Research On Criminal Investigation And Evidence Collection Of Misjudged Homicide Cases

Homicide evidence collection and investigation refers to the process of searching for criminal clues and collecting homicide evidence in accordance with legal procedures,which is the significant precondition of case analysis.Only with high-quality evidence collection and investigation can investigators lay a solid foundation for recognizing the case facts and solving the case.Homicide cases have always been a significant social concern,closely related to the security of people's lives and properties.And homicide cases are in a large proportion of the major misjudged criminal cases revealed in the last dozen years in China.Unstandardized obtainment of evidence and investigation activities in homicide cases has been widely criticized.Based on case study and literature research,this essay analyzes the problems of evidence collection and investigation in various cases.By discussing the causes of mentioned problems,the essay continues with specific suggestions on the basis of previous studies.The essay contains five parts:The first part introduces the determination criteria of misjudged criminal cases pursuant to academic researches,judicial practices,laws and regulations,framing the criterion applied in this essay;analyzes homicide evidence collection and investigation problems from both domestic and international perspectives;explains research materials and methodologies;raises the significance of homicide evidence collection and investigation research.The second part introduces the basic information of sample selection.Part three is a general analysis of the 30 misjudged homicide cases and a summary of two problems in evidence collection: unstandardized forensic identification of tangible evidence and crime scene investigation;cursory interviews and illegal means of verbal evidence collection like torture.Part four investigate the causes of these problems,which are low awareness of evidence collection and limited proficiency of investigators,the influence of external environment,the weak monitoring mechanism.The last part proposes suggests that the investigators should develop scientific ideas as guidance on homicide evidence collection and investigation,and put ideas like trial-centered litigation and human rights protection into practice.Besides,homicide evidence collection and investigation activities need to be regularized to contain torture and standardize identification and evidence collection.The last is to establish standardized evidence collection system and to strengthen inspection and supervision.