Homicide
Homicide refers to the death of a human being caused by the act of another individual. It encompasses a range of definitions that include both civil and criminal contexts, influenced by the intentions and actions of the person responsible for the death. Understanding and classifying homicides are crucial for societal governance, as unjustified deaths can raise significant social concerns and hinder community development. Homicides are categorized into various types, including criminal homicide, which involves intentional acts to cause death, and noncriminal homicide, which may arise from lawful acts such as military actions or justifiable self-defense.
The investigation of homicide focuses on establishing the cause of death and examining the circumstances surrounding it. Forensic science plays a pivotal role in this process, utilizing evidence to reconstruct events leading to the death. Various categories of homicide, such as first-degree murder, second-degree murder, and manslaughter, hinge on the perpetrator's intent and the circumstances of the act. In criminal cases, the legal system requires proof of both the physical act and the mental intent behind it. Through meticulous investigation and forensic analysis, authorities strive to ascertain the details surrounding each homicide, which can range from instantaneous discoveries to complex scenarios involving unknown victims.
Homicide
DEFINITION: Death of a human when caused by the act of another. Homicide includes both civil and criminal definitions, which vary according to the individual acts or intentions of the person acting.
SIGNIFICANCE: The ability to identify and classify the nature of the deaths of human beings is an important part of a civilized society. Unjustified deaths create social concern and can interfere with a society’s growth or prosperity. The work of forensic scientists can help to explain unattended deaths and can aid in efforts to provide legal remedy for deaths where appropriate.
In the broadest terms, all deaths that are caused by persons other than the decedents are considered homicide, but not all may be criminal homicide. The major distinguishing factor between a criminal homicide and other kinds of homicide is the intent of the person who caused the death. Examples of noncriminal homicide include acts by soldiers during time of war, acts of the state in imposing and enforcing mandates, and deaths that occur within the strict law of excuse or justification.
In the United States, most unattended deaths are classified as homicide until such time as an investigation determines the cause and manner of death. An unattended death is one that occurs outside the treatment or supervision of a physician. In most instances, deaths are categorized into four major types: accidental death, natural death, suicide, and murder.
Elements of Criminal Homicide
The crimes involving homicide require specific elements to be proven through the investigation and prosecution. The first group of crimes includes murder, which is commonly divided into two subcategories: first-degree murder and second-degree murder. First-degree murder (also known as aggravated murder in some jurisdictions) is committed by a person who knowingly causes the death of another person with deliberation and intent. The terms “premeditation” and “deliberation” are often applied in defining the highest level of murder. Premeditation is commonly defined as consideration or planning of an act beforehand. In the case of homicide, the is the mental element (mens rea) within which the perpetrator contemplates or gives forethought to the acts in question. This does not mean that a perpetrator must have a specific plan ahead of time; only mere moments of forethought need pass for the mental element to be met. The detail of proof is in the ability to show an intent to cause an act that has a planned result of death.
Second-degree murder occurs when a person knowingly causes the death of another without premeditation but with intent to act. In this subcategory, the person commits the crime if he or she knowingly causes the death of another while committing a criminal act or when there is intent to act in a reckless or harmful manner. The major distinctions between first- and second-degree murders are the intent and the deliberation of the person causing the murder to actually cause the death. In second-degree murder, the concentration is on the intent to act; the intent to cause the death is absent.
Criminal homicide may include the lesser crime of manslaughter, which is often divided between voluntary and involuntary manslaughter. Voluntary arises when an intentional act is done without malice (malevolence) or premeditation and while in the heat of passion or on sudden provocation. arises from the failure to perform a legal duty expressly required to safeguard human life, from the commission of an unlawful act not amounting to a felony, or from the commission of a lawful act involving a risk of injury or death that is done in an unlawful, reckless, or grossly negligent manner.
Investigation of Homicide
The investigation of death focuses primarily on the cause of death, as well as on the underlying acts of the person who caused the death. Whether the matter is one of criminal or civil interest relies heavily on the that proves aggravation or mitigation of the actions. In both instances, the use of forensic evidence establishes both the and the method or manner.
The methods of determining civil or criminal homicide include four primary areas of emphasis. The first of these is the scene investigation, and this may occur in both civil and criminal cases. The primary focus of the scene investigation is the identification, securing, and initial analysis of evidence. This may include preliminary determination of cause or nature of death, as well as surrounding circumstances.
The second area is pattern analysis, also known as crime scene reconstruction. In this phase, the investigator or technician concentrates on the critical analysis of physical evidence in order to recreate the potential acts that led to the death in question. Investigators use deductive reasoning to gain detailed knowledge of the events surrounding the homicide. The nature and cause of the injury leading to death constitute an important part of this phase, as does the relationship or interaction between victim and perpetrator.
The third area is that of the forensic analysis, which may include both laboratory and nontechnical investigative techniques. Through the application of both scientific method and investigative technique, evidence related to the acts or issues in question is analyzed. This may include analysis of evidence from the scene, from a weapon or cause of injury, and from the victim through medical and scientific analysis.
The final area is the legal presentation of proof through evidence and ultimate application of the elements of the crime. In this stage, the three investigative and forensic areas come together under the umbrella of law to draw conclusions about the nature and cause of death. In a criminal case, the prosecution must prove the physical acts (actus reus) of the crime as well as the mental elements (mens rea).
Homicide and Forensic Science
The nature of homicide cases often determines the types of forensic investigation that may occur. Common questions to be answered during the homicide investigation include those regarding the time, manner, and nature of death. The discovery and identification of the victim may also involve a great deal of forensic science.
In some instances, the discovery of the crime is almost instantaneous, as there may be witnesses to the actual acts. In other cases, the discovery of the victim adds dramatically to the complexity of the investigation. Types of crime scene investigations vary greatly depending on the nature of the crimes as well as the conditions of the crime scenes.
Forensic science has contributed significantly to the investigation of homicide. Two broad areas of forensics help investigators to narrow the evidence and its application. The first of these encompasses the methods used to estimate time of death. Investigators and forensic experts can make relatively accurate predictions regarding time of death when they know several important factors, including the condition of the body, the type of location where the body was found, and the external factors related to the condition of the body. As a general principle, the sooner forensic experts can examine the body, the better chances they have estimating a more accurate time of death.
The nature of the injury causing death is the second important area where contributes to homicide investigation. By defining the type of injury, the cause, and the potential effect it has on the human body, forensic scientists help determine potential suspects as well as reasons for the homicide. Sharp force injuries are most commonly associated with homicides, and their detailed examination can provide information regarding the type of weapon used in the murder.
Bibliography
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Geberth, Vernon J. Practical Homicide Investigation: Tactics, Procedures, and Forensic Techniques. 4th ed. Boca Raton, Fla.: CRC Press, 2006.
Hanzlick, Randy. Death Investigation: Systems and Procedures. Boca Raton, Fla.: CRC Press, 2007.
"Homicide." Cornell Law School, Jan. 2023, www.law.cornell.edu/wex/homicide. Accessed 15 Aug. 2024.
Snow, Robert L. Murder 101: Homicide and Its Investigation. Westport, Conn.: Praeger, 2005.
Snyder, LeMoyne. Homicide Investigation: Practical Information for Coroners, Police Officers, and Other Investigators. 3d ed. Springfield, Ill.: Charles C Thomas. 1977.