Академический Документы
Профессиональный Документы
Культура Документы
"
r:-
.'
134597-
U.S. Department of Justice 134.599
National Institute of Justice
.-
"
o February 1992
o Volume 61
ACQUUUTIONS r
Number 2
Law Enforcement Bulletin 1,
Features
22 Constitutional Constraints
on the Use of Force \ 3'\- S'tq
By John C. Hall
Departments
10 Book Review
11 Focus
20 VI CAP Alert
M
ost crime scenes tell a
story. And like most sto-
ries, crime scenes have
characters, a plot, a beginning, a
middle, and hopefully, a conclu-
sion. However, in contrast to au-
thors who lead their readers to a
predetermined ending, the final dis-
position of a crime scene depends on
the investigators assigned to the
case. The investigators' abilities to
analyze the crime scene and to deter-
mine the who, what, how, and why
govern how the crime scene story
unfolds.
To ensure a satisfactory ending,
that is, the apprehension and pros-
ecution of the violent crime of-
fender, investigators must realize
that the outcome depends on their
insight into the dynamics of human
behavior. Speech patterns, writing
styles, verbal and nonverbal ges-
tures, and other traits and patterns
give shape to human behavior.
These individual characteristics
work in concert to cause each person
to act, react, function, or perform in terns enables investigators to dis- This article addresses each of these
a unique and specific way. This in- cover much about the offender. It maniFestations in order to demon-
dividualistic behavior usually re- also provides a means by which in- strate the importance of analyzing
mains consistent, regardless of the vestigators can distinguish between a crime scene in terms of human
activity being performed. different offenders committing the behavior.
Since the commission of a vio- same types of offense.
lent crime involves all the dynamics There are three possible mani- MODUS OPERANDI
of "normal" human behavior, festations of offender behavior at a In 1989, Nathaniel Code, Jr.,
learning to recognize crime scene crime scene-modus operandi, per- a Shreveport, Louisiana, man,
manifestations of behavioral pat- sonation or signature, and staging. was convicted of murder. The jury
February 1992 / 1
As shown, the burglar refined
his breaking-and-entering tech-
niques to lower the risk of apprehen-
sion and to increase profits. This
demonstrates that the M.O. is a
learned behavior that is dynamic
and malleable. Developed over
time, the M.a. continuously
evolves as offenders gain experi-
ence and confidence.
Incarceration usually impacts
on the future M.O.s of offenders,
Special Agent Douglas Ms. Munn especially career criminals. Offend-
Special Agent Douglas is Chief of the Investigative Support Unit at the FBI ers refine their M:.O.s as they learn
Academy. Ms. Munn served as an Honors Intern at the FBI Academy. from the mistakes that lead to their
arrests.
The victim's response also sig-
nificantly influences the evolution
of the M.O. If a rapist has problems
determined that on three separate ting the crime, and victimology controlling a victim, he will modify
occasions between 1984 and 1987, (characteristics of the victims) the M.O. to accommodate resist-
Code murdered a total of eight eliminate the connection to one ance. He may use duct tape, other
people. The jury returned a guilty offender? ligatures, or a weapon on the victim.
verdict, even though several dispari- When attempting to link cases, Or, he may blitz the victim and im-
ties existed among the three crime the M.a. has great significance. A mediately incapacitate her. If such
scenes. critical step in crime scene analysis measures are ineffective, he may
For example, the offender is the resulting correlation that con- resort to greater violence or he may
gagged the first victim with a piece nects cases due to similarities in kill the victim. Thus, offenders con-
of matedal obtained at the crime M.a. But, what causes an offender tinually reshape their M.a. to meet
scene, but brought duct tape to use to use a certainM.O.? What circum- the demands of the crime.
on the seven victims in the other two stances shape the M.a.? Is the M.a. In the case of Nathanial Code,
incidents. Also, the killer stabbed static or dynamic? M.a. and victimology alone would
and slashed the first victim, whereas Unfortunately, investigators have failed to link him to each of the
the victims of the other two crimes make a serious error by placing too eight murders. But Code left more
were also shot and showed signs of much significance on the M.O. than gags, duct tape, and bodies
ligature strangulation. The victims when linking crimes. For example, a with gunshot wounds and slashed
ranged in age from 8 years to 74 novice burglar shatters a locked throats at the crime scenes; he left
years and included both sexes; how- basement window to gain access to a his "calling card." Investigators
ever, all were black And, the of- house. Fearing that the sound of a found this "calling card" or signa-
fender took money from one crime window breaking will attract atten- ture aspect at every crime scene, and
scene, but not the other two. tion, he rushes in his search for valu- thus, were able to link Code to the
Considering the evidence found ables. Later, during subsequent offenses.
at the three crime scenes, could one crimes, he brings tools to force open
man be linked to all of the murders? locks, which will minimize the THE SIGNATURE ASPECT
W ouldn' t such differences in modus noise. This allows him more time to The violent, repetitive offender
operandi (M.a.), which is the commit the crimes and to obtain a often exhibits another element of
offender's actions while commit- more profitable haul. criminal behavior during the
--------------------------------------------------------------------- Februa~1992/3
vented them from having eye con- presses anger through rituals, not byposition in Shelton's ritual. He
tact with the robber. This offender attacking a victim who possesses a would rape his victims vaginally,
developed a very clever M.O. particular characteristic or trait. then withdraw and ejaculate on
However, the Texas robber their stomachs or breasts. Shelton
went beyond the required action to CASES LINKED BY would also frequently masturbate
commit his crime successfully. He OFFENDER SIGNATURE over the victims or between their
felt compelled to enact the ritual breasts or force them to masturbate
of requiring the tellers to pose so Ronnie Shelton: Serial Rapist him manually. Then, he would use
that he could snap photographs. Ronnie Shelton committed as their clothing to wipe off the ejacu-
He left his signature on the crime. many as 50 rapes. When convicted lation. He also forced many of his
The act of robbing of 28 of them, he re- victims to have oral sex with him
the bank itself did ceived a prison sen- and then insisted that they swallow
not gratify his psy- tence in excess of the ejaculation. The combination
chosexual needs. 1,000 years.] Both of these acts displayed Shelton's
his verbal commu- signature.
LINKING nication and sexual Shelton's M.O. consisted of en-
CASES assaults manifested tering the victim's dwelling through
When attempt- his signature. a window or patio entrance that
ing to link cases, the Verbally, faced a wooded area or bushes offer-
M.O. plays an im- Shelton was excep- ing concealment. He wore a ski
portant role. How- tionally degrading mask, stocking, or scarf. He con-
ever, as stated pre- and exceptionally vinced the victims that he was not
viously, the M.O. vulgar. In addition, there to rape but to rob them. How-
should not be the he would make ever, when he had the victim under
only criteria used to such comments as control, he would return to the rape
connect crimes, es- mode. The victim would
pecially with repeat comply because she had
offenders who alter . ._ _ _ _. . seen his propensi ty for
their M.O. through violence by his earlier ac-
experience and learning. Usually, __"-_ tions, such as throwing
first offenses differ considerably her on the floor or holding
from subsequent offenses. How- a knife to her throat. In
ever, the signature aspect stays the addltion, Shelton would
same, whether it is the first offense say to the victims, "Keep
or one committed 10 years later. The your eyes down," "Cover
ritual may evolve, but the theme your eyes," or "Don't look
remains constant. at me and I won't kill you
The signature aspect should re- . ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ r (hurt your kids)." Before
ceive greater consideration than he left, he would verbally
victim similarities, although these "I have seen you with your boy- intimidate them with such warnings
should never be discounted when friend," "I've seen you around," or as "Don't call the police or I'll come
attempting to link cases to a serial "You know who I am." Thoughts of back and kill you." These character-
offender. Physical similarities of Shelton lurking around their neigh- istics served as Shelton's M.O.,
victims are often not important, es- borhoods terrorized the victims. whereas his former actions were his
pecially when linking crimes moti- However, it was the sexual as- signature that linked him to 28
vated by anger. The offender ex- sault itself that occupied the central sexual assaults.
------------------_________________________________________________ Februa~1992/5
Code's ritual of anger required Vasquez had a borderline I.Q. (NCA VC) conducted an extensive
control and domination of his vic- Believing this would make it diffi- analysis of these two murders, a
tims, so victimology was not as cult to prove his innocence, his law- series of sexual assaults, and several
important. Code, like Ronnie yers convinced him that he would other killings that occurred between
Shelton, the serial rapist, selected probably receive the death sentence 1984 and 1987. Eventually, the
victims he could control, manipu- if the case went to trial. Instead, NCA VC linked these offenses
late, and on whom he could project Vasquez opted for life imprison- through analogous signature aspects
his anger. ment by pleading guilty. of another local suspect. Physical
evidence later corroborated this
IMPORTANCE OF connection and determined that the
OFFENDER SIGNATURE
Understanding and recognizing
the signature aspects is vital in the
apprehension and prosecution of an
" The investigators'
abilities to analyze the
"calling card" left at the 1984 homi-
cide did not belong to David
Vasquez. As a result of this finding,
the Commonwealth of Virginia re-
offender, especially a serial of- crime scene... depend leased Vasquez from prison and ex-
fender. No one appreciates the im- on their insight into the onerated him of the crime.
portance of recognizing an dynamics of human
offender's "calling card" more than STAGING
David Vasquez.
behavior. When investigators approach a
In 1984, Vasquez pled guilty to
the murder of a 34-year-old Arling-
ton, Virginia, woman. The woman
had been sexually assaulted and
"
Three years later, in 1987, po-
lice discovered a 44-year-old
crime scene, they should look for
behavioral "clues" left by the of-
fender. This is when investigators
attempt to find answers to several
died of ligature strangulation. The woman lying nude and face down on critical questions. How did the en-
killer left her lying face down with her bed. A rope bound her wrists counter between the offender and
her hands tied behind her back. He behind her back, and a ligature victim occur? Did the offender blitz
used unique knots and excessive strand tightly encircled her neck (ambush) the victim, or did he use
binding with the ligatures, and a with a slip knot at the back. It con- verbal means (the con) to capture
lead came from the wrists to the tinued over her left shoulder, down her? Did the offender use ligatures
neck over the left shoulder. The her back, and then was wrapped to control the victim? What was the
body was openly displayed so that three times around each wrist. Fo- sequence of events? Was the victim
discovery offered significant shock rensics revealed that she died of sexually assaulted before or after
value. ligature strangulation, and that she death? When did the mutilation take
The offender spent considerable had been sexually assaulted. The place-before or after death? Did
time at the crime scene. He made offender left the body exposed and the offender place any item at the
extensive preparations to bind the openly displayed. He appeared to crime scene or remove something
victim, allowing him to control her have spent a considerable amount of from the crime scene?
easily. His needs dictated that he time at the crime scene. This homi- As investigators analyze crime
move her around the house, exerting cide occurred 4 blocks from the scenes, facts may arise that baffle
total domination over her. It ap- 1984 murder. them. These details may contain pe-
peared that he even took her into the David Vasquez had been im- culiarities that serve no apparent
bathroom and made her brush her prisoned 3 years when the 1987 purpose in the perpetration 2 of the
teeth. None of this behavior was murder occurred. At the request of crime and obscure the underlying
necessary to perpetrate the crime; the Arlington, Virginia, Police De- motive of the crime. This confusion
the offender felt compelled to act partment, the National Center for may be the result of a crime scene
out this ritual. the Analysis of Violent Crime behavior called staging. Staging
.r
occurs when someone purposely Basically, these people are try- and haphazard. This determination
alters the crime scene prior to the ing to prevent future shock that not only helps to direct the analysis
arrival of the police. may be brought about by the posi- to the underlying motive but also
tion, dress, or condition of the vic- helps to shape the offender profile.
Reasons for Staging tim. In addition, they will often However, recognition of staging,
Principally, staging takes place stage an autoerotic fatality to look especially with a shrewd offender,
for two reasons-to direct the inves- like a suicide, perhaps even writing can be difficult. Investigators must
tigation away from the most logical a suicide note. They may even go so examine all factors of the crime if
suspect or to protect the victim or far as to the make it appear to be a they suspect it has been staged.
victi.m'.<:; family. It is the offender homicide. This is when forensics, victim-
who attempts to redirect the investi- For both types of crime scene ology, and minute crime scene de-
gation. This offender does not just investigations, rape-murders and tails become critical to determine if
happen to come upon a victim, but is autoerotic fatalities, investigators staging occurred.
someone who almost always has need to obtain an ac-
some kind of associati on or relation- curate description of
ship with the victim. This person, the body's condition
when in contact with law enforce- when found and to
ment, will attempt to steer the inves- determine exactly
tigation away from himself, usually what the person who
by being overly cooperative or ex- found the body did to
tremely distraught. Therefore, in- alter the crime scene.
vestigators should never eliminate a Scrutiny of forensic
suspect who displays such distinc- findings, crime scene
tive behavior.
The second reason
for staging, to protect the
victim or the victim's
family, occurs for the
most part in rape-murder
crimes or autoerotic fa- "Red Flags"
talities. This type of Offenders who stage crime
staging is performed by scenes usuall y make mistakes be-
the family member or cause they arrange the scene to re-
person who finds the semble what they believe jt should
body. Since perpetrators look like. In so doing, offenders
of such crimes leave experience a great deal of stress and
their victims in degrad- do not have the time to fit all the
ing positions, those who pieces together logically. As a re-
find the bodies attempt sult, inconsistencies in forensic
to restore some dignity to the vic- dynamics, and victimology will findings and in the overall "big
tim. For example, a husband may probably reveal the true circum- picture" of the crime scene will
re-dress or covet his wife's body, or stances surrounding the deaths. begin to appear. These inconsisten-
in the case of an autoerotic fatality,3 Finally, at some crime scenes, cies can serve as the "red flags" of
a wife may cut the noose or the investigators must discern if the staging, which serve to prevent
device suspending the body of her scene is truly disorganized or if the investigations from becoming
husband. offender staged it to appear careless misguided.
- - - - - - - - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ February 1992/7
F
To ensure this doesn't happen, potential witnesses who might alert with the intruder ensued, during
investigators should scrutinize all authorities? which the hm;band was left uncon-
crime scene indicators individually, Investigators should also con- scious by a blow to the head.
then view them in context with the sider whether the offender put him- Presumably, the intruder then
total picture. Crime scene indicators self at high risk by committing the went upstairs and killed the wife by
include all evidence of offender ac- crime during the daylight hours, in a manual strangulation. He left the
tivity, e.g., method of entry, of- populated area. If the crime scene is body with a nightgown pulled up
fender-victim interaction, and body a place of residence, they should around the victim's waist, implying
disposition. also evaluate any obvious signs of that he sexuall.y assaulted her. The
When exploring these issues, occupancy, such as lights on in the couple's 5-year-old daughter re-
investigators should consider sev- house, vehicles in the driveway, etc. mained unharmed, asleep in the next
eral factors. For example, if bur- room.
glary appears to be the motive, did Case Scenario While processing the crime
the offender take inappropriate The following case scenario scene, detectives noted that the lad-
items from the crime scene? In one brings to light some "red flags" that der made no impression in the moist
case submitted to the National Cen- investigators should look for at a soil near the house, although it did
ter for the Analysis of Violent crime scene. when they tried to climb the ladder.
Crime (NCA VC), a man returning One Saturday morning, in a Also, the intruder positioned the
home from work interrupted a small Northeastern city, an un- ladder with the rungs facing away
burglary in progress. The startled known intruder attacked a man and from the house, and many of the
burglars killed him as he attempted his wife. By placing a ladder against rungs on the wooden ladder had rot-
to flee. But, an inventory of the ted, making it impossible for it to
crime scene determined that the of- support anyone weighing over 50
fenders did not steal anything, al-
though it did appear that they started
to disassemble a large stereo and TV
unit.
" Staging occurs
when someone
pounds.
In addition, the crime cene
raised questions that could not be
answered logically. Why didn't the
Further examination of the purposely alters the offender choose to enter the resi-
crime scene revealed that they left dence through a first-story window
smaller, and easily transported,
crime scene prior to decrease the possibility of detec-
items of far greater value Uewelry, to the arrival of the tion by both the occupants and
coin collection, etc.). The police police. neighbors? Why did the offender
subsequently determined that the want to burglarize the residence on a
victim's wife paid the burglars to
stage the crime and kill her husband.
She, in fact, was having an affair the house, the suspect made it ap-
" Saturday morning when there was a
good chance that he would be seen
by neighbors? Why did the intruder
with one of the suspects. pear that he had climbed to a sec- choose a residence that was obvi-
Another factor to consider is the ond-story window, removed the ously occupied (several vehicles
point of entry. Did the point of entry screen, and entered the residence. were in the driveway)?
make sense? For example, did the All this occurred in a residential area Inside the residence, other in-
offender enter the house through a during a time when neighbors were consistencies became apparent. For
second-story window, even though doing their weekend chores and example, if the intent was murder,
there was an easier, less conspicu- errands. the intruder did not seek his
ous entrance that could have been The husband claimed that he victim(s) immediately, but went
used? Why did the offender in- heard a noise downstairs, so he went downstairs first. He also did not
crease his chance of being seen by with a gun to investigate. A struggle come equipped to kill because, ac-
cording to the one witness, the hus- but usually these offenders prefer been hired by the wife to kill the
band, he never displayed a weapon. quick, clean kills that reduce the victim and to make it look like an
Also, the person posing the most time spent at the scene. accident.
threat, the husband, received only Forensic red flags are also Often, investigators will find
minor injuries. raised when there are discrepancies forensic discrepancies when an of-
By analyzing the crime scene, between witness/survivor accounts fender stages a rape-murder, that is,
which revealed excessive offender and forensics results. For example, positioning the body to infer sexual
activity, it became apparent assault. And if the offender has a
that there was no clear motive close relationship with the victim,
for the crime. Therefore, he will only partially remove the
based on the numerous incon- victim's clothing, never leaving her
sistencies found at the crime completely nude. However, despite
scene, NCAVC criminal in- the position of the body and the
vestigative analysts conclud- removal of some of the victim's
ed that the husband staged the clothes, an autopsy can confirm or
homicide to make it appear to deny whether any form of sexual
be the work of an intruder. He assault took place, thereby deter-
was eventually convicted of mining if the crime scene was
his wife's murder. staged.
February 1992 / 9
Book Review
committed by an intruder, the
husband did not immediately check
on his wife and daughter once
he regained consciousness. Instead,
he remained downstairs and called
his brother, who went upstairs and
discovered the victim. Offenders
will often manipulate the discov-
ery of victims by a neighbor or
family member, or conveniently be
elsewhere when the victim is
discovered.
CONCLUSION
Violent crime scenes require in-
vestigators to be "diagnosticians." Entomology and Death: A The book is intended for both
They must be able to analyze crime Procedural Guide, eds. E. Paul experienced death scene investiga-
scenes for the messages they emit Catts and Neal H. Haskell, Foren- tors and forensie entomologists
and understand the dynamics of lm- sic Entomology Associates, interested in the procedures
man behavior displayed at crime Clemson, South Carolina, 1990, employed in police investigations.
scenes. Investigators must also be (803) 654-1120. The authors have over 100 years
able to recognize the different mani- Entomology-the science of of collective experience in the
festations of behavior, so they can insects-is becoming an increas- study of insects and crime scene
ask the right questions to get valid ingly important aspect of death investigations.
answers. scene investigations. Entomology The composition of the book
By approaching each crime and Death is a practical hand- makes it easy to use at crime
scene with an awareness of these book that provides an introduction scenes. There are also helpful
factors, investigators can steadily to forensic entomology, as well line illustrations throughout the
improve their ability to read the as a brief study of the structure text to assist in the identification
true story of each violent crime and biology of organisms most of insects and the collection,
scene. By doing so, they will be commonly found at crime preservation, and packaging of
more knowledgeable and better scenes where dead remains are these specimens for laboratory
equipped to apprehend the violent present. Composed of articles examination.
crime offender. [!D from several leading researchers in Entomology and Death: A
the field of forensic entomology, Procedural Guide is a practical
Footnotes the book is a valuable and long and welcome resource for crime
J SA Douglas has qualified as an expert in overdo resource for crime scene scene investigators. Insects are
criminal investigative analysis and has provided investigators. overlooked (and sometimes
testimony in the area of signature crime analysis
during the following court proceedings: State of
The authors examine the invisible) clues in many violent
Ohio v. ROllllie SheltOIl, State of Louisialla v. standard death scene investigative deaths. This guide will help
Nathalliel Code, and State of Delaware v. procedures, collection, analysis, investigators use these organisms
Slevell B. Pellllell. and proper field and laboratory to solve crimes.
2 P.E. Dietz, M.D. and R.R. Hazelwood,
"Atypical Autoerotic Fatalities," Medicine alld
processing techniques for entomo- Reviewed by
Law, I, 1982,301-319. logical evidence. The book also SA Arthur E. Westveer, MLA
3 Ibid. discusses the handling procedures Violent Crimes Specialist
that should be followed in prepar- Behavioral Science Services Unit
FBI Academy
ing collected documentation for Quantico, Virginia
courtroom testimony.
[!D
10 / FBI Law Enforcement Bulletin