Understanding Homicide – Research Paper

CCJ4935 Understanding Homicide – Research Paper Guidelines Fall 2020

A significant portion of your grade, or a full 20%, will be determined by an academically-based research paper on a topic related to homicide. The research paper is expected to be approximately 5-7 (double-spaced) pages in length (not including title page, references, etc.), to be research-based, and must have a clear focus and organization throughout—it can’t just be a gathering of articles that goes from a review of one to a review of the next without any purpose. It must also be properly cited and informed by the latest and most relevant theoretical and policy-related scholarly literature that relate to the research topic.

The focus of the research paper will be on an approved topic relevant to understanding homicide. While the choice of topic is ultimately up to you, I have provided a list of suggested (i.e., approved) topics or themes which are relevant to the study of homicide that you are encouraged to select and pursue. If you wish to write on a topic that is not on this list however, you must get my approval on the topic before you begin.

In terms of how to organize your paper, that will likely depend on the topic itself. Therefore, I think it is best to let you decide on how to organize and present the information about your topic. But if I was to do a paper on parricide, for example, I might organize it into these topics and subtopics:

1) Introduction to Parricide (definitions, history of parricide, modern evolution)

2) Literature Review (Heide Typology rubric subclassified across American parricide offenders literature, International parricide offenders literature)

3) Current Issues and Controversies (juvenile v. adult offenders, mental health issues such as antisocial and seriously mentally ill offenders, statutory inconsistencies across jurisdictions) and

4) Future Directions for Policy and Practice (treatment and outcomes for parricide offenders, case studies on outcomes for juvenile homicide offenders, what might be done concerning legal reforms for juvenile homicide offenders, education, media attention to these crimes)

A paper like this could easily include somewhere between 10-15 cites for all these topics, with each section having its unique literature review to back up the substantive discussion and organization of the paper. Moreover, I would organize each topic and subtopic using headings in bold font (e.g., Introduction; Classification of Parricide Offenders; Current Issues and Controversies in Parricide, etc.). For more examples on how to do this, look at how the literature you are reviewing organize and present information.

Important Guidelines: The required length is 5-7 double-spaced pages (12pt Times New Roman font with 1” margins) and the paper must follow proper APA citation and formatting. For a helpful site on APA formatting that includes examples, see: http://owl.english.purdue.edu/owl/resource/560/01/. The page limit does not include the title page or reference page which must be attached as a separate page following the final page of text (that is, if your final page of text is on page 7, then your reference list will start on page 8).

Your papers should be research-based and thus, must include at least 5 articles published in academic journals (i.e., peer-reviewed sources) and three of these should be recent or published within the past ten years. Finally, use the grading rubric attached to this assignment as a guide to writing and editing your papers.

Submission Guidelines: Papers are due on Monday November 23 (no exceptions). Papers that are not submitted before the start of class on November 23 (4:30pm) will be considered late and will not be graded for credit. Moreover, any papers believed to have been plagiarized with be immediately referred to Judicial Affairs for immediate academic referral and will not be handled informally. I take this issue very seriously. Please do not consider cheating on this assignment.

Papers will be submitted electronically via Canvas. More specifically:

•You will submit your paper to the Turnitin system in Canvas before the November 23, 4:30pm deadline. This system will screen your paper against a variety of databases for evidence of plagiarism. Be sure that your paper is free of plagiarism and sources are properly cited before submitting. A link to Turnitin it is available via the Research Paper page on Canvas. There is no limit as to how many times you can submit your paper to the Turnitin system (i.e., to check for unintentional plagiarism), however, only the most recent version submitted before the deadline noted above will be graded.

•When submitting to Turnitin, submit your document as .doc or .docx. Do not submit in PDF or any other format. For good measure, format the filename as follows: FullName_HomicideResearchPaper.docx. So, for example, Joe Dirt would submit his document as: JoeDirt_HomicideResearchPaper.docx

Approved Research Topics

1. Parricide, Familicide, Infanticide, or any of the “-icide” homicides discussed in class/your textbook.
2. Homicide clearance rates (including patterns and trends)
3. Recent trends in homicide rates (namely, the 2014-2016 homicide rise and so-called Ferguson Effect)
4. Intimate Partner Homicide 5. Stranger homicide
5. Justifiable homicide
6. Officer-involved shootings
7. Police officers killed in the line of duty
8. Serial murder, spree murder, or mass murder 10. School shootings
9. Workplace homicide
10. Hate crime and homicide
11. Genocide
12. Gang homicide
13. Confrontational homicide (i.e., honor contest homicide) 16. Victim precipitated homicide
14. Factors that contribute to homicide: Guns, Drugs, and Alcohol 18. Elder Homicide
15. Juvenile homicide (victims and offenders) 20. Victim—Offender overlap in homicide 21. Lethality assessments
16. Regional (southern) culture of violence and homicide 23. Medical resources hypothesis and homicide
17. Homicide investigation
18. Cold Case Homicide Investigation 26. Capital punishment and homicide 27. Victim rights movement and reforms
19. Role of gender in lethal violence (e.g., masculine homicide) 29. Murder—suicide
20. Mental Illness and Homicide
21. Insanity and Mitigation of Murder 32. ?

ANSWER

Justifiable Homicide

Introduction 

Justifiable homicide is a defense type applicable in the criminal law where a particular homicide circumstance makes a case not suitable to be a culpable homicide. These homicides are often referred to as no-fault homicides (Kaplan, Weisberg & Binder, 2014). The possibilities are often characterized by the lack of intent to commit the crime. Therefore, the person who committed the crime is often is left free. It is essential to note that this type of crime is not considered an offense, and it is different from other crimes like the crime of passion. For example, when defends their property, and in the process, a homicide occurs, the homicide may be justifiable if self-defense became an essential tool in defense of the property. The most common examples of justifiable homicide may include police shootings, capital punishment, and self-defense cases. In addition to these three, a homicide may be forgivable if the crime occurs in a person’s attempt to commit murder or a felony (Richardson & Goff, 2012). It is also a justifiable homicide if the offense is committed in property defense or against a person who intends to use violence. There are many types of justifiable crimes, but sometimes it feels like people take advantage of this law to commit a crime.

Literature Review 

In America, citizens have the privilege to have guns and firearms that they use for self-defense and protection, and it is stated in the Constitution (O’Shea, 2011). The Nevada Revision Statutes state that homicide is considered justifiable if and only if one is killed as a self-defense mechanism or in the protection of property. There have been various research work done on this topic and violence and self-defense issues (Flanders & Welling, 2015). In the case of violence, it can take multiple forms, i.e., physical body pains to emotional and psychological distress. Over the past few years, there has been an escalation of violence in the world. Killing another person because of self-defense or war is legal, and they are not considered as crimes. Taking another person’s life from an accident without the intention to do it is a crime in the United States (Blum, 2010). Still, it is not treated with the same degree as intentional crime, and hence in most cases, it is not severely punished.

The United States comprises of different people from various cultures, regional differences, and immigrants from all over the world. Therefore, it is not easy to foster harmony within people who have various cultural backgrounds (Matsumoto & Juang, 2016). The where, when, why, and how one uses force in self-defense is not an easy topic not only in the United States but also worldwide. In Western countries like the United States, the individual using force matters a lot. The use of force, i.e., the police, draws a line between aggression and self-defense, and sometimes, it becomes impossible to determine which is which (Reinold, 2011). We have had cases where people are shot dead by police officers because they put their hands in the pocket. In most of these occurrences, a shot individual is always a black man, and the police often defend themselves that they thought the black man was taking a gun from his pocket (Nunes, 2015). As a rule in the law, force must always be only when it is proportional and necessary in response to a case. However, even at that point, there is never clarity on the justifiability as it depends on various factors.

Current Issues and Controversies (juvenile v. adult offenders, mental health issues such as antisocial and seriously mentally ill offenders, statutory inconsistencies across jurisdictions)

Over the last decade, killings and murders in the self-defense name have doubled, and the number is continuously rising. For example, in Florida, the numbers have tripled since the Stand Your Ground law became effective in 2005 (Abuznaid et al., 2015). The law allows people to use deadly forces in their homes. In most justifiable cases, guns are used to commit crimes. Since implementing the SYG laws, lethal force usage in self-defense against an attacker is less costly for the defender. In the past few years, more so after the controversial case of State of Florida v. George Zimmerman’s verdict, there have been various discussions on SYG laws’ limits (Gruber, 2013). While other people argue that the rules are necessary for protecting an individual’s right towards self-defense, others are sure the laws is only an excuse for a person to pursue vigilant justice. While the SYG laws supporters argue that when one faces a dangerous situation, the choice to use dangerous weapons in a case where severe injuries and death can occur within seconds, the attacked individual should have the legal leeway (Beers, 2014). However, the law opposers argue that there are already existing laws and measures put aside that protect law-abiding citizens. Anything else does nothing if violence escalations and uncalled deaths.

There are potential risks that come with the SYG laws, and implementing them in states like Florida, for instance, increased the number of homicides (Guettabi & Munasib, 2018). It empowers the victim a lot considering that it is justifiable by the law if they commit the crime. There have been negative occurrences of the law; for example, two neighbors may fight over a simple thing like trash bins. As a result, one might take out their weapon and kill the neighbor and claim it was out of self-defense. The law encourages individuals to put violence as their first response and not try any other means before negotiations.

Future Directions for Policy and Practice 

Safety is an essential part of living in America. It is so because America has the highest rate of violence in the world. For instance, police are using their power and guns to hurt innocent people on the American streets. Therefore, to curb this, it might help develop better policies and strategies to control and prevent the death of innocent people. Since people can own guns and firearms, they often take advantage of their possession to commit homicides, regarded by various states as justifiable. There are different applicable policies and practices that people can use to curb this to prevent such cases. They may include the following;

There options of force. For example, instead of a police officer shooting a man on the street for a possible attempt to get a gun from their pocket, they can call for backup. In addition to this, there should be rules and policies against the police shooting civilians on the street. Once there is a situation of possible danger, a person wonders what step they should take next. If a person is victimized by crime, people react in different ways. For instance, in cases of possible danger some will remain passive, while others can respond differently by engaging actively in the situation at hand (Fichtner et al., 2017). These may include calling for backup so that others can intervene, trying to negotiate, or engaging in physical resistance. If a police officer is named because of an ongoing situation, they should not shoot to kill unless they are sure the attacker is armed.

Secondly, in self-defense, weapons can present a victim with suitable leverage to stop an attack. There are various physical resistance methods, and they can vary from using a firearm to intimidating the attacker into backing down (Collins, 2013). The availability of guns and their possessions by citizens encourage violence in the country. It is so because people take advantage of the control to kill others because of the Constitution, and the government permits and supports it. Attackers also use guns to coerce the victim into admitting and doing whatever they want. Most countries, more so the third world countries, are doing well without gun possession for citizens. Therefore, why can’t America imitate them and abolish the gun possession law? There should be laws on the possession and exclusion of some people from owning guns. Decreasing the number of firearms or altogether banning the possession can help in the reduction of homicides.

Conclusion

Justifiable homicides are crimes that are not punishable by law, and the law makes room for them. However, it is possible to conclude that there are cases where people take advantage of the existing law to commit offenses. It is fair that the law has excluded self-defense cases as justifiable and not punishable by the court of law. However, it would be better to apply some rules and regulations that determine whether the attacker deserved the death or what he got from the victim. Before the victim opts for killing the attacker, it would be better to choose other available options at the moment. Some attackers are mentally disturbed, and they act irrationally without thinking about the possible consequences. Therefore instead of rushing into murdering because it is justifiable, sometimes the attacker may not harm if they are talked to.

References

Abuznaid, A., Bettinger-Lopez, C., Cassel, C., & Jagannath, M. (2013). Stand your ground laws: International human rights law implications. U. Miami L. Rev., 68, 1129.

Beers, E. N. (2014). Stand Your Ground: An Analysis of Today and a Forecast of the Future.

Blum, G. (2010). The Laws of War and the Lesser Evil. Yale J. Int’l L., 35, 1.

Collins, R. (2013). Entering and leaving the tunnel of violence: Micro-sociological dynamics of emotional entrainment in violent interactions. Current Sociology, 61(2), 132-151.

Flanders, C., & Welling, J. (2015). Police Use of Deadly Force: State Statutes 30 Years After Garner. . Louis U. Pub. L. Rev., 35, 109.

Fichtner, J., Heemskerk, E. M., & Garcia-Bernardo, J. (2017). Hidden power of the Big Three? Passive index funds, re-concentration of corporate ownership, and new financial risk. Business and Politics, 19(2), 298-326.

Gruber, A. (2013). Race to incarcerate: Punitive impulse and the bid to repeal stand your ground. U. Miami L. Rev., 68, 961.

Guettabi, M., & Munasib, A. (2018). Stand Your Ground laws, homicides and gun deaths. Regional studies, 52(9), 1250-1260.

Kaplan, J., Weisberg, R., & Binder, G. (2014). Criminal law: Cases and materials. Wolters Kluwer Law & Business.

Matsumoto, D., & Juang, L. (2016). Culture and psychology. Nelson Education.

Nunes, I. S. (2015). Hands up, don’t shoot: Police misconduct and the need for body cameras. Fla. L. Rev., 67, 1811.

O’Shea, M. P. (2011). Modeling the Second Amendment Right to Carry Arms (I): Judicial Tradition and the Scope of Bearing Arms for Self-Defense. Am. UL Rev., 61, 585.

Reinold, T. (2011). State weakness, irregular warfare, and the right to self-defense post-9/11. American Journal of International Law, 105(2), 244-286.

Richardson, L. S., & Goff, P. A. (2012). Self-defense and the suspicion heuristic. Iowa L. Rev., 98, 293.

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