Category: Murder

Homicide: First Degree Murder

The most serious and punishable crime someone can commit is first degree murder. The importance of first-degree murder is deciding whether someone deserves the death penalty, or life in prison for the crime that was committed. When a person chooses to commit murder, the deciding factors that make it first degree are if the person deliberately planned, premeditated and willingly acted out the killing of another person. Sometimes first-degree murder is argued to fit justified murder because the defendant can defend his or herself, first degree murder is the most serious homicide offense given that it is premeditated, deliberate, and willful when committing this crime. First degree murder has been on the rise since 2015 with the number of offenders shooting to 17,250 a percentage increase of 8.6 percent. Despite such a trend, first degree murder remains a controversial topic with most people contesting on different elements under which an act should be considered a criminal offense. As such, there is need to define pertinent issues within first degree murder context. This paper gives a clear definition of the concept of first degree murder, the scope of the problem, characteristics of criminal offenders, how rational choice theory relates to first degree murder, its application to criminal justice, and finally how different policies can be adopted following the rational choice theory to combat crime.

There are many different categories of homicide, but they are all charged as different levels of crimes. First degree murder is the most heinous, vicious act of homicide that a person can commit. In First Degree Murder—A Workable Definition, by Keith W. Blinn (1949-1950) explains the new Penal Code that was enforced in 1895 that divided first- and second-degree murder. First degree murder was punishable by death or imprisonment in the penitentiary for life (p. 731). Since the establishment of the Penal Code, America has since lived by it and uses it when handling terms of first-degree murder. Evidence is a major role when convicting a person for this crime. Without it, there is no way of proving that someone deliberately made a plan to kill someone before they acted it out. In our textbook, Criminology (fourth), Frank Schmalleger (2017) describes that first-degree murder involves malice aforethought which means that someone is waiting for their victim. The simple legal requirements needed to prosecute first-degree murder are the formation of the intent to kill and acting out the killing itself (p. 196). There is no significant number of requirements for someone to be convicted of first-degree murder. If it is planned in any way, willingly acted upon, and there is enough evidence the person will be convicted of it.

In many resources, first-degree murder is categorized under murder. According to the FBI’s Uniform Crime Reporting (UCR) Program, the estimated number of murders in 2016 was 17,250. It increased from 2015 by 8.6 percent. There were also 5.3 murders per 100,000 people in 2016. It increased by 7.9 percent from 2015 estimates. In 2016, there were 1,216 female and 8,938 male offenders who were 18 and over that committed murders. Under 18 years of age there were 55 female and 681 male offenders who committed murder. There was a combined total from male, female, and unknown of 16,964 murders committed in 2016 (Expanded Homicide Data Table 2). There were no arrest or clearance data reported for murders in 2016.

Using the data provided above men are more likely to commit first-degree murder, but there are a significant number of women who commit it as well. According to the FBI’s UCR Table 6, Terre Haute, IN had 4 murders and 157 violent crimes committed during the year of 2016 (Table 6). According to Blinn (1949-1950), most murders are committed in the heat of passion, which some say it could be premeditated, but not deliberate (p. 733). There are different characteristics the offender will consider when planning to commit a crime. Michael J. Zydney Mannheimer describes many characteristics of a killer in his journal, Not the Crime but the Cover-Up: A Deterrence-Based Rationale for the Premeditation-Deliberation Formula. These include; physical or psychological harmed victims, mercy killers, character respondents to extra ordinary situations, and mental ill victims, among others (p. 895; 896). Mannheimer (2011) describes how if the killer premeditates and deliberates on the act that they are not only more culpable, but also more dangerous than a killer who does not (p. 901). A person who plans and constantly thinks about committing this crime is more dangerous because they spend all of their time thinking and planning, which builds their anticipation of the crime and which allows them to release their pent-up rage when acting out the crime.

Following the offenders and victims’ characteristics discussed, the rational choice theory matches justification of first-degree murder incidences prevalent in the contemporary societies today. This theory was developed by Cornish and Clarke to help think through situational crime issues and bases on the utilitarian belief that humans are reasonable beings who measure the means and the ends of their actions. This theory borrows much from economic theories of choice behavior which reinforces the costs and benefits as important elements determining individual’s decision. Cornish and Clarke hypothesize that before indulging in crime, the offenders’ asses the likely consequences of their actions (Cornish & Clarke, 1968). The intention behind this theory is to provide a justification for situational crime prevention (Clarke 2014). As such, Cornish and Clarke argue that offenders’ rationality is bound within limitations in information processing ability, situational context, and emotions. In this regards, negative moods may lead to impulsive and risky decision making. This explains Blinn’s findings that most murders are committed in the heart of passion. Similarly, the physical and psychological wellness of an individual may push one into committing first degree murder. Moreover, illness is closely linked to reasons for indulging with murder. Further, responding to situations such as killing out of love to reduce suffering of a sick person (euthanasia), and protecting self from harm when attacked justify reasons for murder (Becker, 1968).

The rational choice theory can be applied in criminal justice system by reinforcing the motives behind the offender’s actions, methods used in murder, and the circumstances under which an offense was conducted (Cornish & Clarke, 1987). The theory is also used broadly to model the decision making process in court systems to understand behaviors of an individual in terms of actions that influence choices of indulging in crime.

The rational choice theory holds that crime is a product of criminal opportunity. As such, policies for crime management would include; decreasing the suitability of targets, increasing the number of guardians, and reducing the offender population. The rational choice theory assumes that the criminal justice system has the ability to control crime through aggressive law enforcement techniques and use of severe punishment to deter offenders. However, the major weakness in this theory is the assumption that criminals think about the consequences before involving themselves with crime. Consequently, a criminal can be deterred from committing crime if chances of apprehension are high, justice is swift, and the punishment is severe. Therefore, an inverse relationship should exist between punishment and crime. The sanctions for offense if heightened will discourage the offender from engaging in criminal behavior. Practically, crime rates are influenced and controlled by the threat and imminence of criminal punishment. Commonly, if punished more severely, offenders’ being rationally beings would choose not to offend since the offence is not worthy the punishment. However this applies to calculated and planned crimes. Moreover, increasing police patrol would significantly decrease instances of crime. Further, reducing opportunities for offenders to commit crime would help reduce crime rate. This works well in situational crimes where specific targets are safeguarded against criminals. Guarding targets, controlling means of crime committing, and monitoring offenders would yield a positive result in combating crime (Siegel and McCormick, 2006: 135). Techniques such as closed circuit television and public surveillance however have been criticized since they only move crimes to other locations. To solve situational crimes hence starts with addressing the root cause of crime such as poverty, welfare and housing, harm reduction, and health among other strategies.

In a nutshell, while many crimes are bad first-degree murder is undoubtedly the worst. A person who deliberately plans to kill someone should receive the worst punishment the justice system has to offer, which is the death penalty or life in prison. There are many statistics and articles that prove premeditative, deliberate, and willingly killing is classified as first-degree murder and there are fine lines that will convict a person of this crime. Statistics show that there has been an increasing trend on incidences of first degree murder. This problem confirms to the rational choice theory that assumes humans are reasonable beings who measure the means and the ends of their actions. This theory can be applied in judging motives and nature of crimes by the offenders during criminal court hearings to reinforce the motives and situations that triggered the criminal action. Finally, strategies such as decreasing the suitability of targets, increasing the number of guardians, and reducing the offender population have been noted as effective means of combating crime. These strategies can be reinforced through passing aggressive laws and use of severe punishment to deter offenders.

Reference Page

1. Becker, Gary (1968). ‘Crime and Punishment: An Economic Approach’. The Journal of Political Economy (76): 169–217. doi:10.1086/259394
2. Blinn, K. W. (1950). First Degree Murder. A Workable Definition. Journal of Criminal Law and Criminology (1949-1951), 40(6), 729–735.
3. Clarke, R. V. (2014). Affect and the reasoning criminal: Past and future. In J. L. Van Gelder, H. Elffers, D. Reynald, & D. Nagin (Eds.), Affect and cognition in criminal decision-making (pp. 20–41). London, England: Routledge
4. Cornish, Derek; Clarke, Ronald V., eds. (1986). ‘Introduction’. The Reasoning Criminal. New York: Springer-Verlag. ISBN 3-540-96272-7.
5. Cornish, D.; Clarke, R. (1987). ‘Understanding crime displacement: An application of rational choice theory’. Criminology. 25 (4): 933–947.
6. Schmalleger, F. (2017). Criminology (fourth). Boston: Pearson Education.
7. Siegal, L and C. McCormick. (2006). Criminology in Canada: Theories, Patterns, and Typologies (3rd ed.). Toronto: Thompson, Nelson.
8. Zydney Mannheimer, M. J. (2011). Not the Crime but the Cover-Up: A Deterrence-Based Rationale for the Premeditation-Deliberation Formula. Indiana Law Journal, 86(3). Retrieved from www.repository.law.indiana.edu/ilj/vol86/iss3/4
9. U.S. Department of Justice, Federal Bureau of Investigation. (2004). Uniform crime reporting handbook: UCR. [Washington, D.C.]: U.S. Dept. of Justice, Federal Bureau of Investigation, Expanded Homicide Data Table 2. https://ucr.fbi.gov/crime-in-the u.s/2016/crime-in-the-u.s.-2016/tables/expanded-homicide-data-table-2.xls
10. U.S. Department of Justice, Federal Bureau of Investigation. (2004). Uniform crime reporting handbook: UCR. [Washington, D.C.]: U.S. Dept. of Justice, Federal Bureau of Investigation, Table 6. https://ucr.fbi.gov/crime-in-the-u.s/2016/crime-in-the-u.s. 2016/tables/table-6/table-6.xls/view

Trifles Essay

To begin with my reasoning, I would like to admit that any of the sides, either justification or accusation of the women’s decision to hide the evidence, is right or wrong. This decision can be both justified and not justified. Arguments are enough to prove both sides. However, for the goal of this paper, there is a necessity to take a certain position and explain it. I will not venture to affirm that my position is unambiguously right but I can suggest enough argumentation to defend it and prove that even murder can be sometimes justified. I take a utilitarian position which puts that interests of majority higher than interests of a certain individual. Utilitarianism justifies actions that bring benefit to a large population even if interests of a single individual are violated. In this context, I will prove that women’s concealment of the evidence is a sign of hope for the better future. Thus, I take a position that justifies women’s decision to hide what they believe to be incriminating evidence. ‘Trifles’ is an example of feministic literature. From the perspective of feminism, freedom of thought, and action for every member of the society, including women, is the highest value. Considering, hypothetical murder of her husband as an act of emancipation, Mrs’s Hale and Mrs’s Peters’s concealment of some details can be justified.

History shows that the most significant breaking moments in the history of humanity occurred through huge sacrifices and much pain. It sounds sad and painful, but to receive something, one should first give something. Science can not explain the fact that the balanced exchange of energies in the universe creates order and organize chaos into something comprehensible. When we hear about the murder of a person, our human, compassionate nature aspires to justice and wants the offender to be punished for taking away human life. It is an undoubtedly, justified aspiration as human life seems to be the highest value. To a large degree, it is so until it does not come to a certain idea that aims to change traditional human life forever. It happens with the liberation of women and their emancipation in society. At a particular point in the history, feministic movements originated as an indicator of a new level of humans’ development, and the life of one male in this context is a sacrifice for a new reality of much more happy people than previously.

Both women experience a sense of guilt and duty to tell about their suspicion. However, they decide to protect Minnie from possible penalties. This act can be interpreted as immoral, at first sight. However, after careful consideration, their decision is an act of respect to female’s collective consciousness as free individualities of this society. They did not conceal the truth to protect the neibour, but they protected much more than just a woman. They defended the idea and their future. Their concealment demonstrates the necessity to address female needs as members of society. In this context, ‘Trifles’ is a sophisticated hint to this necessity.

Emotions tell us that human life is too precious to equal it to the value of a certain idea. We are brought up with the in-depth knowledge that God gives life, and only God has the right to take it away. However, when the cases of murder are considered, there are often many tiny details that lead to the act of murder itself. They often have an accumulative effect and represent the result of psychological pressure. Mrs. Hale and Mrs. Peters suspect that Minnie has probably killed her husband. However, they also suspect that Minnie herself is a victim of abuse. In this context, the case becomes much more complicated. Any science will venture to prove whether a murder is a just punishment for abuse. It is a matter of morality. Any science will venture to measure and accept a certain degree of abuse for which murder is a just punishment. It is also a matter of morality. With this evidence, Minnie is also a victim, as well as her husband. I will not venture to affirm whose victimization is more terrible. I accept a position of justification Minnie’s husband sacrifices for the sake of a more bright future for women and society in general.

In conclusion, it makes sense to say that the fact that the women keep from the sheriff what they believe to be incriminating evidence against Mrs. Wright can be morally justified. The main reason for this is the absence of an unambiguous measuring system to define the degree of severity of the abuse to be able to justify the murder. To claim unambiguously that human life is the highest value and, thus, nothing can justify the murder would be hypocrisy because history proves that human life had always been less valuable than globe scale ideas. In this context, Mr. Wright’s murder should be considered as a sacrifice for the future. Consequently, concealment of women’s suspicions should be considered as a contribution to a new and more promising reality.

The Psychopath And The Serial Killer Personality

When it comes to Serial Killers almost all of them admit that they started out by acting out their fantasies on small animals. They then moved to humans and later admitted that animal torture brought them a great source of pleasure. Because of this, both elementary and high school teachers are required to report the abuse of animals either in the classroom or when it is directly talked about. The American Psychiatric Association lists animal cruelty as one of the behaviors signaling conduct disorder. Clinical evidence indicates that often by the age of eight, animal cruelty is one of the symptoms usually seen at the earliest stages of conduct disorder. Conduct disorder is a range of antisocial behaviors displayed in childhood or adolescence. Most of the time the profiles of children who evolve in adult psychopaths have components from or had developed conduct disorder at a young age. There are many studies on the underlying risk factors for Psychopathy. These factors contain and focus on developmental, genetic, neurobiological, social, and environmental factors. It is very important to report these behaviors when they are detected because there is no effective treatment for Psychopathic Personalities in adulthood, however, children with a specific neurobiological profile or specific behavioral disturbances can be treated to an extent. Those who have an increased risk of developing a Psychopathic Personality in adult life, have better chances to respond in individualized interventions, depending on the character and willingness of the child. The parents can also play a huge role in the future shaping of their child by being educated in how to supervise their children, and overlook annoying behaviors, and encourage positive ones. They are influenced to avoid punishment due to the fact that it won’t help their child, but it strengthens undesirable behaviors. Instead, they say that the use of reward appears to have better behavioral results. Programs that aim to help and reform children from this disorder highly focus on therapeutic individual interventions. These programs help to reduce psychopaths in the adult population.

Given that most serial killers are from dysfunctional families, such pathological and abnormal behavior may be ignored. So with that being said, what is a serial killer? A serial killer has no true definition because it is such a broad spectrum. The closest definition to the term would be someone who commits at least three murders over more than a month period. Said person typically has a predictable behavioral pattern. Within this period there should be a “cooling off” time in between, allowing them to gather themselves. Most of the time they will have a sexual or psychological motive. There is something called the “prototype” serial killer. Within the prototype, there are multiple versions of serial killers. The prototype concept allows for a killer to be more or less of a so-called serial killer depending on how closely they resemble the prototypes. There are four types of serial killers. Hedonistic, power and control, visionary, and mission. Hedonistic serial killers, also known as the “lust” or “thrill” killers, have a strong connection between personal violence and sexual gratification. They receive pleasure from the experience by taking the time to torture the victim in many ways. These killers are the ones often portrayed in movies and are classified as psychopaths. Power and Control Serial killers complete sexual gratification from domination and humiliation from the victim. They live by their own rules and guidelines and are classified as sociopaths. Many famous killers fall under this category. Visionary killers are compelled by voices and visions that tell them to kill certain people, these killers are psychotic. And lastly, mission killers feel a need and duty to kill certain types of people or a “class” or people whether that be religious, racial, or prostitute.

Psychopathy is a mental disorder that is often seen in serial killers, and it is a disorder that will most of the time go undetected. It is where the patient lacks empathy and conscience. They have no regard for the feelings or needs of other individuals. They lack emotions such as guilt, fear, pain, and embarrassment. This allows them to act recklessly or aggressively, even when they are completely aware that their behavior is wrong. There was a study done in 2012 where they took classified psychopaths and “normal” people, who were used as controls, and put them through a series of tests that would provoke a signal of fear, pain, or nervousness. All of these traits can be shown through the rate of heartbeat, sweat gland activity, corrugator activity, and body language. Within this test, the subjects were given a painful electric stimulus. The results for the psychopathic subjects, compared to healthy controls, were immensely different, as they failed to give off any type of reaction. There was an absence of all conditioned responses. This test proved that their minds and bodies work chillingly differently. They don’t feel the same pain and emotions, and even their bodies don’t give off signs that they are in pain or uncomfortable. With this being said, this makes them highly unpredictable and very manipulative. Most of the time when a person has this mental disorder, it often goes undetected due to their abilities to manipulate, and superficially charm. Another strongly associated feature of psychopathy is something called blame externalization. This trait goes hand in hand with manipulation due to the extreme measures that it will go. They will often make people feel as though they are in the wrong, when in fact, it is the other way around. They are masters at the manipulation of other peoples’ feelings and emotions but they are unable to experience these emotions and feelings for themselves. They will spend a lot of time observing their surroundings and will take in information as to what society sees as acceptable and a model human being. They will then portray this act in their everyday life. Said person tends to be very likable and will most times come off as charming because of this.

Sociopathy, not to be confused with Psychopathy, is another mental disorder seen regularly in serial killers. Although often used interchangeably, the terms “sociopath” and “psychopath” have fairly different meanings. Someone who is characterized as a psychopath has no sense of right and wrong and is generally more manipulative, outgoing, and self-centered than someone who is characterized as a sociopath. Sociopathy is a disorder that correlates directly with antisocial behavioral patterns and attitudes, it is most closely related to Antisocial Personality Disorder. People with this disorder don’t understand others’ feelings and emotions. They’ll often break rules or make impulsive decisions without realizing the harm they had caused. Sociopaths can often lie, lack empathy, and have a weak conscience, which can lead them to be manipulative. They are also extremely volatile and are prone to having fits of rage and emotional outbursts. Unlike Psychopathy, classified sociopaths don’t really understand that what they are doing is wrong. With all of this being said, most cases of sociopathic individuals seem to be disturbed but they can actually show slight indications of trustworthiness, caring, as well as sincerity at times. All in all, the main way Sociopathy differs from Psychopathy is the slight ability to feel and the arrogance of how their actions affect them and how they have consequences. It is often easier to tell apart a sociopath from society rather than a psychopath who tends to fit in and be likable. Within the United States history, there have been approximately Serial killers to date. This number has been continuously growing as the years have passed.

The Biological Causes For Serial Killers

Introducing a new factor that is not really known, biological reasoning could be the main reason behind someone becoming a serial killer. Even though it is reiterated throughout life and things like religion and punishment, why would someone still kill multiple times? This is because this is how they were born and wired into life. Using the use of genetic disorders, family history, neurology and other elements, it will be evaluated if the lesser-known biological reasoning is the most prominent reason.

Many serial killers did not have serial killer parents as such but what about the children of serial killers? Their genetics could be a reason why another killer was born. For example, the son of the “Rostov Ripper” Yuri Chikatilo, definitely turned out to be a criminal. The “Rostov Ripper” AKA Andrei Chikatilo murdered 52 women and children and even though his son did not do as bad, his son, in 2009, stabbed a man several times. Prior to this, he had been charged with fraud, extortion, rape, kidnapping and racketeering. Even after knowing his father and watching him get punished for this, it wasn’t a big enough deterrent and the crimes were still carried out.

Even though this next example is not necessarily a murderer, this person has talked about being scared that they would end up like their parents. The son of Fred & Rose West, Stephen West, has said that he was worried that he may continue his parents’ murdering life with him referring to be much like his father in nature. With him knowing it’s bad, he still thought there might be a chance for him to turn out like that.

A reason why genetics and parents may not be a cause of serial killing is that there are many examples where the children of infamous serial killers have grown up in a more behaved way. For example, the daughter of Ted Bundy, one of the worst known serial killers, Rose Bundy was conceived when Bundy was in prison. Even though there is not much on her, it was said by a Quora user that she is a good Christian and is living a happy life with her surname changed. The fact that not much is known and “Rose Bundy” has not been in the news, it is suggested that might be true. This, therefore, maybe down to her environment and her relationship with her father being non-existent. Since she had no contact with her father and had learnt that his behaviour was the cruellest, she stayed away from that life and all bad. Despite Bundy being said to be one of America’s worse serial killers, his daughter has managed to stay away from that lifestyle.

The son of Gary Ridgway, Matthew, had a good relationship with his father with plenty of contacts. He mentioned that his father was a normal dad (a ‘soccer dad). As his father was murdering on the side, Matthew would spend time on the weekend with his father. Once, Gary brought Matthew in the car with a woman. When the woman didn’t return, Gary had told Matthew that the woman decided to walk. There was another time where, while Matthew was sleeping nearby, Gary had sexual intercourse with a murdered body. Due to Gary being such a doting father and despite Gary having strong fantasies about killing from a young age, Matthew did not turn into anything like his father. This further proves that it is more likely down to the environment that a killer is made.

Talking more about science, the study of neurology and the brain can help to distinguish what makes a serial killer different to others internally. James Fallon, a neuroscientist, has analysed 15 psychopathic killers and found that compared to a healthy brain, there was a decrease in the orbital cortex and the area around the amygdala. This is the part of the brain that prevents impulsivity so the decrease of activity, means the person is more likely to make impulsive actions. The impulsivity may explain the lack of remorse that a killer may feel when killing multiple times since they did what they wanted to do quickly and afterwards it was the satisfaction of letting out anger built inside.

Using Fallon’s research, he mentioned in his book that he had conducted scans of people in his family. When looking at a certain scan, he saw that one was like those of a psychopathic killer and to his surprise, it was his own. He is a neuroscientist with no signs of becoming a serial killer which shows that despite having this slight disability in his orbital cortex, there was no effect on him. You could argue that someone’s brain may not have always been in this certain way and only developed after killing more which explains how someone can kill again but in terms of being born with it, it would be ruled out.

Concept Of Murder In Islamic Law And Its Comparison With English Law

Abstract

Despite the universal hatred to the crime of murder, it is the unique feature of Islam that equates the killing of an innocent human being with the murder of whole mankind. Today many secularists uphold the dignity of human life so much that they stood against any sort of capital punishment for murder. An attempt has been made to show a comparative picture of criminality of homicide and its variant punishments between the concept of homicide under Islamic law and English law. According to the research of this assignment, the Laws of Islam have taken the issue of homicide more seriously and provided the heirs with more options to meet their grievances compared with the existing Common or English laws. Concept of Homicide (Murder) Under Islamic Criminal Law

Introduction

Homicide (Qatl) is an action causing the detachment of the soul from a human being. Islam considers murder to be the most heinous crime against a person. The blood of human being is sacred in Islam. Prophet (PBUH) reportedly stated that “the first act of Allah on the Day of Judgement would be to punish murderers by making them suffer the torment of Hell” Prophet (PBUH) at his last pilgrimage declared that “the blood of human being, their property and prestige are as sacred as the city of Harram of Makkah and the day of Arafah.”

Undoubtedly the greatest crime known to mankind is “murder” It has been punishable under all Systems of Law since early in the history of mankind and throughout the ages up to the present. Homicide (Murder) in Pre-Islamic Arabia: One distinctive feature of Arabian societies before Islam was hostilities and a desire for revenge. There were different clans (grouping of close relatives and families) There was always tension between one clan and another. There was no criminal law in operation but private revenge. In the event that somebody outside a clan murdered a member of that clan, it became incumbent upon the clan members to avenge his blood. The only possible way of providing the required blood was to go on a vengeance spree and therefore, consequent feud lasted for years.

From Vengeance Spree to Just Retribution: Islam radically renovated the default system and replaced it with another which, advocates justice and fairness technically referred to as ‘Qisas’ Foundation of Islamic Criminal System: The following verses, even though revealed on different occasions, are the foundation of the new Islamic Criminal System; “O ye who believe! the law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, mand compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.”

“In the Law of Equality there is (saving of) Life to you, o ye men of understanding; that ye may restrain yourselves.” “Never should a believer kill a believer; but (If it so happens) by mistake, (Compensation is due): If one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased ’ s family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (Is enough). If he belonged to a people with whom ye have treaty of Mutual alliance, compensation should be paid to his family, and a believing slave be freed. For those who find this beyond their means, (is prescribed) a fast for two months running: by way of repentance to All ā h for All ā h hath all knowledge and all wisdom.”

“We ordained therein for them: Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal. But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what All ā h hath revealed, they are (No better than) wrong-doers.”

The above verses clearly show that under the Islamic Criminal Justice Regime no life is worthless, regardless of the social, religious or gender status of the individual. Islam minimized the evil system by introducing three most salutary restrictions;

• a. Only the guilty party and not his fellow-tribesmen was liable to be killed or wounded.
• b. If the homicide or wounding was regarded as both deliberate and wrongful
• c. The injured party (in wounding) or his nearest heirs (in homicide) bring the matter before the judge.
• d. It is in their absolute discretion to pardon the culprit altogether, to settle the case out of Court, to accept the payment of blood-money instead of retaliation, or to claim their right of appropriate retaliation in person.

Qisas Crime (Murder)The offence of homicide is not a Hudood offence under the Islamic law but an independent offence, as it involves violation of the right of Allah and the right of man. In Islam individual right, however, overrides God’s rights in the sense that considerable discretion is given to the victim or his/her close relatives to seek retribution i-e Qisas, accept monetary compensation (Diyat) or forgive and waive both. The bottom line is that homicide under the Islamic criminal justice is a legally compoundable offence.

Quranic Verses Al Quran states; ”He who killed a human being without the latter being guilty of killing another or of spreading disorder in the land should be looked upon as if he killed all of mankind.” Qatl or murder of man by a man is no doubt the greatest crime of the society, it has been denounced in the Quran; “And do not kill anyone which Allah has forbidden, except for a just cause. And whoever is killed intentionally with hostility and oppression and not by mistake), We have given his heirs (wali) the authority to amend Qisas (Law of Equity in punishment) or to forgive, or to take Diyat ( Blood-money) but let him not exceed limits in the matter of taking life(i-e. he should not kill except the killer only); for he is helped by the law.”

Hadith Prophet (PBUH) has declared homicide (murder) as the greatest sin. He also said “The greatest sins are to associate something or someone with Allah and to kill human beings.”

Classifications of Homicide under Islamic Law

According to Islamic Law killing a person will only entail punishment or financial liability if it is committed unjustly or unlawfully (zulm). This means that the acts of killing or of inflicting injuries must have been committed without a legal justification. Such a justification can be the fact that the killing was a lawful execution, or that it was justified by the interest of the Muslim community as a whole, such as;

• killing of Muslims used as shields by the enemy during a siege or a battle.
• Killing a person is also allowed if he lacks legal protection, as in the case of apostates
• Killing in self-defense
• Killing of renegade from Islam
• Killing of a man who insults Allah or His Prophet (PBUH)

Classification of Unlawful Homicide

Qatl-e-Amid Qatl-e-amd is intentional, deliberate well designed and premeditated homicide. Qatil-e-amid is one of the types of unlawful Qatl. To constitute Qatl-e-amid it is not necessary that injury should be caused with intention to cause death. As intention is completely a subjective matter which is only known to Allah Almighty and the accused, therefore to ascertain whether the killing was calculated or not, the juristic propositions are as follows;

• The size and nature of the object used in the killing should be considered;
• The body part on which the blow was delivered should be examined.
• The state of health and physical strength of the deceased should be taken into full account.

Qatl-Shib-Amid: Qatl-Shib-Amid is the second and lesser degree of Culpable homicide ‘not amounting to murder’ i-e death as a result of an action not always but sometimes fatal.

Qatl-e-Khata: Qatl-e-khaṭa or accidental causes death of a person without any intention to cause death or harm. Although the cardinal principle in Islam is that human error is not punishable as stated in the Quran: “There is no blame on you if you make a mistake therein: what counts is the intention of your heart.” And the Hadith: “My Ummah are forgiven from acts of mistake; the loss of life still has to be remedied as life doesn’t go without recompense in Islam.”

All these classes are based on the texts of the Quran and the Sunnah and therefore agreed upon by the jurists. However, some jurists have tried to add more classes in homicide; Qatl Misl-e-Khata or equivalent to accident, e.g. someone falls upon another in his sleep and kills him; and Qatl bis Sabab or indirect killing, e.g. a person digs a well and someone falls into it and dies as a result. As these classes are not based on any divine text, jurists are of divergent views on these issues and, therefore, those rulings do not represent the universal laws of Islam.

Punishment for Intentional Homicide (Qatl-e-Amid) In the case of Qatl-e-Amid the murderer faces several punishments;

1. Moral Punishment i.e. hell as the dwelling place in the hereafter
2. Legal Punishment: Qisas or equal punishment (unless forgiven by the heirs of the victim for blood-money or for nothing) Punishment for Accidental Homicide (Qatl-e-Khata) In case of Qatl-e-Khata; punishments prescribed in Islamic Law are as follows;

• a. blood money and al-kaffara; if the victim is a believer residing in the Islamic state
• b. al-kaffara; if the victim is a believer residing in an enemy territory
• c. blood money and expiation; if the victim is a non-believer residing in a state with which the Islamic state has a peace treaty
• d. blood money and expiation; in case of mistaken killing of a non-believer residing in an Islamic state

After the consensus of the jurists if a believer accidentally kills a non-believer in a territory with which the Islamic state has no peace treaty, then neither blood-money nor expiation is legally binding upon the killer.

Punishment for Quasi-intentional Homicide (Qatl-Shib-e-Amid) Whoever commits quasi- intentional homicide shall be liable to Diyat and Qisas shall not be applied upon him. The Prophet (PBUH) is reported to have said; “The blood-money for quasi-intentional killing is severe like that for deliberate killing, but the perpetrator is not to be executed” Diyat: In Islamic legal terminology Diyat” is the name for the amount of compensation paid to the next of kin of the deceased as a substitute for Qisas in case of murder.

Purpose of Diyat

The purpose of diyat is manifold. Homicide puts an abrupt end to the life of the victim, whereby the victim’s family would be badly affected by this act, mentally, psychologically and economically. Thus, the aim is not only to calm the feelings of the legal heirs for revenge but also to console the victim’s family and compensate for the loss they suffer by such an offence. It has a punitive component as the Shariah uniformity fixes its amount to be equal for all victims, irrespective of their special status gender variations and other distinctions.

The amount of Diyat

The amount of diyat and the details of its payment are specified by the Sunnah; “The diyat for killing a soul is a hundred camels.” This was applied until Hazrat Umar became the Caliph and ruled that camels had become expensive. So he fixed the value of diyat upon those who possessed dinars as 1,000 dinars and on those who possessed dirhams to be 10,000 dirhams. The camel is still taken as the standard criterion and its equivalent market price in monetary terms is paid as diyat. The weight of gold currency (dinars) and silver currency (dirhams) as used by the Prophet’s Community have been declared to be basic commodities for the purpose of calculating diyat because they are still current and available in a form of pure gold and silver.

Concept of Homicide in English Law and It’s Comparison with Islamic Law

In terms of definition of homicide, there is no fundamental difference between Islamic law and English law. In English law, homicide is defined as” the killing of a human being by a human being.” Though Islamic law has divided the legal status of homicide into five categories;

• Obligatory
• Recommended
• Permitted
• Disapproved and unlawful

Whereas English law divides it into two broad categories;

• Lawful Homicide
• Unlawful Homicide

Lawful Homicide is further classified into;

1. Excusable Homicide: In which the bad character or bad intention of the person committing the crime cannot be inferred. It includes;

   I. Death caused by accident

   II. Death caused by child or a person of unsound mind

   III. Death caused by an involuntary intoxicant person

   IV. Death caused by a person in good faith for the benefit of the person killed

• (b) Justifiable Homicide: It may be committed by;
• (i) a person bound, or by mistake of fact believing himself bound, by law
• (ii) a judge acting judicially
• (iii) a person acting in good faith and in pursuance of a judgment of a court
• (iv) a person doing lesser harm in prevention of greater harms
• (v) a person acting in private defence

In English law, as applied in Pakistan; Unlawful Homicide is classified as

1. Culpable homicide amounting to murder
2. Culpable homicide not amounting to murder
3. Abetment of suicide (if suicide occurs)
4. Homicide by negligent act.

Culpable Homicide Amounting to Murder Equivalent to Intentional Homicide Culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death.

From this perspective it may be likened with ‘intentional homicide’ in Islamic law. In both, intention plays the central role. Culpable Homicide not Amounting to Murder: Culpable homicide will not amount to murder, if done under ‘grave and sudden provocation’. Though Islamic law exempts ‘lunatics’ from legal liabilities, it does not accept the excuse of grave anger to escape criminal liability of murder. The criminal is exempted from the liability of murder in English Law; Whereas in Islamic law both are to be held responsible for intentional murder.

Target- Accidental Killing or Mere Unlawful Act? English Criminal Law does not recognize wrong “target” as homicide at all. According to English law, it is merely an unlawful act which entails very little punishment. On the other hand, in Islamic law it is accidental killing in which offender is liable to pay blood-money unless forgiven by the heir of the victim. Abu Dawood defines quasi-intentional homicide in following words: “When the devil incites people to do evil, and blood is shed blindly, with neither malice aforethought nor bearing weapons.” Punishments for Homicide: The above discussion reveals that the English Law do not treat the criminality of homicide as seriously as is treated in Islamic law. So many acts have been driven out of the ambit of murder and made into mere unlawful acts. It is all at the definitional level. The lack of seriousness is more evident, when the issue of punishment comes forward. Even culpable homicide amounting to murder is to be punished with “death, or imprisonment for life, and shall also be liable to fine”

Culpable homicide not amounting to murder is lighter than that of murder. If the act is done with intention of causing death, the punishment is imprisonment for life, or imprisonment for any term, and fine. If the act is done without any intention to cause death, the punishment is imprisonment or fine, or both.

It is the common feature of supporters of secular laws that they portray themselves to champion of the dignity of human life. But when the punishment of the criminals who have showed no respect whatsoever to the dignity of human life comes forward, they always propose very soft punishment. By taking lenient position in favour of the criminals, they are, in fact degrading human dignity. Prerogative of Mercy of the Crown/Head of the State: Another dissimilarity between the Criminal law of Islam and that of English Law is that in the former it is the heir of the victim, not the head of the state or anybody else, who is empowered to demand Qisas or be satisfied with blood- money, or to forgive for nothing; while in the latter the heirs have been deprived from such rights and instead the head of the state has been vested with the power to pardon any criminal without showing any reason whatsoever.

Conclusion

Both Islamic law and English or Common Law treat homicide as a heinous crime. In punishing the criminal, the former authorizes the heir of the victim, not the Crown/State, to choose any of the three options Qisas, Diyat (blood-money), or Afuw (forgiveness) while the latter considers it as a crime against State and empowers the head of the state to pardon the criminal at his will with the exclusion of the heirs of the victim. In quasi-intentional homicide, both Islamic law and the criminal law of the country exempt the criminal from death penalty, but the former imposes blood-money in favour of the heirs of the victim (unless remitted) and the latter prescribes imprisonment for different terms.

References

Books

1. The Quran.
2. The Penal Code 1860
3. Crime and Punishment in Islamic Law (Muhammad Hashim Kamali)
4. Crime and Punishment in Islamic Law Theory and Practice from the Sixteenth to the Twenty-First
5. Century (Themes in Islamic Law) by Rudolph Peters
6. Principles of Islamic International Criminal Law A Comparative Search by Farhad Male
7. Gender Justice in Islamic Law Homicide and Bodily Injuries by Musa Usman Abubakar
8. Developments in the English Law of Homicide by Ronald H. Mausdsley

E-Sources

1. https://www.cps.gov.uk/legal-guidance/homicide-murder-and-manslaughter
2. https://www.cps.gov.uk/legal-guidance/homicide-murder-and-manslaughter

Examination Of The Neuropsychological And Intellectual Differences Of Murderers

In history over the years, human civilization has brutally overturned each other, bringing murder and harm into existence. Various cases sprung into the public eye as killings blossomed nationwide. Every day people were tricking society, hiding, and waiting for their next innocent victims to cross their path.

Once killings became more common, different types of killers began to be named and detected. There are four types of killers, each has its own way of proceeding with their victims. Killers who are compelled by visions or voices are considered psychotic. The voices are accused to be telling the killer to kill certain people due to their experiences, making this type of killer a Visionary killer. The most basic, well-known killer, is a Hedonistic killer. This type of serial killer makes a strong connection between personal violence and sexual gratification. This type of killer can also be described as a “lust” or “thrill” killer. This killer receives pleasure from the act and has eroticized the experience. They generally take the time to torture or mutilate their victims. A killer who feels an absolute “need” or “duty” to kill certain types of people is called a Mission killer. They tend to be extremely religious and some kill more toward people who have done badly in the past such as being in jail or even prostitutes. Although these killers view their murders as a good deed in the eyes of God, they are not psychotic. Lastly, there is Power and Control killers. This type of serial killer experiences complete sexual gratification from the domination and humiliation of the victim. This killer is a true sociopath and lives by his own personal set of rules and guidelines. Many of the famous serial killers we have seen in history and in the media would fall under this type of a serial killer. Some killers have a mixture out of these identified groups, but there isn’t an exact recipe for a serial killer.

We all are either organized or disorganized. Messy killers tend to lack covering up the tracks of their murders which often leads to them getting caught. These types of killers don’t usually plan out murders which is why they’re so careless with their victims. More than likely, the killers take action at the wrong place and time, with most of them not being aware of what is the correct time to do so. After the killer is finished, they move to different states or cities to avoid jail time along with being exposed to their violent doings. Usually, these people have low IQs and are extremely antisocial. They don’t have very much family which leads to them gathering voices in their heads telling them to proceed in a killing. Some killers collect “trophies” after they kill to remember their time with a victim but not disorganized killers. Since they have little sense of what and why they are killing, their attitudes are frantic after the murder which causes them to be difficult when it comes to confessing to their crime.

Organized people who act out and killers are the most difficult to capture. They have high IQs and are extremely manipulative. Due to their high intelligence, they can easily read people and use them to their advantage. Before they kill they take precautions to each step of their plans. This type of killer picks a victim and analyzes them for several days before pouncing. Once they are ready to kidnap their victim, they do it by making the person feel sympathy with the killer then proceed to another location before committing murder. These people make sure the body cannot be found that is unless they wish for it to be found. A killer like this calls their murders their “work” as if it is an art piece, meaning they have a great amount of pride in when they kill. Oddly enough, they stay in touch with the news, keeping up with the media’s details on the case. Organized kills also, find pleasure in causing the police confusion or frustration when searching for the killer or bodies.

People who view the news and observe the horrific incidents that occur always come to the question, how can somebody do that to another human being, this only being answered by retracing back to the mind of a killer.

Some people always say maybe these killers were born evil and that is simply why they are this way. Yet studies expose other reasonings as to why people become cold-blooded killers. Many killers have disorders that feed them unhealthy motives to kill. Serial killers are much more likely to exhibit antisocial personality disorders such as sociopath or more likely psychopathy, which are not considered to be mental illnesses by the American Psychiatric Association (APA). These disorders share many common behavioral traits which lead to the confusion between them. Key traits that sociopaths and psychopaths share include a failure to feel remorse or guilt, a disregard for the rights of others, a disregard for laws, and a tendency to display violent behavior.

Very few serial killers suffer from any mental illness to such a debilitating extent that they are considered to be insane. To be classified as legally insane, an individual must be unable to comprehend that action is against the law at the exact moment the action is undertaken. In other words, a serial killer must be unaware that murder is legally wrong while committing the act of murder in order to be legally insane. This legal categorization of insanity is so stringent and narrow that very few serial killers are actually included in it.

Psychopathic serial killers such as Ted Bundy, John Wayne Gacy, and Dennis Rader are entirely aware of the illegality of murder while they are in the process of killing their victims. Their understanding of right and wrong does nothing to impede their crimes, however, because psychopaths such as Bundy, Gacy, and Rader have an overwhelming desire and compulsion to kill that causes them to ignore the criminal law with impunity. The image of the evil genius serial killer is mostly a Hollywood invention. Real serial killers generally do not possess unique or exceptional intellectual skills. The reality is that most serial killers who have had their IQ tested score between borderline and above-average intelligence. According to sources from mythology, it is not high intelligence that makes serial killers successful. Instead, it is an obsession, meticulous planning and a cold-blooded, often psychopathic personality that enables serial killers to operate over long periods of time without detection.

The study is to examine the neuropsychological and intellectual differences of murderers who kill impulsively and those who kill as the result of a premeditated strategic plan.

Criminals who tend to kill often have a stressor to cause them to act out in a dangerous way. A stressor is a traumatic event that is elicited upon someone. Stressors are typically known to be “breaking points” that drive the ill person to act out on the feeling they’re experiencing due to the random stressor. The stressor can be linked to a traumatic past in their childhood or even early adulthood.

Serial killers have a connection to childhood abuse. Studies have revealed a number of murder cases where the murder has gone through a type of abuse as an adolescent. Approximately 42% of convicted serial killers suffered from physical abuse as a child and 74% suffered from psychological abuse. Sexual abuse also seemed to be a prominent characteristic among serial killers as 35% have witnessed the sexual abuse and 43% have been abused themselves. Another form of trauma linked to these killers is head trauma. Roughly 29% of serial killers were found to be ‘accident-prone children.’ The combination of these factors leads to various sociologists to view psychopathic behaviors as a defense mechanism for the brain.

Infancy is one of the most significant stages of a developing human being. Emotionally, infancy is extremely crucial to the future development of the adult personality. The first 12 months of life are especially important to the development of emotions like affection and remorse which are two traits serial killers lack. If a child doesn’t receive attention or touch from their parents within the 12 month period, the child may suffer substantial personality disorders in the near future. The range from absence emotions such as sympathy, remorse, and affection can cause the child to develop a sense of one itself. Infant bonding is the key to personality growth and development. This explaining why a common characteristic among killers is them being passed around from families attempting to be adopted, while never truly knowing genuine emotions towards loved ones. The emphasis of infancy upon early childhood has undercovered neurological and physical abnormalities that may begin as the prenatal stage in some humans. Links have been discovered between the impairment of executive brain function and aggression through research leading to many serial killers being diagnosed with a type of neurological disorder. This meaning the killers are reacting to chemicals in their brain and possibly hereditary factors rather than evil intentions.

Interacting with peers is another portion of early development as well. Commonly, serial killers were isolated from their childhood peers. Many killers suffered from issues such as stuttering, dyslexia, social disadvantages, and even weight problems.

Due to these killers’ disadvantages, bullying often occurs causing them to harbor secret aggressive fantasies, whether it’s to the bully or to easier more vulnerable targets. This makes the killer feel a sense of power as if they are rebuilding their loss of pride and confidence. Similar to their own bullies, they feed off of their victim as if portraying it as themselves being bullied. Making a reflection of their own sorrow and fear considering the fact that the child has problems expressing personal emotions themselves.

Another similar characteristic that serial killers collectively contain is having their dominant figure as their mother. The mothers of these soon to be murders tend to enhance or grow murderous hate towards women. The only explanation for this hate to begin is if the caretakers are over-controlling, overprotective, physically or emotionally abusive to their child. Statics show around 66% of serial killers was raised with the dominant figure being their mother.

Researchers have closely examined the reasonings as to why killers kill. In many cases, most research has unearthed the notion of killers killing to fill a type of empty void in him or herself. It has also been discovered some contain dark fantasies that fuel their motives to cast harm upon others. This being typical for most serial killers. Other studies have supported these findings and conclusive evidence presented has offered distinct patterns in reinforcing the behavioral context that serial killers maintain.

90% of serial killers are males in their 20s to 30s. Most are Caucasian males with a lower-to middle-class upbringing. These indifinications are used by the authority to personalize a killer to their crime, but how can a soon be victim point out their future of danger?

People who aren’t experienced in the works of profiling, can’t search out or know if they are speaking to a serial killer. Killers tend to hide due to them feeling different, or due to the scanning the people around them. No matter how people view this concept, killers are human just like everyone else. They go on with life as similar to the rest of society does. Some killers are arrogant, ignorant of their own crimes, while still exceeding in the attention of authority and the media. An all-time example of this type of killer would be Ted Bundy. His belief that he, in fact, did not commit these crimes were an annoyance to the courtroom. Ted even pushed to be his own voice in court, while angry, his lawyer then taking his placement. There are also killers who are tedious and shy away from the media. Shyness and arrogant killers determine whether or not the crime will be appointed directly to the right alleged murder.

Serial killers do kill numerous times but they do halt in their killings sometimes. The killer can experience “stress-free” areas where ever they travel to. The stressors backgrounds can be uprooted by any trigger, whether if it’s with another person or with the environment. Some killers kill prior to gender or race, with Ted Bundy preferring to murder various women, most with similar characteristics.

Overall, the time’s killings and vicious murders have marked the horrific history of the study behind these killings. Studies have proven that killers are created due to the killer’s upbringing instead of the person being born a bad seed. Being born evil has been officially blown out of the water, due to research of these people being abused in many ways throughout their life. Whether it’s verbally, physically, or emotional abuse is a key factor. Bullying and being shunned by society, while getting identified as a freak or an outcast is a lead to loss of self-awareness. People aren’t born to kill or to take part in wicked actions, they were molded by people who showed them how to hurt people. Thus giving them all they ever knew how to do, which was inflict pain upon others. Behind a killer is a person who didn’t receive help or the proper beginning of emotions for normal development.

The Origin Of The Term ‘Serial Killer’ And Its Effects On Society

The term ‘serial killer’ is one that the majority of people know. Whether they don’t follow the news, whether their language isn’t English, they will be aware of ‘serial killers’ in some semblance of the phrase. Serial murders are by far one of the most brutal and violent crimes possible, but advancements in the field of criminal profiling in the last century have seen a significant rise in the capture and prevention of them. Serial killers tend to dominate Western countries, such as the United States with 2743 cases of serial killings, and the U.K. with approximately 19 times less, at 145. The Eastern world has considerably less, with Australia, Russia, and India all having recorded case numbers below 80. [1]

The concept of crime has existed for centuries, and it’s a notion that every modern society has recognised. The earliest account of a formal acknowledgement of crime comes from the Sumerian people in 2100-2050 B.C. who were the first to establish a base for criminal law as we know it today [2]. Whilst the idea of what constitutes as an illegal criminal act has evolved greatly over the years, the definition of murder and its lawfulness has remained principally undisputed.

What has been a topic of change, mainly throughout the western hemisphere, is what we consider mass killings by one or a few persons to be. Many factors have played into the deliberation of how to divide cases with multiple victims. Early consideration of the name was Mass-Murderer – A title still used to this day and is largely confused with the term serial killer. However, a mass-murderer is nowadays considered to be a separate title to that of a serial killer, despite mass-murderer having provided an umbrella term for both acts in the past. The most basic definitions that can be used to divide the two terms into what they’re known today are:

Mass Murderers are one or few individuals who kill only on one occasion. There is little to no chance of a repeat offence, and the perpetrators often welcome the legal implications following the crime. [3] Serial Killers can also be one or few individuals, but who kill three or more times over a short or long period. Their repeated acts of brutal murder often leave investigators with little clue to their identity. [3]

The most widely accepted origin of the phrase ‘serial killer’ is by FBI agent Robert Ressler during the 70s. His pioneering work on behavioural psychology not only gave popularisation to the term, but it gave serial killings recognisable criteria that could be put into the practice of criminal profiling. Ressler worked alongside F.B.I agent John E. Douglas, and Ann W. Burgess, A psychiatric clinical nurse specialist who consulted with the FBI agents during their investigations into serial killings. [4] The widespread attention of the trio’s work, not only in policing circles but in media too, cemented the influence of the term serial killer on a substantial amount of the media and law that followed.

During the late 1960s, serial killers were on the rise. This incline on the frequency of serial killings didn’t stop until the 1980s, peaking at at least 200 active in the US. [5].

During the late 19th century, the media had just brought to light the existence and potential for serial killings. The first reported use of a word echoing ‘serial killer’ was the term ‘multi-murderer’, first used to describe H.H.Holmes [6]. Whilst, of course, unrecognised serial killings did exist before H.H. Holmes, Holmes’ case was highly popularised by the media, stirring names such as ‘Torture Doctor’ and ‘Monster of 53rd Street’ [7].

H.H. Holmes was particularly sensationalised for the sheer amount of techniques he used to satisfy his instinct to kill. Holmes built a three-story building, dubbed ‘the castle’, that would house not only many of his business ventures, but also rooms tailored to kill. Holmes used many brutal techniques to incapacitate and murder his victims. His more notable methods included vats of acid, live cremation, and stretching racks, all of which he would use on his victims alive [7].

Holmes’ case truly exposed how smart killers could be. Holmes was a doctor, a wealthy businessman, and had successfully changed his identity multiple times, having left his first family in New Hampshire to start another with a new woman, and enchanted many more women outside of his three marriages.

H.H.Holmes was a major attention grabber for the newspapers. It is highly probable that the hysteria surrounding Holmes and the continuous build-up of theories and incorrect statements regarding how many victims Holmes actually had was a result of Roswellian syndrome [8]. Roswellian syndrome, when a subject that was once of high public interest reemerges just as popular or even more so, created new, more thrilling theories for Holmes, many being stirred by H.H.Holmes himself when he capitalised off of his crimes through his book ‘Holmes’ Own Story: Confessed 27 Murders, Lied Then Died’.

It’s possible to hypothesise that serial killers became more pre-eminent as societies became more populated. H.H.Holmes killed in the years when the population of his city became advantageous to his crimes [10]. During the 1980s, Chicago’s population boomed, increasing by 600,000 people, reaching a population of 1.7 million by 1900. [11] By acting in densely populated areas, H.H.Holmes could easily satisfy the aspect of a serial killer’s profile that requires them to have a specific target group. He chose targets that would be noticed if they went missing for an extended period of time, also satisfying the idea that serial killers build a profile around whether or not they wanted public attention for their criminal acts. [10]

Later on, during the 20th century, serial killers reemerged as a topic of change for investigative criminal services. There was an obvious and concerning rise of serial killers, especially those most prominent in the press such as Ted Bundy, Charles Manson, and the Zodiac Killer (whose identity remains a popular mystery to this day), most of which operated throughout the 60s and 70s.

Not only was there a rise in serial killers, but there was also a rise in unsocial behaviour being normalised by families. America and, by the USA’s influence, the rest of the western world were grasped by the extreme political ideas leftover from Senator Joseph McCarthy’s ‘red scare’ era, the Vietnam War, and the Civil Rights Movement. On top of these politics came the sexual revolution, along with with the assassinations of important political figures such as Martin Luther King Jr. and President John F.Kennedy. The disruption of political ideas that had controlled the western world for decades foregrounded an atmosphere of instability [11].

However, it wasn’t the case that serial killers were on the rise simply because of political upheaval. The rise in serial killers may well have had everything to do with advancements in the United States policing during the 60s and 70s. Partially due to federal law enforcement’s engagement in tracking crimes that crossed state lines, the National Crime Database was created, along with an expanded database of missing persons in 1975. A rise in centralisation aided the identification of links between crimes that weren’t initially clear- Multiple homicides from broader geographic areas and obscure but common trends between modus operandi. [12]

By the time that FBI agents Robert Ressler and Henry Teten, two of the FBI agents behind the groundbreaking behavioural analysis unit founded in 1972, the United States were well into the golden age of serial killers. Their studies on the behaviour, experiences, and psychology behind criminals became the forefront of solving and preventing future cases of serial murders and other violent crimes.

The Real Identity Of The Green Serial Killer And The Boston Strangler

To properly being able to discuss this essay in-depth, it’s necessary to understand first what the term serial killer means. The proper definition of a serial killer is the illicit murder of at least two victims or more committed by the same person, but in different times and places. This term, it’s often been confused and it’s hard to distinguish with the term mass murder, which is defined as murders that took place at the same time and place committed by the same person. Throughout the years, there has been some discussion about the adequate definition of a serial killer, as there are a few aspects that need to be taken into account when considering a perpetrator, a serial killer. (Federal Bureau of Investigation, 2010) (Serial murder | Definition, Characteristics, Types, & Facts | Britannica, 2020).

The discipline of forensic science is crucial in a variety of aspects in the legal system. In the court, a forensic scientist acts as witness expertise. They provide reliable and impartial knowledge about the pieces of evidence that were collected from the crime scene, which were later investigated in a laboratory using different forensic techniques. It can introduce key arguments that will define whether the alleged accused was in any way present the moment the felony took place or on the contrary, it can prove that they are being accused wrongfully. The field is also used when investigating a case, it can offer a breakthrough in the case and often leads to the capture of the perpetrator. (Jackson and Jackson, 2008).

To demonstrate how the advancement of techniques in forensic science was used for the prosecution and identification of different perpetrators, two notorious serial killers will be considered.

Gary Ridgway

The case for the first serial killer was solved entirely as the result of the development of new DNA techniques almost 20 years after his first victim. Gary Ridgway committed his first five crimes between July and August of 1982, the bodies of his victims were found on the shores of the Green River on the King’s County, WA. Hence his serial killer name, the Green River killer. (Levi-Minzi and Shields, 2007) (Palenik, 2009). By 1984, the police department was able to link at least 20 deaths to the Green River killer. (Levi-Minzi and Shields, 2007). His victims were mostly women prostitutes that he would rape and later killing them. (Svoboda, New York Times, 2009). Gary Ridgway was captured on the 30th of November of 2001 while working as a spray painter. This was not his first encounter with the police department, as, in 1982, he was arrested on charges of soliciting prostitution. However, in 1983, he became a person of interest in the Green River case, so he was brought to the police station for interrogation where he completed and passed a polygraph examination. After this test, he was released and was no longer in the attention of the police. Nonetheless, in April of 1987, the authorities were interested in him again and took hair and saliva samples, along with a search in his property. (Douglas and Olshaker, 2017) (Levi-Minzi and Shields, 2007). He was charged for the first-degree murder of forty-nine victims in 2003 after he pleaded guilty to avoid the death penalty. (Douglas and Olshaker, 2017). He later claimed that his total killing count could be of up to 90 victims. (Lackey, 2019)

During the investigation of the first crime scene, DNA was found. (Maleng, 2004). But, as it was at the early stages before any proper DNA analysis was created, the samples were in no way useful for the identification of the serial killer. However, in 2001, new DNA techniques were discovered and finally, the samples took from different crime scenes and the samples that Gary Ridgway provided were a perfect match, therefore confirming his identity as the Green River killer. The DNA methods used for his identification were the short tandem repeat (STR) and the polymerase chain reaction (PCR). STR is a short part of the DNA that contains different pairs of bases, each individual has a different number of base pairs and different lengths of them. The PCR technique is linked to STR. The method separates STRs from the DNA helix and then forms several copies of it. To be able to confirm that Gary Ridgway was the serial killer, the test needed to have a positive confirmation of over 13 of the STRs to match between the samples collected from him and the samples from the crime scene. (Balangue, 2018).

Once he was captured, investigators were trying to provide more forensic evidence for the prosecution of Gary Ridgway. So, in July of 2002, a forensic scientist was contacted by the police to examine further microscopic paint particles that were extracted from different crime scenes and some clothing of the victims. He needed to provide an answer whether these specific particles match any paint particle obtained from Gary’s locker, home or car. Unfortunately, the match was negative and there wasn’t any linked between them. However, after re-exanimating different victim’s clothes, it was noted that there were quite a large number of sphere spray paint particles, which were a match to the spray paint that he used at work. This helped in connecting him with 6 more victims. (Palenik, 2009)

Albert DeSalvo

The case for the second serial killer is quite different from the previous one. The accused, Albert DeSalvo was charged on rape charges that were not related to his activities as a serial killer in Boston. Later in prison, he finally confessed to the killing of 13 victims between 1962 and 1964. His method to execute his murders would be to rape his victims and afterwards, strangle them to death, hence his label as the Boston Strangler. He was then assassinated in 1973 while in prison. When he confessed his crimes, there was some doubt about his identity as the Boston Strangler, so in 2013, the National Institute of Justice of the USA, funded the reopening of the case to try to obtain a final answer. (National Institute of Justice, 2020) (National Institute of Justice, 2014).

When these crimes took place, the analysis for DNA was almost inexistent, so it was difficult to match the culprit with any DNA evidence that was collected from his victims or in the crime scene. One of his last victims, who was Mary Sullivan, was murdered in January 1964 and when the team of forensic scientists investigated the crime scene, they were able to collect seminal fluid from Sullivan’s body and on a blanket at the crime scene. Almost 48 years later, these samples would be the key to finally resolve the true identity of the Boston Strangles. (National Institute of Justice, 2014)

In 2012, the Boston Police department reopen the case through a cold case program. They asked the nephew of Albert DeSalvo’s to provide a DNA test to match it with the seminal fluid found on Mary Sullivan’s body. The forensics team used the technique of Y-chromosome short tandem repeats (Y-STRs), where it shows that every single male member in the family has the same Y-STR DNA profile. So, when this method was used to match the evidence from the crime scene and the DNA sample from the nephew, it ended up being a positive result. This means, that any male member of the family DeSalvo was associated with the murder, this test also eliminates 99.9 per cent of the male population. They then decided to go a step further and be more precise with their technique, as it doesn’t provide an individual result and exhumated Albert DeSalvo body to obtain direct DNA from him this time. They extracted DNA from his femur and three remaining teeth. With these samples, they were able to obtain a perfect match that confirmed that Albert DeSalvo did rape and killed Mary Sullivan. (National Institute of Justice, 2014)

Discussion

In this section of the essay, the advantages and disadvantages of the two techniques used for the investigation and capture of the Green River killer and the Boston Strangler will be review.

For the examination of a DNA evidence sample, the PCR technique is used, which consist of the DNA extraction, quantification and the STR amplification. A key disadvantage during this whole process is the possibility of the loss of DNA. The DNA polymerase used in the technique is likely to be predisposed to errors and as a result, it can cause some mutations in the section generated. The section generated by PCR can be altered by nonspecific binding of the primers to other similar sequences on the template DNA. (Garibyan and Avashia, 2013)

One of the main advantages of PCR is that it allows rapid amplification of the required section of DNA and with enough sample, it can create a large number of copies, which can be used for the detection and identification of gene sequence by using visual techniques based on size and charge. A new improved version of the PCR can maximise the quantities of DNA to be targeted, which at the end reduces the opportunities for error and contamination during the whole process. (Garibyan and Avashia, 2013) (Cavanaugh and Bathrick, 2018). Another advantage is that when there is a match of over 13 STRs between samples, it means that there is a possibility that 1 in a trillion chance, someone else has the same amount of STRs as the individual in question. (Balangue, 2018).

The main advantage of the Y-STR technique and why is so useful in the forensics field is because it’s able to recognise the Y-chromosome gene fragment, and therefore concluding the biological sex of the sample. In sexual assault cases, even where there is a high mixture of female and male DNA, still the technique would only recognise the male DNA. Any sample analysed with this procedure will acknowledge all the male members of the sample’s family, as they have the same Y-STR DNA profile. In a case, this narrows the investigation and provides a step forward in the identification of the perpetrator. (Kayser, 2017) (Prinz, 2020)

On the contrary, the main disadvantage that the technique presents is that it doesn’t differentiate male relatives, it only gives a general idea about the family. (Prinz, 2020). This means that it’s harder to obtain a solid identification of the offender. Also, to be able to do this technique the DNA of any male member of the suspect’s family is necessary, but the acquisition of the require sample can be hard if there are no leads at all in the case and the family of the suspect is completely unknown.

Conclusion

From all the information gathered throughout the essay, the continuous development in new DNA techniques and the willingness of scientists to take the field of forensic science a step further was extremely vital to provide the real identity of the Green Serial killer and the Boston Strangler.

In the Green River case, it can be observed the reality of what happens when the techniques available at that time are precarious, and because the PCR technique was still not developed, Gary Ridgway was able to continue committing his crimes, taking the lives of around 90 victims. Even though the forensic scientists investigating the first crime scene knew there were not enough DNA techniques, they still recover DNA samples, believing that in the future a technique would be developed and as a result of this, 20 years later, he was found guilty and finally incarcerated, thus achieving justice for his victims.

For the case of the Boston Strangler, Albert DeSalvo was never convicted for his crimes, nonetheless, he did confess to the murders and then he was questioned about it. So, with the apparition of the Y-STR technique and the predisposition of his family to cooperate with the police once the case was reopened, the mystery was finally resolved and it concluded that he was the Boston Strangler.

The Peculiarities Of Luis Alfredo Garavito As A Serial Killer

The definition of a serial killer is a person who commits a series of murders, usually without motive, who has a distinct pattern in which their victims relate to each other in some way or another, and in order to begin, one must first learn some basic facts about serial killers. Most serial killers only kill for their own enjoyment or for financial gain and the most common way is through shooting their victims or strangling them. The gender split for victims is about 50/50, with predominantly young, white victims. Most serial killers in the United States are under the age of thirty and have a decent intelligence quotient. Some serial killers break the norm though. With people like Richard Ramirez, who once electrocuted a woman to death, and Jeffrey Dahmer, who murdered and dismembered many men and young boys. There are many more terrifying and horrible serial killers around the world, but there is one particular person that many people around Columbia find to be the most horrifically insane and murderous, Luis Alfredo Gravito.

Luis Alfredo Garavito is often referred to as “La Bestia,” meaning “The Beast” in spanish. This psychopathic man is responsible for numerous gruesome and horrific deaths, and those are just the victims that were confirmed. No one really knows how many he has murdered or how gruesome and gory the kills have ever gotten. He is one more reason why people should always try to be around their kids and watch them closely, kids are very weak and easy to overtake. That is why most serial killers go for kids, because they themselves are too weak to overtake a grown man let alone strangle or torture them. What’s really scary is that a lot of them do not feel any remorse for what they did, and they are always thinking about their next victim.

The Beasts’ Childhood

Luis Garavito was born in Genova, Quindío, Columbia on January 25, 1957. Being the oldest of seven brothers, Luis and his siblings were often abused by their alcoholic father, Manuel Antonio Garavtio and his neighbours. Manuel would do unspeakable things to Luis and his brothers, he would beat them senseless and would sexually assault and rape them. Luis eventually ran away at the age of 16, having never finished school, and had a girlfriend named Teresa. They had a child together and reportedly Luis was very fond of and nice to their child. His friends even stated that he was “a kind man with a volcanic temper.” He moved looking for work many times and each time he had been drinking and behaving violently. Luis soon became an alcoholic just like his dad and even attempted suicide before being sent to psychiatric care and was diagnosed with a personlatily disorder.

When He Started

He supposedly started killing in 1992 by luring kids, ages six to sixteen, with promises of small gifts, money, or work. He even dressed up in many different outfits as to not cause any sort of suspicion. These outfits include a farmer, drug dealer, and an old man. Where his victims lived was spread throughout Columbia and they were usually orphans or children whose families couldn’t financially support them and kicked them out on the street. Since he preyed on these boys who were essentially abandoned, he got away with many murders due to the fact that the boys would not be missed or searched for so their disappearances were ignored by everyone.

How Did He Kill Them

He first walked with them after they began to trust him, once they were tired it made them easier to handle and he took them to where he killed them.The way in which he chose to murder his victims varies from just killing, to strangling and mutilating and sometimes he even decaptitated them. He would always rape and sexually assault his victims, it didn’t matter if they were dead or still alive. He even sliced of their penises and shoved them in their own mouths. He was arrested in 1999, and confessed to murdering 140 boys aged from eight to sixteen and told the authorities where he had hidden the slaughtered boys. They ended up finding mass graves where he had dumped the bodies and mutilated them. The bodies had bite marks all over them and they found liquor and lube at the crime scenes.

Trial

He was found guilty of the murders of 189 boys in Columbia and was sentenced to 835 years in prison, even with Colombia’s policy that prohibited a life sentence. No one really knows how many Garavito has killed, but there are 138-192 confirmed kills. His murder spree could have exceeded 300-400 victims all around Columbia in 54 towns, but most of them took place near Pereira and around where he grew up. He is still alive today and he is still the world’s worst child serial killer, and for good reason.

CONCLUSION

I now have the insight to what the world’s worst child serial killer likes to do. He likes to mutilate, torture, and murder. Serial killers have the strangest mindsets, in that they somehow love the feeling of strangling and murdering people and they just repeatedly do it so much and sometimes have little to no remorse. I read about this man until I couldn’t any more because the details of his killings get extremely graphic and just hearing about children getting mutilated and buried in shallow graves is highly disgusting and revolting. I know now that many parents lose their loved ones, and sometimes never even know it.

The sheer thought of losing immediate family is scary even though it will happen to everybody. Garavito took what was not his and what isn’t anybody’s to decide over, which is if someone should die or not. This man’s mentality was very peculiar because he seemed to show remorse in a video of him confessing, but somehow he did not have remorse because if he did, he wouldn’t have done what he did and not nearly how many times he did.

Works Cited

1. Blanco, Juan Ignacio. “Luis Alfredo Garavito: Murderpedia, the Encyclopedia of Murderers.” Luis Alfredo Garavito | Murderpedia, the Encyclopedia of Murderers, murderpedia.org/male.G/g/garavito.htm.
2. The Editors of Encyclopaedia Britannica. “Homicide.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., 15 July 2016, www.britannica.com/topic/homicide.
3. “Infamous Colombian Man, Called ‘The Beast’, Is the Worst Serial Killer in History Because of This Brutal Reason.” HistoryCollection.co, 9 Nov. 2017, historycollection.co/luis-beast-garavito-worst-serial-killer-history/.

Does Astrology Characterize Serial Killers?

Abstract

Have you ever wondered makes a serial killer? Why do they act the way they do and what do they have in common? In this paper, I start with explaining what astrology is and how some signs characteristics are different than others. I used an article by Aaron Azucena in which he describes what a zodiac sign is and how they present themselves in people. I also look into monoamine oxidase which is also known as “the serial killer gene”. I use Neurosci article explaining the gene and how many scientists profile people who carry the gene.

Introduction

Not many people think about astrology and serial killers being linked together, but some studies and research shows that many serial killers share the same zodiac signs and personality traits. Although this has not been found as concreate evidence there are various articles showing the comparisons between the two concepts. In my opinion I do think there is a good chance that one’s zodiac sign can determine if they will be a serial killer or not. However I do not think this is the only indicator that we should go off of I do think people should look more into astrology to help better understand how serial killers are made.

Zodiac signs

Many people wonder how they form the personality they have and most argue the debate between nature vs nurture. Many astrologists argue that your zodiac sign and birth chart form your personality. They believe that the month and time that you were born forms how someone will act as they grow up. This is how horoscopes came into action, many believe that your horoscope will depict your day, week, or month because of your Star sign. We categorize the zodiac signs by month, so let’s say that you were born on July sixth that would make you a cancer. There are twelve zodiac signs for all the months and each have their own personality traits. For example, cancers are known to be very emotional and sensitive but Geminis are known to be very sneaky and untrustworthy. The question Azucena asks in his article is, are horoscopes the one defining us or are we the ones defining horoscopes? Many people rely too heavily on their own sign but is that just because it really is a personality trait or we just want to make sense of when bad people do bad things?

What is a serial murder?

The American public seems to be infatuated with horror and serial murders but do we really even know anything about them? Zeigler the author of “inside the mind of a serial killer” wrote that potential killers think that their murders will fulfil them both psychologically and internally. They do not understand how their murders will affect others involved, the friends and family that will endure trauma and grieving, they only understand their urge to do bad things to random people. So, why do these serial murders occur? Many of collected data that shows serial killers are typically sociopaths or psychopaths and during their childhood they were subjected to fire starting, elongated bedwetting, or animal abusers. what many people do not understand is the difference between a psychopath and a sociopath. Many people use these words as if they are interchangeable, however there are various differences between these two disorders. A psychopath is someone who cannot feel empathy or be in a loving relationship but they can mimic human emotions and are very precise and plan out their crimes very carefully. However, a sociopath displays an antisocial behavior but can form normal relationships and can even have close friends and significant others. Yet they also have impulsive behaviors and their crimes are normally unplanned and leave a lot of clues.

“The Serial Killer Gene”

Monoamine oxidase (MAO) is a gene from the X-chromosome and is now referred to as the serial killer gene because of the vast majority of serial killers having this gene. This gene is located in the outer membrane of the mitochondria and shows different behavioral patterns in carriers. Monoamine oxidase is rare disorder that mostly show up in males but can present itself in women. Neurosci shares that there are two forms of MAO, MAO A and MAO B, he goes on and says that MAO A presents abnormal aggression whereas MAO B’s activity shares a link with Parkinson’s disease. Therefore people mainly focus on MAO A as that is the one that is causes the brain to want to cause hard and have aggressive thoughts. MAO A shows signs at birth and MAO B’s activity increases with age, it is believed that since MAO A is shown at adult levels even at birth that this is an easy indicator of a serial killers but this gene makes children more aggressive and more likely to act out in harmful ways. Although this does not mean that every carrier will grow up to be a serial killer but there is a higher likelihood that the people who have MAO will act out or be more aggressive or “hot headed” and impulsive.

Gender differences and serial killers

If somewhere were to search up ‘serial killers’ on the web they would see mostly males, but why is that? Harrison, Hughes, and Gott did a study on why there is a gender difference in serial killers and how they commit crimes differently. They made a strong claiming referring back to old times saying males are more of the ‘hunters’ type of serial killer where they stalk their victims and kill at random whereas women are more of the ‘gathers’ for their victims and kill people they know or resemble the looks or personality traits of people they know. They go on to talk about how male serial killers tend to stalk their victims for sexual pleasure and for a power dynamic. This is called “predatory behavior” and most male serial killers tend to use this for a sort of thrill seeking play before eventually killing their victims. In their head this is a way to get their dominance across and feeling as if they have an upper hand on their prey. They see themselves as a hunter about to kill a deer but instead of it being for survival it is simply just for sport. They will spend days or even weeks stalking their victims waiting for the right time to attack and force them into submission.

Most male serial killers preform sexual and humiliating actions on their victim before they kill them. Women, however, tend to kill quietly and do not have sexual relations with their victim. Women serial killers are often rare and because of this most people disbelieve that a women could have committed a serial murder and are often over looked when there is an investigation. Hughes researched that 80% of female serial killers knew their victim personally and the rest of the 20% of their victims were acquaintances, ex’s, significant others, or strangers. Studies show that men tend to be more violent and feel the need to assert their dominance over others, this could be the reason why most serial killers are men who feel as though they need to kill in order to keep their power and why women tend to be the prey and not the predators.