Working PI
by John M. Gaspar and Anthony Luizzo
Death investigations encompass both criminal and civil aspects, requiring investigators to follow strict legal protocols and forensic procedures. This article outlines key considerations for handling homicides, suicides, unattended deaths, and wrongful death civil actions.
The statutes and regulations governing these investigative approaches help to determine the causes and circumstances surrounding these deaths. Detectives selected to work on homicide cases are highly skilled in peeling back the onion on people, places and things, and play a crucial role in these very specialized investigations. One of the authors of this article previously worked on homicide cases, as a NYPD Detective, Flagler County, Florida Detective, and as a licensed private detective.
The Checklist
A skilled homicide investigator knows that a problem well laid out is a problem half-solved. The journey from concept to implementation to completion is a long winding road, but the genius of having a checklist to guide you helps to reduce the complicated to the simple.
The checklist begins with the various roles that agencies play in the investigative puzzle:
Federal and National Guidelines
☐ National Association of Medical Examiners (NAME) sets standards
☐ Centers for Disease Control and Prevention (CDC) offers guidelines and resources on death investigations
☐ Federal Bureau of Investigation (FBI) become involved in certain death cases (e.g., terrorism-related deaths)
☐ The medical examiner conducts forensic autopsies & determines the cause and manner of death. The medical examiner has legal control over the body as per jurisdictional statutes
☐ Autopsy findings serve as crucial evidence in criminal prosecutions and civil litigation
Criminal Death Investigation
☐ Types of Cases handled: Homicides, suicides, unattended deaths, and undetermined deaths
Investigation and Responsibilities
☐ Florida Department of Law Enforcement (FDLE) Guidelines
☐ Securing the crime scene
☐ Controlling access to the victim
☐ Documentation & evidence collection
Florida State Statute 406.14 – Defines the role of medical examiners during investigation into the cause of death.
Death Investigation Checklist
☐ Crime scene security
☐ Document environmental conditions
☐ Establish Time of Death:
☐ Livor Mortis (post-mortem lividity)
☐ Rigor Mortis (stiffening of muscles)
☐ Algor Mortis (body cooling)
☐ Collect photographic evidence
☐ Examination of the body and of the immediate surroundings
Forensic Disciplines Involved
☐ Forensic Autopsy – Internal and external examination of the body
☐ Forensic Entomology – Use of insect activity to estimate time of death
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Training Requirements for Detectives in the United States
1. Minimum Qualifications
☐ Be at least 19 years old
☐ Be a U.S. citizen
☐ Possess a high school diploma or an equivalent credential
☐ Have a clean criminal record without felony convictions or misdemeanors involving perjury or false statements
☐ Attend advanced training and attend specialized training
2. Required Training
☐ Successfully complete a Commission-approved Basic Recruit Training Program at a certified training school
☐ Pass the State Officer Certification Examination (SOCE)
☐ Obtain employment with a law enforcement agency
3. Additional Training for Detectives (Varies by State)
☐ Four years of sworn law enforcement experience, with at least two years in criminal investigations
☐ Continuous professional development, including mandatory retraining topics such as mental health, misuse of electronic databases, and juvenile sexual offender investigations
Wrongful Death Investigations (Civil)
1. Preponderance of Evidence Standard
☐ Lower burden of proof compared to criminal cases
2. Florida Wrongful Death Act
☐ Found in Florida Statutes Sections (FSS) 768.16-768.26
☐ Allows family members to seek monetary compensation for wrongful deaths
3. Civil Actions and Settlements
☐ Investigation of negligence or misconduct leading to death
☐ Determining liable parties and potential compensation
4. Key Investigative Documents
☐ Autopsy Reports
☐ Medical Examiner Reports
☐ Toxicology Reports
☐ Police Reports
☐ Investigation Supplements
5. Crime Scene Support in Civil Cases
☐ Reviewing forensic evidence
☐ Consulting expert witnesses
☐ Assisting legal teams with forensic interpretations for investigations
☐ Crime Scene Investigation (CSI) Photos and Sketches
6. Effectiveness of Wrongful Death Investigations
☐ Bringing Civil Justice – Even if a criminal conviction isn’t possible, civil lawsuits can hold responsible parties financially accountable.
☐ Uncovering Criminal Acts – Many homicide cases start as wrongful death investigations, leading to criminal charges such as manslaughter or murder.
☐ Preventing Future Incidents – Holding companies or individuals accountable for negligence (e.g., unsafe workplaces, defective products) can lead to policy changes and increased safety measures.
7. Challenges in Wrongful Death Investigations
☐ Lack of Evidence – If key evidence is destroyed, lost, or mishandled, proving negligence or intent can be difficult.
☐ Statute of Limitations – In Florida, wrongful death lawsuits must be filed within two years from the date of death, making timely investigations crucial.
☐ Corporate or Institutional Resistance – In cases involving powerful entities, legal teams often attempt to suppress evidence or settle quickly.
8. High-Profile Cases Demonstrating Effectiveness
☐ O.J. Simpson Civil Case – Although acquitted in criminal court, Simpson was found liable in a civil wrongful death case and ordered to pay damages.
☐ Medical Malpractice Cases – Investigations into wrongful deaths due to surgical errors, misdiagnoses, or medical negligence have led to significant legal victories for victims’ families.
☐ Product Liability Cases – Companies have faced lawsuits after wrongful death investigations exposed dangerous defects in cars, pharmaceuticals, and consumer goods.
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9. Medical Examiners
In the U.S., the structure of death investigation systems vary by state, with some utilizing medical examiners, others coroners, and some a combination of both. Below is a list of states with links to their respective medical examiner or coroner organizations (please note that links may change after publishing):
☐ Alabama – Alabama Department of Forensic Sciences
☐ Alaska – Alaska State Medical Examiner’s office
☐ Arizona – Arizona Medical Examiner System
☐ Arkansas – Arkansas State Crime Laboratory
☐ California – California Bureau of Forensic Services
☐ Colorado – Colorado Coroners Association
☐ Delaware – Delaware Division of Forensic Science
☐ Florida – Florida Medical Examiners Commission
☐ Georgia – The Georgia Bureau of Investigation Medical Examiner’s Office
☐ Hawaii – Department of the Medical Examiner Honolulu
☐ Idaho – Idaho State Police Forensic Services (ISPFS)
☐ Illinois – Illinois Coroners & Medical Examiners Association
☐ Indiana – Indiana Coroners Association
☐ Iowa – Iowa Office of the State Medical Examiner
☐ Kentucky – Office of the Medical Examiner
☐ Louisiana – Louisiana State Coroner’s Association
☐ Maine – Office of Chief Medical Examiner (OCME)
☐ Maryland – Office of the Chief Medical Examiner
☐ Massachusetts – Office of Chief Medical Examiner
☐ Michigan – Michigan Association of Medical Examiners
☐ Minnesota – Minnesota Coroners’ & Medical Examiners’ Association
☐ Mississippi – State Medical Examiner’s Office
☐ Missouri – Missouri Coroners and Medical Examiners Association
☐ Montana – Montana Medical Examiner Office
☐ Nebraska – Nebraska Association of County Officials
☐ Nebraska – Nebraska Association of County Officials
☐ New Hampshire – Office of the Chief Medical Examiner (OCME)
☐ New Jersey – Office of the Chief State Medical Examiner (OCSME)
☐ New Mexico – Office of the Medical Investigator State of New Mexico
☐ New York – New York State Association of County Coroners & Medical Examiners
☐ North Carolina – N.C. Office of the Chief Medical Examiner (OCME)
☐ North Dakota – ND State Forensic Examiner
☐ Ohio – Ohio State Coroners Association
☐ Oklahoma – Oklahoma Office of the Chief Medical Examiner
☐ Oregon – Oregon State Medical Examiner
☐ Pennsylvania – State Coroners’ Association
☐ Rhode Island – State Center for the Office of Medical Examiners
☐ South Carolina – Coroner’s Association
☐ South Dakota – South Dakota Board of Medical and Osteopathic Examiners (SDBMOE)
Conclusion
Death investigations in the United States require a structured approach, whether for criminal or civil cases. Investigators must understand forensic principles, legal statutes, and procedural requirements to ensure thorough and legally sound findings. Mastery of autopsy interpretations, forensic evidence, and statutory obligations is critical for law enforcement and private investigators handling these cases. While wrongful death investigations may not always result in criminal convictions, they often provide financial compensation and closure for grieving families. Their effectiveness depends on thorough investigation, strong legal strategy, and timely action.
This checklist serves as a structured guide to ensure thorough and effective death investigations nationwide, aligning with best practices in both criminal and civil cases. We hope that this checklist will help you tiptoe through the troubled investigative hurdles to get you to a successful criminological conclusion.
References
• Geberth, V. J. (2006). Practical Homicide Investigation (3rd ed.). CRC Press.
• Eliopulos, L. N. (2005). Death Investigator’s Handbook (Vols. 1-3). CRC Press. ISBN 1-58160-497-1.
About the Author
John Gaspar, B.S, M.S, CFE, BAI CSI is the Immediate Past President of the Florida Association of Private Investigators (FAPI), Former President of the Society of Professional Investigators, Past Chairperson of Board Accredited Investigators (BAI), Retired NYP Major Case Squad Detective, and Retired FCSO Detective Supervisor of the Economic Crime Division.
Anthony Luizzo has a long distinguished career in law enforcement with the NYPD, as a senior security executive with the NYC Mayor’s Office of Economic Development and the NYC Health & Hospitals Corporation, and is President of his PI firm.
We’re always listening. Send your story submission/idea to the Editor: kendra@orep.org.
