by Tatum Kleis
As I’ve started to review the current literature in the realm of unsolved homicide and cold cases, I came across an interesting study regarding the ethical nature of reopening a homicide cold case. Time has allowed for large improvements in the technology used to investigate homicide cases, and specialized units have been developed in many police departments with a primary focus on solving cold cases. However, the article discusses the impact that the passage of time can have on the ability for investigators and the criminal justice system to fulfill their moral obligation of both solving the crime and prosecuting the offender (https://doi-org.proxy.lib.umich.edu/10.1080/0731129X.2015.1025505). There are many instances in which reopening a cold case seems more ethical, such as in a case where new technology can be utilized to reevaluate the evidence, and lead to a high probability of the homicide actually being solved. In this scenario, relaunching investigation into a case that at one point seemed unsolvable can provide surviving family members with a sense of closure.
In other cases, however, the passage of time can also have a debilitating effect on the ability of investigators to solve and prosecute a homicide case. Take, for example, an unsolved homicide case that has sat cold for a longer period of time: not only has the evidence aged, but so have all of the people involved with the case, such as any witnesses and the offender themself. Trying to look at potentially decade-old evidence and track down witnesses is not only challenging, but also has a very low probability of contributing to any leads in the investigation. In this scenario, reopening the case may just provide frustration to law enforcement and false hope to surviving family members, calling into question the morality of reopening a cold case.
Beyond the large amount of dispute regarding the ethical nature of reinvestigating cold cases, I began to consider the financial toll that reopening cold cases can have on police departments. I imagine that attempting to analyze old evidence with new technology would be very time consuming, and I feel that the time and monetary resources should be directed towards solving current crimes. Although general deterrence is an important aspect of the criminal justice system, I don’t see how solving a crime from thirty years ago will impact current rates of homicide. Police departments should be focused on how to prevent and solve homicide in our present society and should only open cold cases when there is reasonable certainty that their efforts will contribute to identifying and prosecuting the offender.
Source: Hughes, Jonathan A., and Monique Jonas. 2015. “Time and Crime: Which Cold-Case Investigations Should Be Reheated?” Criminal Justice Ethics 34(1):18-41.