Você está na página 1de 6

CHAPTER VIII

Investigation of Homicide
Homicide poses a serious problem for the police administration. In many cases an unsolved
homicide creates panic in the community and unleashes a torrent of community demands for
increased police protection. Civic demands are amplified by various press media. And before long,
pressure is brought to bear upon the police the police of the community; the result of these demands
and pressures is often times reflected in an unequal distribution of police personnel to areas
concerned, and to specific homicide investigations.
Such assignment of law enforcement resources in not always done on the basis of specific and
sound personnel practices. It is done in response to increasing demand for protection. It is done to
abort increasing hysteria and the formation of “vigilante” groups that are ill-equipped to cope with
the problem of crime prevention.
There are many types of homicides that are committed. Some may be prevented through effective
law enforcement. Others may occur regardless of the quality of police protection. Let us examine
the nature of these crimes.
The taking of the life of one human by another may be either criminal or non-criminal in nature,
depending upon the circumstances. A homicide is non-criminal if it is excusable or justifiable. The
law sets forth the conditions under which such taking of human life may be adjudged justifiable
or excusable, whether the act resulting in death was committed by a civilian or a law enforcement
officer.
Regardless of whether the taking of life is criminal in nature or not, thorough investigation must
be made. The police officer must safeguard the crime scene; evidence must be identified; skilled
scientists must process the evidence and report objectively on their findings. The law enforcement
agency must cooperate with the office of the medical examiner, the prosecutor and criminal court
of jurisdiction. The initial and continuing investigation must be conducted professionally and
impartially. Technical experts for the law enforcement agency must be prepared to testify under
oath and qualify as experts in the court of jurisdiction. There is no margin for technical or
professional error in these cases. The guilt of innocence of suspects or prisoners is in issue. In
many instances the reputation of professional law enforcement officers hangs in the balance where
they are compelled to use force that results in the death of criminals.
Crimes of passion committed indoors generally may not be prevented by effective law
enforcement, particularly where the victim is related to the criminal. Other homicides resulting
from street assaults, robbery forcible rapes, and riot may be reduced in number depending upon
the concentration of police in the area and the effectiveness of police techniques.
In each investigation relating to the death of a person, all the resources of law enforcement agency
must be brought to bear upon the investigation to insure effectiveness and the case may not be
closed except with results.
FACT ABOUT MURDER
Circumstances or motives surrounding willful killings indicate that this crime is generally beyond
police control. Conditions that breed murder – social, human and material – very widely form one
area to another.
To cite, spouse killing spouse; parents killing children; outside the family unit, usually the result
of altercations with acquaintances; romantic triangles or lover’s quarrel; drinking situations and
killings resulting from robberies, sex motives, gangs to other felonious activities, etc. are
examples.
STANDARD OPERATING PROCEDURES
Standard operating procedures for pre-plan for the handling of homicide cases assure that all
avenues of investigation are explored.
Training
1) Uniformed Members
2) Specified Members
Homicide investigation are long and tedious, and require a special breed of detectives to bring the
investigation to a successful conclusion. What is required? The same attributes that make a
successful detective, but more of them, particularly patience, perceptiveness, ability to interrogate,
imagination and a good deal of common sense. Technicians must possess the necessary
background and knowledge to conduct their examinations gained either from formal education or
technical training.
a) Refresher programs must be established so that detectives will be familiar with their duties.
b) Receive technical training in new advances.
c) Become acquainted with the use of new equipment.
Training Bulletins about safeguarding the crime scene, firearms evidence at the crime scene,
correctly describing the handgun, the handling of blood evidence, laundry and dry cleaning marks,
tracing the fugitive, description of persons and property must be provided.
It has been found that by following the recommended procedures contained in these bulletins,
much can be done to aid the situation covered.
Rules and Procedures
Rules and procedures must be adopted pursuant to law to include discipline, administration and
disposition of a police force, and the members thereof. They must be designed to guide members
in carrying out the duties imposed upon them by law. Periodic orders must be issued to provide a
constant supplementary guide to meet changing conditions.
1) Serious Crimes
2) Superior in Charge
3) Communication System
a) Notifications
b) Alarms
Facilities To Be Available
Physical Needs
In addition to station houses, detention facilities, mobile equipment, etc.
Some thought should be given to:
1) Interrogation rooms
2) Laboratory equipment
3) Special list
4) Forms to be used
a) Crime scene search area card
b) Identification tag
c) Resume of homicide case
d) Request for lab exam
e) Lab analysis report
f) Assignment sheets.
The CRIME SCENE
The skilled recognition, evaluation, collection, marking, safeguarding and examination of
evidence are initially done at the scene.
Safeguarding Crime Scene
1) Importance of safeguarding scene
2) Indoors be safeguarded
3) Outdoors be safeguarded
Responsibility of investigating personnel
1) First on scene
The officer arriving at the scene is most important to an investigation. Generally, it’s
uniformed officer. He must protect the scene.

a) Judgment – it is easy to lay out rules for every situation, and mature judgment is
required on the part of the officer. However, he must safeguard and maintain the scene
so that evidence of value is available to the investigating officers. Don’t put anything
in – Don’t take anything out.
b) Victim – officer must ascertain if victim is beyond medical assistance.
c) Perpetrator – officer must arrest the perpetrator, if possible.
d) Notes – make note of the time discovery and time of arrival.
e) Witnesses – officer must separate witnesses, hold on to witnesses, not permit people to
leave the scene who may be assistance, and not discuss the crime with anyone.
f) Report – notify investigators who respond of what has been done and what has not been
done.
As you can see, this is a large order for the officer first on the scene. Specialized members
share the responsibility of protecting evidence in the scene area. The detective or superior
officer in charge may enter the crime scene to determine the situation, but he must be
careful not to step where he will damage or cover evidence. In a homicide, of course, the
first requirement is not determine if the victim is dead – this should be made by a doctor –
but he must not permitted to unnecessarily move the body or touch anything else at the
scene.
2) Delineation of Crime Scene
The extent of the crime scene will be a factor in its safeguarding area where the crime
should took place – and evidences found in area.

3) Services Required
Where the services of the Technical Service Units such as photographic, laboratory,
ballistics are needed, superior officer or the detective shall leave the evidence untouched,
and guard the area in the same manner, until the technical aid arrives.

4) Excluding of persons
a) Who should be excluded? Perhaps the most important duty for a superior in the scene
is to preclude other superiors, officers, members of the press, relatives, and persons
who feel they have a right to satisfy their curiosity from doing so.

In major cases such as homicide, superior officers and detectives should not enter and
remain within the boundaries of the crime scene area or conduct any search until the
scene has been photographed, dusted for fingerprints and searched by the Laboratory
Technicians.

Presuming to search the area “carefully” or otherwise anticipate the operation of the
technical units, is at best risky procedure which may result in confusion on certain
points or introduce false leads to the scene.

Recording the Scene


1) Details
Mental impressions are often forgotten or their details confused. A memorandum may
refresh the recollection of an entire scene. Even when an officer has forgotten the details
of an arrest, and his notes do not refresh his memory, the notes themselves may be
admissible in evidence.

2) Statements
An officer first at the scene of a crime and the officer assigned to the investigation should
record their observations of the scene as well as the relevant statements of suspects and
witnesses, whether made casually or as a formal statement. Any officer obtaining a relevant
statement should record and deliver it to the superior in charge of the investigation.
3) Photographs
Upon arrival of detectives at the scene of homicide, the following procedure is
recommended. The photographer will take pictures of the scene and the dead human body.
This will be done every possible direction, and the body and effects will not be moved until
it is done.

4) Stenographic Notes
The detective superior in charge should dictate to a stenographer a detailed description of
the surrounding conditions, physical layout of the premises position, appearance and
condition of the body, weapons found, by whom examined, and results of investigations
made. He should direct that the witnesses be taken to the station house for interrogation,
unless this be impractical.

5) Sketching the Scene


The entire scene should be sketched by a qualified officer showing the position of the body,
clothing, evidence, etc., the scale as well as the direction “North” indicate.

Searching the scene

1) Purposes
The purposes of searching the scene are as follows:
a) Establish corpus delicti
b) Modus operandi
c) Identification of perpetrator
2) Methods of search
In searching the scene it is wise to proceed in a slow, systematic manner. Some
recommended methods are:
a) Strip method
b) Spiral method
c) Zone method
d) Wheel method
3) Order of search
It is recommended that the search of the scene be done in the following order:
a) Medical examiner
b) Laboratory technicians
c) Fingerprint experts
4) Extent of scene and search
It must be remembered that the extent of the scene encompasses as much larger area that
the immediate location. An investigator must take certain that the entire crime scene area
is thoroughly checked. In searching, it is wise to make certain that the sewers in the vicinity,
catch basins and similar depositories of refuse are clearly examined.

5) Evaluation
In evaluating findings at the scene, it must be remembered to consider it will regards to the
purpose listed above.

a) The Evident
The obvious, i.e., evidence that is apparent to anybody – the weapon – the body –
smears, etc.

b) The obscure
On the other hand, we must consider the obscure in light of later development – a
newspaper – back toothbrush, piece of soap, etc.

6) Reconstruction
a) Physical
Placement of persons and things to simulate conditions.

b) Mental
(1) Will follow from above
(2) Will supply a theory
(3) May test a theory
(4) May direct further search
Actions By First Officer at the Scene
In case of a serious crime, the officer should remember that there is ample assistance available and
should not delay in summoning it. While awaiting for senior officers and experts to arrive, the
officer should take every possible step to PRESERVE the scene, attend to an injured persons, and
locate witnesses. The SAVING OF LIFE takes precedence over other responsibilities at all times.
If a person is found with a rope or scarf tied tightly around his neck, he should loosen it
immediately, or if a person is found hanging from a rope he should be released without delay. In
case where a person who may have been injured from bullets, stab wounds or other cases, medical
assistance must be procured at once. Above all, the officer himself must remain CALM and carry
out his duties methodically.
Preserving the Crime Scene
Preserving the scene means taking steps to ensure that the scene of crime is not disturbed. The rule
is to keep by standers and unauthorized persons well away from the scene.
In the open, cordon off the area, preferably by means of a rope supported stanchions, covering an
area approximately one hundred feet around, leaving one entrance into the scene for investigation
officers use one alternative route, other than the probably

Você também pode gostar