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

Abstract

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. [University] [University] 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 you do well, you can hold up your head: but if not, sin is a demon lurking at the door: his urge is toward you, yet you can be his master.” Cain is angry, and it appears that he might have gained God’s favor if he had put a little more effort into his labor. However his reaction indicates that he is jealous of Abel’s good fortune. Jealousy is an emotion that is linked to negative thoughts and feelings of insecurity, fear, and anxiety related to the anticipation of the loss of something important to the jealous party. Jealousy is not expressed through a singular emotion or behavioral pattern. Jealousy, like any variation of human emotion, is expressed through a complex matrix of social and psychological interactions between human beings, and perhaps as in this case, entities existing outside the realm of human life. For example, God admonished Cain and told him to take responsibility for his actions, while also urging him to redirect and refocus his anger toward Abel perhaps out of a concern that he is falling into the depths of a darker reality, sin. Sin is reflected here in the devil- whom apparently has the power to drive Cain deeper into the abyss of evil. Cain’s jealousy of Abel’s good fortune is the gateway to controlling the outcome of this situation. In this, God admonished Cain to take control of his emotions lest the devil drive him to commit an abominable act against mankind, of whom he created and loves. Unfortunately, and as in many instances of violent criminal behavior, Cain succumbed to the darkness. Genesis 8: Cain said to his brother Abel, “Let us go out into the field.” When they were in the field, Cain attacked his brother Abel and killed him. Cain committed what is according to most biblical scholars, the first act of murder by man. In modern criminology, Cain committed an act of homicide, which is operationally defined as “the intentional and sometimes unintentional or accidental killing of another person” (Burgess, et. al., 2010, pg. 309). Homicide is one of the most violent predatory crimes known to humanity, while at the same time remaining one of the most complex behavioral patterns seen within the history of human discourse (Nash, 1993). It can also be said that Cain committed an act of murder, which is defined as “the unlawful taking of human life. It is a behavioral act that terminates a life in the context of power, personal gain, brutality, and sometimes sexuality” (2010, pg. 309). Both terms- murder and homicide- are interchangeable- since both acts constitute the “killing of one human being by another” (2010, pg. 309). For example, Cain conspired to kill Abel intentionally with malice and forethought, possibly fueled by jealousy, rage, and feelings of inadequacy and insecurity in response to God’s favoritism toward Abel. The fact that he lured his brother into a place of his choosing suggests that he might have displayed psychopathic tendencies, of which his actions, at least from a legal standpoint, constitutes the charge of “murder in the first degree” or “capital murder” depending on how you define the circumstances of the crime. Hickey suggests, that for murder to rise to the level where a “death sentence” is warranted, “the offender must have willfully, deliberately, and with premeditation, murdered another with special circumstances. These actions constitute aggravating circumstances such as, prior murder of the offender, multiple murders, killing of a police officer, witness, prosecutor or judge” (2010, pg. 23). “Lying in wait, torture with intent to kill, murder due to race, ethnicity, religion, or nationality, felony murder, and use of poisons,” all merge to form a paradigm of murder in the first degree or capital murder (pg. 23). Cain lay in wait with jealousy and malice in his heart, which more than likely obscured his vision of reality. Aided by the devil- whom theoretically has control of his mortal soul, Cain conspired willfully, and intentionally, to kill and possibly torture his brother. Genesis 9: When the LORD asked Cain, “Where is your brother Abel?” He answered, “I do not know. Am I my brother’s keeper?” When God questioned Cain about the whereabouts of his brother, he did what many murderers do. He lied. He also attempted to distort the reality of the crime. This is what Peck refers to as the “people of the lie” (1983, pp. 66-67). Cain engages in a form of “self-deception and deception of others” whereas the “lie is designed not so much to deceive others as to deceive themselves” (pp. 66-67). It is unlikely that Cain would take responsibility for his actions mainly because he is trying to transfer responsibility away from himself. This is seen in the statement: “Am I my brothers’ keeper”? This statement also reflects a “personality disorder that impairs interpersonal, affective, and behavioral functions closely linked to serious antisocial behavior” (Regoli, et.al., 2008, pg. 90). For example, men who kill at a young age are thought to be “aggressive, self- centered, narcissistic, impulsive, and prone to risky activities. They often begin getting into trouble very early in life, engage in a wide variety of antisocial behaviors, and are prolific criminals” (pg. 90). In the final analysis, Cain’s reaction to God’s inquiry, is demonstrative of a personality disorder pointing the fact that he is “callous, guiltless, has little to no fear or anxiety, exploitative, manipulative, deceptive, and seemingly unable to form warm relationships with other people” (pg. 90). Genesis 10: The LORD then said: “What have you done! Listen: Your brother’s blood cries out to me from the soil!” If there is, or was, any doubt of Cain’s culpability in the murder, we are reassured that he is indeed guilty. So the outcome should be a foregone conclusion. We would expect that the wrath of God would be on display. Yet, a paradox emerges here in the definitive structure of the crime which appears to get lost in an abstract assessment of the...