Abstract
The arson investigation takes place in a rundown area. The original findings are some patterns of accelerants, which led to classifying the accident as an arson, and two dead bodies found in the basement of the tenement. The investigator, who becomes in charge of the case, has to start with answering several issues: what are the first steps to make without damaging evidence; who should be brought in immediately; where to look for the owner of the property. Only the systematic approach will help to solve the major problems: the cause of the fire and the cause of death. At the moment of the initiation of the investigation, it remains unknown whether it was a homicide or an accident, and only the traces of accelerants can be used as a basis for making conclusions.
Keywords: arson, homicide, investigation, legal foundation.
Legal Foundation of Arson Investigations
Determining the circumstances and the cause of arson requires a complex investigation and a systematic approach. The primary goal is to make an objective investigation that will lead to the truth, so every piece of evidence must be considered. It is impossible without the right order of actions from investigators. Hence, the appropriate initiation is necessary to reach the objective.
According to Suboch (2016), the crime scene investigation consists of “the documentation, development, collection, and preservation of physical evidence at the scene” (p. 3). However, first of all, the investigator should consider having a warrant to avoid complications. Although arson homicides allow for a warrantless crime scene search in most jurisdictions, it is better to make sure that an administrative search warrant or consent is secured or granted before entering the burning structure (Redsicker & O’Connor, 1996). The area around the tenement should be enclosed with a tape. Only the investigators have a right to stay at the scene. The reason is quite simple – no one is supposed to touch or disturb potential evidence (Michelson, 2015). It is also important not to forget about the safety of all individuals in the area (Bertino & Bertino, 2015).
There are seven S’s of any crime investigation: securing the scene, separating the witnesses, scanning the scene, seeing the scene, sketching the scene, searching for evidence, and securing evidence (Bertino & Bertino, 2015, p. 24-27). Therefore, the first two steps are the crucial ones for the beginning, as it will help to avoid evidentiary pitfalls.
The first people who should be called in this case are forensic experts who will collect the physical, scientific evidence. These people are also called as crime scene technicians and are responsible for the collection and preservation of evidence (Michelson, 2015). The next part consists of collecting such evidence as fingerprints and latent prints. In this case, it is important to indicate those poor patterns of accelerants, and check all the floors of the premise in case there might have been another reason for the fire. In this case, the trails of accelerants are poor, so their visible traces can be invisible. Ford (2014) suggests using trained dogs to find those traces, as they can react to specific scents and help with finding the fountainhead of fire. They show where to look, and the later examination proves the results.
Further, every data collected goes to criminalists who do the medical examination of the bodies and the analysis of the other evidence. According to Redsicker & O’Connor (1996), the external parts of the body may be severely damaged, so only the medicolegal autopsy will identify the cause of death. They are supposed to identify the bodies, find out the time and circumstances of death, correlation of injuries, and some other additional evidence. One of the key questions here is the time of death, as it helps to determine whether the person died before or during the fire. The analysis of burns and injuries gives this information.
Another important step is not to forget about witnesses. According to Bertino & Bertino (2015), they should be separated in order to compare their versions of events later. Witnesses can help with identifying the owner of the property, the circumstances of the arson, and giving general information about the event. Also, witnesses can help with identifying the victims, but it depends on the condition of the bodies. Communication with witnesses is one of the key parts of the investigation, so, according to Mauriello (2016), the investigator should stick to the following steps. First, the investigator identifies the witness, and the interview begins with establishing the rapport. Then, the investigator asks about the witness’s condition and continues by using open-ended questions and clarifications. Everything is to be documented. Finally, the witness is encouraged to contact the investigators in case he has to add some information.
Finally, it is necessary to find the owner of the property. We know that the arson happened in the abandoned tenement, located in a rundown area. It must not be overpopulated, so there is a great chance that neighbors know the owner of the tenement and some of them can share information about the time they last saw the owner. Once the identity is discovered, the investigator should check whether one of the found bodies is the owner of the property or not.
References
Bertino, A. J., & Bertino, P. (2015). Forensic science: Fundamentals and investigations. Boston, MA: Cengage Learning.
Ford, J. (2014). Explosives & Arson Investigation. New York, NY: Simon and Schuster.
Mauriello, T. P. (2016). Criminal investigation handbook. Dayton, OH: LexisNexis.
Michelson, R. S. (2015). Crime scene investigation: An introduction to CSI. San Clemente, CA: LawTech Publishing Group.
Redsicker, D. R., & O’Connor, J. J. (1996). Practical fire and arson investigation. Boca Raton, FL: CRC Press.
Suboch, G. (2016). Real-world crime scene investigation: A step-by-step procedure manual. Boca Raton, FL: CRC Press.