Investigating and Trying a Homicide Case

• NCJ Number: 203747
• Author(s): Andrea D. Lyon
• Date Published: 1998
• Length: 28 pages
• Sale Source: DePaul University
• Publication Format: Document (Online)
• Publication Type: Guideline
• Language: English
• Country: United States of America
• Note: Downloaded January 9, 2004.

Annotation

This document discusses the factual, expert, and legal investigation necessary to prepare to try a homicide case.

Abstract

The first difference between a homicide case and other cases is that the victim of the crime isn’t there at trial. It is very difficult to win an acquittal in a homicide case because the jury feels the need to make reparations of the family of the deceased. Part of the job in defending a homicide case is to recognize and prepare for the emotional reactions of the jury, judge, and prosecutors to the case. Homicides also differ from other cases because of the media interest that often accompanies them. There must be a strategy for dealing with the media. A homicide has enormous pressure to “get” a confession. The easiest and most logical place to begin is to make an index of every person to be interviewed and to prioritize that list. The evidence should be listed in order from the best for the prosecution to the worst for the prosecution. In addition to requiring thorough interviews and investigation, cases that will involve testimony from many witnesses create a need for careful organization. A witness index should be created. A chart should be made of the exhibits at trial. Careful crime scene investigation is a critical part of any affirmative defense strategy. A visit to the crime scene is important from a fact gathering sense as well as from an advocacy perspective. Another important part of the job as investigator is to understand and evaluate the work that has already been done by the police. Also a big part of the investigation is discovering the background of the deceased. In a self-defense case, the deceased’s violent criminal history may be admissible and is of interest for trial preparation as well as potential negotiation. It is highly recommended to hire an expert whenever forensic evidence is central to the case. Time of death can also be of importance in a case. While it is not possible to tell from forensic evidence alone the exact time of death, certain things can be determined from the body. 52 footnotes