The INFOJUSTICE Journal Murder Discovery Standing the Test of Judicial Review


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      Why are today’s homicides becoming common place?  Why are shootings and violence occurring in our courtrooms?  Why in 1920, would our nation need ratified Amendment empowering women to vote?  What is the definition of women?  An adult female human?  When speaking about character is not femininity the definition?  When applied to man does not one who is effeminate, timid or weak apply?  Why is it so difficult to understand the vulnerability of our frames, minds, the advantages that have been taken against each other in the name of business since mankind’s experiential existence; that mankind has had a horrific tract record relevant to Murder?  Does our leaders “moral” character set not the examples that mirror our society?  Is size or the interpretation in the perpetrator mind a motivating factor?  Of course if these are not rational and responsible people, than of course every neurosis or psychosis are possible absent extenuating factors.

     When law enforcement must serve a warrant or solve a civil disharmony, the officer’s “oath” or affirmation guarantees civilian cooperation.  Prayer has been eliminated from our generation’s formative educational years as well as a simple pledge of allegiance to our flag (one does not have to stand up or partake).  How could any rational or responsible society claim that absent anchored formative year guidance, and nation leadership demonstrating full compliance with only 10 simple laws such as the 10 commandments, our children, their children, and so forth, would not go backwards in ethical progress?  We have gone backwards.  Look around you and become aware!

     Our society is coming a part at its seams because of a lack of simple truth, ethics, and the common interest for our nation to have a better way.  If we, in society feel such disillusionment with each other, does this than not transfer to our law enforcement?  Are they not a product of our society?  In the minds of some folks around the nation, at least, one can understand the problems, as our ancestors did, and find others within the same reality of intelligence, to again regain control of our nations crime wave and destruction of our very moral fiber.

     Today’s homicide is different than anything we have ever encountered.  Defense attorney’s sit home and watch television to see law enforcement’s evidence develop their strategies, foundations for evidence and basic case outline.  National “Moral Fiber”, a way of life established by our constitution, the bill or rights, and the remaining amendments were built on a belief that there was decency, an affirmation or oath that one would or could take as a way of life.

     There is a new era of survival of our nation absent religion or philosophy, or moral leadership as defined in ten little commandments which cause society to have a morbid perception of existence.  Citizens lose themselves in a tough world where murder is increasing and the press turns murders into celebrities done consciously or unconsciously.  Even the judicial system, in an effort to seep rising costs enhances the images of murders by the sale of their properties from the evidence lockup.  Once the Murder is dead or receives a life sentence absent option of parole evidence is sold to the public.  Jeffry Daimler’s personal items were sized for sale to the public.  Ted Bundy received 25,000 love letters not to out shine the $120,00 sale of John Wayne Gassy’s Art.

     Even law enforcement has lost its way when wholesale murder with tanks against women and children is seen as an option not allowing the old adage women and children first.  What if a child or women is rescued from a deviate in time could not the child look back and say how wrong the deviate was.

     Originally, Homicide was not considered a volume crime.  However between the era of serial killers and spousal abuse and related children deaths Murder and violence even in the courtroom is on the rise in the United States and its districts.  From this increase patterns have been delineated; All crimes against persons are greater in the warm months.  There has a seasonal aspect.

     With regard to Homicides, December has the most murders per single month out of the year, except for 1963 and 1968.  Firearms killed 56% of murder victims in both 1968 and 1969.  Obviously, murder can be performed in many ways.  In lesson four of the Forensics of Auto Collision Investigation you learned about murder appearing as accidents by utility of motorized vehicles.  This is a manner usually reserved for Governments or Mafia operations.  In the lessons on Arson Discovery and Prosecution, which stand the test of Judicial, review you learned about Arson as a means to cover up the murder.   Arson is generally a Mafia, business or rookie manner of murder.  Murder is as old as mankind and yet we have not evolved above the animal level one might speculate.  Most murders are and have historically been committed by relatives of the victim or persons acquainted with the victim.  Serial killers try to kill to prove Law Enforcement cannot protect you and yours (in their minds all of “us”).

     A broad definition of a Homicide is the killing of a human being.  Were justification or absolution exists, no criminal responsibility is imposed.  Where no extenuation or justification exists, the homicide may be one of either murder in the 1st or 2nd degree, or manslaughter, voluntary or involuntary, depending upon the circumstances of the kill.

     The responding officers’ immediate and most pressing responsibility is to proceed at once to protect the crime scene so as to preserve all the evidence.  The function of the investigator is simply to represent the deceased in establishing the facts surrounding the death.  The greatest responsibility of an investigator is to get the facts & produce a written audit. 

     Various types of assault can become homicides if the victim dies within three years and one day.  Reported suicides may be murders and checked extensively.  (Please see the Lessons of the determination of Suicides which stand the test of Judicial Review).   Accidental deaths may be murders or suicides.  Generally suicides will negate life insurance policies which will not pay off beneficiaries.

    A good Investigator’s success depends on common sense, good judgment based on experience, professional curiosity based on desire, and not easily satisfied, sound knowledge of the evidence and encountered knowledge accumulated years past formal investigative medical training.  A very high I.Q. such as a Sherlock Holms type would be further luxury.  All medico-legal forensic investigators follow a Rigid Protocol, which protects our Citizens and the Government.

     The “Golden Rule” of Homicide Investigations: Nothing is to be moved, changed or altered until the entire scene and individual components of the scene are Photographed, Measure, Identified, and Fingerprinted.  The “Repeating Rule” of a Homicide Investigation is “First, protect the Crime Scene.”  Immediately get all the assistance needed from specialists from Criminology, I D Bureau for photographs and fingerprints, Bureau or Agency specialists and Bureau or Agency labs.

     If you are the first on the scene note the date and time and persons present.  Notify the head office so officers will be on the scene as rapidly as possible.  First Officer’s be observant as you approach.  A cautious manner served expediently.  Observe the lighting conditions in the area.  Record everything.  Again, always protect the crime scene.  If a victim is alive or there is any doubt about death get the Ambulance rolling at once.  Try to speak with the victim while waiting for the ambulance as to whom was responsible for a possible dying declaration.  If deceased outline the body location with chalk, and take notes on the exact positions (Operations).

     If the suspect is apprehended, get him away from the scene and into custody past tense so he can’t overhear conversations or media coverage, which may aid him in making an alibi.  Notify superior officers always (request help from Central Detail; lose cannon law is a violation of the Constitution)

     When observing the crime scene within a home always have at least one officer outside, and other officers recording names and addresses of possible or actual witnesses.  Of course always protect the outside of the crime scene with ropes or sentries; spectators will stray extremely close.  Thus keep spectators away and detain any witnesses for the Detective Detail.  Remember, a uniformed man, must get his details in notes because he will need them on the witness stands later.



     Evidence is divided into three main categories.  In the last edition of the Series, you were familiarized with recording verbal evidence.  Again, with a specific type of case, such as a Homicide, always look for Direct Evidence such as a possible witness, Physical Evidence, which is found at the scene, and Circumstantial evidence.  Always take your time in evidence gathering.  Make a sketch photo.  Make sure to eliminate unusual angles when you sketch.  This can prove crucial as photos can be deceiving by the vary nature of the angle or obstructions of view.

     After photographing and measuring, keep all the items separated from one another.  This protects evidence from litigious contamination theories.  Document when who and cheek on evidence relative to basic security protocol picked up, the initial evidence.

     Follow any bloody tracts, prints, marks, smears, stains, smells, sounds and investigate the scene around any blood.  Must we go back to following the body to the morgue in order to;

A.   Obtain blood sample from victim (must be drawn by proper person) and  recorded.

B.   Obtain victims clothing.

C.   Obtain any physical evidence found on the    


D.   Obtain photographs of victim’s wounds and  

       injuries no matter how minuscule. When 

       injuries  are noted, describe in detail.   Determine how  the injuries were received (e.g., derived from a blow or a fall-invisible biomechanical trauma leading to death, coma; blunt trauma, sharp trauma and so forth.


      In summary, should any of the Protocol thus far be changed, in any manner, move the body, have body embalmed, buried, cremated, lay object near or on body and simply too much traffic or over handling of evidence, will destroy any investigative bridges.


DYING DECLARATIONS – Section 1242 of the California Evidence Code    


     If an agent finds a victim who is seriously injured, and it appears that there is impending death, a dying declaration is of great importance.  If the murder is in California then the agent should make every effort to obtain a dying declaration.  The rules follow:


1.   It is one of the few exceptions to the rule prohibiting hearsay evidence.

2.   The declaration does not have to be in writing or notarized,  and is better if witnessed.

3.   A dying declaration is extremely damaging to a defendant.

4.   The declaration should be written verbatim in  the officers notebook when completed.

5.   The elements of the declaration are;

a.   If a person believes he is dying and all hope of recovery is lost it is not necessary that a physician told him so.

b.   The declaration must relate only to the manner and circumstances causing the present condition and the person responsible for the death which did occur.

c.   The  statement can only be used at criminal trial for felonious cause of death.

      “He reminds me of the man who murdered both his parents and then, when sentence was about to be pronounced, pleaded for mercy on the grounds that he was an orphan.”   Abraham Lincoln


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