Homicide, Assault & Family Homicide, Assault & Family ViolenceViolence

Criminal Homicide

1) Represents only 1.2% of all violent crime.

2) Majority of violent crime (62%) is aggravated assault (2004).

3) Availability Heuristic

HomicideHomicide

Criminal homicide-Causing the death of another without legal justification.

1. Unlawful killing of another without legal justification.

18.2-30 through 18.2-36.2a. Negligent manslaughter- No intent to kill but your actions resulted in death.

(Reckless handling of a firearm)

b. Non-negligent manslaughter-Actions result in death but without prior intent.

(Heat of Passion)

Homicide DemographicsHomicide DemographicsFrom 2008 UCR ReportsFrom 2008 UCR Reports

Aggravated Assaults made up 60.4% of violent crime.

5.4 murders per 100,000 people

Homicide Offender Data32.8% of offenders were white36.5% of offenders were black30.7% of offenders were other/unknownOf known offenders, 90% were menApprox. 40% of offenders were juveniles

Homicide DemographicsHomicide DemographicsFrom 2008 UCR ReportsFrom 2008 UCR Reports

Homicide Victim Data

48.2% of victims were white47.8% of victims were black4 % of victims were other/unknown

78% of the victims were menApprox. 88% of the victims were adultsOnly 12% of victims were classified as

strangers to offender.http://www.fbi.gov/ucr/cius2008/rankingmessage.htm

AssaultAssault 18.2-51~Shooting, stabbing, etc., with

intent to maim, kill, etc.-With intent, class 3 Felony (without-class 6).

18.2-51.2~Aggravated malicious wounding. Shooting, stabbing, etc.-where victim is severely injured or disfigured-class 2 felony.

18.2-57~Assault & Battery-Simple assault or assault & battery are class 1 misdemeanors.

Domestic ViolenceDomestic ViolenceVirginia state criminal code 18.2-57.2

defines Domestic Assault:a. Any person who commits an assault and

battery against a family or household member is guilty of a class 1

misdemeanor. b. Upon conviction of domestic assault,

where the person has been twice previously convicted of the same offense in any jurisdiction within the past 20 years, the person is guilty of a class 6 felony.

Domestic ViolenceDomestic Violencec. When a warrant has been issued for a

violation of this code section, a magistrate shall issue an EPO (Emergency Protective Order).

16.1-228 continues to define domestic actions. Family abuse is defined as “Any act involving violence, force or threat, including, but not limited to, any forceful detention, which results in bodily injury or places one in reasonable apprehension of bodily injury and which is committed by a person against such person’s family or household member.

Domestic ViolenceDomestic ViolenceFamily or household member includes:a. The person’s spouse, whether or not he or

she resides in the same home with the person.

b. The person’s former spouse, whether or not he or she resides in the same home with the person.

c. The person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers/sisters, grandparents or grandchildren, whether or not he or she

resides in the same home with the person.

Domestic ViolenceDomestic Violenced. The person’s mother-in-law, father-in-law, brother/sisters-in-law, sons/daughters–in- law who reside in the same home with the person.e. Any individual who cohabits or who, within the

previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.

f. Any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time.

Domestic ViolenceDomestic ViolencePrevalencePrevalence

Every day, four women are killed by their intimate partner and 14,000 women are battered. Another 590,000 rapes and sexual attacks are committed by intimate partners (Aizer & Dal Bo, 2008).

Rates have held steady, with 1,587 female victims in 1976 compared to 1,181 victims in 2005 (National Crime Victimization Survey).

Domestic ViolenceDomestic Violence

These rates are probably low, with a number of These rates are probably low, with a number of assaults going unreported.assaults going unreported.

United States criminal law has roots in English United States criminal law has roots in English common law. For domestic situations, this common law. For domestic situations, this has led to violence often being overlooked.has led to violence often being overlooked.

For example, English common law permitted a For example, English common law permitted a man to reprimand his wife, as long as “the man to reprimand his wife, as long as “the rod was not thicker than his thumb.”rod was not thicker than his thumb.”

Domestic ViolenceDomestic Violence

Those traditions have encouraged that Those traditions have encouraged that conflicts between couples remain a private conflicts between couples remain a private affair, to be worked out within the home. affair, to be worked out within the home.

  

The American Bar Association (1973) The American Bar Association (1973) recommended a police policy of conflict recommended a police policy of conflict resolution for domestic violence if the resolution for domestic violence if the parties were married, not making arrests.parties were married, not making arrests.

Domestic ViolenceDomestic ViolenceTwo events in the mid 1980’s led to changes Two events in the mid 1980’s led to changes

in how police responded to domestic in how police responded to domestic violence calls.violence calls.

The first was the Minnesota Domestic The first was the Minnesota Domestic Violence Experiment (MDVE), funded by Violence Experiment (MDVE), funded by Minnesota Police Department, The Police Minnesota Police Department, The Police Foundation and The Department of Justice.Foundation and The Department of Justice.

The second event was the case of The second event was the case of Thurman Thurman v. City of Torringtonv. City of Torrington, 1983., 1983.

Domestic ViolenceDomestic ViolenceMinnesota Domestic Violence ExperimentMinnesota Domestic Violence Experiment

(Change in police behavior)

Response to Domestic Violence calls were randomly assigned:

1. Advise & counsel a couple

2. Separate the parties

3. Arrest the suspect

Arrest found to have greatest deterrent affect, but strongest within first two weeks

(Iyengar, 2009)

Domestic ViolenceDomestic ViolenceThurman v City of Torrington

October 1982 - June 1983, police responded several times to the Thurman home.

June 10, 1983-Police called to the home, officer response time was 25 minutes. During this time, Tracy was stabbed repeatedly.

Tracy sued 24 individual officers and the city of Torrington-awarded $2.6 million.

Domestic ViolenceDomestic Violence

A Cycle of Violence?

Charles Motuzick, the son of Charles & Tracy Thurman, has a long history of drug and weapons charges. He also has an arrest for assaulting a former girlfriend.

Domestic ViolenceDomestic Violence

Violence Against Women Act of 2005

Provides Federal money in two forms:

Family Violence Prevention Services Act-Funds for families of domestic violence.

Victims of Crime Act-compensates the victim and provides money for specialized DV training and additional officers.