In 2012, the city of Chicago led the nation in recorded homicides. Please pause for a moment and ponder these numbers – 3,066 shootings and 503 murders in 365 days. These stifling figures constitute an average of nearly 10 shootings and 1.5 murders per day. It is also worth noting that these are the incidents reported to the police.
With that many documented shootings, the number of murders could easily have doubled since every shooting is potentially fatal – even those intended only to deliver a message or warning. Of the two or three dozen murder trials I have handled in 22 years, a gun was used as the murder weapon in almost every case. Sadly, many people carry a gun today, especially in the city. I have repeatedly heard the people arrested for gun possession explain to me in court that because of the abundance of firearms on the street, they need it for their own protection. My on the job experience bears this out. Everybody has a gun.
Please ponder a second question: How many times have you lost your temper in life? Anger has probably enabled you on one or more occasions to have the requisite intent necessary to exhibit the motive, ill will or intense passion that has revealed itself many times in homicide cases. At this point, there is only one contributing circumstance needed to move from intent to completion. How do alcohol, drugs and mental health issues increase the risk of violent action? How about intense and continuous stress, friends or acquaintances with a hair trigger temper or a propensity for violence – what affect do they have on the final result. Simply the wrong people, places and circumstances – these are the factors that spur violence.
I am not addressing the person who plans and “lies in wait” to take a life. Premeditation[1] or intent can arise in an instant; it doesn’t have to be intended, at least for a specific period of time. [2]
My aim is to bring attention to the great number of murders committed under unplanned circumstances - an argument with a spouse, relative or even a stranger that gets out of hand. In regards to intimate relationships, how close does a person who is going through a divorce or separation get to have the requisite intent to kill? I learned long ago that love and hate are deeply rooted emotions, but that they are often not found on opposite ends of the continuum. They are not polar opposites, but exist next to one another. There are times when they join forces, making it difficult to tell the two apart. “Was that one love? Was this one hate?”
In the annals of mankind, you don’t hate a stranger who you don’t at least know by personal experience or by reputation, stereotype, perception or fear. The worst crimes in history have taken place during civil wars, acts of genocide, religious differences, racial prejudice, ethnic cleansing and wars with neighbors who hate each other. People with knowledge of these things teach us directly, as well as indirectly, who to fear. The media in all its forms contributes greatly to our perception of those people – those who are different from us. We quickly learn who to be careful around and who to avoid.
My point can be concluded with the fact that the criminal homicide laws in Pennsylvania have five different levels or degrees of murder, and only first degree includes the premeditated intent to kill. Second degree murder encompasses killings that happen during a felony, like a burglary, robbery or rape. There is no premeditated intent to kill; but the crime went terribly awry and resulted in murder. The third category includes all other forms of killing, where there were no other crimes committed and there is no evidence of pre-meditation. Voluntary homicide is the fourth category. It also excludes the intent of malice, and is not felony murder. In fact, it is not even considered murder. It is defined by acting under intense provocation or being blinded by rage. Involuntary manslaughter, which is the fifth category, is also not considered a felony murder under law. It is distinguished from manslaughter because it is not committed by blind rage or intense provocation. It is a crime of criminal negligence such as dumping a load of stones at a construction site without looking to see if anyone is in the path of danger.
There are also many examples where shootings have occurred over trivial things - fighting over a parking space, being cut off in traffic or other forms of road rage. In addition to the wrong people, places and circumstances one is confronted with, timing is also a factor in this issue. [3]
It seems logical that if there were not so many hand guns available, these conflicts might not be so quickly resolved with finality. These resolutions with a gun involved are usually final. We can’t turn back the clock, but we can as a society cut the finality of the tragedy by striving to prevent the availability of the deadly weapon. Then perhaps a cooling off time will be in place in which case the potential killing might be avoided and the whole incident be a warning to take positive action as an alternative to violence.
[1] Two young friends went to a night club. One cheated in line ahead of the rest. The guy in line, for some bizarre reason, got “goosed” by the man behind him. He told his friend, who immediately walked back to his car, got his gun, returned and shot the “gooser.” Fortunately the victim lived. This was an actual case before me.
[2] I recently read this on the internet: “I don’t like making plans for the day because then the word “premeditated” gets thrown around the courtroom. (from someecards.com)
[3] Consider the man walking down the street in the middle of the night when he is approached by another man. The first person became a defendant because he used a knife to fight off the aggressor. He countered the momentum of the intruder with deadly force, however he could have greatly reduced or eliminated the likelihood of such a confrontation even happening by walking on the same street at 3 p.m. instead of 3 a.m. Was he looking for trouble by walking around that time of day with a knife? He claimed he wasn’t looking for trouble, but wanted to be protected if needed. It is a matter of freedom versus responsibility to avoid dangerous and risky people, places, things and times of day or night.
No comments:
Post a Comment