Non-justifiable Crime essay
It is known that in some cases a homicide which is committed by someone in self-defense or in defense of another person can be regarded as a justifiable homicide. Moreover, a homicide is justifiable if it is committed under some circumstances which the law considers sufficient enough to exculpate the accused person (Gillespie 7). However, there are such situations when a murder cannot be regarded as justifiable without any exception. The case of Janice Subin who killed her husband Chester Subin on February 13, 1995 is a non-justifiable crime.
It is known that Janice Subin’s marriage was not happy. Janice and her husband Chester often had quarrels connected with alcohol abuse. According to the testimony in the trial, in most cases, these quarrels included “moments of kindness to one another and moments of violence”. On February 12, Janice and her husband “attended a gun club party in the city of Boise” where both of them “consumed a large amount of alcohol”. The above mentioned facts are very important as they help to defense the position of non-justifiable murder.
I consider Janice Subin guilty because she had no right to kill people. It is known that according the U.S. Constitution, it is prohibited to kill people. Janice Subin violated the law and deserves severe punishment, even if her husband was an alcohol abuser and used violence in their relations. Moreover, Janice Subin killed a sleeping person who was defenseless and could not offer resistance to her actions. One more important argument is that she did not inform the police of her husband’s aggressive behavior after the gun club party. It was her duty to inform the police of the fighting after the gun club party because Chester Subin pushed his wife down and shouted at her and prevented her from using the telephone in order to call the deputy sheriff. In addition, Janice Subin as well as her husband consumed a large amount of alcohol. It means that she had no opportunity to control her actions in a proper way being in the state of alcohol intoxication.
There are several arguments that can be made against the above mentioned position. First of all, Janice Subin was in the affective state. She suffered from her husband’s violent actions and aggressive behavior. It is known that on the day of the murder Chester Subin was constantly pushing his wife to the ground although she was crying and wanted him to stop the quarrel. She even tried to telephone the deputy sheriff of the local county, but Chester Subin did everything to prevent her from doing it. It means that the murder was committed under some circumstances which could prove that it was justifiable crime. Chester tormented and insulted his wife in the past what led to her affective state that evening.
Secondly, Janice Subin often consumed a large amount of alcohol. It is possible to conclude that she was an alcohol abuser as well as her husband. May be, she needed special treatment to stop her drinking alcohol beverages with her husband. It is known that alcohol can affect the mind of an individual, altering it as well as other drugs. By altering the individual’s mind, alcohol negatively affects all control mechanisms of the human body, including rational thinking and perceptions. Moreover, alcohol has negative impact on physical reactions (Alcohol and Violence). The above mentioned facts prove that there is a connection between alcohol and violence. According to the statistical data, about 86% of homicides in the United States are committed under the influence of alcohol (Alcohol and Violence). It means that Janice Subin committed the crime under the influence of alcohol. However, this argument does not release her from responsibility and punishment. Although she could be a potential alcohol abuser, she had no right to kill her husband.
Thirdly, it is possible to conclude that Janice Subin committed the crime out of revenge. She wanted to revenge her husband because he prevented her from leading a normal life, without violence and alcohol, without quarrels and fighting. That is why when her husband Chester Subin fall asleep being in the state of severe alcohol abuse, she decided to use that moment and to kill him with a butcher knife. However, this fact as well as the previous ones does not give an opportunity to consider this murder a justifiable one.
Fourthly, it is known that Janice Subin and her husband Chester Subin attended the gun club party that evening. It means that they fired at the party and had fun. As gun is the symbol of violence as it breeds violence. When violence is added to another type of violence it will lead to more violence. In our case, the use of gun at the gun club party led to violence in the form of a quarrel and to a murder. It is possible to conclude that Janice Subin was provoked to commit crime by the use of gun at the gun club party. However, this argument cannot be used to consider this crime a justifiable one.
To sum up the main points of the above mentioned discussion of objectives to the argument that Janice Subin is guilty, the murder of Chester Subin is non-justifiable. All the circumstances mentioned above cannot prove that Janice is not guilty. She killed her sleeping husband who was in the state of severe alcohol abuse. It is a severe crime. I completely agree with the court’s decision to sentence Janice Subin to twenty years imprisonment in the Idaho State Penitentiary.
In addition, this case cannot be compared with the case of Elway who was charged with “assaulting a police officer” or assault in the third degree. It is known that Elway committed his crime as he tried to defend a young Hispanic man who was beaten by two white men in the civilian dress. He did not know that they were police officers. The crime committed by Elway can be regarded a justifiable crime. The same can be related to the case of Laurie Sullivan who tried to treat her child’s illness with prayer. She contacted Christian Science practitioners who prayed for her daughter and did not use medical treatment methods. This crime can be regarded as negligent homicide because Laurie tried to save her daughter by means of Church and she had no intention to kill her.
In conclusion, it is necessary to say that Janice Subin committed a severe crime – she killed her husband. It was done intentionally, that is why this crime is non-justifiable.
