Homicide: Criminal Law - Term Paper Example

? Homicide Introduction In criminal law, homicide is the unlawful killing of a human being with malice aforethought. In common law and as by statute in various jurisdiction first degree murder is defined as unlawful killing with cruelty aforethought. The phrase malice aforethought connotes the mental state of a person who voluntarily and without legal reason does an act that will normally cause death or serious injury to another individual. Aforethought has been defined to mean malice must exist at the material tome of the homicidal act. The discussion that follows will majorly deal with social learning theory, minds designed for murder theory, thrill murder theory and sociological theories including social-demographic theory, subculture violence theory and ‘victomology’. The Social learning theory In his famous publication Professor Bandura,1 has argued that human beings are not born with pre-determined repertoires and predispositions of aggressive behavior. As a matter of fact, most aggressive incidents viz fighting with switchblade knives, martialling with opponents, involvement in military activities, or taking part in vengeful ridicule suffices sophisticated skills that inevitably call for extensive social learning. Ultimately, unlike other basic forms of physical engagement requiring least guidance, victims of this theory, as Bandura observes must be learn them in a way or the other. Further, a progressive argument under this theory has indicated that instead of concentrating much on juvenile aggression as a reason for homicide, a comprehensive analysis must be drafted to entail even the class of individuals who get to be legally trained or professionally acquire skills and knowledge especially those who belong to the category of people whose owe a national duty by providing military service. That being the position, it is therefore difficult to argue that any other skill acquired through social learning is always inclined towards the commitment of a homicide. This is because not the killings done by this class of people are majorly within the ambits permissible by the law. Such circumstances include killings in the course defense on national security, during wars and defense of citizenry property. As such this could be cited as a possible weakness under this theory. Further, this theory presupposes that behavior is reinforced by rewards and punishment and also by observing the behavior of others. Bandura in 1973 argued that people learn particularly from visual images as the just the same way the things happen. Aggressive behavior and violent individual aired through media viz TV can provide a model particularly for young people who try to emulate them. Philip and Hensley in 1984 argued that the number of homicide in the USA significantly increased after a big boxing context which had been viewed through TV. In 1993 two 10 year old boys murdered James Burgler after watching a violent match. Minds designed for murder theory In his famous publication Dr David Buss,2 under the theory of evolutionary psychology has argued that at one point in everyone’s life, there has been a strong and shocking urge to kill. His further pose that murder is our blood and specifically says that homicide is not uncommon pathology or the product of social thrust of culture, destitution or poor parenting but it is an evolutionary adaption that all human beings subject. He further observed that in the appropriate instances all human beings kill, this is by the reason that their ancestral fathers also did kill to procure greater chances of reproductive success.3 Ultimately, this is to date inherent in every human being. The component of Buss’ homicidal fantasy also works to suppress the idea that indeed at one moment every human being has killed either physical or by strip of mental fantasy (Buss, 2008). Drug related murder This theory suggests that Neal and Brendan were killed because of some kind of connection to illicit drugs. The theory arises because they were killed in ‘execution-style’, a mode of murder firmly associated with drug wars and drug dealing gangs. From the evidence, the murder style is the sole reason to connect the Abernathy with a drug-related murder. Other than that, the thought of Abernathy’s involvement in drugs is beyond ridiculous. There’s a variant of this theory that holds much water. The alternative maintains that the murderers mistook their house of visit and that Neal’s and Brendan’s death was a severely tragic mistake. It has the virtue of being plausible contrary to the ‘direct involvement in drugs theory’. Moreover, the only known evidence behind this theory is the style of murder. Trying the murders to drugs, however on the basis of the murder style is ineffectual and while a number of drug-related murders are done in execution style, not all execution styles are as a result of drugs. Thrill murder. Thrill murders, just like serial slays, are very difficult to analyze by virtue of there being no real motive other than personal satisfaction and the urge of the criminal. Many crimes in the thrill or serial category only get noticed when a killer owns up (Buss, D. M. (2008).. Thrill murderers have also been aptly described to be possessive of a psycho towards killing. After they have lynched their victim, the offender’s are said to gain some kind of a relief and pleasure, making them want to kill more and more. As aforestated, the concept behind thrill murder is highly intricate. Reasons vary from individual to the other, ranging from mere discharge of pleasure to issues of vengeance, and vendetta. Most of thrill murderers are also brainy and have had time to make a calculative criterion on how when and where to kill the victim. It should however be appreciated that this theory under homicide also borrows much from other cognitive theories such as social learning theory, minds designed for murder theory and even sociological theories. An illustration on the first prong of social learning theory in correlation with thrill murder for instance is the facts that most executors of thrill murder especially serial killers have acquired technical or scientific skills or knowledge in executing the same. This establishes the grounds rendering difficulty in analysis. Cheater’s theory This theory is crafted to elucidate adultery and criminal behavior such as crimes of passion. According to this theory, it is understood that a male population evolved with genes that leaned more towards sexual reproduction with little or no participation in the offspring care. Their purpose was to be sexually active men with as many females as possible to stretch their genes for survival of generation (Duntley & Shackelford, 2008). The type of males referred to are sly, unreliable and ingenious. They opt to impersonation and various other ways to gain sexual conquest with suitable females that may support their offspring with as little involvement as possible from them as fathers (LaFree, 1989). This is believed to be consequential to the extent that future generation of children produced will be characterized by low self-esteem, low intelligent quotient, and aggressive behavior. SOCIOLOGICAL THEORIES a) Social-demographic This concerns traditionally empirical social characteristics of homicide offenders and of the homicide event or place it happened. The sociological environment of homicide under this is supported by factors such as age, sex, marital status, race and employment status of the offender. However caution is paramount in analyzing the demographic data since there exists an impending danger to skip out of the demographic characteristics into unsafe conclusions regarding theories of homicide causation the underlying risk in basing on demographic sociological theory of crime is its susceptibility in its data analysis in relation relevant inferences. For instance, Verkko (1951) revealed that the female homicide rate was always lower compared to that by men inferring that this was due to the difference in th biological anatomy that existed between man and woman. Najman in Australia has based his sociological analysis on poverty lines arguing that it could be one probative cause for homicide acts. Ultimately under this theory, basing arguments on abstract statistical data has been a major an d worrying concern regarding its accuracy and workability. The individual model is practically ineffectual. b) The subculture of violence. This is the mostly relied on sociological theory in as far as homicide act is concerned Wolfgang's Philadelphia study (1966) revealed that a normality of tendency for extreme aggressive behavior on lower class members of society. The substance of this theory is that majority of unlawful homicides could be associated with the Impoverished members of the society, whether by reason of weakest or otherwise, the cogent underpinning to this is that universal beliefs among those of the class in issue as to the employing of physical force when insulted or challenged (Wolfgang & Silverman, 2002). This is because such an insult would go down to the root of their incapability as to comprise of the so called 'sub-culture of violence'. The application of the subculture violence is shared among people of similar traditions, norms and beliefs. c) ‘Victomology’ This is also another sociological theory which essentially holds that a victim who has been subjected to neglect or abandonment by other individuals may most likely develop tendencies of violence and aggressive behavior. References Buss, D. M. (2008). Evolutionary psychology: the new science of the mind (3rd ed.). Boston: Pearson/Allyn and Bacon. Duntley, J., & Shackelford, T. K. (2008). Evolutionary Forensic Psychology Darwinian Foundations of Crime and Law.. Oxford: Oxford University Press, USA. LaFree, G. (1989). Rape and criminal justice: the social construction of sexual assault. Belmont, Calif.: Wadsworth Pub. Co.. Wolfgang, M. E., & Silverman, R. A. (2002). Crime and justice at the millennium: essays by and in honor of Marvin E. Wolfgang. Boston: Kluwer Academic. http://mindhacks.com 2005/05/05 minds designed for murder. Verkko, V. K. (1951). Homicides and suicides in Finland and their dependence on national character, with an additional chapter: The theories of Morselli and Ferri on homicides and suicides and the attitude to them of Tarde and Read More