NCJ Number
54973
Date Published
1979
Length
14 pages
Annotation
FOUR HOMICIDE CASES TAKEN FROM THE RECORDS OF THE HOUSTON, TEX., POLICE DEPARTMENT ILLUSTRATE A DISCUSSION OF CULTURAL SANCTIONS OF LETHAL VIOLENCE.
Abstract
EACH CASE TYPIFIES A DIFFERENT KILLER-VICTIM RELATIONSHIP AND SET OF CIRCUMSTANCES--THE SHOOTING OF A MAN BY HIS COMMON LAW WIFE; A CUCKOLDED HUSBAND'S SHOOTING OF HIS WIFE'S LOVER, WHO WAS ALSO HIS FRIEND; THE KNIFING OF A MAN BY ANOTHER MAN FOLLOWING A TRAFFIC ALTERCATION; AND THE NOTORIOUS HILL MURDERS DOCUMENTED IN THE BOOK 'BLOOD AND MONEY.' THE CASES ILLUSTRATE HOW INDIVIDUALS, UNDER CERTAIN SOCIAL CIRCUMSTANCES, MAY KILL WITH IMPUNITY. TEXAS STATUTES FORMALLY OMIT CONSIDERATIONS OF THE KILLER-VICTIM RELATIONSHIP AND THE SITUATION SURROUNDING A KILLING IN DETERMINING PENALTIES. BUT INFORMALLY, A KILLER'S LEGAL PENALTY, IF ANY, IS CLOSELY RELATED TO A SUBJECTIVE ASSESSMENT OF HIS 'STATE OF MIND' AND PURPORTED MOTIVE. WHEN A DEFENDANT'S OR SUSPECT'S STATE OF MIND IS JUDGED TO BE PASSIONATE, AND WHEN THE CONTEXT OF A KILLING IMPLIES SELF-DEFENSE, OFFICIALS ARE LIKELY TO DEVOTE ONLY CURSORY ATTENTION TO HOMICIDES. IF A KILLING CAN BE RELATED TO ACHIEVEMENT OF ANOTHER GOAL, THE AUTHORITIES MAY MAXIMIZE THEIR EFFORTS TO PUNISH THE CULPRIT. IT IS HYPOTHESIZED THAT PEOPLE, FROM OBSERVATIONS OF HOW OTHERS BEHAVE AND THE AUTHORITIES TREAT THOSE WHO USE VIOLENCE, DRAW CERTAIN CONCLUSIONS, PERHAPS UNCONSCIOUSLY, ABOUT WHAT FORMS AND DEGREES OF VIOLENCE SOCIETY WILL ACCEPT. THIS UNDERSTANDING, PRESENT TO DIFFERENT DEGREES IN DIFFERENT INDIVIDUALS, MAY AT SOME LEVEL FORM THE BASIS OF A DECISION TO RESORT TO VIOLENCE TO ACHIEVE A PERSONAL GOAL. THE NOTION OF A LINK AMONG CULTURAL VALUES AND SANCTIONS, INSTITUTIONAL RESPONSES TO HOMICIDE, AND INDIVIDUAL BEHAVIOR FINDS SUPPORT IN THE CASE STUDIES PRESENTED AND IN THE FACT THAT TEXAS HAS MORE HOMICIDES AND FEWER CONVICTIONS PER CAPITA THAN MOST OTHER STATES. SUCH A LINK MAY HELP TO EXPLAIN WHY SO MANY AMERICANS KILL EACH OTHER EVERY YEAR. THE TOTAL CULTURAL CONTEXT OF VIOLENCE MUST BE CONSIDERED AND UNDERSTOOD BEFORE ACTION CAN BE TAKEN TO DEAL WITH THE PROBLEM. A LIST OF REFERENCES IS INCLUDED. (LKM)