HIST 3850 Study Guide - Final Guide: Larceny, Grievous Bodily Harm, Sentenced

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Published on 16 Apr 2013
School
York University
Department
History
Course
HIST 3850
dfHIST 3850 FINAL EXAM REVIEW:
Types of Homicide:
1. Felony Murder
- Murder after 1945:
Homicide Rates: General Trends:
o Before Industrialization: rates are high
o Homicide declines in 19th century
o Why?- Twin effects of industrialization, centralized control, reform movement
o Internal regulation
o Early 20th century continues to decline
o 1960S increases until 1980s then begins period of decline
Measuring Homicide Rates
o Homicides per 100,00 of population
o Problems
o Inconsistent records
o Age structure also influences homicide rates
o Baby boomers: born between 1946-1962
Homicide Rates in England:
o England as an example of trends
o Had been somewhere between 20 to 30 per 100,000 in 1300
o 1860: 1.44 per 100,000
o 1900: 0.87 per 100,000
o 1930: 0.45 per 100,000
o 1960: 0.62 per 100,000
o 1990 1.32 per 100,000
Canada
o Only statistics from the 1920s
o Reach a peak in 1930 at around 2.0 per 100,000 and then decline
o Steady ride from 1944-1965
Who kills? Canada 1961-90
o Lovers, spouses, kin: 17%
o Parents and children: 5%
o Other family members : 17%
o Other Acquaintances: 33%
o Rest: unsolved
Why do Men Kill:
o Social and psychological explanations: focus is on the individual and sees the
individual as responsible for their actions
o Structural explanations: focus is on society as responsible for homicide
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R v. Perrault 1948:
o Culpable homicide is also murder in each of the following cases whether the
offender means or not death to ensue or know or not that death is likely to ensue”-
commits grievous bodily harm in commission of an offense
o Donald Perrault 1948: drives the getaway car
R v. Vaillancourt 1987 Supreme Court of Canada
o Two men enter a pool room but Vaillancourt asks his partner for the shotgun’s shells
o Partner kills man but escapes; Vaillancourt caught and given life sentence even
though he had not committed the murder
The United States: The Enmund Case
o April 1975, Armstrongs kill the Kerseys in rural Florida
o Earl Enmund is driving the car
o Convicted of first degree murder and sentenced to death
o Overturned at U.S Supreme Court as intent not proven
The Tison Case: Arizona v. Tison, 1987:
o Gary Tison and Randy Greenawalt serving life sentences
o Three sons assist their escape
o Lyons family kidnapped
o Man/woman/ 2 year old son/ 15 year old niece
o Sons leave the Lyons in father’s custody and walk back to the car
o Did they have an intent to kill the Lyons?
Summary:
o In case of Vaillancourt and Enmund, prosecution had not proved intent
o In case of the Tisons, their actions had been reckless in providing guns, knew that
their father had previously killed, and left the Lyons in father’s and Greenawalt’s
custody
2. Homicide committed by a women who are abused and claim self defense
3. Serial murderers
4. Euthanasia
5. Capital Punishment
Issues and Themes:
1. Self- Defence/battered women syndrome
2. Felony Murder
3. Police Conduct-
- Police coercion: Ronald Sears in Canada but also Stephen Truscott (1959)
- Limiting police actions: Miranda v. Arizona (1966)
4. Moral Panic
- The role of newspapers Sears, Truscott
5. Assisted Suicide
6. Expansion of Civil Rights in US (criminal procedures)
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7. Wrongful convictions
Defense Strategies
1. Felony murder- do not form an intent
2. A women who is abused- is acting in self-defence
3. Euthanasia- dividing line between assisted killing and hospital practices is unclear
4. Capital Punishment- imposition of death penalty is unfair
Trends
Since 1945, decline in homicide rates but in United States rates have remained high in comparison
to rest of industrialized world why? In early 20th century, both Canada and the United States
are more violent than today, yet in Canada, trajectory is different
Changes in Defining the Law of Homicide
1. Felony murder: the unlawful killing committed while in commission of a felony
- Canada
Perrault (1948)- getaway driver, convicted upheld
Vallaincourt (1987)- believed accomplice’s gun was unloaded; overturned
- United States
Enmund (1982) Kersey killings; drove getaway car; overturned
Tison (1987) helped father escape; family killed; upheld
In case of Vallancourt and Enmund, prosecution had not proved intent
In case of the Tisons, their actions had been reckless in providing guns, knew that their
father had previously killed, and left the Lyons in father’s and Greenawalt’s custody
Self Defence (Battered Women Syndrome)
Canada- stages of battered women syndrome
- Whynot (1985)- NS SC- overturned lower court`s acquittal (jury found self-defence killing
Stafford)
Ruled assault must be underway “no person has the right in anticipation of an assault
that may or may not happen to apply force to prevent the imaginary assault”
- Lavalle (1990) shot Rust in the back of the head
Acquitted at trial on self-defence grounds; overturned by Manitoba Court of Appeals
SCC rules in her favour
Expert evidence necess ;kmhary (battered wife syndrome)
Importance of gender in considering “reasonable man
- Mallot (1998)
Appeal of Ontario Court of Appeal ruling which upheld conviction for 2nd degree murder
SCC dismissed appeal
o Importance of Lavallee to Mallot:
o Experts: why would a women stay in such a relationship
o History of abuse
o Danger need not be imminent
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Document Summary

Measuring homicide rates: homicides per 100,00 of population, problems, age structure also influences homicide rates, baby boomers: born between 1946-1962. Canada: only statistics from the 1920s, reach a peak in 1930 at around 2. 0 per 100,000 and then decline, steady ride from 1944-1965. Canada 1961-90: lovers, spouses, kin: 17, parents and children: 5, other family members : 17, other acquaintances: 33, rest: unsolved. Why do men kill: social and psychological explanations: focus is on the individual and sees the individual as responsible for their actions, structural explanations: focus is on society as responsible for homicide. In case of vaillancourt and enmund, prosecution had not proved intent. Issues and themes: self- defence/battered women syndrome, felony murder, police conduct- Police coercion: ronald sears in canada but also stephen truscott (1959) Limiting police actions: miranda v. arizona (1966: moral panic. The role of newspapers sears, truscott: assisted suicide, expansion of civil rights in us (criminal procedures, wrongful convictions.

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