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CRIMINAL HOMICIDE AS A SITUATED TRANSACTION

NCJ Number
46708
Journal
Social Problems Volume: 25 Issue: 2 Dated: (DECEMBER 1977) Pages: 176-186
Author(s)
D F LUCKENBILL
Date Published
1977
Length
13 pages
Annotation
THE CHARACTERISTICS OF THE ORGANIZATION AND DEVELOPMENT OF 70 TRANSACTIONS ENDING IN MURDER ARE EXAMINED.
Abstract
USING THE DEFINITION OF CRIMINAL HOMICIDE AS THE UNLAWFUL TAKING OF A PERSON'S LIFE, WITH THE EXPRESSED INTENTION OF KILLING OR RENDERING BODILY INJURY RESULTING IN DEATH, THIS STUDY EXAMINES ALL FORMS OF CRIMINAL HOMICIDE BUT FELONY MURDER AND CONTRACT MURDER. THE DATA WERE DRAWN FROM ALL CASES OF CRIMINAL HOMICIDE OVER A 10-YEAR PERIOD, 1963-1973, IN ONE MEDIUM-SIZED CALIFORNIA COUNTY. THE CHARACTER OF THE OCCASION AND SETTING AS WELL AS THE ORGANIZATION AND DEVELOPMENT OF THE FATEFUL TRANSACTION WERE RECONSTRUCTED FROM THE CONTENT ANALYSIS OF POLICE, PROBATION, PSYCHIATRIC, AND WITNESS REPORTS, OFFENDER INTERVIEWS, VICTIM STATEMENTS, AND GRAND JURY AND COURT TESTIMONY. THESE MATERIALS INCLUDED INFORMATION ON THE MAJOR AND MINOR PARTICIPANTS; THE CHRONOLOGY OF DIALOGUE AND ACTION; AND THE PHYSICAL COMPORTMENT OF THE PARTICIPANTS. MATERIAL RELATING TO MATTERS OF LAW AND LEGAL PROCESSING WERE NOT EXAMINED. BASED ON AN ANALYSIS OF THE DATA, IT IS CONCLUDED THAT CRIMINAL HOMICIDE IS NOT A ONE-SIDED EVENT WITH AN UNWITTING VICTIM ASSUMING A PASSIVE, NONCONTRIBUTORY ROLE. RATHER, MURDER IS THE OUTCOME OF A DYNAMIC INTERCHANGE BETWEEN AN OFFENDER, VICTIM, AND, IN MANY CASES, BYSTANDERS. THE OFFENDER AND VICTIM DEVELOP LINES OF ACTION SHAPED IN PART BY THE ACTIONS OF THE OTHER AND FOCUSED TOWARD SAVING OR MAINTAINING FACE AND REPUTATION AND DEMONSTRATING CHARACTER. PARTICIPANTS DEVELOP A WORKING AGREEMENT, SOMETIMES IMPLICIT, OFTEN EXPLICIT, THAT VIOLENCE IS A USEFUL TOOL FOR RESOLVING QUESTIONS OF FACE AND CHARACTER. IN GENERAL, IT IS CONCLUDED THAT THESE PATTERNS CHARACTERIZED ALL CASES IRRESPECTIVE OF SUCH VARIABLES AS AGE, SEX, RACE, TIME AND PLACE, USE OF ALCOHOL, AND PROFFERED MOTIVE. (RCB)

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