NCJ Number
55190
Journal
Vanderbilt Law Review Volume: 32 Issue: 1 Dated: (JANUARY 1979) Pages: 225-250
Date Published
1979
Length
26 pages
Annotation
CAUSES OF AND JUDICIAL RESPONSE TO VIOLENCE IN THE SOUTHERN PART OF THE UNITED STATES ARE EXPLORED, AND LEGAL PERSPECTIVES ON HOMICIDE IN THE SOUTH ARE EXAMINED (DOCTRINES OF SELF-DEFENSE AND DUTY TO RETREAT).
Abstract
ACCORDING TO 1976 FIGURES OF THE FEDERAL BUREAU OF INVESTIGATION, THE SIX LEADING STATES IN TERMS OF MURDER AND NONNEGLIGENT MANSLAUGHTER WERE IN THE SOUTH. THE LARGE PROPORTION OF PERSONAL VIOLENCE IN THE SOUTH, WITH ITS ULTIMATE EXPRESSION IN HOMICIDE, IS ATTRIBUTED TO HISTORICAL AND CULTURAL INFLUENCES. THE HISTORIC SUBCULTURE OF VIOLENCE AND COMMUNITY TOLERANCE OF KILLING IN PERSONAL DISPUTES ARE IMPORTANT FACTORS ASSOCIATED WITH THE HOMICIDAL TENDENCY OF THE SOUTH. COMMON LAW GOING BACK TO THE 13TH CENTURY AND COURT DECISIONS HAVE INFLUENCED DOCTRINES OF SELF-DEFENSE AND THE DUTY TO RETREAT. TWO LEGAL CASES WERE NOTABLE IN THE 1800'S: (1) GRAINGER V. STATE (1830), INTRODUCING THE CONCEPT OF SELF-DEFENSE INTO THE TENNESSEE LAW OF HOMICIDE WHEREBY A MAN COULD JUSTIFY HIS KILLING AND UNARMED ASSAILANT WITH A DEALY WEAPON; AND (2) EX PARTE WRAY (1856), BENEFITING THE DEFENSE IN HOMICIDE CASES IN MISSISSIPPI. ONE OF THE MOST NOTABLE JUDGES INVOLVED IN SOUTHERN VIOLENCE CASES WAS STONE IN ALABAMA. HE LED A STRONG COURTROOM CAMPAIGN AGAINST HOMICIDE IN THE STATE AND ESTABLISHED A THREE-PART TEST FOR THE PLEA OF SELF-DEFENSE (PROVOCATION, PERIL, AND ESCAPE). WHETHER IMPARTIALITY OCCURRED IN THE ADMINISTRATION OF JUSTICE IN HOMICIDE CASES, HOWEVER, UNDER STONE AND HIS COLLEAGUES WAS QUESTIONABLE DUE TO RACIAL TENSIONS. IN CONTRAST TO CONSERVATIVE AND RESTRICTIVE ATTITUDES OF STONE AND ALABAMA COURTS TOWARD THE LEGITIMATION OF HOMICIDE, THE CRIME LARGELY WENT UNPUNISHED IN TEXAS. THE IMPACT OF FORMAL LAW IN THIS STATE WAS STRUCTURED TO SUPPORT THE PERSON WHO KILLED IN DEFENSE OF SELF OF PROPERTY AND REINFORCED RATHER THAN RESTRAINED THE HOMICIDAL TENDENCY. THE LAW IS VIEWED AS MORE AN EFFECT THAN A CAUSE OF HOMICIDE IN THE SOUTH. LEGAL RULES, SUCH AS SELF-DEFENSE AND THE DUTY TO RETREAT, ARE RELATED SIGNIFICANTLY TO CULTURAL AND MORAL ASPECTS OF THE SOUTH'S JUDICIAL DECISIONS ON HOMICIDE. IT IS SUGGESTED THAT SOUTHERN VIOLENCE HAS BEEN BOTH A REGIONAL PROBLEM AND A SALIENT CONTRIBUTOR TO THE NATIONAL NEMESIS OF VIOLENCE. CASE LAW IS CITED. (DEP)