Recently, I wrote a blog post about rape and sexual assault historical crime trends. I enjoyed writing it and it reminded me why I decided Aislinn Cain needed a degree in historical crime. Today’s post is going to again tackle historical crime rates, but it’s going to focus on violent, non-sexually motivated crime.
The first step in this one is defining violent crime and as modern people; we fail to realize the definition “violent crime” is just as fluid as the definition of rape and sexual assault. This seems weird to us, because you know, violent crime seems self-explanatory and straight forward.
As with sexual assault and rape, we’ll start with the word “crime.” Not all modern day “violent crime” was historically a crime. Some of these historically questionable “crimes” included assault, battery, and murder… I know that seems crazy, surely the wonton termination of another person’s life has been murder since the beginning of time, but that’s not the case.
Until the 1900s the term “murder” only applied when there was malicious intent to terminate life. Also, it usually only applied to victims who were white. And until the 1800s in many places, it only applied to white men. And even after it began to include women, it only included certain women. Poor women, women with bad reputations, and women who excessively consumed drugs or alcohol did not count as murder victims unless their murder was committed in public in front of lots of witnesses willing to testify the woman did not deserve to be murdered. Yes, I really said that, in history women could “deserve” to be killed for poor/disreputable behavior in both North America and Europe.
The final group of people who could be killed without it counting as murder was the poor. The aristocracy wielded the power to kill the poor people who depended on them. They could also kill servants and slaves without consequence because life was considered a luxury, not a right. And before you think “oh, that was a long time ago” this was a major driving factor of the Russian Revolution in 1917. Most of Europe had done away with allowing the lower class to be killed at will, but it was mostly for appearances. If an aristocrat in England in 1890 killed a beggar, chances of him being convicted of murder were very slim. Hell, this might be true in 1980 as well.
Dueling was also not considered murder nor manslaughter if someone died. I specifically did not say if one of the duelists died, because dueling wasn’t that simple. Dueling pistols are created without rifling (the grooves and ridges inside the barrel of the gun which gives the bullet spin and makes them more accurate). This was meant to lessen the chance of accurate shooting and therefore diminish the risk of death to duelists. But dueling was a bit of a spectator sport (it wasn’t made illegal until 1859 in the US). There was a judge who officiated the proceeding. Seconds, which helped the duelists and could step in for them if need be. Plus, friends and family of both duelists often showed up. Injuries to spectators and bystanders were common, as was the occasional death. Interestingly, even after dueling was outlawed in the US, killing someone in a duel (or a spectator) was still not always considered a murder, because you know, honor was at stake.
Speaking of honor and reputation being at stake, the formal duel has passed into obscurity replaced by a modern version. Rival gang members who shoot at each other on street sidewalks are essentially dueling, because the fight is likely to have erupted as a result of insults and the swiping of property, the most common cause of dueling in years past. Unfortunately, they use regular guns, not dueling pistols, and therefore, the accuracy of their shots is better, and they hit way more bystanders, but this is because they don’t formally set up an appointment to face off at dawn with a judge and seconds and instead ambush each other wherever their foe can be found.
The major driving increase in the violent crime rate in the United States wasn’t a crime until the 1970s (and some of this may shock you). This violent crime is of course domestic violence also known as intimate partner violence. It wasn’t until the late 1800s (1870 or there about) that American society decided “domestic violence” might be bad… but it took another hundred years before it became a crime. And horrifically, during the 1700s and 1800s in the United States a woman who injured or killed a man (particularly her husband) while defending herself from physical violence, could be charged with a crime, either assault or murder. Even if she was found guilty of the lesser charge of assault, she could be executed, because a woman who struck a man (especially her father, brother, or husband), was ill-mannered, ill-tempered, and deficient. Thankfully, juries during this time hated sentencing women to execution which prevented many from going to the gallows. To add insult to the injury, a husband could legally divorce his wife for “striking him” as she attempted to defend herself against him, but a wife could not easily divorce a husband who beat her. And despite all the laws and social reforms we’ve attempted in the last 50 years to lessen the rate of domestic violence, the rate of has remained high and is increasing.
And domestic violence should be considered a “gateway crime.” Partners who physically, verbally, sexually, or emotionally abuse their partners are more likely to commit other violent crimes such as rape, battery, home invasion robberies, and basic assault. Stats further show domestic abusers are the most likely “type” of criminal to shoot at police… Shootings of police officers by domestic abusers is higher than even shootings of police by serial killers, serial rapists, and gang members.
The second major driving factor for increased violent crime rates in the United States is mass murder. When a person can decide to shoot 10 people in a parking because the really hot girl who works at Applebee’s won’t go out on a date with them or because they felt slighted by not being invited to a party they wouldn’t have attended anyway, the injuries and deaths accumulate quickly. In 2022 there were 642 mass shooting incidents. On average a mass shooting leaves 3 dead and 5 injured, meaning if you multiple those averages with the number of incidents, the violent crime stats increase at an alarming rate.
The third reason violent crime has increased exponentially over the last two centuries is the creation of investigative forces. If you examine historical court records, you’ll find a surprising number of “murder” cases fell apart or resulted in not guilty verdicts because it was hard to determine both why someone died and whether it was their own fault or someone else’s. For example, a drunk woman dies on the streets from a head wound. Did she stumble and fall striking her head on cobble stones which resulted in her death or was she attacked? The manner of death; accident or murder is impossible to determine without an investigation. Even if witnesses observe someone push her, the manner of death is still in question because while autopsy became normal in the 1800s, a coroner may determine she died as a result of her own drunken debauched immoral character because if she hadn’t been drunk, she wouldn’t have died as a result of the push because she would have been able to stop herself from falling, preventing the head trauma which killed her.
The improvement of investigative techniques and the science related to it, further increases the rate of violent crime. Detectives and coroners in 1870 might miss signs a modern detective and medical examiner would find to indicate a death was suspicious with the potential it was homicide. The tricky part about this, especially as of 2023 is how fast advancements in science and investigative techniques are improving our ability to detect a crime has occurred. A friend of mine was a fire investigator in Kansas City from 1992 until 2007. He told me a story about a man convicted of murdering his children in a fire based on evidence an accelerant was used in the 1990s. He was freed in 2018 because modern testing of the evidence proved the “accelerant” the first investigators found was actually a combination of chemicals used to treat lumber mixed with the melting of polyester fibers in curtains, carpet, and furniture within the house. If modern science and investigative techniques can prove no crime occurred in an already “solved case” from the 1990s, logically it must also be able to detect crimes which occurred in situations where previous testing may have indicated no crime took place.
To top it all off, historical violent crime is further skewed by under reporting. Victims of domestic violence and rape are not the only victims to not report. In 1997, my boss went to a conference in New York City, he was mugged twice in one day. The first mugging happened at 6 am while he was jogging through a park (I don’t know which park). The group of thugs threatened him with a knife and stole his wallet. That evening he went out to complete his jog and was mugged by a different group of thugs. He didn’t report either because he claimed since he wasn’t hurt the chances of the police tracking down the thugs who stole his money were basically nil. Being mugged while threatened by a weapon, even if no one is hurt, is considered a violent crime. Fast forward 25 years and an increase in video surveillance has encouraged victims of crimes such as mugging to report because the likelihood of the police taking the report seriously and not only investigating but making an arrest are significantly higher.
Having said all this, violent crime is on the rise in the US, but only specific types of violent crime – domestic violence, rape, and mass murder. Car jackings, drive-by shootings, home invasions, and basic assault have all decreased over the last twenty years. Crime researchers claim if you remove victims of mass murder incidents, murder is also on the decline in the US.
There is no one single reason for an increase in violent crime and some of it is not so much an increase as better understanding and a firmer definition of what is or is not a violent crime. Because of this it’s problematic to compare crime rates in 2023 to crime rates of 1993 or 1893. Furthermore, these numbers fail to provide context and social mores. The most often perpetrated violent crime in 1993 was different than in 2023. This means comparing crime stats from previous years is unhelpful at best.
It is my opinion comparing crime stats further apart than 5 years, is pointless because society sees significant changes to technology, science, investigations, and social mores during a five-year period. For example, it’s only been 5 years since genetic genealogy identified the Golden State Killer, and several cold cases have now been solved using the technology, but at the same time major questions regarding the protection of a person’s DNA information has resulted in a clamp down on allowing law enforcement to access the profiles in the database. In response law enforcement has begun information campaigns encouraging users to allow them access again and state legislatures are attempting to pass laws to allow the law enforcement community access once again on a non-voluntary basis.