By the time most of us reach adulthood we have undergone countless
experiences which bring home the fact that life issues can rarely and
conclusively be categorized as good or bad. The older we get, the larger
are the grey areas' amongst our collection of absolutes. This fact is made
most apparent in the field of criminal justice. It is while trying to
analyze, evaluate and adjudicate amongst the foibles, frailties, and passions
of humanity that it becomes increasingly difficult to draw a clear line
between the innocent and the guilty, or the victim and the offender.
Laws are formulated to ensure the safety and security of all members
of society. In crimes involving force often more complex elements than mere
malice are present. Statistics show that most violent crimes are
perpetrated by individuals that have close relationships with the victims.
About 50% of all homicides are perpetrated by a member of the victim's
close family, often parent or spouse. When murders by more distant
relatives, friends and acquaintances are taken into account, this figure
rises to about 80%. Whether these are cases of child, wife or parent abuse,
the ultimate crime is usually the consequence of a chronic problem.
Should a battered and abused woman who kills her abuser be tried on
the same grounds as a person who murders an innocent for self-gratification
alone' Should a person who has been intolerably humiliated or terrified
before he attacks his or her antagonist be considered a victim or an
offender' The lines and limits of correct behavior are easily blurred. Such
controversial questions are the reason clauses such as the Defense of
Provocation' were introduced. It is due to the changes in societal values,
culture, and ethical perceptions that such laws need constant review and
modification. The main question remains however that; should any
provocation ever be enough to justify r...