Module 17

Death Investigations

Tue, 23 Jun 2015 12:40:15 GMT

Objectives

After studying this module students should be able

Know the actions to be taken at the scene of a suspicious or sudden, unexpected death

Introduction

Tue, 23 Jun 2015 12:40:49 GMT

In light of the punishments or civil sanctions that can result from a person being found responsible for someone's death, the need for a high quality, almost if not perfect investigation is paramount. It would be difficult to produce a complete murder manual that could be made available to the non-specialist investigator, so this module is restricted to an explanation of the initial actions to be taken in the event of attendance at a sudden or suspicious death. For the purposes of this section, the term suspicious is held to mean more than giving rise to the belief that a murder has been committed - in our context it means 'any death which gives rise to the possibility that a person, persons or corporate body may be found in any way culpable in that death'.

It is the responsibility of criminal and civil defence teams to review the conduct of such an investigation and to explore the integrity of the evidence made available by the original investigation team. Therefore, while the activity to be described herein is usually the sole preserve of official agencies, it is valuable knowledge useful to all.

Death Investigations

Tue, 23 Jun 2015 12:42:20 GMT

Actions at the Scene of A Death or Anticipated Fatality Notwithstanding the advice given in the earlier module on scene management with regard to personal and emergency services safety, the giving of first aid, etc, these are the actions to be considered in all cases.

1. Confirm as far as is legally possible that the individual is deceased. This fact can only be confirmed by a medical practitioner, but common sense can be applied in circumstances where death is obvious. If there is any doubt whatsoever, first aid measures must be taken. Arrange the attendance of a medical practitioner to confirm life extinct. If a suspicious death, utilise a trained police surgeon.

2. Confirm if it is known if the deceased is at the place of death, or whether the deceased has been moved since discovery, or since the time of death if this can be established. Movement may not be the result of sinister motives, but knowing if the body has been moved will have an impact on the quality of the investigation.

3. Identify and record in writing any obvious marks upon the body. Do not move the body in order to do this. That activity is the responsibility of a specialist. If the cause of death is not clear, it may be necessary to move the body the absolute minimum in order to establish if there are any injuries apparent.

4. Establish an inner and outer cordon for the scene. The inner cordon will represent the immediate surroundings of the body, e.g. the room in which it was found. The outer cordon would represent a building, street, or other geographical location that can reasonably be cordoned off.

5. Establish a common route of entry to the scene, and a rendezvous point for other investigators, emergency crews, specialists and so on. Once decided upon, this is the only route to and from the scene.

6. Observe and record the immediate surroundings of the body, including lighting, temperature (i.e. hot, cold, room temperature), status of doors and windows on arrival (open, closed, locked). Sketch maps are invaluable as an aide-memoir and for briefing other investigators who will wish to visit the scene but who will not be allowed into the direct environs of the inner cordon.

7. If there is any potential evidence of a material nature that will be compromised if left at the scene, consider its removal, and the manner of that removal. Ideally, no material will be removed, but if there are indications that evidence will be lost if it remains at the scene, it must be taken away. Seek advice of specialists for the removal process, but in any event take the utmost care that the article remains intact, and secure from contamination or tampering.

8. Let no one into the scene until a supervisory investigator authorises that this be permitted. This includes any senior investigators. There is always a temptation on the part of an investigator to have a look at the scene of a serious incident, but this enthusiasm must be countered by the need to keep the scene sterile. In most instances, a Crime Scene Manager will take control of the scene and have ultimate authority for allowing or refusing entry. Until that person arrives, the responsibility for access is that of the first investigator on the scene.

9. If a crime is suspected, police will be called (assuming that the first investigator on site is not a police officer). Any communication equipment at the scene will not be used. Police investigators will notify their control room, who will initiate most of the further contacts that have to be made. That said, it is the investigator's responsibility to ensure that those contacts have been made.

10. If a person suspected of involvement is at the scene, this person shall be isolated and escorted from the scene. If at all possible, the following considerations will be met;

That individual will be asked/told to wear a paper suit to preserve evidential material on their clothing.
Any person escorting that individual will have no further access to the scene, or in the investigation, until the evidence is secured.
If a vehicle is used to transport that person, its details will be noted and that vehicle will not be used again during that investigation if at all possible.
Arrests should not be made in haste because of the time implications at police stations. If circumstances do dictate that an arrest be made, ensure that all legal requirements are addressed.

11. Take the details of all persons present at the scene, and ask them to remain if at all possible. Anyone seeking permission to leave should be asked to consider leaving his or her clothing for examination. (It is appreciated that this may be a problem, but explanation of the reasons may ease the process. Remember - evidential matter can clear, as well as convict a person.) These people should be kept separate wherever possible, and can be briefly interviewed about the incident. Detailed interviewing of witnesses should not take place at the scene.

12. Organise a scene loggist, whose sole responsibility is to record the entry and exit of personnel to and from the scene. Modern logbooks also assist in making references to whether those personnel were wearing protective wear.

13. Record all of the following information in a notebook:

Time of arrival
Actions taken on arrival - the notebook will act as a policy book at the outset.
Situation on arrival - include lighting and weather conditions, and mens rea elements (that is, the atmosphere and environment within which the body was discovered)
Details of persons present, particularly those who discovered and reported the incident
Sketch map of scene - detail whether doors were open or closed, lights were on or off, who turned them on if they were off and visa versa
Persons/resources called, when, and through whom
What those resources did and saw upon arrival
Details of victim, and of the individual making that identification
Details of any emergency personnel on site
Decision making process re the cordons, and rendezvous point
Extensive records regarding the information disclosed or discovered through questioning of persons present
Significant statements by suspects, and dying declarations by the deceased
Condition of the premises

14. Monitor the well being of the personnel at the scene. Ask if they have concerns, questions, or personal issues that need to be addressed if they are to keep their minds on the task at hand. Also consider welfare issues regarding the traumatic nature of the incident.

15. Once the scene is preserved and the above actions have been taken, the investigator can be prepared to hand the scene over to a supervisor or scene manager. This will entail a briefing as to the actions taken (as recorded) and the persons informed.

16. Scene preservation means preservation of the scene as it was on arrival. This means non-interference with water supply, gas supply, electrical supply, and any other available utilities or services. If the television is switched ON, it stays on until examined.

The above steps are the absolute minimum in any suspicious death incident. If it is established that the death is no longer suspicious, these steps can be withdrawn, but if these steps are not taken and the death is later found to be suspicious, they cannot be put in place retrospectively.

Further Actions at a Death Scene

Tue, 23 Jun 2015 12:43:15 GMT

There are numerous actions that need to be considered at a suspicious death scene, and each incident may have different questions that have to be asked in addition to those already identified.

These actions may depend upon the nature of the death. For example, a sudden infant death (SID) may not be an obvious homicide, but due to the concerns about infanticide being covered up as SIDS (Sudden Infant Death Syndrome), each cot death is dealt with not only as a potential murder scene, but also as an opportunity for further research to be done into SIDS.

The additional steps for consideration would include:

Checking the telephone for last number redial and answering machine facilities. (N.B. Do not touch the telephone system until crime scene investigation has been completed unless there is a risk of losing the potential lines of enquiry that redial will supply. This enquiry can now be done retrospectively.)
Use still and video photography at the earliest opportunity. If a camera is available from the outset (in addition to, and prior to the arrival of specialist scene photographers), use it.
If there is a computer at the scene, ensure that its preservation is facilitated by seeking the advice or presence of a forensic computer investigator. (See Computer Module) If such a resource is unavailable, the computer will be removed with all of its cabling intact. If the computer was switched ON upon arrival, it will be turned off simply by removing the plug, NOT by closing it down. Even switching the computer off is considered as interference with the content of the hard drive.
If the deceased had a camera, this will be seized and the film developed.
House to house enquiries shall be undertaken at some stage. But this is not necessarily the prime concern at the time of the scene discovery. The exact nature of the information to be divulged to the house occupants, as well as the precise line of questioning, should ideally be confirmed first. Urgency may dictate that the house-to-house enquiry be undertaken quickly, but care must be taken not to divulge too much information, as some information will be known only to a suspect.
If a weapon is found at the scene, do not touch it. If it is a firearm, it must be handled by a trained individual, who will make it safe while minimising the damaging effects of handling in respect of forensic evidence.
Ambulance personnel will be interviewed about the action they took at the homicide scene, particularly in respect of movement of the body or associated articles. Not only if they moved the deceased, but also who, why and how. Elimination fingerprints should be taken from the emergency crew

Crime Scene Photography

Tue, 23 Jun 2015 12:44:12 GMT

The following photographs will be taken.

Overview photographs of the entire scene, including external and internal accesses to the scene.
Photographs of sites of particular relevance, e.g. blood splatter patterns, large pools of blood, removed clothing (including that removed by emergency personnel).
Photographs of the deceased in situ.
Photographs of any fingerprint evidence in situ.
Photographs taken during any subsequent post mortem examination.
If the situation allows, video or still photography of bystanders shall be taken.
If available (i.e. in custody) photographs of any suspects, their clothing, and any injuries.

Photographs shall be treated as exhibits, and continuation of the chain of evidence will be properly recorded and maintained. This includes making records about the times they are taken, the circumstances, and so on. Evidential statements shall be provided when the films are submitted. The photographs should be made available to the investigators as soon as possible.

Crime Scene Search

Once the scene has been secured and preserved, consideration may be given to carrying out a search of the locality outside of that scene. This may be undertaken with a view to finding a suspect, further forensic evidence, or even witnesses.

This cannot and should not be undertaken until the exact scope of the immediate scene has been established and confirmed, but urgency may be a consideration when making a decision as to when to initiate the search.

The points to consider once a decision has been made to start a search are:

The parameters and search methodology are considered prior to any action being taken at all. Where and how the search is to take place must be fully recorded, just as any investigatory decision has to be recorded. Main considerations include the approach and escape routes of a suspect. If these have been ascertained, and they are such that immediate examination is straightforward (i.e. not in the countryside or busy urban areas), a crime scene investigator should undertake the search for evidence. In open areas, trained search personnel should be used.
Contamination. No one who has attended the immediate scene should be used for the extended search, as material from that scene will be transferred to anything found, and the evidential value subsequently lost.
Briefing. All personnel will be fully briefed regarding the extent of the search, but also about the action to be taken upon discovery of potential evidence.
Discovery. Items found should be photographed in situ before being removed.
A crime scene investigator should be consulted about the immediate scene around the location of the discovery.
Material found, once the above actions have been taken, shall be properly preserved (under advice, if needed), and the continuity chain started correctly.

Post-Scene Issues

Tue, 23 Jun 2015 12:45:11 GMT

There are actions, which are undertaken away from the incident scene, that need to be recorded for evidential purposes.

As stated ante, emergency service personnel will be interviewed as a matter of course. If necessary, their clothing will be seized for evidential examination, bearing in mind Locard's Principle that material will be left or taken away from a scene by a suspect. This includes, therefore, items left at the scene by a suspect that are then taken from the scene by an innocent party.

Consequently, in a homicide case, if the deceased is taken to a hospital by ambulance, then that ambulance, the personnel crewing it, and the equipment that is used, are all potential sources of valuable forensic evidence. The same applies to any bedding used if the deceased was still alive on arrival at hospital.

Medical staff will have to be interviewed, particularly if the deceased died at hospital rather than at the scene of the incident.

Person in Custody - Issues
A suspect in custody will be treated as a scene from the outset, and all contamination considerations will apply. The suspect will be asked to comply with the request for provision of non-intimate and (if applicable) intimate forensic samples.

The main points will be

DNA evidential samples (known as DNA 2 samples)
Fingernail scrapings
Any body swabs necessary
Photographs of injuries inflicted, received, or attributed to any assault upon the victim
Recovery and preservation of all clothing, including underwear
Unsolicited comments, which will be recorded, and the suspect asked to sign regarding their accuracy or otherwise
Blood samples, if intoxication is alleged, suspected, or evident

Other notes will be made regarding the suspect's

Demeanour
Physical condition
Emotional state
General appearance
Mental condition

Interviews will not be carried out without the authorisation of the senior investigating officer, and will be overseen by an interview co-ordinator in any case.

Quiz - Module 17

Tue, 23 Jun 2015 12:46:10 GMT

To test your understanding of the module take a short quiz.

Take quiz