Homicide Chapter 12
Homicide Chapter 12
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Homicide
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Homicide
Fiona Brookman
Introduction
Deconstructing Homicide
The term ‘homicide’ refers to the killing of a human being, whether the killing
is lawful or unlawful. Examples of lawful homicide would include the killing
of another human being during wartime combat, the implementation of the
death penalty or the accidental killing of a boxer by his opponent. Unlawful
homicide is legally classified, in England and Wales,1 as murder, manslaughter
or infanticide.2 Each of these categories share a common actus reus (guilty act).
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The phrase rerum natura refers to the notion that one can only be held to have
killed someone who is ‘in being’ (as opposed to an unborn child for example)
and the term ‘malice aforethought’ refers to the notion that a conviction for
murder requires proof of intention to kill. However, what is not clear from
the above extract is that intent to cause grievous bodily harm (that ultimately
results in death) is also sufficient for a conviction for murder.
The liability to conviction for murder may be reduced to manslaughter if
the killing stemmed from provocation, diminished responsibility or a
suicide pact (Homicide Act 1957). These are commonly referred to as forms
of ‘voluntary manslaughter’. Alternatively, where there is no apparent
intent to murder, an individual may be liable to conviction for ‘involuntary
manslaughter’ if it is shown that they acted in a reckless or grossly negligent
manner or that death resulted from an unlawful and dangerous act (adapted
from Ashworth and Mitchell, 2000). Finally, the defence of infanticide
applies when a woman causes the death of her biological child (who is less
than twelve months old) while suffering from some kind of psychological
imbalance linked to childbirth (e.g. postnatal depression). The Infanticide Act
1938 provides that a woman found guilty of infanticide should be dealt with
as though guilty of voluntary manslaughter. Manslaughter and infanticide
carry a maximum penalty of life imprisonment though often attract much
lower sentences.
The circumstances surrounding homicide vary enormously, as does public,
media and ultimately the criminal justice response to them. In England and
Wales during the last decade (1998–2008) 35–40 per cent of suspects indicted
for homicide offences were convicted of murder and around a third received
a conviction for manslaughter (figures for infanticide are negligible). The bulk
of the remainder of cases resulted in acquittals (20 per cent) with a small
number resulting in convictions for lesser offences (see Povey et al. 2009: 26).
Hence, while around 800 individuals are indicted for homicide each year
in England and Wales, approximately 60 per cent are seen to have done so
under some sort of mitigating circumstances or not to have committed the
homicide at all.
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• First degree murder:7 (a) intentional killings; (b) killing with intent to cause
serious injury where the killer was aware that his/her conduct involved a
serious risk of causing death (mandatory sentence of life imprisonment).
• Second degree murder: (a) killings intended to cause serious injury;
(b) killings intended to cause injury or fear or risk of injury where the killer
was aware that his or her conduct involved a serious risk of causing death;
(c) the result of a successful partial defence plea to first degree murder
(discretionary life sentence, with guidelines).
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There is insufficient space here to deal in any detail with the potential benefits
and limitations of the proposed new structure, suffice it to say that second
degree murder would incorporate the worse kinds of killing by recklessness
(that currently fall under manslaughter) as well as those committed as a
result of provocation or diminished responsibility. It would also capture some
offenders who would currently be convicted of murder.
A number of the more specific proposals for reform include extending
the provocation defence to those who have overreacted in response to a
fear of serious violence. Advocates of this reform suggest that it ‘arises out
of longstanding concerns that the law is too generous for those who kill
in anger and too harsh for those who kill out of fear of serious violence’
(Northern Ireland Human Rights Commission 2008: 4). Moreover, the defence
of provocation has been seen to be gender biased in that it requires evidence
of a sudden loss of self-control that often characterises circumstances where
men kill (and in particular when a man kills an intimate partner). In contrast,
female victims of domestic violence who kill their abusers often do so as
a result of cumulative provocation or long-term abuse and there may be
a ‘cooling-off’ time between provocation and reaction to it – which has
undermined the case for using this defence. At the other end of the spectrum
is a proposal to reconsider the law on complicity in relation to homicide.
The Commission recommends that individuals be found guilty of complicity
to murder if they have helped or encouraged a fatal attack, provided that
they realised murder might be committed by the perpetrator. This proposal
aims to tackle some of the difficulties involved in successfully prosecuting all
members involved in a lethal joint-venture attack – notably gangs of young
men (see Law Commission 2006a).
As Horder (2007: 29) points out, “[T]here are no easy or perfect solutions
to be found in this hinterland between murder and lesser homicide offences.”
For him, however, the creation of the three-tier structure ‘takes some heat out
of the debate’. To what extent and precisely when the new legislative powers
will come into being is currently unknown. What is clear, however, is that – if
and when it comes into law – this will be the first substantial overhaul of the
legal framework of homicide in England and Wales for over 500 years.
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Homicide
Source: Tavares and Thomas (2008). The Northern Ireland figure is an average for the
three-year period 2004–6.
84,000 robberies, and over 41,000 serious sexual crimes (see Kershaw et al.
2008: 25). Provisional data for 2008/9 show the police recorded 648 incidents
of homicide, a decrease of 17 per cent on the previous year and the lowest
recorded level in the last 20 years. The number of attempted murders also
decreased (Walker et al. 2009).8
As Figure 12.1 illustrates there has been a steady increase in the number
of homicides in England and Wales since the mid-1960s. There was also a
sudden spike in 2003, with over 950 homicides recorded. However, this peak
is almost wholly artificial – the result of 172 homicides attributed to the serial
killer Harold Shipman being coded to this time period.9 This and other unusual
events can artificially inflate the overall figures and particular characteristics
of homicide for that period. For example, the vast majority of Shipman’s
victims were elderly females whom he killed by administering lethal doses
of (in the main) morphine and diamorphine and so for 2002/3 the proportion
of female victims of homicide is unusually elevated, as is death by poisoning
(see Cotton and Bibi 2005). Overall, the offences attributable to Shipman
artificially inflated the homicide rate by 20 per cent during 2002–3. While
this one-off peak is artificial, the general upward trend is not. Homicide has
increased since the mid-1960s in Britain and this is characteristic of homicide
across Europe (see Spierenburg, 2008: 208).10 For example, the homicide rate
has almost doubled from 7.3 per million population in 1967 to 14.1 per million
Figure 12.1 Annual totals of recorded homicide in England and Wales, 1967–2007/8
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population in 2007/8 in England and Wales. On the other hand, the rise
appears to have been abating across some parts of Europe and the US (see
Miethe and Regoeczi 2004, regarding US rates). This pattern has not yet been
reflected in England and Wales, unless the above-mentioned fall in homicides
in 2008/9 represents the first signs of a trend reversal.
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Table 12.2 Homicide rates per 100,000 population, selected countries of the world by
region, 2004–6
Source: Adapted from UNODC (United Nations Office on Drugs and Crime) (2008),
International Homicide Statistics and (for EU countries) Table 2, Tavares and Thomas
(2008) Crime and Justice Statistics. The former cover the period 2004 only and the
high estimate has been included here.
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Japan has fewer homicides per capita than almost any other nation and
the rate has dropped some 70 per cent in the last 50 years (Johnson 2008).
Moreover, the demographic group most responsible for the dramatic decline
is young men aged 20–24; the murder rate among them is now one tenth of
what it was 50 years ago. The ‘vanishing young male killer’ (Johnson 2008)
has been described as unprecedented (Uchiyama 2003). There are no clear
answers yet as to what factors have brought about the dramatic decline of
homicide in Japan. Johnson speculates that Japan’s postwar commitment
to antiwar values (including a pacifist constitution) may have strengthened
inhibitions against killing in Japanese culture. Alternatively, growing affluence
in Japan in the absence of pockets of poverty and, thereby, relative deprivation
(that often characterises other developed nations) may be significant. What is
also striking about Japanese culture is that it has the highest suicide rates
in the developed world. Males commit almost three-quarters of suicides in
Japan and it is now the second leading cause of death among young Japanese
people aged 15–24 and the leading cause of death amongst those aged 25–39
leading Johnson (2008: 155) to urge that the possible links between suicide
and homicide be explored.
Moving to the other extreme, Krause et al. suggest that the high homicide
rates in Africa may be associated with a series of social and economic
indicators often linked to crime including ‘a low overall Human Development
Index12 (HDI), low economic performance, high levels of income inequality, a
youthful population, rapid rates of urbanization, poorly resourced criminal
justice systems, and a proliferation of firearms, related in part to the recurrence
of conflict in all regions of the continent’ (UNODC 2005: ix, cited in Krause
et al. 2008: 72). Moreover, there is a plausible link between armed conflict
and homicide rates both during and after hostilities in that the psychological,
social and economic impact of war combined with an increased availability of
weapons may contribute to homicide levels (UNODC 2005).
McAlister (2006) has found some evidence to suggest that international
variation in homicide rates may be attributable to cultural differences in
acceptance of moral justifications for killing. In combined data from four
surveys of young people and adults in 19 nations, McAlister found that
national and regional attitudes toward killing were strongly related to homicide
rates. Association does not, of course, mean that the two are causally related.
Rather, a third (unknown) variable might explain the presence of both high
rates of homicide and high levels of acceptance of killing. Moreover, even if
there is a causal connection, it is not clear in which direction it works. For
example, high homicide rates in a particular jurisdiction may affect residents’
acceptance of homicide (they may become desensitised for example), or pro-
violence sentiments may indeed affect levels of homicide (see subcultural
explanations later).
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details of the homicide event.14 It is important to note that while the data
available on homicide are more comprehensive than is generally the case for
other offence categories, certain kinds of killings are not routinely included
in the Home Office homicide statistics – such as those that arise as a result of
dangerous driving or corporate negligence or neglect (Brookman 2005). This
has important implications regarding the overall shape or picture of homicide
and skews it in certain directions – not least in terms of the social class and
ethnicity of those involved.
Ethnicity
It is now well established that black and Asian people are over-represented
as both victims and offenders of homicide. For example, for the period 2003–
5, black people were 5.5 times more likely to fall victim to homicide than
whites and Asian people were 1.8 times more likely than white people to
become victims of a homicide (CJS Race Unit 2006: 7).15 Black individuals
comprise 14 per cent of homicide victims despite them comprising less than
3 per cent of the population of England and Wales (Census 2001). Whites
make up over 90 per cent of the population but only 73 per cent of homicide
victims. Homicides involving a black victim exhibit some distinct qualities.
Male Female
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For example, during the last decade (1998–2008) almost a third of black
victims were shot, compared to 5 per cent of white victims, 9 per cent of
Asians and 7 per cent of other ethnic groups. Blacks are also more likely
than other ethnic groups to be killed with a sharp instrument (40 per cent of
black victims compared to around a third of all other groups). Finally, it is
more common for homicides involving black victims to remain unsolved (28
per cent) in comparison with white or Asian victims (11 per cent) (CJS Race
Unit 2006). This may be a reflection of particular difficulties associated with
investigating shooting incidents or, as is widely perceived within minority
ethnic communities, because such cases are investigated less rigorously (see
Phillips and Bowling 2007).
Finally, non-white people are over-represented as homicide offenders, with
blacks comprising 12 per cent of offenders, Asians 7 per cent and other non-
white groups 3 per cent. More than one-fifth (21 per cent) of all homicide
suspects between 1998 and 2008 were non-white males. We will explore
later in the chapter the possible reasons for the over-representation of ethnic
minority groups in homicide.
Victim-offender relationship
Around a quarter of homicides occur among friends or social acquaintances,
16 per cent among intimate partners/ex-partners and 15 per cent among
strangers. Seven per cent involve the murder of a son or daughter and a
further 5 per cent involve the killing of another kind of family member (e.g.
an in-law or sibling. Business and criminal associates comprise a further 7 per
cent (see Figure 12.2).
Unsurprisingly perhaps, these patterns vary by gender. For example, of the
208 females killed in England and Wales in 2007–8, 35 per cent were killed
by a partner or ex-partner (compared to just 6 per cent of male victims), 22
per cent by another family member (compared to just 11 per cent of males)
and only 13 per cent of female victims were killed by a stranger (compared
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Other known
1%
Other family
5%
Stranger
Son/daughter
15%
7%
Criminal associate
Partner/ex-partner
2%
16%
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and kicking (an average of 13 per cent over the last decade) and assaults with
blunt instruments (8 per cent average). An average of 6 per cent of victims
are strangled (generally female victims of male attacks) and a further 4 per
cent of victims are suffocated (generally infants).
Despite increased concern and attention to shooting incidents, there has not
been an upward trend in the number of fatal shootings in the UK. Firearms-
related homicides ranged between 6 and 12 per cent in the last decade in
England and Wales (an average of 8 per cent and 64 cases each year). Most
recently fatal shootings accounted for 7 per cent of homicides in England
and Wales (and 4 per cent in Scotland) (Povey et al. 2009; and Scottish
Government 2008). While there has been a certain level of exaggerated media
(and government) coverage of fatal shootings, this should not distract from
the fact that lethal weapons permeate sections of certain cities in the UK and
particular contexts much more than others, thereby making it more likely that
minor disputes end lethally. Shootings almost always occur among young
males and sometimes emerge in the context of rival gang activity (whether
in relation to the protection of lucrative drug dealing ‘turf’ or ‘status’ and
reputation confrontations – see section on making sense of seemingly senseless
acts below). Despite the high profile of such killings they present the police
with particular challenges in terms of identifying suspects – i.e. suspects have
not been identified in one-third of fatal shootings recorded during the last
decade. In stark contrast, suspects remain unidentified in just 8 per cent of
homicides that were not perpetrated with a firearm.
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and violence, Goldstein (1985) suggests that there are at least three distinct
levels at which one might uncover a relationship; (a) psychopharmacological
(i.e. the effects upon one’s mind and body); (b) economic compulsive (the
notion that individuals commit violent crimes, such as robbery, to secure the
funds to sustain a drug habit); and ‘systemic’ (which refers to the violence
associated with the often very lucrative supply and distribution of drugs
that can lead to territorial disputes within the drugs trade (see Bennett and
Holloway, this volume). Moreover, the links between alcohol and homicide
and drugs and homicide are somewhat distinct. For example, recent research
by Chapple (2008) indicates some interesting differences between alcohol-
related homicides, drug-related homicides and non-substance related
homicides in England and Wales. Alcohol-related homicides were more likely
than other homicides to involve a friend or former friend, no weapon use and
some kind of quarrel or dispute. Drug-related homicides were more likely
than other homicides to involve an acquaintance, shooting the victim and
economic motivation.
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Cultural influences
While structural theories focus upon the social conditions that can foster
crime, cultural theorists focus upon the ideas and values that particular
groups hold and how these can generate involvement in crime. For example,
the ‘subculture of violence’ theory (Wolfgang and Ferracuti 1967) starts from
the premise that homicide predominantly occurs among individuals from
the lowest socio-economic groups in society and that the lethal encounters
in which they become embroiled often arise from trivial incidents – such as
minor insults or scuffles. These findings can apparently be explained by the
fact that the vast majority of these people share beliefs that are conducive to
the use of force and violence when insulted or challenged such an exaggerated
sense of honour, courage and manliness (see Curtis 1975). Research in this
area has burgeoned recently with various criminologists exploring ‘codes of
the street’ (Anderson 1999) and how these codes demand violent responses
to interpersonal confrontation and vengeance and retaliation for certain
infractions (Anderson 1999; Hochstetler and Copes 2003; Jacobs and Wright
1999; Wright et al. 2006). These accounts provide rich descriptions of the
circumstances under which such violence is approved or even demanded
and, to varying degrees, acknowledge that such cultures are formed as a
result of the marginalisation of certain sections of society. For the most part,
the theories that have developed focus upon street cultures and fit well with
Bourgois’ definition of street culture (2003: 8): ‘a complex and conflictual web
of beliefs, symbols, modes of interaction, values and ideologies that have
emerged in the opposition to exclusion from mainstream society’. For Bourgois,
street culture is an alternative forum for autonomous personal dignity where
power in mainstream society has been denied (see also Sandberg 2008). These
accounts, then, recognise the critical link between structural forces and the
development of violent street cultures.
Both cultural and structural explanations suffer from the age-old problem
of over-prediction. Explanations of relative deprivation or poverty and
homicide, for example, cannot account for the fact that most people suffering
from economic inequality do not engage in violence. This point is particularly
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pertinent when gender is entered into the equation. How might we explain
the very low rates of female homicide while acknowledging that women are
among the most disadvantaged of citizens (see Wilson 1993)? Similarly, not
all members of a violent subculture engage in violence all of the time and
few become embroiled in lethal violence (leading some critics to challenge
the notion of a distinct violent subculture that approves of violence in general
– see Corzine et al. 1999). As Levi (1997: 860) notes, such accounts ‘seldom
generate anything close to a causal account which makes sense of non-
violence as well as of violence’. This is because, in isolation, both cultural and
structural approaches fail to specify the situational conditions that channel
particular dispositions for violence into concrete lines of action. Incorporating
situational analyses into the equation helps to overcome this weakness. As
Luckenbill and Doyle (1989: 421) state: ‘Violence is performed by individuals
in the context of face-to-face interactions and therefore involves a number of
psychological and interpersonal processes.’
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Males who are well integrated into roles of economic success are able
to ground their masculinity through methods other than physical
confrontations and violence. For economically marginal males, however,
physical toughness and violence become a major vehicle for the assertion
of their masculinity and a way of defending themselves against what
they see as challenges from other males. (Polk 1994b: 187)
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Integrated Approaches
It is not possible to do justice to the complexity of homicide without
acknowledging the interplay of structural, cultural and situational factors. For
example, Luckenbill’s work, while valuable in unpacking the micro-situational
dynamics of homicide, failed to look outward from the encounter to the social
and economic forces that set the context for such lethal violence to occur.
What occurs in specific settings, while in part a product of that particular
environment, is also a product of wider structural forces that themselves pave
the way for the development of particular cultural adaptations and values
that may support violence as a way of dealing with conflict; in short, arenas
of interaction are not hermetically sealed from the outer world. Untangling
the relative effects of structure, culture and situational factors is a complex
business but increasingly researchers are moving away from uni-dimensional
approaches. Bernard (1990), for example, charts the mechanisms that mediate
between negative structural conditions and expressions of ‘angry aggression’
among the ‘truly disadvantaged’. Bowling (1999) similarly linked the macro-
structural forces of economic recession and poverty to the emergence of despair
and relative deprivation at the community and individual level while also
acknowledging the importance of the development of lucrative crack and heroin
markets and the widespread availability of guns (situational) in his exploration
of the dramatic surge in New York murder in the 1980s. Furthermore, some
theorists focus upon particular types of homicide, allowing them, arguably, to
be more context-specific (Polk 1994a; Brookman, 2005). For example, Kubrin and
Weitzer (2003) examined the intersection of structural and cultural influences
upon retaliatory homicide in St Louis, Missouri, while Williams and Flewelling
(1988) found that different cultural and structural factors had varied impacts
upon different types of homicide. Finally, recent analysis of the emergence
of gang-related homicides in particular parts of the UK also provides a clear
illustration of the value of adopting an integrated approach.
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There is a good deal of evidence from international research that street gangs
emerge and flourish where inequality and marginality prevail. Vigil (2006: 22),
for example, argues that ‘the street gang is an outcome of marginalization, that
is, the relegation of certain persons or groups to the fringes of society where
social and economic conditions result in powerlessness’. He used the term
‘multiple marginality’ to express the extent and complexity of the forces that
set the context for the emergence of street gangs. These include macro-historical
forces (racism, social and cultural repression and fragmented institutions) and
macrostructural (immigration and migration and the development of migrant
poor barrios/ghettos) (pp. 22–3).
Pitts’ (2008) research into armed youth gangs in London neatly illustrates the
powerful role of structural changes in Britain in the emergence of violent gangs.
Pitts (2008: 56) suggests that there have been ‘seismic economic and political
changes’ in the UK in the past two decades that have led to the emergence
of US-style armed youth gangs. These changes include: (a) the widening gap
between rich and poor; (b) the concentration of the poorest sections of the
population in social housing; and (c) structural youth unemployment (due to
the decline of Britain’s industrial base). Ultimately, segregation, marginalisation
and the creation of ‘discredited populations’ (Baum 1996, cited in Pitts 2008:
63) set the scene for the development of gangs and gang violence. How,
precisely? Some theorists have suggested that frustration and rage born of
injustice (see Bernard 1990) breed ‘norms and narratives supportive of gang
violence’ (Kennedy 2007, cited in Pitts 2008). Other researchers focus more
upon the psychological strain that negative neighbourhood conditions foster
noting that stress strips those affected of their coping skills and can impact
negatively upon their assessment of risk; minor insults are seen as major
threats (see Bernard 1990; Niehoff 1999; Vigil 2006) and a ‘soldier mentality’
characterised by heightened sensitivity to threats and a constant preparedness
for action prevails (Sampson and Lauritsen 1994). Still others make reference
to competition over scarce resources, observing that individuals raised in
impoverished environments learn that they must be aggressive in their efforts
to compete for scarce resources (see Sánchez-Jankowski 2003; see also Daly
and Wilson 1988, 1990, for an evolutionary twist on this position). What
each of these theorists agree upon is that material conditions establish the
foundations for a ‘culture of force’ that can ultimately be labelled a ‘culture
of violence’ (Sánchez-Jankowski 2003: 209). Specific situational contexts then
promote the enactment of these cultural codes or, as Copes and Hochstetler
(2003: 301) put it: ‘Certain settings and activities trigger cognitive frames that
make offending seem reasonable.’ An example of such an activity would
be drug dealing and the setting would include particular housing estates
or neighbourhoods where gangs compete to control the sales of drugs.
Involvement in drug dealing inevitably heightens the risk of gang violence
and victimisation as members’ routine activities expose them to volatile and
unpredictable situations (Maher this volume; Chapple 2008). Where firearms
or other lethal weapons are readily available the chances of minor disputes
ending fatally is, of course, considerably enhanced. Moreover, the nature of
their illicit activities (e.g. drug dealing and the carrying of firearms) places
gang members outside formal avenues of redress so that they are not in
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a position to call upon the criminal justice system to assist when they fall
victim to violence – even if they wanted to. As Topalli et al. (2002: 341) state:
‘As drug dealers conduct their trade outside the limits of legal protection, a
reputation for formidability represents one of the only mechanisms available
to them for deterring victimization.’ In short, a ‘menacing and capable’ street
reputation is especially critical for men inhabiting this social setting and they
are particularly sensitive to challenges to their courage and character (pp.
340–3). What these kinds of accounts clearly demonstrate is the intersection
between structural disadvantage, cultural adaptations and micro-action on the
street (see also Rosenfeld et al. 2003).
In conclusion, making sense of homicide requires that we unravel the
structural, economic and social forces that constrain individuals’ chances
and choices (Pitts, 2008) as well as the cultural and micro-situational pushes
and pulls towards violence. Putting all the pieces of the puzzle together is
a complex task. However, there is little doubt that such endeavours lead to
richer and more meaningful accounts of homicide (and violence generally)
than those that remain more narrowly focused.
Responding to homicide
Just as explanations of homicide are many and varied, so too are responses
to it. Moreover, there is something of a debate regarding the extent to
which homicide should be conceived as a distinct phenomenon (requiring
very specific kinds of explanations and control strategies) or whether, on
the other hand, it can be understood as an extreme manifestation of serious
violence. It has been argued by a number of writers that the dynamics of
homicide are basically identical to those of other forms of violence (Fyfe et
al. 1997), differing in outcome rather than process. Whether the victim dies,
according to this viewpoint, is often happenstance. Others note that there are
some homicides in which the perpetrator fully intends to kill (as opposed to
injure) the victim and ensure his or her death (see Fyfe et al. 1997; Felson and
Messner 1996). Ultimately the two arguments are not incompatible. Clearly,
there are homicides which are similar in dynamics to other acts of violence
and homicides which are not (Brookman and Maguire 2005).
Broadly speaking, approaches to reduce or prevent homicide fall into one
of the following categories:
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This message is all the more pertinent given the current climate of global
economic recession and the widening gap between rich and poor.
Concluding comments
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Until relatively recently there was not a great deal written by the academic community
about homicide in the UK. Rather, the literature was dominated by research and theory
from the USA and, to a lesser extent, Australia and some parts of Europe. The most
recent comprehensive overview of homicide in the UK can be found in Brookman’s
Understanding Homicide (2005). Polk’s (1994) When Men Kill is also a valuable text to
consult and is broader than the title suggests while Spierenburg’s (2008) A History
of Murder is an essential read for those wishing to locate murder in its historical
context – he charts the changing patterns of homicide across Western Europe since
the late Middle Ages. The annual homicide statistics published by the Home Office
and available online provide a useful overview of patterns and trends on homicide
in England and Wales. The most recent are available at: [Link]
uk/rds/pdfs09/[Link] (they tend to be released in February each year). The
Scottish Government provide a similar set of annual statistics on their website (http://
[Link]). The most recent are available at: [Link]
uk/Publications/2008/12/15155727/0. In terms of the investigation and detection of
homicide, by far the best text is Innes’ (2003) Investigating Murder: Detective Work and
the Police Response to Criminal Homicide. A useful overview of the scope for reducing
and preventing homicide can be found in Brookman and Maguire (2005) Reducing
Homicide: A Review of the Possibilities. Finally, the journal Homicide Studies (Sage) is
worth consulting on a regular basis and is the only journal dedicated to research
papers from various parts of the world dealing specifically with homicide.
Notes
1 Of the four countries that make up United Kingdom, England and Wales share
a common legal system and are treated as a single entity for the purposes of
recording crime. Scotland has a very different legal system based on Roman law
whereby offence definitions are often inconsistent with those of England and
Wales. Northern Ireland has a separate criminal justice system that has been
profoundly affected by terrorist troubles. Due to these anomalies, and for the sake
of clarity, it will be necessary to deal mainly with the law related to homicide in
England and Wales, referring separately to Scotland and Northern Ireland where
necessary.
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2 Scottish law makes a similar distinction between murder and common law culpable
homicide but does not have separate legislation for the killing of infants.
3 Deaths caused by dangerous or careless driving or while under the influence of
alcohol or drugs are dealt with by separate legislation (see Road Traffic Acts 1988
and 1991).
4 Prior to 1965, with the passing of the Murder (Abolition of the Death Penalty)
Act, murder was a capital offence.
5 Until 1996 an individual could not be prosecuted for murder if the individual they
had harmed died after a year and a day of the original attack. One of the original
rationales for this rule lay in the difficulty in proving a causal connection between
old injuries and subsequent death. However, this rule came under increasing
criticism, especially as modern medicine and life-support machines meant that
a murderer could avoid liability simply because of lengthy medical attempts to
save someone’s life. Hence in 1995 the House of Commons’ Select Committee
on Home Affairs and the Law Commission produced papers recommending the
abolition of the rule, and Parliament did so in the Law Reform (Year and a Day
Rule) Act 1996.
6 There have been just five recorded cases of corporate manslaughter since 2000 in
the homicide statistics for England and Wales which bears no resemblance to the
number of lives lost due to corporate negligence and neglect (see Toombs this
volume).
7 In their original proposals the Law Commission restricted first degree murder to
intentional killings only (see Law Commission 2005: 249–58).
8 Caution is needed when interpreting these preliminary figures because deaths
that are not initially believed to be suspicious may be recategorised as homicides
at a later date. Hence these unconfirmed data have not been included in Figure
12.1.
9 Harold Shipman was convicted in January 2000 of murdering 15 of his patients
while he was a general practitioner in Hyde, Greater Manchester. The independent
public inquiry identified a further 172 victims – believed to have been killed over
an estimated 25-year period. These additional homicides were recorded by Greater
Manchester Police in 2002/3 and thus appear in the 2002/3 homicide figures (see
Smith 2002). Other events of note include the 52 victims of the 7th July London
bombings (recorded in 2005/6) the 20 cockle pickers who drowned in Morecambe
Bay (recorded 2003/4) and the 58 Chinese nationals who collectively suffocated in
a lorry en route in the UK (recorded 2000/1).
10 That said, current homicide rates are insignificant when compared to the incidence
in the Middle Ages or 1700s (see Spierenburg 2008).
11 For further discussion of longer-term homicide trends and their links to the
political economy see Eisner (2001) and Spierenburg (2008).
12 The HDI combines measures of life expectancy, literacy, education and gross
domestic product (GDP) per capita as a means of measuring the comparing levels
of human development (Krause et al. 2008: 72).
13 This section focuses principally upon England and Wales and includes analysis
of the Home Office Homicide Index 1998–2008 as well as relying upon the most
recent homicide statistics published by the Home Office (see Povey et al. 2009).
14 The Home Office and Scottish Government publish annual homicide statistics that
are generally much more detailed and informative than those that are available for
other offences. The reader is referred to these publications as well as Brookman
(2005) for further detailed analysis of offender, victim and offence characteristics.
15 This excludes 172 homicides of white people killed by Harold Shipman and the
20 Morecambe Bay homicides as these cases unusually skew the data.
239
Handbook on Crime
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