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CHAPTER 7 SOLVING HOMICIDES: UNDERSTANDING TRENDS AND...

CHAPTER 7 SOLVING HOMICIDES: UNDERSTANDING TRENDS AND PATTERNS IN POLICE CLEARANCES OF LETHAL VIOLENCE Wendy C. Regoeczi ABSTRACT Purpose – The goal of this chapter is to assess the state of evidence examining and explaining trends and patterns in homicide clearances. Design/methodology/approach – After reviewing the varying bodies of litera- ture on homicide investigations and clearances, the author assesses the degree of support for the prevailing explanations of why some homicides are more likely to be solved than others. The author also use national data to evaluate several reasons for declining clearances. Findings – Changes in the nature of homicide and deteriorating police– community relations are likely major contributors to declining clearance rates. The most consistent findings regarding patterns are the greater likeli- hood of clearance in homicides involving young children, contact weapons, Copyright © 2018. Emerald Publishing Limited. All rights reserved. residential locations, and killings not occurring in the course of another crime. Explanations relying on notions of victim devaluing generate the least support. There is considerable support for the legal factors approach and community- level explanations show promise. The findings regarding the role of forensic evidence are mixed. Smaller scale studies are beginning to help identify best practices for homicide investigations. Homicide and Violent Crime Sociology of Crime, Law and Deviance, Volume 23, 121–138 Copyright © 2018 by Emerald Publishing Limited All rights of reproduction in any form reserved ISSN: 1521-6136/doi:10.1108/S1521-613620180000023008 121 Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. 122 WENDY C. REGOECZI Originality/value – This chapter assesses several explanations for declining clearance rates and brings together divergent streams of research to summarize the current state of knowledge on homicide clearances, best practices in homi- cide investigations, and gaps to be filled by further studies. Keywords: Homicide; clearance; investigation; solvability; forensic evidence; arrest INTRODUCTION Given the serious nature of the crime, we would expect a great deal of time and resources to be devoted to the investigation and prosecution of homicide cases. And while this is generally true, many homicides today remain unsolved. This chapter examines trends and patterns in solving homicides, including the role of forensic technology, and assessing the prevailing explanations behind them. The term that law enforcement uses for solving homicides is clearances. A case can be cleared in one of two ways. A homicide can be cleared by the arrest of one or more suspects believed to have committed the murder. These cases are described as cleared by arrest and are the most common form of clearances. It is also possible, however, that the police may know who committed the homicide but for a variety of reasons cannot physically arrest the suspect. For example, the suspect may have committed suicide, been killed in another homicide or died from some other cause, may be serving a prison sentence in another jurisdiction, or have fled to another country. In these circumstances, homicides can be cleared by exceptional means. The Federal Bureau of Investigation (FBI) defines excep- tional clearances the following way: In certain situations law enforcement is not able to clear offenses known to them. Many times all leads have been exhausted and everything possible has been done in order to clear a case. If the following questions can all be answered “yes,” the offense can be cleared “exceptionally” for crime reporting purposes: 1) Has the investigation definitely established the identity of the offender? 2) Is there enough information to support an arrest, charge, and turning over to the court for prosecution; 3) Is the exact location of the offender known so that the subject can be Copyright © 2018. Emerald Publishing Limited. All rights reserved. taken into custody now? 4) Is there some reason outside law enforcement control that precludes arresting, charging, and prosecuting the offender? (FBI, 1984, p. 42) Exceptional clearances are far less common than clearances by arrest. For example, a study examining exceptional clearances among law enforcement agen- cies submitting data to the National Incident-Based Reporting System (NIBRS) found exceptional clearances comprised approximately 10 percent of US homi- cide clearances among those agencies (Jarvis & Regoeczi, 2009). A similar per- centage was found in Chicago (Riedel & Boulahanis, 2007). TRENDS IN HOMICIDE CLEARANCES OVER TIME One very puzzling yet little discussed trend concerns the dramatic decline in the percent of US homicides cleared today compared to the early 1960s. In 1961, Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. Solving Homicides 123 93 percent of homicides resulted in the arrest of a suspect; by 2016 this percent had dropped to 59.4. The dramatic decline in homicide clearances is surprising given other changes occurring during this same period, which may have been expected to help, not hinder, the ability of police to solve cases. These changes include the movement toward community policing (one of the goals of which was to improve police–community relations) and improved technology for scientific investigations. The significant drop in the percent of murders resulting in the arrest of a sus- pect is clearly evident from Fig. 1. Much of the theorizing surrounding declining clearance rates has focused exclusively on the crime of murder. However, efforts to explain the downward trend in homicide clearances must recognize that declin- ing clearance rates are not limited to murder. Clearance rates have also declined for other serious violent crimes such as rape, aggravated assault, and robbery during this same time period (Jarvis, Mancik, & Regoeczi, 2017; Riedel, 1995), suggesting the increasing challenges facing law enforcement in solving crimes are not restricted to murder investigations. However, some have argued that murder clearances represent a unique form of violence in the sense the victim typically cannot supply information about the crime (Riedel & Rinehart, 1996). Furthermore, much of the theorizing concerning the drop in murder clearance rates has focused exclusively on the United States. However, efforts to explain declining murder clearances would benefit from the recognition that murder clearance rates have fallen in other countries as well, including Canada. Changes in the Nature of Homicide One of the most commonly cited explanations for declining homicide clearances in the United States points to a change in the nature of homicide. Specifically, the decline in recent decades in the proportion of homicides involving intimates Copyright © 2018. Emerald Publishing Limited. All rights reserved. Fig. 1. Murder Clearance Rates in the United States, 1960–2016. Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. 124 WENDY C. REGOECZI and family members (which pose fewer obstacles to clearing the case) may explain the corresponding decline in homicide clearances (Corwin, 1997; Riedel & Jarvis, 1998). This explanation is difficult to assess empirically, however, due to the dif- ficulty posed by the increasingly large category of “unknown” victim/offender relationships in homicide cases. It could perhaps be indirectly tested by examining trends in felony-related homicides over time (i.e., those homicides committed dur- ing the commission of other crimes such as robberies and burglaries), since these infrequently involve intimates and family members (and thus may act as a proxy for types of homicides, which would be more difficult to clear). However, given the lack of availability of information on the circumstances surrounding the homicide prior to 1976, as well as significant reservations regarding the validity of the cod- ing of the circumstance variable in the Supplementary Homicide Reports (SHR) (see Maxfield, 1988), a more straightforward approach is to compare murder arrest clearance rates with robbery rates obtained from the Uniform Crime Reports. Fig. 2 shows a clear connection between murder clearance rates and robbery rates. Murder clearance rates were high in the early 1960s, a time when robbery rates were in the low 50s per 100,000 population. By the time the murder clear- ance rate had dropped to approximately 88 percent in 1967, the robbery rate had exceeded 100 and was more than double the 1960 rate. Not until the 1990s does this pattern begin to change; in the early 1990s the robbery rate begins a dramatic decline, while murder clearance rates begin to level off. Generally, however, these patterns support the argument that a shift in the nature of homicide toward more felony-related killings that pose greater obstacles to solving the case contributed to reduced murder clearances. Another potential change in the nature of homicide concerns shifts in the prevalence of child homicide victims over time. Research on homicide clearance Copyright © 2018. Emerald Publishing Limited. All rights reserved. Fig. 2. Murder Clearance and Robbery Rates for US Cities, 1960–2000. Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. Solving Homicides 125 consistently finds a higher likelihood of clearing homicides for cases involving child victims. If the proportion of murders involving child victims has declined over time, clearance rates may subsequently decrease due to smaller proportion of cases, which are most likely to result in arrest. Fig. 3 compares changes in murder clearance rates to changes in the percent of murder victims under 10 years of age (obtained from the Supplementary Homicide Reports). As with murder clearance rates, the proportion of young murder victims declines for most years between 1962 and 1980, suggesting the initial drop in murder clearance rates may be attributable, at least in part, to a shift in the nature of homicide toward older victims, who would be more likely to be killed by a stranger than victims under 10 years of age. Police Resources Given the importance of arrest clearances as a measure of police effectiveness at the individual or departmental level (Cordner, 1989; Corwin, 1997; Riedel & Jarvis, 1998; Waegel, 1981), it is difficult to imagine the dramatic decline in arrest clearances for the most serious and publicly scrutinized offense is the result of a declining interest or motivation to solve these cases on the part of homicide detectives. However, a decline in police resources could increase the obstacles faced by homicide investigators. Heavier caseloads can also affect the quality of investigations (Corwin, 1997). Unfortunately, we lack any reliable annual data on police resources to assess the validity of this explanation. Declining Trust in the Police Violence can function as a dispute resolution mechanism. Where individuals feel the law is unavailable to them, or lack faith in the criminal justice system to resolve Copyright © 2018. Emerald Publishing Limited. All rights reserved. Fig. 3. Percent of Murders Cleared and Percent of Homicides Involving Children in the United States, 1960–2000. Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. 126 WENDY C. REGOECZI their problems, they may resort to committing violence against those they perceive have wronged them (Anderson, 1999). In this respect, violence functions as a form of self-help (Black, 1983; Cooney, 1997). A number of studies provide evidence supporting this view (see, e.g., Anderson, 1999; Cooney, 1997; Lundsgaarde, 1977). What compels individuals to take the law into their own hands may also affect their willingness to cooperate with legal officials. In other words, their rejection of the law can be seen in both their unwillingness to invoke the law in settling their own disputes and to provide knowledge of others operating outside of the law. As LaFree (1998, p. 80) argues, “when members of a society begin to doubt the fair- ness of their political institutions, even if they do not themselves violate laws, they become less enthusiastic agents for the social control of others.” Leovy and Smith (1994) report that, “occasionally [investigators] are told flatly: Forget it. We will take our own revenge.” The lack of arrests in many homicide cases further undermines trust, which further increases reliance on street justice, creating a vicious circle. Puckett and Lundman (2003) argue that the lack of trust in the police in African American communities results in less cooperation and information dur- ing homicide investigations (see also Corwin, 1997). In contrast, the high levels of public trust characteristic of Japan appear to be linked to the high levels of public cooperation with police and consequently high clearance rates (LaFree, 1998). Because levels of trust in the police in the United States may fluctuate consider- ably over time, a deterioration in police–community relations in recent decades, especially within minority communities, may be a major contributor to declining clearance rates. Ousey and Lee (2010) explore variations within cities in homicide clear- ance rates over the 20-year period between 1980 and 2000. Their findings sup- port the notion that changes in the nature of homicides explain why homicide clearance rates have declined. In particular, they find some support for the idea homicide clearance rates drop where homicides involving firearms and strangers become more prevalent and where argument-driven homicides become less preva- lent. Increases in drug markets were associated with higher homicide clearance rates while increased immigration was associated with lower clearance rates. Copyright © 2018. Emerald Publishing Limited. All rights reserved. PATTERNS IN CLEARING HOMICIDE CASES What types of homicides are most likely to result in the arrest of a suspect and which are most likely to remain unsolved? There are a number of different factors that have been examined, which could influence the likelihood a case will be solved. These can be grouped into the following categories: characteristics of the victim, the incident, the investigators, and the investigation. What we know about how these various types of characteristics influence homicide clearances is described below. Victim Characteristics Previous research has examined several characteristics of homicide victims to assess their association with homicide clearance. These characteristics include the victim’s age, gender, and race. One of the more consistent findings in the Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. Solving Homicides 127 literature on homicide clearances is the high likelihood of clearing cases involv- ing child victims, and the greater difficulty of clearing cases involving the elderly (Addington, 2006; Cardarelli & Cavanagh, 1992; Puckett & Lundman, 2003; Regoeczi, Kennedy, & Silverman, 2000; Riedel & Rinehart, 1996). Both of these patterns are explained best with respect to the victim/offender relationships and circumstances surrounding homicides of children and the elderly. Children are most often killed by parents or other family members. These homicides are fre- quently the outcome of a pattern of physical abuse gone too far, the inability of caregivers to cope with the stress of parenting, or Shaken Baby Syndrome (Christoffel, 1984; Kajese et al., 2011; Smithey, 1998). Furthermore, young chil- dren are frequently under the surveillance of caregivers, reducing their likelihood of being killed by a stranger (Cardarelli & Cavanagh, 1992). Thus, these cases tend to be more easily solved. In contrast, elderly persons are disproportionately involved in robbery-related homicides and killed by strangers (Abrams, Leon, Tardiff, Marzuk, & Sutherland, 2007; Block, 1987; Copeland, 1986; Falzon & Davis, 1998; Fox & Levin, 1991; Kennedy & Silverman, 1990; Nelson & Huff- Corzine, 1998; Titterington & Reyes, 2010; Weaver, Martin, & Petee, 2004), which reduces the likelihood the case will be cleared. No clear patterns exist with respect to whether homicide cases involving female or male victims are more likely to be solved. A couple of studies report a higher likelihood of clearance for female victim cases (McEwen & Regoeczi, 2015; Regoeczi et al., 2000) while others find no gender differences (Addington, 2006; Mouzos & Muller, 2001) or a greater likelihood of clearance for male vic- tims (Litwin & Xu, 2007). These mixed findings are somewhat surprising given women have a greater likelihood of being killed by an intimate partner and inti- mate partner homicides are generally more easily solved. However, women are also more likely to be victims than men in some other types of homicides that are generally difficult to solve, such as killings occurring during the commission of a rape (FBI, 2009). The findings with respect to whether the victim’s race impacts the likelihood the case will be solved are mixed. Some research finds cases involving non-White victims are more likely to be solved (Mouzos & Muller, 2001; Regoeczi et al., Copyright © 2018. Emerald Publishing Limited. All rights reserved. 2000), while other studies find the opposite (Litwin & Xu, 2007; McEwen & Regoeczi, 2015; Petersen, 2017). The handful of studies examining victim ethnic- ity find cases involving Hispanic victims are less likely to be cleared (Alderden & Lavery, 2007; Litwin, 2004; Roberts & Lyons, 2011). Incident Characteristics Several characteristics of homicide incidents have been linked to the likelihood of solving the case. These incident characteristics include the circumstances surrounding the homicide, weapon use, location, and time of the homicide’s occurrence. A number of studies report felony-related homicides such as those committed during the course of a robbery or rape are more difficult to solve than homicides resulting from other circumstances (Cardarelli & Cavanagh, 1992; Lee, 2005; Litwin, 2004; Mouzos & Muller, 2001; Petersen, 2017; Regoeczi et al., 2000; Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. 128 WENDY C. REGOECZI Riedel & Rinehart, 1996; Rinehart, 1994; Roberts, 2007). Robbery and rape offenses, which have the potential to produce lethal outcomes, are characteristi- cally hit-and-run in nature and therefore are less likely to produce on-scene arrests (Black, 1970). They are also more likely to involve strangers, making it more dif- ficult to identify the perpetrator. Drug- and gang-related homicides also generally have lower clearance rates (Jiao, 2007; Lee, 2005; Pastia, Davies, & Wu, 2017). In contrast, more expressive, argument-driven homicides are more likely to occur among individuals known to one another. Homicides involving firearms are generally less likely to be cleared (Litwin, 2004; Litwin & Xu, 2007; Mouzos & Muller, 2001; Regoeczi et al., 2000; Rinehart, 1994; Rydberg & Pizarro, 2014). In contrast, killings committed with weapons that bring the victim and offender into contact with each other (such as fists, knives, or blunt instruments) increase the likelihood of clearing the case, possibly by making the transference of evidence between them more likely (Addington, 2006; Mouzos & Muller, 2001; Puckett & Lundman, 2003; Roberts, 2007). Among the more consistent findings concerning homicide clearance is the greater likelihood of clearance for cases occurring in homes (Addington, 2006; Litwin & Xu, 2007; Mouzos & Muller, 2001; Wellford & Cronin, 1999). There are several possible explanations for this pattern. One is that homicides occur- ring within residences are more likely to occur between intimate partners, other family members, and individuals known to one another more generally, mak- ing it easier to identify the perpetrator. Second, forensic evidence is likely to be better preserved when the incident occurs in a residence than outdoors where it may become contaminated by weather, people, etc. (Addington, 2006; Regoeczi, Jarvis, & Riedel, 2008). The impact of time of day on homicide clearance has rarely been examined. The two studies located which included measures of time did not find a significant effect (Puckett & Lundman, 2003; Roberts, 2007). This is surprising given one might expect homicides occurring in the late evening and early morning hours to take longer to clear due to delays in interviewing witnesses, collecting and pro- cessing physical evidence, and publicizing calls for assistance through the media that can occur when someone is killed in the middle of the night. Copyright © 2018. Emerald Publishing Limited. All rights reserved. Investigators’ Work Context Far fewer studies have examined characteristics of homicide investigators’ work context to assess their impact on the likelihood of solving cases. Accessing this type of information requires cooperation from individual law enforcement agen- cies, which can be difficult to obtain, and researchers must collect it by hand as it is not routinely collected by the agencies themselves. The handful of studies to do this have generally focused on the work context characteristics of manpower and case volume. All else being equal, one might expect having a larger number of detectives devoted to investigating a homicide case would make it more likely the case would be solved. Consequently, it is somewhat surprising that the findings with respect to the influence of manpower on solving homicides are mixed. Wellford and Cronin (1999) Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. Solving Homicides 129 found a case is more likely to be solved if 3, 4, or 11 detectives were assigned to the case, compared to just 1 detective. In contrast, Rinehart’s study (1994) finds detec- tive manpower levels did not influence murder clearances in Chicago. It seems logical to expect that when detectives have large volumes of cases to investigate they will become spread too thin and not able to devote sufficient time to every case they have been assigned. However, based on the handful of studies examining this work context characteristic it is not clear whether having a larger volume of cases to investigate is a major obstacle for detectives trying to solve homicides. One the one hand, a study by Rand found having detectives work on larger numbers of cases is associated with reduced clearance (Greenwood, Chaiken, & Petersilia, 1977). Rinehart’s study (1994) of Chicago, in contrast, found workload did not affect the likelihood of murders being cleared. The num- ber of homicides per sworn officer was not a significant predictor of homicide clearances in Los Angeles County (Petersen, 2017). A more indirect way of assessing the impact of large volumes of cases on the abil- ity of law enforcement to clear them is to examine the relationship between clear- ance rates and homicide rates across geographical areas. In comparing homicide rates to clearance rates, Borg and Parker (2001) found cities with higher homicide rates had lower clearance rates. However, two other studies found no associa- tion between homicide rates and murder clearance rates (Litwin, 2004; Puckett & Lundman, 2003). Thus, the relationship between case volume and clearances remains uncertain. A better test of the potential importance of workload may be to examine changes in case volume over time within one or more departments and assess its impact on the ability of detectives to effectively investigate cases. The Homicide Investigation The process of the investigation itself has received the least attention in terms of how it influences the solvability of cases. This is most likely due to the necessity of having a high level of detail about a case in order to examine these aspects. A handful of studies have examined the impact of specific investigative pro- cesses on the likelihood of clearing homicide cases. In their study of Manhattan Copyright © 2018. Emerald Publishing Limited. All rights reserved. homicides, Schroeder and White (2009) found very large effects on clearance of detectives producing new leads through follow-ups on witness information and running computer checks on suspects (odds ratios = 60.7 and 33.9, respectively). Detectives running computer checks on witnesses and being present at postmor- tem examinations were negatively associated with case clearance. A relatively new area of research in homicide investigations concerns the role and use of forensic evidence. Although we often talk of the general category of forensic evidence, there are actually a number of different types of evidence that fall within it (Table 1). National and regional databases exist for several types of forensic evidence against which evidence in individual homicide cases can be compared. For example, the FBI’s Combined DNA Index System program (CODIS) includes a National DNA Index System (NDIS) that contains DNA profiles provided by federal, state, and local forensic labs (FBI). A DNA profile from a homicide Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. 130 WENDY C. REGOECZI Table 1. Types of Forensic Evidence Collected in Homicide Investigations. Evidence Type Description DNA Evidence The two most common types of DNA evidence are blood and saliva. Blood evidence comes in the form of wet blood (e.g., a tube of blood from an autopsy) or swabs of bloodstains collected at crime scenes. Buccal swabs are usually collected from a victim or suspect. Other types of biological evidence include seminal stains, and urine. In each case, the aim is to provide sufficient samples of biological evidence to allow DNA profiling. Weapons/Firearms Weapons evidence consists of firearms (handguns, rifles, assault weapons, etc.), ammunition (e.g., spent casings, fired projectiles, bullet fragments, and unfired bullets), gunshot residue tests, and knives. Gunshot residue tests are used to determine whether an individual was close to a firearm at the time the firearm was discharged. Fingerprints Fingerprint evidence includes complete sets of prints (such as when fingerprints are available for both hands and palms where a victim or suspect has been fingerprinted) and latent prints (where only partial prints of one or more fingers are available, usually through a powdering technique on physical evidence such as a weapon or vehicle). Drugs Drug evidence includes drugs (e.g., marijuana, cocaine, methamphetamine etc.), and drug paraphernalia (pipes, spoons, etc.) found at a crime scene. Impressions Impressions evidence includes shoeprint impressions, tire tracks, and tool marks. Trace Trace evidence is a generic term for small, sometimes microscopic, material. It covers a wide variety of evidence, including fibers, hair, building materials (asbestos, paint, etc.), cigarettes, tobacco, glass, and others. Natural and Natural and synthetic materials include clothing, bed and bath material, Synthetic Materials carpet cuttings, metal objects, plastic, and paper. Electronic Electronic and printed materials can include anything from documents to and Printed Materials various forms of electronics such as computers and cell phones. Source: Adapted from McEwen and Regoeczi (2010). investigation can be compared against the DNA records contained in NDIS to Copyright © 2018. Emerald Publishing Limited. All rights reserved. identify a previously unknown perpetrator. As with DNA, digital images of fingerprints taken from vehicles, weapons, and other objects at the crime scene can be compared with fingerprints in a national database in the hopes of discovering the identity of a homicide suspect. The FBI provides a national database of fingerprints, criminal histories, head shots, photos of tattoos, and descriptions of physical characteristics through their Integrated Automated Fingerprint Identification System (AFIS). Fingerprints and criminal histories are submitted by local, state, and federal law enforcement agencies for inclusion in the database (FBI, N.D.). The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) maintains a national database containing ballistics information. The program, known as the National Integrated Ballistic Information Network (NIBIN), was originally established in 1999. The program works through the establishment of NIBIN partners, which can be a federal, state, or local law enforcement agency, forensic science agencies, or attorney agencies. According the ATF (2012): Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. Solving Homicides 131 Partners use Integrated Ballistic Identification Systems (IBIS) to acquire digital images of the markings made on fired ammunition recovered from a crime scene or a crime gun test fire and then compare those images (in a matter of hours) against earlier NIBIN entries via electronic image comparison. If a high-confidence candidate for a match emerges, firearms examiners compare the original evidence with a microscope to confirm the match or NIBIN “hit.” A hit is a linkage of two different crime scene investigations by NIBIN participants where previously there had been no known connection between the investigations. A hit is a linkage between cases, not individual pieces of evidence. The program assists in identifying links between violent crimes committed with firearms. An evaluation of the use of NIBIN across 150 sites reveals that while the program has generated a very large number of hits (more than 50,000), they were seldom used to identify unknown suspects and infrequently contributed to suspect arrests (King, Wells, Katz, Maguire, & Frank, 2013). According to the small number of studies examining the impact of forensic evidence on investigations, forensic evidence is collected in a majority of homi- cide cases (McEwen, 2010). In their exploration of the use of DNA evidence by homicide detectives in the New York City Police Department from 1996 to 2003, Schroeder and White (2009) report that the detectives rarely used DNA evidence. Further, they did not find a relationship between DNA evidence and whether the case was cleared. They concluded that investigators used DNA only as a final option, after other investigative measures had been exhausted. However, research by McEwen (2010) indicates the bulk of testing of forensic evidence in homicide cases solved by arrest occurs after the arrest has taken place. In other words, forensic evidence seems to play a bigger role in assisting police and prosecutors with building their cases than in identifying the suspect in the first place. In cases where the investigation has stalled, matches of DNA or fingerprints through the CODIS or AFIS have been shown to be important in rejuvenating the investigation (McEwen, 2010). An examination of the impact of forensic evidence in homicide investigations and prosecutions in Cleveland, Ohio, found the collection of knives, gunshot resi- due kits, and clothing at the scene increased the odds of clearance, while DNA and ballistics evidence were associated with lower clearance rates (McEwen & Copyright © 2018. Emerald Publishing Limited. All rights reserved. Regoeczi, 2015). In the bulk of cases, probative results were obtained after the suspect’s arrest. Cases with probative results from forensic analysis resulted in more severe charges against defendants, a greater likelihood of trials, and higher conviction rates. A National Institute of Justice study on the impacts of forensic evidence on the investigations and prosecutions of five major offenses including homicide reported no effect of the collection of evidence at homicide scenes or the exami- nation of evidence by the crime laboratory on arrests, referrals to prosecutors, or convictions (Peterson, Sommers, Baskin, & Johnson, 2010). The collection of evi- dence (but not its examination) was related to the likelihood of pressing charges. Forensic analysis linking the defendant to the crime resulted in longer sentences. The community context in which homicide investigations take place may also have a significant impact on investigation outcomes. Eye witnesses are present for a significant number of homicides (McEwen, 2009; Regoeczi & Jarvis, 2013) and the presence and/or number of eyewitnesses significantly increase the likelihood Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. 132 WENDY C. REGOECZI of clearing homicides (McEwen & Regoeczi, 2015). Residents may also be privy to information about the murder through informal neighborhood networks. The cooperation of community residents is critical to the success of many homicide investigations. Whether or not they are willing to cooperate with police in their search for suspects may be influenced by a variety of factors. Recent research on homicide investigations in Cleveland neighborhoods reveals the success of investi- gations is influenced by views of street justice and self-help as well as fear of retali- ation (Regoeczi & Jarvis, 2013). This same study also found that while the presence of third party witnesses in general increased the likelihood of clearing the case, this varied by neighborhood. For example, having witnesses to the homicide was less helpful in solving the case if the homicide occurred in a disadvantaged neighbor- hood (i.e., high levels of poverty, unemployment, and female-headed households with children). In Los Angeles County, California, Petersen (2017) finds homicides are less likely to be cleared in areas with larger Black and Latino populations, but more likely to be cleared in neighborhoods with greater concentrated disadvan- tage. At the city level, Graham and Ousey (2010) report that cities experiencing increased income, employment, and education boast increased clearance rates. GENERAL EXPLANATIONS Why would some types of homicides be more likely to be solved than others? Although some specific explanations exist for the influence of particular victim, incident, and investigative factors on homicide clearance, three general theoretical explanations have been applied to understanding patterns of homicide clearance. The Behavior of Law Donald Black’s work (1976, 1980) on the law and policing has been used to explain why demographic characteristics like victim race, age, and gender would impact the likelihood of an arrest in a homicide (e.g., Litwin, 2004). According to this perspective, minority victims have lower clearance rates as a result of victim Copyright © 2018. Emerald Publishing Limited. All rights reserved. devaluing where police give less attention and effort to solving these crimes. In terms of homicide clearance, this is often expressed as victims from lower social strata receive less law (less clearances) than that of higher social strata (see Borg & Parker, 2001). Of the three general explanations for differences in homicide clearance, this victim devaluation perspective has received the least support. In fact, the only victim characteristic that has been shown to influence the solvability of the case across a number of studies is victim age. As discussed previously, this finding is most easily explained by the nature of child homicides and is opposite to what Black’s theory would predict. Legal Factors and Seriousness of the Crime Given the serious nature of the crime and the public attention it receives, an alter- native view is that all homicides receive a thorough investigation, regardless of the Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. Solving Homicides 133 individual views of particular investigators (Klinger, 1997; Puckett & Lundman, 2003). According to this perspective, it is the nature of the homicide itself that makes it more or less likely to lead to the identification and arrest of a suspect. For example, one of the most consistent findings in this literature is that homi- cides committed during the course of another felony are much less likely to be solved. This is likely due to the greater involvement of strangers in felony homi- cides, making it harder to identify a suspect. The high solve rate for cases involv- ing child victims almost certainly reflects the fact that children are most often killed by a parent or other relative, thus increasing the chances the police will identify the perpetrator. The consistent findings in the literature regarding the impacts of the homicide location, weapon, and circumstances lend significant support to this explanation. Social Disorganization and Community Factors In their study of urban communities, Shaw and McKay’s (1942) find high levels of residential instability and poverty result in socially disorganized communi- ties, in turn generating high rates of juvenile delinquency. More recent versions of the theory elucidate the processes intervening between structural factors and crime rates, emphasizing the ways in which such neighborhood conditions may weaken social institutions, collective efficacy, and the power of residents to exer- cise informal social control by regulating the behavior of individuals in the neigh- borhood (e.g., Bursik & Grasmick, 1993; Sampson & Groves, 1989; Sampson, Raudenbush, & Earls, 1997; Warner, 2007). These same neighborhood conditions that produce high volumes of criminal activity may also hinder suspect identification, apprehension, and prosecution. Lethal violence in communities lacking traditional informal social control mech- anisms including parents, neighbors, and community leaders and where residents do not feel invested in the neighborhood may impede the successful apprehension and conviction of homicide suspects. High levels of residential instability and mobility can reduce the likelihood that residents will know the identity of resi- dents involved in lethal violence in their communities. Low commitment to the Copyright © 2018. Emerald Publishing Limited. All rights reserved. neighborhood and a lack of motivation to intercede to control residents’ behavior in the neighborhood can, in turn, lead to greater unwillingness to invest time and risk safety to cooperate with police conducting investigations. Neighborhood dis- advantage can obstruct the formation of constructive relationships with external agencies including law enforcement, in turn reducing confidence in police integrity (Sampson & Jeglum-Bartusch, 1998; Warner, 2007). Residents’ lack of faith in the police can encourage them to seek informal means of conflict resolution instead of requesting assistance from formal authorities (Anderson, 1999; Cooney, 2009; Kubrin & Weitzer, 2003). Fear of retaliation may also discourage residents from becoming involved with police investigations. Even among residents who might otherwise wish to cooperate with police and want to see the offender brought to justice, fear of harm from the suspect or the suspect’s family and friends for shar- ing information with law enforcement may keep them from doing so. This is most likely in cases of violence stemming from drugs and/or gangs (Anderson, 1999). Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. 134 WENDY C. REGOECZI IDENTIFYING BEST PRACTICES IN HOMICIDE INVESTIGATIONS Even among large urban departments, clearance rates for homicides vary consid- erably. Some cities maintain high success rates in solving homicides. Philadelphia, for example, routinely boasts a clearance rate above 80 percent. Other cities con- stantly struggle to solve homicides. Boston, for example, had a clearance rate of 43 percent in 2012 (Carroll, 2013). The variation among law enforcement agen- cies, as well as fluctuations in clearance rates within individual agencies over time, points to the importance of developing best practices for law enforcement agen- cies conducting homicide investigations. Several prior studies on homicide clearances offer suggestions on how to solve more cases. Wellford and Cronin’s study on homicide clearances in four cities, for example, generated a series of recommendations on how police could improve clear- ance rates, including having patrol officers provide swift notification to the homicide unit, medical examiner, and crime lab, having patrol officers try to identify and locate witnesses while also securing the scene, assigning at least three detectives per case, and reducing the time to arrival of detectives at homicide scenes (Wellford & Cronin, 2000). In his study of 55 homicide units across the United States, Keel (2008) con- cluded that successful homicide units will include computerized case management systems, accessibility to overtime as needed, case review by all involved personnel within the first 24 to 48 hours of the incident, and avoiding a rotation policy for homicide detectives. Carter and Carter (2016) studied homicide investigation prac- tices in seven cities with clearance rates of 80 percent or more and concluded that effective strategies include analytic-based scheduling of investigators, identifying and taking statements from witnesses at the immediate crime scene, patrol officer training on the use of identifying, detaining, and conducting preliminary interviews with potential suspects and witnesses, ready availability of trained and equipped crime scene investigators, collaboration with other specialized investigative units, collaboration with external agencies, the use of a dedicated analyst to support the investigation, strong police–community relations, and readily available investigative tools such as laptops, cameras, digital records, and departmental take-home cars. Copyright © 2018. Emerald Publishing Limited. All rights reserved. The Bureau of Justice Assistance recently published guidelines for law enforce- ment administrators with respect to improving homicide closure rates (Carter, 2013). One of the most critical findings concern the importance of community trust and creating a solid foundation of cooperation and information sharing with other law enforcement agencies for producing successful homicide investigations. The companion document, 10 Things Law Enforcement Executives Can Do to Positively Impact Homicide Investigation Outcomes, provides recommendations aimed at high level administrators that include providing the needed support and resources for the homicide unit to successfully investigate cases and considering alternative measures of success beyond clearance rates (Bureau of Justice Assistance, 2013). CONCLUSION The dramatic decline in homicide clearances since the 1960s is most likely due to changes in the nature of homicide over time and declining police–community relations. Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. Solving Homicides 135 The most consistent findings in the existing research on homicide clearance patterns are the greater likelihood of clearance in homicides involving young children, contact weapons, residential locations, and those not occurring in the course of another crime. Explanations relying on notions of victim devaluing generate the least support. There is considerable support for the legal factors approach and community-level explana- tions show promise. The findings regarding the role of forensic evidence are mixed. While our understanding of homicide investigations and solvability has grown significantly as a result of the studies conducted over the past several decades, addi- tional research is needed. But much of what remains to be learned cannot happen through additional analyses of national public databases like the Supplementary Homicide Reports and the NIBRS. Research involving intensive original data col- lection of detailed information on case investigations will be necessary to further fill the gaps in our knowledge with respect to departmental, investigator, forensic evidence, and investigative process variables on homicide clearances. Geocoded data will also be important for exploring the influence of community character- istics on homicide solvability. Further research is needed on the role of forensic science generally, and DNA specifically, on homicide investigations and prosecu- tions. The contributions of future research will depend on the ability of research- ers to foster relationships with police departments in order to gain access to the data necessary to explore these more detailed aspects of homicide investigations. REFERENCES Abrams, R. C., Leon, A. C., Tardiff, K., Marzuk, P. M., & Sutherland, K. (2007). “Gray murder”: Characteristics of elderly compared with nonelderly homicide victims in New York City. American Journal of Public Health, 97, 1666–1670. Addington, L. (2006). Using National Incident-Based Reporting System murder data to evaluate clear- ance predictors: A research note. Homicide Studies, 10, 140–152. Alderden, M. A., & Lavery, T. A. (2007). Predicting homicide clearances in Chicago: Investigating dis- parities in predictors across different types of homicide. Homicide Studies, 11, 115–132. Anderson, E. (1999). The code of the streets: Decency, violence, and the moral life of the inner city. New York, NW: W. W. Norton. Black, D. J. (1970). Production of crime rates. American Sociological Review, 35, 733–748. Copyright © 2018. Emerald Publishing Limited. All rights reserved. Black, D. J. (1976). The behavior of law. New York, NY: Academic Press. Black, D. J. (1980). The manners and customs of the police. New York, NY: Academic Press. Black, D. J. (1983). Crime as social control. American Sociological Review, 48, 34–45. Block, C. R. (1987). Homicide in Chicago: Aggregate and time series perspectives on victim, offender and circumstance. Chicago, IL: Center for Urban Policy, Loyola University Chicago. Borg, M. J., & Parker, K. F. (2001). Mobilizing law in urban areas: The social structure of homicide clearance rates. Law and Society Review, 35(2), 435–466. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). (2012). Fact sheet: National Integrated Ballistic Information Network (NIBIN). Washington, DC: ATF Public Affairs Division. Bureau of Justice Assistance. (2013). 10 Things law enforcement executives can do to positively impact homicide investigations. Washington, DC: U.S. Department of Justice. Bursik, R. J., Jr, & Grasmick, H. G. (1993). Neighborhoods and crime. New York, NY: Lexington Books. Cardarelli, A. P., & Cavanagh, D. (1992). Uncleared homicides in the United States: An exploratory study of trends and patterns. Paper presented at the annual meeting of the American Society of Criminology, New Orleans, LA. Carroll, M. (2013, January 1). Homicides decrease in Boston for third straight year. The Boston Globe. Retrieved from http://www.bostonglobe.com/metro/2013/01/01/homicides-track-fall-boston-for- third-straight-year/KKOmMsHDQcyS89vrBGtVUO/story.html Homicide and Violent Crime, edited by Mathieu Deflem, Emerald Publishing Limited, 2018. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/ntuuk/detail.action?docID=5491892. Created from ntuuk on 2024-07-16 15:04:54. 136 WENDY C. REGOECZI Carter, D. (2013). Homicide process mapping: Best practices for increasing homicide clearances. Washington, DC: U.S. Department of Justice, Bureau of Justice Assistance. Carter, D. L., & Carter, J. G. (2016). Effective police homicide investigations: Evidence from seven cities with high clearance rates. Homicide Studies, 20, 150–176. Christoffel, K. K. (1984). Homicide in childhood: A public health problem in need of attention. American Journal of Public Health, 74, 68–70. Cooney, M. (1997). The decline of elite homicide. Criminology, 35, 381–407. Cooney, M. (2009). Is killing wrong. Charlottesville, VA: University of Virginia Press. Copeland, A. R. (1986). Homicide among the elderly: The Metro Dade county experience, 1979–1983. Medical Science Law, 26, 259–262. Cordner, G. W. (1989). Police agency size and investigative effectiveness. Journal of Criminal Justice, 17, 145–155. Corwin, M. (1997). The killing season: A summer inside an LAPD homicide division. New York, NY: Fawcett Crest. Falzon, A. L., & Davis, G. G. (1998). A 15 year retrospec

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