NCJ Number
55191
Journal
Vanderbilt Law Review Volume: 32 Issue: 1 Dated: (JANUARY 1979) Pages: 251-260
Date Published
1979
Length
9 pages
Annotation
THIS CRITIQUE DEALS WITH AN ARTICLE ON SOUTHERN VIOLENCE, WHETHER VIOLENCE IN THE SOUTH IS A REGIONAL PROBLEM OR A NATIONAL NEMESIS, AND LEGAL ATTITUDES TOWARD SOUTHERN HOMICIDE.
Abstract
THE CONTENTION OF THE CRITIQUE IS THAT THE CONCEPT OF VIOLENCE PUT FORTH IN THE ARTICLE EXAMINED DOES NOT EXPLAIN ANY HISTORICAL EVENT IN THE UNITED STATES AND, PARTICULARLY, DOES NOT RELATE TO THE OCCURRENCE OF HOMICIDE IN THE SOUTH. THE ISSUE IS RAISED CONCERNING WHETHER IT IS POSSIBLE TO DRAW A DISTINCTION BETWEEN SOUTHERN VIOLENCE AND NORTHERN, HUMAN, OR ANY OTHER KIND OF VIOLENCE. IT MAY NOT BE ACCURATE TO DESCRIBE THE SOUTH AS VIOLENT, SINCE ITS TOTAL CRIME RATE IS THE LOWEST IN THE COUNTRY AND ITS VIOLENT CRIME RATE IS ALSO THE LOWEST EXCEPT FOR THE NORTH CENTRAL REGION. ONLY IN TERMS OF HOMICIDE AND NONNEGLIGENT MANSLAUGHTER IS THE SOUTHERN CRIME RATE ABOVE THE NATIONAL AVERAGE. FURTHERMORE, DEFINING VIOLENCE IN TERMS OF HOMICIDE ALONE IGNORES VIOLENT CRIMES IN GENERAL, SUCH AS SUICIDE. NO SUPPORT IS PRESENTED FOR THE STATEMENT THAT CERTAIN ASPECTS OF HISTORY, INCLUDING FRONTIER VIOLENCE, RACIAL CONFLICT, AND INDIVIDUAL KILLINGS IN DEFENSE OF PERSONAL HONOR, HAVE CONTRIBUTED TO THE SOMETIMES LEGITIMATION OF HOMICIDE, EVEN THOUGH THE STATEMENT MAY BE TRUE. THE LEGITIMACY OF EMPHASIZING LEGAL ATTITUDES IN ALABAMA AND TEXAS AND TWO JUDICIAL DECISIONS, GRAINGER IN TENNESSEE AND WRAY IN MISSISSIPPI IS QUESTIONED. IT IS BELIEVED THAT MORE ANALYSIS OF ATTITUDES AND DECISIONS IS NECESSARY TO REACH ANY SUPPORTABLE CONCLUSIONS. WHAT DOES EMERGE FROM THE ORIGINAL ARTICLE ON SOUTHERN VIOLENCE IS A SERIES OF IDEAS ON HISTORICAL AND CULTURAL INFLUENCES AFFECTING VIOLENCE THAT SHOULD BE EXPLORED AND ANALYZED FURTHER TO ASCERTAIN FUNDAMENTAL RELATIONSHIPS BETWEEN FORMAL LAWS AND HUMAN ACTIONS. CASE LAW IS CITED. (DEP)