Homicide and Aggravated Assault

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Homicide and Aggravated Assault

• Chapter 11

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Overview

• Homicide
• Aggravated Assault
• Homicide Investigation Procedures
• DNA
• Review Questions
• Opportunity for Student Questions

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Learning Objectives

• Define the various types of homicide
• Identify the current state of criminal homicide
  as to frequency, and victim-offender
  relationships
• Discuss the five basic offender causative
  patterns
• Identify the importance and methods of
  psychological profiling
• Define the legal meaning of aggravated assault
• Compare aggravated assault regarding frequency
  and offender characteristics to the crime of
  murder
• Understand the standard investigative methods
  that apply to homicide
• Define the five major methods that aid the
  investigator in determining the time of death
• Explain the four major causes of death
• Describe the legal significance of the dying
  declaration
• Compare and contrast the medical examiner system
  and the coroner system
• Identify the areas of forensic science that
  directly apply to the death investigation

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The Legal Definition of Homicide

• Homicide is defined as the killing of a human by
  another human
• The common notion that homicide and murder are
  synonymous is false
• The difference lies in the legality of the death
• The question is the presence or absence of
  criminality
• Homicide can be justifiable or excusable
• State executions
• Arrests by the police in some circumstances
• Self-defense
• War

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Murder ? Defined

• Defined as the unlawful killing of a human being
  with malice aforethought
• Typical criminal code language
• A person who kills an individual without lawful
  justification commits murder if, in performing
  the acts that cause the death
• He either intends to kill or do great bodily harm
  
• He knows that such acts create a strong
  probability of death or great bodily harm
• He is attempting or committing a forcible felony
  other than voluntary manslaughter

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Criminal Homicide

• The act is murder if the wrongdoer accomplishes
  the crime with premeditation
• The act is frequently referred to as a
  premeditated design to kill
• The state must prove that the accused consciously
  intended to kill the victim
• Wisconsins definition
• 940.01 (1)(a) First-degree intentional homicide. 
• Whoever causes the death of another human being
  with intent to kill that person or another is
  guilty of a Class A felony

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Criminal Homicide (continued)

• Premeditation does not always imply the existence
  of an elaborate plan
• The time frame is not important (not defined in
  minutes, hours, or days)
• The fact that the design to kill was present
  before the act is critical
• Murder can be accomplished without premeditation
  ? two examples
• A criminal homicide can constitute murder even
  when premeditation to kill is lacking altogether
• When perpetrated by any act imminently dangerous
  to another
• Evincing a depraved mind regardless of human life
• If the killing occurs during the commission of a
  felony (felony murder)

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Murder in Degrees

• Many states have assigned varying degrees to the
  crime of murder
• First degree
• Typically includes premeditated murder
• Second degree
• An act creating a strong probability of harm,
  which results in death
• Third degree
• Deaths that result during the perpetration (or
  attempt) of a felony

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Current State of Criminal Homicide

• Accurate statistics are compiled by the FBIs
  Uniform Crime Report
• The current U.S. annual rate of criminal homicide
  is 16,000
• Indicates a significant decrease of this serous
  violent crime in the last seven years
• Homicide accounts for only about 1 of the total
  violent crime
• The decade rate of homicide is historically very
  high
• Surpassing even the murder rates experienced
  during the violent Prohibition era of the 1920s
  and 1930s
• Chicagos homicide rates are nearly triple the
  frequency encountered during the citys murderous
  gangland period during prohibition

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Why So Many Murders?

• The relationship of drugs to murder is
  unmistakable
• The rapid growth of drug gangs, particularly
  those dealing in cocaine
• Washington, D.C. officials reported that 41 of
  all homicides were drug-related
• 56 of the killings in Savannah, Georgia were
  similarly connected to drugs
• The greatest frequency of murder occurs
• During July and August
• On holidays
• On weekends
• During evening and night hours
• In southern states
• In large metropolitan areas

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Victims of Criminal Homicide

• 77 of victims are between 20 and 24 years of age
• The residence is the most common murder location
• Males account for 78 of all victims
• 9 are juvenile and male
• Racially, the victims are nearly evenly split
  between blacks and whites

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Victims of Criminal Homicide (continued)

• Homicide is the leading cause of death among
  black males 25 to 34 years of age
• 44 of victims know their killer (compared with
  80 in 1970)
• 13 are related
• 31 are acquainted
• Of female victims, 33 are slain by husbands or
  boyfriends
• 56 of all killings are classified as stranger
  homicides

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Victim Precipitated Homicide

• Such murders involve a conscious or unconscious
  action by the victim that is a causative factor
  in the violent act
• Victims dare their slayers to assault
• May provoke the assault by some other action such
  as
• Continually insulting individuals known to be
  armed and violent
• Unfaithful wife precipitating her own death by
  continuing an affair after her husband has sworn
  to kill her if the extramarital relationship is
  not terminated
• Research studies indicated a substantial number
  of homicides are victim precipitated

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Offender Characteristics

• Murder suspects
• The majority of arrested murder suspects (70)
  are 17-34 years old
• 90 are male
• 51 are black
• 46 are white
• Most offenders are in an emotional state of
  extreme anger when they kill
• Typical murderers do not plan their crime

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Five Murder Causative Categories Why People
Murder

• Emotional disputes
• Matters of sex
• Jealousy is the causative factor
• Unfaithfulness is the precipitator
• Related crimes
• Normally during the commission of a felony
• Robbery
• Narcotics
• Severe mental abnormalities
• Mentally ill
• Mass murderers
• Terrorists
• Individuals who experience sudden breakdowns
• Mentally ill persons who kill to relieve tensions
  
• Benefit factors
• To rid themselves of the attachment
• Financial motives

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Psychological Profiling

• Proven successful in the investigation of serial
  murder
• Profiling is a form of, or classification that
  works backward retroclassification
• Profiling attempts to construct a personality
  portrait of the offender (using behavioral clues)
• Investigators can develop a very accurate
  portrait of the offender
• There are only 24 FBI and about 15 federally
  trained local and state officers working as
  full-time profilers

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Psychological Profiling What the Profiler Does

• Analyzes
• Crime scene and crime photos
• Laboratory test and autopsy reports
• Police reports
• Victim information including
• Occupation
• General reputation
• Detailed physical description
• Marital status and number of children
• All known miscellaneous social and personal
  information
• Conducts thorough interviews of the victim and
  witnesses
• Reviews all physical evidence
• Listens to any existing conversations of the
  suspect

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Psychological Profiling What Does it Reveal?

• Suspects race
• Sex
• Age range
• Marital status
• General employment
• Reaction to questioning by police
• Degree of sexual maturity
• Whether the individual might strike again
• Whether the suspect has committed a similar
  offense in the past
• Possible police record

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Weapons Used in Homicide

• Firearms are the predominate weapon
• 53 of murders were committed with handguns
• 8 were committed with rifles or shotguns
• 30 of murders were committed with knives
• The remainder of murders were committed with
• Blunt objects
• Poisons
• Fire
• Direct violence applied by hands, fists, or feet

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Aggravated Assault

• Defined as the unlawful attempt or completed
  attack upon another
• With the purpose of inflicting severe bodily
  injury
• Usually accompanied by the use of a weapon or
  some other means
• Likely to produce death or serious bodily harm
• These attacks often fall short of death through
  medical intervention or the lack of a deadly
  weapon

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Current State of Aggravated Assault

• There are more than 860,000 aggravated assaults
  in the U.S. annually
• This represents about 64 of all of the crimes of
  violence
• This crime is declining in occurrence
• 23 lower than in 1994
• Police solve approximately 56 of reported cases
  by arrest
• Victims tend to mirror murder victims
• Young
• Adult
• Male
• Often will know assailant
• Frequently assaulted by a family member
• Consumption of alcohol is a prevalent factor

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Homicide Investigation Procedures

• This investigation focuses on three main areas
• The deceased
• The crime scene
• Medical expertise

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Investigating Homicide Focus on the Deceased

• The deceased can reveal essential information
  needed to identify the suspect and prove that a
  crime has occurred
• Establish death
• Identify the deceased
• Determine the time of death using the following
  factors
• Postmortem lividity
• Rigor mortis
• Putrefaction
• Cooling rate
• General body indicators

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Investigating Homicide Focus on the Deceased

• Determine the cause of death
• There are four general categories of death causes
• Natural
• Accidental
• Suicide
• Homicide

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Chart Showing Changes in the Deceased Over Time
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Investigating the Cause of DeathHomicide

• Homicide is usually determined from
• Gunshot wounds
• Edged weapon wounds (stabbing and defense wounds
  as opposed to hesitation marks)
• Asphyxia
• Manual strangulation
• Ligature strangulation
• Submersion in water
• Smothering
• Blunt instruments
• Abrasions
• Contusions
• Lacerations

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Investigating Homicide Focus on the Crime Scene

• Handle emergencies first
• If the suspect or others that may pose danger are
  still at the scene, conduct a protective sweep
  and arrest any suspects
• Provide medical attention to the victim if
  appropriate
• Obtain a dying declaration if the victim is able

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Investigating Homicide Focus on the Crime Scene

• Protect the scene
• Use crime scene tape and personnel and any other
  means necessary
• No one enters without being entered in the log
• Obtain search warrant if necessary
• Keep sightseers from entering
• Destroys evidence
• Changes the crime scene
• Identify witnesses
• Keep them from leaving the scene
• Separate them from each other

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Investigating Homicide Focus on the Crime Scene

• Maintain the integrity of crime scene
• Search the scene from the outside-in to avoid
  destroying
• Trace evidence
• Foot or tire impressions
• Blood splatter
• Conduct a crime scene search for any and all
  evidence

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Investigating Homicide Focus on the Crime Scene

• Record the crime scene
• Video
• Photograph
• Crime scene sketch
• Recover the victim (with assistance from the
  Medical Examiners Office or Coroner)
• Note victim location, body position, clothing,
  visible wounds, signs of death, temperature, etc
• Bag hands
• Do not remove clothing (done during autopsy)

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Investigating Homicide Focus on the Crime Scene

• Collect all evidence maintaining the chain of
  custody
• Conduct a neighborhood canvass
• The purpose is to locate witnesses
• Any information no matter how small may be
  significant in solving the case
• Conduct a thorough background investigation of
  the victim
• To determine possible motive and benefit
• To identify a list of suspects
• Go back several days and reconstruct every action

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DNA EvidenceAn Important Link to Suspects
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Investigating Homicide Focus on Medical
Expertise

• The autopsy
• A postmortem examination of the victim
• Autopsies are mandated by law in certain types of
  deaths
• Includes
• An exterior visual examination
• An interior surgical examination
• All vital organs are observed and described
• Internal injuries are noted
• Samples of tissue organs and bone may be obtained
  for laboratory testing
• An investigating officer should be present to
  note the findings

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Investigating Homicide Focus on Medical Expertise

• Exhumation
• Requires a court order
• The majority are performed to establish the
  presence of toxic materials
• Forensic Anthropology
• Very valuable to certain types of homicide
  investigations
• Can assist in the identification of human remains

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Review Questions

1. Define the various types of homicide.
2. Identify the current state of criminal homicide
   as to frequency, and victim-offender
   relationships.
3. What is psychological profiling?
4. Define the legal meaning of aggravated assault.
5. Compare aggravated assault regarding frequency
   and offender characteristics to the crime of
   murder.
6. List several investigative methods that apply to
   homicide.
7. Define the five major methods that aid the
   investigator in determining the time of death.
8. Identify the areas of focus that directly apply
   to the death investigation.

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Student Questions