MURDER
&
DISCOVERY
STANDING
THE
TEST
OF
JUDICIAL
REVIEW
PART
1 (of 8)
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
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
body.
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
By Scott Neff DC DABCO
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