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Homicide Investigation Techniques
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What is Homicide?
Homicide is defined as “the killing of one human by another.”(Legal-dictionary, 2008) There are 3 categories of homicide which include first and second degree Murder, Manslaughter and Justifiable Homicide. First degree murder is when a person plans to and follows through with the killing of another person where the intent was death such as a boyfriend finding out his girlfriend is pregnant but because he does not want the baby he pushes the girlfriend down the stairs and kills them both he could then be charged with two counts of first degree murder. Second degree murder is almost like first degree murder in the sense that a person killed another person but they did not plan to kill them for example if a person were driving while drunk and caused an accident that killed another person she could be charged with second degree murder because she did not plan to crash and kill the other person but her actions of drinking caused the accident and the death of that person
Manslaughter is defined as a person who kills another person by their actions but did not plan or intend for the death to happen. Manslaughter can be classified into two categories which are involuntary and voluntary. Involuntary manslaughter happens when a person is texting and driving as they cross the line into oncoming traffic and crashed into another vehicle killing the other driver, they did not mean to kill anyone but because they were negligently texting and driving it caused the death of the other driver. An example of voluntary manslaughter is when a husband walks into a bar and sees his wife kissing on another guy, he then goes over and starts confronting the other guy which turns into a fight and the outcome is the other guy being killed b...
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Homicide. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). Retrieved January 22 2014 from http://legal-dictionary.thefreedictionary.com/homicide
Kellermann, A. L., Rivara, F. P., Rushforth, N. B., Banton, J. G., Reay, D. T., Francisco, J. T., ... & Somes, G. (1993). Gun ownership as a risk factor for homicide in the home. New England Journal of Medicine, 329(15), 1084-1091
Penven, D. (2012, November 01). Basic stages for a crime scene investigation—possible homicide. Retrieved from http://www.crime-scene-investigator.net/possiblehomicide.html
Shramm, P. (2001, June 21). Is homicide preventable?. Retrieved from http://www.aic.gov.au/media_library/conferences/outlook4/schramm.pdf
What are the different types of homicide?. (2012). Retrieved from http://www.attorneys.com/homicide/what-are-the-different-types-of-homicide/
Causation is the cause of death, and in criminal law it is the connecting of conduct and physiological behaviour with a resulting effect, typically a serious injury or death. The analysis of the actus rea and mens read of the accused will assist the investigators in pinpointing the causation of the murder. In criminal law it is absolutely necessary to prove causation in order to convict an individual for first degree murder.
Murder is the unlawful premeditated killing of one human being by another. A non-criminal homicide ruling, usually commited in self-defense or in defense of another.
Murder should include the elements of purposely, knowingly, or recklessly under circumstances showing extreme indifference to the value of human life (Brody & Acker, 2010).
In 2012, there were an estimated 14,827 murders and non-negligent manslaughter crimes reported by all agencies in the United States according to the Uniform Crime Report at the Federal Bureau of Investigation. Murder and non-negligent manslaughter are defined “as the willful (nonnegligent) killing of one human being by another.” A 1.1 percent increase occurred from 2011 to 2012. But it should be noted, this is a 9.9 percent drop from the figure for 2008 and a 10.3 percent decrease from the number of murders recorded in 2003. Of the murders that occurred in 2012, it is estimated that 43.6 percent were reported in the south, 21.0 percent were from the Midwest, 21.0 percent were accounted from the west, and 14.2 percent were from the northeast
Bowers, W, Pierce, G., and McDevitt, J.(1984), Legal Homicide: Death as Punishment in America, 1964-1982, 333
This crime can be classified as manslaughter and murder as well. There is about 426 incidents of non-negligent homicide, males are more of a victim than females are when it comes to this crime of a rate of 74% for males and 25% for females which is huge for males not by surprisingly. The most often ages of people that is a victim (1,062) or an offender (1,509) of non-negligent homicide crimes are between the ages of 20-29. The (UCR) which is the FBI uniform crime report says that agencies don’t classify suicide, traffic fatalities and etc. as death of non-negligent
Wodarz, Dominik, and Natalia L. Komarova. "Dependence of the Firearm-Related Homicide Rate on Gun Availability: A Mathematical Analysis." PLoS ONE 8.7 (2013): 1-13. Academic Search Premier. EBSCO. Web. 15 June 2015.
Guns are not the trouble, people are. The United States is #1 in world gun ownership, and yet is only 28th in the world in gun murders per 100,000 people. The number of unintentional fatalities due to firearms declined by 58 percent between 1991 and 2011 Based on these facts, one can see the guns not the causes of gun violence. moreover, civilians who get permits take gun safety courses and have criminal background...
Violence related to guns is a prominent issue in America. Guns are a means to an end; meaning guns have played a strong role in suicides, murders, and injuries. In the past decade there has been an average of 400-500 thousand incidents of firearms per year (Gun Violence). The number of injured people from firearm incidents in the United States per year for the past decade is 400-600 thousand people (Gun Violence). These statistics are absolutely shocking to anyone. The amount of violence and crime that comes from guns is enormous. It is imperative that proper gun control is put into place by means of background checks and proper training. It can almost be certain that the number of incidents of accidental discharges from children and the number of victims affected by gun crimes in general can be highly reduced.
Whether you watch the news or the latest episode of Law & Order, you have probably heard the terms first-degree murder, felony murder, second-degree murder and manslaughter, among others. But what are the differences between the types of homicides? Homicide can be labeled differently in each state, figuring out how someone died and the manner they died in. The penalty for homicide is imprisonment. The precise term of years depends upon the applicable statute. Usually the sentence that is imposed for voluntary manslaughter is greater than that given for involuntary manslaughter. In most states, a more serious penalty is imposed for criminally negligent manslaughter than for unlawful-act manslaughter.
To be found guilty of first degree murder, it must be proven that killed someone with malice aforethought, meaning it was planned, premeditated. First degree murder is to kill malevolence, to kill either intentionally and deliberately or recklessly with the utmost disregard for human life. Premeditation may be fashioned immediately and does not require a lengthy period of contemplation. The death penalty is recognized in Thirty-eight states. Capital first-degree murder or aggravated first-degree murder is categorized in killings viewed as deserving of capital punishment. Life imprisonment or death penalty is the punishment resulted in a conviction. States who do not recognized the death penalty, aggravated murder carries life imprisonment. When aggravated or capital murder is committed in a heinous or monstrous fashion, it is considered homicide (Lippman, 2006).
More than 20,000 children and youth under the age of 20 years old are injured or killed by guns in the U.S. The easy accesses kids have to getting their hands on guns are a major reason why firearms are the second leading cause of death among the youth. The majority of deaths by guns in the youth are homicides. About one-third of them are suicides. Seven percent are unintentional. People living in urban areas such as, older teens, males, African American youth, and Hispanic youth are more likely to be involved in gun homicides. People in rural areas like males and Caucasian youth are more likely to commit suicide. There were 2,711 infant, child, and teen firearm deaths. That’s seven deaths a day.
The three types of multicide are serial killers, mass murderers, and spree killers. Serial killers are defined by the F.B.I. as at least three murders in at least three different locations with an emotional cooling-off period between kills. Some other sources disagree and claim that as many as 5 victims are needed for a killer to qualify as a serial killer. Mass murderers are defined by the F.B.I. as any murder who kills four or more victims at one place and time. Other sources claim this number to be any more than three. While spree murderers are defined by the FBI as a single event with two or more locations and no cooling off period, however
If a mass killer’s murders are committed in more than just a single location, then they are part of a continuous action (Murder 1). Their victims are usually chosen at random, not just killed at first sight. Their targets may also come in specific groups. More than occasionally, a mass murderer will take his own life after his urge to kill is over. This is possibly because authorities recognize the killer is unstable and are likely to shoot the killer in order to protect themselves. A typical mass murderer uses a semi-automatic weapon and plots his murders to be made in a school, university, or restaurant (murder 1).
According to the People's Law Dictionary by Gerald and Kathleen Hill, there are two types of manslaughter. "The first type is voluntary manslaughter (first degree) which is defined as a homicide resulting from an intentional act done with or without malice or premeditation and while in the heat of passion or on sudden provocation".(Hill) An example would be a husband catching his wife in bed with another man and he kills the man before the heated pass...