Homicide Investigation Report PDF

HO HOMICIDE MIC DE I a. What law punishes the crime of Homicide? -Revised Penal Code Article 249 Any person who does not fall under the provision of Article 246, and kills another person without any of the circumstances stated in Article 248, is considered to have committed ho...

HO HOMICIDE MIC DE I a. What law punishes the crime of Homicide? -Revised Penal Code Article 249 Any person who does not fall under the provision of Article 246, and kills another person without any of the circumstances stated in Article 248, is considered to have committed homicide. b. What are the elements of Homicide? 1) A person was killed. 2) The accused killed him without any justifying circumstance. 3) The accused had the intention to kill, which is presumed. 4) The killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. 5) Homicide is genetic term and could be committed by culpa (negligence) or dolo (Intent). 6) Other analogous acts. b. What are the elements of Homicide? 1) A person was killed. 2) The accused killed him without any justifying circumstance. 3) The accused had the intention to kill, which is presumed. 4) The killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. 5) Homicide is genetic term and could be committed by culpa (negligence) or dolo (Intent). 6) Other analogous acts. b. What are the elements of Homicide? 1) A person was killed. 2) The accused killed him without any justifying circumstance. Requirements of Self defense; 1. Unlawful Aggression 2. Reasonable necessity of the means employed to prevent it 3. Lack of sufficient provocation on the part of person defending himself b. What are the elements of Homicide? 1) A person was killed. 2) The accused killed him without any justifying circumstance. 3) The accused had the intention to kill, which is presumed. 4) The killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. 5) Homicide is genetic term and could be committed by culpa (negligence) or dolo (Intent). 6) Other analogous acts. c. What is the evidence needed to file a crime of Homicide? 1. Testimonial Evidence — Affidavit of complainant and witnesses. 2. Documentary Evidence — Photographs, video, police report and other documents. 3. Object Evidence — Autopsy, weapons used and other Forensic Reports. 4. Other relevant evidence  HOMICIDE (GENERIC) INVESTIGATION a. Upon Receipt of Call/Walk-in Complaint. The duty desk officer shall: 1. Record the time it was reported; 2. Get the identity of the caller/complainant, 3. Get the place of the incident; 4. Get the nature of the incident; 5. Get the number of victims; 6. Record the brief synopsis of the incident; 7. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as first responder equipped with a camera and "police line" to secure the place of incident; and 8. Inform the duty investigator (preferably one team of investigator). b. Guidelines in Homicide Investigation 1. Record the time the call was received as well as the time of arrival at the scene. 2. Preserve the crime scene. 3. Do not remove anything until its location and position have been noted and photographed. The position of evidence should be measured and/or photographed in reference to permanent fixtures in the crime scene. 4. Pay attention to the wound inflicted which may have caused the death of the victim and how it was committed. b. Guidelines in Homicide Investigation 5. Designate one person to pick up all physical evidence. No one should touch or move anything unless and until the fingerprint technician has finished his tasks. 6. A systematic, detailed search of the crime scene should be conducted. 7. Colored as well as black-and-white photographs should be taken. 8. Look for physical evidence that will tend to prove the elements of the crime under investigation. 9. Take note of unusual odors, symbols, fetishes, rituals. 10. When the body is finally moved, attention should be given to the area beneath the body. b. Guidelines in Homicide Investigation 11. While moving the body, use a rubber sheet to prevent contaminating the crime scene with spilled blood. 12. Conduct a careful inspection of a dead person holding a gun. (The hand of a dead person usually has no gripping power. Therefore, if the gun was placed in an unnatural position (Cadaveric Spasm), it may have been placed in the hand after the death of the person). 13. Note the condition and types of food at the crime scene as the pathologist may be able to use this information in determining whether the victim's last meal was eaten at the crime scene. b. Guidelines in Homicide Investigation 14. The course and direction of each bullet should be determined. This applies to the trajectory of the bullet through the body as well as the trajectory of the bullet through a solid object at the crime scene. 15. If all slugs were not removed at the crime scene, have the body Xrayed. This is excellent for determining the distance of fire from patterns and shows the trajectory of the bullet through the body. 16. Take photographs of all bystanders. These may be helpful later to identify possible witnesses or subject (who sometimes DOES return to the crime scene). 17. Try to: a) Determine if any of the victim's valuables are missing. b) Record the color of the blood stains (bright red, reddish brown, brown, black or almost black). c) Determine what portion of the stain is wet (just the center, completely wet, completely dry, dry around the edges) for an estimate of time of death. d) If the blood is wet, see if a paper slip will separate the stain as it goes through or if the blood will flow together again. e) Note the size, dimension and location of blood drops. f) Determine the direction and distance of blood drops. g) Enter in your notebook details of the test to determine whether victim is still alive. Record if the body is cool to touch, warm, etc. h) Record the weather, as well as weather changes (sunny to cloudy or viceversa). i) Talk to everyone with whom the suspect has spoken. j) Look for weapons which could have inflicted the wounds. k) Obtain soil sample (double handfuls) at ten- foot intervals in circles around the body and the scene, when appropriate. l) Take sample of other items for exclusionary purposes. m) Obtain botanical samples when necessary. n) Take a temperature reading of the scene. If the body is submerged in a bathtub, record the temperature of the water at the time of your arrival. 18. If it is necessary to cut the victim's clothing, avoid using bullet or knife holes. Where possible, cut the clothing along seams so that the clothing can be restored to approximately its original condition. 19. The spatter pattern of blood spots should be noted as it is: a) An aid in determining if the object or persons was in motion when the blood spattered. b) Possible for an expert to tell you how the crime was committed as indicated by the blood spots. c) Possible to trace every spot to its origin by observing its characteristics. d) Indicative of whether it was a result of a weapon striking a victim, or it was thrown there from a weapon, or it was created by some other weapon. 20. BE CAUTIOUS. Remember that fingerprints may be present on light switches, light bulbs, telephone, doorknobs, etc. 21. When fingerprints are on an object which has a dark color, consider using fluorescent powder as the standard fingerprint powders are not as effective in developing latent prints on such objects. Aerial photographs of the crime scene and escape route should be taken, when possible and practicable.  c. Things to remember in the conduct of Homicide (Genetic) Investigation 1. Places of Importance 3. Persons of Importance 2. Time of Importance 4. Things of Importance Court Preparation 1. Have a diagram of the crime scene and the location of all evidence. 2. Make a list of the evidence on hand and what you hope to prove with it. 3. Be prepared to show the following: a) Relationship existed between the victim and the suspect b) Indications that the suspect threatened to harm the victims. c) Possible witnesses to the threats d) A photograph of the crime scene (before and after processing) can be very helpful. e) Review everything, including testimony, with the prosecutor before trial. f. Review with witnesses their testimony to refresh their memory,