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Thread: Question about court proceedings
12-08-09, 10:53 AM #1
Question about court proceedings
Recently in Wisconsin, four people were killed and police had a suspect. That suspect was found yesterday or this morning, dead due to gsw to the head. My question is, since he is dead, how do they close the case on the four murders? I'm guessing there won't be a trial, since he is dead, but how do they find him guilty so to speak?
12-08-09, 11:49 AM #2
They finish their investigation that proves it was the dead suspect who committed the murders. There's no need for a trail because there's no further justice to be dispensed. The families of the victims could go after his estate in civil court for monetary damages, but he probably isn't worth enough for it to be worthwhile.The views expressed in the above post are the sole opinion of the author and do not reflect any official position by the author's employer and/or municipality.
12-08-09, 01:26 PM #3That which does not kill me, better start fucking running.
If I lived every day like it was my last, the body count would be staggering.
I intend to go in harm's way. -John Paul Jones
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12-08-09, 03:29 PM #4
You have to be alive to be found guilty. If the suspect dies, the law doesn't require the corpse to be brought in and tried. That's what hell is for.
12-08-09, 03:48 PM #5
In my dept the detectives will complete their investigation and write up the report showing the evidence against the deceased offender. The case is listed as being closed by investigation/exceptional clearance. Basically the report shows there was at least probable cause (if not damning proof) that the suspect committed the offense, with no open leads that it may have been someone else. Various records (evidence, statements, etc) may be kept in accordance with policy and may still be subpoenaed in the event of a civil suit."never bring paws to a gunfight" - Jenna
12-08-09, 09:10 PM #6
12-08-09, 10:55 PM #7
12-09-09, 06:09 AM #8
Over here there will still be a formal inquest even if the offender is dead. So the investigation still has to be completed as if he were going to trial.
The evidence is heard and a cause of death determined i.e unlawfully killed(For the victims).
The offender will also have an inquest when his cause of death will be determinedi.e. suicide.
Although they won't be allowed to call it "thank god he did everyone a favour by offing himself"the sole advantage of power is that you can do more good.
( Baltasar Gracian )
12-10-09, 01:09 PM #9The reason they do psych evalsVerified LEO
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12-10-09, 01:10 PM #10
IBR considers it exceptional clearance.
From the FBI NIBRS program:
In order for law enforcement to clear an offense by exceptional means, each of the following four conditions must be met: 1. The investigation must have clearly established the identity of at least one offender.
2. Sufficient probable cause must have been developed to support the arrest, charging, and prosecution of the offender.
3. The exact location of the offender must be known so that an arrest could be made.
4. There must be a reason outside the control of law enforcement which prevents the arrest.
In general, this means the death of the offender, victim refused to assist, extradition declined, or prosecution declined.
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12-10-09, 03:11 PM #11the sole advantage of power is that you can do more good.
( Baltasar Gracian )
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