Homicide
Homicide is a broad term including both legal and illegal killing of a human by another. Homicide can be classified as murder which is the illegal killing of a person and manslaughter which is often justifiable. For instance, a person defending himself from a robber who broke into his house and ends up killing him (the robber) may be justified and the charges either lifted or reduced since he was defending himself. The distinction between murder and manslaughter as categories of homicide is done based on the intention of the person committing the homicide. Therefore, homicide can be classified into four; - murder, manslaughter, justifiable homicide and other types of homicides such as felony murder. A criminological review of homicide reveals that the different types highlighted are driven by different motivations. To understand how the mind of the person committing the crime works, it is important exploring the theories or crime relevant to homicide. The discussion will mainly focus on the sociological perspectives of criminal homicide based on description provided by the strain theory, social disorganization theory, and the rational choice theory.
The homicide rate keeps on rising in the United States. According to the FBI’s Uniform Crime Reporting (UCR) Program, 15, 696 criminal homicides took place in the United States in 2015 (Rosenfeld et al., 2017). This value was 1,532 higher than the number reported in 2014. With the rising numbers, there is immediate need to identify the motivations or loopholes in the society leading to the killings. Rosenfeld et al. (2017) identified a common trend in big cities where the number of homicide cases reported in 2015 and 2016 were higher than the numbers reported in the previous years. In 2016, the number reported were higher than 2015. Murder was the most common type of homicide reported. Murder, is broken down into two subcategories- first degree murder and second degree murder. First degree murder is identified as the most serious homicide charge. In such a case, there is clear intent to kill the person. In second degree murder, the person committing the crime may have planned it but did not have time to execute it. For example, a wife who finds her husband in bed with another woman and in rage shoots the two may be charged with second degree murder. In manslaughter, there is no intent to commit the homicide. A driver who causes a fatal accident may be charged with manslaughter. Manslaughter should be differentiated from justifiable homicide which is homicide happening in cases of self defense. In other types of homicide such as felony murder the defendant may have participated in the crime but did not actually kill the person. For example, in a robbery incidence, a person is murdered and so all the robbers are charged with felony murder since they did not directly cause the death.
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Theoretical Analysis
The Strain Theory
People kill other with intent for various reasons. In this case, focus will be drawn to non-justifiable homicide cases. According to Eriksson & Mazerolle (2013), men and women who kill an intimate partner experience qualitatively different emotions and situations in the months and weeks preceding the homicide. Regardless whether the homicide will be classified as murder, manslaughter or justifiable homicide, the strain theories provide a clear image of the emotional state of the person committing the crime. According to Agnew & Scheuerman (2015), strain theories state that certain stressors also referred as strains increase the likelihood of a crime. For example, taking the case of intimate partner homicide as described by to Eriksson & Mazerolle (2013), a partner who realizes their mate is cheating may be subjected to too much emotional suffering that they start entertaining the idea of killing them. Such a stressor should be neutralized before the crime is committed. The case is similar in several other cases of homicide. In most homicides involving revenge, the stressor is identified as an act that happened in the past and which the person committing the crime was unable to handle. Agnew’s general strain theory asserts that there are three main types of strains that can push a person to commit a crime. They include failure to achieve a set goal, removal of a positive impulse and the existence of harmful impulses. Existence of harmful impulses is attributed to most homicide cases involving intent.
Social Disorganization Theory
Social disorganization as defined in the social disorganization theory is the inability of community members to achieve shared values or to solve jointly experienced problems. Social disorganization has been identified as a major cause for homicides in different communities. According to Mares (2009), gang-motivated crimes in Chicago neighborhoods reported between 1985 and 1995 were mainly attributed to social disorganization. The American society, for instance, has come from high levels of racial polarity. Racial motivated crimes have been reported for long. In the 20thc century, the country made major steps to address the issue of racial polarity and reduce the prevalence of gangs which committed such crimes. A good example of such gangs is the Ku Klux Klan (KKK), a white supremacist gang that was associated with many murders in the United States. As a white supremacist gang, murders committed by the gang were highly specific and targeting individuals not fitting in their preferences. Therefore, social disorganization creates rifts in the community which serve as sufficient motive to drive/motivate the crimes.
Rational Choice Theory
The rational choice theory stipulates that individuals make rational choices based on rational calculations with the aim of meeting their personal objectives or goals. Cornish & Clarke (1987) argue that the rational choice theory can be considered to be a general theory of crime since in most crimes, individuals clearly understand the consequences but still proceed to engage in the crime. The rational choice theory can be used to understand homicide associated with intent. In such cases of homicide, the individual is ready to suffer the consequences of the crime no matter how severe they may be. During conviction, the prosecution establishes ‘mens rea’ as a way of confirming that the individual was in a capacity to make rational choices and harbor the consequences.
Policy Implications
The three theories can be used when developing policies to reduce homicide crimes in the society. Using the social disorganization theory, the differences among individuals in a given society should be addressed to reduce polarity that often leads to homicide. For instance, xenophobia, reported in countries like South Africa is due to unmanaged tension among community members. The strain theory should be used when developing policy by identifying stressors in the society and among individuals and neutralizing them before they reach a crisis level. For example, poverty is a major stressor pushing individuals to crime and leading to murders that could be avoided. In cases of intimate partner homicides, policies should be geared towards counseling the individuals before they start considering eliminating their partners. The rational choice theory should be used when punishing individuals for the crimes committed. Severe punishment should be administered to serve as a warning to those considering engaging in similar activities. Nonetheless, the three theories serve as an important foundation to start a policy debate about homicide and ways or reducing its prevalence in the society.
References
Agnew, R. & Scheuerman, H. (2015). Strain theories. https://doi.org/10.1093/obo/9780195396607-0005
Cornish, D. B., & Clarke, R. V. (1987). Understanding crime displacement: an application of rational choice theory. Criminology, 25 (4), 933–948. https://doi.org/10.1111/j.1745-9125.1987.tb00826.x
Eriksson, L., & Mazerolle, P. (2013). A general strain theory of intimate partner homicide. Aggression and Violent Behavior, 18 (5), 462–470. https://doi.org/10.1016/j.avb.2013.07.002
Mares, D. (2009). Social Disorganization and Gang Homicides in Chicago. Youth Violence and Juvenile Justice, 8 (1), 38–57. https://doi.org/10.1177/1541204009339006
Rosenfeld, R., Gaston, S., Spivak, H. & Irazola, S. (2017). Assessing and responding to the recent homicide rise in the United States. National Institute of Justice. https://centerforimprovinginvestigations.org/wp-content/uploads/2018/07/Assessing-Responding-to-the-Recent-Homicide-Rise-in-US_NIJ-2017.pdf