Divergent directions in reforming legal responses to lethal violence

Over the past three decades, debates about legal reforms to lethal violence have been evident across Australia and in other jurisdictions. While these debates have often arisen from shared concerns, the resulting reforms have taken different approaches to reformulating the defences to murder. This article considers the divergent approaches taken to reform and the process of law reform itself, documenting the significance of localised histories and high profile cases. It also questions whether reforms to the defences to murder have responded adequately to the varying contexts within which men and women kill. The analysis reveals the limitations of law reform inquiries that fail to take a comprehensive approach to considering the operation of the laws in this area. The article calls for ongoing critical analysis of homicide within and beyond the law.

Lethal violence in Chicago over seventeen years : homicides known to the police, 1965-1981 /

"July 1985."

Legitimising lethal male violence : why defensive homicide needs to be abolished

This articles examine the unintended operation defensive homicide in Victoria since its introduction in November 2005. In doing so, its makes an argument for the abolition of this alternative offence to murder. 

Changing provocation law could legitimise lethal acts of domestic violence

The O'Farrell government must reconsider their recommendation to retain a restricted version of the controversial partial defence of provocation. The government has released a draft exposure bill recommending reform of a partial defence that has long attracted criticism and community concern. Under the proposed reform, the defence will be significantly restricted and will be renamed the "partial defence of extreme provocation".

Assessing the Relevance of Anomie Theory for Explaining Spatial Variation in Lethal Criminal Violence: An Aggregate-Level Analysis of Homicide within the United States

One of the most influential statements in the anomie theory tradition has been Merton’s argument that the volume of instrumental property crime should be higher where there is a greater imbalance between the degree of commitment to monetary success goals and the degree of commitment to legitimate means of pursing such goals. Contemporary anomie theories stimulated by Merton’s perspective, most notably Messner and Rosenfeld’s institutional anomie theory, have expanded the scope conditions by emphasizing lethal criminal violence as an outcome to which anomie theory is highly relevant, and virtually all contemporary empirical studies have focused on applying the perspective to explaining spatial variation in homicide rates. In the present paper, we argue that current explications of Merton’s theory and IAT have not adequately conveyed the relevance of the core features of the anomie perspective to lethal violence. We propose an expanded anomie model in which an unbalanced pecuniary value system – the core causal variable in Merton’s theory and IAT – translates into higher levels of homicide primarily in indirect ways by increasing levels of firearm prevalence, drug market activity, and property crime, and by enhancing the degree to which these factors stimulate lethal outcomes. Using aggregate-level data collected during the mid-to-late 1970s for a sample of relatively large social aggregates within the U.S., we find a significant effect on homicide rates of an interaction term reflecting high levels of commitment to monetary success goals and low levels of commitment to legitimate means. Virtually all of this effect is accounted for by higher levels of property crime and drug market activity that occur in areas with an unbalanced pecuniary value system. Our analysis also reveals that property crime is more apt to lead to homicide under conditions of high levels of structural disadvantage. These and other findings underscore the potential value of elaborating the anomie perspective to explicitly account for lethal violence.

Lethal Closeness: The Evolution of a Small-World Drug Trafficking Network

The evolution of the drug trafficking network –so-called– ‘Cartel del Norte del Valle’, is studied using network analysis methods. We found that the average length between any pair of its members was bounded by 4 –an attribute of smallworld networks. In this tightly connected network, informational shocks induce fear and the unleashing of searches of threatening nodes, using available paths. Lethal violence ensues in clusters of increasing sizes that fragment the network, without compromising, however, the survival of the largest component, which proved to be resilient to massive violence. In spite of a success from the point of view of head counting, the US’ socialization program for drug traffickers did not effectively change the cyclical dynamics of the drug dealing business: war survivors took over what was left from the old network initiating a new cycle of business and violence.

Abolishing defensive homicide offence essential

The Victorian government's proposal to abolish the offence of defensive homicide is a welcome step forward for a law that has been plagued by controversy since the abolition in 2005 of the partial defence of provocation. The offence of defensive homicide was introduced in November 2005 in response to concerns that the abolition of provocation would disadvantage those who killed in response to prolonged family violence.