Criminal Investigation Unit 7 Lecture

Criminal Investigation: A Method for Reconstructing the Past 5th edition By James W. Osterburg and Richard H. Ward Copyright © 2007 Matthew Bender & Company, Inc., a member of the LexisNexis Group Newark, NJ 877-374-2919

(Osterburg & Ward, 2007, pp. 350-351) 1.   What are the different types of homicides?

(Osterburg & Ward, 2007, pp. 350-351) http://www.amazon.com/Final-Exit-Second-Practicalities-Self-Deliverance/dp/0440507855 (Accessed 10/7/09) 2.   What is the difference between a homicide and a suicide?

(Osterburg & Ward, 2007, pp. 368- 394) 3. How can a body provide evidence to the investigator? (Osterburg & Ward , 2007, p. 386)

4. How is Modus Operandi important in death investigations? (Osterburg & Ward, 2007, p. 138) (Osterburg & Ward, 2007, p. 211) (Osterburg & Ward, 2007, p. 355)

Chapter 15 Homicide Osterburg & Ward, 2007

Corpus Delicti: Two components The “Body of the Crime” Two components 1. That each element of the offense has been satisfied 2. That someone is responsible for inflicting the injury (Osterburg & Ward, 2007, pp. 351 – 352)

Corpus Delicti The collection of facts establishing that a crime has been committed (Osterburg, 2007, pp. 351-352)

Sec. 19.02.  MURDER (1)  "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection. (2)  "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation. (b)  A person commits an offense if he: (1)  intentionally or knowingly causes the death of an individual; (2)  intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or (3)  commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual. (c)  Except as provided by Subsection (d), an offense under this section is a felony of the first degree. (d)  At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

Investigative Activities at Crime Scene Record the crime scene Collect and preserve physical evidence Identify the victim Establish cause, manner, and time of death Osterburg & Ward, 2007

Ascertain the Motive for the Crime Note the way the crime was committed Interview family and associates of victim Locate and examine documents Osterburg & Ward, 2007

Who Does What? Pathologist v. Anthropologist Forensic Pathologist: Identifies victim Estimates time of death Establishes cause and manner of death Forensic Anthropologist: Searches crime scene Documents physical evidence Osterburg & Ward, 2007

Who Does What? Evidence Technician/ Criminalist vs. Detective/Investigator Evidence Technician/Criminalist records crime scene collects and preserves physical evidence Detective/Investigator searches crime scene ascertains motive for crime seeks additional information questions suspects Osterburg & Ward, 2007

Motives for Committing Homicide Financial gain Sexual gratification Emotional factors Self-protection Interrupted crimes Elimination of eyewitnesses Elimination of potential informant Removal of inconvenience or impediment Osterburg & Ward, 2007

Body as Focus of Investigation Who is deceased? What are cause and manner of death? Reconstructing the crime What time or times are involved? What occurred? How did it occur? Osterburg & Ward, 2007

Chapter 16 Robbery Osterburg & Ward, 2007

Robbery: Model Penal Code Definition A person is guilty of robbery if in the course of committing a theft if he or she: 1. Inflicts serious bodily harm upon another, or 2. Threatens another with or purposely puts another in fear of serious bodily injury or 3. Commits or threatens to commit any felony of the first or second degree Osterburg & Ward, 2007

29.02. ROBBERY (a)A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he: (1) intentionally, knowingly, or recklessly causes bodily injury to another; or (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death. (b) An offense under this section is a felony of the second degree.

Types of Robberies Street robberies Residential robberies Bank and armored car robberies Commercial robberies Osterburg & Ward, 2007

Criminal Investigation Unit 7 Lecture Read,,,Study,,,Think!!!! Are you Achieving your Educational Goals? If Not, What do YOU Need to do to make it happen and how can I Help?