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Get to know the thing called Nishin.
The actual thought that goes into murder mysteries
I recently sold my guild, so this guide was erased with it. I didn't repost it anywhere until today. Why? Because I was so surprised with the amount of PMs I've gotten since asking where I moved this. Well, I decided to move it and keep it in my main account's journal (for easy access on my part). I've updated it, too, for this momentous occasion.

So, to all those who asked, thanks for inflating my ego. To those who just happen to come across this... uh, hi? If you'd like to debate or add anything, by all means, go ahead. (Gawd, formatting this for a second time was a pain in the a**.)
icon_heart.gif /[Nishin

P.S. My entire journal (on this account and my mule account) are open to the public for both viewing and comments.

~~~~~~~~~~~~

A Guide to Murder in Fiction

If there’s one thing I know, it’s murder... in fiction. The stuff I post on FictionPress or Gaia Online’s Original Stories/Prose subforum aren’t my best works, but I’ve read a few good murder mysteries--perhaps more than you have. I have compiled all of my advice in regards to murder mysteries into one convenient place.

When writing anything, some amateurs would say, “Research is restricting.” It isn’t, and research adds that little extra depth that can draw the line between generic and unique. Likewise, a little research for a murder mystery will only serve to benefit you, the writer. There is more to a murder mystery than an angry guy killing someone for some reason. A motive can make or break a mystery novel and I won’t be the first to say that a well-developed one can add depth.

What I did was take many references (Internet and nonfiction guides), personal experiences with writing this genre for a good chunk of my life, reviews of said writings, and my reviews of various published mystery novels and congregate them into this convenient guide.

Why? Because you may be writing a mystery novel, and you may be wondering how to make your killer stand out from the other, and you may be yearning to add some extra depth to do so. Also, writing a mystery can be a b***h.

From the Microsoft © Encarta Encyclopedia 99 CD Dictionary:
MURDER: The unlawful killing of one human being by another, especially with premeditated malice; to kill a human being unlawfully.
MYSTERY: Something that cannot be explained or fully understood; the quality associated with the unexplained, secret, or unknown; a work of fiction or drama with a puzzling crime.
DETECTIVE: a person, usually a member of the police force, who investigates crimes and gathers evidence.

A few WARNINGS: (Read ** and ***)
*This guide refers mostly to contemporary (1990-2000 era) American police and FBI crimes. You’ll have to research Scotland Yard and Interpol jurisdictions all on your own.
**For the sake of those reading this, I have provided a brief synopsis and my own advice at the end of each section. I suggest reading those first and then going into the details when need be. Also, it is highly recommended that you follow up with more research of your own. I only know so much with my feeble seventeen-year-old brain.
***PAY PARTICULAR ATTENTION TO PARTS 2, 3, AND 4. Parts 6 and 11 may help you as well. These are the most crucial that will help you with settings and the general plot, and maybe getting started with planning.
****I’m not a ballistics expert or a medical examiner. In fact, I’m just not a science person in general. I briefly explain what specific fields of science pertain mostly to law enforcement, but it’s up to you to follow up and do more thorough research.
*****How does one use the table of contents efficiently? Use the ctrl+F and type in "Part" with the corresponding number you want. Easy, right?

LAST UPDATED: April 6, 2009 - Parts 1-8; the rest will be updated soon, though I am still actually writing Part 10.5 as we speak.

~Table of Contents~
Part 1: The Who, How, Why ~ A brief introduction to the mystery genre that you can skip over.
Part 2: The Killer and Victim ~ What is in a killer’s psyche? What is the killer/victim relationship?
Part 3: The MO and Motive ~ How does the killer kill? Why does he choose the victims he does?
Part 4: The Investigator and Crime Scene ~ What will the investigator see at the crime scene? Is a red herring a delicious fish?
Part 5: The Homicide Police of America ~ A brief explanation of protocol.
Part 6: The FBI ~ A brief explanation of protocol.
Part 7: Scientific Investigation ~ A very brief explanation of the sciences involved.
Part 8: Criminal Court Proceedings ~ A slightly more in-depth explanation of the criminal trial.
Part 9: Writing Tips ~ Nishin gives her opinion on the writing aspect of the mystery genre.
Part 10: Other Crimes and Statistics ~ What other crimes are associated with homicide? Nishin also threw in some statistics!
Part 10.5: Rape ~ A crime special enough and commonly associated with murder that it must have its own section.
Part 11: A Synopsis of this Guide and Credits
Part 11.5: Suggested Reading, Viewing, etc.


PART 1
~The Who, How, Why, and You~


A. The Three Big Questions
Every murder mystery will focus solely on three questions: Who, How, and Why. However, any given murder mystery will focus more on one than the other two. There are three main classifications of murder mysteries. Your story will fall into and focus on at least one category. All categories are fairly self-explanatory.

Who-dun-it? This type of crime fiction emphasizes the search of who. The motive may be simplistic (such as money or revenge). Agatha Christie wrote this type most frequently.
Why-dun-it? This is the type of crime fiction which emphasizes the motive. The entire investigation’s center is the motive and the profile of victims. The motive is most often psychological.
How-catch-em? This emphasizes the method in which the killer is caught.

B. The Tenets of Mystery and the Golden Age of Detective Fiction
The actual mystery genre can also extend to spy novels, such as James Bond. These are your main sub-categories of mystery:
-Detective fiction: Detective fiction is a branch of crime fiction in which a detective (or detectives), either professional or amateur, investigate a crime, usually murder. Detective fiction is the most popular form of both mystery fiction and hardboiled crime fiction.
-The police procedural: attempts to convincingly depict the activities of a police force as they investigate crimes. While traditional detective novels usually concentrate on one single crime, police procedurals frequently depict investigations into several unrelated crimes in a single story. In police procedurals, the perpetrator's identity is often known to the reader from the outset. Police procedurals depict a number of police-related topics such as forensics, autopsies, the gathering of evidence, the use of search warrants and interrogation.
-The criminal novel: told from the perspective of a criminal.
-The legal thriller: the major characters are lawyers and their employees. The system of justice itself is always a major part of these works, at times almost functioning as one of the characters. In this way, the legal system provides the framework for the legal thriller much as the system of modern police work does for the police procedural.
-The caper story: involves one or more crimes (especially thefts, swindles, or occasionally kidnappings) perpetrated by the main characters in full view of the reader. The actions of police or detectives attempting to prevent or solve the crimes may also be chronicled, but are not the main focus of the story. The caper story is distinguished from the straight crime story by elements of humor, adventure, or unusual cleverness or audacity.

The Golden Age of Detective Fiction: Certain conventions and clichés were established that limited any surprises on the part of the reader to the details of the plot and, primarily, to the identity of the murderer. The majority of novels of that era were "whodunits." Many authors misled their readers successfully in revealing the least likely suspect was the villain. There was also a fondness for certain casts of characters and certain settings, with the secluded English country house and its upper-class inhabitants being very common. While this often does not apply to today’s mystery story, there are certain tenets of this literary movement that can help your story.

Ronald Knox thought that a mystery story "must have as its main interest the unraveling of a mystery; a mystery whose elements are clearly presented to the reader at an early stage in the proceedings, and whose nature is such as to arouse curiosity, a curiosity which is gratified at the end."
~The criminal must be mentioned in the early part of the story, but must not be anyone whose thoughts the reader has been allowed to know.
~All supernatural or preternatural agencies are ruled out as a matter of course.
~No more than one secret room or passage is allowable.
~No hitherto undiscovered poisons may be used, nor any appliance which will need a long scientific explanation at the end.
~No Chinaman must figure in the story.
~No accident must ever help the detective, nor must he ever have an unaccountable intuition which proves to be right.
~The detective himself must not commit the crime.
~The detective is bound to declare any clues which he may discover.
~The stupid friend of the detective, the Watson, must not conceal from the reader any thoughts which pass through his mind: his intelligence must be slightly, but very slightly, below that of the average reader.
~Twin brothers, and doubles generally, must not appear unless we have been duly prepared for them.






User Comments: [19] [add]
Special Agent Nishin
commentCommented on: Mon Aug 18, 2008 @ 12:12am
PART 2
~The Killer, the Victim, and You~


A. The Killer’s Developmental Years (Childhood to Adulthood)
Please note that this section applies to pattern serial killers, not the people who kill once for revenge or hold up a bank solely for money. While the two mentioned examples arguably can have psychological connections, they almost never are portrayed as such and, if that is the case, are not examples psychological motivation. Basically, your motive for your killer is all about portrayal.

There are many things in a killer’s life (past, usually) that creates his homicidal urges.
Compulsive Masturbation (82% of killers)
Isolation (71%)
Chronic Lying (71%)
Enuresis (bed wetting) (68%)
Rebelliousness (67%)
Destroying Property/Destroying Possessions (58%/28%)
Fire Setting (56%)
Stealing (56%)
Cruelty to Children (54%)
Temper Tantrums (48%)
Assaultive to Adults (38%)
Running Away (36%)
Cruelty to Animals (36%)
Eating Problems (27%)
Self-mutilation (19%)
(These are JUST a few.)

Typical Personality traits of a serial killer …
-White male between 25 and 35 years old.
-Can be of high income or low income.
-Average to high intelligence.
-Usually married with children and has a career.

B. The Victims
How are victims selected?
Serial killers enjoy extending the suffering of their victims. They get a lot of power by determining whether their victim will live or die. They may torture their victim for several days to obtain as much pleasure as possible. Most victims are chosen at random, just being in the wrong place at the wrong time. Some serial killers have a preference for their victims, choosing to eliminate a certain group of people (prostitutes, young women, children, etc.).

Unlike mass murderers, serial killers select the victim. The killer will fantasize about the murder until the fantasy is no longer enough to bring about pleasure, and he must commit the crime. The serial killer will survey the location, and take every precaution to not get caught. Then they seek out the victim and murder them.

Most psychologically motivated killers select victims based on their fantasies and the vulnerability of the potential victims. Whether you’re a high- or low-risk victim, you could still be in the wrong place at the wrong time and, thus, make yourself a victim of opportunity. The criminal may spend days and nights observing various people to find the one who most fits his fantasy. Any other victim would just "not be right."
HIGH-RISK VICTIMS: people frequently in high-risk situations. These people tend to work at night, interact with strangers on a regular basis, willingly get into cars with strangers, and are just easy targets. Drug use, a promiscuous lifestyle, nighttime employment, and associating with people of criminal personalities also fall under this category.
LOW-RISK VICTIMS: those who stay close to work and home, don’t visit unfamiliar areas, have a steady job and many friends, don’t use drugs, and lock their doors at night.

Geographic Profiling: Everyone has a "comfort zone" when it comes to math, English, history, and science. Likewise, serial killers do as well, only theirs is a geographic area. Determining this area depends on where the victim was abducted, where the murder took place, and where the body was dumped.
It is very helpful for investigators to know which victim died first. Typically, prostitutes are the hardest to determine. Please take note that the order in which bodies are found is not the order in which they have died. More often than not, a forensic anthropologist will be called in to help.

C. Organization and Disorganization
There are TWO types of killers:
-Disorganized killers usually are like this:
Below-average intelligence
Socially inadequate
Unskilled work preferred
Sexually incompetent
Low birth order status
Father's work unstable
Harsh discipline as a child
Anxious mood during crime
Minimal use of alcohol
Minimal situational stress
Living alone
Lives or works near crime scene
Minimal interest in news media
Significant behavior change

-Organized killers are, obviously, quite the opposite:
Average to above-average intelligence
Socially competent
Skilled work preferred
Sexually competent
High birth order status
Father's work stable
Inconsistent childhood discipline
Controlled mood during crime
Use of alcohol with crime
Precipitating situational stress
Living with partner
Living alone
Mobility with car in good condition
Follows crime in news media
May change job or leave town

D. Nishin’s Advice
Spencer Reid (Criminal Minds) remembers his father telling him that the Reid family is "not a statistic." Will ALL killers have pasts like these? Sometimes no. Please, keep that in mind. There are many things in a killer’s past to consider, especially if the motive is psychological. Don’t go abuse-happy with the things that create a killer. MODERATION is the key.

Criminal Minds is a wonderful show to watch for all of your psychopathic, pathological killers. If you want, I suggest reading James Patterson‘s Along Came a Spider and Cat & Mouse. ACAS starts Soneji‘s story, and C&M ends his story. Kiss the Girls, Roses are Red, and Violets are Blue contain my favorite antagonist who may as well be his own classification of antagonist.


commentCommented on: Mon Aug 18, 2008 @ 12:13am
PART 3
~The M.O., Motive, and You~


A. The Composition of a Crime
Every crime is also composed of an act (the actual commission of a crime) and intent (the reason behind a crime). However, intent and state of mind are two different things. A state of mind is what the person actually thinks while committing a crime.

B. The Actual How
The modus operandi (M.O.) is how your murderer kills. The M.O., along with the motive, may be the most important element of a murder. For example: Bob, the killer, poisons his wife with strychnine. He then goes on to kill his mistress with strychnine. The use of strychnine is the M.O.

There are a billion (hyperbole, maybe) ways to kill someone. These are just a few, more common types of M.O. There are a few examples, too, from the top of my head. (I suggest doing more research.)
~Guns (to name a few: Glocks, AK-47’s, M16’s)
~Knives
~Cars (tampering with breaks, the engine, car bomb, etc.)
~Bombings (most notably: C4. Bombs can be wired to cell phones.)
~Poisons (to name a few: strychnine, cyanide, arsenic, chloroform, chloral hydrate, ammonia)
~Gassing (to name a few: carbon monoxide/dioxide, ammonia gas)
I prefer to not use a sword/katana. I know, it’s tempting. However, realistically, not many people have them to begin with. And even if they do, then it’d be hard to conceal in terms of carrying it to the future crime scene and ditching it. If a witness happens to see a sword, that witness will quite possibly remember it. Guns and knives, even poisons, are much more convenient, practical, and realistic.

The M.O. can either change or stay constant. You would hear it on crime shows that feature profilers. More often than not, the M.O. does change over time.

What doesn’t change is the signature. The signature of a crime is the essential part of the crime which the criminal must include in order for him to be satisfied and thus is present in every crime committed by him. A signature fulfills the criminal.

C. Classifications of Motives
The psychological motive has FOUR classifications.
-The Visionary Killer - This type is considered insane or psychotic. They often hear voices in their head telling them to commit the crime. They may also see visions.
-The Mission-Oriented Killer - This type displays no psychosis to the outside world, while on the inside the killer has a need to rid the outside world of what he considers immoral or unworthy. This type of killer will select a certain group of individuals to kill (prostitutes, young women, gay men, etc.)
-The Thrill-Oriented Killer - This type is in it for the fun. This killer gets a high from killing. He is very sadistic and kills for excitement.
-The Lust Killer - This type is a sexual killer, and kills for the pure turn-on. The amount of pleasure the killer derives depends on how much they torture their victim. The more heinous the torture, the more aroused they become. This type is in touch with reality.

Simplistic killings: these are pretty much self-explanatory and are often portrayed as shallow motives throughout various forms of fiction. These are motives that aren’t too psychological (but can be). The simplistic killers will stop once their goal (a realistic goal) is complete. The simplistic killer does not become addicted to killing for any reason.

For example, say a man catches his wife cheating on him. He kills the man his wife cheated with and then his wife. After those two, he’s relieved and kills no more. But if he kills more for some twisted reason (because he’s tasted blood, doesn’t want anyone else to suffer the same pain, etc.), you’re crossing into psychological motives.

Killing is like a drug. The first time one does it for psychological reasons (not revenge or personal killings), that is the all-time high. Any subsequent killing is to imitate the very first time, and they never realize that one high can never be replicated. That is the difference between the “psychologically motivated killer” and the “simplistic killings.”

D. Nishin’s Advice
Choose an M.O. while considering your killer’s (possible) motive(s); the motive dictates the M.O. more often than not, and the past dictates the motive. If your killer projects all of his anger onto his victims that remind him of his ex-wife who cheated on him, the way those victims die should match the anger. If your killer is of the simplistic category, he may just stab her in the heart and frame someone else or, at the very least, cover it up.



Special Agent Nishin
Special Agent Nishin
commentCommented on: Mon Aug 18, 2008 @ 12:14am
PART 4
~The Investigator, Crime Scene, and You~


A. The Investigator
Your main character may most likely be the investigator. If not, read this anyway. For the purposes of this guide, I’ll use a male detective and killer.

Depending on who he works for (police force, FBI, Scotland Yard, Interpol, etc.), the detective will be called to the crime scene--whether he’d be pulled off duty or not. If he works for the FBI, most likely, your killer crossed state lines and/or is called in by a police force to consult. (More details on this come later, so don’t fret.)

Keep realism in mind, and remember that your character has limitations. Especially if your murder story is told in first person, your character will realistically NOT notice ALL of the details at first or until the last minute. If someone else (say, the guy who photographed it) brings the photos to the detective, then that’s probably the most plausible way the detective will see ALL details. (Even then, he might not.) Even if he sees everything, he may not be able to understand what it all means.

B. The Details of the Crime Scene and Their Limits
Describe what’s necessary. Go into gory details, especially if the situation calls for it. Includes: shattered glass/windows/dishes, blood stains/splatters, anything that someone considers misplaced, naked body, ripped clothes, and a victim with bruises, cuts, slits, etc.

Did you ever hear this saying before? "If there’s a gun on the mantel in Act 1, it had better be fired by the end of Act 2." (Something like that.) The key pieces of evidence should have a more important function than the color of the walls.

The devil is in the details. Learn from this phrase, remember it, and cherish it for ever.

-Basically, your investigator must ask him/herself these questions:
~What fantasy or plan, or both, did the murderer have in place before the act? What triggered the murderer to act some days and not others?
~What type of victim or victims did the murderer select? What was the method and manner of murder: shooting, stabbing, strangulation or something else?
~Did the murder and body disposal take place all at one scene, or multiple scenes?
~Is the murderer trying to inject himself into the investigation by reacting to media reports or contacting investigators?
These are questions that profilers working for the FBI (which is later covered) ask themselves to establish the classification of crime scenes which lead to a profile of the killer.

C. The Classifications of Crime Scenes
There are FOUR different classifications of crime scenes.
-Organized Crime Scenes
The killer shows planning, premeditation and an effort to avoid detection. The individual is well aware of what he is doing and makes every effort to avoid leaving incriminating evidence police could use to catch him.
1. Planned offense
2. Transports body
3. Body hidden
4. Controlled conversation
5. Demands submissive victim
6. Missing weapon or evidence
7. Victim is a targeted stranger
8. Personalizes victim
9. Crime scene reflects control
10. Restraints used
11. Aggressive acts done before death

-Disorganized Crime Scenes
Spontaneous actions and frenzied assaults. Victim selected at random and crime scene is usually where the encounter took place. The offender uses materials at hand. Hurried or blitz-style attack, and crime scene is disarrayed.
1. Body left at death scene
2. Spontaneous offense
3. Evidence or weapon present at scene
4. Victim or location known
5. Body left in view
6. Depersonalizes victim
7. Sexual acts after death
8. Minimal conversation
9. Minimal use of restraints
10. Crime scene sloppy
11. Sudden violence to victim

-Mixed Crime Scene
Shows characteristics from both the organized and disorganized crime scenes. Could indicate the presence of two offenders, or that the offender planned the crime and was interrupted during the act. Also, the offender may have staged the scene.

-Atypical Crime Scene
Crime scene that can't be classified by the data available. Decomposed remains fall under this type. The police or profilers may have to take other things into consideration when faced with this crime scene. They may look into crime databases to see if anything at the scene matches other previous crime scenes.

D. Red Herrings
What is a "red herring"? A red herring is something that the killer leaves to confused the authorities. In Agatha Christie’s And Then There Were None, not ONLY does she put a play on words, but she LITERALLY uses a red herring in the M.O. (Check that out if you have the time. WONDERFUL use of the red herring--a play on words and a literal meaning.)

A red herring will, more often than not, lead to nothing significant. A red herring can be an object, which will lead to another person. For example, the killer could leave someone’s hair at the crime scene. The forensics will, therefore, pick it up and go through procedures. Then they’d go and get a warrant to hold the framed person.

Another example of the use of red herrings would be in Sherlock Holmes: A Study in Scarlet. Holmes finds the German word "Rache" (meaning "revenge") on the wall written in blood. The Scotland Yarders believe it points to a woman named Rachel; obviously, Holmes thinks otherwise because he seems to have some knowledge of European linguistics.

E. Nishin’s Advice
Detective skills improve with experience, not age or time. Being on the homicide investigation job can heighten one’s sense of observation--after many, many, many years. (He/She may be Watson at best.) Even the most experienced detective will have to stare at the same photograph for hours at a time.

Go with [insert your religious god here] and write your crime scenes based on your M.O. and motive. If you fired a shot and missed, there should be a bullet hole in the wall or something. However, the crime scene isn’t always visual. It could have the smell of decaying flesh, the smell of gas, etc. For visuals, CSI and Bones may be your best references (because I doubt a book or TV program can replicate smells).

I also suggest obtaining a copy of Brian Lane’s Encyclopedia of Forensic Science and DP Lyle, M.D.’s Forensics: A Guide for Writers. Believe it or not, TV isn’t always accurate. These are the two best references for aiding you in writing the crime scene.

Red herrings aren’t bad, of course, but don’t beat the crap out of your readers with them. In fact, it’s better if you don’t use any at all. But if you must, I suggest reading Agatha Christie‘s And Then There Were None for creative ways of using a red herring. Murder on the Orient Express also has a decent red herring. However, an even better red herring is in Mickey Spillane’s I, The Jury. It’s when Mike Hammer and Charlotte Manning are in the park (trying not to spoil anything).


commentCommented on: Mon Aug 18, 2008 @ 12:16am
PART 5
~The Local Police and You~


A. The Organization of the Police
The local police handles state crimes, such as murders, rapes, and theft, on a local level--not a federal level. They can go to the FBI for consultant work or gives a case to the feds because it’s suddenly federal. The police’s cases go to the STATE district attorney for trial.

All investigative branches (police, FBI, etc.) have the same investigative procedures. They investigate, close off the crime scene to civilians (except for the district attorney if he/she is present), collect evidence, take pictures, send the body to the city/town morgue, get an autopsy, and tries to find the bad guy. That’s it in a nutshell, but the case sometimes goes cold. (Like Cold Case, only a lot of cases won’t be reopened. Politics amongst the police can be frustrating, tricky, and paramount.) A bit more detailed:

After patrol officers have conducted preliminary investigations, detectives who work in plain clothes, further investigate serious crimes. Most detectives are assigned to the criminal investigations division after several years on patrol duty. In large departments, detectives are organized into specialized units, such as homicide, robbery, and narcotics. Contrary to popular belief, many cases solved by detectives are based on arrests made by patrol officers, or on leads supplied by officers or victims as a result of preliminary investigations.

In some cities, usually the major ones, police forces have specialized units for:
-bomb crises
-hostage situations
-tactical units for riot suppression
Just to name a few. The division of any given police department is entirely dependant on crime statistics of that town or city.

Police Ranks:
-Officer
-Corporal
-Inspector
-Sergeant
-Lieutenant
-Captain
-Deputy Chief of Police
-Chief of Police

B. The Legalities of Searches
Police need probable cause for a search warrant. Lest we rape the rights of the Constitution. A warrant would be the best choice because probable cause gives foundation and legitimacy for the warrant. Any evidence obtained through the following means is NOT admissible in court:
-extortion
-entrapment
-not Marandizing the suspect when he/she is being taken into custody
-unauthorized wire-taping
-torture
-coercion after the suspect was Marandized
-ANY violation of Constitutional rights

Contrary to the popular belief, psychological profiles as seen in Criminal Minds do not get investigators their warrants. Psychological profiles narrow down the suspects and lead investigators to a probable person. These profiles are generalized and is not considered concrete evidence against a suspect; therefore, more probable cause is needed to point towards a specific person. The only acceptable profile that guarantees a search warrant is a universal profile for drug couriers because drug couriers universally act a certain way.

A consensual encounter is when an officer informally talks with an individual. In this instance, an officer does not need any suspicion to ask the individual; this usually is based on a hunch. That individual is free to leave anytime.

When the officer stops the individual (a brief period of questioning with no charges being made), the individual is not free to leave anytime until the officer says so. The individual is believed to be involved in a crime taking place or a crime about to take place. This requires reasonable suspicion, which is often based on the officer’s experience, and is more than a hunch and based on facts. The individual may be detained for a reasonable amount of time.

An arrest, an arrest warrant, and a search warrant need probable cause.

It is legal to (for example) take a piece of gum from the trash that your suspect threw out in America because it is "discarded." The same applies to the FBI. A search warrant can only be obtained from a judge if there is probable cause or hearsay information or information from undercover cops. (Hearsay is a different story in the actual trial.) The police can only obtain evidence from a crime scene that is in plain view (that is, not in a closed closet or a shut dresser drawer, etc. and wherever the item specified in the warrant can reasonably be held). A search warrant is NOT needed if:
-consent is given (When applied to property, the one who lives in it must give the consent and not the landlord. When applied to a car, it must be the legal owner of the car.)
-in hot pursuit of a felon
-imminent destruction of evidence
-the need to prevent a felon's escape
-the risk of harm to the police or others
-frisking and the "plain feel" rule (An officer can stop a person who looks suspicious and dangerous to frisk said person. If the officer feels something suspicious such as a weapon, he can have the person turn out his pockets. If weapons, drugs, contraband, etc. are revealed, the officer can arrest the person.)

Other situations when a warrant is not needed include:
-Emergency situations (A bomb threat.)
-Border and Airport Searched (Because it is a choice to leave a state or the country, and public safety is number one.)
-Suspicionless Searches (A DUI checkpoint.)
It makes sense because if there were a real bomb threat, getting a warrant would be counterproductive.

Police do not need a search warrant to search a vehicle they stop on the road or in a non-residential area if they have probable cause to believe it contains contraband or evidence of a crime (such as drunk driving). The police may search the passenger compartment and any open containers inside if that is so. Police do not need a search warrant, or even probable cause, to perform a limited search of a suspect's outer clothing for weapons, if police have a reasonable suspicion to justify the intrusion (the old "stop and frisk" trick).

Think of it this way: no suspicion (consensual encounter) < reasonable suspicion (stop) < reasonable suspicion and the belief the suspect is armed and dangerous (stop and frisk) < probable cause (arrest and search warrants)

Public School searches:
Over the past few years (surprisingly recent), the Supreme Court has given public schools a wide amount of liberty in regards to searches. Private schools are optional, as parents actually pay to send their students there; therefore, the principal/headmaster//whatever can set their own rules in regards to searches and seizures. But public schools are public schools and are owned by the government. I won’t list the actual title of the cases, except for the first one, but I will give the years.
NJ v. TLO (1985): gives school faculty and police the ability to search without a warrant as long as there is reasonable suspicion that evidence will turn up.
(1995): Gives coaches the authority to randomly drug test athletes because students volunteer to participate in these activities.
(2002): Gives coaches and advisors the authority to drug test any member of competitive teams, such as the debate team, and cheerleaders.
(2003): Gives the school the authority to search cars parked on school grounds because parking on school grounds is an optional privilege.
(2004): Locker searches are completely okay without warrants because lockers are considered school property. However, random and suspicionless searches are not allowed.

If your purse is given to the principal and he looks through it to find an ID, any illegal items and substances will be handed over to the police and you will be arrested. This is perfectly legal.

Please note that a drug test equates a search.

C. The Blue Code of Silence
The Blue Code of Silence, also known as the Blue Wall of Silence, is an unwritten code of honor among police officers in which reporting another officer's errors, misconduct, or crimes is regarded as a betrayal.
Studies demonstrate that most police feel that the code is applicable in cases of "illegal brutality or bending of the rules in order to protect colleagues from criminal proceedings," but not to illegal actions with an "acquisitive motive."
Nevertheless, cases demonstrate that blue code culture can sometimes extend to cover-ups of every level of crime, acquisitive or otherwise.

D. Nishin’s Advice
Most likely, your murder will be police jurisdiction. They follow a specific protocol and are bound by the law and Constitution. Especially if you intend to make your mystery into a police procedural, you really need to familiarize yourself with search warrants and how they are obtained.



Special Agent Nishin
Special Agent Nishin
commentCommented on: Mon Aug 18, 2008 @ 12:17am
PART 6
~The Federal Bureau of Investigations and You~


A. The G-Men
The FBI motto: Fidelity, Bravery, Integrity.

The FBI works for the Department of Justice (DOJ) and is the DOJ’s official investigative branch. The FBI handles federal crimes, not state. Thus, their cases go to a FEDERAL district attorney (when it’s murder).

Like police, the FBI must obtain search and arrest warrants the same way. Please refer back to Part 5 if you have not done so and are planning on using the FBI investigator. (But if you want to be technical, The Patriot Act of 2001 makes things different.)

"Field Agent" is a rather ambiguous term in the FBI. It can refer to one who goes out into the world and stops crime, or one who goes out into the world and spies on the Russians (for lack of a better example). All agents, regardless of what unit they work for, are trained in Quantico, Virginia for a period of fifteen weeks before becoming an agent. Teachers and instructors at the FBI National Training Academy are still called Agent, Special Agent, etc. Anyone interested in joining the FBI must be between the ages of twenty-three and thirty-five and have a college degree in at least one of the following fields (though there are more fields that are acceptable): law, accounting, language, or certain science and engineering disciplines. A person may also qualify with a degree in any discipline, plus three years of work experience. A field office is also in Quantico, VA.

If the following cross state borders or a local police force calls them in, it goes to the feds:
-car theft outside of the state limits it originated in
-kidnappings
-the serial murders
-murders on federal property
-bank robberies outside of the city limits it originated in
-drug enforcement cases
-extortion (any obtaining of property by illegal means or oppressive exaction)
-racketeering (someone engaging in extortion)
-counterfeiting is a federal offense no matter what and where
-organized crime/Mafia/mob stuff

B. Kidnapping
Kidnapping is a federal crime if the victim is taken out of the state. The Federal Bureau of Investigation can work on any kidnap case after 24 hours because those hours are the most important. The more of those twenty-four hours you waste, the higher the chance is that the victim will be killed. Under federal law, the maximum punishment for kidnapping is life imprisonment.

The Lindbergh Kidnapping: Bruno Hauptmann supposedly kidnapped and murdered the first child of Charles Lindbergh, the first man to make a nonstop flight from New York to Paris. Although Hauptmann was convicted and sentenced to death, there are still some evidences that say otherwise or raise reasonable doubt. This prompted legislatures to pass the Lindbergh Act, which makes kidnappings a federal crime, as jurisdiction was something that totally screwed up the investigation. For more information, check it out on www.crimelilbrary.com.

C. The Crime-Fighting Branches of the Feds
-The Criminal Justice Information Services (CJIS) Division- located in Clarksburg, West Virginia. It is the youngest division of the FBI only being formed in 1991 and opening in 1995. The complex itself is the length of three football fields. Its purpose is to provide a main repository for information. Under the roof of the CJIS are the programs for the National Crime Information Center (NCIC), Uniform Crime Reporting (UCR), Fingerprint Identification, Integrated Automated Fingerprint Identification System (IAFIS), NCIC 2000, and the National Incident-Based Reporting System (NIBRS). Many state and local agencies use these systems as a source for their own investigations and contribute to the database using secure communications. FBI provides these tools of sophisticated identification and information services to local, state, federal, and international law enforcement agencies.

National Center for the Analysis of Violent Crime (NCAVC)
The NCAVC should be founded at the FBI Academy in Quantico and run by the agents of Behavioral Science Unit.
The mission of the NCAVC is to coordinate investigative and operational support functions, criminological research, and training in order to provide assistance to federal, state, local, and foreign law enforcement agencies investigating unusual or repetitive violent crimes (serial crimes). The NCAVC also provides investigative support through expertise and consultation in non-violent matters such as national security, corruption, and white-collar crime investigations. President Reagan gave it the primary mission of ‘identifying and tracking repeat killers’.
The NCAVC uses the latest advances in computer and investigative strategies to combat serial and violent crime. ViCAP (Violent Criminal Apprehension Program) and PROFILER (a robot, rule-based expert system programmed to profile serial criminals). CIAP (Criminal Investigative Analysis Programme) is another program designed to investigate serial crime.
Today, every division in the FBI is mandated to have an NCAVC coordinator also known as a profiling coordinator. The NCAVC or profiling coordinator acts as a liaison to the local law enforcement agencies. Typical cases for which NCAVC services are requested include child abduction or mysterious disappearance of children, serial murders, single homicides, serial rapes, extortions, threats, kidnappings, product tampering, arsons and bombings, weapons of mass destruction, public corruption, and domestic and international terrorism. The operational services of the NCAVC are supported by research and training programs. Requests for NCAVC services are typically facilitated through NCAVC coordinators assigned to each FBI field office.
The NCAVC is further organized into three components: Behavioral Analysis Unit (BAU)- East/West Regions; Child Abduction Serial Murder Investigative Resources Center (CASMIRC); and Violent Criminal Apprehension Program (VICAP).

In the field offices, you have the Violent Crimes Unit, the Sex Crimes Unit, etc. They all operate in conjunction the NCAVC and two of the five major divisions of the FBI:

-Behavioral Analysis Unit (BAU)- The program areas addressed include Crimes Against Children, Crimes Against Adults, Communicated Threats, Corruption, and Bombing and Arson Investigations. The BAU receives requests for services from Federal, state, local, and international law enforcement agencies. (Note: James Patterson made a slight error in Cat and Mouse. He calls it the Behavioral Science Unit, abbreviated BSU. I personally believe it was to make an FBI joke.)

-Law Enforcement Bulletin Unit (LEBU)- published monthly by the FBI Law Enforcement Communication Unit, with articles of interest to state and local law enforcement personnel. First published in 1932 as Fugitives Wanted by Police, the FBI Law Enforcement Bulletin covers topics including law enforcement technology and issues, such as crime mapping and use of force, as well as recent criminal justice research, and VICAP alerts, on wanted suspects and key cases.
The VICAP (Violent Criminal Apprehension Program, also written as Vi-CAP) is a nationwide computerized system. It is designed to track and correlate information on violent crime, especially murder. The FBI provides the software for the database which is widely used by state and local law enforcement agencies to compile information on:
-solved and unsolved homicides, especially those involving a kidnapping or if they are apparently motiveless, sexual or random or suspected to be part of a series
-missing persons, where foul play is suspected
-unidentified persons, where foul play is suspected
-sexual assault cases
Cases fitting these categories can be entered into the system by law enforcement officials to be compared to other cases in an attempt to correlate and match possible connections. Vi-CAP has been an invaluable tool in solving many cases, including cases decades old and cases in widely separated states. Vi-CAP is particularly valuable in identifying and tracking serial killers, where separate victims might not otherwise be connected as part of the same pattern.
The aforementioned "pattern" that links serial homicides is what is commonly referred to as "signature". VICAP operates under the knowledge that serial homicides are almost always sexually and control driven with a consistent evolving signature present in each murder.
VICAP specifically works by identifying and linking the signature aspects in violent serial crimes.

D. Nishin’s Advice
FBI agents are bound by the same legal limitations the local police are. I find it easiest to get the FBI involved when the police call in for a consult. Numb3rs and Bones are the most popular FBI shows I can think of. James Patterson‘s Mary, Mary is a decent novel for the FBI murder investigation.


commentCommented on: Mon Aug 18, 2008 @ 12:18am
PART 7
~Scientific Investigation and You~


A. The Science of Crime-Fighting
Firearms are identified through microscopic imperfections that are produced inadvertently in gun barrels during manufacture. Subsequent use and wear contribute further to a weapon's individuality. A bullet fired from a pistol or rifle, therefore, has impressed on its surface the individual characteristics of the barrel through which it was fired. Other parts of the gun also possess individual characteristics. The firing pin, breech face, extractor, and ejector come in contact with the cartridge case; hence, cartridge cases may be scarred with distinctive markings that can be identified with a particular gun.
The material products of gunpowder combustion are ejected from the muzzle of a gun in the form of a cone. If the distance between the gun and the object through which the bullet passes is within certain limits, a microscopic or chemical examination of the area surrounding the bullet hole may establish the distance from which the gun was fired at the victim.

Serology in its broad sense is the study of body fluids in relation to sickness and its treatment. In crime detection, serological procedures are applied to the identification of a bloodstain; that is, to determining its human or animal origin and its blood-group classification. Suspects in violent crimes often claim that bloodstains on their clothing, weapons, or automobiles have no connection to the crime. Serological tests on dried bloodstains can ascertain whether the blood in question could have come from the suspect or the victim. Since all living cells contain the genetic material DNA, using chemical analysis investigators can determine if blood or other body fluids found at a crime scene match a genetic profile. Because DNA tests have been in use a relatively short time, their validity in proving conclusively a suspect's guilt has been questioned in many courts. Like tests to determine blood type, however, DNA analysis can be used to exclude the possibility of a person's involvement in a crime.

Toxicology may be defined as the science of poisons. Special methods of analytical chemistry have been developed for use in toxicological examinations. The problem of separating poisons from other materials and of identifying them recurs constantly in a crime laboratory. The specimens ordinarily examined in cases of suspected poisoning are tissue samples from vital organs, blood or urine, food, drink, and the suspected poison itself.

Hairs and Fibers are pretty much self-explanatory. A piece of hair or a few strands of fiber, when compared with known specimens, may prove valuable in solving a case. For example, a fiber found on a cut screen at the scene of a burglary may be associated with a suspect's jacket, or a hair found on a suspected car in a hit-and-run case may help prove that the car struck the victim. An examination of hair may reveal whether it is of human or animal origin. If of human origin, it can be compared with hairs from a particular person's head or body.

Mineralogy is the science of mineralogy is also used in crime detection. The mineralogist studies soil, plaster, cement, brick, concrete, and glass for any evidence. Mineral analyses have shown that differences may be detected in soil composition. Soil and dust found on a suspect's clothing and determined to be comparable to that at the crime scene help to prove the person's presence in that locality.

Metallurgical examinations make it possible to identify the source of an item—whether made of metal, plastic, ceramic, or other material—found at a crime scene, and further, to determine if two similar items were fractured from each other, the nature of the force causing the fracture, the direction from which the force came, and the time when the fragments became separated. Metallurgical examinations can also determine how a metal item was manufactured, and whether items found in different locations were made at the same time and by the same manufacturer. Such identification helps trace the evidence to its owner. The metallurgist can also restore obliterated or altered numbers on objects of any material.

Document examination consists largely of comparing questioned handwriting with known handwriting to determine the writer's identity; it also includes the examination of hand printing, forgeries, typewriting, inks, paper, indented and eradicated writing, rubber-stamp impressions, charred paper, and related items. No two people write exactly alike; the writing process is so complex that personal peculiarities always persist in the handwriting of any given individual. Detailed examination reveals these hidden characteristics, which can then form the basis for an expert's opinion

Fingerprints are special. Not a single person has the exact same fingerprint; not even twins fingerprints are alike. There is no way to alter a fingerprint permanently. (You could use a certain acid to do so, but the print will grow back.)

The partnership between science and crime detection has been strengthened by the infusion of new technological developments, although major responsibility for solving crimes continues to rest with traditional methods of inquiry.

B. Nishin’s Advice
Your investigator isn’t a one-man crime fighting machine; there are experts and medical examiners for these things. Bodily fluids, hairs, documents--anything and everything worthy of suspicion will be used as evidence and examined scientifically.

It is very highly recommended that you do more research into these fields--even if you have no intention of showing the actual process. It takes time to do these tests, and this could give the killer time to do whatever while the investigator waits; CSI isn’t accurate in terms of time.



Special Agent Nishin
Special Agent Nishin
commentCommented on: Mon Aug 18, 2008 @ 12:18am
PART 8
~The Legal System and You~


A. An Introduction to American Criminal Law
What is law? Law is a system of rules set forth by and enforced by the government to govern the way people act. Without laws, there would be anarchy.

65% of American lawyers are employed by a private practice.
15% of American lawyers are employed by the government.
15% of American lawyers are corporate.
5% of American lawyers are some other form of lawyers.
Criminal law deals with some of the 15% for the government and some of the 65% for private practices. In civil law (the regulation of individuals with other individuals), one must prove a case by preponderance of evidence. In criminal law, you must prove a case beyond all reasonable doubt. The difference is that civil lawsuits require a majority; criminal prosecution requires a unanimous verdict. In a criminal case, the burden of proof is on the prosecution (meaning they must prove their case, not the defendant).

Did you know? A litigator is a lawyer, but a lawyer is not a litigator. A litigator is a lawyer who is constantly in court. A lawyer always does deskwork. Most don’t use the correct term, and it has become accepted that a lawyer can also be a litigator (despite the definition).

B. The Constitution and Civil Rights Regarding Arrests
Constitutional Amendments that pertain to criminal justice proceedings:
-The Fourth Amendment: protects against unreasonable searches and seizures.
-The Fifth Amendment: right to a grand jury indictment, private property cannot be taken as a fine, cannot testify against oneself, no double jeopardy
-The Sixth Amendment: *right to a speedy and public trial, jury of impartial peers, right to confront accusers
-The Eighth Amendment: **no excessive bails or punishments
*This means that the time between the arrest and the arraignment are short. We all know that some trials can drag on for years.
**Capital punishment, which is decided by the jury, is the only exception. The death penalty is present in certain states for Constitutional and moral reasons.

Miranda Rights: You have a right to remain silent. Anything you say can and will be used against you in the court of law. You have a right to an attorney. If you cannot afford one, one will be appointed to you.
Miranda Rights apply and only apply to interrogations. Even if an officer is being casual about it (i.e., "That was a pretty stupid thing of you to do."), if the suspect talks without his rights being read, his answers are inadmissible in court. However, if an officer says nothing to initiate the conversation (using the example), whatever the suspect says is admissible.

C. The Steps of a Trial
Amateurs seem to not be able to grasp this concept (and I’ll say it again because repetition is the key). The time between the arrest and the arraignment is short. The time between the arraignment and the trial can take months to a year. The trial itself can take weeks to months. I will give you the basic run-down of the criminal court proceedings by starting with the very first step after the arrest, though watching Law & Order wouldn‘t hurt. Please note that each state and country have different criminal laws.

-Booking and Initial Appearance: Booking is the formal process of making a police record of an arrest. This is where the accused gives names, address, date of birth, place of work, and information about prior arrests.

The initial appearance is when the judge explains to the accused his rights and advises him of the legal nature of the crime. An attorney is either appointed or obtained, and the judge may set bail. In misdemeanor cases (a crime that merits less than one year of jail time), a plea is entered at this stage. In felony cases (a crime that merits more than one year of jail time), a plea is entered at the arraignment. In either case, if the defendant pleads guilty, go straight to sentencing. The defense does NOT enter any pleas or requests for anything at this time.

-Bail Hearing: Bail is a specified amount of money put up by the defendant to ensure they will return for trial. It is a Constitutional right, except in murder cases.

-The Probable Cause Hearing: A short hearing to discover whether or not the prosecution has a case. The prosecution is required to establish that a crime has probably been committed and that the defendant probably did it. At a PC hearing, it if optional for the defense to cross-examine the witness. These preliminary hearings are held for felonies. If the judge finds no probable cause for either the crime to be committed or that the defendant committed the crime, the case can be dismissed. However, the prosecution can continue to the next step if he feels his case is strong enough.

-The Grand Jury: The grand jury is a group of fifteen to twenty-three people that listen to the prosecution’s evidence and decide if they will issue an indictment (a court order forcing someone to stand trial). No indictment means the defendant is free; unlike the PC hearing, the prosecution cannot proceed if the grand jury does not believe there is a case. The defendant and his/her attorney are not present for this.

-The Arraignment: This is when the plea is entered in a felony case. The trial date is also set. If the defendant pleads not guilty, the judge sets the trial date and gives the defendant the option of a bench trial. If the defendant pleads guilty, skip a few steps and go right to Sentencing.

Ninety percent of all cases never make it to the actual trial because most are settled through plea bargains.

-Jury Selection/Voir Dire: Each attorney gets a chance to ask potential jurors questions that will decide whether or not they will be a juror for that court proceeding. Opposing counsel can object, and the judge will then decide if that potential juror is adequate.
In some countries, and sometimes in America, voir dire has another meaning. It’s also a short hearing in the middle of a trial used to explore the admissibility of new evidence and/or the competence of a juror. In America, it mainly applies to jury selection.

During jury selection, both the prosecution and the defense have a set number of challenges (or motions to remove a particular person from the potential jury); this number depends on the state. There are two types of challenges:
Peremptory - removal with having to state a reason based on answers to a question; this tends to be a person’s obvious prejudice, family background, etc.
Without Cause - removal without having to state a reason; this could be a person’s race or gender (or something like that which has no real legit reason to the court).

-Pretrial Motions: Arguments are heard to decide which evidence should be kept out and which people cannot testify. Sometimes, the defense will argue to just dismiss this case (if there is evidence to support this).

-Opening Statements: This is when each side gets up and tells the jury what they’re going to establish in that court proceeding. Each side may only offer evidence and testimony that proves their opening statement. Sometimes, a judge will allow the defense to switch pleas (example: temporary insanity to insanity) in the middle of a trial based on new evidence. There are no objections.

-The Trial: The prosecution is up first and calls their witnesses to the stand. The defense can cross-examine the witness, but the prosecution has the rebuttal option. Redirect simply allows the prosecution to attempt to refute whatever damage was done by the defense. Then the defense calls their witnesses, the prosecution cross-examines, and the defense has the rebuttal option.

-Closing Arguments: This is when each side reinforces what they have proven. In order for the prosecution to win, they must prove beyond a reasonable doubt that the defendant was the killer. The defense must create reasonable doubt. After the defense makings their closing statements, only the prosecution has the option of rebuttal.

-The Verdict: This is when the jury has reached a verdict to decide the fate of the defendant. The jury foreperson (or madam foreperson if it’s a female) stands up and announces the verdict. The judge then sets a sentence if the defendant is found guilty. If the defendant is found innocent, then he/she is free to go. After the verdict is read, the judge "dismisses the jury with the thanks of the court."

-Sentencing: Sentencing is when the judge decides the punishment for the guilty person. The jury just decides guilty or not guilty. Capital punishment is the only sentence decided by the jury, which must be a unanimous decision.

D. This Applies Only if the Defendant is Convicted
-Appeal: Appeal is the transfer of a legal action to a higher, or superior, court for review. Only the defense may appeal. The court may review the decision of a lower, or inferior, court; a government board; or the officer of an administrative hearing.

The appellant (person who appeals) seeks to have the decision of the board, officer, or lower court reversed or modified. Usually, a dissatisfied party to a suit must file a notice of appeal with the court within a specified time and show a reason why the appeal should be granted. The discovery of new evidence or of an error in the trial or hearing are reasons often given for seeking an appeal. But there is an absolute right of appeal in most criminal cases. Many states also provide for an automatic appeal in criminal cases where a death sentence has been imposed.

Federal judges preside over circuits, which are just geographical areas. Each circuit has one court of appeals. The circuits are numbered 1 through 11. A twelfth, unnumbered circuit covers only the District of Columbia. The First Circuit includes Puerto Rico, the Third includes the Virgin Islands, and the Ninth includes Alaska and Hawaii. The judges of the First, Third, and Ninth Circuits travel to these places to hear cases.

Only three judges ordinarily sit to decide each case, though more than three judges are assigned to each circuit. A justice of the Supreme Court is assigned to each circuit as the Circuit Justice. The chief judge has a position on the court of appeals like that of the chief justice of the Supreme Court. The chief judge assigns tasks to the other judges.

~In state-level trials, this is the sequence. The municipal/county court appeals to the intermediate court of appeals, then to the State Supreme Court (the highest court in a state).

~In federal-level trials, this is the sequence. The US District court appeals to the US Circuit Court of Appeals.

But whether or not you have a state-level or federal-level trial being appealed, they can still go to the US Supreme Court if a lesser court of appeals will not overturn a conviction.

The United States Supreme Court: This is the highest court in the land of America. Article VI of the United States Constitution sets any federal law superior to state laws (meaning a state can’t pass a law that violates a federal law). 8,000 cases are appealed to the Supreme Court per year but only 150 cases appear on their docket. All nine justices must agree to hear a case. The Supreme Court is nothing but legal argument (in a criminal trial). Testimony, evidence, etc. are not heard. Each lawyer had thirty minutes to present his/her case. The only people allowed to interrupt the lawyers are the justices who will ask of precedents, other cases, and Constitutional issues. A lawyer must be prepared if he wants to win. The justices sit in a specific order: the chief in the middle and the ones with the most seniority sit closest to the chief justice.

The Supreme Court’s rulings are formally called "opinions." They must explain their rationale. Most decisions are made 9 to 0, the minimum being 6 to 3. There are three types of opinions:
-Majority: All agree on the outcome and reason (very common).
-Concurring: Agree on the outcome but not the reason.
-Dissenting: They don’t agree at all (very rare).

There are only three ways a Supreme Court decisions can be overturned:
1. Congress passes a law that overturns it.
2. An amendment is added to the Constitution that overturns it.
3. The Supreme Court makes a later decision that overturns it.

Please note that, by choosing to represent yourself (pro se), you are not subjected to being put on the witness stand. However, if you mention in your opening statement something that can be explored only through your testimony, the right to not testify is negated, The defense attorney can advise his client to not testify, but it is inevitably up to the client to decide if he wants to testify or not. A defendant can also waive his rights to a trial by jury and receive a bench trial (the judge acts as the jury).

E. The Many Defenses
-Guilty.
-Not guilty…
-By reason of insanity. (The defense must prove that an everlasting mental defect/problem the defendant has influenced the defendant’s reason to kill.)
-By reason of temporary insanity. (The defense must prove that, for that brief moment, the defendant had no control of his/her senses.)
-By reason of necessity. (The defense must prove that the defendant had to do it--that killing the victim was necessary.)
-No Contest. (This is effectively a plea of guilty. However, pleading no contest allows you to not be sued in a civil lawsuit for the person’s criminal actions.)

F. Legal Terms
Legal Dictionaries:
The Best Link I Could Find
Amy Hackney Blackwell’s The Essential Law Dictionary

-Terms often used:
Aid and Abet - to knowingly help someone commit a crime.

Bail - money or other security given temporarily to the court to allow a prisoner to be released before the trial to ensure that he/she will return for the trial. If the prisoner does not return, he/she forfeits bail.

Bail Bonds - a contract between a prisoner, the state, and a third party known as a bail bondsman. The bail bondsman agrees to furnish bail for the prisoner in return for a fee and takes the risk that the prisoner will not return for the trial.

Bench - where the judge sits.

Burden of Proof - the state in a criminal trial has the burden of proof which means they are required to prove their case beyond all reasonable doubt.

Continuance - postponement of a trial.

Circumstantial Evidence - evidence that cannot be proven beyond all reasonable doubt.

Double Jeopardy - a second trial for an offense after the defendant has already been tried and acquitted for said offense.

Exclusionary rule - a rule that evidence founded during an illegal search and seizure cannot be used in a trial.

Exculpatory Evidence - evidence that helps clear a defendant of guilt.

Ex Parte - a meeting when only one side (prosecution or defense) is present with the judge and the other is not represented.

Foundation - a form of "objection". Foundation asks how someone arrived at a conclusion.

Fruit of the Poisonous Tree - the principle that evidence obtained through an illegal search and seizure or illegal interrogation of a witness is tainted. Therefore, it is inadmissible because such evidence would not guarantee the right of due process.

Habeas Corpus - a writ that institutes a court proceeding to determine whether a criminal defendant has been lawfully imprisoned, or to test the constitutionality of a conviction.

Habitual offender - a "repeat offender," or one who consistently commits crime.

Hearsay - second-hand information one heard from someone else. Usually inadmissible, but a "dying declaration" sometimes is. (If the person says something before he/she dies, and the person dying knows he/she will die, what someone else hears is admissible.)

Hostile Witness - an obviously antagonistic witness who opens him/herself to cross-examination by the party who called him/her.

Hung Jury - a jury that cannot agree on a verdict.

Immunity - an exemption from prosecution.

Leading - a form of "objection"; when a question is asked to the witness, the witness answers the way the lawyer wants him to.

McNaghten Rule - an offshoot of the insanity defense, this establishes the legitimacy of a defendant not being able to distinguish right from wrong.

Mistrial - a trial terminated before a judgment is reached due to circumstances such as a hung jury, lack of jurisdiction, or another fundamental problem.

Parole - the release of a convict from prison before his sentence ends on the condition that the prisoner follows certain rules and commits no more crime. A parole hearing is held, and prison guards/employees tend to speak for or against the potential parolee.

Perjury - lying under oath.

Probable Cause - reasonable belief that evidence is more true than not.

Pro Se - to represent oneself.

Pro Socio - to be represented by an attorney.

Rape - when someone has sex with another without consent.

Reasonable Doubt - enough uncertainty based on evidence or a lack of evidence that any reasonable and logical person would hesitate to find the defendant guilty.

Released on his/her own recognizance - to be released without bail.

Relevance - a form of "objection"; one side basically questions how something said is relevant.

Statutory Rape - sex with someone below the legal age of consent. The legal age depends on the state. Even if the person younger than the age of consent says okay, it is still statutory rape.

Transcript - an official document of the dialogue of a trial.

Waive - to give up.

Without Prejudice (As in, "this case will be dismissed without prejudice.") - for a case to be dismissed but able to be retried again, usually when more evidence is found. To be dismissed "with prejudice" would be the opposite of "without prejudice."


G. Nishin’s Advice
Ah, I love the trial aspect of criminal justice. I could go on and on about this, but I won’t because chances are great you have no intention of showing a trial. Two words: John Grisham. (But if you must, then replace John Grisham with Harper Lee.)

Synopsis: Booking and Initial Appearance, Bail Hearing, Probable Cause Hearing, Grand Jury Indictment, Arraignment, Voir Dire, Opening Statements, the Trial, Closing Statements, Sentencing, and Appeal.

John Grisham tends to never give actual dialogue for minor testimony, only to that which is important. I give the dialogue for them all. There is no right or wrong way, but what makes the difference is how you write it.

Writing a criminal trial can become weary, even a pain in the a**. I suggest you watch Shark, Law and Order, Law and Order: Criminal Intent, and The Practice. Boston Legal has quite a few criminal proceedings, and they have a comical spin to them. Harper Lee’s To Kill a Mockingbird isn’t a bad resource, either; it just might no fit a modern-day murder. John Grisham’s A Time to Kill has the best criminal trial voir dire and is much more current.

I don’t recall the book version of A Time to Kill to actually show the voir dire, but the movie did (and the movie was just as good as the book). Voir dire is an area of the criminal trial that requires heavy research because the only people allowed in that room are the judge, the prosecution, the defense, and the potential jurors.


commentCommented on: Mon Aug 18, 2008 @ 12:19am
PART 9
~Some General Writing Tips and You~


WARNING: If this is your first time writing a serious novel and you decided on murder mystery, I would suggest you start with another genre. Write a few short stories of other genres before you attempt a murder mystery. This is, perhaps, one of the hardest genres to pull off because you need to be both the killer and the investigator, and you must knew when and when to not separate the two in your head. It’s a daunting process, and the potential for plot holes in a mystery is very high.

A. The Planning
~Planning is essential and will make everything so much easier for you. Even if you just write a few sentences down, it’ll help you in the long-run. People plan their stories differently. Some don’t at all and produce wonderful work. However, if you need to plan and are new to the crime fighting genre, try some of these tips. If they don’t work, they don’t work for you. As the author, it is your job to know both the killer and the investigator (everything that will happen to them and has happened to them).

~For the actual plot and exposition, create a timeline of your events. Those events should, obviously, have a date to correspond to them. You don’t have to be like, "October 3, 1999--John kills his first victim." You can be a little less precise such as, "Day 1--John kills his first victim. Day 2--The police find the victim’s body wherever." Timelines very much help when it comes to planning because many murders, if not all, have time gaps between them. Those gaps are up to the killer, which is up to you as the author.

~Point of view (POV) can make or break a story. No matter which you use, there will be inherent pros and cons. We all know that there are three main types of POV: first, second, and third. Second essentially has little to no function in writing ("how to" stuff is about all there really is); so you can ignore second POV.

-FIRST PERSON: Some say that first person allows you to really get into a character’s head--emotions, thoughts, and everything. Others say it doesn’t allow you to give the reader a full experience (i.e., get in every character’s head). First person in a mystery novel is actually a good thing. It’s limiting, restricted, however you want to put it. You want your reader to keep guessing; by narrowing your reader’s perspective by narrowing your narrator’s perspective, you’re doing yourself a service. However, some think that using first person means describing more emotion. Wrong! Emotions are fine, which makes a lack of emotions in a first person narrator a little questionable. Keep the emotions within moderation because too much or too little will alienate you, the writer, from the reader.

-THIRD PERSON OMNISCIENT: This is the third person that allows you to jump from character to character until your heart’s content. This is great and all and some would argue with me that omniscient allows you to develop both your investigator and killer. However, two things to consider: (A) You’re jumping from one to the other and back again for god knows how long. Once the reader is settled into one, to suddenly be jerked out of it and put into another is a shock to the system. You must be very good if you avoid this. (B) Isn’t it fun to keep the reader guessing, to keep the reader thinking? If you flop back and forth between two investigators, that’s fine. But between the investigator and killer? I wouldn’t recommend it.

-THIRD PERSON LIMITED: This combines the best of third person in general and first person. I would highly recommend third person limited.

~"Setting is more important than plot and characters combined. The setting tells what your characters will be like--jobs, personalities, gender roles, physical features, demographics in general, etc. Setting also sets limits on what your plot can and can’t be capable of."
Truer words have never been so spoken before. (Thank you, my cousin Aaron.) If your setting is present-day D.C., hate crimes happen. If your setting is post-Katrina New Orleans, robbery-murders are popular. Get what I’m saying? Geography, time period, and even the U.S. President and politicians (via legislation) can influence crime in certain areas and the investigators.

B. The Plot
~Don’t forget:
The rising action = the investigation and the information revealed
The climax = the solution/when the investigator first realizes who it is
The end = the solution/capture of the killer
85%-99% narrative = investigative procedure (Depends on subgenre)

~The basic plot structure: Inciting moment (triggers the story), Exposition (explained later), Rising Action (events steadily leading to the climax), Climax (the most suspenseful part of a story), Falling Action (events begin to wind down and an end is in sight), Catastrophe/Denouement (the end).

~How do you start? Well, there are a bunch of ways to start off a mystery story. You could jump right into the first crime scene investigation or right in the middle of one. Your investigator could unknowingly be traveling to the scene of the crime, or he could just be standing there and a dead body falls from a building and smashes up his car. There’s no right or wrong way, no better or worse way. (Well, that’s arguable.) Mickey Spillane started the first chapter of I, the Jury with his main character investigating a dead body. Agatha Christie, on the other hand, took one or two chapters (sometimes more) to get to the reveal of the victim.

Exposition, by the definition my English II Honors teacher gave: "The revealing of characters, setting, and the introducing of the conflict." Exposition is just background information. It can be revealed through narration, dialogue, flashback, or a newspaper heading (in the story, so a news program on TV would work, too). There are many other ways to do it, but these are just commonplace ones. Exposition will be a huge aspect of your story, so plan it out carefully. I would suggest you create a timeline of exposition and a separate timeline of plot (what actually happens in the novel).

"Info-dump" is when you "rape" exposition or needlessly give background information. It can anger and/or annoy readers. You need to explain how your killer came to be--motive and all. The best example I could give you would be to just swing a cat in the mystery story section of any bookstore and let go. The key is the initiation of the "info-dump" in any given mystery story and how well it answers a question or questions. If it’s all pretentious and does absolutely nothing in your plot, rewrite it.

Foreshadowing is the technique of hinting future events earlier in the story. Every mystery stories employ the use of foreshadowing. In Agatha Christie’s And Then There Were None, the main characters find a poem, each line foreshadowing a death. Foreshadowing is obviously best when subtle. The result of the foreshadowing should also make sense.

Flashbacks are a break in the "present" time of any work of fiction to show some event that happened in the "past." Flashbacks, like red herrings, should be used with a light touch or not at all. Flashbacks are crude, and (personally) uninventive ways of showing information from the past. If overused, they lose their impact and become predictable. However, if you whole story is being told as a flashback, that’s perfectly acceptable.

C. The Characters
~Mary-Sues are characters that are unrealistic when put into context with the setting. You could look up a definition on Wikipedia, but that is a fairly inaccurate one. Let’s look at Harry Potter. If you held him up to the Wikipedia definition, he would most certainly be a Mary-Sue. However, because of the setting, Mr. Potter really isn’t (and thus, ten points for Gryffindor) because he isn’t the only one who can learn advanced magic and such. “Mary-Sue” is a term never used in the real world of publishing and, thus, is confused for the term “flat character.”

It is understandable that you are worried about Mary-Sues. However, the more you worry about creating one, the more you will end up doing just that. Conversely, being too lax may produce one anyway. At the end of each chapter you write, go through it with a fine-tooth comb. Ask yourself, "Is my character acting realistically? Does my character have realistic skills based on setting? Are his motivations realistic for his personality, upbringing, etc.? Does this reasoning contradict that reasoning?”

MOST CHARACTERS SHOULD HAVE A FUNCTION IN THE STORY. It could be someone who gives information and is never seen again to the investigator to the criminal to the red herring. They should all be realistically portrayed. Typically, in a mystery story, you can "classify" your characters as follows:
~The investigator(s) - the detective; the one or ones who investigate and formulate a solution.
~The informant(s) - the characters who give useful, or sometimes not-so-useful, information to the investigator(s); also a witness.
~The criminal(s)/murderer(s) - the one or ones who is guilty of initiating the crime; sometimes an informant.
Some may fall under more than one category.

D. The Trite Worries
~What is a cliché? What is a dues ex machina? A cliché is a concept or idea so overused that it evokes no emotional response. You can take something cliché in concept and twist it into something truly unique. A dues ex machina is what some would call a "What the ********?" ending. It is an ending that uses an improbable (for lack of a better term), last-minute "rescue." (Think of William Golding’s Lord of the Flies ending.) The following clichés or dues ex machina relate to the Golden Age of Detective Fiction in Part 1 and will most likely make your readers roll their eyes.

"The Least Likely Person": The killer is always the least likely person. Agatha Christie popularized this solution and used it in almost every single one of her novels. A person who acts normal does not always mean he is the least likely person. This often refers to a woman or a frail man, etc. and beat the crap out of a hulky man.

"The Watson Sidekick Narration": Holmes created Watson, and people like Christie used Watson as an archetype in the murder mystery genre. This is the use of an unreliable, really-knows-nothing-of-what’s-going-on narrator.

"The Unfounded Epiphany": It’s great when your investigator realizes something important that blows a hole in the case and even better when you’ve established enough foreshadowing, context clues, etc. to back these epiphanies up. Don’t have unfounded epiphanies that lead to a definitely correct solution. Even Sherlock Holmes needed a reasonable amount of evidence to back up his conclusions.

"An Evil Twin": There’s one thing that’s extremely outlandish, yet it is not completely impossible given the realm of plausibility we exist within. However, an identical twin being the killer and framing the other (whether it’d be an accident or not) may make your readers roll their eyes. This

"She Fit’s A Profile And Wants To Stop The Killer For Good": A lot of amateur writers, especially newbies to mystery, will do this. Someone who is targeted by the killer (whether it’d be by chance or design) decides to take steps to arrest him. The cops are out of the loop, and everything works out for the target. The target saves the day, the killer is in jail, and the police reward her for never once reporting this to them. The best motivation is to get paid for this crap.

"To The Mystery Machine, Gang!": The whole Scooby-Doo idea of a group of "meddling kids" investigating a crime is so uncool. Children and teenagers investigating and solving crime after crime without any help whatsoever makes no sense.

E. For Just This, Consider the Reader
This can most annoy the reader. Your investigator has your killer cornered. All the investigator has to do is slap a pair of handcuffs on him, but there is something the investigator must do first. The investigator must--and this is an absolute must--explain to the killer how the killer did it. This is redundant to the killer, seeing as how the killer will most remember it (unless he has amnesia), and will make the readers roll their eyes.

How can you, the writer, fix this? Don’t explain this to the killer through dialogue. Explain to another investigator or someone of importance to the novel who is curious in the case. Or, even better, briefly explain through narration. Or you could make your killer egotistical. Your investigator is stumped and has only enough to detain the killer, but the investigator has no clue how he did it. To mock the investigator’s intelligence by explaining his own MO.

The need for the investigator to explain to the killer often works for TV, such as Monk, because it would be redundant to always have the killer explain himself. It is essential for the solution to be revealed. Also, Monk is also a comedy show with jokes actually funny. (On the 100th episode anniversary, this is actually poked fun at.)

F. Nishin’s Advice
Love the following words: who, how, why, and the devil is in the details. The investigation (i.e., information gathering) leads to the solution (or the climax). Foreshadowing will be your best friend. Starting a mystery is fairly easy once you know what you’re doing and where the end will be. As stated before, I would start planning a motive and M.O. first.

For actual writing technique tips, I would highly recommend Howard Mittelmark and Sandra Newman’s How Not to Write a Novel: 200 Classical Mistakes and How to Avoid Them--A Misstep-By-Misstep Guide. William Strunk Jr. and EB White’s The Elements of Style and Mignon Fogarty’s Grammar Girl are also useful writing tools.

If still worrying about how to begin your story, here’s something to NOT do. Never start off your story with a victim just being murdered. You can start with the investigator walking into the crime scene or even the killer going through an average day and then preparing himself to kill the victim. The thing is, if you start off with someone getting stabbed, chances are great that you have not set up enough to give insight into the innocence of the victim. Basically, give your readers enough to care about the victim if you start off with the victim getting killed.



Special Agent Nishin
Special Agent Nishin
commentCommented on: Mon Aug 18, 2008 @ 12:20am
PART 10
~Other Crimes, Crime Statistics, and You~


A. A Brief Introduction to Crimes in General
Every crime has elements, which are conditions that make a certain action a crime. The less elements you fulfill, the lesser a crime you have committed. This section is more about the legalities, but you may want to skim this bit over regardless because any one of these crimes may result in a murder.

What are MISDEMEANORS and FELONIES? A misdemeanor is any crime punishable by less than one year in jail. One year or more of jail time as punishment is a felony.
What is HOMICIDE? Homicide is the killing of another person. It can be intentional, unintentional, or negligent.
What is NEGLIGENCE? The failure to exercise a reasonable amount of care in either doing or not doing something, resulting in harm or injury to another person.
What are the Good Samaritan Laws? Good Samaritan laws require any witness to do what they possibly can to help a victim of a crime without putting him/herself in danger. The bare minimum one has to do as a witness to a crime is call 9-1-1. If the witness doesn’t, s/he can be held responsible. (Though I do not know what charges would be tacked on, but I suppose it would simply be "Violation of the Good Samaritan Law.")

Violent crimes can be broken down to the following crimes:
-Murder and Non-negligent Homicide (first degree: premeditated murder; second degree: done without an excuse)
-Forcible Rape (when one party forces the other to have sex without consent)
-Robbery (breaking and entering a building with the intention of committing a crime)
-Aggravated Assault (assault with a weapon)

Manslaughter: You hear it a lot on those criminal law shows. What is manslaughter? The killing of a person without malice (deliberate intent to harm someone) or premeditation, but during the commission of an illegal act. It can be voluntary when intentional but not premeditated, a result of a heat of passion, or diminished mental capacity. It can be involuntary when unintentional but done during a lesser crime.

Felony murder is the murder of someone during the commission of certain felonies, intent to kill notwithstanding.

Obstruction of justice is a charge for someone who knowingly hinders a police investigation. This charge is more of an idle threat than most people know because such a charge is very difficult to prove.

Property crimes can be broken down to the following crimes:
-Burglary (breaking and entering a building with the intention of committing a crime)
-Larceny-Theft (the unlawful taking of another’s property with the intent to steal it; grand larceny is theft of anything above a $100 value; petty larceny is a misdemeanor, a theft below a $100 amount.)
-Motor Vehicle Theft (I won’t explain this one)
By the by, a carjacking is when a perpetrator uses force or intimidation to steal a car from the driver.

Crimes in general are contributed to the following factors:
-poverty
-unemployment
-abuse of alcohol and drugs
-rising population
-a breakdown of morals
-little fear of being caught
-permissive courts
-lack of education
-inadequate police protection
-lack of parental guidance
-ineffective correctional system
-influence of violence in TV, movies, videogames, etc.
Crime rates are higher in urban areas that suburban areas, but suburban crime rates are higher than rural areas.
People between the ages of 15 and 24 commit more violent crimes than any other age group.
Males commit four times as many crimes as females. There have only been eight women on the FBI’s Top Ten Most Wanted list since its creation in 1950.

B. Drugs
Drugs: an illegal substance.

Controlled Substances Act: this classifies drugs based on potential medical uses, potential for abuse, and potential for psychological and physical addiction.
Drug related crimes are:
-Possession
-Possession with intent to distribute
-Distribution
-Trafficking (the importing of drugs into the country)

Each charge is determined by how many drugs you have and what the drug actually is (coke, heroin, etc.). Drugs are measured in grams, kilograms, etc. You are pretty much busted for drugs if the police find things you own for the use of drugs and/or if you have anything with residue on it.
Recidivist Laws: laws that require increasingly longer sentences for repeat offenders. California has a Three Strikes Law, which requires a life sentence for the third offense. Penalties include:
-Mandatory sentences for the first offenses
-Life without parole for trafficking
-Community service
-Forced rehab
-Fines
-Forfeiture of ill-gotten gains (meaning anything you purchased with money you obtained through the sales of drugs will be taken by the police, FBI, etc.)

C. Gangs
Gangs consist of people who form groups closed to the general public for certain common business or non-profit purposes that may include violent criminal activity. Nearly every city with a population of 200,000 or more reported having gangs. Gangs often associate themselves with a gang "Nation" (Bloods, Crips, and Latin Kings). They choose certain symbols, colors, emblems, and clothing to associate themselves with. You’ve all seen them on TV, especially when set in Los Angeles. Gangs provide "protection," which means the gang extorts money from business owners so they can operate their business.

Gangs range from young children to middle-aged adults.
People who join gangs usually have to endure some ritual initiation test. In most cases, they don’t use the same test for every single new member.
An overwhelming majority of gang members are male.
Most gangs focus on drug trafficking, firearms sales, auto theft, prostitution, and other criminal activities.

Factors that put young people at risk for involvement in a gang:
-poverty
-substance abuse
-domestic violence
-little education participation
-school failing
-family dysfunction
-poor self-esteem
Most join gangs for a sense of belonging. Others join because they are children or related to a gang member. But most of all, many join for money.

Drugs and gangs are practically interconnected. Drugs were never really a problem until the mid-1980’s. Since then, the murder rate soared as more and more drugs were trafficked into the country. It started in Miami, Florida. A small group decided to import marijuana or coke (I forget which) into the country to sell for a profit. Law enforcement officials and politicians were suspicious until they received a nice "shut up" gift. These people made so much money that they had no clue what to do with it. They put them in banks, off-shore accounts, and even invested them into public works projects. Then more and more drug traffickers rose up. Drugs have been treated like a business from the very beginning. The need to eliminate competition grew, and (like Al Capone) the drug cartels and gangs did so through murders.

D. Other Stuff
More Statistics:
http://www.library.american.edu/subject/statistics.html - American University crime statistics
http://www.whitehouse.gov/fsbr/crime.html - FBI crime statistics
http://www.la.utexas.edu/research/crime_criminaljustice_research/abstracts.html - general criminal statistics

Some Jargon:
White-collar Crime: (n) illegal acts committed to the middle- and/or upper-class
Sanction: (v) to authorize; to grant permission. (n) a penalty to enforce compliance
Tox: (n) an abbreviation for "toxicology"
Psych: (adj) an abbreviation for "psychological"
G-men: (n) an outdated term for the feds or FBI agents
Administrative Leave: (n) the absence of law enforcement work approved by higher-up administrators; it’s like a mental holiday for the investigator.

Things to search via Wikipedia:
"Profiling"
"Criminology"
"Forensic Psychology"
"Criminal Trials"
"FBI"
"FBI field offices"
"Crime"
"Red Herring"
"Mystery (fiction)"
"Scotland Yard"
"International Criminal Police Organization"/"Interpol"
"Legal Terminology"
NOTE: Wikipedia receives a certain amount of criticism from my teachers, and I’ve seen the same criticism from a few Gaians. That is, its articles are unreliable because anyone can change them. Nowadays, that’s not necessarily true since certain articles are locked. However, not all of them are. Fortunately for you, Wikipedia provides citations at the bottom of each article! Use the links below, and they will 99% of the time redirect you to a reliable source.
NOTE 2: I have not tried to put all of these into Wikipedia (i.e., "Scotland Yard," "Interpol," and "Crime"). Therefore, I have no clue if there are any articles on those at all or if it’s adequate. So sorry in advanced.

E. Nishin’s Advice
The inclusion of other crimes can add depth, but the key is moderation. Too many at once if written poorly can be laughable. And yet a straight-out murder can be, well, boring to the writer and the reader.


commentCommented on: Mon Aug 18, 2008 @ 12:22am
PART 10.5
~Rape and You~


A. What Is Rape?
Rape is nonconsensual sex. This is, perhaps, one of the most psychological crimes there could ever be.

There are many forms of rape.
-Statutory rape: sex, consensual or nonconsensual, with a person under the legal age of consent. The legal age of consent varies from state to state.
-Acquaintance/Date Rape: when the rapist is someone the victim knows personally.
-Gang rape:
-Spousal/Marital rape:
-Prison rape:

In the United States, there were 191,670 victims of rape reported in 2005.
Only 16% of rapes are reported to the police. 1 of 6 U.S. women has experienced an attempted or completed rape.
A significant number of rapes go unreported. Most rapes don’t even go to trial.
In 1999, the United States estimated that 91% of rape victims are female and 99% of rapists are male.

Between 2000 and 2005, most rapes were committed by strangers.
About 38% of victims were raped by a friend or acquaintance. 7% of these victims were raped by a relative and 26% of those victims were committed by a stranger.
Four out of ten rapes occur at the victim’s own home.

B. Motivation
Motivations for rape (mostly male):
-Anger toward women
-Need to dominate women
-Male rapists have less empathy towards women who have been sexually assaulted by an unknown person
-Male rapists have more hostility towards women than other males.
-Most rapists do not have a preference for rape over consensual sex
-There are no significant differences between the arousal patterns of male rapists and other males.
In some cases, rape are crimes of opportunity. These are the crimes that occur because the criminal could, because the criminal had a chance to.

C. The Victim
Rape itself is the most psychological crime for the victim. It is a very under-reported crime for numerous reasons. I’ll use the generic "she" for the sake of ease. These are the more common ones:
-Most rapes are committed by strangers.
-The victim doesn’t believe she’s been a victim of rape
-The victim is afraid of her rapist.
-The victim is strong-willed, stubborn, and proud.



Special Agent Nishin
Special Agent Nishin
commentCommented on: Mon Aug 18, 2008 @ 12:23am
PART 11
~What Did You Learn From This?~


Hopefully, you learned:

-The main subdivisions of crime fiction.
-A serial killer = an M.O., a motive, and a psychology/past.
-There are many classifications for killers and crime scenes.
-A red herring is "evidence" that is left to confuse the authorities.
-There are distinct differences between the jurisdiction of the police and the FBI and the animosity between the two agencies.
-The FBI has many units and programs used to detect crime and to get the killer.
-Technology and scientific advancements aid greatly in crime investigations.
-Criminal justice proceedings are long and arduous.
-Setting, exposition/background information, foreshadowing, and characters make a mystery story.
-Crimes that can be associated with murder, or at least a result of murder.


~Sources, Copy and Paste, and Nishin~[/u[

-crimelibrary.com
-World Book Encyclopedia Millennium CD-Rom
-Microsoft Encarta 99 Encyclopedia CD-Rom
-wikipedia.org
-Street Law: A Course in Practical Law (Seventh Edition) (Authors: Lee. P Arbetman, Edward L. O’Brien)
-Thomas Tomazick (specialty: divorce and personal injury; college major: criminal justice)
-FBI Agent Karen Johnson (retired)
-Nishin’s head

[u]Any Questions?
Post them here, PM me, comment me on my profile, whatever. I’ll do my best to answer them, or at least direct you to a reference that may. If your answer make you ask more questions, post them; I’ll do my best to help you until you’re satisfied enough to write.


commentCommented on: Mon Aug 18, 2008 @ 12:25am
PART 11.5
~Suggested Reading, Viewing, etc. and You~

(In alphabetical order, not order of publication. And at the risk of gloating, yes, I’ve read every single one of the novels listed here at some point in my life.)
-Agatha Christie:
The ABC Murders
Curtain
Death on the Nile
The Mysterious Affair at Styles
Mystery of the Blue Train
Murder in Mesopotamia
Murder on the Orient Express
And Then There Were None
-Sir Arthur Conan Doyle:
The Sign of Four
A Study in Scarlet
The Valley of Fear
-John Grisham:
A Time to Kill
The Last Juror
-James Patterson:
1st to Die
2nd Chance
Along Came a Spider
Cat & Mouse
Cross
Double Cross
Four Blind Mice
Kiss the Girls
Mary, Mary
Roses are Red
Violets are Blue
-Edgar Allen Poe:
"The Murders in the Rue Morgue"
"The Mystery of Marie Roget"
"The Purloined Letter"
-Mickey Spillane:
I, the Jury
-Other Authors and Forms of Entertainment: (alphabetical order of author/creator or by show title.)
The Closer
Criminal Minds
Court TV channel (Now Tru TV)
Mignon Fogarty’s Grammar Girl’s Quick and Dirty Tips for Better Writing
David E. Kelley’s Boston Legal
David E. Kelley’s Picket Fences
David E. Kelley’s The Practice
Brian Lane’s Encyclopedia of Forensic Science
Howard Mittelmark and Sandra Newman’s How Not to Write a Novel: 200 Classical Mistakes and How to Avoid Them--A Misstep-By-Misstep Guide
DP Lyle, MD’s Forensics: A Guide for Writers
Michael Robotham’s Suspect
William Strunk Jr. and EB White’s The Elements of Style
NUMB3RS
Spiral: The Bonds of Reasoning (Story: Kyo Shirodaira, Art: Eita Mizuno)
Twelve Angry Men (movie)
d**k Wolf’s Law & Order
d**k Wolf’s Law & Order: Criminal Intent
d**k Wolf’s Law & Order: Special Victims Unit
-Websites and Links:
It’s a library of famous criminal cases!
www.weareNOTthefbi.gov
www.weareNOTthepolice.com
-GaiaOnline’s Writers Forum links:
<> Fizzelsticks’s Guide to Grammar!
<> The Draken’s Glossary of Literary Terms
<> Ryiel’s "I Need Help With My Beginning" Guide
<> Ryiel’s "I Need Help With My Ending" Guide
<http://www.gaiaonline.com/forum/viewtopic.php?t=32400611> Special Agent Nishin’s List of Ways to Murder Someone
I have to go back through my Thread Subscriptions and find the links to the aforementioned threads--one of these days.

This section debates the pros and cons of the authors listed above. This is mostly a general literary criticism and not on a book-by-book basis and expresses my opinion (because there’s no better opinion to express). The point of this section is to help you decide what type of mystery this author predominantly writes, his/her writing styles, anything else that you consider when picking a book to read, and the book/series I highly recommend. I will later add some authors because I have not read enough of their works to get a good grasp of their styles, etc.

Agatha Christie: She’s a prolific writer and learned much from Author Conan Doyle. Her diction is spot on, and her characters are actually quite enjoyable. Her most famous detectives are Hercule Poirot and Miss Marple (the former having the most novels). She often makes twists and turns that you most certainly wouldn’t expect, mastering the phrase "The devil is in the details." Even if paying attention, you’ll be shocked. However, her stories are mostly set in the WWI and WWII eras in Europe. (Laws have changed, give or take a few, since.) Most of her plots are all fundamentally the same. If you read too many, it’ll become dry and redundant. The same old "who-dun-it?" and "the least likely person" bit gets old. I highly recommend Murder on the Orient Express. It’s her best one.
Arthur Conan Doyle:
James Patterson: He’s a more modern crime writer, so he mostly writes "why-dun-it?" Like Agatha Christie, Patterson’s plots are all fundamentally the same. His Women’s murder Club series is s**t in comparison to his Alex Cross series (which is his recommendation from me). Since Patterson is more current and sets a majority of his Alex Cross series in Washington D.C. (Women’s Murder Club in today’s San Francisco), Patterson would be more valuable than, say, Conan Doyle and Christie. What I personally hate is the switching of point of view. I find it annoying and ruins the beauty of third person and first person. However, he compensates with an easy-to-follow (and addictive) diction and wonderfully developed serial killers. Best criminal mind? In my opinion, a choice between Gary Soneji, Geoffrey Shaffer, Thomas Pierce, and Kyle Craig. Study the following Cross novels: Along Came a Spider, Kiss the Girls, Cat and Mouse, Pop Goes the Weasel, Roses are Red, Violets are Blue, Double Cross.
Mikey Spillane: If you like noir style mysteries, Spillane is for you. These old-fashioned, almost stereotypical hardboiled detective fictions can become addictive. You’ll notice that Mike Hammer, the main character and narrator, is rather violent and somehow hides a sensitive side. But the plots are wonderfully crafted.
John Grisham: It has only been recently since I rekindled my love for Grisham. Being a former lawyer himself (and I hope to follow this same path), Grisham knows the legal system inside and out. For current American law, Grisham is your guy--especially with A Time to Kill. As much as I love The Firm, it is less about a murder mystery and more suspense thriller.
Michael Robotham: As far as I know, he’s only written one book--Suspect. This is written entirely in first person (the mysteries I write are in this point of view), and it is clear that the narrator is unreliable in certain situations. It makes for a good guessing game. This is more of a "why-dun-it?" and is set in 2000-ish Britain. This may be more helpful than Christie if your murder takes place in 2000 Britain because this also delves a little bit into the current British legal system (of which I am no expert on). However, it seems like it takes forever to get to the main murder mystery. On the plus side, all chapters before the actual conflict are pretty well-written and enjoyable. It may not be so bad. If you’re thinking of prostitutes as your victims, this is the book for you. Wonderful profile on prostitutes.



Special Agent Nishin
Special Agent Nishin
commentCommented on: Mon Aug 25, 2008 @ 03:29am
reserved


commentCommented on: Mon Aug 25, 2008 @ 03:30am
reserved



Special Agent Nishin
Special Agent Nishin
commentCommented on: Mon Aug 25, 2008 @ 03:31am
reserved


commentCommented on: Tue Dec 16, 2008 @ 01:09am
This was really helpful icon_mrgreen.gif
I might break a few rules, but the trick to writing is to know which ones to break and when ( Nugget of Desi wisdom)
The criminal one was really helpful, not I can flesh him out more realistically.



Desi the fuzzy fluffhead
Lord Tezzy
commentCommented on: Mon Apr 13, 2009 @ 10:25pm
Hmm. It's actually really nice and in depth. Just felt like throwing three things out there (all gleaned from Criminal Minds and I've done mild research on them)

1) Some of the most difficult serial killers to catch are those without MOs. They litterally kill differently each time.
2) Women serial killers (rare as they are) generally don't have a signature. They tend to kill for more logic oriented reasons rather than need based reasons.
3) Omnivores (serial killers with no preference in victims) are also difficult to catch, especially if they don't have a signature or MO. The episode titled "Omnivore" does a really amazing job with this type of serial killer.

Anyway, you didn't include rape/murder (which you said). Otherwise, this has got to be the most comprehensive guide on murder/serial killers on Gaia. GO YOU! PWNED ALL OTHER GUIDES WITH THAT SHINY KNIFE!


commentCommented on: Tue Apr 14, 2009 @ 12:39am
The only comment I have to say on Ryiel's comment is number 1:
-I said it is the SIGNATURE that does not change. The MO can stay the same or change, but it usually does evolve over time.



Special Agent Nishin
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