E ncyclopedia o f

David S. Clark Willamette University EDITOR

'4 4 Z t e < t / Piofpssoi Deptt. of Forensic Medicine Maulana •'zud Medical College 2 iNhW DELHI - 11U002

A SAGE Reference Publication (^)SAGE Publications Los Angeles • London • New Delhi * Singapore Professor Deptt. of Forensic M edicine Maulana ^zad Medical College NEW DELHI - 110002

Contents

List of Entries, vii

Reader’s Guide, xvii

Entries

Volume 1: A-E

1-556

Volume 2: F-O

557-1090

Volume 3: P-Z

1091-1600

Index,

I-1-1-80 l* C m

Contributors

u' 2 ' ~ / f

Ham Abrahamsson Anil Aggrawal Professor of Peace and Development Studies Professor of Forensic Medicine Goteborg University Maulana Azad Medical College Sweden New Delhi, India

Robert M. Ackerman Robert Agnew Professor o f Law Professor of Sociology The Dickinson School o f Law Emory University The Pennsylvania State University Atlanta, Georgia Carlisle Gianmaria Ajani W illiam E. Adams, Jr. Professor of Law Professor of Law and Associate Dean University of Torino Nova Southeastern University Law Center Italy Fort Lauderdale, Florida Michal Alberstein Richard Adelstein Lecturer in Law Professor of Economics Bar-Ilan University Wesleyan University Ramat Gan, Israel Middletown, Connecticut Ettore A. Albertoni Senyo Adjibolosoo Dean, Law Faculty, and Professor o f History and Law Professor of Economics University of Insubria, Como Fermanian School of Business President, Council for the Lombardy Region Point Loma Nazarene University Italy San Diego, California Catherine Albertyn Matthew D. Adler Professor of Law and Director, Centre Leon Meltzer Professor of Law for Applied Legal Studies University of Pennsylvania University of the Witwatersrand Philadelphia Wits, South Africa

Michael Adler Larry Alexander Professor of Social-Legal Studies Warren Distinguished Professor of Law University of Edinburgh University of San Diego Scotland, United Kingdom California

xxxili Ref: Aggrawal A. (2007) . In: David S. Clark (Ed.) Encyclopedia Of Law And Society: American And Global Perspectives. SAGE Publications, Thousand Oaks, London. Pp. 709-11 (vol. 2) Homicide 709

Simon, Harry. (1992). “Towns without Pity: A Constitutional are mitigating circumstances, but not enough of them and Historical Analysis of Official Efforts to Drive to make the killing justifiable or excusable homicide. Homeless Persons from American Cities.” Tulane Law Review 66: 631-76. Waldron, Jeremy. (1991). “Homelessness and the Issue of Motivational Model Freedom,” UCLA Law Review 39: 295-324. Although the legal model varies in detail from country to country, it is necessary for national and local law enforcement authorities, especially judges, in meting OMICIDE out punishments. Motivational models, alternatively, are useful to homicide investigation teams. In the moti­ Homicide, or one human being killing another, is a gen­ vational model, are classified according eral term that may refer to a noncriminal act as well as to the motive that animated the killer. This model helps to the criminal act of or . Scholars the investigator to narrow the field of likely suspects. have classified homicides in many ways, including This classification developed in the United States in the broad classifications using legal and motivational mod­ 1980s with the Federal Bureau of Investigation’s els. These classifications illustrate what for most soci­ National Center for the Analysis of . It is eties is the most visible and notorious crime. widely used all over the world today. All homicides fall into four broad categories within the motivational model. First, criminal-enterprise homicides Legal Model involve murder committed for material gain. Second, According to the legal model, homicides divide into personal-cause homicides occur when murder is com­ those that are nonfelonious and those that are felo­ mitted for a personal reason and ensues from interper­ nious./Nonfelonious homicides, furthermore, may sonal aggression. Third, sexual homicides involve a be justifiable or excusable. Justifiable homicides are sexual element in the murder. Finally, group-cause completely justified, as when a judge sentences a homicides occur when two or more people, with a com­ criminal to death or when a jailor carries out a death mon ideology, sanction a murder, which one or more of sentence. In contrast, a person committing an excus­ the group’s members then actually commits. able homicide is at fault to some degree but not All four categories have subcategories. Criminal- enough to have committed a felonious homicide. enterprise homicide has eight subcategories. A person There are two basic kinds of excusable homicides. who agrees to take the life of another for profit com­ First, misadventure occurs when there is death during mits contract killing. A -motivated murder may the commission of an act, lawful or unlawful, where involve the extortion and murder of a businessperson. the slayer has no intent to hurt and there is no crimi­ Criminal competition occurs when a homicide results nal negligence. Examples include the death of a per­ from intragroup or intergroup conflict and rivalry, son who runs in front of a moving automobile, whose usually over control of territory. Kidnap murder driver is unable to avoid the collision, or the death of involves a kidnapping followed by murder if a victim a person on the operating table during an extremely or her family does not meet ransom demands. Product difficult operation with no fault of the surgeon. tampering involves a murderer who alters a product, Second, excusable homicide involves death resulting usually a medicinal capsule, with intent to cause a per­ from self-defense, where the slayer is not completely son’s death. To mask motives, the murderer may kill without fault. To illustrate, when a sudden brawl erupts, other innocent persons, such as Stella Nickel’s 1986 a person may kill another to protect herself. lacing of her husband’s Excedrin capsules with Felonious homicides are criminal in nature. They cyanide. Drug murder intends to eliminate an individ­ include murder, where the killer commits the act with ual viewed as an obstruction (such as a judge or police “malice aforethought,” and manslaughter, where there officer) to illegal drug business. Insurance-motivated 710 Homicide murder is killing a person to benefit from insurance or Mixed sexual homicide involves elements of the two inheritance. Finally, felony murder occurs secondary previous categories. Finally, sadistic murder involves to property crime, usually burglary or robbery. a killer who derives sadistic sexual satisfaction from Personal-cause homicide has eleven subcategories. torture and killing. Erotomania killing results from an offender's fixation Lastly, group-cause homicide has three subcate­ or offender-victim relationship. For instance, homi­ gories. Cult murder occurs when two or more mem­ cide may occur from rebuffed advances when the bers of a cult kill the victim. A cult has adherents killer has a fantasy of idealized romantic love about with excessive dedication to ideas, objects, or persons the victim rather than a sexual attraction to the victim. regarded as unorthodox or spurious, whose primary Domestic homicide occurs when a family or house­ objectives relate to sex, power, or money. Extremist hold member kills another member of the household. murder occurs when a group is motivated by ideas they Argument homicide results from a verbal dispute endorse based upon a particular political, economic, between persons, excluding family or household religious, or social system. Group-excitement homicide members. Conflict homicide occurs where death involves two or more individuals in an excited state results from personal conflict between the victim and who cause the death of an individual. the offender. Authority killing involves a victim who has wronged a subordinate (the killer) in some real or Homicide Investigation imagined way. To illustrate, the wrong may be actual, as in the case of a fired employee, or imagined, as in For a proper homicide investigation to take place, the case of a person with a psychotic or paranoid delu­ officials must visit the scene of a crime. Not only sion of conspiracy. Revenge homicide involves a the police and special crime scene investigators person, not in authority, whom the offender kills in (CSIs) or scene of crime officers (SOCOs).must retaliation for a perceived wrong, real or imagined. visit, but the forensic pathologist must visit as well. Extremist homicide is committed on behalf of an ide­ Not all countries have made this procedure manda­ ology based on a particular political, economic, reli­ tory in their legislation, however. In India, for gious, or social system. Although the offender’s instance, where police and magistrate inquests are beliefs may be associated with a particular group, the the norm, it is not mandatory for the forensic pathol­ group does not sanction the murder. Mercy homicide ogist to visit the scene of a crime. In the United occurs where the offender believes that the victim is States, on the other hand, a medical examiner sys­ suffering and feels a duty to relieve the suffering. tem exists, where forensic pathologists known as Hero homicide involves an offender who creates a medical examiners routinely visit the crime scene. life-threatening condition for the victim. The “hero” Certain clues that may not be obvious to nonmedical then unsuccessfully to rescue or resuscitate personnel, such as onset of stiffness (rigor mortis), the victim to appear valorous. Usually, death results body cooling (algor mortis), and body bluishness unintentionally. Hostage murder takes place within (livor mortis), are at once obvious to the medical the context of a hostage situation. Finally, nonspecific examiner. These facts can help to determine the motive killing outwardly appears irrational. Only the exact time of death as well as impart other useful offender knows the reasons, if there are any. information, such as whether a perpetrator has Sexual homicide divides into four subcategories. moved the body. These signs vanish if officials Organized sexual homicide involves an offender who transport the body to the mortuary. It is important to targets his victims and plans their in a clini­ appraise these elements at the crime scene. cal fashion. He often displays self-control at the crime scene. Disorganized sexual homicide is unplanned Punishment and spontaneous, ft may result from the offender’s youthfulness, lack of criminal sophistication, use of Throughout history and among different nations, punish­ drugs and alcohol, or mental abnormality or deficiency. ment for homicide has varied. In the past, officials meted Honor 711 out barbarous punishments, such as stoning, death by a Nevertheless, one can point to certain problems of thousand cuts, live burial, burning alive, roasting alive in honor that afflict legal systems worldwide. Those oil, breaking on the wheel, and drawing and quartering, problems can be usefully broken down into three especially for political homicides. Today, countries that classes: problems of sexual honor, problems of per­ continue to impose death sentences, usually for murder, sonal honor, and problems of hierarchical honor. All use means that are more humane, such as hanging, elec­ three involve honor in similar ways: Persons who feel trocution, or lethal injection. their honor has been attacked commonly feel that they Most countries have abolished the death penalty have been degraded or treated as inferior. altogether, not only because it is considered inhumane There are certain recurrent issues in the treatment of but because criminal proceedings are fallible and honor by the law. First, honor is regularly associated death sentences are irreversible. A notable case in with violence. Persons who feel that their honor has point is the death sentence imposed on Timothy Evans been attacked frequently lash out violently; the sense of for the homicide of his daughter in 1949. Hanged in honor and the propensity for violence are closely linked 1950 at Pentonville Prison in London, officials later among human beings. Indeed, some scholars have gone discovered that another person was responsible for the so far as to maintain that all acts of human violence are killing. In 1965, Chuter Ede, United Kingdom Home responses to perceived insults or other violations of Secretary at the time of Evans’s execution, said that honor. In some societies, honor is also associated with Evans’s case showed how a mistake was possible and violence against the self. Persons whose honor has that one had been made. The government granted been' lost are sometimes expected to commit . Evans a posthumous pardon in 1966. Second, when confronted with problems of honor, the law often takes an ambivalent or hands-off approach. —Amil Aggrawal Indeed, people frequently assert that injuries to honor

See also Death Penalty; and ; should not be repaired through resorting to the law at • Fainiiy Violence; Forensic Experts; ; Insanity and all, because honorable persons settle their affairs them­ Crime; Mafia and ; Police; Psychopathy selves, without relying on the machinery of the state. and Sociopathy; Rape and Sexual Offenses; Serial Killers; This attitude is closely associated with the culture of Violence and Justice dueling, in particular, but duelists are by no means the only actors who believe that honorable persons must Further Readings take the law into their own hands.

Daly, Martin, and Margo Wilson. (1988). Homicide. New York: Aldyne de Gruyter. Sexual Honor Douglas, John E„ Ann W. Burgess, Allen G. Burgess, and Robert K. Ressler, eds. (1992). Crime Classification The problems of honor have not received equal atten­ Manual: A Standard System for Investigating and tion. Scholars have devoted disproportionate energy to Classifying Violent Crimes. San Francisco: Jossey-Bass. the problems of sexual honor. The best-studied Smith, M. Dwayne, and Margaret A. Zahn, eds. (1999). Homicide: A Sourcebook of Social Research. Thousand aspects of sexual honor involve what scholars some­ Oaks, CA: Sage. times call the Mediterranean pattern of social organi­ Swanson, Charles R., Jr., Neil C. Chamelin, and Leonard zation, characterized by male-dominated clans in Territo. (2003). Criminal Investigation, 8th ed. New York: which women are treated in some sense as posses­ McGraw-Hill Higher Education. sions. In such societies, threats to the sexual purity of a woman, real or perceived, may be treated as assaults on the honor of her menfolk. These sometimes result H o n o r in violence against the woman in question, as in the “honor killings” of the Arab world. They may of Honor is a treacherous term, full of ambiguity and course also result in violence against the male per­ difficult to translate from one language into another. ceived to have preyed upon her. LOi ENCYCLOPEDIA OF i M f SOCIETY I he Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. W ith an Advisory Board of 62 members from 20 countries and 6 continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from Sociology, Criminology, Cultural Anthropology, Political Science, Social Psychology, and Economics. By globalizing the Encyclopedia s coverage, American law and society will be better understood within its historical and comparative context.

Key T hem es

Anthropology (Ethnology) of Law Biographies in I .aw and Society Criminology Demography of Law Law and Economics Law and Political Science I.aw and Society Activities in Regions and Countries Law and Society Methodology and Research Legal Subjects Psychology and Law Sociology of Law

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