored plus that the officer must have gotten a warrant of search. Basically, the Supreme Court told law enforcement that there was no exception of homicide scene of crime to Fourth Amendment.

            Again in 1999, the Supreme Court was present to handle the similar case raised during the cases of Mincey and Thompson. However, the case was Flipp v West Virginia 98 US 8770 (1999).  Pastor Flippo was reported to have a homosexual relationship with his church member. Flippo’s wife realized and she wanted to divorce him. However, Fillipo persuaded her to reconcile with him and asked her to accompany him on a trip. They travelled to West Virginia and stayed in a cabin rented by the pastor. While in West Virginia, Flippo reported that their home had been invaded and the wife was beaten to death and he was injured slightly. Flippo’s injuries did not impress the police. Investigators processing the scene of came across a briefcase that belonged to Flippo and inside they found numerous pornographic photographs of Flippo plus his lover. The evidence provided by the materials, were brought to trial.  Flippo was charged of his wife’s murder. Again, the Supreme Court overturned the conviction giving similar issues as Mincey and Thompson.  

            In Thompson v Lousiana 469 US17 (1984), a husband was killed by his depressed wife. Then she tried to commit suicide by taking pills. She then changed her plans and chose to stay alive.  Her daughter called the Department of Sherrif in response to her mother’s call and she was taken to hospital where she received treatment. Investigators came to the scene of crime and collected proof of murder. The lady was then accused as well as convicted for her husband’s murder. The United States Supreme Court ruled not in favor of The State of Louisiana referring to the Decision of Mincey and privacy expectation offered in Fourth Amendment. The conviction of the woman was reversed. Once more the ruling of the courts was that Homicide Exception was null and police needed to get the warrant of search.

References

Ballou, S., Bamberger, P. S., Brown, L., Brown, R., Davenport, D., Depalma, L., Jones, C.,          Keaton, R., (2013). The biological evidence preservation handbook: Best practices for   evidence handlers. USA: US Department of Commerce.

National Forensics, Science Technology Center (2013). Crime scene investigation. A guide for                   law enforcement. USA: National Forensics, Science Technology Center.

Pressbooks. (2019). What you need to know about evidence. Retrieved from:             https://pressbooks.bccampus.ca/criminalinvestigation/chapter/chapter-3-what-you-need-     to-know-about-evidence/

Texas Association of Police Explores (n.d). Crime scene search and processing. Retrieved from:             http://www.co.wise.tx.us/constable/downloads/crime%20scene%20search%20and%20pr  ocessing.pdf

Vernon J. Geberth, V. J. (2003). Practical crime scene investigation. Legal consideration. In          practical homicide investigation: Tactics, procedures, and forensic techniques (3^rd ed)   1996 CRC Press, LLC and Sex-Related Homicide and Death Investigations: Practical and    Clinical Perspectives (In Press).