homicide/murder and robbery. murder ̶ defined defined as the unlawful killing of a human being with...

21
Homicide/Murder Homicide/Murder and and Robbery Robbery

Upload: egbert-armstrong

Post on 17-Dec-2015

224 views

Category:

Documents


2 download

TRANSCRIPT

Page 1: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Homicide/MurderHomicide/Murderandand

RobberyRobbery

Page 2: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Murder Murder ̶̶ Defined Defined

Defined as the unlawful killing of a human Defined as the unlawful killing of a human being with malice aforethoughtbeing with malice aforethought

Typical criminal code languageTypical criminal code language– A person who kills an individual without lawful A person who kills an individual without lawful

justification commits murder if, in performing justification commits murder if, in performing the acts that cause the death:the acts that cause the death:

He either intends to kill or do great bodily harm He either intends to kill or do great bodily harm He knows that such acts create a strong probability He knows that such acts create a strong probability

of death or great bodily harmof death or great bodily harm He is attempting or committing a forcible felony He is attempting or committing a forcible felony

other than voluntary manslaughter other than voluntary manslaughter

Page 3: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

The Legal Definition of The Legal Definition of Homicide Homicide Homicide is defined as the killing of a human Homicide is defined as the killing of a human

by another humanby another human The common notion that homicide and The common notion that homicide and

murder are synonymous is falsemurder are synonymous is false– The difference lies in the legality of the deathThe difference lies in the legality of the death– The question is the presence or absence of The question is the presence or absence of

criminality criminality Homicide can be justifiable or excusableHomicide can be justifiable or excusable

– State executionsState executions– Arrests by the police in some circumstances Arrests by the police in some circumstances – Self-defense Self-defense – War War

Page 4: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Criminal HomicideCriminal Homicide

The act is murder if the wrongdoer The act is murder if the wrongdoer accomplishes the crime with premeditationaccomplishes the crime with premeditation

The act is frequently referred to as a The act is frequently referred to as a premeditated design to killpremeditated design to kill

The state must prove that the accused The state must prove that the accused consciously intended to kill the victim consciously intended to kill the victim

WisconsinWisconsin’’s definition:s definition:– 940.01940.01 (1)(a) (1)(a) First-degree intentional homicide.First-degree intentional homicide.  

Whoever causes the death of another human being with Whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A intent to kill that person or another is guilty of a Class A felonyfelony

Page 5: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Criminal Homicide Criminal Homicide ((continuedcontinued))

Premeditation does not always imply the Premeditation does not always imply the existence of an elaborate planexistence of an elaborate plan– The time frame is not important (not defined in minutes, The time frame is not important (not defined in minutes,

hours, or days)hours, or days)– The fact that the design to kill was present before the The fact that the design to kill was present before the

act is criticalact is critical Murder can be accomplished without Murder can be accomplished without

premeditation premeditation ̶̶ two examples: two examples:– A criminal homicide can constitute murder even when A criminal homicide can constitute murder even when

premeditation to kill is lacking altogetherpremeditation to kill is lacking altogether When perpetrated by any act imminently dangerous to When perpetrated by any act imminently dangerous to

another another Evincing a depraved mind regardless of human lifeEvincing a depraved mind regardless of human life

– If the killing occurs during the commission of a felony If the killing occurs during the commission of a felony (felony murder) (felony murder)

Page 6: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

The FBI’s Uniform Crime Reporting (UCR) The FBI’s Uniform Crime Reporting (UCR) Program defines murder and nonnegligent Program defines murder and nonnegligent manslaughter as the willful (nonnegligent) manslaughter as the willful (nonnegligent) killing of one human being by another.killing of one human being by another.

The classification of this offense is based The classification of this offense is based solely on police investigation as opposed to solely on police investigation as opposed to the determination of a court, medical the determination of a court, medical examiner, coroner, jury, or other judicial body. examiner, coroner, jury, or other judicial body. The UCR Program does not include the The UCR Program does not include the following situations in this offense following situations in this offense classification:  deaths caused by negligence, classification:  deaths caused by negligence, suicide, or accident; justifiable homicides; and suicide, or accident; justifiable homicides; and attempts to murder or assaults to murder, attempts to murder or assaults to murder, which are scored as aggravated assaults.which are scored as aggravated assaults.

Page 7: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

According to the UCR, in 2012, an According to the UCR, in 2012, an estimated 14,827 persons were estimated 14,827 persons were murdered in the United States. This murdered in the United States. This was a 1.1 percent increase from the was a 1.1 percent increase from the 2011 estimate, but a 9.9 percent 2011 estimate, but a 9.9 percent decrease from the 2008 figure, and decrease from the 2008 figure, and a 10.3 percent drop from the a 10.3 percent drop from the number in 2003.number in 2003.

Page 8: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Murder Murder in Degreesin Degrees

Many states have assigned varying Many states have assigned varying degrees to the crime of murderdegrees to the crime of murder– First degreeFirst degree

Typically includes premeditated murderTypically includes premeditated murder

– Second degreeSecond degree An act creating a strong probability of An act creating a strong probability of

harm, which results in deathharm, which results in death

– Third degreeThird degree Deaths that result during the perpetration Deaths that result during the perpetration

(or attempt) of a felony (or attempt) of a felony

Page 9: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Current State of Current State of Criminal Homicide Criminal Homicide Accurate statistics are compiled by the FBIAccurate statistics are compiled by the FBI’’s s

Uniform Crime ReportUniform Crime Report The current U.S. annual rate of criminal The current U.S. annual rate of criminal

homicide is more than 14,000homicide is more than 14,000– Indicates a significant decrease of this serous Indicates a significant decrease of this serous

violent crime in the last seven yearsviolent crime in the last seven years– Homicide accounts for only about 1% of the total Homicide accounts for only about 1% of the total

violent crimeviolent crime– The decade rate of homicide is historically very The decade rate of homicide is historically very

highhigh Surpassing even the murder rates experienced during Surpassing even the murder rates experienced during

the violent Prohibition era of the 1920s and 1930sthe violent Prohibition era of the 1920s and 1930s ChicagoChicago’’s homicide rates are nearly triple the s homicide rates are nearly triple the

frequency encountered during the cityfrequency encountered during the city’’s murderous s murderous gangland period during prohibitiongangland period during prohibition

Page 10: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Why So Many Why So Many Murders?Murders? The relationship of drugs to murder is unmistakable The relationship of drugs to murder is unmistakable The rapid growth of drug gangs, particularly those The rapid growth of drug gangs, particularly those

dealing in cocaine dealing in cocaine – Washington, D.C. officials reported that 41% of all Washington, D.C. officials reported that 41% of all

homicides were drug-relatedhomicides were drug-related– 56% of the killings in Savannah, Georgia were similarly 56% of the killings in Savannah, Georgia were similarly

connected to drugsconnected to drugs The greatest frequency of murder occurs:The greatest frequency of murder occurs:

– During July and August During July and August – On holidaysOn holidays– On weekends On weekends – During evening and night hours During evening and night hours – In southern states In southern states – In large metropolitan areas In large metropolitan areas

Page 11: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Victims of Criminal Victims of Criminal Homicide Homicide 77% of victims are between 20 and 77% of victims are between 20 and

24 years of age24 years of age The residence is the most common The residence is the most common

murder location murder location Males account for 78% of all victimsMales account for 78% of all victims 9% are juvenile and male 9% are juvenile and male Racially, the victims are nearly evenly Racially, the victims are nearly evenly

split between blacks and whitessplit between blacks and whites

Page 12: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Victims of Criminal Victims of Criminal Homicide Homicide ((continuedcontinued)) Homicide is the leading cause of death Homicide is the leading cause of death

among black males 25 to 34 years of age among black males 25 to 34 years of age 44% of victims know their killer 44% of victims know their killer

(compared with 80% in 1970)(compared with 80% in 1970)– 13% are related13% are related– 31% are acquainted 31% are acquainted – Of female victims, 33% are slain by husbands Of female victims, 33% are slain by husbands

or boyfriendsor boyfriends 56% of all killings are classified as 56% of all killings are classified as

stranger homicides stranger homicides

Page 13: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Victim Precipitated Victim Precipitated Homicide Homicide

Such murders involve a conscious or Such murders involve a conscious or unconscious action by the victim that is a unconscious action by the victim that is a causative factor in the violent actcausative factor in the violent act– Victims dare their slayers to assaultVictims dare their slayers to assault– May provoke the assault by some other action May provoke the assault by some other action

such as: such as: Continually insulting individuals known to be armed and Continually insulting individuals known to be armed and

violentviolent Unfaithful wife precipitating her own death by continuing Unfaithful wife precipitating her own death by continuing

an affair after her husband has sworn to kill her if the an affair after her husband has sworn to kill her if the extramarital relationship is not terminatedextramarital relationship is not terminated

– Research studies indicated a substantial number of Research studies indicated a substantial number of homicides are victim precipitated homicides are victim precipitated

Page 14: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Offender Characteristics Offender Characteristics

Murder suspects Murder suspects – The majority of arrested murder suspects (70%) The majority of arrested murder suspects (70%)

are 17-34 years old (20-24 modal category)are 17-34 years old (20-24 modal category)– 90% are male 90% are male – 51% are black 51% are black – 46% are white 46% are white

Most offenders are in an emotional state of Most offenders are in an emotional state of extreme anger when they kill extreme anger when they kill

Typical murderers do not plan their crime Typical murderers do not plan their crime

Page 15: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Offender-Victim DyadsOffender-Victim DyadsA. Gender Dyad

– male on male– male on female– female on male– female on female

C. Race Dyad– black on black– white on white– black on white– white on black

Page 16: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Five Murder Causative Five Murder Causative Categories: Categories: Why People Why People

MurderMurder Emotional disputesEmotional disputes Matters of sexMatters of sex

– Jealousy is the causative factor Jealousy is the causative factor – Unfaithfulness is the precipitator Unfaithfulness is the precipitator

Related crimesRelated crimes– Normally during the commission of a felony Normally during the commission of a felony

Robbery Robbery Narcotics Narcotics

Severe mental abnormalitiesSevere mental abnormalities– Mentally illMentally ill– Mass murderersMass murderers

TerroristsTerrorists Individuals who experience sudden breakdownsIndividuals who experience sudden breakdowns Mentally ill persons who kill to relieve tensions Mentally ill persons who kill to relieve tensions

Benefit factors Benefit factors – To rid themselves of the attachment To rid themselves of the attachment – Financial motives Financial motives

Page 17: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Weapons Used in Weapons Used in HomicideHomicide Firearms are the predominate weapon Firearms are the predominate weapon

– 53% of murders were committed with handguns53% of murders were committed with handguns– 8% were committed with rifles or shotguns8% were committed with rifles or shotguns

30% of murders were committed with 30% of murders were committed with knives knives

The remainder of murders were committed The remainder of murders were committed with: with: – Blunt objects Blunt objects – PoisonsPoisons– FireFire– Direct violence applied by hands, fists, or feet Direct violence applied by hands, fists, or feet

Page 18: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Serial Murder Serial Murder Types Types Visionary: Kill in response to visions and/or voices –

psychosis apparent Mission-Oriented: mission in life is to rid society of

certain groups of people – clear target group Hedonistic: Kill because of some sort of satisfaction

derived from the murder – there’s a need to satisfy one of three things

Lust: fulfilling sexual need – sex and murder go together– Thrill: receive a high or a thrill from the killing –the process is

enjoyable– Comfort: need is primarily money or property

Power/Control: wants to exert power and control over helpless victims; killing is a long process because there is desire to see the victim beg for life; victims are killed when they no longer have desire to live

Page 19: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

Mobility Patterns– Traveling: Acts committed while

traveling through or relocating to other areas

– Local: Remain within a certain state or urbanized area to seek out victims

– Place-specific: Offenders who murder within their on homes, places of employment, institutions, or other specific places.

Page 20: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

RobberyRobbery

The FBI’s Uniform Crime Reporting The FBI’s Uniform Crime Reporting (UCR) Program defines robbery as (UCR) Program defines robbery as the taking or attempting to take the taking or attempting to take anything of value from the care, anything of value from the care, custody, or control of a person or custody, or control of a person or persons by force or threat of force persons by force or threat of force or violence and/or by putting the or violence and/or by putting the victim in fear.victim in fear.

Page 21: Homicide/Murder and Robbery. Murder ̶ Defined Defined as the unlawful killing of a human being with malice aforethought Defined as the unlawful killing

There were an estimated 354,520 robberies There were an estimated 354,520 robberies nationwide in 2012. The 2012 estimated number of nationwide in 2012. The 2012 estimated number of robberies 20.1 percent from the 2008 estimate.robberies 20.1 percent from the 2008 estimate.

The estimated robbery rate of 112.9 per 100,000 The estimated robbery rate of 112.9 per 100,000 inhabitants in 2012 showed a decrease of 0.8 inhabitants in 2012 showed a decrease of 0.8 percent when compared to the 2011 rate. In 2012, percent when compared to the 2011 rate. In 2012, robberies accounted for an estimated $414 million in robberies accounted for an estimated $414 million in losses. losses.

The average dollar value of property stolen per The average dollar value of property stolen per reported robbery was $1,167. Banks experienced the reported robbery was $1,167. Banks experienced the highest average dollar loss at $3,810 per offense. highest average dollar loss at $3,810 per offense. Among the robberies for which the UCR Program Among the robberies for which the UCR Program received weapon information in 2012, strong-arm received weapon information in 2012, strong-arm tactics were used in 42.5 percent, firearms in 41.0 tactics were used in 42.5 percent, firearms in 41.0 percent, and knives or cutting instruments in 7.8 percent, and knives or cutting instruments in 7.8 percent. Other dangerous weapons were used in 8.8 percent. Other dangerous weapons were used in 8.8 percent of robberies in 2012.percent of robberies in 2012.