Criminal Justice Outcomes in Intimate and Non-intimate Partner Homicide Cases

4. Results (cont'd)

4.2 Multivariate analysis: Isolating the effects of intimacy in criminal law (continued)

Model 5 shows that accused persons in intimate partner homicide cases were significantly more likely overall to result in a conviction than accused persons in non-intimate partner homicides. That is, when all cases were considered, both those resolved at trial and through guilty pleas, accused persons who killed intimate partners were more likely to be convicted. Recall, however, that cases of intimate partner homicide were also more often resolved through guilty pleas and this, in turn, would increase their overall likelihood of conviction (see Box 5). Model 6, that examines the severity of the conviction, demonstrates that there were no differences in the type of conviction across the two relationship categories. Finally, with respect to sentencing outcomes, Model 7 and 8 examine whether the victim-accused relationship determines the type of sentence an accused would receive and, if imprisonment was imposed, the length of sentence. Results show that intimacy does not appear to matter at the sentencing stage.

Box 5. Accused persons who stood trial: Convicted as charged

Case #9711

The male victim and another male allegedly went to an area to purchase some drugs. Upon nearing the location, they were directed to a park where they approached a group of four males. An altercation arose surrounding the purchase and one of the males began to chase them from the area. The other three males joined the chase. At some point, the two split up after which one of the males being chased – the victim – fell to the ground. One of the males – the accused – caught up to him and stabbed him in the chest then fled the scene. The accused was charged with second-degree murder, but pleaded not guilty and his case was sent to trial. He was found guilty as charged and sentenced to life with no parole for 10 years.

Case #8225

The female victim and male accused met at a tavern where they consumed a large quantity of alcohol and then left together. After sexually assaulting and mutilating the victim, the accused strangled her. He dumped the body in an alleyway about four kilometers from her home. The next day, the semi-nude body of the victim, a single mother, was found. The accused was charged with first-degree murder. He pleaded not guilty and his case was sent to trial where he was found guilty as charged and sentenced to the mandatory life sentence with no parole for 25 years.

Case #8215

On the morning of the killing, the male accused stopped to talk to the female victim in her apartment, located in the same building. During the conversation, they got into a fight. At some point during the dispute, the accused claims that the victim confronted him with a weapon. He grabbed it from her and hit her with it. Evidence showed that the victim had been struck 12 times on the head. The accused dragged the victim out of the apartment into the stairwell and left her there. He went back into the apartment, cleaned up and went to work. Physical evidence tied the accused to the scene and he eventually confessed to the crime. The accused was charged with and convicted at trial of second-degree murder and was sentenced to 10 years before parole eligibility.

Case #9701

The female victim and the male accused in this case had been dating for a short time, but had broken up two weeks prior to the homicide. The victim’s daughter had not heard from her mother in a couple of days so she called the police and asked them to check on her mother. When they arrived at the victim’s home, they found her dead. The investigation determined that the accused had repeatedly stabbed the victim with two knives. The accused was charged with second-degree murder. He pleaded not guilty and his case was sent to trial where he was found guilty and sentenced to 15 years before parole eligibility.

Case #9719

The male accused was the victim’s estranged husband from whom she had been separated for about one year. The victim was allegedly being stalked by the accused. On the day of the killing, residents in the area heard a woman screaming and saw the accused kneeling down over the victim, striking her. Two witnesses ran to assist the victim while others called the police. The accused was tackled and held by two men until the police arrived. The victim had been stabbed in the head, neck and chest area close to 60 times. Prior to the attack, the accused had been charged with uttering death threats against the victim, but he had been released on the condition that he would stay away from the victim. The accused was charged with first-degree murder, but pleaded not guilty. His case was sent to trial where he was found guilty as charged by a jury and sentenced to the mandatory life sentence with no parole for 25 years.

Case #8032

The female victim and male accused were dating. They got into a fight on the day of the killing. The accused slashed the victim’s throat, stabbed her 26 times, and sexually assaulted her. Neighbors called the police to report that there was a domestic dispute occurring at the victim’s address. When police arrived, the victim was found lying on the kitchen floor with stab wounds to the neck. The accused had assaulted the victim in the past, but charges related to these incidents had been withdrawn. However, the accused was under a court order to stay away from the victim. It is alleged that the victim had been planning on breaking off her relationship with the accused and he suspected it. The accused was charged second-degree murder. He pleaded not guilty and his case was sent to trial. He was found guilty as charged and sentenced to the minimum mandatory sentence of 10 years for second-degree murder.

Case #9013

The female victim and the male accused had been going out for about one year. Before her death, however, the victim had been trying to break off their relationship. On the day of the killing, when the accused finished work, he went to the victim’s apartment because he had heard she had been seen with another man a few days earlier. When the victim arrived home, they got into an argument. The investigation revealed that the accused allegedly grabbed a knife from a nearby table and stabbed the victim 62 times. A neighbor broke into the victim’s flat when he heard screaming and found the victim kneeling on the floor covered in blood with the accused standing over her. The accused was charged with and convicted at trial of second-degree murder. He was sentenced to 12 years.