SPECIALIZED

CRIME
INVESTIGATION 1
WITH LEGAL
MEDICINE CDI 22
 CHAPTER 2 METHODS AND TECHNIQUES IN
THE INVESTIGATION OF SPECIAL CASES

Course Objectives/Outcomes
Upon passing the course, you must be able to:
• 1. Determine the elements of special crimes
• 2. Interpret the provisions of special crimes
• 3. Establish appropriate findings in the investigation of special crimes
• 4. Select the appropriate findings according to the standard investigation
• procedures
• 5. Apply the appropriate findings in the investigation of special crimes
 Definition of Homicide

• 1. Homicide is the unlawful

killing of any person, which is
neither parricide, murder, nor
infanticide (Reyes, 2012 p.
503).
2. Homicide is the killing of one
human being by another. All
homicides are not criminal: they
may also be justifiable or
excusable. (Self inflicted death is
treated by the police as homicide
until it can be established as
suicide.)
3. Justifiable homicide involves
the intentional but lawful killing
of another.
Ex:
 when a police officer kills a bank
robber who shoots at the officer while
attempting to escape;
 when an individual, believing his or
her life is being threatened with a
 Common circumstances of
JUSTIFIABLE CIRCUMSTANCE
1.Self Defense
2.Defense of Others
3.Lawful Defense of Property
4.Performance of Duty
 JUSTIFYING CIRCUMSTANCES
Article 11 of the RPC Book 1
1.Self Defense
2.Defense of Relative
3.Defense of Stranger
4.Fulfilment of Duty
5.Obedience to an Order of a Superior
4. Excusable homicide involves
one person killing another by
accident without gross
negligence and without intent to
injure;
Ex:
 the hunter who honestly mistakes
another person for game.
Ex:
 around 2 a.m. a police officer pursues
a suspected burglar fleeing down a
dead-end alley. He orders the suspect
to halt, put up his hands, and not
move; instead, the suspect turns
around. The officer, observing a shiny
object in the suspect’s hand and
believing it to be a weapon, fires and
kills the suspect.
6. Criminal homicide is the
unlawful taking of a human
life. There are two kinds of
criminal homicide: murder
and manslaughter.
7. Murder is the unlawful
killing of another human
being with malice
aforethought (premeditation).
7. Murder Killing a person
during the commission of a
felony also constitutes
murder—even when the
killing is unintentional.
8. Manslaughter is the
unlawful killing of another
without intent— expressed or
implied—to effect death
(Osterburg and Ward, 2010
p.338).
 Corpus Delicti
• The corpus delicti is the
collection of basic facts
establishing that a crime has
been committed and that some
person is responsible.
 two elements of corpus
delicti
1. A certain consequence, or injury,
has occurred
2. The consequence, or injury, is a
result of a person's intentional,
unlawful act.
 The elements for
unlawful homicide are:
1. The death was not the result of
suicide, natural causes, or accident,
thus establishing that it was a
homicide.
 The elements for
unlawful homicide are:
2. Some person was responsible
for the unlawful death.
 The elements for
unlawful homicide are:
Note: there is an established
killing, unlawfulness, intent,
and Causation
Corpus delicti is the “body of the crime”
or the offense (People v. Strook, 347 lll. 170
n.e. 821). Strictly speaking, it means the
actual commission of the crime and
someone criminally responsible there
(People v. Stoll, 84 Cal App. 99, 257 Pac.
583 cited by Underhill, Criminal Evidence,
p. 34). It is the substance of the crime; the
fact that a crime has actually been
committed (Zabala v. People, G.R. No.
 Elements of the Crime of
Homicide
1. That a person was killed
2. That the accused killed him without any
justifying circumstances.
3. That the accused had the intention to
kill, which is presumed.
4. That the killing was not attended by any
qualifying circumstances of murder, or
by that of parricide or infanticide
 Categories of Modes of Death

1. Accidental Death
2. Natural Death
3. Suicide
4. Homicide
 Investigative Activities in
Homicide
1. Record crime scene (photographs,
sketches, notes).

2. Recognize, collect, and preserve all

physical evidence. To facilitate
reconstruction of the crime. To link a
suspect to the victim, crime scene, or both.
To identify a substance (poison, narcotic,
blood, semen), or an object (bludgeon, gun)
 Investigative Activities in Homicide
3. Identify the victim.
4. Establish the cause, manner, and time of
death.
5. Ascertain the motive for the crime. From
the way the crime was committed—using
evidence at the scene, and trauma inflicted
on the victim for psychological profiling.
From those who had knowledge of the
victim’s activities (social, familial,
 Investigative Activities in Homicide
6. Seek additional information. Interview
people to check on the background and
activities of the victim; obtain leads from
those who knew the deceased; seek a
possible informant; consider surveillance in
some cases.

7.Question suspects (after administering

Miranda warnings). Allow suspects to make
 Partitioning Responsibilities

1. Evidence Technician–
responsible for recording a
crime scene and recognizing
and preserving physical
evidence.
 Partitioning Responsibilities

2. Criminalist– usually at
work in the crime laboratory.
Identify evidence from the crime
scene (discover what it is and
what it is made of);
 Partitioning Responsibilities
3. Forensic Pathologist–
responsible for the recognition,
collection and preservation of the
crime scene; identification of the
victim; and establishment of the
cause and the manner of death.
 Partitioning Responsibilities
4. Forensic Anthropologist–
responsible for the recognition,
collection and preservation of
physical evidence; identification of
victim and recording the crime
scene.
 Partitioning Responsibilities
5. Investigator– responsible for
recording the crime scene; the
recognition, collection and
preservation of physical evidence;
development of authentic in
formation for the identification of
INDIVIDUA ACTIVITY/
L RESPONSIBILITY
Evidence • Recording crime scene
Technician • recognizing, collecting,
and preserving physical
evidence
Criminalist • usually at work in the
crime laboratory
• Identify evidence from
the crime scene (discover
what it is and what it is
INDIVIDUA ACTIVITY/
L RESPONSIBILITY
Forensic • identifying the victim
Pathologist • estimating the time of
death-
• establishing the cause
and manner of death
• Sometimes contributes to:
recognizing, collecting,
and preserving physical
evidence ascertaining the
INDIVIDUA ACTIVITY/
L RESPONSIBILITY
Forensic • recognizing, collecting,
Anthropologi and preserving physical
st evidence
• identifying the victim
• specialize in analyzing
hard tissues such as
bones.
 INDIVIDUA ACTIVITY/
L RESPONSIBILITY
Detective • ascertaining the motive for
(Investigator) the crime
• seeking additional
information
• questioning suspects
• Develops authentic
information for identifying
the victim
 Categorizing Motives
motive is an important
factor in pointing to
possible suspects in a
homicide.
 Motive vs, Intent
Motive deals with an
individual's underlying reasons
for committing a crime, whereas
Intent is concerned with their
willingness to carry out specific
actions related to the offense
 Categorizing Motives
1. Financial gain
2. Sexual gratification
3. Apparently sex-connected homicides
4. Emotional factors
5. Self-protection
6. Removal of an inconvenience or
impediment
7. Apparently motiveless crimes
8. “Thrill” killing
 Financial Gain
Killers prompted by the expectation
of financial gain include: the
beneficiary of a will or insurance
policy of a spouse or relative, the
surviving spouse in a community
property state, the merchant who
stands to profit from the death of a
 Sexual Gratification
The classic example of sex as
a motive for homicide is lust.
Ex: Wanting a new or younger
mate has led to the murder of
a spouse
Other ex: sexual assault,
voyeurism, prostitution
 Apparently Sex-Connected
Homicides
The psychological motivations for crimes of
this kind are quite different. The killing of
homosexuals and of young boys and girls
(particularly girls) by older men appears to be of
sexual origin. However, this is unlikely to aid in
the identification of a suspect unless the slayer’s
modus operandi is on record. Sadism
obtaining sexual satisfaction by inflicting pain on
others generally is not carried out to the point of
death, yet there are some who do cross the
 Emotional Factors
Strong emotions—anger, jealousy,
revenge, envy, hatred—can provoke a
person to commit manslaughter or
premeditated murder.
Ex: the lover or spouse caught in
flagrante delicto and killed in the heat
of passion. On the other hand, if the
aggrieved partner plans and carries out
 Self-Protection
Self-protection as a reason for
homicide should be recognized as a
feasibility in specific situations. One
example would be the criminal (caught
in the act of committing a crime) whose
escape is interrupted or hampered by
the victim. Another would be a murder
committed as a result of the realization
of the eventual danger that would be
 Interrupted Crimes
Home burglaries in particular are
sometimes interrupted by the
unforeseen return of the resident; if the
burglar’s escape is hampered, a
homicide can ensue. An important early
step in this kind of investigation would
be to trace the movements of the victim
just prior to the time of death.
 Eliminating an Eyewitness
The killing of an eyewitness (as a
secondary homicide) may immediately
follow a primary homicide. When
homicide-suicide has been ruled out,
the case is viewed as a dual criminal
homicide. The chance that one of the
victims was an eyewitness to the first
(primary) homicide should also be
 Slaying a Potential Informant
When the motive for a secondary homicide is the
silencing of a potential informant, it will have
investigative value only if some connection
existed between killer and secondary victim that
made the victim privy to the activities of the
killer. Because the secondary victim could have
incriminated only a limited number of individuals,
the investigator must discover who they might
be, and who among them had the opportunity (as
to time and place) to commit the secondary
homicide.
 Removal of an Inconvenience or
A blackmailer, an Impediment
unwanted child, a feeble parent
blocking the takeover of a family business—each
is an example of an obstacle to be removed. Once
an investigator perceives that the very existence
of the deceased was a major inconvenience or
impediment to another person, the prospects of
solving the homicide are enhanced. Records and
people are important sources of information in
such cases; they can support the hypothesis that
the removal of an obstacle was the motive.
 Apparently Motiveless Crimes
There are two distinct kinds of
homicide that appear motiveless or
senseless: those of stranger killing
stranger and those in which a person
other than the intended victim is killed.
 Stranger Killing Stranger
Although far less frequent than killings
involving friends or acquaintances, this
kind of homicide is on the increase in
the United States. The adolescent male
acting on a dare or the gang member
asserting manliness (machismo) shoots
to kill the first stranger he encounters.
Encountering the stranger isn’t always
necessary; such shootings come from
 “Thrill” Killing
The murder of vagrants, the homeless,
or other individuals based on their race
or ethnic background may be carried
out by perpetrators who describe their
action as being “for the fun of it.
 Mistaken Identity
Infrequently, a homicide will appear to
be without motive, and—after a
thorough check on the victim’s
background—quite senseless. Though
the time or site may suggest the killing
was intentional, no reason can be
found.
 Mistaken Identity
Ex: a businessman was shot upon emerging from his
apartment house at about 6:30 a.m., apparently by two
men who just before that were observed loitering
outside the building. The deceased’s business and social
background furnishing no possible motive, the case
remained unsolved. Several months later, in the vicinity
of the first homicide, another man was shot at the same
time of day as he emerged from a building bearing the
same house number but on a different street. When
apprehended and questioned, the perpetrators confessed
that they were hired killers. The first slaying had been a
case of mistaken identity; the second was committed to
rectify the mistake: this time they got both house and
 Determining Motive

Crime Scene. In addition to physical evidence,

there are other kinds of evidence from which
to surmise motive. As pointed out elsewhere in
the text, the experienced homicide detective
may be able to form a “crime picture” of the
offender based on familiarity with similar
crimes.
 Determining Motive

People. The most productive source

for determining motive is people—
family, friends, business associates, and
others who had more than a passing
acquaintance with the deceased.
 Determining Motive

Records. Records are also of help in

suggesting motive. Financial gain may
be indicated if a large insurance policy
was issued or a will changing
beneficiaries was signed just prior to
the homicide.
 Determining Motive

Records. Records might reveal a history of

“sharp” business practices or debt default, of
family quarrels or disturbances requiring police
response, or of filing for separation or divorce—
any of these can leave a paper trail to the
person motivated by anger, hatred, or the need
to retaliate.
 Crime Scene as Focus of the
Investigation
At the outset of the homicide investigation, the
crime scene is the center point around which
important questions revolve:
1. Is this an unlawful homicide?
2. Is this a homicide disguised as a suicide?
3. Who is the deceased?
4. What was the motive for the killing?
5. Is there physical evidence present that may
link the killer to the crime scene or the victim
or could be useful in reconstructing the crime?
6. What happened and/or how was the crime
 Is This an Unlawful Homicide?
One element of murder or manslaughter
that must be proved in court is whether the
death was a result of an action or an
omission that is neither excusable nor
justifiable. his task being the responsibility
of the medical examiner’s or coroner’s
office, the forensic pathologist provides
expert testimony on the cause and manner
of death. This matter is given more
extensive treatment in the next section,
 Who is the Deceased?
Victim identification is of singular
importance in homicide cases;
otherwise, the crime will rarely be
solved. The experience of numerous
investigators bears witness to this
assertion, for only after an
identification has been made can a
motive for the killing be established and
then utilized to generate potential
 What Was the Motive?
To be of investigative value, it is vital
that any psychological evidence
suggestive of the killer’s motive be
recognized at the crime scene and
interpreted. An informed effort to
estimate what kind of a person could
have committed the crime is called
psychological profiling.
 What Was the Motive?
Apt to be useful in homicides involving
sex, sadistic torture, disembowelment,
or genital mutilation, a psychological
profile may enable investigators to
choose among those likely suspects
whose aberrant behavior has been
noted in the community and who
appear capable of committing such a
crime.
 Is There Associative Evidence Present?
Evidence that can link the perpetrator
to the crime scene or victim is of two
kinds:
(1) evidence brought to and left (often
unintentionally) at the scene; and (2)
evidence taken deliberately or
accidentally from the scene. Examples
of the first kind are: fingerprints; spent
bullets and cartridge cases; and blood,
 What Was the Motive?
The sources of associative evidence
suggest what might be looked for at the
crime scene; they are:

a. Traces of the person. Finger and

palm prints Blood, semen, saliva, hair
Bare footprints Other skin patterns
such as ear prints and lip impressions
Teeth marks
 What Was the Motive?
The sources of associative evidence
suggest what might be looked for at the
crime scene; they are:

b. Traces of wearing apparel. Shoe

prints Weave pattern and stitching of
clothing and gloves Clothing
accessories
 What Was the Motive?
The sources of associative evidence
suggest what might be looked for at the
crime scene; they are:

c. Impressions left by Weapons—

firearms, cutting or stabbing devices Tools—
jimmies, metal cutters, hammers, metal
punches Shovels—used to bury a body or
weapon (Some types of soil, such as clay,
 Reconstructing What Happened
There are scientific means available to
reconstruct the crime; that is, to
determine how it was committed and
what happened. The purpose is to allow
any account of the event advanced by a
suspect or witness to be compared with
the reconstructed facts.
 The Body as Focus of the Investigation
When examined by properly trained
forensic scientists the victim’s body can
provide evidence of investigative and
probative value. The testimony of the
forensic pathologist figures significantly
in this endeavor; it is required to prove
one of the elements of homicide—that
death was the result of a criminal act.
 The Body as Focus of the Investigation
In addition to shedding light on the
cause and manner of death, he or she
may be able to testify about some of the
circumstances surrounding the event,
thus permitting a reconstruction of the
crime—how and when it was
committed.
 Who is the Deceased?
In general, the most common means of
identifying the victim are successful in
permitting investigators to move on to
other pressing matters. But sometimes
body and facial features are
unrecognizable (or missing if the body
was dismembered, and clothing or jewelry is
not present).
 Establishing the Cause and Manner of
Death—The Autopsy
A death may be from natural causes,
accident, suicide, or criminal act. When
the first three are ruled out, it falls
under the criminal law. The forensic
pathologist, using medical autopsy,
determines the cause and manner of
death, and also evaluates the
circumstances of the death.
 Establishing the Cause and Manner of
Death—The Autopsy
Answers to the following questions,
therefore, can reveal whether a death was
suicidal, accidental, or criminal.
1. Are there signs of a struggle?
2. Could the injuries have been self-
inflicted? The location of the entrance
wound, the powder pattern, and the
trajectory of the bullet in the body are
 Establishing the Cause and Manner of
Death—The Autopsy
Answers to the following questions,
therefore, can reveal whether a death was
suicidal, accidental, or criminal.
3. What was the location of the weapon
(or other object) that inflicted the
injury or injuries?
4. Is there a suicide note? Is it in the
deceased’s handwriting or printing?
 The External Examination
The external examination of the corpse is a
significant part of a total medicolegal
autopsy. The pathologist will also want to
see the clothing of the deceased, and the
weapon. Yielding details (such as scars or
tattoos) that facilitate an identification, the
external examination also provides what is
necessary to reconstruct inductively the
circumstances of the death—what
happened, how and when it happened, an
 The Internal Examination
The internal examination of the cadaver
involves making incisions (generally of the
scalp, chest, and abdomen) to remove
organs, tissues, and fluids. Following a gross
visual inspection, samples are taken for
further study under the microscope and for
chemical analysis by a toxicologist. The test
results and the external examination allow
for the formation of an expert opinion on the
cause and manner of death. Sometimes,
 end

QUESTION?