Forensic and Criminal Procedural Lessons from a Knife Homicide

Abstract

The study shows the investigation and court phase of an unworked homicide case, which happened twenty years ago. It refers turning points before the bill of indictment and court trial proofing as well. The aim of this writing is to draw the most important criminalistical and criminal procedural lessons, which could be useful for law enforcements nowadays too. For this reason, the authors reviewed the case documents and records. They analysed the primer investigation acts and suspect interrogation, and later they valued the continuous suspect interrogation as well. The researchers marked the crucial points of indictment, proofing process and sentencing justification at first instance court. The writers enumerated the prosecutor’s comments and defence arguments in appeal, which were the ground of the decision of the court of appeal. The case analysis shows the importance of the forensic first strike on the road to a successful investigation. Precise on-site inspection, hot trace data collection, rapid investigation and professional (on-the-spot) questioning will uncover the relevant evidence in the case. This includes, for example, physical evidence which, with the help of expert opinions, can confirm the age-old principle of forensic science: the exchange effect, the cross matching of material remains, and which is much more powerful than polygraph, graphological or psychological tests of uncertain validity. Criminally tactical interrogations of the suspect may discredit subsequent defence changes. In summary, every stage of the criminal proceedings of twenty years ago contains messages for today’s law enforcement: for the investigating authorities, for the prosecuting authorities, for criminal tactics and techniques, and for the courts at various levels, an objective and thorough examination of the factual issues.