Murder Cases: A Difficult Situation

Posted on May 30, 2008
Filed Under Law, Laws, Los Angeles, Murder, Three Strikes |

Murder is, obviously, a serious issue; and the search for a suspect and/or suspects, is a major issue during a murder investigation.  If a crime scene is left for too long, the case becomes increasingly difficult to investigate and it becomes quit difficult to prove guilt of the accused.  Although DNA evidence can lend some assistance, it is still a difficult task.

For example, in San Clemente, CA five family members were recently found dead in their home.  They lived in a gated community, and they were all adults.  Complicating matters is that the family may have been dead for two weeks since they were found at home with their bodies decomposed.  Neighbors said the family kept to themselves, and authorities are not yet able to rule out homicide or suicide.  In a case such as this, it would be quite difficult to prove any particular crime as weeks have already passed in a gated community with few if any witnesses.

Another case, this time involving the military, is also quite difficult.  A marine is charged in the death of another marine, with a third individual on the loose, at Camp Pendelton, in San Diego.  The challenge here, despite the slight differences in law between the military and civilians, is that one suspect is on the loose and while the case in San Clemente involves people who were isolated, this case involves men who were in close quarters.  With so many men in such high stress situations, the accused could claim self-defense or could claim any other defense that would be hard to disprove as both men were possibly in constant contact.

While murder rates have slowed in California, there is still a problem with murder and manslaughter throughout the state, and especially in major cities.  Attorneys have a hard time proving murder since the burden of proof is very difficult, and since evidence can also be a challenge.

One possible major factor in murder investigations is the possibility of gang involvement in the crime.  If a gang member kills either a member of a rival gang, or simply any ordinary citizen, getting another gang member to testify would be impossible.  Members of the surrounding community could be afraid to testify as well, making witnesses very hard to come by.  Considering how some criminals also fear California’s three strikes laws, they may be hard to find or get information out of in a murder case.  These are just a few of the factors involving in murder trials.

Written by Joe M

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