preview

Gary Becker Definition Of Murder

Decent Essays

"Murder occurs when one human being unlawfully kills another human being" (Carlson, 2009). Murder is classified by intent and premeditation but intent plays the more significant role in determining punishment and degree. When murder is premeditated it is usually committed by an individual after being planned in advance and carried out maliciously. When murder is based on intent the murderer does not necessarily need to be focused on the actual victim. For example, if a person planned to kill a specific individual, but by accident kills some else their actions are not based on intent (but they are still considered a murderer). Also, due to the territorial jurisdiction in which the crime is committed the laws regarding murder may vary from state …show more content…

According to Gary S. Becker (as cited in Mehlkop & Graeff, 2010), "criminality is the consequences of rational actors' decisions that maximize their benefit. Thus, offenders are not driven by social conditions but they precisely try to maximize their advantages..." (p.1-2). we use this way of thinking when it comes to crimes forgetting that there are times when crimes are committed irrationally. The commitment of some crimes can be due to circumstantial if it is rational or not. For example, when someone commits murder or any crime because of a mental …show more content…

Rational choice theory is all encompassing meaning it does not consider every option; it puts everyone under one umbrella (metaphorically). Overall, when it comes to rationality when committing murder or any other crime we overemphasize the rationality parts. Samuel Pillsbury (1990) stated that "The modern doctrine of premeditated murder overemphasizes rationality..." (p.439). No matter how difficult the crime rationality is not always the answer. All would-be offenders do not weigh the cost and benefits of committing a crime. According to Bennett and Wright (as cited in Lundrigan & Canter, 2001):
Here, it is not presumed that offenders weigh all the relevant factors every time an offense is contemplated, and other factors (moods, motives, perceptions of opportunity, alcohol, the influence of others, and their attitude toward risk) apparently unrelated to the immediate decision often take over. ...offenders are behaving rationally as they see it at the time, but what might be perceived as rational on one occasion might not be so perceived on another

Get Access