- 19-Apr-2025
- Healthcare and Medical Malpractice
Prosecuting cold cases—homicide cases that have remained unsolved for years or even decades—presents significant challenges for law enforcement and prosecutors. These cases often involve lack of physical evidence, unreliable or missing witnesses, and legal hurdles that complicate the pursuit of justice. Despite advances in forensic technology, cold case prosecution remains one of the most difficult areas of criminal justice.
Degraded or Missing Evidence: Over time, critical evidence in homicide cases, such as blood samples, weapon traces, or physical remains, may degrade, be lost, or be disposed of. DNA evidence, if not preserved properly, may become compromised and unusable for forensic analysis.
Corrupted Witness Testimonies: The longer a case remains unsolved, the harder it becomes to find credible and reliable witnesses. Witnesses may have moved, forgotten crucial details, or passed away.
While new forensic techniques (e.g., DNA analysis, ballistics, and forensic genealogy) can offer breakthroughs, their application to old cases may not always yield usable results. In some cold cases, evidence may have been improperly handled or stored, making modern forensic re-testing problematic.
New forensic methods are also expensive and require substantial resources, which may not always be available, especially for cases that have been abandoned for many years.
Many jurisdictions have a statute of limitations for certain crimes, although homicide generally does not have one. However, in cases involving manslaughter or other related crimes, the time limitations for prosecution may limit what can be brought to trial. This is especially true in cases involving lesser charges related to the homicide.
Witnesses may have disappeared or become unreliable over time. People’s memories fade, and individuals who were once potential witnesses may refuse to cooperate or have motives to lie or hide information.
Victim’s family: In some cases, family members of victims might have different perspectives, which can complicate the investigation, especially if new theories emerge that contradict initial claims.
Loss of institutional knowledge: Investigators, prosecutors, and officers involved in the original case may have retired, moved, or passed away, leaving the case in the hands of individuals who lack firsthand knowledge of the investigation.
As law enforcement agencies move through different generations of officers, there may be a lack of continuity in how a cold case is handled or investigated, leading to disjointed efforts to resolve the case.
Media coverage: The pressure of public scrutiny can be both an advantage and a disadvantage. On one hand, media attention can bring new witnesses forward or apply pressure on potential suspects. On the other hand, high-profile cases may lead to unfounded accusations or false leads that waste investigative resources.
Public and media pressure can also create a tendency to focus on certain leads, ignoring others that may be more promising, which can lead to misdirection.
Emotional toll on victims' families: The emotional weight of a cold case for the families of victims can be substantial, leading them to pursue leads themselves or become frustrated if they feel progress is too slow.
Prosecutor and investigator burnout: Cold cases can often be mentally exhausting for law enforcement officers and prosecutors who may feel a sense of responsibility or personal failure for not solving the case sooner.
Case file disorganization: Over the years, case files may become disorganized or incomplete, making it difficult for new investigators to understand the original context or follow leads.
New legal standards or precedents: Changes in the law or evolving case law could alter how certain evidence is perceived or used in a case. This could complicate efforts to bring a cold case to trial, especially if past investigative techniques were not up to modern legal standards.
The passage of time means that forensic evidence is often either non-existent or too degraded to use. Additionally, witnesses may be unavailable or unable to testify with credibility due to memory loss or fear of testifying after so many years.
The absence of a clear suspect or the failure to identify a motive makes it challenging to present a compelling case to a jury, especially if the evidence is circumstantial or minimal.
In some cold cases, breakthroughs in DNA analysis or new forensic techniques, like using genetic genealogy (similar to the case of the Golden State Killer), can lead to the identification of suspects who were previously unknown. However, not all cold cases are able to take advantage of these new methods due to the condition of the evidence or the availability of modern technology.
Prosecutors may revisit cold cases due to new leads, technological advancements, or renewed public interest. However, even with fresh evidence or suspects, there may still be legal challenges, such as the potential for tainted evidence, outdated or inconsistent investigative practices, or procedural issues.
The Golden State Killer Case: After decades of investigation, law enforcement in California were able to identify and arrest Joseph James DeAngelo in 2018 for a series of murders and rapes using new genetic genealogy techniques. Despite the long passage of time and missing witnesses, the application of new DNA technology brought closure to victims' families and led to DeAngelo’s conviction.
JonBenét Ramsey Case: The 1996 unsolved murder of 6-year-old JonBenét Ramsey remains a prominent cold case in the U.S. Despite the availability of DNA evidence and new investigative techniques, the lack of a clear suspect, combined with media interference and procedural issues, has made it difficult to bring anyone to trial for her death.
Prosecuting cold cases involving homicides is a complex and challenging task due to the degradation of evidence, the passage of time, the unavailability of witnesses, and various legal and investigative obstacles. Despite advancements in forensic technology, the hurdles remain high, making it difficult to secure convictions. However, with persistence, new investigative techniques, and public and media interest, cold cases can sometimes be resolved, bringing justice to victims and their families even after many years.
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