DOCSLIB.ORG

U. S. Deparbnent of Justice to the National Criminal Justice Reference Service (NCJRS)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
U. S. Deparbnent of Justice to the National Criminal Justice Reference Service (NCJRS) 145031 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this I ~ material has been granted by -EubJ j c Domaj n/OJP/BTS u. S. Deparbnent of Justice to the National Criminal Justice Reference Service (NCJRS). Fl !rther reproduction outside of the NCJRS system requires permission of the~ owner. U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics • Capital Punishment 1992 By Status of the death penalty, December 31, 199? Lawrence A. Greenfeld and James J. Stephan Number of prisoners Jurisdictions BJS Statisticians Executions during 1992 under sentence of death without a death punalty Texas 12 Texas 344 Alaska Thirteen States executed 31 prisoners Virginia 4 California 332 District of Columbia during 1992. The number of persons Alabama 2 Florida 312 Hawaii Arkansas 2 Pennsylvania 153 Iowa executed was more than double the 14 Florida 2 Illinois 145 Kansas executed in 1991, and it was the largest Oklahoma 2 Alabama 124 Maine for any year since the U.S. Supreme Court Arizona 1 Ohio 121 Massachusetts reinstated capital punishment in 1976. The California 1 Oklahoma 120 Michigan prisoners executed during 1992 had been Delaware 1 Arizona 103 Minnesota Missouri 1 Georgia 101 New York nder sentence of death an average of 9 North Carolina 1 290ther North Dakota • ears and 6 months, about 2 months Utah 1 jurisdictions 720 Rhode Island shorter than the average for inmates Wyoming .1 Vermont executed the previous year. Total 2,575 West Virginia Total 31 Wisconsin During 1992, 265 prisoners under a Figure 1 sentence of death were received by State prison systems from the courts. In that of persons sentenced to death between December 1993 year 117 persons had their death sentence 1988 and 1992 had received two or more overturned, 2 had their sentences com­ death sentences. For 63 years the Federal Government muted, and 7 died while under a death has published annual statistical descrip­ sentence. The majority, 1,508 (58.6%), of those tions of capital punishment. The capital under sentence of death were white; 1,029 punishment data series, which covers At yearend 1992, 34 States and the (40.0%) were black; 24 (0.9%) were all persons sentenced to death since Federal prison system held a total of 2,575 American Indian; and 14 (0.5%) were 1973, includes information about prisoners under sentence of death, 4.5% Asian American. The 196 Hispanic individuals (demographic characteristics more than at yearend 1991. All prisoners inmates under sentence of death and criminal history) and information under sentence of death on December 31, accounted for 7.6% of those inmates for about death sentences (time to 1992, had been convicted of murder. The whom Hispanic origin was known. Thirty­ execution and population movements). median time since the death sentence was six (1.4%) of the persons under a death imposed for the 2,575 prisoners Was 5 sentence were women. The median age With this Bulletin we salute a Bureau of years and 7 months. of all inmates under a death sentence was the Census employee who retires after 35 years and the median age at which they 20 years of administering the capital For those prisoners with a known criminal had been sentenced to death was 29 punishment statistical series. We thank history, nearly 7 in 10 under sentence of years. Arlene Rasmussen for her excellent death had a prior felony conviction; about work. We know that the State officials 1 in 11 had a prior homicide conviction. Approximately 56% of those under sen­ in corrections departments and Approximately 2 in 5 prisoners convicted tEi!1~e of death were held by States in the attorneys general offices who have of a capital crime had a criminal justice South. Western States had an additional worked with Mrs. Rasmussen will, as Atatus when they committed the offense. 22%; Midwestern States, 16%; and the we, miss her unfailing helpfulness and W'Nearly half of these were on parole, while Northeastern States of Connecticut, New thoroughness. the others had charges pending, were on Jersey, and Pennsylvania, 6%. Texas held probation, were prison inmates or the largest number of death row inmates Lawrence A. Greenfeld escapees, or had some other criminal (344), followed by California (332), Florida Acting Director justice status. Slightly more than 15% ·9' New Jersey - Amended the State Persons under sentence of death, 1953-92 constitution (Article 1, paragraph 12). Number under Effective December 12, 1992, the sentence of death amendment inc\~Kjes inflicting bodily harm. 2,575 causing death as an interpretation of 2,500 "knowingly or putposely causing death"­ thereby broadening the constitutional definition of intent to cause death. 2,000 In 1976 the Court upheld revised State South Carolina - Revised its capital capital punishment laws. punishment statute to define mental 1,500 retardation and to specify it as a mitigating In 1972 the Supreme Court circumstance in punishment for murder. ruled unconstitutional the death penalty as then 1,000 [16-3-20(C)b]. The provisions apply only administered. to defendants mentally retarded at the time of the crime. Mental retardfltion is defined 500 as "significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and o manifested during the developmental 1953 1960 1970 1980 19901992 period." The revision was effective July 1, 1992. Figure 2 (312), and Illinois (145). One prisoner was death while awaiting execution). Of those Tennessee - The Supreme Court [in in Federal custody under a, death sentence removed from under a death sentence, State v. Middlebrooks, 840 S.W. 2d. on December 31, 1992. 827 (51.7%) were white, 673 (42.1 %) were 317(1992)] struck in part the application black, 22 (1.4%) were Native American or of the death penalty. An aggravating Between January 1 and December 31, Asian American, and 76 (4.8%) were circumstance of felony murder was held 1992, 28 State prison systems received Hispanic. to be unconstitutionally applied where the 265 prisoners under sentence of death. defendant's conviction Is based solely on California (37 admissions), Texas (31), .Capital punishment laws felony murder theory. The effective date Florida (27), and North Carolina (22) was September 8, 1992. accounted for 44% of the inmates entering During 1992, five States revised statutory prison under a death sentence -juring the provisions relating to the death penalty Tennessee's capital punishment statute • year. (table 1). Nearly all of the changes was also revised to specify that whenever involved greater specification of circum­ the death penalty is imposed for first A total of 13 States executed 31 persons stances in which capital punishment may degree murder, the defendant has the right in 1992: 12 in Texas; 4 in Virginia; 2 each be applied, some broadening and some of direct appeal to the court of criminal in Alabama, Arkansas, Florida, and Okla­ narrowing provisions in the previous law. appeals. Upon being affirmed by the court homa; and 1 each in Arizona, California, of criminal appeals, the case must be Delaware, Missouri, North Carolina, Utah, In one State, Tennessee, the State automatically reviewed by the Tennessee and Wyoming. Fifteen were white ncn­ supreme court struck those parts of the Supreme Court, taking priority over other Hispanic; 10 were black non-Hispanic; 2 death penalty statute related to the cases, and according to the rules of that were white Hispanics; 2 were white with application of aggravating circumstances court (39-13-206), effective May 1,1992. Hispanic origin unknown; 1 was black with for felony murder. Also, the Tennessee Hispanic origin unknown; and 1 was Native legislature modified the death penalty Utah - Amended its capital punishment American. Twenty-one of the executions statute to specify further a defendant's statute, effective April 7, 1992, from death were carried out by lethal injection, 8 by right of appeal. By State, the statutory or life in prison to death or life in prison electrocution, and 2 by lethal gas. changes were as follows: without parole (Utah 76-3-206). From January 1, 1977,10 December 31, Montana-Amended the statute d~fining 1992, a total of 188 executions took place juvenile offenders and mandating in 20 States. Of these 102 (54.3%) were treatment of juvenile offenders transferred white, 73 (38.8%) were black, 12 (6.4%) to adult authorities (41-5-206). Juveniles were Hispanic, <,.nd 1 (0.5%) was Native under age 16 may not be confined in State American. During 1977-92, a total of 3,979 prison. Effective July 1, 1992, with juvenile persons entered State prisons under court approval, a minor can be tried in sentences of death, among whom 2,320 adult court. If death may be imposed for (58.3%) were white, 1,598 (40.2%) were the crime, a judge can consider such black, and 61 (1.5%) were of other races. penalty. However, age is a mitigating Also during 1977-92, 1,598 removals fronl factor in such cases. a death sentence occurred as a result of dispositions other than execution (resentencing, retrial, commutation, or • 2 ---------------------------------------------------------------------------------.------ 7 £E Table 1. Capital offenses, by State, 1992 Alabama. Murder during kidnaping, robbery. rape, Idaho. First-degree murder; aggravated kidnaping. Ohio. Assassination; contract murcer; murder during sodomy, burglary, sexual assault, or arson; murder escapEJ; murder while in a correctional facility; murder of a peace officer, correctional officer, or public official; Illinois.
Load more

Recommended publications
  • Chapter 11: Homicide
    Chapter 11: Homicide Chapter Overview: Chapter eleven discusses the fourth category of crime against the person, criminal homicide. This is considered to be the most serious of all criminal offenses. There are four different types of homicide: justifiable homicide, excusable homicide, murder, and manslaughter. Criminal homicide is divided into murder and manslaughter, with the distinction being the presence or lack of malice. Murder can include a broad group of crimes, such as depraved heart murders, which is a killing caused by an extreme level of negligence on the part of perpetrator, and felony murder, which is killing that takes place during the course of another felony crime. There are also separate distinctions within the terms murder and manslaughter that serve to identify different levels of crime. Manslaughter is divided into voluntary and involuntary manslaughter. Voluntary manslaughter involved a heat-of-the-moment decision made without malice. Involuntary manslaughter results from a criminal degree of negligence and in some states, like Florida, can also include categories like vehicular manslaughter. Murder is also divided into two categories: first-degree murder and second-degree murder. The distinction between the two that makes first-degree murder the most serious is that it includes premeditation and deliberation. This means that the perpetrator took time to consider his or her decision to commit the act for some length of time prior to the murder. This chapter also addresses important questions such as when human life begins and ends. Due the limits of medical science, common law utilized the rule that a person could not be criminally responsible for the murder of a fetus unless the child is born alive.
    [Show full text]
  • Fake Realities: Assassination and Race in Popular Culture Kevin Marinella
    Bridgewater State University Virtual Commons - Bridgewater State University Master’s Theses and Projects College of Graduate Studies 2018 Fake Realities: Assassination and Race in Popular Culture Kevin Marinella Follow this and additional works at: http://vc.bridgew.edu/theses Part of the Criminology Commons Recommended Citation Marinella, Kevin. (2018). Fake Realities: Assassination and Race in Popular Culture. In BSU Master’s Theses and Projects. Item 56. Available at http://vc.bridgew.edu/theses/56 Copyright © 2018 Kevin Marinella This item is available as part of Virtual Commons, the open-access institutional repository of Bridgewater State University, Bridgewater, Massachusetts. Running Head: FAKE REALITIES: ASSASSINATION AND RACE IN POPULAR CULTURE 1 Fake realities: Assassination and race in popular culture A Thesis Presented by KEVIN MARINELLA Submitted to the College of Graduate Studies Bridgewater State University Bridgewater, Massachusetts in partial fulfillment of the requirements for the Degree of Master of Science in Criminal Justice MAY 2018 Fake realities: Assassination and race in popular culture 2 Fake realities: Assassination and race in popular culture A Thesis Presented by KEVIN MARINELLA MAY 2018 Approved as to style and content by: Signature:______________________________________________________________ Dr. Wendy Wright, Chair Date: Signature:______________________________________________________________ Dr. Carolyn Petrosino, Member Date: Signature:______________________________________________________________ Dr. Jamie Huff, Member Date: Fake realities: Assassination and race in popular culture 3 ABSTRACT Since the September 11th, 2011 terrorist attacks the United States had been involved in conflicts across the globe. These conflict have given rise to the use of target killing, commonly known as assassination as a way to eliminate enemies of the United States. A majority of those killed are of Middle-Eastern descent and/or are followers of Islam.
    [Show full text]
  • Shooting Alone: the Pre-Attack Experiences and Behaviors of U.S
    1 Shooting Alone: The Pre-Attack Experiences and Behaviors of U.S. Solo Mass Murderers12 Authors Paul Gill, PhD. Department of Security and Crime Science University College London James Silver, ABD. Center for Terrorism and Security Studies University of Massachusetts Lowell John Horgan, PhD. Global Studies Institute and Department of Psychology Georgia State University Emily Corner, MSc ABD. Department of Security and Crime Science University College London 1 This research is supported by Award No. 2013-ZA-BX-0002, awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the authors and do not necessarily reflect those of the Department of Justice. 2 Aspects of this paper have previously been presented at the American Society of Criminology Annual Meeting in Washington DC, November 2015. 2 Abstract: This paper outlines the socio-demographic, developmental, antecedent attack, attack preparation and commission properties of 115 mass murderers between 1990 and 2014. The results indicate that mass murderer attacks are usually the culmination of a complex mix of personal, political and social drivers that crystalize at the same time to drive the individual down the path of violent action. We specifically focus upon areas related to prior criminal engagement, leakage and attack location familiarity. Whether the violence comes to fruition is usually a combination of the availability and vulnerability of suitable targets that suit the heady mix of personal and political grievances and the individual’s capability to engage in an attack from both a psychological and technical capability standpoint.
    [Show full text]
  • Honour Killings in Haryana State, India: a Content Analysis
    Deol - Honour Killings in Haryana State, India: A Content Analysis Copyright © 2014 International Journal of Criminal Justice Sciences (IJCJS) – Official Journal of the South Asian Society of Criminology and Victimology (SASCV) - Publisher & Editor-in-Chief – K. Jaishankar ISSN: 0973-5089 July – December 2014. Vol. 9 (2): 192–208. This is an Open Access article distributed under the terms of the CreativeHTU Commons Attribution-Non-Commercial-Share Alike License,UTH whichT permits unrestricted non- commercial use,T distribution, and reproduction in any medium, provided the original work is properly cited. ThisT license does not permit commercial exploitation or the creation of derivative works without specific permission. Honour Killings in Haryana State, India: A Content Analysis Satnam Singh Deol1 Guru Nanak Dev University, India Abstract The study has been conducted through observational-analytical approach and while applying the documented case study as well as content analysis methods. The study depicts that intolerance of the family members to the pre-marital relationships and matrimonial choices of their daughters especially towards inter-caste and Inter-religious marriages results into the honour based violence. The study further observes that a noticeable number of honour killings are executed as crimes of passion aroused by sudden provocation when the couples are caught in compromising situations by the family members of the girls. Besides fathers and brothers of the girls, there are direct involvements of their mothers, paternal and/or maternal uncles, family friends and even contract killers into the murders. It has been observed that the centuries old conformist mind set prevailing in the patriarchal society does not accept the girls to establish pre-marital relations or to find males of their own choices to marry with.
    [Show full text]
  • Mass Murderers
    Behavioral Sciences and the Law Behav. Sci. Law 22: 291-309 (2004) Published online in WileylnterScience (www.imerscience.wiley.com). DOl: 10.1002/bs1.586 A Comparative Analysis of North American Adolescent and Adult Mass Murderers J. Reid Melo?" Ph.D.,* Anthony G. Hempel, D.O., M.A., B. Thomas Gray, Ph.D.,1 Kris Mohandie, Ph.D.,2 Andrew Shiva, Ph.D./ and Thomas C. Richards, Ph.D.4 Thirty adult IIlass IIlurderers and 34 adolescent IIlass IIlurderers in North AInerica are cOIllpared on both offen­ der and offense variables to delineate siIllilarities and differences. Findings indicate a plethora of psychiatric disturbances and odd/reclusive and acting-out personality traits. Predisposing factors include a fascination with weapons and war aIllong IIlany of the adolescents and the deve10pIllent of a "warrior IIlentality" in IIlost of the adults. Precipitating factors indicate a IIlajor rejection or loss in the hours or days preceding the IIlass IIlurder. Results are interpreted through the lens of threat assess­ IIlent for targeted violence (BOruIll, Fein, Vossekuil, & Bergland 1999), recognizing that a fact-based, dynaIllic behavioral approach is IIlost useful for IIlitigating risk of such an extreIllely low-base-rate violent criIlle. Copyright © 2004 John Wiley & Sons, Ltd. Although Shakespeare cautioned that "there is no sure foundation set on blood, no certain life achieved by other's death" (King John, 4.2.104), humans continue to intentionally kill one another with a savagery and commitment that is almost incomprehensible. One way of killing is mass murder-the intentional killing of multiple victims in one continuous event. The scientific study ofmass murder is limited but growing.
    [Show full text]
  • US TARGETED KILLING, SECRECY, and the EROSION of the ASSASSINATION NORM by ANDRIS BANKA
    US TARGETED KILLING, SECRECY, AND THE EROSION OF THE ASSASSINATION NORM By ANDRIS BANKA A thesis submitted to the University of Birmingham for the degree of DOCTOR OF PHILOSOPHY Department of Political Science and International Studies School of Government and Society College of Social Sciences University of Birmingham April 2017 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. ABSTRACT The objective of this thesis is twofold. First, by employing the norm ‘life’ and ‘death’ cycles grounded in constructivist scholarship, the research aims at determining to what extent the domestic norm against assassination in the United States has been weakened in the light of the 9/11 terrorist attacks and the advent of new technologies, namely Predator drones. To that end, the study conceptualizes the norm and provides a historical look of targeted killings as a foreign policy tool. It traces and evaluates normative assumptions about this method from the 1970s to the end phases of Barack Obama presidency, concluding that there has been a substantial normative erosion. Secondly, the presented thesis also attempts to make a more theoretical contribution by observing mechanisms by which the normative change transpired, demonstrating that in the case of targeted drone strikes, the US government relied on deliberate partial official secrecy - quasi-secrecy - in order to avoid overt justification and achieve the normalisation of otherwise controversial practice.
    [Show full text]
  • Women and Men in Honour-Related Conflicts
    Country report NOVEMBER 2018 COUNTRY OF ORIGIN INFORMATION (COI) Kurdistan Region of Iraq (KRI) Women and men in honour- related conflicts Report based on interviews in Erbil and Sulaimania, KRI © 2018 The Danish Immigration Service The Danish Immigration Service Ryesgade 53 2100 Copenhagen Denmark Phone: +45 35 36 66 00 newtodenmark.dk November 2018 All rights reserved to the Danish Immigration Service. The publication can be downloaded for free at newtodenmark.dk The Danish Immigration Service’s publications can be quoted with clear source reference. KURDISTAN REGION OF IRAQ (KRI), WOMEN AND MEN IN HONOUR-RELATED CONFLICTS Contents Contents ...................................................................................................................................................1 Disclaimer .................................................................................................................................................3 Introduction and methodology ................................................................................................................. 4 Abbreviations ........................................................................................................................................... 6 Executive summary ................................................................................................................................... 7 1. Background on honour conflicts in Kurdistan Region of Iraq (KRI) ...................................................... 9 2. Prevalence of honour-related
    [Show full text]
  • Criminal Law Outline Rachel Barkow Spring 2014
    CRIMINAL LAW OUTLINE RACHEL BARKOW SPRING 2014 TABLE OF CONTENTS I. Introduction A. The Criminal Justice System in the US B. The Role of the Prosecutor C. The Role of the Jury D. What to Punish? E. The Justification of Punishment II. Building Blocks of Criminal Law A. Legality B. Culpability and Elements of the Offense 1. Actus Reus/Omissions 2. Mens Rea a) Basic Conceptions and Applications b) Mistake of Fact c) Strict Liability d) Mistake of Law and the Cultural Defense III. Substantive Offenses A. Homicide and the Grading of Offenses 1. Premeditation/Deliberation 2. Provocation 3. Unintentional Killing 4. Felony Murder 5. Causation B. Rape 1. Introduction 2. Actus Reus 3. Mens Rea C. Blackmail IV. Attempts A. Mens Rea B. Actus Reus/Preparation V. Group Criminality A. Accountability for the Acts of Others 1. Mens Rea 2. Natural and Probable Consequences Theory 3. Actus Reus B. Conspiracy 1. Actus Reus and Mens Rea 2. Conspiracy as Accessory Liability 3. Duration and Scope of a Conspiracy 4. Reassessing the Law of Conspiracy 1 C. Corporate Criminal Liability VI. General Defenses to Liability A. Overview B. Justifications 1. Self Defense 2. Defense of Property 3. Necessity C. Excuses 1. Insanity 2. Expansion of Excuses 3. Duress VII. The Imposition of Criminal Punishment A. Sentencing B. Proportionality 2 INTRODUCTION Criminal Justice System in the U.S. I. Mass Incarceration and its Causes and Consequences A. Mass incarceration • Massive in terms of total numbers • Massive in terms of disproportionate impact on people of color B. Causes
    [Show full text]
  • Assessing the Contagiousness of Mass Shootings with Nonparametric
    Assessing the contagiousness of mass shootings with nonparametric Hawkes processes Peter Boyd, James Molyneux Oregon State University, Department of Statistics September 18, 2020 Abstract Gun violence and mass shootings are high-profile epidemiological issues facing the United States with questions regarding their contagiousness gaining prevalence in news media. Through the use of nonparametric Hawkes processes, we examine the evidence for the existence of con- tagiousness within a catalog of mass shootings and highlight the broader benefits of using such nonparametric point process models in modeling the occurrence of such events. 1 Introduction Gun violence in the United States is a national public heath crisis [Bauchner et al., 2017] with firearm homicide rates 19.5 times that of other high-income countries [Grinshteyn and Hemenway, 2011]. Mass shootings in particular represent a phenomenon of interest in that these high-profile arXiv:2009.08007v1 [stat.AP] 17 Sep 2020 events with multiple, and occasionally numerous, victims generate large amounts of media cover- age. Such media coverage may lead to both a contagion effect that may incite others to carry out similar acts as well as an imitation effect that may allow mass shooters to learn from those that preceded them [Meindl and Ivy, 2017]. Though the term mass shooting lacks a specific, rigorous definition, the number of gun related incidences with multiple victims has become so common in the past two decades that research of these events has become a necessary component of public health studies in the United States [Dzau and Leshner, 2018]. From 2000 to 2018, the US Federal 1 Bureau of Investigation (FBI) recorded 277 active shooter incidents in which an individual shoots and kills (or attempts to kill) others in a public space, resulting in 2430 casualties [Federal Bureau of Investigation, 2016].
    [Show full text]
  • German Mass Murderers and Their Proximal Warning Behaviors
    Journal of Threat Assessment and Management © 2019 American Psychological Association 2019, Vol. 6, No. 1, 1–22 2169-4842/19/$12.00 http://dx.doi.org/10.1037/tam0000122 German Mass Murderers and Their Proximal Warning Behaviors Mirko Allwinn and Jens Hoffmann J. Reid Meloy Institute Psychology and Threat Management, University of California, San Diego Darmstadt, Germany The main objective of this study was to analyze mass murder cases committed by adults from a threat assessment perspective, and to identify risk factors and proximal warning behaviors. Therefore, court records of 33 German mass murderers between 2000 and 2012 were systematically evaluated. One major focus was the comparison between psychotic and nonpsychotic offenders. Significant differences were found between the 2 groups regarding their choice of weapons, planning behavior, personal crises, per- sonality aspects, and warning behaviors. Nonpsychotic subjects were significantly more likely to evidence pathway warning behavior and directly threaten their targets before the attack when compared with the psychotic subjects. Effect sizes were medium to large. All offenders showed multiple proximal warning behaviors prior to their attacks. Findings are interpreted in light of previous studies and for the purpose of enhancing threat assessment protocols of such persons of concern. Public Significance Statement The study reveals the presence of warning signs in a representative sample of adult German mass murderers and relates the results to the research from the United States. A predisposition to commit an act of deadly violence was noticeable months, years, or even decades in advance in most of the cases, but the specific intent became apparent relatively late in the pathway toward violence, usually within days or weeks before the killings.
    [Show full text]
  • Assassination and Targeted Killing: Law Enforcement, Execution Or Self-Defence?
    Journal of Applied Philosophy, Vol. 23, No. 3, Assassination2006 and Targeted Killing 323 Assassination and Targeted Killing: Law Enforcement, Execution or Self-Defence? MICHAEL L. GROSS During the current round of fighting in the Middle East, Israel has provoked considerable controversy as it turned to targeted killings or assassination to battle militants. While assassination has met with disfavour among traditional observers, commentators have, more recently, sought to justify targeted killings with an appeal to both self-defence and law enforcement. While each paradigm allows the use of lethal force, they are fundamentally incompatible, the former stipulating moral innocence and the latter demanding the presump- tion of criminal guilt. Putting aside the paradigm of law enforcement which demands due process and forbids extra-judicial execution, the only possible avenue for justifying named killings lies in self-defence. While named killings might be defensible on the grounds that there are no other ways to disable combatants when they fight without uniforms, the costs, including the cost of targeted killing emerging as an acceptable convention in its own right, should be sufficient to view the practice with a good deal of caution. Key Words: civilian immunity; Israeli-Palestinian conflict; self-defence; terrorism; violence. Since the resumption of fighting between Israel and the Palestinians in 2000, Israel’s policy of targeted killings has met with considerable controversy. At first blush this is odd, as targeted killings seem to reflect nothing more than the inevitable death of combatants during armed conflict. Why then all the fuss, particularly as the targets are terrorists? Paradoxically, targeting terrorists, that is, those who egregiously violate humanitar- ian law and wantonly murder civilians, complicates the conceptual framework that justifies killing during war and distinguishes it from murder.
    [Show full text]
  • Violent Crimes
    Violent Crimes In This Issue Making a Federal Case out of a Death Investigation . 1 By C.J. Williams January 2012 Murder-for-Hire . .9 Volume 60 By Jeff Breinholt Number 1 United States The Hobbs Act, 18 U.S.C. § 1951 . 18 Department of Justice Executive Office for By Andrew Creighton United States Attorneys Washington, DC 20530 Prosecuting Robberies, Burglaries, and Larcenies Under the Federal H. Marshall Jarrett Director Bank Robbery Act . 28 By Jerome M. Maiatico Contributors' opinions and statements should not be considered an endorsement by EOUSA for any policy, program, Repurposing the Kidnapping and Hostage Taking Statutes to Combat or service. Human Trafficking . 36 The United States Attorneys' Bulletin is published pursuant to 28 By Erin Creegan CFR § 0.22(b). The United States Attorneys' Carjacking . 46 Bulletin is published bimonthly by the Executive Office for By Julie Wuslich United States Attorneys, Office of Legal Education, 1620 Pendleton Street, Columbia, South Carolina 29201. Threats . 52 By Jeff Breinholt Managing Editor Jim Donovan Countering Attempts, Interference, and New Forms of Air Violence . 67 Law Clerk Carmel Matin By Erin Creegan Internet Address www.usdoj.gov/usao/ reading_room/foiamanuals. html Send article submissions and address changes to Managing Editor, United States Attorneys' Bulletin, National Advocacy Center, Office of Legal Education, 1620 Pendleton Street, Columbia, SC 29201. Making a Federal Case out of a Death Investigation C.J. Williams Assistant United States Attorney Senior Litigation Counsel Northern District of Iowa I. Introduction How do you respond, as an Assistant United States Attorney, when an agent walks into your office and says, "I've got an investigation involving a death.
    [Show full text]