Lecture Notes Week 2 1014CCJ PDF

Preview

Summary

This is the week two tutorial/lecture notes for 1014ccj. ...

Description

WHY ARE THERE VARIOUS TYPES OF HOMICIDE (TYPOLOGIES) Used to compare across country. To track trends over time. As well as to inform policy and prevention. Intentional (murder) homicide refers to the unlawful death inflicted upon a person with the intent to cause death/harm. Global standards of this penalty include; OBJECTIVE: The killing of a person caused by another. SUBJECTIVE: The intent of the murderer to kill/injure the victim. LEGAL: The unlawfulness of the killing, therefore, the law believes the murderer is liable. Double victims refer to when the victim in the initial crime of robbery/sexual assault becomes a victim in the homicide as well. Instrumental homicides refer to homicides that occur during the course of another crime due to the death of the victim being classified as not as important as their real goal (money, property or control). Crime homicides, murder which occurs during the course of another crime, occurs mostly during robberies (56%), sexual assault, breaking and entering or kidnapping. REASONING OF UNDER-REPORTING/LACK OF DATA OF SEXUAL HOMICIDE:  Victim is officially reported as a homicide statistic, not a rape victim.  Sexual dynamics in a ‘normal’ murder may not be evident until after investigation.  Evidence of crime’s sexual nature may be absent. Findings of Mouzos (2003) demonstrate that the risk for homicide and sexual homicide to occur alongside/during a robbery is very low. INTERPERSONAL HOMICIDE: Mostly women are victims Intimate partner (IP) homicide or femicide refers to a current/former partner murdering.  IMPORTANT: intimate partner homicide is the MOST prevalent homicide in Australia. Filicide refers to when parents murder their children. Parricide refers to children killing their parents. Siblicide refers to siblings killing each other. OUTSIDE OF FAMILY can include friend or acquaintance, neighbours, colleague, the person who cleans the pool etc. SOCIO-POLITICAL HOMICIDE is linked to social discrimination, political agendas, civil unrest and broader socio-political motives. For example;  Social discrimination/prejudice: hate crimes/other crime that targets race, gender, ethnicity, religion or sexuality.





Political agenda: terrorism, assassination of politicians, targeted killings of journalists. Civil unrest/broader motives: death caused by vigilante violence, unlawful killing of police, killing due to casteism.

LIMITATIONS OF TYPOLOGIES:  Overlap can occur. For example, you may rob someone who could be the person you buy groceries off of.  Prevention campaigns can be targeted or general. o For example, targeted focuses on situations like open ceasefire to decrease violence (say, among youth). o For example, general campaigns are similar to how, when entering QLD, a sign states that family/domestic violence is not tolerated. HOMICIDE IN AUSTRALIA Within Australia, The National Homicide Monitoring Program (NHMP) is utilised to collect data regarding homicide incidents, victims and offenders (1989).  Homicide is defined as all cases resulting in a person being charged with murder/manslaughter and murder-suicides classified as murder by the police.  All other deaths classified homicides (even if not arrested or known). The two key sources of data include;  Offence records obtained from police service.  State coronial records (National Coronial Information Service). HOMICIDE INCIDENTS IN AUSTRALIA  Homicide rate in Australia is .78 homicides per 100,000 people. Lowest since 1989.  88% of offenders get identified.  94% clearance (arrested) rate in cases where offenders are known HOMICIDE CLASSIFICATON IN AUSTRALIA  38% (75) homicides in 2017-2018 were domestic homicides (0.30/100,000 person).  35% (69) homicides in 2017-2018 were acquaintance homicides (0.27/100,000).  25% (25) homicides in 2017-2018 were stranger homicides (0.30/100,000 person). o REALLY IMPORTANT: shows where risk is, where more attention is needed.  27 homicides with unknown relationships.

The rate of Northern Territory homicide is so high in comparison to the other states due to the high volume of Aboriginal and Indigenous who have strong kinship ties which can legally be classified as a family relationship. MOST LIKELY WEAPON IN AUSTRALIA is a knife of a sharp weapon.  In major cities 53% of homicides occur in major cities.  72% of stranger homicides occur in major cities.  Most homicides (69%) occur in private residence. HOMICIDE OFFENDERS IN AUSTRALIA  84% of offenders are males.  72% of offenders act alone.  ALL homicide offenders are aged 25-34. LIMITATIONS OF NHMP include that the data base does not collect information of what the offenders think, believe or feel.  The Australian Homicide Project sets out to fill this gap and talk face to face with homicide offenders. HOMICIDE VICTIMS IN AUSTRALIA  Most victims know their offender (74%).  Majority of victims are male (68%) which is 1.11 person per 100,000.  Female victims make up .49 per 100,000 people (outside of domestic homicide).  Men (19%) and women (7%) ages 35 to 44 comprise the largest number of victims.  Indigenous people account for 13% of all victims.

GLOBAL TRENDS WEAPON USE Firearm usage for homicide is most common in Puerto Rico, El Salvador, Jamaica, Colombia. These are countries with high level of gang violence which leads to higher rates of firearm death. Young males are victims AND offenders.



Intimate partner homicide (femicide) requires prevention/policy approaches that are distinct from other violence prevention approaches.

Minority ethnic groups disproportionately affected by homicide due to structural, social and economic reasons. Australia has very similar homicide rates to England or Western Europe.  Australia has less firearm and knife deaths than many countries around the world.  Gender and age patterns are similar in Australia as the rest of the world.  In countries with low homicide, femicide is more prevalent due to no gangs.

EXAM PRAC QUESTIONS & ASSIGNMENT ANS:

1.

What type of homicide is featured in this case? (Note: Be as specific as possible) [4 marks] WHAT IT IS- Robbery-homicide (homicide committed in the commission of another crime). DEFINITION- Robbery is referred to as the unlawful taking of property with intent to deprive the owner of the property from the passion of a person by the use and threatened use of immediate force. HOW IT HAPPENED-

2.

What are the main characteristics of the offender (eg. age, ethnicity, occupation, previous criminal history, previous victimisation, health-related issues, family history)? [15 marks] if info isn’t there don’t mention GENDER AGE- AT THE TIME OF THE OFFENCE (can mention when he was convicted) CRIMINAL HISTORY

3.

To what extent are these offender characteristics similar to or different from general patterns in offenders who commit this particular type of homicide? (Please provide references for information provided on trends in the general offender characteristics). [15 marks] DICUSS GENDER AND AGE FIRST- mention percentage of male offenders (give reference) These are general trends… this is how this case is similar to or different than some trends

https://www.aic.gov.au/publications/tandi/tandi252

4.

What are the main characteristics of the victim (eg. age, ethnicity, occupation, previous criminal history, previous victimisation, healthrelated issues, family history)? [15 marks] 200

Age, gender, criminal history (what did it involve if there was one 5.

To what extent are these victim characteristics similar to or different from general patterns in victims of this particular type of homicide? [15 marks] 250

Acknowledge perceentage of victims being female (similar- percentage) Age of victim (similar 35-49) Killed at home (location) History of DV Percentage of victims stabbed (method) Was victim planning to leave? Note when women kills partner its because he is abusive, not the case here

6.

What were the warning signs that emerged as risk factors in the lead up to the homicide incident in this case? Please provide justifications for your answers. (Note: By warning signs we mean any occurrence or evidence before the murder which suggested that the victim may have been in danger of being harmed by the offender) [18 marks] 300 ADVO- apprehended domestic violence order https://www.smh.com.au/national/nsw/years-of-avos-failed-to-protect-allegedly-murdered-motheroffive-sharonmichelutti-20160205-gmn0cp.html

criminal histories of 250 offenders who were imprisoned for ADVO breaches revealed nearly half of them had been to court at least five times in the previous five years 75 per cent had already been convicted of a domestic violence offence, and a further two-thirds had breached a protection order.

7.

Identify the potential guardians in this case who had the power to potentially protect the victim from being harmed by the offender in this case. Please provide justifications for your answers. (Note: Potential guardians could be people who could have taken action to try and protect the victim prior to the actual homicide, and/or people who could have taken action to try and protect the victim during the attack which resulted in the victim’s death). [18 marks] 300

Australia’s National Research Organisation for Women’s Safety. (2019). Domestic and family violence lethality: The facts about intimate partner homicide. Sydney, NSW: ANROWS....