NCJ Number
43918
Journal
Kriminalistik Volume: 31 Issue: 8 Dated: (AUGUST 1977) Pages: 356-362
Date Published
1977
Length
7 pages
Annotation
THE DISCUSSION FOCUSES ON A MURDER CASE IN WHICH THE ONLY MOTIVE TO BE ESTABLISHED WAS ONE OF 'BLOODTHIRSTINESS'.
Abstract
ACCORDING TO A PARAGRAPH IN THE WEST GERMAN CRIMINAL CODE, THE MOTIVES BEHIND THE KILLING OF ANOTHER HUMAN BEING ESTABLISH THE FACTS OF THE CASE. IN NO OTHER CRIMINAL ACT IS THE QUESTION OF MOTIVE MORE DIRECTLY CORRELATED TO THE SEVERITY OF PUNISHMENT. IN MANY INSTANCES, HOWEVER, THE ATTEMPT TO ESTABLISH A MOTIVE FOR THE ACT REMAINS UNSUCCESSFUL. BLOODTHIRSTY MURDER POSES A SPECIAL PROBLEM; TO MANY PEOPLE IT APPEARS INCONCEIVABLE THAT SUCH AN ACT COULD BE COMMITTED OUT OF SHEER PLEASURE IN DESTROYING HUMAN LIFE. A NUMBER OF AUTHORS CITED HOLD THE VIEW THAT A BLOODTHIRSTY MURDER CAN ONLY BE CARRIED OUT BY THOSE NON COMPOS MENTI. THIS THEORY IS REFUTED THROUGH THE ILLUSTRATED CASE, IN WHICH THE PERPETRATOR WAS JUDGED TO BE TOTALLY CAPABLE OF TAKING PART IN A SOCIALLY RELEVANT SITUATION AND ACTING CRIMINALLY RESPONSIBLE. -- IN GERMAN.