Homicide Final

Atlanta Serial Killer

Wayne Williams, believed to have killed as many as 23 young African American male victims.

Homicide Survivors and the Criminal Justice System

- 28 million homicide survivors in the United States - Research on homicide survivors suggests there are unique problems faced by those who loved ones are murdered. - deeper and longer lasting trauma - press invades their privacy or portrays their loved ones in an unfavorable light Survivors experiences with the criminal justice system are often problematic; common to feel ignored or pushed out of the justice process altogether Research indicates that interactions with the criminal justice system increase homicide survivors feelings of powerlessness. Often the trauma for the survivor starts with the death notification - Frustation at the seemingly better treatment that the criminal justice system provides to offenders in comparison to the families of the murdered victim.

Serial Killer cont...

-Lower-class white males in their late 20's or 30's - Outliners -Many of them were victims of abuse or neglect and several had injuries while growing up -Tend to kill victims who are strangers to them. More likely to kill women than men, less likely to kill family members and acquaintances. -Female serial killers commonly kill people they know such as their own children, spouses, and elderly or young people in their care. -Male serial killers tend to strangle their victims, pleasure for the killings. Kill for the feeling of power of sadistic pleasure they get from torturing their victims(most common). -Female serial killers often use poison to end their victims lives, use a variety of methods.

Intimate Partner Homicide cont...

-Primary motive of most intimate partner homicides is to hurt of control the person. - Knives are more common. In the U.S overall, firearms are the most common weapon used by both men and women. 59.1% of men and 64.1% of female were killed with firearms. Second, knives. Instrumental Gain: Warning signs that a relationship may end up with a murder in the United States and in other countries: - Prior history of domestic violence - Separation - Depression (his or hers) -Battered women's syndrome is a psychological state akin to PTSD that may explain why a woman kills her abusive husband. -Not a defense to murder.

Intimate Partner Homicide

-Used to reflect the killing of a victim by an offender who is either currently or was formerly in a sexual relationship with the victim. -Men are less likely then women to be killed by their intimate partners. Nearly a third of female homicide victims and only 5% of male homicide victims are killed by their intimate partners. - In 2004, 579 men murdered their wives, 149 wives murdered their husband. 445 men murdered their girlfriends and 147 women murdered their boyfriends. - Men killed their female intimate partners approx 3.5 more. -Highest among African Americans -Men are older on average than women who are killed by or kill their intimate partners.

Intimate Partner Homicide cont...

-Women in the U.S are more likely to be killed by intimate partners than by any other type of murderer. -Male perpetrators in intimate partner homicide kill their partners in situations where the mean are trying to control their intimate partner. -Intimate partner homicides are often classified as expressive killings. As instrumental homicide is a killing in which the offender is attempting to gain something with the killing. - May be motivated by sexual jealousy, fear, anger, and rage.

Types of Serial Killers

1) Visionary: kill because of visions that are believed to be the result of some type of psychosis 2) Missionary: kill to do away with certain types of people in the world 3) Hedonistic: satisfaction obtained from the process of killing 4) Power and control: gains great pleasure from the absolute power and control he has over victims.

Death Penalty Cases

1972 landmark case of Furman v. Georgia, Supreme Court ruled that the administration of the death penalty in Georgia was cruel and unusual punishment because it was being administered arbitrarily and capriciously.

Serial Killers

An individual who kills multiple victims at different times and often in different places with cooling off periods in between the killings. FBI's Definition: a serious of three or more killings, common characteristics as to suggest that the crime were committed by the same offender or offenders Newest standard: Kills at least two victims over time with a cooling off period in between killings.

Homicide Survivors and the Criminal Justice System cont...

Crimes against the U.S and other countries are viewed as crimes against the state instead of crimes against individual victims - System is structured such that the victims role is peripheral.

Homicide in Courts cont...

Defenses to Murder - Three general defenses to the charge of murder are alibi, justifications and excuses. -Self defense and defense of others are more appropriate defenses for murder than necessity or consent. - Insanity: the mental state of defendants at the time of crime for which they are charged. Judge's Charge to Jury - After closing arguments, the judge gives the jury their instructions for deciding the case, the judges gives instructions regarding the law. Critical part in homicide trials. Cases are sometimes overturned because of the way the judge has given instructions. Verdict - In murder cases, the jury usually must come to a unanimous decision about whether there is proof beyond a reasonable doubt that the accused committed the crime for which he or she is being charged. - If the decision is not unanimous, the jury is said to be a "hung jury." Sentencing - Most every person convicted of murder is sentenced to some time of prison.

Types of Evidence

Evidence as presented in a criminal trial may be divided into direct and circumstantial evidence. Direct Evidence: evidence that proves a fact Circumstantial Evidence: is indirect evidence. Indirectly proves a fact. It is based on an inference that the jury must draw rather than personal knowledge or observations witnesses. - Admitted at the discretion of the judge Tangible Evidence: evidence that can be treated as a fact; real or concrete. Capable of being touched or felt and have real substance.

Hate Crimes cont...

Hate Crime Statistic Act: FBI has been collecting data on hate crimes motivated by a race, religion, ethnicity/national origin, or sexual orientation bias since 1992. 1994 added disability bias. 8,715 hate crimes offenses were reported to the FBI in 2003. - Over a third (3,150) of the victims were African Americans, targeted because of their race in 2,548 incidents. - Jews, 927 times in 2003 for religious-based hate crimes. Less than 1% of the 8,175 hate crimes reported to the FBI by police agencies were murders or non negligent manslaughter. Possible that hate crime murders are underreported in some jurisdiction. For the FBI to record a hate crime, the investigation of the crime must lead to evidence that supports that the crime was biased motivated. Comments made by the offender, written statements, gestures used at the time of the time. Racial hate crime most common type of hate crime. African American (most targeted racial group) Hate crime offenders may be nativists who seek out ethnic minorities to victimize. Main motivation is prejudice. Young people who closely follow the law and see no wrong in their actions.

Homicide in Courts cont...

Jury Selection: 6th Amendment, those accused of a serious crimes are guaranteed the right to a trial by an impartial jury. - Jurors must be unbiased and selected from a venire: group of potential jurors, representative of the community - Juries in murder trials consist of 12 jurors and at least 2 alternates. - Process of jury selection "Voire Dire"

M'Naghten Rule

Most states use the M'Naghten rule for determining legal insanity. - A person is not guilty of a crime if at the time he or she committed a crime, the person had a mental defect or disability such that he or she did not know what he or she was doing or that it was wrong. 26 states base their insanity rule on a British case from 1843. - M'Naghten rule was established, based on the premise that all offenders are to be considered sane unless proven otherwise.

Hate Crimes

Motivation to do a crime is "hatred, bias or prejudice, based on the actual or perceived race, color, religion, national origin, ethnicity, gender or sexual orientation of another individual or group of individuals," the crime fits the definition of a hate crime.

Miranda v. Arizona

Prior to custodial interrogations, suspect must be aware of his or her rights. (Miranda warnings)

Homicide in Courts

Prosecuting attorney (district attorney) decides whether to charge the accused as well as what crimes to charge. Prelease on bail or one's own recognizance is less likely in homicide cases. Prosecutor presents evidence to support going forward with a case against the accused, grand jury believes there is sufficient evidence to proceed, the defendant is "indicted." Arraignment: defendant enters his or her plea. (guilty, not guilty, nolo contendere) Plea Bargainging: deal made by prosecutor and defendant, approved by judge. - Common for those accused of murder, non negligent manslaughter. - 95% of all state felony convictions in 2003 were result of guilty pleas, 68% of convicted for homicide enter guilty pleas.

The U.S National Center for the Analysis of Violent Crimes

The mission of the National Center for the Analysis of Violent Crime (NCAVC) is to combine investigative and operational support functions, research, and training in order to provide assistance, without charge, to federal, state, local, and foreign law enforcement agencies investigating unusual or repetitive violent crimes. The NCAVC also provides support through expertise and consultation in non-violent matters such as national security, corruption, and white-collar crime investigations.