The Routledge International Handbook of Homicide Investigation (Routledge International Handbooks) [1 ed.] 1032047267, 9781032047263

Table of contents :
Cover
Half Title
Title
Copyright
Contents
List of Figures
List of Tables
List of Contributors
Introduction
Part I Homicide Investigations Worldwide
1 Behind the (Crime) Scenes: Researching the History of Homicide Investigation in England and Wales
2 Homicide Investigations in Norway
3 Homicide Investigations in Australia
4 Homicide Investigations in the United States
Part II Homicide Investigations: In Practice
5 Homicide Detectives: Transformational Change and Challenges
6 Being a SIO
7 Investigative Decision-Making in Homicide Investigations
8 The Use of Digital Evidence in Homicide Investigations
9 The Commercialisation of Forensic Science and the Investigation of Homicide in England and Wales
10 Forensic Entomology in Death Investigations
11 Social Network Analysis in Homicide Investigations
12 The Role of the Media in Homicide Investigations
13 How Psychologists Can Help the Police in Homicide Cases
14 Investigative Interviewing on Homicide Investigations
15 Eyewitness Memory
16 Behaviour Sequence Analysis in Homicide Investigations
17 Geographic Profiling in Murder Investigations
Part III Homicide Investigation in Different Contexts
18 Domestic Homicide Reviews and Investigating Domestic Homicide
19 ‘Honour’-Based Femicide
20 The Investigation of Corporate Manslaughter and Corporate Homicide
21 Missing, Murdered and Hidden
22 Whodunit, Howdunit, Whydunit? How Detectives Think About and Investigate Complex ‘Hard to Solve’ Murders
Part IV Homicide Investigations: Working With Survivors
23 Homicide Investigations and Survivors of Homicide
24 Secondary Victims of Homicide and Restorative Justice
25 The Emotional Impact of Homicide Investigation: A Neglected but Vital Issue
26 Homicide Investigation and Miscarriages of Justice
Index

Citation preview

THE ROUTLEDGE INTERNATIONAL HANDBOOK OF HOMICIDE INVESTIGATION

The Routledge International Handbook of Homicide Investigation will be the first of its kind to bring together research and personal insights from detectives, practitioners, academics and experts internationally on various complexities that are involved in the investigation of homicides. The handbook discusses the challenges faced by homicide detectives, especially since not every investigation will demand the same approach. The tools, techniques and expertise required also vary according to the type of homicide that is investigated. This handbook brings these issues and opportunities to the forefront while also illustrating the wider complexities and emotional impact of homicide investigations on detectives and those bereaved by homicide. The book is divided into four parts. Part I provides chapters that explore homicide investigation across the globe. Parts II and III offer an up-to-date insight into the ever-evolving tools and techniques that are used during a homicide investigation and explore how specific types of homicides are investigated. Part IV considers both those directly affected by the homicide and the role of indirect victims in the investigation, including the impact of homicide and its investigation. Chapters also consider some recent developments in homicide investigation that may shape its future as well as current issues that are facing homicide detectives. Providing cutting-edge research on every step of the criminal homicide investigation process, this handbook is essential reading for scholars, students and practitioners interested in homicide investigation. Cheryl Allsop is Senior Lecturer at the University of South Wales. Cheryl obtained her ESRC-funded PhD, which focused on how the police seek to solve long-term unsolved murders and stranger rapes, from Cardiff University. Sophie Pike is Senior Lecturer in Criminology at Bath Spa University. She obtained her doctorate from the University of South Wales, and her research explored the ways in which the police investigation of homicide in England and Wales has changed since the 1980s.

THE ROUTLEDGE INTERNATIONAL HANDBOOK OF HOMICIDE INVESTIGATION

Edited by Cheryl Allsop and Sophie Pike

Designed cover image: © Getty Images First published 2024 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2024 selection and editorial matter, Cheryl Allsop and Sophie Pike; individual chapters, the contributors The right of Cheryl Allsop and Sophie Pike to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Allsop, Cheryl, editor. | Pike, Sophie, editor. Title: The Routledge international handbook of homicide investigation / [edited by] Cheryl Allsop and Sophie Pike. Description: First Edition. | New York, NY : Routledge, 2023. | Series: Routledge international handbooks | Includes bibliographical references and index. Identifiers: LCCN 2023034187 (print) | LCCN 2023034188 (ebook) Subjects: LCSH: Homicide investigation. | Criminal investigation. | Detectives—Psychology. | Police. Classification: LCC HV8079.H6 R688 2023 (print) | LCC HV8079.H6 (ebook) | DDC 363.25/9523—dc23/eng/20230907 LC record available at https://lccn.loc.gov/2023034187 LC ebook record available at https://lccn.loc.gov/2023034188 ISBN: 978-1-032-04726-3 (hbk) ISBN: 978-1-032-04948-9 (pbk) ISBN: 978-1-003-19528-3 (ebk) DOI: 10.4324/9781003195283 Typeset in Sabon by Apex CoVantage, LLC

CONTENTS

List of Figures List of Tables List of Contributors

viii ix x

Introduction Cheryl Allsop and Sophie Pike

1

PART I

Homicide Investigations Worldwide

5

  1 Behind the (Crime) Scenes: Researching the History of Homicide Investigation in England and Wales Sophie Pike

7

  2 Homicide Investigations in Norway Ivar Fahsing, Tor Kallmyr and Frode Lier

20

  3 Homicide Investigations in Australia Amber C. McKinley

35

  4 Homicide Investigations in the United States Richard M. Hough and Kimberly D. McCorkle

48

PART II

Homicide Investigations: In Practice

61

  5 Homicide Detectives: Transformational Change and Challenges Martin O’Neill, Stephen Tong and Stephen Clayman

63

v

Contents

  6 Being a SIO Mark O’Shea

76

  7 Investigative Decision-Making in Homicide Investigations Gareth Bevan

90

  8 The Use of Digital Evidence in Homicide Investigations Dana Wilson-Kovacs, Helen Jones and Fiona Brookman   9 The Commercialisation of Forensic Science and the Investigation of Homicide in England and Wales Rhian Kinsella

103

118

10 Forensic Entomology in Death Investigations Jacqueline Spicer

132

11 Social Network Analysis in Homicide Investigations Maureen Taylor

150

12 The Role of the Media in Homicide Investigations Liam Ralph

161

13 How Psychologists Can Help the Police in Homicide Cases Mike Berry

173

14 Investigative Interviewing on Homicide Investigations Jennifer Holmes

185

15 Eyewitness Memory Rui Paulo

200

16 Behaviour Sequence Analysis in Homicide Investigations David A. Keatley

212

17 Geographic Profiling in Murder Investigations D. Kim Rossmo

224

PART III

Homicide Investigation in Different Contexts

239

18 Domestic Homicide Reviews and Investigating Domestic Homicide Grace Boughton

241

vi

Contents

19 ‘Honour’-Based Femicide Aisha K. Gill

254

20 The Investigation of Corporate Manslaughter and Corporate Homicide Victoria Roper

265

21 Missing, Murdered and Hidden Helen Jones and Cheryl Allsop

278

22 Whodunit, Howdunit, Whydunit? How Detectives Think About and Investigate Complex ‘Hard to Solve’ Murders Martin Innes and Fiona Brookman

296

PART IV

Homicide Investigations: Working With Survivors

309

23 Homicide Investigations and Survivors of Homicide Cheryl Allsop and Sophie Pike

311

24 Secondary Victims of Homicide and Restorative Justice Paul Gavin

322

25 The Emotional Impact of Homicide Investigation: A Neglected but Vital Issue Janet Foster

334

26 Homicide Investigation and Miscarriages of Justice Carole McCartney, Cheryl Allsop and Sophie Pike

353

Index

367

vii

FIGURES

2.1 Two-track system 23 2.2 Mean proportion of generated gold-standard investigative hypotheses by country and level of experience 27 3.1 Homicide classification, 1989–1990 to 2018–2019 (rate per 100,000) 37 6.1 National decision-making model 79 7.1 National decision-making model 96 8.1 Key points in the trajectory of mobile phone as data is acquired and evidence processed 107 8.2 The complexity of homicide investigations 108 10.1 Top: Isomorphen diagram for L. sericata; bottom: Isomegalen diagram for L. sericata137 14.1 The PEACE framework 187 16.1 Behaviour Sequence Analysis 214 17.1 Jeopardy surface: Wemmer Pan Serial Murders, Johannesburg, South Africa 228 17.2 GeoProfile: Wemmer Pan Serial Murders, Johannesburg, South Africa 229 21.1 Percentage of homicide victims by age grouping (April 2009–March 2020) 284 21.2 Percentage of suspects convicted of homicide by age grouping (April 2009–March 2020) 285

viii

TABLES

5.1 15.1 17.1 21.1 21.2 21.3 21.4 21.5 21.6 21.7

Confidence levels following completion of the detective programme 70 A phased approach to using the (enhanced) Cognitive Interview 206 The criminal investigative process 225 Number of offences currently recorded as homicide by financial year and whether the victim was reported as a missing person (April 2007–March 2020)280 Percentage of female homicide victims (April 2009–March 2020) 281 Occupation of homicide victims reported as a missing person (April 2009–March 2020)282 Percentage of suspects convicted of homicide by gender (April 2009–March 2020)284 Percentage of homicide victims where the body was moved after death (April 2008–March 2019)287 Percentage of homicide victims where the body was concealed (April 2008–March 2019)287 Percentage of offences currently recorded as homicide, by outcome for principal suspect (April 2009–March 2020) 291

ix

CONTRIBUTORS

Cheryl Allsop is a senior lecturer at the University of South Wales. Cheryl obtained her ESRCfunded PhD, which focused on how the police seek to solve long term unsolved murders and stranger rapes, from Cardiff University. Her book, Cold Case Reviews: DNA, Detective work and Unsolved Major Crimes, was published in 2018. Her research interests include missing people, no-body murders and unidentified found human remains. Cheryl is a co-investigator on the Home Office STAR–funded project, ‘Missing-Murdered: Identifying Vulnerabilities and Risk Factors’, which aims to help police officers recognise and respond more effectively to homicides involving missing persons. Cheryl is also a trustee of Locate International – a charity dedicated to helping families of unsolved missing person cases find their loved ones. Mike Berry is a consultant clinical forensic psychologist and an associate fellow of the British Psychological Society who has over 30 years’ clinical experience working with a wide range of offenders and defence and prosecution teams as well as various police forces in England and Wales. He is formerly (Hon) Senior Lecturer at the Royal College of Surgeons in Ireland, Senior Lecturer at MMU and Visiting Professor at Dublin Business School and Birmingham City University, and he is currently Visiting Professor at Liverpool John Moores University. As an expert witness he has appeared in Magistrates Courts through to the Court of Appeal. He has published widely and presented at conferences on various aspects of criminality from America to Australia and many places in between. Gareth Bevan is a retired police officer who has spent 31 years with Avon and Somerset Constabulary. As a detective chief inspector he was on the national register of senior investigating officers and spent his last six years leading the force’s most serious crime investigations, including homicide. Following his police service he completed a master’s degree in criminology and criminal psychology, focusing his research on SIO decision-making. Recently he has been involved in a project to design investigative training for delivery overseas on behalf of the Foreign and Commonwealth Development Office. He lectures at the University of South Wales and teaches investigative skills to other UK government agencies. Grace  Boughton  works for the Office of the Police and Crime Commissioner (OPCC) for Warwickshire as the criminal justice policy and partnerships officer. The emphasis of this role, x

Contributors

which is solely funded by Warwickshire partner agencies, is on enhancing, supporting and advocating partnership working between agencies with regard to criminal justice–related matters across the county. Her doctoral research focused on exploring domestic homicide reviews (DHRs) from policy and practice-based perspectives, which was completed at the University of South Wales in 2022. Due to her expertise in this area, Grace has participated in a Welsh Government Task and Finish Group, which has helped with the repository element of the Single Unified Safeguarding Review that will be in operation across Wales. Prior to her current employment, Grace was a senior lecturer in criminology at the University of Gloucestershire, where she taught on a variety of subject matters at undergraduate and postgraduate levels, including crime science, interpersonal violence and abuse, homicide and more. Fiona Brookman is Professor of Criminology at the University of South Wales, UK. She obtained her PhD from Cardiff University in 2000 and has, since then, researched and published mainly in the fields of homicide, violence and policing using ethnographic research methods. Commander Stephen Clayman, Metropolitan Police Service, has undertaken a range of roles in policing, predominantly as a detective and at different ranks across local policing and specialist crime. He currently oversees specialist crime functions tackling serious and organised crime, such as fraud, cybercrime, modern slavery and human trafficking and complex investigations. In 2016 he was the lead for the design and implementation of the first direct-entry detective pathway, along with working on early design principles for the PEQF entry routes, and remains the Met’s professional lead on detective development. In 2009 he graduated from the University of Cambridge with a master’s degree in Applied Criminology and Police Management, where he subsequently published research findings on reluctant witnesses. He is also a fellow of both the Forward Institute Programme and Westminster Abbey Institute. Ivar Fahsing, MSc, PhD, is a detective chief superintendent and associate professor at the Norwegian Police University College. He is also a visiting professor at the Norwegian Centre of Human Rights, Faculty of Law, the University of Oslo. He has co-authored the UNPOL manual on investigative interviewing and the new UNODC e-learning programme on investigative interviewing. He was also on the Advisory Council for the Principles on Effective Interviewing (the Mendez principles). Dr Fahsing has published widely in the field of investigative management and decision-making, investigative interviewing, detective expertise, knowledge management and organised crime. He is used as an expert witness in courts. He has for many years been involved in transformation work and training in Scandinavia, Europe, the Middle East, Africa, Asia, Brazil, the United Nations, etc. He has 15 years of experience as a senior detective in the Oslo Police Department and at the National Criminal Investigation Service of Norway (KRIPOS). Janet Foster is an associate professor in the Department of Sociology at the London School of Economics. She is currently finishing a book on murder investigators called The Real Sherlocks: Murder Investigators at Work. This book is based on extensive in-depth observations, and it interviews with a murder team and follows cases from crime scene to courtroom, exploring the complex social processes that occur in investigations, detectives’ interactions with families, the construction of stories in the courtroom, what detectives feel about their work and the complex emotions it raises. Janet has worked with a range of police organisations in the UK and Europe on different aspects of policing as well as acted as an advisor to the police inspectorate and government departments, including the Home Office. xi

Contributors

Paul Gavin is a senior lecturer in criminology in the School of Social Sciences at the University of the West of England (UWE), Bristol. He is a former graduate of University of Galway and Kings College London and holds a doctorate in criminology from Kingston University London. His research interests include restorative justice, problem-solving justice and mental health. He has previously worked as a researcher with the National Commission on Restorative Justice and the National Crime Council in Dublin and with the Centre for Crime and Justice Studies in London. Aisha K. Gill, PhD, CBE, is Professor of Criminology at University of Bristol, UK. She has been involved in addressing the problem of VAWG, ‘honour’ crimes and forced marriage at the grassroots/activist level for more than 20 years. Her recent publications include articles on crimes related to the murder of women/femicide, ‘honour’ killings, coercion and forced marriage, child sexual exploitation and sexual abuse and rape in South Asian/Kurdish and Somali communities, female genital mutilation, sex selective abortions, intersectionality and women who kill. She is editorial member of The British Journal of Criminology and Journal of Gender-Based Violence. In 2019 she was appointed Co-Chair of End Violence Against Women Coalition. Jennifer Holmes obtained an LLB (hons) degree in Law at the University of the West of England and an MSc in Criminology and Criminal Justice at Cardiff University and recently submitted her PhD at the University of South Wales. Her PhD research concerns the working practices of detectives and third parties involved in the interviewing of vulnerable suspects, within the context of homicide investigation. Prior to undertaking this research, Jennifer was a member of police staff and spent most of her time as a civilian investigator in Major Crime. Jennifer is currently a senior lecturer in criminology and policing at the University of the West of England, Bristol. Richard M. Hough is Professor of Practice in the Department of Criminal Justice and Criminology at East Tennesse State University, USA. A career law enforcement member and trainer, Dr Hough also served as a homicide detective in the state of Florida. Dr Hough is an active expert witness in the US Federal Court system, including the area of homicide investigations. Martin Innes is a professor and leads the work of the Security, Crime and Intelligence Innovation Institute at Cardiff University. He is the author of four books, including Investigating Murder (2003). Helen Jones joined the University of South Wales (USW) as a research fellow in January 2015. Currently, Helen is working alongside Dr Cheryl Allsop on the Home Office STAR–funded project, ‘Missing-Murdered: Identifying Vulnerabilities and Risk Factors’. The aim is to help ensure that homicides involving missing persons are more effectively recognised and responded to. Helen has also worked on the Homicide Investigation and Forensic Science Project. Findings from this ethnographic study have helped inform local police policy and practice and have fed into a wider Home Office project, evaluating the impact of forensic science within the criminal justice system. Prior to joining USW, Helen worked for Leicestershire Police for over 12 years, which included, most recently, four years as a review officer, reviewing undetected homicides, long-term missing persons and stranger rapes. Tor Kallmyr, MA, is a detective superintendent with the Violent Crime Section at the National Criminal Investigation Service Norway (KRIPOS) and work as a senior investigation officer (SIO) assisting local police districts in homicide and missing person cases. He has broad experience xii

Contributors

from working in the investigation of narcotic, violent, sexual and economic crime. Kallmyr is widely used as a lecturer on investigative management and detective training throughout Norway. Kallmyr is also the leader of the national guideline committee for investigative management in the evidence-driven organisational learning and development apparatus. David A. Keatley is Associate Professor in criminology with a background in forensic psychology. David is also Director of Researchers in Behaviour Sequence Analysis (ReBSA), an international research network, and regularly consults with law enforcement organisations around the world on current and cold cases – specifically in relation to sexual assault, rape and homicide. David is also Director of Forensic Linguistics Analysis Group (FLAG) and Cold Case Review (CCR) at Murdoch University. David’s work and research focuses on complex patterns of (criminal) behaviour in real-world contexts. David is a full Vidocq Society Member (VSM) and member of the Rhode Island Cold Case Task Force, the Pennsylvania Homicide Investigators Association (PHIA) and the International Homicide Investigators Association (IHIA), alongside several other national and international cold case initiatives and task forces. David has published over 70 articles in peer-reviewed journals and three books on his applied methods for investigating criminal behaviours. Rhian Kinsella was Crime Scene Investigator for South Wales Police and is currently Head of Subject for Biological and Forensic Sciences in the University of South Wales, with research interest in the marketisation of forensic science in England and Wales. Frode Lier, MA, is a detective superintendent and a senior investigation officer (SIO) with the Violent Crime Section at the National Criminal Investigation Service of Norway (KRIPOS). Previously, Lier worked with the investigation of serious and organised crime in one of the larger rural police forces of Norway. He also has experience from the Norwegian Police Security Service. He is widely used as a lecturer on investigative management ad detective training throughout Norway. Carole McCartney is Professor of Law and Criminal Justice at Leicester Law School. Previously at Northumbria University, where she established the Science and Justice Research Interest Group, Carole has been researching issues around criminal evidence and forensic science for twenty years and has written on miscarriages of justice, DNA and biometrics, forensic science, international policing and criminal justice more widely. Kimberly D. McCorkle is currently Provost and Senior Vice President for Academics at East Tennesse State University, USA. Dr McCorkle was formerly a faculty member in the Department of Criminal Justice and Legal Studies at the University  of West Florida. Prior to her faculty roles Dr McCorkle was a specialized domestic violence prosecutor in Florida’s First Judicial Circuit, where she established a domestic violence prosecution unit. Amber C. McKinley (BLibS, MCJ, PhD) is a clinical and forensic victimologist at Charles Sturt University’s Australian Graduate School of Policing and Security (AGSPS). She is the discipline lead for Investigations and coordinates and lectures in Theoretical, Applied and Forensic Victimology and Human Trafficking: A Global Perspective. Amber works with the Australian Defence Force, Joint Military Police Unit, for the Australian Federal Police and the New South Wales Police Force as well as other government agencies. Her current research includes ‘A Longitudinal Examination of Australian Domestic Homicide Motive and Cause of Death (1816–2022)’; xiii

Contributors

‘Australian Death Typologies: What Do the Numbers Tell Us?’; ‘Explaining the Decline in Serial Homicide Events in Australia’; ‘How victims of Corporate Manslaughter Have Influenced Law Reform’; ‘Redefining Mass Murder in Australia (1628–2023), the Role of Women as Offenders in Human Trafficking’; ‘The Shadow Pandemic: The Impact of the Coronavirus on Crime Victims’; and ‘Temporal Aspect of Adult Homicide in Australia, the “Dark Figure of Homicide” ’ as well as victim and co-victim interaction with Australian Police. Martin O’Neill is the director of the Canterbury Centre for Policing Research (CCPR) and a senior lecturer in criminal investigation at Canterbury Christ Church University. He has a variety of research interests relating to criminal investigation and is currently engaged in research on domestic abuse, direct and fast-track detective schemes and the measurement of Covert Human Intelligence Source effectiveness funded by the National Police Chiefs Council. His interests also include sexual offences and offending, evidence, major crime investigation, investigative interviewing, decision-making and miscarriages of justice. His book, Key Challenges in Criminal Investigation, was published in 2018. Detective Superintendent Mark O’Shea is a career detective with over 25 years’ policing experience. He is a PIP 4 homicide SIO who has led numerous high-profile murder enquiries, including many category A investigations. Rui Paulo is a senior lecturer in forensic psychology at Liverpool John Moores University (UK). His research focuses on eyewitness memory and investigative interviewing, particularly in developing and testing new retrieval strategies the police can use to enhance eyewitness memory and improve criminal investigations. He collaborates with international law enforcement agencies and universities and is actively engaged with the research community as an editor, reviewer and author. Sophie Pike is a senior lecturer in criminology at Bath Spa University. She obtained her doctorate from the University of South Wales, and her research explored the ways in which the police investigation of homicide in England and Wales has changed since the 1980s. Her book, A Recent History of Homicide Investigation: Changes and Implications for Criminal Justice in England and Wales, was published in 2023. Liam Ralph is an assistant professor in Criminology at Northumbria University, England. His main interests relate to the study of policing and cover developments linked to technology, social media, police legitimacy, democratic policing and local policing. He was recently a research fellow on an ESRC-funded Visible Policing project that examined the nature of visible policing today through buildings, artefacts and social media. He has also worked previously in the Scottish government with Justice Analytical Services (JAS) and contributed to the Public Confidence Steering Group using data from the Scottish Justice Crime Survey. Victoria Roper is an associate professor at Northumbria Law School, Newcastle upon Tyne. Before joining academia Victoria worked as a corporate solicitor. She completed her doctorate on the UK’s Corporate Manslaughter and Corporate Homicide Act and regularly speaks and publishes on this topic. As the leading expert in this area, Victoria is frequently asked to advise other jurisdictions developing similar corporate manslaughter legislation. Victoria is also the chair of the Law Society’s Education and Training Committee and a deputy editor of The Law Teacher journal. xiv

Contributors

D. Kim Rossmo is a professor and the director of the Center for Geospatial Intelligence and Investigation in the School of Criminal Justice and Criminology at Texas State University. He has researched and published in the areas of environmental criminology, the geography of crime, and criminal investigations. Dr Rossmo was formerly the director of research for the Police Foundation, a think tank in Washington, DC, and a management consultant for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Prior to that he was the detective inspector in charge of the Vancouver Police Department’s Geographic Profiling Section, which provided investigative support for the international law enforcement community. Dr Rossmo is a member of the Police Investigative Operations Committee of the International Association of Chiefs of Police (IACP) and is a former commissioner for the Austin Public Safety Commission. He sits on the editorial board for the journal Homicide Studies and is a full fellow of the International Criminal Investigative Analysis Fellowship (ICIAF). He has published books on geographic profiling and criminal investigative failures and a crime atlas for Texas. Dr Rossmo has been awarded the Governor General of Canada Police Exemplary Service Medal. Jacqueline Spicer is a lecturer in Forensic Investigation and Criminology at the University of West London. Dr  Spicer’s research interest in evidence dynamics and the interpretation of forensic evidence is informed by  multidisciplinary field experience in archaeology, history of the body and forensic entomology. Maureen Taylor is a lecturer in criminology and policing at Glasgow Caledonian University. She has been teaching since 2006, having come from a background in forensic investigation, financial investigation and criminal intelligence analysis. Maureen has often combined her academic roles with work in policing and the wider criminal justice system, including working in community settings with high-risk sex offenders and children who sexually harm and with prisoners serving life sentences. Maureen’s research interests are public-protection policing, child sexual exploitation, gender-based violence, homicide, missing and trafficked people and social network analysis. Maureen is also the founder and co-director of the Scottish Cold Case Unit at Glasgow Caledonian University and the chief operating officer at Locate International, a charity which provides a review service for missing and unidentified people. Stephen Tong is Professor of policing and criminal justice in the School of Law, Social and Behavioural Sciences at Kingston University. His research interests include a wide range of policing issues, particularly in police learning, professionalisation and practice, police futures and technology, international policing, miscarriages of justice and criminal investigation. Stephen is Head of the School of Law, Social and Behavioural Sciences at Kingston University, Adjunct Professor at Charles Sturt University, Senior Research fellow at Policing Institute for the Eastern Region at Anglia Ruskin University and a member of the Policing Journal editorial board. His forthcoming book is in its second edition and edited with Professor Denise Martin, titled Introduction to Policing Research: Taking Lessons from Practice. Dana Wilson-Kovacs is Associate Professor in Sociology at the University of Exeter. She is a qualitative sociologist whose recent research has examined the operational demands, organisational settings and resources, and professional values that circumscribe the development and application of digital forensics in police investigations in England and Wales. Her work has been published in The British Journal of Criminology, Policing and Society, The International Journal of Evidence & Proof and Policing: A Journal of Policy and Practice, among others. xv

INTRODUCTION Cheryl Allsop and Sophie Pike

From the myriad detective investigation programmes shown worldwide we think we know how homicides are, or should be, investigated. However, fictional accounts often provide a glamorised account of the role of the detective and their enviable investigating skills. The crimes are usually solved by the end of the programme after the investigator, often working alone, follows a series of clues that ultimately leads them to the offender. Even ‘fly on the wall’ documentaries belie the true complexities associated with homicide investigations. They aim to distil complex details into more readily digestible information to reach a wide audience and conclude within a set, and often short, timeframe. In reality, without being a homicide detective it is difficult to know how homicides are investigated and fully appreciate the complexity involved. This is further compounded by the many different types of homicides, which comprise different victim-offender relationships and circumstances. Broadly, they can include domestic, stranger- or gang-related murders, so-called ‘honour-based’ violence, serial murders, sexually motivated murders and corporate homicide. Although each may require similar core investigating skills, there will be those that are more complex, requiring the adoption of a variety of investigative tools and techniques. Therefore, the demands, requirements and expertise will vary according to the type of homicide that is being investigated. All of this must be achieved within the confines of an assortment of legislation, budget considerations and, in some cases, under the intense media spotlight. Of course, where in the world a homicide takes place will also dictate how the investigation is carried out. Defining homicide can present its own challenges when it comes to understanding and responding to this crime since what is considered to be an acceptable killing is socially, historically and culturally constructed, as we have noted elsewhere (Pike et al., 2020, p. 19). This is also complicated by different legislative frameworks. Commonly, the term ‘homicide’ refers to the killing of another either lawfully or unlawfully. In England and Wales it is further divided into the categories of murder, which requires evidence of an intention to kill or cause grievous bodily harm, or manslaughter, if intention to kill or cause serious harm is not evidenced. Manslaughter is further broken down into voluntary or involuntary manslaughter. Involuntary manslaughter occurs either when death happens in pursuant of an unlawful act or by gross negligence. Conversely, voluntary manslaughter occurs when the accused has the necessary intent to kill but evidences a partial defence to murder through either loss of control (formerly provocation), diminished responsibility or when the killing is part of a suicide pact (Coroners DOI: 10.4324/9781003195283-11

Cheryl Allsop and Sophie Pike

Justice Act, 2009; Homicide Act, 1957). Similarly, in the US the categories of homicide are broken down into murder, either first-degree or second-degree murder, and manslaughter, but these, too, are not without complexity (McCord et al., 2019). A similarly complex picture emerges when we look to consider the scale of homicide and the detection rate. Worldwide the numbers and types of homicides that arise year on year varies. The Americas and Africa typically see higher rates of homicide compared to Europe, 17.2 and 13.0 per 100,000 population versus 3.0 per 100,000, respectively (United Nations Office on Drugs and Crime, 2019, p. 13). There are differences also in the detection rates. In the USA there are lower detection rates than we see in Norway, where there is also a much lower homicide rate. In the UK it is estimated that around 90% of homicides per year are detected, which can often be attributed to the fact that usually the offender and victim are known to one another and it is quickly apparent what has happened. For the detective in charge of such an investigation, the focus is largely on putting together the case for the prosecution. For the remaining 10% the detective work involved is more complex as the suspect may not be immediately obvious. Innes (2003) refers to the differences between such cases as ‘self-solvers’ and ‘whodunits’. However, Brookman et al. (2018) note, despite substantial progress in forensic science, we have, to varying degrees over the years, seen a decline in homicide detection rates in the UK as well as the US. Although useful, and while also remaining mindful of the need for caution when comparing homicide and detection rates, a detection rate offers merely a partial insight into what it is like to investigate a homicide and the challenges that are faced. Homicide investigations in general have evolved significantly, particularly across the past few decades and particularly as the evolution of science and technology has picked up pace. These developments alone have changed the ‘toolkit’ that is available to detectives. This has had a significant impact on the ability of detectives to be able to more definitively say what happened during the commission of a murder. Widespread CCTV cameras that feature in many countries may pick up footage of a victim and offender just prior to the murder. DNA evidence is able to help detectives to identify who has left a trace on the victim. Such developments have also enabled investigative teams to ‘go back in time’ and solve cold cases (Allsop and Pike, 2019). Progression, however, is not always without concern (Guerrini et al., 2018). While it has been suggested that for some detectives it is these changes that have had the most significant impact (Pike, 2022), it is not just in respect of science and technology that there has been much progress and, more broadly, change. With scientific and technological advances have come changes in legislation and the ways in which detectives draw on outside expertise. As the media interest in crime and criminal investigation continues to grow and take new forms, so, too, does the way in which the media are used and managed. Ultimately, homicide investigation is complicated and in need of further examination, creating a timely need for this book. The Routledge Handbook of Homicide Investigation will be the first of its kind by providing readers with insight into a world about which we know relatively little and which is long overdue, as we aim to bring some of the issues outlined in this introduction so far to the forefront. We have established that investigating homicide presents numerous challenges, and many of these will be explored in the chapters that follow; what will become apparent is that there are many interlocking and overlapping opportunities and challenges in the investigation of homicide. At the same time it will become clear that homicide investigations have presented opportunities for innovation, and so, to highlight examples of good practice, this handbook will seek to explore some of the many different investigative tools and techniques that are drawn on. How this will be achieved is now indicated as we briefly set out the overall organisation of the book. 2

Introduction

The Organisation of the Handbook The chapters in part one, Homicide Investigations Worldwide, offer an understanding of the ways in which homicides are investigated in different parts of the world. Although space constraints and other considerations prevent us from including chapters that detail every country, included here are those shedding light on investigations in Norway, Australia and the USA. Additionally, this section commences with a chapter that provides an insight into the investigation of homicide in England and Wales but which also documents some of the opportunities and challenges faced when conducting research in this field, offering a methodological perspective for others interested in advancing knowledge of homicide investigation. Part two, Homicide Investigations: In Practice, comprises chapters that examine the processes and practices of homicide investigations. As we established earlier in this introduction, the perspective of those who are and have worked on homicide investigations is essential to being able to more comprehensively appreciate what is involved. As such, here we have chapters from former and serving senior investigating officers (SIOs) who share their perspectives on being SIOs and the complexities, challenges and rewards of the role as well as exploring complex decision-making in homicide investigations. Both chapters provide a critical, and unique, practitioner perspective. This section also explores some of the techniques and expertise drawn on in homicide investigations including digital forensics, the commercialisation of forensic science, forensic entomology, social network analysis, the use of the media, the role of psychologists, investigative interviewing, statement analysis and geographical profiling. There are other techniques that might be adopted during a homicide investigation, some more common than others, that do not feature here. Those that are will offer an in-depth insight into how they can be used to help investigators. We will also witness some of the problems that might be experienced. The previous chapters having provided a detailed understanding of the techniques that feature during homicide investigations in general, the chapters in part three, Homicide Investigations in Different Contexts, will explore how specific types of homicides are investigated. The chapters featured here include those concerned with domestic homicides and the role of the domestic homicide review (DHR), ‘honour’-based killings, corporate homicides, homicides with ‘hidden’ victims and ‘hard to solve’ homicides. Lastly, in part four, Homicide Investigations: Working With Survivors, our attention turns primarily to those who have been bereaved by homicide and their experiences of finding themselves in the midst of an investigation and other stages of the criminal justice system. Consideration of the victim in criminology is a relatively recent consideration, and there has historically been a more concentrated focus on the offender. In keeping with the importance that should be placed on the victim and the recognition that crime affects the victim, those around them and the wider community, this final part is dedicated to chapters that explore these issues. Our intentions with this handbook are to continue to build and bring together knowledge, understanding and experience of homicide investigations from the perspectives of academics and practitioners. Homicide investigations are based on collaborative working, and so, too, is this handbook; we thank our contributors for their critical part in this ‘investigation’.

References Allsop, C., and Pike, S., 2019. Investigating homicide: Back to the future. Journal of Criminological Research, Policy and Practice, 5 (3), 229–239. Brookman, F., Maguire, E.R., and Maguire, M., 2018. What factors influence whether homicide cases are solved? Insights from qualitative research with detectives in Great Britain and the United States. Homicide Studies, 23 (2), 145–174.

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Cheryl Allsop and Sophie Pike Coroners Justice Act 2009, c. 25. Available from: www.legislation.gov.uk/ukpga/2009/25/contents [Accessed 5 February 2023]. Guerrini, C.J., Robinson, J.O., Peterson, D., and McGuire, A.L., 2018. Should police have access to genetic genealogy databases? Capturing the Golden State Killer and other criminals using a controversial new forensic technique. PLoS Biology, 16 (10), 1–10. Homicide Act 1957, c. 11. Available from: www.legislation.gov.uk/ukpga/Eliz2/5-6/11/contents [Accessed 5 February 2023]. Innes, M., 2003. Investigating murder. Detective work and the police response to criminal homicide. London: Oxford University Press. McCord, D., Matsukura, M., and Follett, L., 2019. Differentiating higher level homicides: An empirical analysis of the impacts of legal definitions in the real world, plus an illumination of the understudied crime of second-degree murder. Drake Law Review, 67, 679–711. Pike, S., 2022. A recent history of homicide investigation. Changes and implications for criminal justice in England and Wales. Abingdon: Routledge. Pike, S., Allsop, C., and Brookman, F., 2020. Homicide in context. In: N. Loucks, S. Smith Holt and J.R. Adler, eds. Why we kill: Understanding violence across cultures and disciplines. 2nd ed. London: Routledge, pp. 19–33. United Nations Office on Drugs and Crime, 2019. Global study on homicide: Executive study. Available from: www.unodc.org/documents/data-and-analysis/gsh/Booklet1.pdf [Accessed 5 February 2023].

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PART I

Homicide Investigations Worldwide

1 BEHIND THE (CRIME) SCENES Researching the History of Homicide Investigation in England and Wales Sophie Pike

In the introduction to this handbook we noted that the investigation of homicide, particularly in England and Wales, is relatively under-researched and that this can, at least partially, be attributed to the challenges that can be encountered when trying to gain access to these investigations, which has been noted elsewhere (Brookman, 2015). As it stands, much of the research that has been conducted within this field emanates from the United States and tends to be quantitative in its approach (Brookman, 2015). Consequently, although there are notable exceptions (see, for example, Allsop, 2018; Brookman, 2015; Innes, 2003), detailed accounts of the experiences of qualitative researchers investigating homicide in England and Wales are in short supply. Adopting a starting point of the 1980s, my doctoral research explored the recent history of homicide investigations in England and Wales, the ways in which they have changed and what the subsequent consequences of change have been (Pike, 2018, 2022). What follows in this chapter is an insight into my experiences of conducting this research. Three methods of data collection were adopted: qualitative interviews with former and serving homicide detectives, examination of case files and observations of investigations and detective training. Each approach is discussed in turn here, beginning with the interviews, before the examination of case files and then observations are considered. However, the reader should note that the process was not linear and such is the nature of qualitative research; it was not the case that each stage of data collection was completed before the next began. Ultimately, it is hoped that this chapter will represent another step towards addressing what might be considered a gap in the existing literature around the experiences of conducting qualitative research on homicide investigation in England and Wales.

Ethical Considerations Ethical issues require careful consideration, and this is the case particularly when researching sensitive subjects such as this; indeed, this will likely be one of the first preoccupations for researchers regardless of the subject matter. Diener and Crandall (1978) suggest that there are four key ethical considerations that researchers must take into account: harm to participants, informed consent, invasion of privacy and deception. These reflect those outlined in the ethical guidelines of the British Society of Criminology. Although some ethical issues are discussed DOI: 10.4324/9781003195283-37

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here, others that I faced during the research process are raised where relevant elsewhere in this chapter. It was essential to ensure that the research was conducted in a way that did not hinder the work that was being carried out by the police services involved. This was an important consideration for this work due to the sensitivity of homicide investigations and the fact that ongoing cases were sometimes discussed. The British Society of Criminology (2015, p.  6) urges researchers to “be sympathetic to the constraints on organisations participating in research and not inhibit their functioning by imposing any unnecessary burdens”. Therefore, I abided by the request of the police service that gave me access to case files to only work on them within their offices. Additionally, when some interview participants asked to review the interview transcripts, this was permitted to ensure compliance with the code of ethics. Similarly, it was vital that any information I held, whether interview recordings, transcriptions of interviews or data from homicide files, were stored safely. The interview recordings were uploaded to an encrypted laptop, and interview transcripts and case notes were password-protected so they could not be accessed by anyone other than myself. To protect the identity of the individuals who were interviewed, the police services where they were or had been employed and cases, anonymity was assured for all who were involved. Pseudonyms were assigned to those interviewed to only illustrate whether they were a former or serving detective, and police services were not named. Although confidentiality was afforded to all police services and participants, I had to consider what steps I would take if they disclosed any illegal practices. I took the decision that should illegal practices be revealed to me, this would be something that I would raise with my supervisors to consider an appropriate way forward. Doing so would have allowed me to discuss what I had been told with two other individuals with knowledge of criminal investigations because, as Rowe (2007) suggests, it might not be easy to identify what is considered illegal. This is a difficulty that was compounded by my research spanning several decades and a time of much change in respect of the regulation of detective work. Although this approach may have jeopardised future access to detectives and the police, the potential repercussions of not disclosing illegal practices in the investigation of homicide far outweighed this.1

Speaking to the Detectives In short, qualitative approaches, as well as demanding flexibility: explore the social construction of reality . . . seek to understand the subject’s point of view . . . emphasise the need for reflexivity . . . emphasise the importance of depth of understanding . . . values context and aims to collect data in “natural” settings. (Wincup, 2017, pp. 3–4) This approach also aims to address the “deeper ‘why’ questions” (Westmarland, 2011, p. 82) and was therefore considered appropriate for my doctorate’s exploration of change. The selection of this strategy is reinforced by Brookman (2015, p. 236), who notes that the research of homicide has been dominated by quantitative researchers despite a qualitative approach providing “unrivalled insights into people’s inner thoughts, reflections, actions, and lived experiences”. Before commencing the research I knew that I needed to speak in detail to former and serving homicide detectives who had a range of experience of homicide investigations; taking a qualitative approach would enable me to achieve this. 8

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Identifying Homicide Detectives Brookman (2015, p. 242) writes that there are a number of important factors that play a part in obtaining access to conduct research in and around the world of homicide investigations, which include: a persuasive idea and plan, an appreciation of the ethics and sensitivity required to undertake the research, a good track record (if you are not “new” to the field), a little luck, and, perhaps most important of all, an introduction by a credible person who can vouch for you. With the exception of a good track record as I was new to the field, these factors all played an important role. When devising the research I believed that one of the biggest challenges would be finding former detectives to interview as they could not be identified and contacted through the police service, as might be the case with serving detectives. This, however, was an easier process than I had anticipated, and once ethical approval had been granted by the university, I eventually secured interviews with twenty-seven detectives from across England and Wales, comprising a nearly even split between serving and former detectives. Of the participants I interviewed, two were female former detectives and three serving female detectives. Given the position of female detectives in the history of major crime investigation, these numbers were somewhat expected. I also spoke to detectives of differing experience of homicide investigation, from those who had led investigations as senior investigating officers2 (SIOs) to those who had worked as family liaison officers3 (FLOs), ensuring a holistic view of how things have changed and what the impact has been across different aspects of the investigative process. The process of identifying detectives began when one of my PhD supervisors recommended a former detective that I could contact and who subsequently agreed to be interviewed. This participant then recommended other potential interviewees, and the process “snowballed” from there. Snowball sampling is defined as the “selection of participants or sources of data to be used in a study based on referrals from one source to another” (Yin, 2016, p.  340). A similar method was used to identify the serving detectives whom I wanted to speak to. I was mindful that this sampling method might be somewhat problematic whereby, in effect, the interviewees decide who would be useful for me to speak to and so they might hold similar viewpoints. Morgan (2008, p. 816) refers to this as a “biased subset”. An additional way in which I identified participants served to counter this concern. The first participant that I interviewed was a former detective still working within the police service, and they offered to send an email to their contacts, letting them know about my research and asking if they would be interested in taking part. I wrote a summary of my research intentions to be forwarded within the email. This acted as a cover letter and detailed, for example, what university I was from, the topic that I was researching and that I was interested in interviewing former and serving detectives. Soon after both former and serving began to contact me to say that they would be interested in taking part in my research. I also sent this overview to a serving detective superintendent, who forwarded it to their contacts, which generated further participants.

Interviewing in Practice The interviews took place across a two-year period and included an interview with a QC4 as I sought to obtain another perspective. This followed the emergence of data that revealed significant changes in respect of the legislation relevant to homicide investigations. The majority 9

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of the interviews were held within police stations. Most of the former detectives were still working for the police in a civilian capacity, allowing me to interview them at their place of work. Due to the fact that some of the interviewees were based some distance away, four were conducted via telephone. All interviews were recorded. As I wanted to ask the detectives to reflect upon their careers and consider how the investigation of homicide had changed, they can be considered to feature an element of oral history. Bryman (2008, p. 696) describes the oral history interview as asking participants to “recall events from his or her past and to reflect on them”. This is similar to the “life history” approach and these two terms can be used interchangeably. However, they differ in terms of their reach and focus: the oral history focuses on a particular aspect of someone’s life, whereas the life history looks at a person’s entire life. A key advantage of the oral history interview is the richness of the data that it can yield: Those who propose the use of oral history techniques, are not concerned with creating objective accounts, but rather seek to gather data which reflects the richness of human recollections on a particular subject. (Cockcroft, 1999, pp. 138–139) Consequently, the oral history interview was considered an appropriate approach; I would be able to ask the detectives to reflect on their careers and experiences of investigating homicide. With an oral history interview, the interviewer is concerned with particular events in history and asks questions accordingly. Therefore, I asked the former detectives how they felt when computerised systems were introduced for use in homicide investigations and how interviews were conducted before the introduction of the Police and Criminal Evidence Act in the early 1980s.5 I also interviewed several detectives after I had examined homicide case files and was able to ask the former detectives about particular techniques and practices that were detailed in those files. Although there was an element of oral history to all of the interviews, those with the serving detectives necessitated more focus upon the “here and now”. For instance, I asked the serving detectives how technology and science are used in homicide investigations today. All interviews were semi-structured; the semi-structured interview is one in which the interviewer has a list of questions to ask but where the participant has some freedom in how they respond (Bryman, 2008). In accordance with this, the interviews did not rigidly follow the list of questions that I had compiled, but generally, all interviewees were asked similar questions. To illustrate, I asked all interviewees to identify what they considered to be a key change in homicide investigation that occurred during their career and why. This allowed me to keep the interview focused on the relevant topic but gave the interviewee freedom in how they answered. Ultimately, the interviews were flexible and the key objective was to obtain the view of the participants. The use of an interview schedule ensured that the conversation remained on topic and that the questions did not stray too far from the subject matter. On average, the interviews lasted around 90 minutes, although some were much longer, with one lasting nearly three hours. The clear benefit of longer interviews was the detail that emerged, which was important given that my focus encompassed more than three decades. However, it would be fair to say that the longest interview was challenging and it could be difficult to keep this interview on topic, although relevant information was undoubtedly gleaned. The balance between directing the interview so that it remains on topic and remaining what Yin (2016, p. 144) calls “nondirective” can be difficult to achieve. This was heightened since I considered it important that I was not the dominant voice and intended to “speak in modest 10

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amounts” (Yin, 2016, p. 144). To achieve the detectives’ perspectives I needed to allow them to speak relatively freely and the balance was mostly achieved, but this particular interview went slightly awry at times. This experience also reaffirms the importance of audio recording the interviews, for it would have been difficult to capture the level of detail provided in three hours with just handwritten notes. Perhaps surprisingly, some of the shorter interviews were particularly fruitful. These were those conducted by telephone and typically lasted under an hour. Although my approach to identifying participants meant that I was able to reach those who were or had worked across England and Wales, a limitation of this was that they could not all be conducted face-to-face. One of the advantages of the face-to-face interview is that it can help to establish rapport, and I was initially concerned that this would not be easily achieved through a telephone interview. However, Bryman (2016, p. 485) notes that “concerns about data quality in the telephone mode are not as great as sometimes feared”, and this corresponds with my experiences.

Looking Back Cockcroft (2005) noted that the issue of memory is a pertinent concern when oral history interviews are employed, as they require asking participants to look back at particular points in their lives sometime after that event. Whilst it is not possible to be certain, I was quite confident that this did not impede the interviews. Although I was asking the former detectives to look back on their careers, some of which began in the 1970s, there was no indication that they were having difficulty remembering anything; the accounts offered appeared detailed and vivid. Each of the former detectives had worked within the police service for more than 20  years, which may explain their seemingly accurate memory. There was also a risk that the former detectives would look back on their experiences with “rose-tinted glasses” (Weinberger, 1995) since the pressures of the time are no longer such a burden on them. However, whilst it might be argued that asking interviewees to reflect upon what was in some cases a period of 35 years, these are issues that are commonly associated with all forms of interviewing. More broadly, the “possibility of concealment, embellishment, exaggeration, mixed messages, or outright deception cannot be overlooked in any conversation” (Brookman, 2015, p. 241); therefore, a researcher can never be certain that participants have not forgotten anything or that their perspectives have not been distorted by the passage of time. Moreover, the recurrent themes that were evident in the eventual findings also indicate that asking the detectives to look back had not obviously proven detrimental to the data.

Asking Difficult Questions Some of the detectives that were interviewed had worked or were working for police services that had seen miscarriages of justice, and some had worked on such cases. I was mindful of this when conducting these interviews and pursuing related lines of questioning. It was important that I obtained the information that was needed in a way that did not make interviewees nervous or unwilling to divulge information. Therefore, rather than directly ask about particular cases, I asked the former detectives what it was like to work at a time when criminal investigation was being regularly criticised and asked the serving detectives whether they felt the impact of legacy cases many years later. Despite my concerns that the sensitivity of some topics might lead the interviewees to “close down”, which may also have proved detrimental to obtaining further contacts, the interviewees presented as frank and forthcoming about their experiences and perspectives. The former detectives spoke candidly of investigative practices 11

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that took place during the 1970s and 1980s, such as listening in on suspects when they were in the cells and how they would sometimes be left for a “night under the clock” until the detectives were ready to speak to them. Cockcroft (2005) also found that interviewees were open when discussing corruption and scandal within the police and suggested that this could be attributed to the fact that the participants were retired. Although several of the retired detectives that I spoke to were still working for the police in a civilian capacity, this explanation could be relevant here given their change in position. An alternative explanation is that some of what went on in the past might have been considered accepted practice, so there would be no reason to not be forthcoming about the reality of the investigation at that time; however, the serving detectives seemed equally as forthcoming. Perhaps the police are now keen to be seen as open and transparent and were therefore happy to engage in these discussions. Perhaps the measures taken to assure confidentiality provided sufficient reassurance. Nevertheless, it is accepted that it is not possible to be fully certain that what was revealed during the interviews was a true reflection of the participants’ views and experiences.

An Alternative Perspective The interviews with the detectives revealed substantial legislative change that had impacted upon the trial process, and it became necessary to seek the insight of those involved with this stage. I mentioned this to a serving detective that I had interviewed, and he contacted a QC to see if he would be interested in speaking with me. The QC agreed and the interview was arranged. The information that I gathered proved helpful, for it provided an alternative outlook on some pertinent issues. I therefore decided to speak to additional QCs and made several attempts to secure interviews, but it was not possible to arrange any further interviews. This occurred during the latter stages of the research, and although the question of how many interviews should be conducted in qualitative research is a difficult one to answer, a decision had to be made about whether to include data from an interview with just one QC. However, although the lack of other interviews meant that caution was needed when drawing on the content of this interview, it gave at least a small indication of how change has influenced trials and how the views of the detectives compared to others working in the criminal justice system.

Protecting Investigations Whilst all participants agreed to being audio recorded, a small number of participants asked to see the transcripts afterwards to edit them if ongoing cases or other sensitive information had been discussed. Although I  agreed to this, there was a risk that the interviewee might remove useful information. However, the information removed included details about the homicides themselves, as opposed to the investigative process. Since the focus of this research was upon the changes to investigations over time and the impact on how homicides are investigated, the deletion of information pertaining to cases did not have an impact upon the data collected. Regardless, the need to protect investigations takes clear precedence here, and the research must always take second place to this. Although I had initially anticipated that the course of identifying participants and arranging the interviews would not run smoothly, this proved to be mostly unfounded. The interviews proved not only to be informative and enabled me to gain the data that I required but also an enjoyable experience even in light of the subject matter. Nevertheless, as we saw during our discussions on memory, for example, the use of interviews is not without challenges. Additional steps were therefore taken to increase the dependability and breadth of the data but 12

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which also served to develop my understanding of the manner in which homicide is and was investigated. It is to these that I now turn.

Examining Police Murder Files I examined police case files of murder investigations that took place across the time periods that I was researching, which was essential in gaining an understanding of the past and present. Three files were examined: an unsolved homicide from the 1980s, an unsolved homicide from the 1990s and a homicide from the 2000s that had seen the identification and conviction of the offender. Brookman (1999) discusses some of the problems in using police murder files in research, notably the issue of gaining access to them, highlighting that it is whom you know that plays an important part in this. I was able to successfully request to look at the case files held by one particular police service. It was no doubt helpful that I had interviewed some members of this team and so had by this point shown that I was a credible researcher. The detective chief inspector (DCI) who acted as gatekeeper provided me with case files to view. Having already interviewed this detective, they had a good understanding of my research and chose the files accordingly. They chose a file from each of the decades with which my research was concerned. The detective explained that they also chose these files as they detailed less typical homicides, as two were unsolved cases and the third was a stranger homicide that had been solved. Although the case files that were examined were from the same police service, the more unusual nature of the cases countered any possible concerns around representation. On reflection, however, it may have been useful to have looked at a case file pertaining to a more “typical” case. Those that I  did examine could be considered “whodunits” (Innes, 2003), whereas the data later revealed that the so-called “self-solver”6 cases can be as challenging to investigate, albeit in different ways. Therefore, some further insight into such cases through the examination of additional files might have further enhanced the data. It was important to ensure that the cases would not be identifiable in order to protect those involved and ongoing investigations. Only the decade in which they occurred was noted as this was important in achieving the research objectives but would not lead to the identification of the cases or those involved. Quite deliberately, I did not note down any information that might identify the case, such as particular details about the victims. This was achievable since such detail was often not relevant to the research, but it meant that there would be no risk of my including any identifying features. Additionally, I was permitted to examine the files only whilst at the team’s offices. Viewing the files whilst stationed here also allowed me to obtain more insight into the day-to-day running of investigative teams and to ask questions about the case files that I was examining. Relatedly, the examination of the case files was carried out whilst I was still conducting interviews, and they provided me with additional lines of questioning. I noticed, for example, that there was little mention of budget within the case files of the 1980s but that reference to budget increased through the 1990s and 2000s case files. I was then able to ask interviewees about the financing of homicide investigations. I conducted this part of the research after having held the majority of the interviews and when starting my initial analysis, during which I had identified several emerging themes. I kept these themes in mind as I looked through the case files, allowing me to make links between what the detectives had said about investigations during the interviews and what was written in the case files. I was also aware that the case files that I looked at were different in format depending upon what decade they were from, so direct comparisons could not be made. As well as other paperwork pertaining to the cases, I had access to the policy file for the 1990s 13

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and 2000s cases but what was referred to as a “Crime Report” for the 1980s case. The “Crime Report” provided a summary of all the actions and decisions taken during the investigation whereas the policy files provided more detail as to the decisions that were taken on a day-by-day basis. I therefore had to be cautious about drawing comparisons in terms of the content of the files and how they were written. Nevertheless, each yielded much useful information. Contained within the documents that I analysed were reports from various experts, such as behavioural profilers, images depicting the injuries that the victim had sustained, statements that had been made to the police and records of the actions that were taken and the decisions that were made during the course of the investigation. Whilst the use of unsolved cases did not allow me to see how they were resolved, this proved to be particularly advantageous. Unsolved cases are regularly reviewed (Allsop, 2018), and this was no different for the 1980s and 1990s cases that were examined, with reviews taking place more than two decades after they had occurred and being documented within the files. This gave me a present-day perspective on those past cases. This was especially useful in understanding the impact of changes in science and technology as later reports contemplated re-testing various exhibits in light of improvements to DNA testing. As mentioned previously, during the examination of the case files I  viewed crime scene photos and read other documents which detail murder cases. I also encountered other graphic materials when conducting the observations, so it is important to take a moment here to consider the issue of researcher welfare. Generally I did not struggle with viewing such material. However, I viewed what was referred to as a “body graphic”, which was the drawn outline of a victim with multiple knives illustrated showing where the many stab wounds had been inflicted. I found this to be more jarring than seeing photographs of homicide victims.7 Thus, this issue is a real consideration for researchers in this field because it cannot be known how they will react until they are in those situations. Ultimately, I felt that seeing these images was important for it reminded me of the reality of what murder is. This can be all too easy to forget when immersed in a piece of work, so it was quite sobering. Furthermore, as a researcher, I  would have found it difficult to develop the understanding and gain the insight that was needed to complete this work if I were to shy away from the grim realities of what the detectives who investigate murder have to face. Returning to the use of documents in research, the benefits of using these resources are evident. They “provide a rich source of data on homicide” (Brookman, 2015, p. 237) and have long been an important tool in historical research (Noaks and Wincup, 2004), but that is not to say that this approach does not also present some limitations. Brookman (2015, p. 237) urges that caution should be exercised when viewing documents and researchers should be mindful of their “socially constructed nature”. As such, Brookman (2015, p. 238) suggests that documents should be considered a “resource of and for social research” (see also Brookman, 1999). Specifically, documents can be used to provide information about the topic itself or as a means of providing information about those producing the document. In the case of my research, the documents yielded information in both respects. The case files provided considerable information about murder investigations, therefore becoming a source for social research. At the same time, these documents contained important clues about how detectives justify and rationalise their decisions. Indeed, the SIO policy file is designed so that the top of the page records the date, time and the decision made and the bottom half of the page records the rationale. Moreover, the potential for the later scrutiny of such documents was also apparent, and it was clear that the detectives were mindful of how they author these documents, with reference often made in the 2000s murder files to various pieces of legislation or guidance that the decisions aligned with (Pike, 2018). Although it may have been dependent on the case 14

Behind the (Crime) Scenes

itself, this was not observed in the documentation from the 1980s that were examined. The documents could therefore also be considered a resource of social research. As I noted in the previous paragraph, there were differences between the documents that I viewed depending on the decade from which the case originated. The importance of remaining conscious of the socially constructed nature of documents was therefore imperative. The use of other research methods is common alongside documentary analysis (Bowen, 2009) and also helps to minimise these concerns. The interviews, in particular, had an important role to play here as I was able to discuss the content of the “Crime Report” with detectives who had worked on this case. A similar approach was adopted by Cockcroft (1999) in an examination of the history of the police; documents were used to obtain the written version of events, but interviews were used to probe the issues further.

Watching the Detectives This research was focused on homicide investigations past and present, but it would clearly not be possible for me to observe the past in person. However, the observation of present day investigations provided invaluable insight and was no less revealing than the other methods. I spent two days observing training and two days at the offices of a major crime team. I spent an additional two days at those offices looking through the case files, as discussed previously, during which time I was also able to observe and speak to those present. All observations were overt, and so the individuals that I met understood why I was there. There are disadvantages to conducting observations in this way. As Gray (2009) acknowledges, when individuals are being observed there is a risk that they will change their behaviour. However, it would have been unethical, not to mention very difficult, to conduct such observations covertly. My role therefore was very much that of what Bryman (2016, p. 437) refers to as the “non-participating observer with interaction”, which is defined as follows: “observes (sometimes minimally) but does not participate in group’s core activities. Interaction with group members occurs, but often tends to be through interviews, which along with documents, tend to be the main source of data”.

A Major Crime Team at Work Upon arrival at the offices of the major crime team, I  was met by the DCI, and during an initial chat over coffee, I informed him in more detail what my research entailed before I was introduced to some other members of the team. What struck me most at this stage was the office itself. At the time of my visit I had already conducted several interviews, including those with former detectives. From the way that they had described the environments in which they had worked I was sure that these were a world away from those of the 1980s, where there would be reams of paper and handwritten index cards and detectives smoking. These offices reminded me of those that I had worked in when employed by a local authority as they were quiet and dominated by computer screens. It also occurred to me that the reality of the setup here was also very different to those portrayed by fictional portrayals of homicide investigations, which seem to show detectives rushing about, having intense conversations and loud excitement at a breakthrough in the case. The atmosphere here was altogether calmer with everyone busy at work. One of the detectives that I was introduced to was a detective who was, amongst other cases, working on a cold case investigation from the 1980s. They showed me the paperwork from this investigation. Although I had spoken to former detectives by this point, this was the first time I had seen any exhibits from the past – it was my first real glimpse of past investigations. The sheer volume of paperwork would have been difficult to imagine without seeing it 15

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firsthand. There was a tall filing cabinet that was full of handwritten index cards, which in the absence of computers in the early 1980s was the only way of storing information. There was also a cupboard full of folders that contained statements and other paperwork pertaining to the investigation. These files later formed part of the case file examinations documented earlier in this chapter. I also attended a briefing of a homicide case that was being investigated. Before the briefing commenced I observed what might be described as a prebriefing, whereby the individuals that were the leads for the various strands of the investigation updated the SIO and the deputy SIO as to the investigation’s progress. The interviews to this point had revealed that it can be difficult for today’s SIOs to keep on top of the minutiae of investigations, particularly those featuring complex technological evidence as this case did. Five other individuals as well as myself attended this meeting. As they were discussing an ongoing investigation I felt somewhat inhibited about taking notes as I did not want those present to be concerned that I was noting down specific details about the case. This is an important consideration as Rowe (2007, p. 40) in his research of police found that “the way in which [he] completed [his] field notes seemed to influence the extent to which officers talked freely”. However, I had a few minutes to myself after this meeting and before attending the full briefing to note down my observations. I was particularly interested to attend the briefing having been told about them during interviews and since there seemed to be significant differences to how they were conducted in the past. The former detectives had described briefings as being very much directed by the SIO, whereas the serving detectives described them as being more of a two way process. The briefing was held in a large meeting room, and there was a computer and projector at the front. More than 20 individuals attended. I sat at the front of the room. At this stage an individual with a camera entered the room. Researchers may sometimes be faced with unpredictable situations for which they are unable to plan, particularly during observations, and in that moment this came to fruition for me. The SIO explained that they were the subject of a television documentary and that over the coming months they would be filming the team’s work. The SIO then continued to introduce me to the room, briefly explained my research and proceeded with the briefing. Afterwards I spoke with my PhD supervisors about the possible repercussions of my being seen in a documentary that was revealing the identity of this particular force, given my undertaking to conceal all forces and individuals participating in the research. We agreed that it would not be appropriate for me to be visible in this footage, and I contacted the SIO to stress that in order to maintain the anonymity of the police services and individuals involved in my work, and to generally protect the integrity of my research, I would need to be “blurred out” of the filming. This was arranged. The briefing was structured in two parts. The first appeared to take the form of a “usual” briefing, and the SIO started by providing an overview of the case and the investigation before inviting other members of the team to provide updates. The second part of the briefing focused upon the complex mobile phone evidence. Although aspects of this were a little difficult to follow as I only had a rudimentary understanding of the case, it certainly provided me with useful data. In particular, there were discussions around the difficulties being experienced by the team in accessing and retrieving data from some of the newer mobile phones. This became an important line of questioning during later interviews. Whilst in the meeting prior to the briefing I had felt that I did not want to take notes, I felt note-taking in the full briefing was acceptable as others were also taking notes and the setting was not so intimate. In summary, the observations enabled me to see in action some of the things that I had been told or had read when viewing case files. My view on the necessity of the observations is encapsulated by Yin (2016, p. 150): “ ‘Observing’ can be an invaluable way of collecting data 16

Behind the (Crime) Scenes

because what you see with your own eyes and perceive with your own senses is not filtered by what others have reported to you or what the author of some document might have seen”. The observations provided the context necessary to appreciate what the interviewees were telling me during the interviews. It would have been difficult to fully understand the challenges faced by detectives investigating homicide today had I not experienced firsthand at least some of what this work entailed.

SIO Training I also attended and observed training sessions for those intending to become SIOs in another police force area. I felt that attending this training would be beneficial since much of the literature reveals that historically detectives would learn by shadowing others in the absence of formalised methods (Innes, 2003). Indeed, my findings eventually revealed that the opportunity to shadow investigations and learn “on the job” is still considered especially important. The areas covered on the first day of the training were varied and included the detectives taking part in a mock court appearance before a former Crown Prosecution Service (CPS)8 lawyer to request a warrant for further detention, after which they were provided with a debrief as to their performance. The CPS lawyer also held a general discussion session about appearing in court as a detective, during which he talked about the differences in the way in which evidence is given today by detectives compared to the past. The following week I attended another day of training, and this, too, proved to be highly beneficial as the training covered DNA profiling and the investigation of major crime, which included a talk by a retired detective. Identification procedures were also discussed. This also provided me with further contacts to interview and raised other areas of questioning that I could pursue during subsequent interviews.

Conclusion It has been established that even with some luck and contacts, the qualitative research of homicide investigations is not without challenges. From deciding whether or not to take notes during briefings to facing ethical dilemmas that could not have been predicted, the qualitative researcher in this field may be confronted with the need to make difficult decisions at any given moment. Equally, it has been demonstrated that there is much to be gained. Taking this approach provides a firsthand look into a world whose media representations are often distorted and somewhat unreliable as a source of insight. It offers the opportunity to speak in depth with those responsible for investigating – or prosecuting – homicides and, as was especially important to my research, have lived through several often turbulent decades in which there has been much change. It was the aim of this chapter to inform future researchers about the possible successes and challenges of conducting research in this field to highlight the complexities that are often involved to perhaps aid planning. However, this chapter also aims to encourage going behind the scenes so that we can continue to enrich our understanding of the ways in which homicides are (and have been) investigated.

Notes 1 It should be noted that nothing was disclosed that warranted such steps to be taken. 2 As defined in the Major Crime Investigation Manual (National Police Chiefs’ Council Homicide Working Group, 2021, p. 14) the SIO’s primary role is “team leader providing investigative focus, coordinating and motivating the team. They are accountable for every facet of the enquiry, and should manage a range of internal and external resources to maximum effect”.

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Sophie Pike 3 The FLO’s role is to “gather evidence and information from the family to contribute to the investigation, preserve its integrity. The FLO also also provides support and information, in a sensitive and compassionate manner, securing confidence and trust of families of victims of crime (primarily homicide), road fatality, mass disaster or other critical incident, ensuring family members are given timely information in accordance with the needs of the investigation” (College of Policing, 2023, para. 1). 4 QC refers to the Queen’s Counsel. As described by the Ministry of Justice (2020, no pagination), in England and Wales this title is “awarded to those who have demonstrated particular skill and expertise in the conduct of advocacy”. Since this research was conducted, QCs are now referred to as KCs, or the King’s Counsel. 5 The Police and Criminal Evidence Act 1984 aimed to “regulate the investigation of crime” with focus placed particularly on police detention, questioning and treatment of suspects in custody (Cape and Young, 2008, p. 1). 6 According to Innes’ (2003, p. 197) research, self-solvers are cases in which the “suspect was identified comparatively easily and thus police investigative activities were focused and directed towards substantiating their involvement in ‘causing’ the fatal interaction”. Conversely, “whodunits” were those cases where the suspect was not immediately obvious and therefore much investigative work was required to establish who they were (Innes, 2003). 7 Ironically, a detective I spoke to at a later date explained that “body graphics” are used in trials to avoid, where possible, showing the jury images of a victim’s injuries. 8 Operating in England and Wales, the CPS are, amongst other duties, responsible for prosecuting cases that have been investigated by the police and ensuring that charges are appropriate (CPS, 2017).

References Allsop, C., 2018. Cold case reviews: DNA, detective work and unsolved major crimes. Oxford: Oxford University Press. Bowen, G.A., 2009. Document analysis as a qualitative research method. Qualitative Research Journal, 9 (2), 27–40. British Society of Criminology, 2015. British Society of Criminology statement of ethics for researchers. Available from: Ethics (britsoccrim.org) [Accessed 29 May 2022]. Brookman, F., 1999. Accessing and analysing police murder files. In: F. Brookman, L. Noakes and E. Wincup, eds. Qualitative research in criminology. Aldershot: Ashgate, pp. 46–61. Brookman, F., 2015. Researching homicide offenders, offences and detectives using qualitative methods. In: H. Copes and M. Miller, eds. The handbook of qualitative criminology. New York: Routledge, pp. 236–252. Bryman, A., 2008. Social research methods. 3rd ed. Oxford: Oxford University Press. Bryman, A., 2016. Social research methods. 5th ed. Oxford: Oxford University Press. Cape, E., and Young, R., 2008. Introduction. In: E. Cape and R. Young, eds. Regulating policing. The Police and Criminal Evidence Act 1984: Past, present and future. Oxford: Hart Publishing, pp. 1–19. Cockcroft, T., 1999. Oral history and the cultures of the police. In: F. Brookman, L. Noakes and E. Wincup, eds. Qualitative research in criminology. Aldershot: Ashgate, pp. 130–140. Cockcroft, T., 2005. Using oral history to investigate police culture. Qualitative Research, 5 (3), 365–384. College of Policing, 2023. College of Policing. Available from: Family Liaison Officer (FLO) – College of Policing https://profdev.college.police.uk/professional-profile/family-liaison-officer-flo/ [Accessed 1 August 2022]. Crown Prosecution Service, 2017. The Crown Prosecution Service. Available from: cps.gov.uk [Accessed 29 July 2022]. Diener, E., and Crandall, R., 1978. Ethics in social and behavioural research. Chicago: University of Chicago Press. Gray, D., 2009. Doing research in the real world. 2nd ed. London: Sage Publications. Innes, M., 2003. Investigating murder. Detective work and the police response to criminal homicide. London: Oxford University Press. Ministry of Justice, 2020. New Queen’s Counsel welcomed by Lord Chancellor – GOV.UK. Available from: www.gov.uk [Accessed 29 July 2022]. Morgan, D.L., 2008. Snowball sampling. In: L.M. Given, ed. The SAGE encyclopaedia of qualitative research methods. London: Sage Publications, p. 816.

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Behind the (Crime) Scenes National Police Chiefs’ Council Homicide Working Group, 2021. Major Crime Investigation Manual (MCIM 2021). Available from: college.police.uk [Accessed 1 August 2022]. Noaks, L., and Wincup, E., 2004. Criminological research: Understanding qualitative methods. London: Sage Publications. Pike, S., 2018. A critical exploration of changes to the investigation of homicide in England and Wales from the 1980s to the present day. Thesis (PhD). University of South Wales. Available from: Sophie_ Pike_PhD_FINAL_PDF.pdf (southwales.ac.uk) [Accessed 26 July 2022]. Pike, S., 2022. A recent history of homicide investigation. Changes and implications for criminal justice in England and Wales. Abingdon: Routledge. Rowe, M., 2007. Tripping over molehills: Ethics and the ethnography of police work. International Journal of Social Research Methodology, 10 (1), 37–48. Weinberger, B., 1995. The best police in the world. An oral history of English policing. Hampshire: Scolar Press. Westmarland, L., 2011. Researching crime and justice: Tales from the field. London: Routledge. Wincup, E., 2017. Criminological research: Understanding qualitative methods. 2nd ed. London: Sage Publications. Yin, R., 2016. Qualitative research from start to finish. 2nd ed. London: The Guilford Press.

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2 HOMICIDE INVESTIGATIONS IN NORWAY Ivar Fahsing, Tor Kallmyr and Frode Lier

Norway: A Short Introduction If you are a fan of Nordic noir crime fiction, you could be misled to think that the cold Nordic region is a hotbed for murder and despair. But in fact, far more people get killed in books than in reality. Relatively speaking, there are very few murders in Norway. The trend for the past few years has been at a stable low number. That does not mean the Norwegian police never have to deal with the occasional murder, but even in the capital city of Oslo, homicides are far from an everyday occurrence. In 2019 there were 310,120 incidents reported to the Norwegian police across the country, the lowest figure in ten years. Petty crime such as theft makes up the most significant proportion of reported incidents (SSB, 2020). Sexual crimes and domestic abuse have risen recently, but the numbers remain relatively low. The most surprising number, however, especially from an international viewpoint, is the murder rate. Only 29 people were killed in Norway in 2022 (Kripos, 2022b). To put that into perspective, Norway’s population is around 5.5 million. It is the highest figure in nine years, but it is no outlier. During the last ten years, the number of annual homicides has been between 23 and 29, aside from 2013, when it hit 41, and 2011, when it, unfortunately, peaked at 110 due to the 77 people killed in the 22nd July terrorist attack (Kripos, 2018). A recent report in a leading national newspaper showed the murder rate in Norway had been roughly half that of Sweden since 2002 (Hegtun, 2021). The number is so low that Norwegian newspapers can print articles each year listing the details of every murder. Stable societies have stable patterns when it comes to murder as well. “This reflects that Norway, for the most part, is a safe society to live in”, said homicide researcher and criminologist Vibeke Ottesen at the University of Bergen (Ottesen, 2014, para. 4). From a broad and historical perspective, it is almost not possible for the rate of murders to drop below the number recorded in Norway (Grøndahl, 2019). Grøndahl (2019) explains this by highlighting four factors: Norway’s stable governance and laws, the public’s high trust in political leaders and judicial system, a strong sense of community and ties between people in society and the fact people, in general, believe society to be just and fair. Nothing indicates that these trends are reversing. A recent survey conducted by statistics agency Kantar on behalf of Norway’s police found that eight out of ten people in Norway said they trusted the police in 2020. Some 94 per cent of respondents also said they feel safe in the areas they live and spend their time. 20

DOI: 10.4324/9781003195283-4

Homicide Investigations in Norway

Who Are the Perpetrators? The Norwegian killer is most often a man attacking someone he knows, lives with and/or is related to. In 15 of the 29 cases last year, the accused was a relative or someone close to the victim (Kripos, 2022b). About 70 per cent of the perpetrators are Norwegian citizens, unemployed or receiving social security benefits and were under the influence of alcohol or drugs at the time of the incident. Stabbing was the most common way in which the killings occurred, and over the last ten years, 70 per cent of the homicides have taken place in either the home of the victim, the offender or their shared home. About 25 per cent of the homicides are committed by a male perpetrator toward his female partner (Kripos, 2022b). A study of 177 intimate partner homicides found that in 70 per cent of the cases there were one or several earlier reported cases of domestic violence (Vatnar et al., 2021). Better and more effective prediction and prevention of these murders is highly prioritised, and a multidisciplinary working group has recently delivered their report and recommendations for achieving this (NOU 17, 2020).

Mental Illness as a Factor At first glance, about 70 per cent of the homicide perpetrators in Norway have some kind of mental disorder (Olsen, 2010). The accurate picture behind this seemingly very high number, however, is complex. About half of the general population will develop a mental disorder in their lifetime (Mykletun et al., 2009). Other characteristics aside from mental disorders are also overrepresented among homicide offenders, such as the male gender, lower education and unstable housing (Olsen, 2010). Hence, neither factor alone causes violence. The mental disorders that are most closely associated with homicide are substance use disorders, dissocial personality disorders and psychotic disorders, most typically schizophrenia (Olsen, 2010). However, this fact does not necessarily mean that these disorders cause homicide. Considering psychotic disorders, other risk factors are essential, such as substance use, victimisation or financial crises (Elbogen et  al., 2016). Two groups of psychosis symptoms seem particularly associated with violence and homicide. The first are persecutory delusions in which the affected persons believe that someone will hurt or kill them and that someone has taken control of their thoughts and emotions. The second is strong negative emotions of fear and anger (Grøndahl, 2019). As was set out previously, private homes, the use of knives and acquaintanceship are the most common crime scene type, methods of murder and relationship types in homicides in Norway. This is valid for homicides with and without a perpetrator with a severe mental disorder. However, for perpetrators with a severe mental disorder, the portion of victims that are a parent of the perpetrator is elevated compared to other homicides (Kripos, 2022a). For an offender to escape criminal liability for homicide, it must be made clear that the perpetrator’s perception of reality was seriously disturbed at the moment of the crime. The courts make the final decision, and about 20 per cent of the accused homicide perpetrators are found not criminally responsible for such reasons (Kripos, 2022a).

Attempted Murders Are Increasing The number of attempted murders has more than doubled in the last five years, from 22 in 2016 to 57 in 2022 (H. Engvold, Kripos, personal communication, 18 September 2023). Vibeke Schei Syversen, head of the Violent Crime Section at NCIS1 (Kripos), is worried about 21

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the trend. “It worries us that it has increased considerably because there is a delicate balance between murder and attempted murder. There are small margins”, she said (Tennøy and Misje, 2020, para. 3). The increase and the expressed worry from the police are disputed. The Chairman of the National Association of Criminal Defense Lawyers, Marius Dietrichson, states that the most probable explanation for the numbers is a new policy for when to charge for attempted murder. He claims the dramatic increase seems odd held against the fact that almost all other crimes in the national statistics are declining (Røset, 2020). It is hard to say what the reality behind this is as the only source for criminal statistics in Norway are crimes reported to the police. Hence, there are few other national sources available that can counterbalance the claim that attempted murder is on the rise.

Small Is Not Always Beautiful Criminal investigations in Norway are provided by the country’s single national police service called “Politiet” (the Police). It consists of a central National Police Directorate, ten speciality agencies and 12 police districts. The government agency is subordinate to the Ministry of Justice and Public Security and has 18,000 employees, of which 11,000 are police officers. In addition to police powers, the service is responsible for border control, specific civil duties, coordinating search and rescue operations, counterterrorism, highway patrolling, criminal investigation and prosecution. The Norwegian Prosecuting Authority is partially integrated with the police. The 12 geographical police districts are led by a chief of police and are subdivided into several police stations in towns and cities. Specialist agencies within the services include the National Criminal Investigation Service (KRIPOS), the National Authority for Investigation and Prosecution of Economic and Environmental Crime (Økokrim), the National Police Immigration Service (PU), the National Mobile Police Service (UP), the Commissioner the Norwegian-Russian Border, the Commissioner for Svalbard, the National Identification Centre and the Norwegian Police University College. The Police Security Service is separate from the National Police Directorate and reports directly to the ministry. A homicide investigation is typically carried out by the local police service under formal supervision of the regional prosecution service who reports to the Director of Public Prosecutions. The two-track system (see Figure 2.1) is unique for Norway and a few other countries worldwide. Prosecutors integrated into the police constitute the largest part of the prosecution service. The closeness and cooperation between the prosecution and the senior investigating officer (SIO) are traditionally seen as a strength in the Norwegian criminal process. SIOs and prosecutors working as one team is highly effective and facilitates the necessary “need for speed” in the early phases of major crime investigations. In Norway, it is often praised and seen as a guarantee of high quality in the investigative process. There are undoubtedly many benefits to this system; however, Norway has had severe cases of miscarriage of justice in recent years. Hence, a two-track system is not a guarantee against errors of justice. One must ask if the lack of close cooperation between the police and the prosecution in some situations may deprive the process of a much-needed distance and critical views in the investigative process (Fahsing, 2016; Politijuristene, 2018). Moreover, the shared responsibility might also blur who actually is in charge of the investigation. The Director of Public Prosecutions has repeatedly declared that there is no room for such doubt. It is the prosecutor who leads the investigation. That could be the

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Homicide Investigations in Norway

Figure 2.1  Two-track system

end, but this silent tension between the detectives and the prosecutors has been looming for at least 50 years. One could argue if repeated declarations from the top are necessary, it might be a sign of precisely the opposite – namely, that there is much more uncertainty in the relationship between police prosecutors and detectives than the involved parties are willing to admit. This debate is only about to begin in Norway, and we will not take it any further here. The clearance rate for murder is amongst the highest in Europe. From 2011 to 2020, only three of the 288 reported homicides remain unsolved (Kripos, 2020). Clearance rates on serious crimes such as homicide are of vital importance. On the other hand, as highlighted by Brookman and Innes (2013), there are several other very important perspectives on quality in homicide investigations. We will return to some of these later in the chapter, but handling a murder investigation requires expertise in all stages of the process. Perhaps the most intriguing aspect of murder investigations is that there is little room for error. If it is to be performed satisfactorily, it requires the right people, at the right place and at the right time (Flanagan, 2008). Norway is a sparsely populated and the sixth-largest country in Europe (385, 207 sq km). This means that if a murder happens outside one of the larger cities, the necessary expertise to handle it can be quite far away. Therefore, specialists from KRIPOS will assist the local police with expertise ranging from investigative management, analysis, interviewing and forensic services. Hence, stable expertise in homicide investigations is probably only available at KRIPOS and the Criminal Investigation Department (CID) in the larger cities such as the Oslo region, Bergen, Trondheim and Stavanger. How to handle this lack of stable expertise at a national level is an ongoing discussion. In 2016 a Cold Case Unit was established at KRIPOS. The unit is there to assist local police forces on whether to reopen historical cases and also to build knowledge on why the initial investigations went wrong in the first place.

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Fire in Paradise “We may have limited capacity, but we solve our murders and do not put innocent people in prison”. That was perhaps the shared inner conviction of some Norwegian homicide detectives until quite recently. High clearance rates were seen as a sign of professionalism, and not solving your case was seen as a burden not only for the SIO in charge but for the entire police force. Until the mid-1990s the expertise of Norwegian homicide detectives was relatively undisputed. The reputation of the travelling homicide squad was immensely high. The mere confidence of the arriving squad and intense media coverage often turned “whodunits” into “self-solvers” almost like magic. The travelling detectives from NCIS were almost untouchable. These fairy-tale-like conditions were, however, soon about to be dramatically changed.

The Birgitte Case Birgitte Tengs was a 17-year-old girl from Koppervik in Norway. She was killed on the 6th of May 1995 (see, for example, Gudjonsson, 2003). Birgitte was last seen in the town centre at 00:08, talking to an unknown person in a car. Her body was later found on a remote dirt road approximately 400 metres from her parents’ house. This is one of Norway’s most famous cold cases and has even inspired a Norwegian TV series. Her attacker dragged her from a hilltop and through some bushes. Her dress was ripped up, and her underwear was dragged down. She had significant and fatal head injuries. The national homicide squad from KRIPOS assisted in one of the biggest investigations ever launched in Norway. Eighteen months into the investigation there were seemingly no strong leads, and the frustration grew both outside and inside the investigating team. Based on an offender profile delivered by the Swedish police, Birgitte’s 19-year-old cousin was arrested. The investigating team thought they could identify a flaw in his alibi and suspected that he had followed Birgitte on her walk home. There were also some documented rumours in the town about his alleged sexual conduct. In five weeks, Birgitte’s cousin was interrogated for 180 hours. None of the conversations was taped, and only two were logged as written formal interviews. On the 24th of February 1997, the cousin gave his lawyer two notes, where it said, “I acknowledge having caused Birgitte Teng’s death”. One of the notes was to the police, and one was for his lawyer. The next day he repeated this in a written formal interview. In the interrogations, the cousin never outright denied being involved. He said, if “I did it I have absolutely no recollection of it”. He agreed to construct a detailed, but hypothetical, fictional story about how the perpetrator had killed Birgitte. In the final confession, he merely stated that the fictional story was true and that the perpetrator was himself. Four months later the cousin retracted his confession. Despite the lack of physical evidence that he had killed Birgitte, he was convicted in the first trial. In the Appeal Court, the defence brought in two renowned experts from the UK who deemed the confession unreliable due to dangerous confession-oriented methods combined with manipulation, isolation and outright lies. The cousin was acquitted of the criminal charge, but interestingly, the same court sentenced him to pay reimbursement to Birgitte’s parents. They argued that although there was too much doubt to sentence him to the criminal trial, it was enough evidence to sentence him to pay Birgitte’s parents compensation. This paradox led to a new hearing in the European Court of Human Rights which found the Norwegian state guilty of double jeopardy. The court believed the compensation judgement went too far in assuming that the cousin was guilty. But the compensation judgement was still not lifted. In 2021, following a long cold case investigation, the police arrested and charged a new suspect in the case. In February 2023, the accused man was 24

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sentenced to 17 years in prison for the murder of Tengs. In October 2023, the appeal case will be ongoing in the Gulating Court of Appeal.

The Fritz Moen Case In the late 1970s and early 1980s, the vulnerable Fritz Moen confessed to two separate murders in Trondheim (NOU 7, 2007). Moen was deaf and had a severe speech impediment. He was also paralysed in one of his arms but had average intelligence and good memory. The courts felt confident that the confessions elicited by the police were genuine even though his blood group was not the same as the semen found inside one of the sexually abused victims. Fritz Moen was sentenced in 1978 and 1981 to 21  years in prison for the murders of the two women: Sigrid in 1976 and Torunn in 1977. The sentence was served in full. Moen had retracted his confessions before the trials against him, claiming that the police had pressured him to confess to the murders of the young women. He maintained his innocence until he died on the 1st of May 2005, awaiting his appeal to the newly established Criminal Cases Review Commission. The heartrending fact is that his complete innocence became public knowledge months after Moen died, when another man confessed to the murders. In 2006, after his acquittals, the Minister of Justice ordered an official inquiry to “make sure something like this never happens again”. Its mandate was to “find out why Moen was wrongfully convicted and evaluate whether changes are needed in the criminal justice system to avoid wrongful convictions in the future” (Trondsen and Torgersen, 2008, para. 2). The commission found that the principle of objectivity was violated repeatedly by both the police and the courts (NOU, 2007, s. 21). It also found that the most important lesson that could be learned from this case was that the presumption of innocence must be upheld by both the public prosecutors and the courts. The inquiry showed that witnesses had been coaxed by the police while, at the same time, significant evidence proving Moen’s innocence had been withheld from the defence and the courts. “Some of the evidence has been hidden within the police reports”, the report concluded. The justice minister commented during the press conference that “the commission’s report shows that grave errors have been committed leading to grave results” (Trondsen and Torgersen, 2008, para. 2).

Thomas Quick Until relatively recently, Sture Bergwall was Scandinavia’s most notorious serial killer. He had confessed to more than 30 murders and been convicted of eight. He called himself Thomas Quick. Assuming this sinister alter ego, he claimed during a succession of therapy sessions at the Säter psychiatric ward that he had maimed, raped and even eaten the remains of his victims, the youngest of whom was a 9-year-old girl whose body had never been found. During the 1990s, Thomas Quick confessed to one unsolved murder after another, becoming, in the words of the father of one of his alleged victims, “a ghost who ran through Scandinavia killing more than 30 people”. The sadistic murderer was a media sensation, and his bespectacled face stared out from front pages and television screens. Scandinavia was shocked, and Thomas Quick became Sweden’s own Hannibal Lecter (see, for example, Day, 2012). But then, in 2001, he stopped cooperating with the police. He withdrew from public view and changed his name to the one he was born with. In 2008, Hannes Råstam, one of Sweden’s most respected documentary makers, became intrigued. He visited Sture Bergwall in Säter and started his investigation. Råstam came to the startling conclusion that there was not 25

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a single shred of technical evidence for any of Bergwall’s convictions. There were no DNA traces, no murder weapons, no eyewitnesses – nothing apart from his confessions, many of which had been given when he was under the influence of narcotic-strength drugs. Confronted with Råstam’s discoveries, Bergwall admitted the unthinkable. He said he had fabricated the entire story. As a result, all his murder convictions, six in Sweden and two in Norway, were quashed, the final one in July 2013, and he was released from the hospital. The case has raised issues about how murder convictions could have been obtained on such weak evidence and has been called the largest miscarriage of justice in Scandinavian history (Råstam, 2012).

The Monika Case In November 2011, 8-year-old Monika was found dead by her mother at home in Sotra, outside Bergen (Nordhordland District Court, 2016). The first investigation led to the case being declared a suicide in August 2012. The case was resumed in 2014 after serious criticism was raised against the first investigation (Riksadvokaten, 2015; Schaefer, 2015). In the new investigation from 2014 to 2016, collaboration with forensic genetic experts at Oslo University Hospital was crucial. Developments in DNA technology led to new analyses of trace samples taken from Monika’s body on the day she was found dead, giving a Y-profile that linked the former cohabitant of Monika’s mother to the death (Kallmyr, 2021). In 2016, the man was sentenced to 18 years of detention for the murder of Monika (Nordhordland District Court, 2016). Collaboration with external experts in police investigation raises several vital questions. In a recent study, Sunde (2021) found considerable unfounded variances in how forensic digital experts evaluated the same evidence. Moreover, there is no national superstructure in Norway for forensic expertise or standards for mandates and declarations other than forensic psychiatry (Langbach, 2021). In the investigation of the Monika case, a great deal of work was put into preparing a mandate for forensic genetic experts, which was also prepared in collaboration with the defence counsel. The fact that external experts may be biased by the information they receive from the police has been documented in several studies (Cooper and Meterko, 2019; Dror and Hampikian, 2011). Dror and Hampikian (2011) showed how forensic geneticists might be influenced by case-irrelevant information when interpreting a mixed DNA profile. In Norway the police have no professional guidelines for communication with external experts based on research. This has undermined the weight of DNA evidence in several high-profile cases (Kallmyr, 2021). In England the Forensic Science Regulator (FSR) in 2020 introduced the so-called “Guidance on Cognitive Bias Effects” (FSR, 2020). According to Dror and Kukucka (2021) this interaction is crucial to avoid the potential transfer of implicit cognitive biases. Hence, the communication between the police and external experts should be managed according to a principle of necessity and relevance.

Fundamental Change The previously mentioned cases and errors of justice created a need for change in Norway. The miscarriages of justice and a new understanding of the dangers of confession-based interrogation techniques led to the introduction of a national programme for investigative interviewing in the Norwegian police (Fahsing and Rachlew, 2009). The programme became compulsory for all detectives and brought about a change not only in the interviewing room but also in the detectives’ mindset and understanding of their roles and responsibilities. 26

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Experienced homicide detectives undertook master’s studies, and new further education studies were launched at the Norwegian Police University College (Fahsing and Rachlew, 2009; Lier and Haugerstuen, 2019).

Police Reform The Norwegian police underwent a major reform in 2016. The reform was focused on structure as well as quality. The parliamentary white paper emphasised that the quality reform should raise the quality of investigation and the status of the detectives. The errors of justice mentioned previously were indeed drivers for reform. In his response to one of the many inquiries reports the Riksadvokaten (2017, s. 11) wrote the following: There is hardly any basis for claiming that evidence assessments are generally made in a sufficiently structured manner, where the information in the case is also actively assessed in light of hypotheses about the possible alternative course of events that do not imply criminal guilt for suspects. The use of hypotheses can be an effective tool for avoiding psychological processes – such as decision traps, group thinking, tunnel vision, etc. – which clearly may challenge our compliance with the requirement of objectivity. (p. 11)

Proportion investigative hypotheses

Secondly, at about the same time, a comparative study of 124 Norwegian and police officers in England and Wales using an experimental design compared the quality of investigative decisions made by experienced detectives and novice police officers in the two countries with markedly different models for the development of investigative expertise (Fahsing and Ask, 2016). In England, PIP level 32 accredited homicide detectives vastly outperformed novice police officers in the number of reported adequate investigative hypotheses and actions. In Norway, however, bachelor-educated police novices did marginally better than highly experienced homicide detectives (see Figure 2.2). 1.0

Novices Experienced

.9 .8 .7 .6 .5 .4 .3 .2 .1 .0 England

Norway

Country Figure 2.2 Mean proportion of generated gold-standard investigative hypotheses by country and level of experience Source: Fahsing and Ask (2016)

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In England and Wales, the PIP was a considerable investment made after decades of turmoil surrounding the quality of criminal investigations (McGrory and Treacy, 2012). The findings indicate that the investment may have been worthwhile as the PIP accredited officers dramatically outperformed their Norwegian colleagues with a similar length of experience and no similar accreditation. The long-awaited three-year-plan starting in 2016 had twenty goals distributed in areas such as: “control and administration”, “management and culture”, “competence, learning and career”, “interaction and working process”, “digitalisation and IT-support”. One of the measures under the “competence, learning and career” was annual refreshment training for all detectives aiming to increase the quality and effectiveness of the investigation work through training and exercises. It is considered the first step towards a defined minimum standard for investigative competence within the Norwegian police. This step was implemented in 2017 and addressed core aspects of the investigative method such as hypothesis-driven investigation methodology and written investigation plans. Indicia is software used to administrate investigative projects as well as the database for intelligence. Both Fahsing (2016) and Innes (2003) point out the importance of securing all volatile information in the early hours of an investigation, especially information that can be contaminated, or even lost, such as forensic and digital traces – and obviously eyewitness statements. Hence, a national program called “policing at the crime scene” and “national working procedures for initial actions” were launched. Both programs can be seen as the standardisation of investigative actions. Furthermore, the police reform also pointed out the need for the different police departments to establish a system for continuous learning on the job. A well-known challenge with such a learning regime is that it is purely based upon personal experience or the experience of the specific organisation and therefore will bring on some challenges when new phenomena occur or even when crime types that rarely occur are revealed (Stelfox, 2011). Hence, a national model for achieving approved professional practice was implemented with the Norwegian Police University College and Kripos as the two main agents handling the structure and the various national working groups on behalf of the Director for Public Prosecutions and the National Police Directorate. At the same time, a nationwide and obligatory continuous development program was initiated for all detectives and prosecutors in the police service. All these can be seen as targeted measures to reduce the risk of new miscarriages of justice through a more standardised and knowledge-driven investigative practice (Lier and Haugerstuen, 2019).

Investigative Hypothesis Testing Experienced detectives have seen a lot of abnormal and criminal behaviour throughout their careers. Their job is to see what ordinary people do not see. This might create what sometimes is called a culture of “over-suspiciousness” (Hobbs, 1988). This fact, combined with the mindset “think murder until proven otherwise”, might cause a so-called “crime bias”, meaning that detectives will sometimes see crime even when it is not there and unconsciously ignore alternative explanations of the same facts. Moreover, major crime enquiries are burdened with high workloads, time pressure and constant media attention (Innes, 2003; Tong and Bowling, 2006). These pressures may create a work environment with a premium placed on rapid and resource-saving solutions (Barrett and Hamilton-Giachritsis, 2013; Mortimer and Shepherd, 1999). This might lead even highly experienced detectives to miss out on relevant scenarios or evidence before starting the investigative process (Fahsing and Ask, 2016; Stelfox and Pease, 2005). Hence, investigative thinking is incredibly challenging, and much 28

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research is necessary to facilitate this safely and effectively. Nevertheless, there is some valuable knowledge available. Advice from available research and case studies can be summarised as follows: (a) good investigators should be able to resist guilt assumption and premature closure, and (b) instead, they should entail a thorough and continuous search for alternative explanations without favouring the one(s) already on mind. This might sound banal, but it is hard to achieve – partly because it defies the so-called coherence theory in human decision-making (Tversky and Kahneman, 1974; Simon, 1982; Simon et al., 2004). Hence, it does not come naturally. Therefore, it has to be taught, and even then it will require strong deliberation. It is what could be called “cold thinking”. On the other hand, major crime investigations sometimes require fast-track decisions. Hence, the expert detective has to master a challenging blend of “cold and hot cognitions”. It is extremely difficult to constantly consider whether there is time or need for further analysis or deliberation. The risk of making a decision swiftly versus not making one must be determined with considerations recorded in a live decision log with supporting reasons. According to the so-called “hypothesis-driven” approach to criminal investigations (Ask and Fahsing, 2019), detectives should, throughout the investigation – and perhaps especially in the crucial early stages – continuously make judgements, rule out alternatives and generate new investigative hypotheses based on the incoming information. A hypothesis is an educated guess and a theory entailing predictions that future observations might reveal false (Popper, 2002). At the outset, the detective should include all the unique hypotheses concerning what may have happened. The “who, where, when, why and how” will follow suit. So, if there are reasonable grounds to suspect that someone is guilty of a crime, an investigation in form of an abductive process should commence and (a) identify what hypotheses the available information allows for and (b) identify, document and cross-check information from sources of information with the potential to falsify these and discriminate between the competing hypotheses. Ideally, the investigative process should continue until (only) one explanation stands out as the best. If this can be proven beyond all reasonable doubt, the case should be prosecuted. Hence, the expression “beyond” (reasonable doubt) indicates that the hypothesis of guilt must be proven to go beyond all other reasonable alternative hypotheses put forward in the case (Klamberg, 2011). As stated by Roberts and Zuckerman (2010), “the factfinder has to follow a mental procedure of progressive elimination of explanation consistent with innocence” (p. 134). With that being said, the information gathered in criminal investigations is often both ambiguous and fragile (Dror and Cole, 2010). This is only one of several reasons that makes true elimination impossible in criminal investigations and trials. Therefore, the burden of proof cannot be understood as a genuinely deductive elimination of all possible alternatives to guilt (Jackson, 1988). The available data simply does not always allow for this (Innes, 2003); hence, a criminal investigation can be understood as a pragmatic and abductive process – aiming to identify the most reasonable set of competing explanations based on the available information (Brodeur, 2010; Diesen, 2000). All Norwegian police officers are now taught how to investigate in this structured but creative way. The mantra is that all relevant and plausible hypotheses should be identified and recorded; next, the case files should document which hypotheses fit the available evidence and also show what hypotheses the investigation has ruled out. This requires training, policies, investigative plans and analytic tools which facilitate the same mindset and process and a new level of thoroughness. Recent research indicates that Norway seems to be on a path towards this new level of thoroughness. About 95 per cent of the detectives in a recent survey held 29

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that they are using hypothesis-driven investigation plans which always include one or several hypotheses of possible innocence or no crime (Solheim and Tveit, 2020). This is promising, but what this means for the level of quality in the investigative process and results is not yet clear. Nevertheless, the “procedural safeguards” found in Norway were held up as an example to follow by the 2018 annual report from the Council of Europe’s Committee for prevention of torture (CPT, 2018).

Indicia Wright (2002) distinguishes between experience-based and standardised formal-based professionalisation where technology is essential in today’s investigations. As a part of the ongoing professionalising of the Norwegian police, where there are increasing demands for using technology to cope with the ever-increasing amount of information in homicide investigations such as information gathered from content on mobile devices, CCTV automatic number-plate recognition (ANPR) and cell tower data, the amount and complexity of information that major crime investigations gather in the early stages of an investigation are high. Hence, without tailor-made information-handling tools and routines, there is a continuous risk of so-called “information overload” (Innes, 2003). This called for a computer program the SIO could use to obtain the overview necessary to prioritise between and within the different lines of enquiries. The Norwegian police’s answer to this need was the development of the Indicia Case Management System, which was launched in 2008. The software uses other government databases to provide the investigation with information such as the national vehicle register, employment register and so on. In the years to come the system was developed further to be an effective workflow system to help run investigations and also to be able to effectively cross-check the different hypotheses with the information gathered in investigations.

The Road Ahead One murder is one too many; nevertheless, compared to most other countries, the homicide rates in Norway are very low, and the clearance rates are high. Norway is a stable and small country, with little social and economic disparity. In addition, the general trust in the police is relatively undisputed, and investigating crime is considered a very important part of the police’s work. This means that homicide investigations in Norway probably have better conditions for solving serious criminal offences than in many other European countries or elsewhere. On the other hand, when dealing with the most serious of all crimes, the police can never rest on their laurels. Continuous improvement is necessary to deliver effective and reliable investigations in the modern era. Stelfox (2011) points out that a national certification of vital roles in an investigation, such as SIOs, will provide leaders on a strategic level a possibility to ensure the right competence at the right place in the investigation based on more objective criteria. In their realistic experiments, Fahsing and Ask (2016) found that accredited UK SIOs outperformed when compared to non-accredited Norwegian SIOs, suggesting that the system in England and Wales seems better at building and maintaining investigative expertise. Despite these findings and somewhat promising police reform, the Norwegian police service seems to ignore the need for further research and investment in the professionalisation of even the most critical of investigative roles. There is no real accreditation program in place for investigators or SIOs. The fruitful but also somewhat blurred shared responsibility between the police and the prosecution service in the management of investigations does probably make accreditation schemes 30

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even more necessary yet also harder to develop and implement. As mentioned previously, the closeness and cooperation between the prosecution and the SIO are traditionally seen as a strength in the Norwegian criminal process. SIOs and prosecutors working as one team are highly effective and facilitate the necessary “need for speed” in the early phases of major crime investigations. In Norway it is often praised and seen as a guarantee of high quality in the investigative process. There are undoubtedly many benefits to this system; however, Norway has had its share of cases of miscarriage of justice in recent years. Hence, the two-track system is not a guarantee against errors of justice. One must ask if the lack of close cooperation between the police and the prosecution in some situations may deprive the process of a much-needed distance and critical views in the investigative process (Fahsing, 2016; Politijuristene, 2018). Moreover, the shared responsibility might also blur who is actually in charge of the investigation. The Director of Public Prosecutions has a number of times declared that there is no room for such doubt. It is the prosecutor who leads the investigation. That could be the end, but this silent tension between the detectives and the prosecutors has been apparent for at least 50 years. One could argue if repeated declarations from the top are necessary, it might be a sign of precisely the opposite – namely, that the relationship between police prosecutors and detectives is less prolific than the involved parties are willing to admit. As mentioned previously, success in homicide investigations should be understood as more than convictions and clearance rates (Brookman and Innes, 2013). A court verdict will only measure whether the evidence presented before the court meets the standard of the law. In general, it will not tell us much about how the investigation ultimately could or should have been done. Many perspectives require our attention, and there is little room for failure in any of them when dealing with such grave and delicate matters. After just over a decade of competence and specialisation in the core roles in major crime investigation, this decade is probably set out to be the decade of system building and technology development in Norway. Norway currently has no external systematic audit or accreditation body for police work in general or in investigations (Mortveit, 2015). The Director of Public Prosecutions has initiated several internal reviews following the miscarriages of justice mentioned in this chapter, but it is probably necessary to raise a discussion as to how the police and prosecution should be subjected to external inspections or accreditation like Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) or the Community Safety Accreditation Scheme (CSAS). In a globalised world it is probably also a good idea to create transnational operational and professional standards. The same need for development and evolution is also pressing regarding how we develop and utilise technology. The Norwegian case management system, Indicia, is good, but is not yet tailored to suit and facilitate how SIOs think – or preferably, how they should think – during hypothesis-driven investigations. A  full-blooded hypothesis-driven case management system should visualise what hypotheses the evidence in the case supports and also clearly visualise what hypotheses the investigation has identified and tested against the evidence. This collective output of how evidence meets judgments and decisions should be displayed and challenged if necessary. Human brains are simply not wired for either reliable prediction or systematic falsification. Hence, we need methods, tools and systems that help us do this more safely and efficiently, to ensure that all the information in the case files has been subjected to conscious cross-checking, connecting and evaluation. SIOs need even better information handling tools which can help determine what the investigation knows at any moment in time. Deep learning and artificial intelligence might also help us understand how the information game is played out. Like in any risk-prone industry the operational systems should keep you alert where we know human cognition typically may fail. Over time no operation is better than the system behind it. 31

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Notes 1 National Criminal Investigation Service (of Norway). 2 The Professionalising Investigation Programme (PIP).

References Ask, K., and Fahsing, I., 2019. Investigative decision-making. In: R. Bull and I. Blandon-Gitlin, eds. The Routledge international handbook of legal and investigative psychology. Vol. 1. London: Routledge, pp. 84–101. Barrett, E.C., and Hamilton-Giachritsis, C., 2013. The victim as a means to an end: Detective decision making in a simulated investigation of attempted rape. Journal of Investigative Psychology and Offender Profiling, 10 (2), 200–218. https://doi.org/10.1002/jip.1385 Brodeur, J.-P., 2010. The policing web. Oxford: Oxford University Press. Brookman, F., and Innes, M., 2013. The problem of success: What is a “good” homicide investigation? Policing and Society, 23 (3), 292–310. https://doi.org/10.1080/10439463.2013.771538 Cooper, G.S., and Meterko, V., 2019. Cognitive bias research in forensic science: A systematic review. Forensic Science International, 297, 35–46. https://doi.org/10.1016/j.forsciint.2019.01.016 CPT., 2018. 28th general report of the CPT (No. 28). European committee for the prevention of torture and inhuman or degrading treatment or punishment. Available from: https://rm.coe.int/16809420e3 Day, E., 20 October 2012. Thomas Quick. Sweden’s serial killer who never was. The Guardian. Available from: www.theguardian.com/world/2012/oct/20/thomas-quick-bergwall-sweden-murder Diesen, C., 2000. Beyond reasonable doubt: Standard of proof and evaluation of evidence in criminal cases. Scandinavian Studies in Law, 40, 169–180. Dror, I.E., and Cole, S.A., 2010. The vision in “blind” justice: Expert perception, judgement and visual cognition in forensic pattern recognition. Psychonomic Bulletin & Review, 17 (2), 161–167. https:// doi.org/10.3758/PBR.17.2.161 Dror, I.E., and Hampikian, G., 2011. Subjectivity and bias in forensic DNA mixture interpretation. Science & Justice: Journal of the Forensic Science Society, 51 (4), 204–208. https://doi.org/10.1016/j. scijus.2011.08.004 Dror, I.E., and Kukucka, J., 2021. Linear Sequential Unmasking-Expanded (LSU-E): A general approach for improving decision-making as well as minimizing noise and bias. Forensic Science International: Synergy, 3 (100161), 100161. https://doi.org/10.1016/j.fsisyn.2021.100161 Elbogen, E.B., Dennis, P.A., and Johnson, S.C., 2016. Beyond mental illness: Targeting stronger and more direct pathways to violence. Clinical Psychological Science, 4 (5), 747–759. https://doi. org/10.1177/2167702615619363 Fahsing, I., and Ask, K., 2016. The making of an expert detective: The role of experience in English and Norwegian police officers’ investigative decision-making. Psychology, Crime & Law: PC & L, 22 (3), 203–223. https://doi.org/10.1080/1068316X.2015.1077249 Fahsing, I., and Rachlew, A.A., 2009. Investigative interviewing in the Nordic region. In: B. Milne and S. Savage, eds. International developments in investigative interviewing. London: Willan Publishing. Flanagan, R., 2008. The review of policing: Interim report. London, UK: Her Majesty’s Inspector of Constabulary. https://assets-hmicfrs.justiceinspectorates.gov.uk/uploads/flanagan-review-ofpolicing-20080201.pdf FSR., 2020. Guidance cognitive bias effects. (FSR-G-217). Birmingham: The Forensic Science Regulator. Available from: www.gov.uk/government/organisations/forensicscience-regulator Grøndahl, P., 2019. Om drap [About murder]. Vol. 1. Oslo: Gyldendal. Gudjonsson, G., 2003. The psychology of interrogations and confessions. A  handbook. New York: Wiley. Hegtun, H., April 2021. Drap etter drap på TV – men 0 drap i Norge. Aftenposten. Available from: https://www.aftenposten.no/norge/i/bnxrVg/drap-etter-drap-paa-tv-men-0-drap-i-norge Hobbs, D., 1988. Doing the business: Entrepreneurship, detectives and the working class in the east end of London. Oxford: Oxford University Press. Innes, M., 2003. Investigating murder: Detective work and the police response to criminal homicide. Oxford: Oxford University Press. Jackson, J.D., 1988. Two methods of proof in criminal procedure. The Modern Law Review, 51 (5), 549–568. https://doi.org/10.1111/j.1468-2230.1988.tb01772.x

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Homicide Investigations in Norway Kallmyr, T., 2021. Alt er ikke gull som glimrer – en studie av kommunikasjon mellom kriminalteknikere og rettsgenetikere om DNA spor. [It’s not gold all that glitters – A study of communication between forensic technicians and forensic geneticists about DNA traces] [Master of Arts]. Oslo: Norwegian Police University College. https://phs.brage.unit.no/phs-xmlui/handle/11250/2758482 Klamberg, M., 2011. Fact-finding in international criminal procedure –How collection of evidence may contribute to testing of alternative hypotheses. [Lecture]. The Amsterdam Center for International Law (ACIL), May 30, 2011. Available from: https://doi.org/10.2139/ssrn.1847710 Kripos, 2018. [National Criminal Investigations Service of Norway, (NCIS)]. Nasjonal Drapsoversikt 2018 [National Murder Review 2018]. Kripos. Available from: https://www.nhri.no/wp-content/ uploads/2019/02/Kripos-drapsoversikt-2018-2019.pdf Kripos, 2020. [National Criminal Investigations Service of Norway, (NCIS)]. Nasjonal Drapsoversikt 2020 [National Murder Review 2020]. Kripos. Available from: https://www.politiet.no/globalassets/ tall-og-fakta/drap/drapsoversikt-2020-.pdf Kripos, 2022a. [National Criminal Investigation Service, (NCIS)]. Vold begått av personer med alvorlige psykiske lidelser [Violence by persons with severe mental disorders]. Kripos. Available from: https:// www.politiet.no/globalassets/tall-og-fakta/vold/vold-begatt-av-personer-med-alvorlige-psykiskelidelser2.pdf Kripos, 2022b. [National Criminal Investigations Service of Norway, (NCIS)]. Nasjonal Drapsoversikt 2022 [National Murder Review 2022]. Kripos. Available from: https://www.politiet.no/globalassets/ tall-og-fakta/drap/nasjonal-drapsoversikt-2022.pdf Langbach, T., 2021. Om rettsmedisin og sakkyndighet. Oslo: Cappelen Damm AS. Lier, F.T., and Haugerstuen, A.K., 2019. From learning by doing to doing by learning – On the professionalisation of the detective role [In Norwegian] [Master of Arts]. Norwegian Police University College. Available from: https://phs.brage.unit.no/phs-xmlui/handle/11250/2599940 McGrory, D., and Treacy, P., 2012. The professionalising investigation programme. In: M.R. Haberfeld, C.A. Clarke and D.L. Sheehan, eds. Police organization and training: Innovations in research and practice. Vol. 1. New York: Springer, pp. 113–137. Mortimer, A., and Shepherd, E., 1999. Frames of mind: Schemata guiding cognition and conduct in the interviewing of suspected offenders. In: A. Memon and R. Bull, eds. Handbook of the psychology of interviewing. Chichester, UK: Wiley, pp. 293–315. Mortveit, O.M., 4 April 2015. Anbefaler ekstern godkjenning [Recommends external revision]. Politiforum. Available from: https://www.politiforum.no/nyheter/anbefaler-ekstern-godkjenning/122431 Mykletun, A., Knudsen, A.K., and Mathiesen, K.S., 2009. Psykiske lidelser i Norge: Et folkehelseperspektiv. Folkehelseinstituttet (FHI). Available from: https://www.fhi.no/publ/eldre/psykiskelidelser-i-norge-et-folkeh/ Nordhordland District Court, 25 July 2016. Nordhordland District Court. Available from: https://lovdata.no/pro/#document/TRSTR/avgjorelse/tnoho-2016-44534?searchResultContext=1025&rowNu mber=1&totalHits=1 NOU 7:2007, 2007. Fritz Moen og norsk strafferettspleie. [Fritz Moen and Norwegian Criminal Justice]. Oslo: Justis- og politidepartementet. www.regjeringen.no/no/dokumenter/nou-2007-07/id473769/ NOU 17:2020, 2020. Varslede drap? – Partnerdrapsutvalgets utredning [Announced murders – a review of domestic killings]. Vol. 2020. Oslo: Justis- og beredskapsdepartementet. www.regjeringen.no/no/ dokumenter/nou-2020-17/id2791522/ Olsen, A.K., 2010. Drap i Norge i perioden 2004–2009. [Homicide in Norway 2004- 2009]. Oslo: Helseog omsorgsdepartementet. https://www.regjeringen.no/no/dokumenter/NOU-2010-3/id602257/ Ottesen, V., 31 January  2014. Det er få som dreper [Those who kill are few]. NRK. Available from: www.nrk.no/ytring/det-er-fa-som-dreper-1.11509995 Politijuristene, 2018. Et skille mellom politi og påtalemyndighet [Separate Police and Prosecution Service]. Available from: www.juristforbundet.no/globalassets/dokumenter/organisasjon/stat/jf-spolitijuristene/rapport-fra-skilleutvalget-til-landsmotet-2018.pdf Popper, K.R., 2002. The logic of scientific discovery. London: Routledge Classics. Råstam, H., 2012. Tilfellet Thomas Quick: å skape en seriemorder.[The case Thomas Quick: The making of a serial-killer]. Oslo: Aschehoug. Riksadvokaten, [Director of Public Prosecution], 2015. «Monika- saken»: Læringsperspektiver. [«The Monika- case»: Learning Perspectives]. Oslo: Riksadvokaten. https://www.riksadvokaten.no/ wp-content/uploads/2017/10/Riksadvokatens-publikasjoner-1-2015-Monika-saken-l%C3%A6ringsperspektiver.pdf

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Ivar Fahsing, Tor Kallmyr and Frode Lier Riksadvokaten, [Director of Public Prosecution], 2017. Rapport om norsk politi og påtalemyndighets behandling av straffesakene mot Sture Bergwall – Riksadvokatens vurderinger, videre oppfølging og pålegg. [Report on the Norwegian police and prosecution authorities’ handling of the criminal cases against Sture Bergwall - The Director of Public Prosecutions assessments, further follow-up and orders.]. Oslo: Riksadvokaten. https://www.riksadvokaten.no/wp-content/uploads/2017/10/ Bergwall-rapporten-oppf%C3%B8lging.pdf Roberts, P., and Zuckerman, A., 2010. Criminal evidence. Oxford: Oxford University Press. Røset, H., 22 January 2020. Kripos statistikk gir et feilaktig bilde [Kripos statistics gives a wrong impression]. VG. Available from: www.vg.no/nyheter/innenriks/i/KyP6EG/mener-kripos-statistikkgir-feilaktig-bilde-ingen-grunn-til-aa-rope-ulv-ulv Schaefer, R. 2015. Monika-saken: min historie - fra drapsetterforsker til varsler. [The Monika- case; My Story – from homicide detective to whistleblower]. Bergen: Vigmostad Bjørke. Simon, D., Snow, C.J., and Read, S.J., 2004. The redux of cognitive consistency theories: Evidence judgments by constraint satisfaction. Journal of Personality and Social Psychology, 86 (6), 814–837. Simon, H.A., 1982. Models of bounded rationality. Cambridge, MA: MIT Press. Solheim, S., and Tveit, A., 2020. Bruker norske etterforskere skriftlig etterforskningsplan og hva tenker de om denne utviklingen i praksis? [Use of investigative plans in the Norwegian police service]. Oslo: Norwegian Police University College. https://phs.brage.unit.no/phs-xmlui/handle/11250/2656257 SSB., 24 June  2020. Statistics Norway Offences and Victims Reported to the Police. Statistisk Sentralbyrå. Available from: www.ssb.no/en/lovbrudda Stelfox, P., 2011. Criminal investigation: Filling the skills gap in leadership, management, and supervision. Policing: A Journal of Policy and Practice, 5 (1), 15–22. https://doi.org/10.1093/police/paq055 Stelfox, P., and Pease, K., 2005. Cognition and detection: Reluctant bedfellows? In: M.J. Smith and N. Tilley, eds. Crime science: New approaches to preventing and detecting crime. London: Willan. Sunde, N., 2021. Strategies for safeguarding examiner objectivity and evidence reliability during digital forensic work. Forensic Science International: Digital Investigation, 40, 301317. https://www. sciencedirect.com/science/article/pii/S2666281721002432 Tennøy, S.-L., and Misje, T.S., 22 January 2020. Flere drapsforsøk i Norge de siste fem årene: – Små marginer gjør at det ikke ender med drap [More Attempted Murders in Norway]. NRK. Available from: www.nrk.no/norge/flere-drapsforsok-i-norge-de-siste-fem-arene_-_-sma-marginer-gjor-at-det-ikkeender-med-drap-1.15337691 Tong, S., and Bowling, B., 2006. Art, craft and science of detective work. Police Journal, 79, 323–329. Trondsen, F., and Torgersen, H.O., 11 October  2008. Dette finnes det ingen tilgivelse for [This Cannot Be Forgiven]. Aftenposten. Available from: www.aftenposten.no/norge/i/4zQpo/ dette-finnes-det-ingen-tilgivelse-for Tversky, A., and Kahneman, D., 1974. Judgment under uncertainty: Heuristics and biases. Science, New Series, 185 (4157), 1124–1131. Vatnar, S.K.B., Friestad, C., and Bjørkly, S., 2021. Intimate partner homicide. In: J. Devany, C. Bradbury-Jones, R.J. Macy, C. Øverlien and S. Holt, eds. The Routledge international handbook of domestic violence and abuse, pp. 373–386. Abingdon, Oxon; New York, NY: Routledge. https:// doi.org/10.4324/9780429331053-28 Wright, E.O. (2002). The Shadow of Exploitation in Webers Class Analysis. American Sociological Review 67. 832–853. https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdoi. org%2F10.2307%2F3088972&data=05%7C01%7Ccheryl.allsop%40southwales.ac.uk%7C0becd 88b0ddd4ffa8fb108dbec267e66%7Ce5aafe7c971b4ab7b039141ad36acec0%7C0%7C0%7C638 363422334709446%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2l uMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=JjHlAoVXmrLvf ExPDClllDb%2F7dE4EuPUZnJh5qdSyYc%3D&reserved=0

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3 HOMICIDE INVESTIGATIONS IN AUSTRALIA Amber C. McKinley

The purpose of this chapter is to provide current information on the state of Australian homicide and the police’s response to these matters. It is hoped that this chapter will inform practitioners and students about the specific factors that impact homicide solvability and clearance rates. The ‘Hollywood’ version of the stereotypical homicide portraying a crazed villain preying on an unsuspecting female victim down dark alleyways, with a group of attractive, quirky, clever yet slightly damaged detectives solving the matter in under an hour with seemingly unlimited resources, knowledge and skills is far from the reality. In Australia, the truth is far more mundane. Men are overwhelmingly both the perpetrators and victims in Australian homicides; they are frequently known to each other, are intoxicated at the time of the act of fatal violence and are usually acting to protect or display their machismo. The police are well educated and trained annually to maintain currency in best-practice investigative procedures, and the average time taken to clear a matter by arrest is 10 months (McKinley, 2015). In 1989 post two mass murders the Australian Government created the National Homicide Monitoring Program (NHMP) to collect and collate data1 on all reported homicides. For the purposes of this chapter and in line with the NHMP, homicide refers to the unlawful killing of a person. Homicide events are rare in Australia, and the NHMP reported that between 1st July 2018–30th June 2019, out of 224 incidents of homicide, only 13 (5.8%) remained uncleared (Bricknell and Doherty, 2021). This clearance number has remained consistently high, with Ferguson and Pooley (2019a) noting that Australian homicide clearance rates have remained above 85% since 1990. This, however, does not reduce the gravitas of an incident of homicide when it occurs, nor the negative consequences associated with an unresolved matter, particularly for the loved ones of the victim. Additionally, the estimated cost of individual homicide to the Australian Government, and therefore its population, has been assessed as $2.7 million for each event (Goldsworthy, 2017). The outcomes of homicide investigations are the focus of considerable scrutiny from a number of different internal and external sources, such as the public, the media, different levels of government and within the police themselves. Brookman and Innes (2013) posit that homicide clearance rates are a barometer of police effectiveness. Therefore, exploring methods to improve homicide solvability and raise clearance rates remains critical and thus will be explored within this chapter. DOI: 10.4324/9781003195283-535

Amber C. McKinley

Interestingly, there is a dearth of Australian literature dedicated to exploring and measuring factors related to homicide solvability. It is possible that this limited attention is due to the relatively low homicide rates and comparatively high clearance rates compared to other countries. Achieving high solvability rates is critical for the community as well as the police, for three main reasons: 1 Resolving crimes 2 Seeking justice 3 Deterrence The NHMP’s most recently released statistics indicate that between Financial Year (FY) 2018–2019 the most common relationship between offender and victim was domestic relationship (41%), followed by acquaintance (27%) and then 13% committed by a stranger (Bricknell and Doherty, 2021). The rate of ‘stranger’ perpetrated homicides may appear significantly higher than expected, but it must be borne in mind that the NHMP statistics include deaths incurred in certain driving offences and also include incidents such as ‘one hit’ punches which were never intended to kill yet had fatal consequences. The relatively stable nature of the Australian homicide clearance rates over the past 30 years may simply reflect the fact that the proportion of homicides that are fundamentally easier to solve, domestic/intimate/acquaintance, are declining, whereas homicides that are inherently more difficult to solve – for example, the stranger-perpetrated matters – are remaining the same.

Types of Homicide There does not appear to be any universally agreed method for the classification of homicides (Boudouris, 1973). Most classifications include a focus on qualitative variables, such as prior victim-offender relationship or precipitative events, as opposed to those based on specific quantitative measures, such as the total number of victims (Wellford and Cronin, 1999). Additionally, the triangulation of various characteristics related specifically to the victim, perpetrator and incident can cause difficulties in developing homicide typologies (with the exemption of specific legal definitions that may vary across different jurisdictions, an example being infanticide). Over the last 30  years Australia has experienced a decrease in total homicide numbers (see Figure  3.1); however, of interest, the decrease has not affected all typologies equally. Domestic/intimate and acquaintance homicides, those that are more easily solved, have both decreased, but stranger homicides, those most difficult to solve, have remained stable over the three decades, which probably accounts for the reason that the national clearance rates have continued to present in the mid-80 percentile. Most homicide events can be classified into one of three categories. The three main typologies are created according to the principal relationship shared between the victim and the perpetrator. These categories are as follows: • Domestic/intimate homicides • Acquaintance homicides • Stranger homicides Domestic/intimate homicides: This category of homicide is considered the easiest to solve as the involved parties share an either current or previous intimate relationship 36

Homicide Investigations in Australia 180 160 140 120 100 80 60 40 20

19 89 19 -9 90 0 19 -91 9 19 1-92 92 19 -9 93 3 19 -9 94 4 19 -9 95 5 19 -9 96 6 19 -97 9 19 7-98 98 19 -9 99 9 20 -0 00 0 20 -01 0 20 1-02 02 20 -0 0 3 20 3-0 0 4 20 4-0 0 5 20 5-0 06 6 20 -07 0 20 7-08 08 20 -0 09 9 20 -10 10 20 -11 11 20 -12 12 20 -13 13 20 -14 14 20 -15 15 20 -16 16 20 -17 17 20 -18 18 -1 9

0

Domestic

Acquaintance

Column2

Figure 3.1  Homicide classification, 1989–1990 to 2018–2019 (rate per 100,000) Source: Bricknell and Doherty (2021)

(characterised by a sexual relationship), or the perpetrator and victim are blood related. This typology usually has a clear motive – for example, retribution for infidelity or to punish the victim for a perceived indiscretion. In many of these types of cases, police have previously recorded domestic disturbances involving the victim, and the homicide event becomes the final, fatal result of violence committed on a continuum. In some cases, there have been matters recorded where the offender (a perpetrator who has been convicted and found guilty) has attempted to avoid detection and distance themselves from the homicide by ‘staging’ the crime scene to appear as though another, unknown perpetrator had committed the offence. Risk factors associated with domestic/intimate homicides include abuse during pregnancy, estrangement or threats to leave the relationship, perpetrator’s access to a firearm or previous threats using a weapon. More factors include sexual assault within the relationship, stalking behaviours and stepchild(ren) in the home. Acquaintance homicides: These homicides are historically more difficult than domestic homicides to solve. This type of homicide is characterised by the victim and an offender who were known to each other but were not related or had ever lived in a domestic relationship (Chan and Payne, 2013). These types of homicides usually involve contributing factors, such as a verbal confrontation, where the victim and/or perpetrator were under the influence of alcohol or illicit drugs and have ‘lost face’ in front of their peers (Polk, 1994). Examples of acquaintance homicides include the Outlaw Motorcycle Gang murder, homicide based on financial benefit or homicide based on co-committed sexual assault and murder. Stranger homicide: Unlike acquaintance homicides, which generally start with personal conflict between the perpetrator and victim, stranger homicides often have no discernible relationship, reflected in the title of this typology. Stranger homicides sometimes 37

Amber C. McKinley

involve a co-committed crime that requires extensive planning, such as a robbery/homicide. These types of crime are usually premeditated, with forensic awareness in some cases, so that the likelihood of physical evidence left behind for investigators to discover is decreased, thereby reducing the potential for identifying a perpetrator. In a stranger homicide, the perpetrator usually commits the crime in secrecy, without witnesses, and the incident is premeditated, thereby thwarting investigative effort in obtaining evidence, which severely impacts solvability. Many of these matters have no obvious motive recorded and have unknown crime scenes – for example, where the victim’s remains are disposed of. Moreover, the initial place of the violent attack is not known, and there is no obvious nexus between the victim and the perpetrator. Police must rely heavily on information gleaned from the public, and when little or no information is forthcoming, the homicide often remains unresolved. Stranger homicides are usually characterised by blitz-style attacks and can be the consequence of another crime, such as rape or armed robbery or events classified as serial or mass murder.

Homicide Solvability and Police Investigations There are numerous factors that directly affect police responses to homicide. These include the presence of known solvability factors, investigative procedures, case closure policies and proactive efforts by the police to prevent homicide. Additionally, solvability factors are essential information which contribute significantly to the likelihood that a case will be solved. These factors include aspects that police can affect and those that they cannot affect. Solvability factors include the following (Geberth, 2020; Hirschy, 2003; McKinley, 2015): • • • • • • • • • • • •

A description of a suspect(s) A modus operandi is present which fits an established crime pattern A witness to the crime Belief that a crime may be solved with publicity and/or reasonable additional investigative effort Knowledge of a suspect’s name Knowledge of where a suspect can be located Positive results from a crime scene/evidence search Presence of a description which identifies a vehicle used in the crime Property with identifiable characteristics, marks or numbers that can be traced Suspect(s) are known to the victim Suspect(s) have specific knowledge of crime scene The presence of physical evidence

While these factors appear within Australia and internationally, little empirical work has been completed domestically in the last 20  years. Moreover, very little research relating to homicide solvability in Australia or elsewhere mentions the fact that perpetrators sometimes actively impede investigative efforts through detection avoidance, or DA (Ferguson and McKinley, 2020). Detection avoidance occurs when a perpetrator purposefully attempts to destroy, manipulate or hide evidence to evade apprehension (Beauregard and Bouchard, 2010; Beauregard and Martineau, 2012, 2014; Ferguson, 2021). Existing DA literature shows that these behaviours are most commonly found in homicides where the parties are known to each other. When the perpetrator alters the crime scene, hides the victims remains or manipulates the situation that led to the homicide, it directly impacts solvability (McKinley and Ferguson, 2021). 38

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Extant Australian research identified that many homicide investigations are extremely complex, requiring detectives to be trained and educated in enhanced crime analysis capabilities, contemporary digital evidence recovery and DA strategies often employed by perpetrators (Ferguson, 2021; McKinley, 2015). Police commanders also need to ensure that all homicide units have the proper training, staffing and resources for the length of the entire investigation as opposed to large staffing contingents in the first few weeks of the investigations, but as time progresses staff numbers dwindle (McKinley, 2015). Solvability is directly related to aspects that police can affect, such as police training, education, management styles and budget restrictions (Geberth, 2020; McKinley, 2015). Factors that police cannot affect which have specific impact on solvability include witness memory, bystander interaction, conditions of the crime scene and the perpetrator’s detection avoidance behaviours (Beauregard and Field, 2008; McKinley and Ferguson, 2021). Solvability factors that police rely on for case clearance can be destroyed or eliminated if a perpetrator disposes of the victim’s remains or purposefully alters evidence or the crime scene (Ferguson and Pooley, 2019b; McKinley, 2015). Much of what is known in academia about solvability factors and clearance rates stems from theory. Two major theoretical perspectives emerge when exploring factors related to homicide clearance. The discretionary perspective (Black, 1976) proposes that victim-related factors such as race, gender, age and social class will influence the investigative effort and resources dedicated to solving a crime (Beauregard and Martineau, 2014; Ferguson and Pooley, 2019a; Korosec, 2012). For example, as Ferguson and Pooley (2019a) describe this perspective, a homeless man killed in a high-crime area would be less likely to receive investigative attention and resources than a wealthy young white woman killed in a low-crime area, and the former example is therefore less likely to be solved. The public attention and profile of the case will also affect police discretion to investigate more thoroughly, with ‘high profile’ cases more likely to be allocated sufficient staffing and resources (Brookman et al., 2019). Additionally, the ‘true victim’ status of the deceased will also affect the prioritisation of cases, and therefore solvability, in line with the discretionary perspective (Brookman et al., 2019). A ‘true victim’ is generally conceptualised as an ‘innocent’ individual who has not engaged in any high-risk or criminal behaviour which may in some way have precipitated their victimisation (Brookman et al., 2019). Alternatively, the non-discretionary perspective asserts that investigators apply the same level of effort and resources to all homicide investigations, and therefore solvability and clearance is affected by the availability of evidence and witnesses, rather than victim preferencing (Ferguson and Pooley, 2019a). The non-discretionary perspective therefore posits that all victims and crimes are equal, nullifying the issues raised in the previous example. Case Study One is an example of an Australian domestic homicide that appeared in media and has been de-identified, which identifies six solvability factors. These solvability factors are belief that a crime may be solved with publicity, knowledge of where a suspect can be located, positive results from an evidence search; property with identifiable characteristics, the suspect is known to the victim, the suspect has specific knowledge of the crime scene and there is presence of physical evidence.

Case Study One – Domestic The victim in this incident was in her mid-30s and a single working mother of a toddler. Her ex-partner, the child’s father, had since remarried and moved interstate. She had been dating several men casually, who were not known to each other. At the time of her death, the victim worked as a sales representative, and during the police investigation after her death, 39

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they discovered that she was actively engaged in prostitution. She was living alone with her child but had a domestic partner who spent some nights at her residence. A dispute between the victim and her de facto, the perpetrator, occurred whilst on a family outing with the child when the victim told him that she was seeing someone else. Her new partner was younger and wealthier than the perpetrator, and she wanted to break up with him to pursue this new relationship. The perpetrator drove to a secluded area, intent on convincing her to stay. The victim would not consider it, and they verbally fought for some period. The perpetrator then shot the victim in the back of the head while she sat in the passenger seat of the vehicle and dumped her body in the bushland. The perpetrator was a middle-aged former government employee and corrupt former police officer. The perpetrator was arrested four months after the murder when he attempted to retrieve the victim’s remains to dispose of them elsewhere. He was charged with murder and multiple firearm offences. He pled guilty to manslaughter, not murder on the grounds of provocation. The previous case study is slightly more unusual in Australia in that the weapon was a firearm, yet in the majority of domestic homicides the weapon of choice has been a weapon that can be utilised at close range and is a sharp object. This is reinforced by the Australian Institute of Criminology’s annual report on homicide (2022), whereby in 77% of homicide cases a weapon had been used. Of the 77%, 45% involved the use of a knife or other sharp object and was found to be the most common weapon of choice on a national scale. Following this, 17% utilised a firearm and 11% utilised the hands and feet. However, what is common is the high clearance rates of domestic/intimate matters. Extant research identified specific factors linked to either a successful homicide investigation or an unresolved matter, the discussion of which follows.

What Affects Solvability Both Positively and Negatively In the Australian context, Mouzos and Muller (2001) identified several factors associated with solved and unresolved homicides:

Solved • • • •

Appropriate time, resources and experienced staff assigned to the investigation Availability of witnesses Locating the body Use of sharp weapons including knives

Unresolved • • • •

Homicide occurred outside of a residential premise Homicides involving a single victim as opposed to multiple victims Homicides that occurred during the commission of another crime Unknown motive (Mouzos and Muller, 2001)

Mouzos and Muller’s (2001) findings are reflected in other Australian and international research. For example, availability of quality physical and forensic evidence and adequate staffing and resources are consistently noted within the literature to be crucial factors that increase the likelihood of solving a homicide (Davis et al., 2014; Keel et al., 2009; Sturup et al., 2015). Weapon use and place of death also affect solvability. For example, weapons which increase 40

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contact between the victim and the offender, including in instances where the homicide followed an interpersonal conflict, argument or fight, are more likely to produce physical evidence and therefore increase likelihood of solvability, whereas homicides involving weapons that appear more premeditated and reduce contact such as firearms are less likely to be solved (Brage and Dusseault, 2018; McKinley, 2015; Quinet and Nunn, 2014; Regoeczi et al., 2020; Sturup et al., 2015). Homicides that occur outside of a residential location are also less likely to be solved (McKinley, 2015; Quinet et  al., 2014; Regoeczi et  al., 2020; Regoeczi et  al., 2008). When surveyed, New South Wales (NSW) Police homicide investigators also identified the following factors as important in affecting solvability: • Forensic and crime scene evidence, including the ability to seal the crime scene in order to protect the integrity of the evidence • Information processing, specifically the type of information that was available to be processed, including a) where the victim’s body was found; b) the site where the perpetrator initially targeted the victim; c) the site where the victim sustained lethal injuries; d) the site where initial contact between the victim and perpetrator occurred; and e) the place where the victim was last seen alive • • • • •

Management influences and administrative issues Personnel, such as availability of detectives for the duration of the case Resources – human, financial, and technological Fast response times in order to preserve evidence Levels of witness engagement (McKinley, 2015, pp. 184–190)

The absence of witnesses and a contaminated crime scene negatively affected the police’s ability to solve Case Study Two. Despite the victim’s remains and numerous possible weapons being found, contamination of the scene resulted in a lack of credible forensic evidence, and even though there were a number of possible ‘persons of interest’ (POIs), they all gave a reasonable account for their presence within the crime scene.

Case Study Two – Acquaintance The body of a Caucasian female in her late teens, who was known to police as a heroin addict and sex worker, was found at an inner-city derelict premise. The victim was discovered where she had died. She had a boyfriend, and both were employed at the time of her death. The forensic pathologist recorded her cause of death as severe head injury, determined by a dozen separate wounds discovered at her post-mortem, consistent with being beaten with a length of timber. A baseball bat was also discovered within the crime scene and was confirmed as one of the murder weapons. Several POIs who were associated with the victim were listed in this matter; however, to date no one has been charged.

Challenges to Investigation Significantly, investigators may also face several investigative challenges or barriers, which can affect solvability. 41

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Forensically Aware Offenders Forensically aware offenders are likely to produce unique challenges for investigators. Forensic awareness refers to an offender exhibiting knowledge of forensic evidence and thereby adjusting their offending behaviours to avoid detection (Beauregard and Martineau, 2016). This may be done by taking extra measures to protect their identity, such as through wearing gloves to avoid leaving fingerprints; attempting to alter, conceal or destroy physical and forensic evidence (including the body of the victim); or committing the homicide in a remote location in order to prevent the risk of witnesses (Beauregard and Martineau, 2014; Beauregard and Martineau, 2016; Ferguson and Pooley, 2019a). Forensically aware offenders may also lie to the police or fabricate an alibi in order to misdirect the investigation (Ferguson, 2019). Beauregard and Martineau (2014) examined a sample of solved and unresolved sexual homicide cases, finding that offenders taking measures in order to avoid leaving forensic evidence at the scene only occurred in a minority of cases. This suggests that exhibiting forensically aware behaviours may not be as common as assumed. The study found it was more common for the offender to attempt to conceal the victim’s body, however, which still has the potential to delay and therefore impede the investigation (Beauregard and Martineau, 2014). Offenders may also stage crime scenes. This process refers to an offender deliberately altering evidence and the crime scene itself in order to mislead investigators regarding the events that occurred (Ferguson, 2014; Ferguson and Petherick, 2016). For example, offenders may mask a homicide in order to make it appear as a suicide or may stage the scene of a homicide to appear as though it occurred within the context of a burglary instead of an interpersonal conflict between intimate partners (Ferguson, 2014; Ferguson and Petherick, 2016). Offenders with a close relationship to the victim may be motivated to engage in crime scene staging, particularly if they believe they may be considered a primary suspect due to this close relationship (Ferguson, 2014). Staging may be achieved through disrupting the objects at the scene, rearranging or manipulating the placement of the weapon and/or the victim’s body, simulating self-inflicted injuries on the victim or forging a suicide note (Ferguson and Petherick, 2016). While crime scene staging is intended to mislead investigators, research shows that the staging methods employed by offenders are often simple and predictable and that the closer the relationship between the victim and offender, the easier the homicide is to solve (Ferguson and Petherick, 2016). Therefore, as well as examining forensic evidence, investigating victimology may be critical in solving homicides that involve a staged crime scene or a forensically aware offender. Indeed, approximately half of the homicides staged as suicides examined by Ferguson and Petherick (2016) resulted in a confession, primarily due to the offender being confronted with investigative inconsistencies as well as autopsy results. The matter discussed in Case Study Three demonstrates some of the challenges police face in a stranger perpetrated homicide and significance of having substantial solvability factors missing.

Case Study Three – Stranger A 45-year-old single itinerant man of colour was found beaten to death in a public park. His time of death was listed as between midnight and 0700. He was a long-term unemployed man whose records showed that he suffered from an intellectual disability as well as schizophrenia. He did not use drugs or alcohol. Police discovered that the victim had previously 42

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been assaulted in the same park, where he eventually died. Known to frequent local homeless shelters, places of religion and railway stations, he was a quiet, unassuming man. He did not have a strong bond with his biological family due to his illnesses. His cause of death was listed as blunt-force trauma to the head and chest. A POI was identified and was later requested by police to give a statement at a Coronial inquest. Upon receiving legal advice, he declined to answer any questions. The case remains unresolved. This case remains unresolved due to several problems. They include scene degradation due to rain and other environmental factors, and the crime scene was in a public park, resulting in contamination from multiple sources not connected with the incident. Additionally, there was a lack of witnesses, and the victim’s remains were not discovered for over 12 hours.

No-Body Homicides A further barrier affecting the solvability of a homicide investigation is instances where the body of the victim has not been recovered. In these cases, investigations may be impacted by a lack of evidence that may have been retrieved from the body – for example, ability to determine cause or circumstances of death (Ferguson and Pooley, 2019a). Therefore, investigators must rely on the collection of evidence left at the primary or secondary crime scenes. Indeed, within an Australian study comparing solved versus unresolved no-body homicides in Australia, Ferguson and Pooley (2019a) found that determining the victim’s place of death and the discovery of DNA and/or blood samples at a person of interest’s home or vehicle were positively associated with solvability; however, inability to determine place of death or to recover the body were negatively associated with the likelihood of solving the homicide. Additionally, the homicide may initially be reported and then subsequently investigated as a missing person’s case. This can prove particularly challenging as establishing a missing person as deceased is difficult and can cause significant investigative delays, particularly if the body is not recovered quickly (Ferguson and Pooley, 2019a). When a missing person is presumed dead in Australia, the matter is referred to the coroner (Dartnall and GoodmanDelahunty, 2016). However, different jurisdictional requirements in reporting suspected deaths may result in significant delays, in some cases more than 10  years (Dartnall and Goodman-Delahunty, 2016). This is concerning due to the inevitable decline in the accuracy and quality of evidence and witness statements over time (Dartnall and GoodmanDelahunty, 2016). In order to mitigate this issue, New South Wales (NSW) implemented a requirement for police to refer a matter to the coroner if the missing person is classified as a long-term missing person (over 12 months) with no signs of life (Dartnall and Goodman-Delahunty, 2016). However, Dartnall and Goodman-Delahunty (2016) found that even in cases where death was established, the coroner was commonly unable to determine specific circumstances of death, predominantly due to insufficient evidence. Even in cases where the body is eventually discovered, delay in retrieval of the body often results in the destruction of important evidence (Ferguson and Pooley, 2019a). Unfortunately, this also does not consider the ‘missing, missing’ population. The ‘missing, missing’ population refers to the number of missing persons who may also be victims of homicide that are never reported or even known to be missing (Quinet, 2007). Transient populations, including sex workers and the homeless, are particularly vulnerable, as are runaways or young people who are unable to return to their family homes (Quinet, 2007). Quinet (2007) highlights the vulnerability of these populations as targets of homicide in the United States due to their likelihood to remain ‘unmissed’ for an extended period (p. 327). The Green 43

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River serial killer, for example, targeted these populations for this reason (Quinet, 2007). It is therefore not impossible that there is also a dark figure of ‘missing, missing’ homicide victims in Australia.

Child Homicides Exploring the ‘dark figure’ of child homicides in Australia, Frederick et al. (2012) note that there are several barriers to homicide solvability in cases where the victim is a child or an infant. Factors affecting solvability that are unique to child and infant homicides particularly centre on the clandestine nature of these crimes. For example, it may be difficult to differentiate intentionally inflicted injuries from those which are accidental or unintentionally inflicted, particularly when they are intended by the perpetrator to appear unintentional. It is noted that in these cases there is often a lack of witnesses or determinative forensic evidence (Frederick et al., 2012). This is particularly pertinent in the case of infants who are vulnerable to an intentional death orchestrated with minimal signs of violence, such as through neglect or suffocation, or a death which may be deliberately caused but not easily distinguished from other causes of death, including sudden infant death syndrome (SIDS) (Frederick et al., 2012). Additionally, while violence or neglect may consequently result in death, it may not be the immediate cause, specifically in cases where the child or infant dies as a result of a medical condition associated with the abuse or neglect (Frederick et al., 2012). Due to the lack of evidence and witnesses associated with this type of crime, Frederick et al. (2012) note that it may be difficult to inform intent or to directly establish that the death was caused by the actions of another and therefore may not be easy to prosecute.

What Factors May Assist Solvability? In addition to the known solvability factors discussed within this chapter, there are other investigative techniques and tools that may assist homicide solvability. Understanding victimology is particularly useful in this regard. For example, many homicides are precipitated by an incident which occurs within the last 24 hours of the victim’s life; therefore, investigating what occurred in those last 24 hours is an effective tool (McKinley, 2015). Additionally, interviewing witnesses, family and friends, colleagues and associates of the victim in a timely and comprehensive manner as well as accessing information about the victim through publicly available records and surveillance tools such as CCTV footage is also useful in order to understand the victim and their circumstances, establish investigative leads and identify inconsistencies which may assist in the identification of a POI (Ferguson and Pooley, 2019b; McKinley, 2015). Continued development of investigative technologies and techniques is also important in order to increase solvability. Mouzos and Muller (2001) identified that the use of technology including telephone intercepts and listening devices were important to assist solvability, as are resources including Crime Stoppers, an online and telephone service encouraging members of the public to assist investigators by reporting information relating to unresolved crimes and suspicious activity (Crime Stoppers, n.d.). In addition to available technologies, Australian criminological research is important for developing and testing new investigative techniques and technologies which may prove useful to assist solvability for future investigations. For example, Ryan et al. (2020) tested enhanced cognitive interviewing (ECI) against a free recall

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(FR) strategy in a mock homicide scenario in order to test if ECI may assist in memory recall in order to locate the bodies of victims in no-body homicides. The study found that ECI produced more specific details regarding landmarks and actions, suggesting that this technique may be useful in order to enhance homicide solvability, particularly in the context of jurisdictions with no body, no parole legislation (Ryan et al., 2020). Finally, emphasis must be placed on continued training and attention to detail whilst investigating homicide cases. While technology is an invaluable asset to homicide investigations, some detectives have expressed concerns regarding an over-reliance on technology “at the expense of traditional investigative practice, leading to some de-skilling of detectives” (Brookman et al., 2019, p. 162). Emphasis on precision and detail is crucial to ensuring best practice when investigating homicide. This includes an understanding of common offender behaviours. For example, previous research notes that homicide offenders in no-body cases tend to hide bodies in isolated, familiar locations, and this location is often planned prior to the commission of the homicide (Ferguson and Pooley, 2019b). Additionally, offenders who exhibit forensic awareness have been found in previous research as tending to have long histories of fraud and lying for personal gain or may fabricate an alibi (Ferguson, 2019). Experience with and awareness of these offender behaviours may assist to guide the investigation and uncover previously undiscovered evidence.

Conclusion Australian homicide solvability is amongst the highest in countries that record case clearance statistics. This is due to many factors that include good management practices, well-trained police who are motivated to close homicide cases by arrest and best-practice forensic techniques. As discussed within this chapter there are several critical factors that affect the solvability of homicides. The first is dependent on the crime itself. For example, if the crime was committed by a stranger and the motive was unknown (therefore, no obvious suspects), it will be inherently more difficult to solve. The other issue concerns police responses to the crime, which include issues such as having competent, experienced detectives, being able to collect and analyse the evidence, and having the time to work the case. Homicide solvability is also dependent on the investigator’s tenacity and resolve to do their best by each individual victim. This author believes that all homicides are potentially solvable; however, there are some that will require a disproportionate amount of time, resources and effort. Research has highlighted common factors for both solved and unresolved homicides; however, this requires a non-discretionary resourcing model to make it successful. Specific characteristics of homicide events such as percentages of concomitant homicide, stranger relationship, gang homicide and victim discovery location are significantly and consistently associated with the decline in the homicide clearance rates. These variables for positive clearance were tested annually by the National Homicide Monitoring Program crosssectionally and longitudinally. Finally, future research should review the positive impact on crime solvability of community policing, particularly where there are high-risk potential victims, such as those with significant family and domestic violence history, substance dependency and large homeless or itinerant populations. Additionally, given that for many unresolved matters there was little to no witness information, human source development and management could provide police investigators with valuable information which would otherwise not be available.

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Note 1 All cases resulting in a person or persons being charged with murder or manslaughter; all driving causing death offences where the offender was charged with murder, manslaughter or equivalent offences; all murder suicides classed as murder by police; and all other deaths classed as homicides by police, including infanticides, whether an offender was apprehended (Bricknell, 2021, p. 4).

References Beauregard, E., and Bouchard, M., 2010. Cleaning up your act: Forensic awareness as a detection avoidance strategy. Journal of Criminal Justice, 38, 1160–1166. Beauregard, E., and Field, J., 2008. Body disposal patterns of sexual murderers: Implications for offender profiling. Journal of Police and Criminal Psychology, 23 (2), 81. Beauregard, E., and Martineau, M., 2012. A descriptive study of sexual homicide in Canada: Implications for police investigation. International Journal of Offender Therapy and Comparative Criminology, 57 (12), 1454–1476. Beauregard, E., and Martineau, M., 2014. No body, no crime? The role of forensic awareness in avoiding police detection in cases of sexual homicide. Journal of Criminal Justice, 42, 213–220. https://doi. org/10.1016/j.jcrimjus.2013.06.007 Beauregard, E., and Martineau, M., 2016. Does the organised sexual murderer better delay and avoid detection. Journal of Interpersonal Violence, 31 (1), 4–25. https://doi.org/10.1177/0886260514555129 Black, D.J., 1976. The behaviour of law. Cambridge: Academic Press. Boudouris, J., 1973. A classification of homicides. Criminology, 11, 525. Brage, A.A., and Dusseault, D., 2018. Can homicide detectives improve homicide clearance rates. Crime & Delinquency, 64 (3), 283–315. Bricknell, S., and Doherty, L., 2021. Homicide in Australia 2018–19 (no.34). Australian Institute of Criminology. Available from: www.aic.gov.au/sites/default/files/2021-03/ sr34_homicide_in_australia_2018-19.pdf Brookman, F., and Innes, M., 2013. The problem of success: What is a “good” homicide investigation? Policing and Society: An International Journal of Research and Policy, 23, 292–310. Brookman, F., Maguire, E.R., and Maguire, M., 2019. What factors influence whether homicide cases are solved? Insights from qualitative research with detectives in great Britain and the United States. Homicide Studies, 23 (2), 145–174. https://doi.org/10.1177/1088767918793678 Chan, A., and Payne, J., 2013. Homicide in Australia: 2008-09 to 2009-10 national homicide monitoring program annual report. https://www.aic.gov.au/publications/mr/mr21 Crime Stoppers, n.d. How it works. Available from: https://crimestoppers.com.au/how-it-works/ Dartnall, S., and Goodman-Delahunty, J., 2016. The coronial investigation of suspected deaths: Prevalence and outcomes in New South Wales. Journal of Law and Medicine, 23 (3), 609–627. Davis, R.C., Jensen, C.J., Burgette, L., and Butnett, K., 2014. Working smarter on cold cases: Identifying factors associated with successful cold case investigations. Journal of Forensic Sciences, 59 (2), 375–382. Ferguson, C., 2014. Staged homicides: An examination of common features of faked burglaries, suicides, accidents, and car accidents. Journal of Police and Criminal Psychology, 30, 139–157. Ferguson, C., 2019. Forensically aware offenders and homicide investigations: Challenges, opportunities, and impacts. Australian Journal of Forensic Sciences, 51 (1), 128–131. Ferguson, C., 2021. Detection avoidance in homicide: Debates, explanations and responses. London: Routledge. Ferguson, C., and McKinley, A., 2020. Detection avoidance and mis/unclassified, unsolved homicides in Australia. Journal of Criminal Psychology, 10 (2), 113–122. Ferguson, C., and Petherick, W., 2016. Getting away with murder: An examination of detected homicides staged as suicides. Homicide Studies, 20 (1), 3–24. Ferguson, C., and Pooley, K., 2019a. Comparing solved and unresolved no-body homicides in Australia: An exploratory analysis. Homicide Studies, 23 (4), 381–403. https://doi.org/10.1177/1088767919852381 Ferguson, C., and Pooley, K., 2019b. Australian no-body homicides: Exploring common features of solved cases. Journal of Forensic and Legal Medicine, 66, 70–78.

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Homicide Investigations in Australia Frederick, J., Goddard, C., and Oxley, J., 2012. What is the ‘dark figure’ of child homicide and how can it be addressed in Australia?. International Journal of Injury Control and Safety Promotion, 20 (3), 209–217. https://doi.org/10.1080/17457300.2012.724691 Geberth, V.J., 2020. Practical homicide investigation: Tactics, procedures, and forensic techniques. Cambridge: CRC Press. Goldsworthy, T., 2017. Three charts on: Australia’s declining homicide rates. The Conversation. Available from: https://theconversation.com/three-charts-on-australias-declining-homicide-rates-79654 [Accessed 13 June 2021]. Guoliang Qiu, 1988. The theory of crime motive. Beijing: Publishing House of Law. Hirschy, T., 2003. The usual suspects: Do solvability factors predict case investigation outcomes for the clearance rates of burglary. Unpublished Masters Thesis. Dublin, Ohio Division of Police. Provided by author to researcher. Keel, T.G., Jarvis, J.P., and Muirhead, Y.E., 2009. An exploratory analysis of factors affecting homicide investigations. Homicide Studies, 13, 50–68. Korosec, L., 2012. The changing nature of homicide and its impact on homicide clearance rates: A quantitative analysis of two trends from 1984–2009. Master’s Thesis. The University of Western Ontario. McKinley, A., 2015. Homicide solvability and applied victimology in New South Wales, 1994–2013. Unpublished Doctoral Thesis. Bond University. McKinley, A., and Ferguson, C., 2021. The role of detection avoidance behaviour in solving Australian homicides. Salus Journal, 9 (2), 57–66. Mouzos, J., and Muller, D., 2001. Solvability factors of homicide in Australia: An exploratory analysis (no. 216). Australian Institute of Criminology. Available from: www.aic.gov.au/sites/default/ files/2020-05/tandi216.pdf Polk, K., 1994. When men kill: Scenarios of masculine violence. Boca Raton: Cambridge University Press. Quinet, K., 2007. The missing missing: Toward a quantification of serial murder victimization in the United States. Homicide Studies, 11 (4), 319–339. https://doi.org/10.1177/1088767907307467 Quinet, K., and Nunn, S., 2014. Establishing the victim – Offender relationship of initially unresolved homicides: Partner, family, acquaintance, or stranger? Homicide Studies, 18, 271–297. Regoeczi, W.C., Jarvis, J., and Mancik, A., 2020. Homicide investigations in context: Exploring explanations for the divergent impacts of victim race, gender, elderly victims, and firearms on homicide clearances. Homicide Studies, 24 (1), 25–44. Regoeczi, W.C., Jarvis, J., and Riedel, M., 2008. Clearing murders is it about time?. Journal of Research in Crime and Delinquency, 45 (2), 142–162. https://doi.org/10.1177/0022427807313706 Ryan, N., Westera, N., Kebbell, M., Milne, R., and Harrison, M., 2020. To know where the bodies are buried: The use of the cognitive interview in an environmental scale spatial memory retrieval task. Applied Cognitive Psychology, 34 (3), 565–576. Sturup, J., Karlberg, D., and Kristiansson, M., 2015. Unresolved homicides in Sweden: A populationbased study of 264 homicides. Forensic Science International, 257, 106–113. Wellford, C., and Cronin, J., 1999. An analysis of variables affecting the clearance of homicides: A multistate study. Washington, DC: Justice Research and Statistics Association.

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4 HOMICIDE INVESTIGATIONS IN THE UNITED STATES Richard M. Hough and Kimberly D. McCorkle

While the US is neither in the list of ten countries with the highest homicide rate nor the ten with the lowest rate, the need to investigate such events occurs with some regularity (United Nations Office on Drugs and Crime (UNODC), 2019). Grouped in the Americas by the UN study for statistical purposes, the region showed the world’s highest average rate at 17.2 per 100,000 in 2017. The US rate appeared low in 2018 at five compared, for example, to Brazil at 27.4 (2018 UNODC rates for both). Yet each case represents the life of a person taken away by someone else. In 2020, the United States experienced a spike in homicide events not seen since the statistics were first gathered in this way in the 1960s, jumping an alarming 29.4% in the homicide rate from 2019. The rate represented 4,901 more murders. This increase was part of an overall 5.6% increase in violent crime for 2020, according to the FBI, even while overall crime in the US continued its 20-year decrease. Homicide was estimated by the FBI to be 6.5 per 100,000 of population. Violent crime fell in small cities but increased in all other urban size categories. Through June 2021, the homicide rate was still up but not as much as 2020 and still significantly below the rates of the early 1990s. As in other countries, most homicide perpetrators in the US are men, as are the victims. Intimate partner homicide (IPH) remains second by volume, with men killing women as the predominant scenario. Confrontational homicide, predominantly between two males, remains the most common homicide type, and the offender-victim dyad sees the two as unknown to one another or brief acquaintances. The two age categories for offenders identified show a majority of them between 20 and 39  years of age, with similar ages for victims. Intimate partner homicide remains the second largest category of murder in the United States, which is similar to countries around the world. More than 70% of killings were accomplished with some type of firearm, representing an ongoing challenge for the country generally and for law enforcement specifically. The statistics, and whatever trends may be gleaned, are important barometers for local communities, typically more than the nation as a whole. The year 2020 may have been different. With the COVID-19 pandemic affecting the entire country, researchers must already examine closely what other correlates may form the constellation of causality. Speculated as another driver was the killing of George Floyd by a police officer. This tragedy sparked further anger and resentment towards law enforcement everywhere and a somewhat expanded 48

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understanding by many that the historic lack of equality in the US does not merely represent criminal justice system challenges. For those agencies and officers tasked with criminal investigations, the hypothesised “pullback” of some community engagement resulting from both circumstances affects the cooperation and information flow between citizens and their law enforcement officers and agencies. Each country in the world is faced with some number of homicide events and the subsequent investigation of those events by authorities. This similarity defines a common ground that brings not only researchers together to try and understand the factors involved and perhaps offer some insights to guide policy or practices but also brings practitioners within justice agencies together to share investigative insights and methods. The backdrop of the United States contemporary experience with criminal homicide shares some broad social factors here or there with various other countries, but the unique constellation of factors that informs the US milieu includes the following: • Historic racial, ethnic, and economic inequality • The federalism structure of governance shared between the central national government and the subunits consisting of states, counties, and cities • Varied resources for investigations based on agency size or access to support from other agencies • A “firearm culture” • Increasing access to information and data • Increased transparency of law enforcement efforts and action In any country, the initial work done by the first-responding patrol officers to a reported or suspected homicide are often critical to a successful investigation. Most crimes require a similar series of functions in the preliminary and follow-up investigative phases. The personnel and technological resources available for the initial and later response in such investigations varies not only by country but within each country, and this is true in the United States. The United States is a country with an estimated 2021 population of more than 330,000,000. According to the 2020 US Census, the race category of White alone was 61.65, Black or African American alone was 12.4%, American Indian or Alaska Native alone was 1.1%, Asian alone was 6.0%, Native Hawaiian and Other Pacific Islander was 0.2%, and the percentage of two or more races was 10.2%. Various other subgroups and combinations illustrate a heterogeneous society that is further described by looking at economic distribution, religious belief systems, ethnicity, and recency of immigration to the country. Historically, the United States was founded by breaking away from Great Britain in the late 18th century. A partial effect of the American Revolution and subsequent formation of the United States of America was the system of government known as federalism. The duallevel arrangement has the national government exercising law making over assumed matters that affect all citizens, with state and local-level governments enacting law to govern issues of a more local nature. This definition is simplistic but is foundational to several of the architectural issues of the criminal justice and legal systems in the US and the unique method of policing that has led to the existence of some 18,000 law enforcement agencies, each with their own directives, personnel, hierarchy, and methods of policing, including the investigation of homicide. Criminal homicide is of course unlawful in each of the country’s 50 states and its territories, but each of these subunits may phrase their statutes addressing homicide differently and assign 49

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punishment as decided upon by the electorate of the state or territory. To examine the investigation of criminal homicide, it is simply important to know that criminal charges will be put forward by the prosecutor in the affected jurisdiction. For the investigative team, gathering available information and potential evidence gives the prosecutor what she needs to make a charging decision if a suspect has been identified. Various practitioner authors (e.g., Geberth, 2015) have compiled checklists and crime scene procedures for personnel at a homicide scene. Checklists are only one component of such investigations. The guidance for officers investigating criminal homicide typically comes in the form of training offered by regional police academies, educational institutions, private companies, various government agencies, and the procedures of the units charged with the investigations (Braga and Dusseault, 2018). Guidelines have also been developed by both government and professional organisations, including the National Institute of Justice, a collaborative guide developed by the Bureau of Justice Assistance (BJA), the International Association of Chiefs of Police (IACP), the Institute for Intergovernmental Research (IIR), and the Police Executive Research Forum (PERF). In the United States, crime “clearances” are guided by the FBI’s Uniform Crime Report (UCR) system. The categories of clearance are cleared by arrest (someone charged or turned over to the court or, if a juvenile, cited to court) and cleared by exceptional means. In the latter category, the agency must have the following: • Identified the offender • Gathered enough evidence to support an arrest, make a charge, and turn over the offender to the court for prosecution • Identified the offender’s exact location so that the suspect could be taken into custody immediately • Encountered a circumstance outside the control of law enforcement that prohibits the agency from arresting, charging, and prosecuting the offender (FBI, UCR) Clearance rates in the United States have declined from about 90% in the 1960s to just over 61% in 2019 (FBI, 2020). Researchers have examined factors and characteristics of the event (Jarvis and Regoeczi, 2012), as well as actions of the investigators (Pizarro et al., 2020; Wellford and Cronin, 1999) and the previously mentioned resources available to an agency (Carter and Carter, 2016; Worrall, 2019).

Police on the Scene Hollywood portrays dozens of officers, technicians, and detectives swarming over a murder scene, all performing various duties earnestly and rapidly. We would like to think that the majority of the public understands that this is rarely an accurate depiction of most homicide investigations. The available personnel for initial investigation, crime scene examination and processing, and follow-up detective work varies greatly with the size of the agency and investigative resources. Some departments, though not many, are large enough to maintain a homicide or persons crimes unit, while other departments rely on cooperative assistance from larger departments, a task force approach of regional agencies, or the assistance of a state law enforcement agency. A murder may begin in one location and end in another, leading to multiple scenes. A person who is initially assaulted on the street may be taken by car to a building where the person is killed, only to be taken via a different vehicle to a remote location where the victim’s body is 50

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left. Each location is a scene that may yield physical evidence. And each may be in a different jurisdiction calling on multiple agencies to coordinate investigation. Referred to as the primary scene, the location where the victim is found is what we will comment on. A reported or suspected homicide typically begins with patrol officers responding. Most areas in the United States are served by an agency that has the means to reach even remote areas in a relatively timely manner. Arriving as quickly as possible to preserve the scene and search for suspects can lead to more successful outcomes. Officers may respond from multiple jurisdictions until primary agency jurisdiction is established.

Arriving With Multiple Priorities American police are taught in the academy that when the officers arrive on the scene, they must think simultaneously about their own safety and whether there is anyone at the scene in need of immediate assistance medically or due to the threat of a still-present offender. Sometimes, responding officers will know victims or suspects are present, but more often, they will not know this. Caution, therefore, is always the order of the day when approaching. If the scene appears deserted save for a victim, the officers do not let down their guard as an offender may be nearby and possibly lying in wait. Offenders also may return to scenes they have left. In some cases, officers and additional victims have been killed or injured when a killer returns. When the scene is relatively secured, the officer begins to immediately further secure the scene, notify dispatch and supervisors, and summon additional resources. The crime scene may be vulnerable to the degradation of weather or the contamination by witnesses, fire or emergency medical personnel, or even other police officers. An injured victim or suspect can be a source of information about what has occurred and what law enforcement may need to accomplish – and quickly. If the person must be taken to a hospital, an officer may accompany the medical crew to try and gather statements, including the potential for what is referred to as a dying declaration, which may be admissible in court based on law in the various states. Interviewing or interrogating a suspect is typically accomplished by a detective, and only after providing the individual the warning of constitutional rights, referred to in the United States as a Miranda warning. Statements made extemporaneously will generally be admissible in court even before a suspect is advised of their rights. Identifying and gathering even the most minute evidence has benefited through improved technology. Validation of the methods used by criminalistics personnel remain debated by those in the scientific community. In the United States, the admission of scientific tests or findings are guided by the Daubert rule. The experts who present such evidence must articulate the principles utilised are reliable and accepted within the discipline. Another component of many investigations, that of eyewitness identification, has also received scrutiny over a period of decades. Law enforcement agencies and investigators must utilise sound techniques and clear policies in the conduct of such identification. In addition, it is unusual that the case against a suspect would be built solely on eyewitness identification. The use of DNA evidence by groups such as the Innocence Project has revealed wrongful convictions in cases that frequently hinged on an eyewitness identification subsequently shown to be inaccurate. Not only agency policies but also state and federal law have addressed procedures for eyewitness identification across much of the United States. Eyewitness identification procedures are among investigative errors or failures identified through research (Eck and Rossmo, 2019). Another technique utilised in homicide investigations the world over is the neighbourhood canvass. This involves personnel going door to door in the area where a crime was committed 51

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in an attempt to speak to anyone who may have information about the crime. We mention this routine but important tool in this chapter because surely the relationship a law enforcement agency has with the citizens is implicated in how productive activities such as canvassing may be (Jarvis and Regoeczi, 2012; Roberts and Lyons, 2011). The neighbourhood canvas may also identify businesses and residences that have video that may aid an investigation. Once again, agency size or number of personnel available to devote to such functions create an uneven playing field compared to better-resourced departments.

Investigators In the mind of the public, and similarly to the CSI effect, a lone detective animates the entire investigative effort. For homicide cases, more than one investigator will respond initially if the department is large enough to have multiple detectives. If not, a regional task force may be activated, or the department may call upon the assistance of a larger department. The correlation between the numbers of detectives responding to a homicide and case clearance, noted by Wellford and Cronin (1999), is notable. This seems logical, but each person must also have very specific duties assigned, tracked, and documented (Pizarro et al., 2020). Relatedly, the assigned investigators should be adequately trained, possess requisite experience in investigations, and be guided by clear and thorough policies (Fahsing and Ask, 2016). Once detectives and crime scene technicians arrive, a thorough crime scene search will be conducted. In the United States, once any emergency at a crime scene has passed, it is typical to require consent to search from someone with legal standing to grant permission or obtain a search warrant from the court. Contact between the assigned investigator and the prosecutor will often occur at this point in an investigation to ensure that the search is conducted with the proper legal authority so that all evidence obtained can be admissible in a subsequent court proceeding. The investigative function must also be managed. The case management software widely available now helps in performing this function. Shared file review, progress report timeframes, and computerised checklists are all designed to help manage both the activities of personnel and also the vast amount of information brought into current investigations from so many sources. Identifying potential suspects, and even some efforts at prevention, may result from intelligence-led and evidence-based practices that also leverage the analysis of raw data and records.

Documentation From the primary patrol officer to witnesses, victims, detectives, and suspects, proper documentation is critical to an investigation. US police personnel have increasingly utilised video and digital recording of the scene and some evidence-gathering functions to create images for later review or presentation in court. Camera recording equipment that captures a scene for three-dimensional rendering is seen on TV and in the movies, and some agencies utilise such equipment to aid in analysis performed later by computer software as well as in reviews with prosecutors and experts and presentations in court. As mentioned earlier, neighbourhood canvassing can be important to many cases. Cases selected for review after being considered “cold” have often revealed errors in the initial door-to-door effort. Whether officers neglected to go back and check addresses where they had not previously found anyone home or made mistakes in documenting which addresses had 52

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been checked can hamper an investigation. Even the smallest agencies may utilise smartphones to record pictures and take advantage of dictation capabilities for notetaking at the scene.

Collection of Evidence Evidence collected at the scene of a murder may give clues not only as to who committed an act but also why the crime was committed. Popular US television shows have fictionalised the service sometimes provided by the FBI to local or state agencies in developing leads or profiles of a possible suspect based on information gathered about the crime scene. If this help is sought, it may involve a serialised crime, one in which one or more individuals is suspected of committing a series of crimes. A primary attribute of the scene or item of evidence may be considered a “signature” seen repeatedly in crimes. The FBI’s Crime Scene Analysis Unit may be able to create a profile based on the scene information, identifying the common characteristics (Miller, 2013). The linkages between crimes and an offender may become clear when compared across multiple scenes and when considering similar crimes previously catalogued by the unit. A profile may lead to strategies for the investigation or when interviewing persons of interest in a case (Pecino-Latorre et al., 2019).

Biological Evidence Technological advances have allowed criminalists to gather minute traces of substances. Other equipment and methods have allowed laboratory technicians and scientists to assess and test the items for evidential value. Mentioned elsewhere, discussion and debate still go on regarding some methods and processes as to rigour at varying levels of analysis. DNA analysis and comparison certainly caught the imagination of the public and criminal justice community as holding the potential for near-irrefutable evidence of someone’s presence somewhere. The results of testing do not come inside of one hour as on television. Cases may be backlogged for months, aggravating the problem of a process that already is not as fast as some believe (Gabriel et al., 2010). Also, the value of any test results for many cases may be minimal or simply come too late to be significant to an investigation outcome (McEwen and Regoeczi, 2015; Peterson et al., 2010). DNA samples and comparisons in the United States are stored locally in some states but also are generally submitted to the CODIS (Combined DNA Index System) of the FBI for possible matching to a known individual. Because of laws in the US, not every sample gathered in different jurisdictions and for different reasons will automatically be available for comparison. Moral or ethical questions also arise beyond the practical or legal for DNA samples. Some states gather DNA more widely than do others. Acquisition from genealogical databases have also helped solve some cold cases but concern privacy advocates and others who examine the parameters of the Fourth Amendment to the US constitution that addresses search and seizure issues (Maclin, 2006).

Medical Examiner/Coroner Once again illustrating the federalism in the US, the use of a medical examiner or coroner (ME/C) varies by state and sometimes within states. The medical examiner or coroner establishes the cause of death and the manner of that death. For example, a person’s cause of death may be the result of blunt-force trauma, blood loss, asphyxiation, or one of the several mechanisms of death. The manner of death is classified as natural, accidental, suicide, homicide, or 53

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unknown. These findings are significant to how criminal investigators proceed. The medical examiner or coroner typically also has the responsibility of identifying the victim for official reporting purposes. A major challenge in the United States is the variation in death investigation systems from state to state and even within states. A medical examiner is typically a medical doctor and most often has advanced forensic training. Ideally, the ME is a forensic pathologist. Currently only about one-third of the counties throughout the US are served by a medical examiner system. The remainder have a county or state coroner system. Coroners are selected in some jurisdictions, appointed in others. A coroner need not be a physician in many areas, let alone have specialty training in forensic pathology. Various boards and commissions in the US have critiqued and recommended improvements in the system to include standardisation, increased funding, increased resources including laboratories, and efforts to recruit personnel. Insufficient funding, trained personnel, and certified laboratories are a significant challenge in much of the country. Coordination between medical examiner or coroner and law enforcement investigators is tremendously important in the investigation of homicides, suicide, and equivocal death cases.

Prosecutors In the United States, the entry of a formal charge is the role of a prosecutor, on behalf of the state. An officer may physically arrest someone based on the US standard of probable cause, but the decision to proceed with a prosecution is reached when the prosecutor enters the formal charges. Coordinating with the prosecutor can assist detectives in obtaining search warrants, considering areas of interest to question a suspect or witness about, and assisting with lineups, as a few examples. Later in the process of a case, the prosecutor will present the assembled evidence and theory of the case to a jury. If the prosecutor (or defence counsel) believes that the members of the jury will benefit from explanation of evidence processing or the meaning of test results, he may bring it into court various experts. And if the jurors are still uncertain about the evidence, they may evaluate the expert’s credentials and weigh the evidence based on that personal assessment (Singer et al., 2007). The testimony by an expert is generally guided by the Daubert standard requiring the testing and presentation of opinions being relevant and based on accepted standards and methods in the field of expertise. Evaluating whether the expert’s contributions fit this standard is a responsibility of the trial judge. In all criminal cases in the US, prosecutors must prove a defendant’s guilt by the legal standard of beyond a reasonable doubt.

Technology During both the preliminary and follow-up phases of an investigation, technology plays an important role in not only documentation but also gathering evidence and some initial analysis of some substances. Patrol officers arriving first at most scenes are trained to note scene conditions when it is safe to do so. Presumptive tests at a crime scene may test for blood or other fluids, flammable substances, fingerprints, drugs, explosives, and gunshot residue. Substances initially testing positive will be forwarded to a laboratory for confirmation testing. Presumptive testing on scene can, in many cases, help establish probable cause for an arrest or expanded search under US laws. Confirming tests of substances initially identified will often follow at a laboratory. The care taken in gathering, submitting, and analysing evidence is critical. Well-publicised errors uncovered at laboratories, including those of the FBI, have fueled the ongoing criticism of some contemporary processes within criminalistics. 54

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Computers are not ubiquitous in the criminal justice settings of all countries. However, in the US, officers and crime-scene technicians routinely utilise laptops, while agency records are quickly searchable on mainframe computers. The availability of computer databases and software has increased the efficiency and effectiveness of all types of investigations, including homicide. With computers routinely available to patrol officers, detectives, crime analysts, and other actors within the criminal justice system, it would be difficult to overestimate their impact. A  significant tool in contemporary investigations is software used to organise the information gathered in such investigations as well as to track the steps taken by personnel during the course of an investigation. This can be more efficiently linked to prosecutors and the court at appropriate times. Information is also shared more efficiently among the many law enforcement agencies and legal jurisdictions using computers and software. Geographic information systems (GIS), as another example, can link social media, smartphones, vehicle GPS, and other technological markers of our presence to provide insights into the movement of victims and suspects. Video and digital footage from public and private sources and locations may further document both the presence and actions of individuals. The public, who also make up the pools of jurors, have been swayed by entertainment dramas to believe they know more about forensic and technological capabilities of police than what the reality is. We refer to the techno-optimism of Americans and the predictable technoexpectation of these same people for what a criminal investigation should include, in their minds. This so-called CSI effect bears mention here as we examine the realities of technology’s role in criminal justice. Prosecutors must work to educate jurors, sometimes by using expert witnesses, to mitigate the CSI effect. A component of this explanation is that crime scenes do not always yield usable or relevant evidence (Lovgren, 2004). The possible benefit may lie in some jurors being better informed than in previous years (Heinrick, 2006). Yet concerns remain that the criticality of the role of the jury in the US legal system may at times suffer (Cole and Dioso-Villa, 2009). Some people also fear that the ubiquity of television shows incorporating modern criminalistics will train criminals on how to best obscure their crimes and evade detection (Ferguson, 2019). We note that there is scant empirical evidence of this effect and that the same sophisticated state of technology benefits investigators by discerning attempts to alter crime scenes, for example.

Investigative Support Investigators who hold ultimate responsibility for the overall investigation of homicide work closely with a number of other personnel to ensure proper completion of required tasks and subsequently document all of the actions taken. Once again, unlike the fictional television and movie depictions generated by Hollywood, we find that a thorough investigation requires the effort of a number of specialised professionals, not just a lone detective (Hough, 2019). Given the volume of such fictional shows consumed by Americans over their lifetime, there is little surprise at the particularly significant impact of the CSI effect in the United States. Efforts to civilianize certain positions within law enforcement agencies has led many departments to utilise crime scene technicians who are not certified officers. Often, patrol officers may also perform some or much of the work of locating, collecting, and documenting crime scene evidence. Smaller police agencies without the resources necessary to manage a complex crime scene may call upon the assistance and expertise of a larger local agency or a state police organisation (Hough et al., 2019). 55

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In the US, crime laboratories were established beginning in the early 1900s, though typically only in large cities. The FBI laboratory came into being in 1932 with the hope of assisting agencies across the country. The availability of laboratory services is still a challenge for many midsized and smaller law enforcement agencies. Those who work in a laboratory, generally called criminalists, have varied scientific credentials and backgrounds. Criminalists and labs provide different services to provide specialised examination or analysis. This has also partly been the result of concerns over insufficient national standards for laboratories in the US as well as inconsistent qualifications for laboratory personnel indifferent locations. Led by the National Center for the Analysis of Violent Crime (NCAVC), three units assist investigations in various ways: the Child Abduction and Serial Murder Investigative Resources Center (CASMIRC), the Violent Criminal Apprehension Program (ViCAP), and the Behavioral Analysis Unit (BAU). In 2018, the National Integrated Ballistic Information Network (NIBIN) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) expanded their assistance to state and local agencies projectile and firearms comparisons. US Supreme Court decisions since around the 1970s have established expectations within the criminal justice system that law enforcement and prosecutors utilise science more than in the past to build their case where physical evidence is at issue. An increase of laboratories followed. But with the advent of DNA testing and the ongoing demand to test more drugs than ever, laboratories in different parts of the country could not fully meet demand. Backlogs at laboratories and the limitations of local agency personnel have still resulted in many localities and investigations not being able to benefit from the technology that the world assumes all American police can access.

Working With the Media Both the news media and the infotainment media lend to the impression of universally available equipment and sophisticated methods of crime solving. There is a universality to the interest in murders. The US media, whether local, regional, or national, realise that coverage of such events brings viewers or readers. News organisations rushing to beat the competition to a story can harm an ongoing investigation (Hough and Tatum, 2014). Whether a news or social media entity intentionally or inadvertently causes damage to the efforts to bring someone to justice, law enforcement must work to provide what information they can to the public through various media and seek assistance from them to seek additional information from the public. The case law stemming from the First Amendment to the US Constitution has established a solid foundation for news and other organisations to seek and receive investigative details and documents. Depending on timing of the release in the media of case details, ongoing investigations can be and are harmed (Hough and Tatum, 2014), and the rights of the accused may be infringed (Irwin, 2017). For the broad concerns of recruiting and retaining officers, media coverage dynamics are also implicated (Chatterjee and Ryan, 2020).

Perceived Legitimacy Views of the police vary from community to community and, to some extent, from issue to issue. This is also reflected at times based on demographics of the residents of an area, whether by age, race, or generational immigration or ethnicity. The killing of George Floyd not only sparked protests but also once again underscored the manner in which large portions of the public may perceive police in all communities in a negative light (Mullinix et al., 56

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2021). Conversely, there is support that policing done well lends to the legitimate view of law enforcement (Braga, 2016). The notion of members of a community devaluing police (Keel et al., 2009), while more recent than hypotheses of some in policing devaluing the public (Regoeczi et  al., 2020), is an important consideration as police agencies strive to establish and maintain the trust of their community (Madon et al., 2017; Tankebe, 2013). The historic aspects of inequality in America based on race, ethnicity, and income has driven disproportion in mortality, including by homicide, for African Americans (Jackman and Shauman, 2019). Progressing to ameliorate this state of affairs is a societal issue, not one for the police or any one group to solve. In this chapter, we highlight the reality of this ongoing condition because of its nexus with intervening in and retroactively solving homicide.

Cold Case Investigations Cold case investigations of homicide occasionally make the news when a lead develops after a lengthy period of time. Often, this is the result of someone telling another person about their involvement or knowledge after several years have passed. In other cases, long-shelved physical evidence may be tested for trace DNA that can be matched to a potential suspect in a database (Allsop and Pike, 2019). In the US, having an entire unit or even a single investigator assigned solely to this task is rare for the same reasons mentioned earlier regarding agency sizes and resources in most departments. At times, there is federal government funding available for short-term grants to address cold cases, but this does not often lead to a permanently established unit.

Conclusion In the United States, as in every country, there are particular challenges as well as rules that guide various aspects of the investigation of homicide. The rules begin with the US Constitution and the rights of individuals that flow from its amendments. The Tenth Amendment also describes the system of federalism that is the foundation for a country having 18,000 separate law enforcement agencies. The individual states and districts also have laws that guide rules of evidence and procedure that prescribe and proscribe specific acts or practices in the adversarial criminal justice system of the country. Investigative challenges include issues of racial and economic inequality, parochial organisation of policing, insufficient investigative resources, easily obtainable and often-used firearms, information and data management, and increased transparency and accountability of agencies. We have not attempted in this brief chapter to specifically address theoretical or observed causes of criminal homicide nor indeed devoted much space spent discussing trends or demographic statistics about victims and offenders. Our aim was not to treat specific issues of prevention or holding offenders accountable through the court system. Rather, we have provided broad themes impacting contemporary homicide investigation in the United States. African Americans, and men significantly, are disproportionately impacted by violence and homicide. While most crime in the US is intraracial, investigators may struggle to get information from friends or relatives of a victim about who may have committed the murder. The trust of law enforcement agencies in some communities is bound up with issues of procedural fairness and longstanding scepticism. People of little means have often been denied the full efforts of public service organisations, including the police, in the United States and around the world. Race and economic variables are significant variables when considering crime and 57

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when attempting to solve it. Co-victims and homicide survivors in the form of loved ones and friends deserve consideration in the furnishing of what information is available during and especially after a homicide investigation. Sincere and well-crafted communication to those suffering from a loss may also yield informational results and increased support from affected community members. There are more firearms in the US than there are people. While not everyone has possession of a gun, they are simply not hard to acquire. More than 30% of households have firearms. Whether or not a gun is stolen before being used in a crime or purchased lawfully may matter very little if the perpetrator is not identified. Most homicides in America are committed with a firearm, and so are most suicides. In 2019, the combined total was 40,000 people (CDC). As a practical matter, US law enforcement officers must deal with a public that is armed. We do not yet know whether the US spike in homicides in 2020–2021 will have similar clearance rates as those of recent years or whether we will find that more gang-related or confrontational homicides result in an even lower percentage clearance of these most difficult cases (Braga and Dusseault, 2018). Dissemination and sharing of information is a tool in effective homicide investigation. Yet information sharing as well as resource inequity is exacerbated by another American reality; some 18,000 separate law enforcement agencies, mostly small, approach the investigation of criminal homicide with too few personnel who are often inexperienced in major case investigations. Transparency in police operations can help in building trust with many in a community. Accountability through being open to inquiry, review, and – yes – the research efforts of academics can boost agency-community rapport and perceptions of legitimacy for the law enforcement agency. But the efforts of law enforcement alone will not ensure higher solvability (clearance) rates nor reduction in homicide events.

References Allsop, C., and Pike, S., 2019. Investigating homicide: Back to the future. Journal of Criminological Research, Policy and Practice (Online), 5 (3), 229–239. Braga, A.A., 2016. Better policing can improve legitimacy and reduce mass incarceration. Harvard Law Review Forum, 129, 233–241. Braga, A.A., and Dusseault, D., 2018. Can homicide detectives improve homicide clearance rates? Crime and Delinquency, 64 (3), 283–315. https://doi.org/10.1177/0011128716679164 Carter, D.L., and Carter, J.G., 2016. Effective police homicide investigations: Evidence from seven cities with high clearance rates. Homicide Studies, 20, 150–176. Chatterjee, D., and Ryan, A.M., 2020. Is policing becoming a tainted profession? Media, public perceptions, and implications. Journal of Organisational Behaviour, 41 (7), 606–621. Cole, S.A., and Dioso-Villa, R., 2009. Investigating the “CSI Effect” effect: Media and litigation crisis in criminal law. Stanford Law Review, 61 (6), 1335–1373. Eck, J.E., and Rossmo, D.K., 2019. The new detective: Rethinking criminal investigations. Criminology & Public Policy, 18 (3), 601–622. Fahsing, I.A., and Ask, K., 2016. The making of an expert detective: The role of experience in English and Norwegian police officers’ investigative decision making. Psychology, Crime & Law, 1–44. Federal Bureau of Investigations (FBI), 2020. Crime in the United States 2019. https://ucr.fbi.gov/ crime-in-the-u.s/2019/crime-in-the-u.s.-2019 Ferguson, C., 2019. Forensically aware offenders and homicide investigations: Challenges, opportunities and impacts. Australian Journal of Forensic Sciences, 51, S128–S131. Gabriel, M., Boland, C., and Holt, C., 2010. Beyond the cold hit: Measuring the impact of the national DNA data bank on public safety at the city and county level. The Journal of Law, Medicine & Ethics, 38 (2), 396–411. Geberth, V.J., 2015. Practical homicide investigation: Tactics, procedures, and forensic techniques. Fifth edition. Boca Raton, Florida: CRC Press.

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Homicide Investigations in the United States Heinrick, J., 2006. Everyone’s an expert: The CSI effect’s negative impact on juries. The International Journal of Science, Society, and Law, 3 (1). Hough, R.M., 2019. The Investigation of Homicide. Homicide Studies, 23(2), 87–92. Hough, R.M., McCorkle, K.D., and Harper, S., 2019. An examination of investigative practices of homicide units in Florida. Homicide Studies, 23 (2), 175–194. Hough, R.M., and Tatum, K. D., 2014. Murder investigation and the media: Mutual goals. Law Enforcement Executive Forum, 14(3), pp. 71–85. Irwin, J., 2017. Good TV makes bad justice: How the rules of professional conduct can protect fair trial rights. Iowa Law Review, 102 (5), 2325–2356. Jackman, M.R., and Shauman, K.A., 2019. The toll of inequality: Excess African American deaths in the United States over the twentieth century. Du Bois Review, 16 (2), 291–340. Jarvis, J., and Regoeczi, W., 2012. Homicide solvability. The Police Chief, 79 (8), 10–11. Keel, T.G., Jarvis, J.P., and Muirhead, Y.E., 2009. An exploratory analysis of factors affecting homicide investigations: Examining the dynamics of murder clearance rates. Homicide Studies, 13 (1), 50–68. Lovgren, S., 23 September 2004. “CSI’ effect” is mixed blessing for real crime labs. National Geographic News. Available from: http://news.nationalgeographic.com.news/2004/09/0923_040923_csi.html Maclin, T., 2006. Is obtaining an arrestee’s DNA a valid special needs search under the Fourth Amendment? What should (and will). The Supreme Court do? The Journal of Law, Medicine & Ethics, 34, 165–187. Madon, N.S., Murphy, K., and Sargeant, E., 2017. Promoting police legitimacy among disengaged minority groups: Does procedural justice matter more? Criminology & Criminal Justice,  17 (5), 624–642. McEwen, T., and Regoeczi, W., 2015. Forensic evidence in Homicide investigations and prosecutions. Journal of Forensic Sciences, 60 (5), 1188–1198. Miller, L., 2013. Serial killers: II. Development, dynamics, and forensics. Aggression and Violent Behaviour, 19 (1), 12–22. Mullinix, K.J., Bolsen, T., and Norris, R.J., 2021. The feedback effects of controversial police use of force. Political Behaviour, 43 (2), 881–898. Pecino-Latorre, M.D.M., Pérez-Fuentes, M.D.C., and Patró-Hernández, R.M., 2019. Homicide profiles based on crime scene and victim characteristics. International Journal of Environmental Research and Public Health, 16 (19), 3629. Peterson, J.L., Sommers, I., Baskin, D., and Johnson, D., 2010. The role and impact of forensic evidence in the criminal justice process. Washington, DC: National Institute of Justice. Pizarro, J.M., Terrill, W., and LoFaso, C.A., 2020. The impact of investigation strategies and tactics on homicide clearance. Homicide Studies, 24 (1), 3–24. Regoeczi, W.C., Jarvis, J., and Mancik, A., 2020. Homicide investigations in context: Exploring explanations for the divergent impacts of victim race, gender, elderly victims, and firearms on homicide clearances. Homicide Studies, 24 (1), 25–44. Roberts, A., and Lyons, C.J., 2011. Hispanic victims and homicide clearance by arrest. Homicide Studies, 15, 48–73. Singer, J., Miller, M.K., and Adya, M., 2007. The impact of DNA and other technology on the criminal justice system: Improvements and complications. Albany Law Journal of Science & Technology, 17, 87–125. Tankebe, J., 2013. Viewing things differently: The dimensions of public perceptions of police legitimacy. Criminology (Beverly Hills), 51 (1), 103–135. https://doi.org/10.1111/j.1745-9125.2012.00291.x United Nations Office on Drugs and Crime (UNODC). Global study on homicide 2019. Available from: Microsoft Word - Booklet 4_working_for_layout_19July (unodc.org) Wellford, C., and Cronin, J., 1999. An analysis of variables affecting the clearance of homicides: A multistate study. Justice Research and Statistics Association. 1000 Vermont Avenue, NW Ste 450, Washington DC 20005. Worrall, J.L., 2019. Investigative resources and crime clearances: A group-based trajectory approach. Criminal Justice Policy Review, 30 (2), 155–175.

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PART II

Homicide Investigations In Practice

5 HOMICIDE DETECTIVES Transformational Change and Challenges Dr Martin O’Neill (CCCU), Prof Stephen Tong (Kingston University) and Commander Stephen Clayman (MPS)

Introduction Fictional portrayals of police homicide investigations often perpetuate the myth that they are led by gifted individuals with Holmesian powers of intellect and deduction (Innes, 2003). Rarely until more recent times did the idea of a team of professionals emerge as the staple for more realistic portrayals of homicide investigations. When the ‘new police’ were first formed, however, it took some time before the detective role was officially recognised, notwithstanding the suggestion that the role of the Bow Street Runners was indeed detective in nature, albeit outside the Metropolitan Police new structure (Beattie, 2012). Moreover, over time, the detective role grew, and detectives from New Scotland Yard were loaned to other forces to lend a hand in investigating homicides (Beattie, 2012; Morris, 2007; Innes, 2003). But those were less complicated days. Technological advancement was yet to come, and investigation was less complex without mobile phones, the internet, surveillance technologies etc. There were fewer laws and arguably fewer constraints on investigatory powers. Detective work was considered to be a substantial craft, an endeavour that did not require any extra training than that provided to uniformed officers (Desborough, 1920; Hobbs, 1988; Morris, 2007). That was until a series of high-profile cases (including murder) signalled the need for dedicated detectives (Morris, 2007; Stelfox, 2009). Over time, specialism has developed to the point where homicide investigation teams have become the norm, made up of investigators and police staff, led by a trained and qualified senior investigating officer responsible for the focus and direction of each murder investigation (Innes, 2003). As a result of cases such as the Yorkshire Ripper inquiry, where failings in strategic management of cross-border major crime were identified as contributing to a failure to capture Peter Sutcliffe, a SIO is appointed to oversee a series of investigations as an overall officer in command (Byford, 1981; O’Neill, 2018). This chapter discusses the development of homicide investigations, routes to become either a homicide investigator or Senior Investigative Officer (SIO), and current changes to detective recruitment, development and retention that impact the pool of candidates from which homicide investigators can be recruited in more modern times. Some of the focus relates to the Metropolitan Police and a recent direct-entry detective scheme aimed at contributing to the transformation agenda and to fill a shortage of detectives’ representative of a national trend. The chapter argues that the pool of investigators from which to choose homicide detectives, although not DOI: 10.4324/9781003195283-863

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without challenges, is somewhat richer due to the diverse nature of recruits into the directentry and fast-track routes. It is argued that these and traditional pathway detectives provide a solid base from which to choose homicide detectives and SIOs of the future.

A Brief Detective History It has often been suggested that homicide investigations are considered the barometer of success in investigations in the eyes of the public (Innes, 2003; Brookman and Innes, 2013; Brookman et  al., 2019). Indeed, some become signal crimes of such magnitude that they influence change in legal and procedural methods to solve them (Innes, 2014; Roycroft et al., 2007). This was particularly the case in investigations into the Maxwell Confait murder in the 1970s (Fisher, 1977); the Yorkshire Ripper murders (Byford, 1981); Stephen Lawrence (Macpherson, 1999); Harold Shipman (Smith, 2004); Victoria Climbie (Laming, 2003); and investigations into the murders of Holly Wells and Jessica Chapman (Bichard, 2004). In the past, Innes (2003) suggests that homicide investigations were led by individuals considered to possess intuitive gifts and intelligence akin to fictional sleuths. What tended to occur with regularity was that individual detectives became famous for their abilities and successes and sometimes in the Metropolitan Police Service (MPS) earned the honour of having their name forever linked to the famous geographical location of the MPS headquarters. For example, we have variously heard of Tanner of the Yard, Fabian of the Yard, Slipper of the Yard, and so on, often because they were involved in the investigation of high-profile cases – i.e. John Tanner, the first railway murder of Thomas Briggs in England in 1864 (Colquhoun, 2012), and Jack Slipper, the Great Train Robbery of the 1960s involving infamous villains such as Ronnie Biggs, who became a fugitive in Brazil thereafter (Slipper, 1981). Many names have also become synonymous with investigative success in the MPS, such as Caminada, Porter, Fabian. Interestingly, most of those ever named are white men, which has taken some time to develop to become a more diverse calling in policing in general and detective homicide leadership. Innes (2003, p. 9) situates the view of the gifted, single detective as related to the craft mentality, arguably dominant within both detective development and police development since its inception (Tong and Bowling, 2006; Willis and Mastrofski, 2014). Even though a dominant way of thinking, its entrenchment into the policing psyche has arguably prevented movement towards the professionalisation of the detective role and policing in general. Innes points out: At the heart of police notions of the good detective was the sense that certain individuals had a particular flair for the work. The most valuable skills were held to be those developed through natural instinct and experience. Experience continues to be seen as central to becoming a good investigator and this is reflected in the ways that detectives continue to be selected and trained Innes (2003) also identifies how MPS detectives were loaned out to provincial forces to assist investigations of major crime, enhancing the mythical status of detectives from Scotland Yard and earning them the monicker of the ‘man from the yard’, a process that seemed to wane, according to Innes, since the enactment of the 1964 Police Act, when forces were able to staff their own detective departments consistently. That said, even in more modern times, the figure of the Scotland Yard detective taking over investigations has emerged, particularly in cases where UK citizens have been victims of crime abroad (see, for instance, the investigations into the Madeleine McCann and Ben Needham disappearances). These investigations also have links to jurisdictional issues but still may serve to fuel the myth of the lone detective. 64

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In 2000, Smith and Flanagan conducted research into the skills, abilities and characteristics required of an effective SIO. Rather than merely listing what they found, the authors identified 22 skills grouped into three skill clusters. The research dispelled the myth that in order to be a good SIO, one only needed investigative insight. The study identified that effective SIOs needed to be strong in investigative ability, knowledge levels and management skills throughout the life of an investigation. Recommendations following the research led to a reconfiguration of the training and development of SIOs, and this study was the forerunner to the requirements to qualify as a SIO at PIP level 3 (McGrory and Treacy, 2011). Today there is a SIO development programme, supplemented by a need to provide a portfolio of evidence of practice and reflection and a subsequent requirement to evidence continuous professional development, or CPD (Tong, 2009). Those who qualify are entered onto a register and expected to undertake CPD annually.

Being a Modern Senior Investigating Officer (SIO) on Major Crime Route to Becoming a SIO The route to becoming a SIO is mapped out through development opportunities open to detective inspectors in both local and specialist policing roles. The classic view within the PIP regime is that investigators progress sequentially if they wish to investigate more serious crimes (Stelfox, 2009; O’Neill, 2018). PIP level 1 is the lowest level of PIP and allows qualified officers to investigate volume and high-priority crime. All probationary constables are qualified to PIP level 1, following completion of their initial training (McGrory and Treacy, 2011; Stelfox, 2009; Tong et al., 2009; O’Neill, 2018). Officers on the Detective Constable Pathway (DCP; a new programme developed by the MPS) and fast-track schemes (new schemes developed by a number of police services and Police Now) must pass this level at the point they finish their initial training (see later for more on the DCP). PIP level 2 relates to serious and complex crime, and officers must undertake further qualification and development in order to pass the nationally mandated requirements. Amongst other things, this requires passing what is known as the National Investigators Examination (NIE) and producing a portfolio of evidence proving competence. At PIP 2, in order to supervise and manage PIP 2 investigations, there are specific development programmes. The difference for these officers is that they will have been promoted to sergeant to supervise (DS) or inspector to manage (DI) PIP 2 investigations (O’Neill, 2018). PIP level 3 is reserved for senior investigating officers likely to lead major crime investigations (Mcgrory and Treacy, 2011; Stelfox, 2009; Tong et al., 2009; O’Neill, 2018). Once again, the SIO must be at least the rank of DI. In the past, this was DCI but has now become the norm for detective inspectors. In theory, one cannot become a PIP 3 detective without first being qualified at PIP level 2 as investigator and DS, but there have been exceptions to the general rule. It would be highly unlikely that a person could qualify at PIP 3 without having been an experienced investigator at previous PIP levels. PIP level 4 is reserved for SIOs who can oversee cross-border major crime investigations such as the Yorkshire Ripper inquiry, which was criticised for poor strategic oversight (Byford, 1981; Innes, 2003; O’Neill, 2018). Whether the PIP regime does improve investigations beyond where they were before its inception is open to debate. (See Fahsing and Ask, 2016 for a positive comparison with Norwegian detectives. For some criticisms, see Chatterton, 2008; James and Mills, 2012; Stelfox, 2009; O’Neill, 2018). For a newly qualified detective to become a homicide SIO, they must develop themselves within the PIP hierarchy. Experience within homicide investigation teams would be a useful 65

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way to gain experience and knowledge of the setup of homicide investigations. In some police services, however, there is often a requirement to become promoted to a uniformed role rather than continue a specialist detective role seamlessly. Whilst this is possible, it is unlikely to be the norm, meaning the route to qualification as a SIO may take longer than a linear route to chief inspector in uniform.

Route to Becoming a Homicide ‘Detective’ Whilst the early homicide investigations appear to have been led autocratically by the senior investigating officer, teams of officers were still engaged in investigations but with limited technological know-how and structure to manage them effectively, particularly when cases became high profile and generated substantial information overload (Byford, 1981; Innes, 2003; Roycroft et al., 2007; Donnelly and West, 2019). The Byford report into the Yorkshire Ripper murders came to be seen as a watershed moment and signalled the development of murder incident rooms that we see today. Innes (2003, p. 83), after identifying a move from autocratic to bureaucratic major crime investigations, describes the transition in these terms Perhaps the most fundamental change that has occurred in recent years with regard to how the police investigate murders has been the increasing distinction and separation of the roles in the enquiry team. Prior to these changes, the investigation of serious crime was very much autocratically centred on the figure of the senior investigating officer (SIO). Since the early 1980s there has, however, been a shift in emphasis away from this traditional ethos, with its connotations of the detective as the ‘super sleuth ‘expert on criminality, towards a more rationalised and bureaucratic organisational system, regarded by some police officers as constituting a more ‘modern’ approach. This division of labour in a modern MIR sees the separation of roles and responsibilities between investigative direction (SIO and deputy SIO); MIR staff managing information; outside enquiry teams (investigative function); and expert roles (i.e. forensics) (Brookman and Innes, 2013; see now the new Major Incident Room Standard Administrative Procedures, or MIRSAP; NPCC, 2021a). In this more formalised process, information is recorded, rationalised and created as investigative actions through the Home Office Large Major Enquiry System (HOLMES), which is now on its second incarnation and more technologically nimble than its predecessor (Harland, 2019). Various roles are created to manage the information flow within a Holmes MIR, including receiver, indexer, reader and action allocator (Harland, 2019). It is to be noted that whilst following Byford (1981), staffing of MIR and Holmes is undertaken by civilian staff as well as police officers; roles such as receiver, indexer, reader and action allocator are usually taken up by detectives or experienced ex-detectives. In the Metropolitan Police, Area Major Investigation Pools (AMIP) were set up in 1985 to specialise in major crime investigations across London, dealing with murders considered to be non-domestic related (Tate and Wyre, 1992). These were phased out in 2000 when Borough Command Units were created in the MPS. Currently, the MPS has a Homicide team within its Specialist Crime and Major Crime Unit sitting under the Frontline Policing directorate business group (MPS, 2022). In all of these guises, a more formalised and bureaucratic mode of investigation management has emerged. The structure of a modern MIR and the processes of an investigation are set out in the Major Incident Room Standard Administrative Procedures (MIRSAP) and the Murder Investigation

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Manual, or MIM (Innes, 2003; ACPO, 2005, 2006; Harland, 2019; Donnelly and West, 2019). It has, however, been consistently argued that the MIM is in need of modernisation because its latest version is 15 years old (Donnelly and West, 2019). However, very recently the National Police Chiefs Council (NPCC) issued revised versions (NPCC 2021a, 2021b). Officers also have access to Authorised Professional Practice which contains what was the Core Investigative Doctrine (O’Neill, 2018). It is important to note also that various roles are essential to modern MIRs, such as disclosure officer, and often these roles become specialisms in their own right for particularly adept investigators. The Outside Enquiry Teams (OET) contain investigators usually at PIP level 2, and these officers are allocated actions generated by the MIR through the roles already identified previously. The role of the OET is to use their detective know-how to undertake the tasks allocated. For instance, they could have an action asking them to take a statement from a witness or arrest a suspect, or any range of other investigative tasks. They are expected to use their investigative skills to complete the tasks. The essential point here is that the role of a detective (except SIO and deputy SIO) is slightly different from a traditional detective role where they will run their own cases as lead investigators. As part of the OET, they rarely lead the case because that is the responsibility of the SIO and deputy. Many homicide investigations are today more democratic in their outlook, and briefings are more of a team debrief and discussion of potential leads and focus rather than a dictate from the SIO about what needs to be done (Innes, 2003; Cook and Tattersall, 2019). To lead a major crime investigation, one must be a SIO. To be part of a MIR, one must have the requisite investigative qualifications and have experience and knowledge of investigations. Formally, in classic routes to qualification as a detective, the experience would be provided by some probationary period as a uniformed constable, followed by a number of years of experience and training to qualify as a detective. With the advent of new pathways into detective qualification, some of the uniformed experience is either shortened or not part of the programme. Any experience for this new breed of officers relates to their experience as investigators, collaboration with uniform colleagues, plus any life or career experiences they may bring into their new profession and the diversity of the applicant in terms of age, ethnicity and gender. As seen subsequently, some of the direct-entry detectives changed professions, were sometimes highly successful in these occupations and often took pay cuts to become detectives. Recent studies have suggested that there are difficulties in community engagement within homicide investigations (see, for instance, Mozova (2019), where SIOs in the MPS felt they needed to engage better with communities, particularly during homicide investigations). A revealing study was recently undertaken by Brookman et al. (2019), where they compared UK and USA homicide detectives and their perceptions of crime. In the past, a distinction has often been drawn between internal and external factors of an investigation. The school of thought was that internal factors such as resourcing, training and expertise could be influenced by the police, whereas external factors, such as community makeup, they could not. The suggestion was that if a homicide occurred in a particular community or neighbourhood, it was very much ‘pot luck’ as to whether any assistance with the investigation would be provided by members of so-called hard-to-reach communities (Clayman and Skinns, 2012). This perception could mean that less investigative actions would be taken (in effect, a self-fulfilling prophecy). The Brookman et  al. (2016) study dispels the myth and suggests that effective homicide investigation and engagement, even in those locations described as ‘hard-to-reach’ communities, can influence community involvement in such cases. Having a richer and more diverse pool of qualified detectives can improve the chances of better engagement.

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Introduction of Direct-Entry Pathway: Thoughts From the Strategic Lead In 2016, the Metropolitan Police Service (MPS) developed the Detective Constable Pathway (DCP) – an external route to becoming a detective constable without becoming a uniform constable first. This pathway, also known as the direct-entry detective pathway, was developed in response to a national Workforce Futures Programme, looking at creating more flexible options to join the police service. It is also true that in 2016, there was a concern that detective resilience nationally was a serious concern, with the traditional pathway (police constables specialising as detectives) not taken up in the volume required, adding more pressure on existing detectives (HMICFRS, 2017). Whilst this factor became more relevant overtime for the DCP, it was not the primary reason the pathway was created. Previous market research1 conducted amongst Londoners surrounding traditional uniform entry highlighted a ‘uniform attractor’ element to a candidate’s decision-making, so inference would say that this applies to non-uniform roles too. However, a later survey introducing the concept of a direct-entry detective pathway demonstrated much interest. It showed that the route appealed to a younger audience and those career-focused individuals looking to change careers. It also appealed to potential recruits put off by wearing a uniform.2 A small pilot scheme using existing officers from the Special Constabulary took place, and 17 recruits joined as Trainee Detective Constables. Their training and development experience helped shape the external (public) pathway that launched in May 2017. The public launch of the Detective Constable Pathway generated a lot of publicity and, following the initial online campaign, developed a high number of applications that quickly generated enough recruits to fill the initial positions available. The first cohort of 54 trainee detectives began their training in January 2018, followed by regular monthly intakes. The number of female applicants and recruits was just over 50% but was a significant increase to other police officer recruitment pathways. The DCP pathway was based upon the existing Initial Police Learning and Development Programme (IPLDP) curriculum but with additional investigative elements and flow built into the design of the Foundation Course. First, the DCP candidates had to achieve Professionalising Investigation Programme (PIP) level 13 and complete their foundation training before passing the National Investigators Exam (NIE). Once they passed, they then undertook the Initial Crime Investigation Development Programme (ICIDP), Interviewing Courses and the PIP2 workbook PIP2 accreditation process, mirroring the traditional pathway. The DCP detectives therefore became qualified as Police Constable and a detective over the course of the pathway. A survey4 of the first six cohorts revealed a number of interesting themes. Firstly, the unique opportunity to join directly as a detective was the strongest motivator. Not becoming a uniform constable was also a motivating factor to join, which corroborated the original market testing surveys. One of the new pathway ambitions was to attract those who may not have considered a career in policing. For many, though, there were similarities with traditional routes into policing, in that they wanted to make a positive contribution to society. Despite eligibility being degree level, most applicants were career changers and not necessarily recently graduated applicants, using this pathway’s opportunity to switch careers rather than a first career following university. One of the most challenging aspects of the pathway has been its perception to existing officers. An internal staff survey run in 2016 demonstrated that attitudes were definitely mixed, with more being undecided on its merits. Fast-forward to 2021 and the Met had recruited over 1,477 direct entry TDCs (and including the DHEP successor scheme), with 56.4% female and

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19.84% from ethnic minority groups. 2021 has also seen the DCP come to an end, replaced by the new College of Policing Degree Holder Enter Programme (DHEP) Detective route. This new Policing Educational Qualifications Framework (PEQF) route is aligned with the updated National Curriculum and delivered at NVQ Level 6, with a university partner. Within the MPS, the operational learning environments remain the same as the DCP, and the route remains a non-uniform entry route. Once the direct entry TDCs have become substantive detective constables (i.e. accredited PIP2 investigators), as with detectives from the Traditional Pathway, they can seek lateral development away from their local investigative policing roles into more specialised areas, such as homicide investigation.

Police Workforce Transformation Research: Experiences of Trainee Detective Constable Pathway This ‘Police Workforce Transformation’ research was designed to capture the experiences of candidates on a new recruitment pathway for direct-entry detectives (Detective Constable Pathway – DCP) and established detective training (Traditional Pathway – TP) delivered by the Metropolitan Police Service (MPS). Occasionally, participants in this study refer to Trainee Detective Constable (TDC). This refers to both TP and DCP as trainee detective constables. The purpose of the research was to collect the views of trainees progressing through each detective pathway and at the end of their programmes (e.g. when they have become a substantive detective), alongside other key participants (e.g. resigners, the project team, trainers, supervisors and investigative coaches). The MPS funded the research. The role of the Canterbury Centre for Policing Research team (CCPR) was to provide independent feedback (based on research findings at different stages of the research) to the DCP Project Team monitoring the implementation of the pathway. Internal MPS research monitored and collected internal MPS research data from trainee detectives and provided feedback separately to the MPS. This research was not designed to provide a cost-benefit analysis or explore detective effectiveness. In the past, all aspiring detectives would need to join the police service as uniform constables before applying to specialise as a detective, following completion of at least a two-year probationary period. This Traditional Pathway (referred to as ‘TP’ from now on) continues and is considered a fundamental part of detective recruitment going into the future. The establishment of a professional body for policing in 2013 (College of Policing – CoP), the introduction of the professionalisation agenda and the Police Education Qualification Framework (PEQF) have created additional entry routes into the police. Direct entry pathways into the police service have been established for inspector and superintendent ranks nationally as a way of introducing alternative routes into the police service (CoP, 2020a). The Police Workforce Transformation Policy and Policing Vision sets out its aims: By 2025 policing will be a profession with a more representative workforce that will align the right skills, powers and experience to meet challenging requirements. (CoP/NPCC, 2018, p. 3) The Metropolitan Police Service (MPS) Detective Constable Pathway (DCP) began in January 2018 and represents the MPS response to the Police Workforce Transformation strategy in relation to diversifying the entry routes into detective work. This research collected the views of Detective Constable Pathway (DCP) and Traditional Pathway (TP).

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Research Findings The research began following a mixture of cohorts and collective views from trainers and investigative coaches as trainees went through the training and then collected data from a wider group of DCP/TP, detective sergeants, detective inspectors, investigative coaches and the DCP project team after becoming substantive detectives. This section of the chapter will focus on the reflections of DCP and TP trainees completing their training and becoming a substantive detective. The significance of the MPS making the first strides into implementing a direct-entry scheme is crucial as it has allowed some research findings to be generated and changes to be made learning more about the challenges and needs of detective trainees going through the process. This is particularly relevant as there is not a great deal of available independent research on detective constable training. Access and funding is particularly difficult to secure. So the decision by the MPS to commission this research is unusual and crucial to developing and improving direct entry detective routes going into the future. Some of the findings relate to the individual reflections of the newly qualified DCP and TP detectives relating to their level of confidence relating to key areas of practice, including serious/complex investigations, completing case files, confidence in investigative skills, knowledge of the law and conducting interviews (see Table 5.1). In all these areas there are similar levels of confidence despite a substantial difference in police experience. The subsequent table illustrates similarities with reasonably high levels of confidence levels from TP and DCP in relation to investigating serious and complex crime. There were also similar responses from TP and DCP pathway detectives agreeing and strongly agreeing that they were confident in their basic investigative skills. In terms of legal knowledge, the TP detectives appeared more confident than DCP detectives. The most positive responses were from questions relating to feeling equipped to conduct suspect and witness interviews. Both DCP and TP detectives did feel confident in most areas of detective work. Table 5.1  Confidence levels following completion of the detective programme End of programme

Strongly Agree

Agree

Neutral

Disagree

I feel capable of being able to undertake a serious or complex investigation independently DCP (n = 36) 13 (36.1%) 19 (53.8%) 4 (11.1%) 0 (0.0%) TP (n = 189) 76 (40.2%) 93 (49.2%) 15 (7.9%) 4 (2.1%) I feel equipped to be able to complete a case file DCP (n = 35) 18 (51.4%) 15 (42.9%) 0 (0.0%) 2 (5.7%) TP (n = 187) 94 (50.3%) 73 (39.0%) 13 (7.0%) 7 (3.7%) I feel confident in my basic investigative skills DCP (n = 36) 18 (50.0%) 17 (47.2%) 1 (2.8%) 0 (0.0%) TP (n = 188) 94 (50.0%) 88 (46.8%) 5 (2.7%) 1 (0.5%) I feel that I have a good level of knowledge of the law DCP (n = 36) 7 (19.4%) 16 (44.4%) 11 (30.6%) 2 (5.6%) TP (n = 187) 41 (21.9%) 106 (56.7%) 35 (18.7%) 4 (2.1%) I feel equipped to be able to conduct witness interviews DCP (n = 36) 21 (58.3%) 15 (41.7%) 0 (0.0%) 0 (0.0%) TP (n = 188) 96 (51.1%) 81 (43.1%) 11 (5.8%) 0 (0.0%) I feel equipped to be able to conduct suspect interviews DCP (n = 36) 24 (66.7%) 12 (33.3%) 0 (0.0%) 0 (0.0%) TP (n = 188) 101 (53.7%) 73 (38.8%) 10 (5.3%) 3 (1.6%)

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Strongly Disagree 0 (0.0%) 1 (0.5%) 0 (0.0%) 0 (0.0%) 0 (0.0%) 0 (0.0%) 0 (0.0%) 1 (0.5%) 0 (0.0%) 0 (0.0%) 0 (0.0%) 1 (0.5%)

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There was a large difference in the level of confidence for ‘core policing skills’ (stop and search and general policing duties). The vast majority of TP detectives agreed or strongly agreed that they felt confident in their core policing skills (89.5%, 170/190) compared to the 58.3% (21/36) reported by the DCP trainees. A chi-square test was performed and concluded significant differences in the responses from the two groups: X2 (2, N = 224) = 25.57; p