Straightforward Guide To Catching A Killer

Stephen Wade

Description

Crime historian Stephen Wade and former detective Stuart Gibbon examine the investigation of Murder from a historical and modern-day perspective, with reference to criminal law, police procedure and forensic evidence.

Sujets

• True crime

Informations

• Publié par: Straightforward Publishing
• Date de parution: 25 mars 2022
• Nombre de lectures: 0
• EAN13: 9781802361124
• Langue: English

Extrait

A Straightforward Guide to
Catching a Killer
A reference guide to murder investigation past and present
S TEPHEN W ADE AND S TUART G IBBON
Straightforward Publishing www.straightforwardco.co.uk
Straightforward Guides
Copyright Stuart Gibbon and Stephen Wade 2022
Stuart Gibbon and Stephen Wade have asserted the moral right to be identified as the authors of this work.
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or otherwise, without the prior permission of the copyright holders.
ISBN 978-1-80236-063-9 Epub ISBN 978-1-80236-112-4 Kindle ISBN 978-1-80236-105-6
Printed by 4edge www.4edge.co.uk Cover Design by BW Studio Derby Typeset by Frabjous Books
Whilst every effort has been made to ensure that the information contained within this book is correct at the time of going to press, the author and publisher can take no responsibility for any errors or omissions contained within.
CONTENTS
General Preface: The Authors
PART 1 - CONTEMPORARY by Stuart Gibbon
Introduction
The Law
The Murder Investigation
The Elements of Murder
Staffing
Forensic Evidence
Appendix A - delay in notifying arrest and/or access to legal advice
Appendix B - Intimate and non-intimate samples
Appendix C- MIT structure
PART 2 - HISTORICAL PERSPECTIVES by Stephen Wade
Introduction
Historical Perspectives
From Medieval to Georgian
Two Case Studies
From Victorian to Modern
Three Case Studies
Bibliography
Index
Note: This book contains details of true crime cases which some people may find upsetting. These details have been included for context and by way of explanation.
Catching a Killer
He was forty when murder for money became his principal business, and within little more than two years he had brought to an untimely end the lives of three brides...His technique never varied and that fact finally proved his undoing.
J P Eddy Q.C. on George Joseph Smith ( Brides in the Bath killer )
GENERAL PREFACE
The Authors
Our books present a rare combination in a work of collaboration: a former police detective and a crime historian. We discovered some years back after taking part in a crime-writing panel in Lincoln, that a book offering such a mix of expertise would be very useful primarily to readers of crime fiction and to crime writers.
After working on a number of related volumes, discussion led to producing a work that would approach perhaps the most intractable and comprehensive topic in the heavy catalogue of criminal offences through the centuries: homicide. More particularly, of course, the subject of willful murder comes into focus. Hence, Catching a Killer emerged as our latest book.
Stuart Gibbon is a former police officer who served for 30 years in the Metropolitan Police and the East Midlands. A large part of his career was spent as a detective, at various ranks. As a DCI, he was seconded to the inaugural East Midlands Special Operations Unit (EMSOU) as a Senior Investigating Officer (SIO) leading murder investigations. He now runs a consultancy service (GIB Consultancy) to help writers with their police procedures. He also appears on TV as a policing expert and has featured in a number of true crime documentaries including 999:Killer on the line, Deadly Women and Killer in my village.
Stephen Wade was formerly a lecturer in English in further and higher education. Before beginning to write full-time, he worked for six years as a writer in prisons. As well as writing, he has been advisor to television documentaries, including Inside Wormwood Scrubs, and Murder Mystery and My Family .
The emphasis throughout our books is on significant cases, investigations and developments in investigation. The books may be used for reference, but they are packed with real-life narratives of crime and its detection.
Part 1
CONTEMPORARY
Stuart Gibbon
Introduction
The investigation of murder is very much a team effort and relies on people working together. From the first officers attending the scene, to the detectives, forensic teams and the many support staff, everyone has a role to play. A former forensic scientist recently claimed that most murders are not difficult to solve , partly on the basis that the victim and the offender are often known to each other, which is true. I wish it were as simple as that, but it isn t. Even if the identity of the suspect is known, there is still a huge amount of work required to get to the stage where you are able to secure a conviction at court.
There is no such thing as an easy murder case, no matter how strong the evidence appears to be. The priority for the team, of course, is to try to get justice for those affected by such a tragic and traumatic loss.
There is no greater reward for a murder detective than to provide some comfort and as I write, those victims and their loved ones are very much in my thoughts.
It s not possible for me to detail every aspect of a murder investigation but I m going to cover a number of relevant areas. I ll start with a little bit about the offence of murder and some other related criminal offences. I ll then outline the practical approaches and considerations when a murder has taken place. I m going to give you an idea of the resources that will be used and finally, the subject of forensic evidence and some of the many forensic experts who use their specialist skills to great effect. As usual, I ve included lots of case studies to help you put the information into context. I hope you find it interesting.
* * *


The Law
Murder - Common Law
The criminal offence of Murder is committed when a person of sound mind and discretion unlawfully kills another human being under the Queen s Peace, with malice aforethought.
The offence is contrary to common law rather than a specific legislative statute and, on conviction, carries a mandatory sentence of life imprisonment. Any British citizen who commits murder anywhere in the world may be tried in England or Wales, irrespective of the nationality of the victim or the location of the murder (Section 9 Offences Against the Person Act 1861).
Murder is what is known as a crime of specific intent and a criminal offence where the state of mind ( mens rea ) of the offender must show an intention:

to kill, or
to cause grievous bodily harm.
Section 1 of the Law Reform (Year and a Day Rule) Act 1996 abolished the longstanding limitation that death had to occur within a year and a day of the infliction of injury. It is also worth noting, however, that the consent of the Attorney General is required before any proceedings can be instituted for a fatal offence where either:

(a) the injury alleged to have caused the death was sustained more than 3 years before death occurred, or
(b) the person has previously been convicted of an offence committed in circumstances alleged to be connected to the death (Section 2 Law Reform etc Act 1996).
There are two specific ( full ) defences to murder; by reason of insanity or self-defence (or other justified killing) on behalf of the accused.
Voluntary Manslaughter
There are several special defences in a case of murder which, rather than securing an acquittal, allow for a conviction of voluntary manslaughter instead of murder (also referred to as partial defences to murder). Voluntary manslaughter is more a finding by a court than a specific criminal offence with which a person can be charged. These special defences are diminished responsibility, loss of control and suicide pact.
Diminished Responsibility
Section 2 of The Homicide Act 1957 as amended by Section 52 of the Coroners and Justice Act 2009 states:
(1) A person (D) who kills or is a party to a killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which -
(a) arose from a recognised medical condition,
(b) substantially impaired D s ability to do one or more of the things mentioned in subsection (1A), and
(c) provides an explanation for D s acts and omissions in doing or being party to the killing.
(1A) Those things are -
(a) to understand the nature of D s conduct
(b) to form a rational judgement
(c) to exercise self-control.
(1B) For the purposes of subsection (1)(c), an abnormality of mental functioning provides an explanation for D s conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct.
(2) On a charge of murder, it shall be for the defence to prove that the person charged is by virtue of this section not liable to be convicted of murder.
(3) A person who, but for this section would be liable, whether as principal or as accessory, to be convicted of murder shall be liable instead to be convicted of manslaughter.
(4) The fact that one party to a killing is by virtue of this section not liable to be convicted of murder shall not affect the question whether the killing amounted to murder in the case of any other party to it.
In summary, it s for the defence to prove that the abnormality of mental functioning substantially impaired the defendant s ability to do one (or more) of the three things listed at (1A). The standard of proof required by the defence is the lower (civil) standard of a balance of probabilities as opposed to the criminal standard of beyond reasonable doubt . If diminished responsibility is accepted by the court then the person would be convicted of manslaughter rather than murder.
Examples of accepted causes of abnormality of the mind have included jealousy, pre-menstrual tension, epilepsy and chronic depression.
CASE LAW - R v DIETSCHMANN (2003)
The appellant had been having a relationship with his aunt who was much older than him and was a drug addict. The appellant was sentenced to imprisonment for an offence he had committed and the relationship continued during his stay in prison. She wrote to him every da