The First Homicide: Cain and Abels Case Study on Crime and Punishment

From the Case Files of Cain and Abel: A Case/Content Analysis of the First Homicide and Impact on the Definitions of Crime and Punishment in the Postmodern World of Criminal Justice Tracy F. Tolbert, Ph.D. School of Criminology, Criminal Justice, and Emergency Management California State University, Long Beach Abstract: This paper presents a case/content analysis of the original sin, i.e., first case of murder, as presented in the Judeo- Christian tradition (Book of Genesis). The saga, which involves Adam and Eve’s first- and second born sons, Cain and Abel, reflects an ancient rivalry between the farmer and the nomadic shepherd. There are several issues to consider about this story that bears examination. First, sibling rivalry appears to be one of the primary issues of concern, along with the criminal act of murder by Cain, and suffering of the victim, his brother Abel. In addition, Cain’s denial of the act is countered by the forensic facts, and the heinous nature of the act itself (murder/homicide). And finally the subsequent punishment by exile rather than a traditional sentence of death is questioned. Why did Cain murder his brother? What is the significance of banishment, i.e., exile, as a form of punishment for an act of murder in the ancient world? And how has the abstract nature of this form of punishment impacted the definitive structure of crime and punishment in the post-modern world? Research into this area of criminology and criminal justice is significant in that the Genesis saga establishes a basic framework for an analysis of the effectiveness of the criminal justice system and manner in which variables such as race, and social class, impacts the way we define predatory crimes, and subsequent punishments, particularly the manner in which individuals, like Cain, too often circumvent any form of real punishment due to the unequal distribution of law, selective prosecutorial discretion, questionable adjudication processes, and uneven sentencing practices in relation to race and social class. The First Murder In the Judeo-Christian tradition, The Book of Genesis, tells us of The Creation, The Fall of Man, and The Genealogy of Adam and Eve, beginning with the birth of Cain and Abel. Genesis 1-2: The man had relations with his wife Eve, and she conceived, and bare Cain, saying, “I produced a man with help of the LORD”. Next she bore his brother Abel. Abel a keeper of flocks, and Cain a tiller of the soil. Eve brought two sons into the world; Cain and Abel. It is a tough world. Rather primitive in nature and survival was extremely difficult. Cain, the oldest, was trained to farm the land, and the younger brother, Abel, became a sheepherder. Genesis 3-5: In the course of time Cain brought an offering to the Lord from the fruit of the soil. While Abel, for his part, brought one of the best firstlings of his flock. The LORD looked with favor on Abel and his offering: But on Cain and his offering he did not. Cain greatly resented this and was crestfallen. The brothers appeared to have been productive and industrious workers, and according to Judaic tradition, both brought offerings to God. Cain offered something he grew from the soil such as a fruit or plant. In contrast, Abel offered the most healthy and sturdiest lambs of his flock. It is not surprising then that God seemed to favor Abel’s offerings over Cain’s. Lambs had spiritual significance, and were seen as a valuable commodity often used to make sacrifices to God. It is not clear if the gift of a lamb produced favoritism due to the fact that Abel was the sheep herder of the family by default, or if Cain was purely selfish with his gift. Was there something more that Cain could have given that would have drawn God’s favor evenly? The facts are not entirely clear on this question, but what we do know is that the incident brought a negative reaction from Cain. Genesis 6-7: So the LORD said to Cain: “Why are you so resentful and crestfallen? If yo