JUDICIAL TREATMENT OF CRIMES OF PASSION - STATISTICAL ANALYSIS AND CRITICAL CONSIDERATIONS

• NCJ Number: 44220
• Journal: Revue de droit penal et de criminologie Volume: 57, V 6 Dated: (MARCH 1977) Pages: 477-492
• Author(s): Y S THABIZE
• Date Published: 1977
• Length: 16 pages
• Publication Format: Article
• Publication Type: Statistics
• Language: French
• Country: Belgium

Annotation

DATA ON CRIMES OF PASSION IN BELGIUM WERE ANALYZED TO DETERMINE WHETHER TREATMENT OF THESE CRIMES DIFFERS FROM THAT OF OTHER OFFENSES IN TERMS OF CONVICTION AND SENTENCING.

Abstract

SEVENTY-SIX CRIMES OF PASSION, REPORTED AS SUCH IN A BELGIAN NEWSPAPER BETWEEN 1955 AND 1964 AND TRIED IN AN ASSIZE COURT, WERE CONSIDERED. THEY INCLUDED 48 CASES OF PREMEDITATED MURDER, 17, OF MURDER, 5 ATTEMPTED MURDERS WITH PREMEDITATION, 2 ATTEMPTED POISONINGS, 2 POISONINGS, 1 ATTEMPTED MURDER, AND 1 MURDER BY FIRE. ANALYSIS OF DATA ON THE CRIME CHARGED, JURY VERDICT, SENTENCE DEMANDED BY THE INDICTMENT, AND SENTENCE PRONOUNCE SHOWS THAT 17 OF THE CASES RESULTED IN ACQUITTALS AND ANOTHER 17 RESULTED IN A VERDICT WHICH MODIFIED THE ORIGINAL CHARGE (I.E., DEFENDANT WAS FOUND GUILTY OF A LESSER CHARGE). THE RATIO OF 22.4 PERCENT ACQUITTED FOR CRIMES OF PASSION COMPARES WITH A RATIO OF 20.1 PERCENT ACQUITTED IN TOTAL CRIMINAL CASES TRIED DURING THE SAME DECADE. STATISTICS CONCERNING AGE, SEX, AND MARITAL STATUS OF BOTH PERPETRATORS AND VICTIMS OF CRIMES OF PASSION WERE ALSO COMPILED USING DATA ON CASES UNDER PRELIMINARY EXAMINATION AND IN WHICH CHARGES WERE REDUCED TO MISDEMEANOR LEVEL, AS WELL AS THE 76 WHICH CAME TO TRIAL. OF A TOTAL OF 151 PERPETRATORS OF CRIMES OF PASSION, ONLY 17 WERE WOMEN, AN APPROXIMATE RATIO OF 1 TO 8. FEMALE VICTIMS, HOWEVER, NUMBERED 115 OUT OF A TOTAL OF 153. THE MAXIMUM RATE OF CRIMINALITY OCCURRED BETWEEN 26 AND 35 YEARS OF AGE FOR CRIMES OF PASSION, COMPARED TO 21-30 YEARS FOR TOTAL CRIMINALITY IN BELGIUM. ALTHOUGH THE DIFFERENCE MAY NOT BE SIGNIFICANT, IT IS NOTED THAT THE FORMER AGE RANGE CORRESPONDS TO THE PERIOD OF LIFE DURING WHICH MOST SERIOUS EMOTIONAL EXPERIENCES AND ATTACHMENTS TAKE PLACE. MYTHS SURROUNDING CRIMES OF PASSION SEEM TO ACCOUNT FOR THE MISTAKEN BELIEF THAT MORE OF THESE CASES RESULT IN ACQUITTAL THAN DO REGULAR CRIMINAL CASES. SUPPORTING STATISTICS IN TABULAR FORM AND NOTES ARE PRESENTED. --IN FRENCH.