Chapter 1 Statement of the Problem, Historical Background
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A Distributive Theory of Criminal Law
William & Mary Law Review Volume 52 (2010-2011) Issue 1 Article 2 October 2010 A Distributive Theory of Criminal Law Aya Gruber [email protected] Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Criminal Law Commons Repository Citation Aya Gruber, A Distributive Theory of Criminal Law, 52 Wm. & Mary L. Rev. 1 (2010), https://scholarship.law.wm.edu/wmlr/vol52/iss1/2 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr William and Mary Law Review VOLUME 52 NO. 1, 2010 A DISTRIBUTIVE THEORY OF CRIMINAL LAW AYA GRUBER* ABSTRACT In criminal law circles, the accepted wisdom is that there are two and only two true justifications of punishmentretributivism and utilitarianism. The multitude of moral claims about punishment may thus be reduced to two propositions: (1) punishment should be imposed because defendants deserve it, and (2) punishment should be imposed because it makes society safer. At the same time, most penal scholars notice the trend in criminal law to de-emphasize intent, centralize harm, and focus on victims, but they largely write off this trend as an irrational return to antiquated notions of vengeance. This Article asserts that there is in fact a distributive logic to the changes in current criminal law. The distributive theory of criminal law holds that an offender ought to be punished, not because he is culpable or because punishment increases net security, but because punishment appropriately distributes pleasure and pain between the offender and victim. -
The Expressive/Transformative Process of Violence Lee Mellor A
I Kill, Therefore I Am: The Expressive/Transformative Process of Violence Lee Mellor A Thesis In the Individualized Program Presented in Partial Fulfillment of the Requirements For the Degree of Doctor of Philosophy (Individualized Program) at Concordia University Montreal, Quebec, Canada July 2018 ©Lee Mellor, 2018 !"#!"$%&'()#&*+$,&-.( ,!/""0("1(2$'%)'-+(,-)%&+,! This is to certify that the thesis prepared By: Lee Mellor Entitled: I Kill, Therefore I Am: The Expressive Transformative Theory of Violence and submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Individualized program (INDI)) complies with the regulations of the University and meets the accepted standards with respect to originality and quality. Signed by the final examining committee: "#$%&! '&(!"#$&)*+!,*%++! !-./*&0$)!-.$1%0*&! '&(!2$&%0$!34&45#%0+6%! !-./*&0$)!/4! 7&48&$1! '&(!9&*8!:%*)+*0! !-.$1%0*&! '&(!-&%5!;%56*<! !-.$1%0*&! '&(!=1<!3>%??*0! -.$1%0*&! !'&(!@%A*6!@*06$/*+#! B#*+%+!3CD*&A%+4&! '&(!E*$0F,45#!G$C&*05*! =DD&4A*H!I<! '&(!,$5#*)!J*&8*&K(9&$HC$/*!7&48&$1!'%&*5/4&! !'*5*1I*&!LK!MNOP! '&(!7$C)$!Q44HF=H$1+K!'*$0! !35#44)!4?!9&$HC$/*!3/CH%*+ Abstract I Kill, Therefore I Am: The Expressive/Transformative Process of Violence Lee Mellor, Ph.D. Concordia University, 2018 Before the late-Industrial age, a minority of murderers posed their victims’ corpses to convey a message. With the rise of mass media, such offenders also began sending verbal communications to journalists and the authorities. Unsurprisingly, the 21st century has seen alienated killers promote their violent actions and homicidal identities through online communications: from VLOGs to manifestos, even videos depicting murder and corpse mutilation. -
Mass Murder and Spree Murder
Two Mass Murder and Spree Murder Two Types of Multicides A convicted killer recently paroled from prison in Tennessee has been charged with the murder of six people, including his brother, Cecil Dotson, three other adults, and two children. The police have arrested Jessie Dotson, age 33. The killings, which occurred in Memphis, Tennessee, occurred in February 2008. There is no reason known at this time for the murders. (Courier-Journal, March 9, 2008, p. A-3) A young teenager’s boyfriend killed her mother and two brothers, ages 8 and 13. Arraigned on murder charges in Texas were the girl, a juvenile, her 19-year-old boyfriend, Charlie James Wilkinson, and two others on three charges of capital murder. The girl’s father was shot five times but survived. The reason for the murders? The parents did not want their daughter dating Wilkinson. (Wolfson, 2008) Introduction There is a great deal of misunderstanding about the three types of multi- cide: serial murder, mass murder, and spree murder. This chapter will list the traits and characteristics of these three types of killers, as well as the traits and characteristics of the killings themselves. 15 16 SERIAL MURDER Recently, a school shooting occurred in Colorado. Various news outlets erroneously reported the shooting as a spree killing. Last year in Nevada, a man entered a courtroom and killed three people. This, too, was erro- neously reported as a spree killing. Both should have been labeled instead as mass murder. The assigned labels by the media have little to do with motivations and anticipated gains in the original effort to label it some type of multicide. -
Theoretical Analysis of the Biological Basis for Serial Killers’ Cooling-Off Periods
THEORETICAL ANALYSIS OF THE BIOLOGICAL BASIS FOR SERIAL KILLERS’ COOLING-OFF PERIODS by HARRIET FFION LYNETTE DILLY A THESIS Presented to the Department of Biology and the Robert D. Clark Honors College in partial fulfillment of the requirements for the degree of Bachelor of Science June 2021 An Abstract of the Thesis of Harriet F. L. Dilly for the degree of Bachelor of Science in the Department of Biology to be taken June 2021. Title: Theoretical Analysis of the Biological Basis for Serial Killers’ Cooling-Off Periods Approved: ___ Nicole Dudukovic, Ph.D._________________ Primary Thesis Advisor Although serial killers have been meticulously studied, there is still much to be learned about particular behaviors exhibited by these offenders. In particular, minimal research exists on the phenomena of serial killers’ cooling-off periods. Most definitions of serial killers mention the temporal separation between crimes that distinguish them from other kinds of multi-victim murders; however, due to a lack of empirical research it has been difficult to determine the function or cause of cooling-off periods. There has been a recent uptick in research published on cooling-off periods as interest in the neural activity of serial-killers has increased and as brain scanning technology has become more accessible. However, due to the inherent limitations of brain scans, there exists demand for an alternative method to understanding the function and cause of cooling-off periods. First proposed by M.V Simkin and V.P. Roychowdhury in 2014, it is hypothesized that cooling-off periods may be compared to the refractory periods of neurons during the propagation of action potentials. -
Unmasking Serial Murder
UNMASKING SERIAL MURDER: A COMPARISON OF A SOUTH AFRICAN MURDER SERIES WITH CHARACTERISTICS FROM THE FEDERAL BUREAU OF INVESTIGATION SERIAL MURDER DATABASE Dr Shakeera Holland Student number: 0405598T Staff number: 00300468 A research report submitted to the Faculty of Health Sciences, University of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree Master of Medicine in Forensic Pathology and Medicine. Johannesburg 2015 DECLARATION I Shakeera Holland declare that this research report is my own work. It is being submitted for the degree Master of Medicine in Forensic Pathology and Medicine in the University of the Witwatersrand, Johannesburg. It has not been submitted before for any degree or examination at this or any other University. …………………………………… Dr S Holland Date: 14 May 2015 ii DEDICATION TO MY FAMILY: My parents, for always leading by example and inspiring me to achieve. My husband, for supporting me through this process – without you, I would not have been able to finish. My children, who are my inspiration too always be my best so I can lead by example. iii ABSTRACT The term ‘serial killer’ brings to mind notorious criminals whose crimes are so heinous as to test the limits of the most vivid imagination and make us question their humanity. What is the reality of serial murder? In 2005, the Federal Bureau of Investigation (FBI) hosted a symposium on serial murder, which brought together international experts in the field of serial murder with the aim of clarifying and understanding this multifarious crime. On the 12th of March 2008, Gcinumzi Richman Makhwenkwe, ‘The Moffat Park Serial Murderer’ was convicted of 5 counts of murder, 3 counts of rape and 3 counts of robbery with aggravating circumstances. -
2015 ANNUAL MEETING FUTURE DIRECTIONS: STATUS of HOMICIDE RESEARCH in the 21St CENTURY
HOMICIDE RESEARCH WORKING GROUP 2015 ANNUAL MEETING FUTURE DIRECTIONS: STATUS OF HOMICIDE RESEARCH IN THE 21st CENTURY HOMICIDE RESEARCH Clearwater Beach, FL June 10-13, 2015 ClearwaterProgram Chairs: Candice Batton Beach, and Wendy RegoecziFL Local Arrangements: Dwayne Smith, Kathleen Heide, and John Cochran June 10-13, 2015 Program Chairs: Candice Batton and Wendy Regoeczi Local Arrangements: Dwayne Smith, Kathleen Heide, and John Cochran Future Directions: Status of Homicide Research in the 21st Century _______________________________________________________________________________________________________________ Proceedings of the 2015 Meeting of the Homicide Research Working Group Future Directions: Status of Homicide Research in the 21st Century: Proceedings of the 2015 Meeting Of the Homicide Research Working Group Clearwater Beach, Florida Edited by: Dr. Lin Huff-Corzine University of Central Florida Dr. Hollianne Marshall University of California, Fresno Lauren Wright, MA University of Central Florida 1 Future Directions: Status of Homicide Research in the 21st Century _______________________________________________________________________________________________________________ Proceedings of the 2015 Meeting of the Homicide Research Working Group Homicide Research Working Group Goals The Homicide Research Working Group (HRWG) is an international and interdisciplinary organization of volunteers dedicated to cooperation among researchers and practitioners who are trying to understand and limit lethal violence. The HRWG has the -
An Examination of Serial Homicide in South Africa: the Practice to Research Link
Journal of Investigative Psychology and Offender Profiling J. Investig. Psych. Offender Profil. 12:4–17 (2015) Published online in Wiley Online Library (wileyonlinelibrary.com). DOI: 10.1002/jip.1415 An Examination of Serial Homicide in South Africa: The Practice to Research Link GÉRARD N. LABUSCHAGNE1,* and C. GABRIELLE SALFATI2 1South African Police Service & Division of Forensic Medicine and Pathology, University of the Witwatersrand, South Africa 2John Jay College of Criminal Justice, USA Abstract In this paper, South African serial homicide cases will be used to illustrate how practice can inform research and how research can aid practice by highlighting key questions that need to be answered and practice-based assumptions that need to be empirically tested. The cases will also be used to highlight some of the unique features of series in South Africa. Copyright © 2014 John Wiley & Sons, Ltd. SERIAL HOMICIDE ACROSS THE WORLD It is widely accepted that serial homicide occurs throughout the world (Gorby, 2000). Cases have been documented in academic literature in Australia (Gorby, 2000), Japan (Aki, 2003), Germany (Harbort & Mokros, 2001), Israel (Kallian, Birger, & Witztum, 2004; Kallian, Bar-El, Durst, & Witztum, 1996), Russia (Myers, Bukhanovskiy, Justen, Morton, Tilley, Adams, Vandagriff, & Hazelwood, 2008), Canada (Campos & Cusson, 2007; Keppel & Birnes, 2009), the UK (Jenkins, 1988), the USA (Jenkins, 1989), and Italy (Campobasso, Colonna, Carabellese, Grattagliano, Candelli, Morton, & Catanesi, 2009). Egger (2002) comments on cases occurring in Colombia, Ecuador, Peru, Turkey, Thailand, Nepal, Singapore, France, Nigeria, China, Sweden, and Hungary. Labuschagne (2010) also comments on cases in South Africa, Namibia, India, and Swaziland. Serial homicide is defined by the South African Police Service (SAPS) as occurring when a suspect(s) murder two or more victims on at least two separate occasions and the motive for the homicides are not for primarily for material gain nor to eliminate a witness in another matter. -
Solving Crime with DNA What Is the Real Story Around DNA and Crime Scenes? Vanessa Lynch and Carolyn Hancock Look at the Facts
Q The DNA Project Solving crime with DNA What is the real story around DNA and crime scenes? Vanessa Lynch and Carolyn Hancock look at the facts. SI has undoubtedly become committing this monstrous attack. All one of television’s most popular six men lose their jobs. On examining Cseries. But, while many of the the case the public prosecutor calls scenarios and characters depicted for DNA analysis to be used to assist in CSI are far from believable, in the investigation. First, samples are continuous references to the cutting- taken from the crime scene, which in edge DNA technology used by the CSI this instance is the young girl herself. A crime labs in solving their cases are doctor collects DNA samples from her not too far from the truth. Moreover, clothing and body, which are sent to the use of DNA profiling for criminal the forensic science laboratory’s DNA intelligence in this popular TV series unit for analysis. In the meantime, DNA has increased public awareness to the reference samples are also taken from point where people cannot conceive the six suspects and sent to the same of a case being investigated without laboratory for analysis to determine DNA – regardless of whether the case whether the DNA profiles of these six calls for it or not! But how much of men match those analysed from the these TV programmes is actually fact samples taken from the victim. and how much is fiction? Let’s look at The DNA results reveal an Sexual assault evidence packs awaiting analysis. -
Introducing Investigative Psychology
University of Huddersfield Repository Youngs, Donna E. and Canter, David V. Introducing Investigative Psychology Original Citation Youngs, Donna E. and Canter, David V. (2006) Introducing Investigative Psychology. In: Psychology and Law. Juta & Co ltd, Cape Town, South Africa, pp. 321-342. ISBN 9780702166624 This version is available at http://eprints.hud.ac.uk/id/eprint/8196/ The University Repository is a digital collection of the research output of the University, available on Open Access. Copyright and Moral Rights for the items on this site are retained by the individual author and/or other copyright owners. Users may access full items free of charge; copies of full text items generally can be reproduced, displayed or performed and given to third parties in any format or medium for personal research or study, educational or not-for-profit purposes without prior permission or charge, provided: • The authors, title and full bibliographic details is credited in any copy; • A hyperlink and/or URL is included for the original metadata page; and • The content is not changed in any way. For more information, including our policy and submission procedure, please contact the Repository Team at: [email protected]. http://eprints.hud.ac.uk/ chapter 11 31/5/05 1:30 PM Page 322 Chapter 11 Introducing Investigative Psychology Donna E Youngs and David V Canter After studying this chapter, you should be able to: G define Investigative Psychology, and explain its use or role G identify and explain the ten classes of operational question used by investigators G explain the concept of 'profiling equations', and how these are used to make inferences about crimes G distinguish the three common roles that a perpetrator assigns to his/her victim G discuss the role decision-making plays in investigation G outline how psychology can help to obtain useful data and interpret this data during an investigation. -
Serial Killers
CHAPTER SEVEN SERIAL KILLERS hanks in part to a fascination with anything that is “serial,” whether it be T murder, rape, arson, or robbery, there has been a tendency to focus a good deal of attention on the timing of different types of multiple murder. Thus, the Federal Bureau of Investigation (FBI) distinguishes between spree killers who take the lives of several victims over a short period of time without a cooling-off period and serial killers who murder a number of people over weeks, months, or years, but in between their attacks live relatively normal lives.1 In 2008, for example, Nicholasdistribute T. Sheley, then 28, went on a killing spree across two states, beating as many as eight people to death over a period of several days in an effort to get money to buy crack. Sheley’s victims ranged from a child to a 93-year-old man.or At the time of these incidents, Sheley already had a long criminal history of robbery, drugs, and weapons convictions and had spent time in prison. Sheley is doing life in prison in Illinois for six of the murders and faces two additional homicide charges in Missouri. Unfortunately, the distinction between spree and serial killing can easily break down. For example, over the course of 2 weeks in 1997, Andrew Cunanan killed two victims in Minnesota, then drove to Illinois,post, where he killed another person, and then on to New Jersey, where he killed his fourth victim. While evading apprehension, and on the FBI’s 10 Most Wanted List, Cunanan was labeled a spree killer. -
Sick Puppy Or Terrorist? Investigating Newspaper Representations of White and Ethnic Minority Mass Shooters
Sick puppy or terrorist? Investigating newspaper representations of white and ethnic minority mass shooters Madeleine Mary Grounds Submitted in accordance with the requirements for the degree of Master of Arts by Research The University of Leeds School of English October 2020 ii The candidate confirms that the work submitted is her own and that appropriate credit has been given where reference has been made to the work of others. This copy has been supplied on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. The right of Madeleine Mary Grounds to be identified as Author of this work has been asserted in accordance with the Copyright, Designs and Patents 1988. iii Abstract Newspapers continue to employ perpetrator-oriented narratives on mass shootings, focusing not only on the shooter’s criminal action, but on the characteristics, problems and values associated with them. Combining Critical Discourse Analysis (CDA) with Corpus Linguistics (CL), this study compares the discursive representation of white and ethnic minority mass shooters in newspapers from the United Kingdom, the United States, Australia and New Zealand. Sourced from Nexis and comprised of online articles from 1st January 2015 to 31st December 2019, computational analysis of an 11 million word corpus examines representations of race and religion whilst also investigating distinctions between the geographical, ideological and formatting aspects of newspapers (broadsheet v. tabloid). Through the analysis of headlines, Chapter 4 offers a microcosmic perspective of the corpus’ main themes of terrorism, mental health and sensationalism, looking particularly at the phraseological profiles of racialized terms (white, black and Muslim) and the systemic- functional roles of political, perpetrator and victim social actors in broadsheets and tabloids. -
The Psycho-Social Factors That Influence Public Mass Murder
Utah State University DigitalCommons@USU All Graduate Theses and Dissertations Graduate Studies 5-2009 Status and Slaughter: The Psycho-Social Factors that Influence Public Mass Murder Stephen G. Van Geem Utah State University Follow this and additional works at: https://digitalcommons.usu.edu/etd Part of the Criminology Commons Recommended Citation Van Geem, Stephen G., "Status and Slaughter: The Psycho-Social Factors that Influence Public Mass Murder" (2009). All Graduate Theses and Dissertations. 470. https://digitalcommons.usu.edu/etd/470 This Thesis is brought to you for free and open access by the Graduate Studies at DigitalCommons@USU. It has been accepted for inclusion in All Graduate Theses and Dissertations by an authorized administrator of DigitalCommons@USU. For more information, please contact [email protected]. STATUS AND SLAUGHTER: THE PSYCHO-SOCIAL FACTORS THAT INFLUENCE PUBLIC MASS MURDER by Stephen VanGeem A thesis submitted in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE in Sociology Approved: Christy Glass Patricia Lambert Major Professor Committee Member Michael B. Toney Amy Odum Committee Member Committee Member Byron R. Burnham Dean of Graduate Studies UTAH STATE UNIVERSITY Logan, Utah 2009 ii Copyright Stephen VanGeem 2009 All Rights Reserved iii ABSTRACT Status and Slaughter: The Psycho-Social Factors that Influence Public Mass Murder by Stephen VanGeem, Master of Science Utah State University, 2009 Major Professor: Dr. Christy Glass Department: Sociology, Social Work & Anthropology Even though public mass shootings are relatively rare, they represent an atypical form of violence that is both sudden and yields an unprecedented amount of carnage; for these reasons, an inordinate amount of scholarship has been produced in order to isolate both the causes and effects of these rampages.