Katelyn Knaack
John Reese
SOC 245
21 November 2017
Homicide
Homicide, also known as the deliberate and unlawful killing of one person by another; murder, occurs every day in today’s society. Unfortunately, homicide occurs lost not every day in the world. There are people who commit murder for reason and there are people who just do it. I believe that there are certain behavioral patterns and signs to see or look for before a murder occurs.
Homicide is defined in “a legal category, as it can be criminal or noncriminal. Criminal homicides are generally considered first-degree murder when one person causes the death of another with premeditation and intent, or second-degree murder when the death is with malice and intent but is not premeditated. Voluntary manslaughter usually involves intent to inflict bodily injury without deliberate intent to kill; involuntary manslaughter is negligent or reckless killing without intent to harm. Noncriminal forms include excusable homicide, usually in self-defense, and what is called justifiable homicide, as when a convicted offender is executed by the state. The classification of any homicide as either criminal or noncriminal, or of a death as either a homicide, an accident, or a natural death, is not the same in all time periods or across all legal jurisdictions” (JRank).
I strongly believe that murder or homicide can and does have behavioral signs such anti-social values, criminal peers, anti-social, dysfunctional families, low self-control, and substance abuse. Anti-Social values, known as criminal thinking, include the belief that their criminal behavior is justified. The individuals containing this trait often blame other people for their negative behavior, and they show a lack of responsibility. Criminal peers are having friends, family, people around them or other associated with the individual are associated with criminal activity. Could be alcohol, substance abuse, or perhaps robbery or assault. “These traits often include atypical behavior conducted prior to the age of fifteen and can include, running away, skipping school, fighting, possessing weapons, lying, stealing and damage to either animals or property” (PoliceOne). One of the most common traits or behaviors includes no family support, both emotionally and physically. An individual’s family fails to provide the ability to problem solve and is unable to speak effectively. Low self-control “involves one’s ability to control temperament and impulsivity. People that carry this trait often do things that they didn’t plan and will fail to think before acting. The mindset is of the here and now, and not on the consequences of the behavior” (PoliceOne). Substance abuse or the use of drugs or alcohol affect an individual’s ability to interact with a normal and successful lifestyle. They often have no ability to stop the use either.
There is a large difference between expressive murders and instrumental murders. Expressive crimes are defined as “a no purpose except to accomplish the action that is desired by the perpetrator. For example, murder and assault are expressive crimes. They really do nothing but allow the perpetrator to express his/her wishes/desires (i.e., to beat someone up, or to have someone dead)” (Juliana). Expressive homicide may begin as an argument. Such as venting anger or frustration and has the emotional component of the argument.
Instrumental murders differ from expressive murders being committed by a person to gain something. An example would be to kill someone for their properties such as drugs, money, or a fancy car, etc., that the one committing the crime cannot get on their own. Not all instrumental homicides are intended to kill their victims. It could just begin with a simple robbery and then be changed in the blink of an eye by something being motivated or triggered. The exact definition of an instrumental crime is the goal-driven crime. The perpetrator has a goal that they wish to achieve even if someone is in their way. I believe that most crimes are seen as instrumental but studies show that 67% of crimes are expressive.
Being put behind bars for homicide is something that should never be stopped. I believe that criminals who have the ability to kill, should not be able to walk the streets again. I feel the death penalty is too far and they should suffer and always remember what they did. A case that comes to mind when I think of homicide is Detective Greg Moore’s case. He was a police officer in the city of Coeur d’ Alene, Idaho who was on duty in Sunshine Meadows, in Hayden, Idaho when he was shot in the head. He was responding to a call and went to check it out when a middle age man took his gun and shot Greg Moore in the face. Greg was rushed to the hospital and went straight into emergency surgery and they had arrested the man who shot him. The man was put on death row and was just recently found to be guilty. Greg will always be remembered in Coeur d’ Alene because he put his life on the line for all of us. K27 will never be forgotten and the man who killed him deserves to be in jail for the rest of his life so he can remember what pain and cruelty occurred.
Tied together, I believe the presumption of innocence comes together with homicide because if for instance, you did not commit the murder, you have the ability to be seen as innocent until proven guilty. Presumed innocence, or being innocent until proven guilty, is a significant concept within the American criminal justice system. The idea behind presumed innocence is that all individuals who are charged with a crime are, in the face, innocent unless and until proper evidence admitted in a court of law establishes guilt beyond reasonable doubt. This concept was formed from principles of fairness and justice and “came around the time when people left England for the New World seeking better treatment and more equality than what was given under the English Rule” (Gaines). Today, innocent until proven guilty is a basic American right and every criminal case is ruled by this principle so that no one can be punished without due process of law. Presumed innocence is defined as “a fundamental protection for a person accused of a crime, which requires the prosecution to prove its case against the defendant beyond a reasonable doubt.” In other words, the government must prove beyond a reasonable doubt at a fair trial that a person is guilty of a crime before that person may be subjected to punishment.The burden is on the government prosecutor to prove the crime was committed by the individual charged. The person charged with the crime is not required to do anything to prove his or her innocence but instead is presumed to be innocent unless the government meets its burden of proving them guilty. A person charged with a crime does not have to prove his or her innocence. They do not need to testify or present evidence. All of the burdens is by the government. This basic concept of presumed innocence shows the principles that America was built on such as individual rights and fairness in the justice system.
The phrase “innocent until proven guilty” is not anywhere in the United States Constitution but the founding fathers knew that “the rights of the accused must be protected if we want to maintain a functioning democratic society and prevent the government from abusing its authority” (Selfincriminalzion.org)The idea of having the government prove a crime was first part of the United States justice system in the Bill of Rights which “ensure all citizens receive a fair trial if they are ever charged with a crime” (Selfincrimination.org). That is due process. In 1984, the legal case of Coffin vs. The US officially established presumed innocence and it has developed into an essential part of the American justice system.
The concept of innocent until proven guilty is relevant to today’s society because of the public’s perception of people who have been charged with a crime. Many people think that once someone is charged with a crime they must be guilty, but that is not how the justice system works and it is not what America stands for. For instance, many African Americans are charged with crimes and often, because of racial discrimination, people assume they are guilty. Derrick Brooms with ReImagine Magazine believes that black people are innocent until they are arrested or caused by a crime and people continue to assume they are guilty and do not give them a chance. Similarly, in high profile cases like that of Harvey Weinstein, the public has already judged him guilty without any charges being filed and without waiting to see the evidence. Even the President of the United States has been found guilty by the public of alleged crimes that he has never even been charged with. This is called trial by the public and it goes against the important protections provided by the presumption of innocence. It is not fair to judge the guilt of someone without knowing all the facts. It is unjust to presume guilt and make people prove themselves innocent. It could even hurt the prosecutor’s case or discourage victims from coming forward. Michael Anthony shared that is why the presumption of innocence is so important to a fair justice system.
It is also important for people to know how the American justice system works and what the presumption of innocence is so that the principles of fairness and justice can survive. It is not fair for a person to be judged by the public as guilty when the government has not met its burden and proven guilty. A criminal charge is not a conviction. While the public's opinion is not governed by law, the criminal justice system is and criminal defendants are entitled to claim innocence until proven otherwise. This means that the government cannot and should not punish people charged with a crime until they have proven guilt beyond a reasonable doubt. The public should also treat them as innocent and should rely on the criminal justice system to determine guilt – not the news media or social media or even the color of someone’s skin. “In American, the law says that an individual is innocent until proven guilty. But we have tossed this out the window, and if we don’t correct our course it’s going to come back to haunt us. America will cease to be America”(Anthony).
Essentially, all of the dreams of justice and fairness that started this country will be lost if the American public forgets the basics of the presumption of innocence. This concept is important in criminal cases and in how we view others. No one should have to prove their innocence. Everyone in America is innocent until proven guilty, even murders.