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Journal of Criminal Justice 42 (2014) 213–220

Contents lists available at ScienceDirect

Journal of Criminal Justice

No body, no crime? The role of forensic awareness in avoiding police


detection in cases of sexual homicide☆
Eric Beauregard a,⁎, Melissa Martineau b
a
School of Criminology, Simon Fraser University, 8888 University Drive, Burnaby, British Columbia, V5A 1S6, Canada
b
Behavioural Sciences Branch, Royal Canadian Mounted Police, 1426 St. Joseph Blvd, Ottawa, Ontario, K1A 0R2, Canada

a r t i c l e i n f o a b s t r a c t

Available online 8 July 2013 Purpose: The study examines whether the use of forensic awareness strategies increases the chance of
avoiding police detection in sexual homicide.
Methods: Logistic and negative binomial regression analyses are used on a sample of 350 cases of sexual
homicide – 250 solved and 100 unsolved cases – in order to determine if forensic awareness strategies are
related to the status of the case (i.e., solved versus unsolved) and the number of days before body recovery,
while controlling for certain victim characteristics.
Results: Although an offender’s use of precautions does not seem to increase the offender’s chance of avoiding
police detection, some modus operandi behavior adopted by the offender at the crime scene may help to delay
the discovery of the victim, and thus delay the offender’s apprehension. Moreover, the likelihood of whether
or not a sexual murderer is apprehended varied significantly across victim characteristics.
Conclusion: Some offenders seem to exhibit rational thinking in targeting certain types of victims and in adopting
certain strategies in order to delay body recovery. Number of days until body recovery is a more appropriate
measure of detection avoidance than case status, as it is not biased by administrative rules or timing of data entry.
© 2013 Elsevier Ltd. All rights reserved.

Introduction examination (Walton, 2006). But what of the possibility of offenders


becoming aware of forensic science practices and modifying their be-
"Wherever he steps, whatever he touches, whatever he leaves, even un- havior at the crime scene accordingly?
consciously, will serve as a silent witness against him. Not only his According to Strom and Hickman (2010), the rise in the utilization
fingerprints or his footprints, but his hair, the fibers from his clothes, of forensic evidence is mainly attributable to technological develop-
the glass he breaks, the tool mark he leaves, the paint he scratches, ment and the diffusion of knowledge about the value of forensic evi-
the blood or semen he deposits or collects. All of these and more bear dence in both the criminal justice community and in popular culture.
mute witness against him. This is evidence that does not forget. It is not While we have witnessed a significant increase in the use of forensic
confused by the excitement of the moment. It is not absent because evidence in criminal investigation due to technological advancement
human witnesses are. It is factual evidence. Physical evidence cannot in the past 20 years (Beaver, 2010), most research has shown
be wrong, it cannot perjure itself, it cannot be wholly absent. Only that better case outcomes (i.e., identifying suspects, pressing charges,
human failure to find it, study and understand it, can diminish its value." securing convictions) have not followed (e.g., Baskin & Sommers,
(Edmond Locard, cited in Kirk, 1953, p. 4). 2010a; Brown & Keppel, 2012; Ingemann-Hansen, Brink, Sabroe, &
Sorensen, 2008). This can be partly attributed to the minor role that
This citation illustrates one of the most important principles at the forensic evidence continues to play in many criminal investigations
foundation of forensic science as we know it today – the Locard ex- (see Horvath & Meesig, 1996 for a review), the decision not to submit
change principle. Edmond Locard (1877-1966) suggested that if the forensic evidence to the crime lab for analysis (Strom, Ropero-Miller,
offender did not bring something to the crime scene, he certainly took Jones, Sikes, Pope, & Horstmann, 2007), and case backlogs (Peterson,
something away, which could be revealed through proper forensic Johnson, Herz, Graziano, & Oehler, 2012).
Moreover, some researchers have postulated that the emergent
popularity of forensic science has manifested in a proliferation of
☆ This research was supported by a grant (SSHRC # 410-2011-1794) from the Social crime-dramas such as CSI – Crime Scene Investigation which could poten-
Sciences and Humanities Research Council Small Research Grant. The views expressed tially influence offenders’ modus operandi. The hypothesis that the sci-
are those of the authors and are not necessarily those of the Royal Canadian Mounted
Police.
ence portrayed within crime dramas can influence offender’s criminal
⁎ Corresponding author. Tel.: +1 778 782 8134; fax: +1 778 782 4140. behavior has been termed the “CSI effect” (see Baskin & Sommers,
E-mail address: ebeaureg@sfu.ca (E. Beauregard). 2010b; Kim, Barak, & Shelton, 2009). Alternatively, Cole and Dioso-Villa

0047-2352/$ – see front matter © 2013 Elsevier Ltd. All rights reserved.
http://dx.doi.org/10.1016/j.jcrimjus.2013.06.007
214 E. Beauregard, M. Martineau / Journal of Criminal Justice 42 (2014) 213–220

(2007) have termed this hypothesis the police chief’s effect, stating that the solvability of the crime. According to this perspective, the police
crime dramas such as CSI are in fact educational for criminals, providing are fully engaged and committed to clear every homicide, although
them with new strategies for avoiding police detection as well as an they may not be able to do so due to external situational factors
increased sophistication in the commission of their crime. For example, (e.g., characteristics of the offense may influence the outcome of the
it has been noted that offenders are more frequently wearing gloves investigation, i.e., homicides where witnesses are available are more
to avoid leaving fingerprints and using bleach (which destroys DNA) likely to be solved) (Gottfredson & Hindelang, 1979; Klinger, 1997).
to clean up blood (Durnal, 2010; Stevens, 2008). Such behaviors and In this paper, a third perspective that has been previously neglected
strategies used by criminals to avoid detection have been associated and deserves equal attention is suggested, namely the modus
to a relatively new concept in criminology: forensic awareness. The operandi perspective. According to the modus operandi perspective,
current study aims to examine whether the use of forensic awareness criminals avoid police detection because they make specific choices
strategies – i.e., taking additional steps and adapting the modus operandi that will allow them to go unnoticed. This perspective focuses on the
used in a crime to hide evidence in order to ultimately avoid apprehen- actions of the criminal as opposed to the failure of the criminal justice
sion (Davies, 1992) – increases the chance of avoiding police detection system to solve the crime. The perspective indicates that criminals
in cases of sexual homicide. may target a specific type of victim (e.g., sex trade worker) and
adopt specific behaviors with the express aim of hindering any subse-
Literature review quent police investigation and increasing the likelihood of avoiding
detection. Criminals make conscious decisions and choose to act a cer-
Avoiding detection in homicide tain way in an attempt to evade police detection. One specific subtype
of behavior which increases the chance of avoiding detection is the use
There is a dearth of research on detection avoidance in cases of homi- of forensic awareness strategies.
cide. Homicide clearance research is one source of data that may con-
tribute to understanding some of the strategies used by offenders to Forensic awareness strategies used by offenders
avoid detection. The different factors which influence homicide clear-
ance rates have been traditionally organized around two conflicting per- Some offenders will adapt their modus operandi (MO) or take pre-
spectives in the literature: the discretionary and the nondiscretionary. cautions before, during or post crime commission to decrease their
The discretionary perspective – or extralegal (Riedel, 2008) – suggests risk of apprehension. Arguably, this adaptation of crime strategy may
that victimology (e.g., age, gender) will influence how vigorously and be deemed an indication of evolving criminal sophistication on the
diligently the police will work to solve a crime (Black, 1976). For in- part of the offender. Offenders who adapt their MO to thwart police in-
stance, “victim preferencing” could explain why the homicide of a vestigative efforts may be said to be exhibiting investigative awareness
poor sex trade worker would be less likely to be cleared by the police (i.e., a knowledge or understanding of police investigative practice;
than a case involving an upper class female victim. Research on homi- Beauregard & Martineau, in press). “Forensic awareness” (Davies,
cide clearance rates that consider the influence of victim characteristics 1992) is exhibited when an offender reveals knowledge or an under-
reveal a general consensus that cases of homicide involving younger standing of the importance of forensic evidence (e.g., DNA, fingerprints,
victims tend to be solved more expeditiously (Addington, 2006, 2008; dental impressions) to police investigation through their behaviors or
Alderden & Lavery, 2007; Jiao, 2007; Korosec, 2012; Lee, 2005; Puckett actions. Thus forensic awareness is defined as the taking of additional
& Lundman, 2003; Regoeczi et al., 2000; Regoeczi et al., 2008; Roberts, steps and adapting the modus operandi used in a crime to hide evidence
2008; Roberts & Lyons, 2009; Trussler, 2010). This could be due to in order to ultimately avoid apprehension (Davies, 1992). According to
three main factors: (1) when the victim is a child, the public are likely Davies (1992), forensic awareness is manifested within four aspects of
to experience increased moral outrage, and getter pressure is brought the offender’s MO: (1) avoiding interruption (e.g., gagging, targeting
to bear on investigating agencies, resulting in the dedication of more women who are alone, disconnecting the phone), (2) protecting identity
time and resources to solve the case (Riedel, 2008); (2) children are (e.g., masking one’s face, leaving neither fingerprints nor semen by using
usually in the company of others who may be potential witnesses to gloves and condoms), (3) preventing victim reporting (e.g., threatening
the crime and able to provide information to the police (Riedel, 2008); to return and harm the victim), and (4) ensuring a safe departure
and (3) homicides of children are more likely to be committed by a (e.g., telling the victim not to move, tying up the victim).
family member, thus limiting the required scope of the investigation Research on the prevalence of forensic awareness among offenders
(Regoeczi et al., 2008). and the impact that this awareness has on the crime process and inves-
A similar pattern emerged from the research examining victim tigation is scarce. Davies, Wittebrood, and Jackson (1997) found in their
gender. Several studies have shown that, as with cases of child murder, sample of 210 stranger rapists that 15% of offenders wore gloves or
homicide cases involving female victims are cleared more expeditiously made efforts not to leave fingerprints, 5% attempted to avoid leaving
(Addington, 2008; Alderden & Lavery, 2007; Korosec, 2012; Lee, 2005; semen at the scene, 28% took steps to prevent being recognized
Regoeczi et al., 2000, 2008; Roberts, 2007; Trussler, 2010). However, (i.e., hiding their face), and 20% lied about their name and/or address.
a significant number of studies have found no relationship between vic- Park, Schlesinger, Pinizzotto, and Davis (2008) found that serial sex
tim gender and the solvability of the case (Addington, 2006; Puckett & offenders were more likely to exhibit forensic awareness than sex
Lundman, 2003; Riedel & Rinehart, 1996; Wellford & Cronin, 1999; offenders who had perpetrated only a single sexual offence. However,
Wolfgang, 1958). Studies examining other aspects of victimology have the two groups did not show significant differences in relation to the
found lower clearance rates for victims with a criminal record, sug- removal of semen. In their study of 85 serial homicides committed by
gesting that the police may be less attentive to such victims because 17 offenders, Neimeyer, Pepper, and Salfati (2008) used the expression
of their prior involvement in criminal activities (Jiao, 2007; Litwin & of “adaptive behavior” to describe the different strategies that would
Xu, 2007). However, other studies have found no relationship (Litwin, assist offenders in avoiding detection. Among their sample they found
2004; Wellford & Cronin, 1999) or have suggested that what is really that less than 20% of offenders were using any one of the following
important is not the mere presence or absence of a prior record, but strategies: hiding or covering the body, using preparatory actions,
the nature of the criminal history for both victims and offenders abducting at night, staging the crime scene, arson, and cleaning the
(Regoeczi & Jarvis, in press). body. Similarly, Salfati and Haratsis (2001) examined 210 cases of
The nondiscretionary – or solvability (Riedel, 2008) – perspective solved and unsolved homicide occurring in Greece. They found a signif-
suggests that it is the characteristics of the offence itself (e.g., weapon icant correlation between the use of forensic awareness strategies and
use, accessibility of witnesses) that are most important in determining the solvability of cases. Specifically they found that offenders’ failure
E. Beauregard, M. Martineau / Journal of Criminal Justice 42 (2014) 213–220 215

to use forensic awareness strategies was related to cases being solved. Method
There was one exception to this finding. The use of arson to destroy
the crime scene or body of the victim (although rare – 5% of cases) Sample and procedure
did not relate to case status, with almost equal numbers of cases being
solved (5%) and remaining unsolved (6%). In their study of child mur- In order to be included in the current sample all homicide cases had
derers, Brown and Keppel (2012) found that 47.3% of offenders (347 to be identified as completed real incidents (no attempts), and had to
cases) did not destroy any evidence at the crime scene. In the remaining involve a sexual element (i.e., there was evidence of sexual activity
cases, the evidence destroyed at the scene included clothing (6.9%), and/or the crime was sexually motivated). More specifically, the case
blood (4.7%), actual crime scene (4.4%), body or body parts (4.3%), had to meet the definition of sexual homicide provided by the FBI,
other physical evidence (4.2%), other personal items (1.8%), murder that is the case had to include at least one of the following: (a) victim's
weapon (1.0%), and bindings (0.5%). Further the most common attire or lack of attire; (b) exposure of the sexual parts of the victim’s
methods used by offenders to destroy physical evidence included body; (c) sexual positioning of the victim’s body; (d) insertion of
cleaning or washing (7.8%), burning (3.4%), hiding or burying (3.8%), foreign objects into the victim’s body cavities; (e) evidence of sexual
cutting up (0.9%), throwing away (2.7%), removing from scene (2.5%), intercourse; or (f) evidence of substitute sexual activity, interest, or sa-
and other disposal (2.1%). distic fantasy (Ressler, Burgess, & Douglas, 1988).
In their examination of 222 stranger sexual assaults, Beauregard and Information on all cases of sexual homicide was collected from a
Bouchard (2010) found that offenders displayed some form of forensic national database operated by the Royal Canadian Mounted Police
awareness in 55.9% of cases. Offenders, however, were not necessarily (RCMP). Investigators assigned to the case are required to collect the in-
consistently forensically aware across multiple sexual assaults. The formation from the case file via close-ended and multiple choice ques-
most common strategies used by offenders related to protecting identity tions approximately 45 days into the investigation. Data collected for
(i.e., disguising their identity, wearing gloves). DNA removal behaviors this study relates to the victim(s), the potential or suspected offender,
were scarcely found among the sample of sexual offenders with only the behavior of the offender during and after the crime, and any forensic
6.8% removing DNA from the scene by wiping away semen evidence information that may be available.
and wearing condoms in only 4 cases. It would seem that offenders A query of the database yielded a total of 350 cases of sexual homi-
are forensically aware to the extent that they will make efforts to protect cide committed between 1948 and 2010 in Canada (except for the
their identity during the crime-commission process. However, the ma- provinces of Quebec and Ontario). This sample may be divided into
jority of offenders fail to avoid leaving the type of evidence (i.e., DNA) solved cases (N = 250) and cases that, at the time of entry within the
that is most likely to lead to their apprehension and could link them to database, were unsolved (N = 100). Solved cases are those where the
prior offenses. One possible explanation is that offenders may be more offender has been identified but does not need to be charged with
likely to use detection avoidance strategies in the early stages of the the offence. If there is more than one offender responsible and any of
crime-commission process (pre-offence) as opposed to strategies that the offenders are not identified, the case is considered unsolved.
require cognitive effort post-offence and may delay the offenders exit
from the scene. Forensic awareness appears to be situational and may Variables
vary according to the context of the crime-commission process. Inter-
estingly, Beauregard and Bouchard (2010) also found that certain target Dependent variables
selection behaviors (pre-offence), were related to forensic awareness, The current study examines the issue of avoiding police detection in
which was evident at the crime scene. Thus a minority of offenders sexual homicide from two different perspectives. In line with prior
who exhibit investigative and/or forensic awareness at the early stages studies, the first dependent variable that we consider is the status of
of crime commission will also exhibit such awareness at the later stages the case (0 = unsolved; 1 = solved) at the time the case was entered
of their offence. into the database, which is approximately 45 days into the investiga-
tion. In the current sample, 250 cases are solved and 100 cases are
Aim of the study unsolved. In addition, the study looks at a complementary measure
that has not been considered before in the research on avoiding detec-
The modus operandi of sex offenders has been described extensively tion, that is, the number of days before body recovery. This variable is
in the literature. Although facilitating escape and avoiding detection are measured by subtracting the date the victim was last seen alive from
primary aims of modus operandi, research specifically focusing on these the date the body was recovered. As can been seen in Table 1, it takes
strategies is scarce (Cornish & Clarke, 2002). More importantly, there is an average of 71 days to recover a body in cases of sexual homicide
a lack of empirical studies examining the outcome of using such strate- (SD = 384.2; range = 6,491).
gies. As Bouchard, Beauregard, and Kalacska (2013) suggest, “examining
the outcome of criminal decision-making under a rational choice model Independent variables
is important because what makes a decision “rational” is also tied to re-
sults. Offenders may show much deliberation and thinking but still Victim characteristics. The study examined four victim characteristics
come up short—at least shorter than if they had made a ‘better decision’. variables, coded dichotomously (0 = no; 1 = yes): (1) victim is a fe-
In other words, a rational choice approach should recognize that while male, (2) victim is 12 year or older, (3) victim abuses drugs, and (4) vic-
most to all offenders show thinking and deliberation prior to offending, tim is a sex trade worker. Table 1 shows that the majority of victims in
not all of them are as successful in their endeavors” (p. 35). sexual homicide are female (89.7%) and that they are mainly older than
The current study aims to build upon existing research, examining 12 years of age (93.7%). One out of four victims was known to abuse
forensic awareness in cases of sexual homicides. The study examines drugs and 17.7% were sex trade workers.
whether the use of forensic awareness strategies increases the chance
of avoiding police detection among a sample of solved and unsolved Forensic awareness. A total of 16 variables that relate to forensic aware-
cases of sexual homicide. Efforts will be made to control for victim ness in sexual homicide were examined. The first grouping of variables
characteristics that could affect the analysis. Two measures of detec- concerns specific precautions taken by the offender to avoid detection. The
tion avoidance will be utilized. The first measure is that of case status first variable is the use of any specific precautions to avoid detection
(i.e., whether the case is solved or unsolved). The second measure is (0 = no; 1 = yes). As reported in Table 1, in more than half of the
the number of days from victim disappearance to the date police dis- sexual murders (54.3%), police could not identify the use of any specific
cover the victim’s body. precautions to avoid detection during the commission of the crime.
216 E. Beauregard, M. Martineau / Journal of Criminal Justice 42 (2014) 213–220

Table 1
Descriptives and bivariate analyses for the dependent variables, victim characteristics, and forensic awareness strategies exhibited by the offender

Variables Total % % Unsolved χ2 or F


% Solved (n)
(n = 350) (n)

DEPENDENT VARIABLES
Case solved 71.4 (250) - -- -- - -- -
Number of days before recoverya 71.1 (384.2) 40.9 (147.5) 146.4 (676.5) 5.4***

VICTIM CHARACTERISTICS
Victim is a female 89.7 (314) 87.6 (219) 95.0 (95) 4.2*
Victim is 12 year old or older 93.7 (328) 92.0 (230) 98.0 (98) 4.4*
Victim abuses drugs 25.7 (90) 21.2 (53) 37.0 (37) 9.3**
Victim is a sex trade worker 17.7 (62) 9.2 (23) 39.0 (39) 43.5***

FORENSIC AWARENESS
Any specific precautions taken 45.7 (160) 55.6 (139) 21.0 (21) 34.5***
Specific precautions used by offender
Destroying or removing evidence 30.6 (107) 38.8 (97) 11.0 (11) 25.9***
Disposing of victim’s body 11.1 (39) 11.2 (28) 11.0 (11) .003
Protecting his identity 4.3 (15) 8.0 (20) 2.0 (2) 4.4*
Acting upon victim/environment 11.4 (40) 15.6 (39) 1.0 (1) 15.0***
Staging the crime scene 0.9 (3)
Other precaution 12.0 (42) 12.8 (32) 4.0 (4) 5.9*
Number of specific precautions takena .93 (1.02) .33 (.73) 28.4***
0 54.3 (190)
1 24.9 (87)
2 11.7 (41)
3 or more 9.1 (32)
MO behavior indicative of forensic awareness
Any semen located 27.7 (97) 30.0 (75) 22.0 (22) 2.3
Other biological evidence left to analyze 24.0 (84) 21.2 (53) 31.0 (31) 3.8†
Body moved 34.0 (119) 30.8 (77) 42.0 (42) 3.9*
Body concealed 36.0 (126) 38.0 (95) 31.0 (31) 1.5
Body dismembered 6.3 (22) 6.4 (16) 6.0 (6) .02
Risk of detection – Contact scene (0-2)a 0.9 (0.9) 1.0 (.95) .46 (.81) 26.6***
Risk of detection – Offense scene (0-2)a 0.5 (0.8) .62 (.87) .14 (.49) 26.9***
Risk of detection – Body recovery scene (0-2)a 0.5 (0.8) .56 (.84) .31 (.69) 6.7*

* p b .05 ** p b .01 *** p b .001 † p b .10.


Note a : the mean is presented with the standard deviation between parentheses.

A second variable measures the number of specific precautions taken by performed to the body. The offender moved the victim’s body from
the offender to avoid detection. One out of four offenders (24.9%) were the offence scene to a body disposal site in 34% of the cases, and the
found to use one precaution, 11.7% used two precautions, and a 9.1% body was concealed and dismembered in respectively 36% and 6.3% of
used three or more precautions during their crime. Six dichotomous the cases.
variables (0 = no; 1 = yes) describe the specific precautions taken by In order to examine the level of risk taken by the sexual murderers
offenders to avoid police detection. The most common strategy used while committing their crimes, risk scales were created for the contact,
was to destroy/remove evidence (30.6%); this includes wearing gloves, the offense, and the body recovery scenes (for more details, see
using a condom, setting fire to the scene, and cleaning the scene. This is Beauregard & Martineau, in press). These scales were computed by
followed by acting upon the victim and/or the environment (11.4%). summing two dichotomous (0 = no, 1 = yes) items together – (1) po-
Such precautions include threatening the victim not to report, disabling tential to see what was happening and (2) potential to hear what was
the lighting, the telephones, security system, and/or the victim’s vehicle, happening – for each scene of the crime. The reliability analyses showed
administrating a drug to the victim, tying up the victim, blocking access strong consistency within the scales, Cronbach’s Alpha reaching 0.90,
in and out of doors or windows, and killing the victim for the purpose of 0.89, and 0.87 for contact, offense, and body recovery scenes respective-
eliminating the witness. Other offenders simply disposed of the body ly. As shown in Table 1, although the risks taken by sexual murderers is
(11.1%), while a minority attempted to protect their identity (4.3%) on average close to 1 (scale ranging from 0 to 2) at the contact scene
through the wearing of a mask, giving out a false name, attempting (SD = 0.9), the risk drops to 0.5 on average at the offense and body re-
to disguise or altering their appearance, and changing residence after covery scenes.
the crime. Some offenders used “other” precautions (10.3%), which in-
cluded using a scanner to ascertain police activities, using a devise to Analytical strategy
alert them to anyone approaching, using a look-out or establishing a
look-out location where the offender could observe the scene without The relationship between each independent variable with the de-
being noticed, covering the victim’s eyes, gagging the victim, and ar- pendent variable, case status (i.e., solved/unsolved), was examined at
ranging an alibi. Staging of the crime scene1 was observed in only 0.9% the bivariate level. Subsequently, logistic regression was used to assess
of the cases. the impact of the independent variables in a sequential fashion in rela-
The second grouping of variables includes modus operandi behavior tion to case status. Sequential logistic regression was selected in order
indicative of forensic awareness. Two dichotomous variables (0 = no; to be able to assess the effect of forensic awareness strategies on the
1 = yes) look specifically at evidence left at the crime scene: semen ability of offenders to avoid police detection while controlling for rele-
was found at the scene in 27.7% of the cases and availability if other vant victim characteristics. Third, the impact of victim characteristics
biological evidence was reported for almost one quarter of the and forensic awareness strategies on the number of days until body
cases (24%), both presenting the possibility for DNA analysis. Three recovery was analyzed. As the distribution of this variable was highly
dichotomous variables (0 = no; 1 = yes) look specifically at actions skewed – with a large percentage of bodies being recovered during
E. Beauregard, M. Martineau / Journal of Criminal Justice 42 (2014) 213–220 217

the first few days –the normality assumption of ordinary least-squares “victim is a sex trade worker” remains (β = 1.62, p b .001). Moreover,
(OLS) regression was violated. As such, negative binomial regression and congruent with the bivariate analyses, results show that taking any
was used. Negative binomial regression is a technique designed precautions to avoid detection is significantly and negatively related to
for count discrete models that allows for non-normal distributions the chance of avoiding detection (β = -1.73, p b .001) and that leaving
(Long, 1997) and whereby any dependencies among the count data is biological evidence (i.e., blood, hair, etc.) at the crime scene is related to
accounted for through the inclusion of linear combinations of linear the case remaining unsolved (β = 1.05, p b .01). However, the findings
effects in the linear predictor (Booth, Casells, Friedl, & Hobert, 2003; also indicate that when offenders leave no semen at the crime scene
Land, McCall, & Nagin, 1996). Once again, in order to control for the po- (β = -.72, p b .05) and their risk of detection is calculated as low
tential effect of specific victim characteristics, analyses were performed (β = -.36, p b .001) they are more likely to avoid police detection.
in a sequential fashion. Finally, Table 3 presents the findings of the negative binomial se-
quential regression analyses2 with respect to the number of days until
Results body recovery. Similar to the logistic regression analyses, model 1 in-
cludes only the victim characteristic variables. Results indicate that in
Along with the descriptive statistics of the sample, Table 1 presents cases involving victims who are female (β = .99, p b .05), older than
the results of the bivariate analyses conducted between the indepen- 12 years of age (β = 1.58, p b .01), and sex trade workers (β = 1.15,
dent variables and the case status. In relation to victim characteristics, p b .01), the time to body discovery is likely to be longer compared to
results show that cases involving a female (χ2 = 4.2, p b .05), who is cases involving other victim characteristics. In addition to the victim
older than 12 years of age (χ2 = 4.4, p b .05), abuses drugs (χ2 = 9.3, characteristics, model 2 introduces forensic awareness strategies. Al-
p b .01), and is working as a sex trade worker (χ2 = 43.5, p b .001) though all victim characteristics that were significant in model 1 remain
are more likely to remain unsolved. In examining forensic awareness significant, Table 3 shows that in cases where offenders leave semen at
strategies used by the offender in cases of sexual homicide, results the crime scene (β = -1.04, p b .001) or commit their crime when the
show that, unexpectedly, taking any precaution in order to avoid detec- risk of detection is higher (β = -.24, p b .001), the police are likely to
tion is significantly and positively related to the probability of a sexual recover the victim’s body in less time. However, offenders who conceal
homicide case being solved (χ2 = 34.5, p b .001). Offenders who the body after the murder (β = .93, p b .01) are likely to delay the dis-
destroy and/or remove evidence (χ2 = 25.9, p b .001), protect their covery of the victim’s body.
identity (χ2 = 4.4, p b .05), act upon the victim and/or the environ-
ment (χ2 = 15.0, p b .001), or use other precautions (χ2 = 5.9, Discussion
p b .05) are more likely to be apprehended by police. Moreover, results
show that the police identify on average more precautions by the The current study examined the use of forensic awareness strate-
offender when the case is solved (F = 28.4, p b .001) compared to gies and the ability of offenders to avoid detection in cases of sexual
when it remains unsolved. Finally, cases where the offender decided homicide. In order to examine the issue of avoiding detection, two
to move the body (χ2 = 3.9, p b .05) and where the risk of detection different approaches were utilized: one using a traditional measure
at the contact (F = 26.6, p b .001), offense (F = 26.9, p b .001), and of case status – i.e., solved versus unsolved – and the other using
body recovery (F = 6.7, p b .05) scenes were lower, are more likely to a measure of the number of days until body discovery. While the
remain unsolved. two measures are significantly correlated,3 they yielded very different
Table 2 presents the findings of the sequential logistic regression findings. Although an offender’s use of precautions does not seem to
analyses with respect to case status (i.e., solved/unsolved). Model 1 increase the avoidance detection, some modus operandi behavior
includes only the victim characteristic variables. Findings indicate adopted by the offender at the crime scene may contribute to delay
that offenders who target victims who are sex trade workers (β = the discovery of the victim, and thus delay the offender’s apprehen-
1.80, p b .001) are more likely to avoid detection. All other victim sion. Moreover, victimology has an influence on the likelihood of
characteristics are not significantly related to the case status. When whether or not a sexual murderer is apprehended, such that offenders
introducing the forensic awareness strategies in Model 2, the significant who target certain groups of victims may delay detection by the
relationship between the case status is unsolved with the indicator police.

Table 2 Table 3
Sequential logistic regression analysis on the status of the case (solved/unsolved) using Sequential negative binomial regression analysis on the number of days until body
victim characteristics and forensic awareness strategies recovery using victim characteristics and forensic awareness strategies

Case Status – Number of Days Until Body


Unsolved Recovery

Model 1 Model 2 Model 1 Model 2

β (S.E.) β (S.E.) β (S.E.) β (S.E.)

VICTIM CHARACTERISTICS VICTIM CHARACTERISTICS


Victim is a female .54 (.51) .50 (.55) Victim is a female .99 (.43)* 1.05 (.42)*
Victim is 12 year old or older 1.04 (.76) .87 (.83) Victim is 12 year old or older 1.58 (.54)** 1.63 (.55)**
Victim abuses drugs -.14 (.34) .06 (.38) Victim abuses drugs -.68 (.39) .05 (.42)
Victim is a sex trade worker 1.80 (.36)*** 1.62 (.43)*** Victim is a sex trade worker 1.15 (.44)** 1.25 (.47)**

FORENSIC AWARENESS FORENSIC AWARENESS


Any specific precaution taken - -- -1.73 (.33)*** Any specific precaution taken - -- -.15 (.34)
Any semen located - -- -.72 (.34)* Any semen located - -- -1.04 (.31)***
Other biological evidence left to analyze - -- 1.05 (.35)** Other biological evidence left to analyze - -- -.12 (.32)
Body moved - -- .24 (.33) Body moved - -- -.58 (.34)
Body concealed - -- -.28 (.32) Body concealed - -- .93 (.30)**
Body dismembered - -- -.59 (.63) Body dismembered - -- -.03 (.52)
Scale of risk of detection – All scenes (0-6) - -- -.36 (.09)*** Scale of risk of detection – All scenes (0-6) - -- -.26 (.07)***
Constant -3.31 (1.21)** -1.94 (1.36) Constant .73 (.85) .71 (.87)

* p b .05 ** p b .01 *** p b .001. * p b .05 ** p b .01 *** p b .001.


218 E. Beauregard, M. Martineau / Journal of Criminal Justice 42 (2014) 213–220

Discretionary perspective or rational choice approach? to take active measures to avoid leaving forensic evidence at the crime
scene. The current study is no exception. Less than half of the offenders
The discretionary perspective suggests that factors related to the vic- took at least one precaution in order to avoid detection. The precaution
tim (e.g., age, gender) will influence how vigorously and diligently the most commonly used in cases of sexual homicide is destroying or re-
police will work to solve a crime (Black, 1976; Riedel, 2008). This per- moving evidence, with only 30.6% of offenders doing so. Not only does
spective has been suggested to explain why homicide cases involving this number appear to be low, considering that this type of crime is
certain groups of people (e.g., sex trade workers) would be less likely likely to result in several forms of forensic evidence (i.e., DNA, semen,
to be solved by the police. The current findings indicate that it takes po- fingerprints, blood, fibers) being left at the scene, but it contrasts
lice longer to discover the victim’s body in cases of sexual homicide in- sharply with research findings relating to serial rape. Beauregard and
volving sex trade workers. The discretionary perspective would suggest Bouchard (2010) found that the most common forensic awareness
that such a finding is congruent with “victim preferencing”, where the strategies used by serial rapists had to do with protecting their identity.
police are not putting the same time and resources into investigating Surprisingly, very few offenders took precautions involving the removal
cases involving marginalized victims compared to more affluent victims of forensic evidence that could contain traces of DNA from the crime
(e.g., upper class woman). Although this perspective received a great scene. Thus, serial rapists are aware that if they allow their victim to
deal of attention in the late 1970s and 1980s and was subjected to em- see their face they may be identified. However, they do not seem to un-
pirical scrutiny, this perspective may no longer provide an adequate or derstand that DNA left at the crime scene can aid in their identification
appropriate explanation for the current findings. A perspective based on and connect them to the crime scene. Beauregard and Bouchard (2010)
the rational choice approach, which postulates that criminals may avoid hypothesized that this could be due to the fact that offenders are capa-
police detection by choosing to behave in ways that decrease their ble of forensic awareness in the early stages of the crime-commission
chance of being apprehended may be a more appropriate theoretical process but become less careful after the actual rape, suggesting that
approach. Thus, rather than attributing an unsolved case status to inves- forensic awareness is in fact situational. This hypothesis is supported
tigative failure, a rational choice theorist argues that, some criminals by the current findings. In the case of sexual homicide, protecting
may, in fact, target a specific type of victim and adopt offence behaviors one’s identity is less of a concern as the deceased victim does not pose
that complicate or increase the complexity of the police investigation. a risk of identifying the offender. Destroying or removing evidence is
Some criminals may consciously choose to act a certain way in an at- the more salient precaution if the offender is to avoid detection and
tempt to evade police detection. Following the inclusion of the forensic therefore, more logically the focus of the sexual homicide offender.
awareness strategies variables, the victim characteristic variables of ‘vic-
tim is a sex trade worker’ remained significantly related to a greater How to measure avoiding detection?
number of days to body recovery. This suggests that some offenders tar-
get victims that, by virtue of a higher risk lifestyle, may be more vulner- The current study operationalized the case status variable (i.e., solved
able to victimization. For instance, research has shown that sex trade vs. unsolved) commonly used in homicide clearance research (see
worker homicides are more difficult for police to solve (Salfati, James, Riedel, 2008) in order to measure detection avoidance. The findings
& Ferguson, 2008). There are many dangers associated with working in were in the opposite direction of the working hypothesis. Cases of sexual
the sex trade. Some sex trade workers are nomadic, living a very tran- homicide involving the use of at least one precaution to avoid detection
sient lifestyle. This lifestyle decreases the likelihood that their absence were more likely to be solved. Moreover, offenders who did not leave bi-
will be immediately noticed when they go missing. This may result in a ological evidence at the crime scene were more likely to be detected by
delay in reporting the victim missing, if such a report is made, and will the police. Two possible explanations may be offered to make sense of
influence the number of days it takes to discover the victim’s body post these contradictory findings. First these counter-intuitive findings may
crime. Moreover, some sex trade workers are willing to travel to very be due to the nature of police data. Without access to the statements of
isolated locations with unknown clients. Investigations into the murder victims, witnesses, or even the offender himself, information regarding
of sex trade workers are often hampered by low public interest, a lack the use of the forensic awareness strategies examined in this study,
of credible witnesses, the unwillingness of other sex trade workers to may be limited, not reflecting the true prevalence of use of these strate-
cooperate with the police (Salfati, James, & Ferguson, 2008), and the like- gies. Some forensic awareness strategies may be quite difficult to identify
lihood of more than one sample of DNA being found on the body. A study based upon careful study of the crime scene. Therefore, police may be
by Brewer, Dudek, Potterat, Muth, Roberts, and Woodhouse (2006) more aware of the use of forensic awareness strategies in solved cases.
showed that involvement in the sex trade considerably increases a Another possibility is that the forensic awareness strategies which
woman’s risk of becoming a victim of homicide. Targeting specific groups have been observed by police, are not the most effective. It is possible
of victims, when done intentionally in order to avoid detection is an that offenders who successfully avoid detection use alternative strate-
indicator of investigative awareness (Beauregard & Martineau, in press). gies not yet identified by law enforcement through interviews with
offenders or through the study of crime scene evidence. The adoption
CSI effect? Not for the offenders of these more effective strategies and modus operandi (Beauregard,
Proulx, Rossmo, Leclerc, & Allaire, 2007) may be enabling offenders to
Some authors have suggested that the CSI effect – i.e., the theory that continue evading police detection.
juries will no longer convict without forensic evidence – (Baskin &
Sommers, 2010b; Kim, Barak, & Shelton, 2009) could be extended to No body, no crime?
offenders as well. The police chief’s effect, suggests that crime dramas
such as CSI are in fact educational for criminals, providing them with “No body, no crime” is an old saying which illustrates how a delay in
new strategies to avoid police detection as well as increasing their locating or worse failure to locate a body may have disastrous implica-
sophistication in the commission of their crime (Cole & Dioso-Villa, tions for investigative outcome. This saying originates from the English
2007). The current findings as well as findings from previous studies Common Law rule of “no body, no murder.” However, the United States
do not support this assertion. Although previous studies have differed case of People v. Scott 176 Cal. App. 2d 458 (1960) held that "circumstan-
in the behaviors examined, the findings all support that offenders are tial evidence, when sufficient to exclude every other reasonable hy-
using precautions aimed at avoiding detection in only a minority of pothesis, may prove the death of a missing person, the existence of a
cases. Whether we are looking at serial rape (Park et al., 2008), serial homicide and the guilt of the accused" (Columbia Law Review
homicide (Neimeyer et al., 2008), or child abduction homicide (Brown Association, 1961, p. 740). Despite this precedent, the reality is that
& Keppel, 2012), it is the exception rather than the norm for offenders this saying continues to hold true. The longer it takes to recover a
E. Beauregard, M. Martineau / Journal of Criminal Justice 42 (2014) 213–220 219

body, the greater the chance of crucial evidence being destroyed. For Moreover, besides including specific victim characteristics, the study
this reason, we purport that the number of days until body recovery is a did not take into account offender characteristics or the situational com-
more appropriate measure of detection avoidance than case status. ponents of the sexual homicide. As Beauregard and Bouchard (2010)
The number of days until body recovery is not biased by administrative have shown, it is possible that the use of forensic awareness strategies
rules or timing of data entry (e.g., information about the case should be will be dictated by the circumstances of the offence. Future studies
entered after a specific number of days into the investigation). should investigate the specific contexts in which forensic awareness
The findings of the current study indicate that the use of precau- strategies are the most effective and whether offender characteristics
tions to avoid detection is related to case status, it is not related to are related to the ability to use such strategies.
the number of days until body recovery. The specific precautions
taken by the offender to avoid detection investigated in the current Notes
study (e.g., destroying/removing evidence, protecting identity, acting
upon victim/environment) have no direct impact on finding the body 1. A crime scene is ‘staged’ when the offender manipulates the scene to make it ap-
pear as though an offence other than that which actually occurred has taken place. For
(unless an offender uses arson to destroy evidence that could be found
example, a homicide may be staged to appear as a suicide.
on the body). These strategies were hypothesized to have an effect on 2. The two negative binomial regression models were over-dispersed. As a result
the solvability of the case. The findings of the current study have the models were re-run with a scale weight variable, which was equal to the inverse
shown that in order to delay body recovery in cases of sexual homicide, of Deviance/degrees of freedom. This procedure does not change the parameter esti-
the best strategy is to conceal the body after the murder – a modus mates. Rather adjusted standard errors are computed by dividing the standard errors
by the scale variable. This procedure makes the significance tests more conservative.
operandi behavior indicative of forensic awareness (Beauregard &
After running the analyses with scale variables, model 1 and 2 showed both Deviance
Field, 2008). Sexual murderers who choose to conceal the victim’s coefficients of 1.00, suggesting the corrected models were no longer over-dispersed.
body post murder are likely to see the number of days until body 3. Spearman’s rho = .19, p b .01.
recovery increased. This does not necessarily mean that the police will
never apprehend the offender. However, delaying body recovery in-
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