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Discounting Women: Context Matters in Risk and Need Assessment

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Abstract

Widely used risk/need assessment instruments assume that female offender risks for recidivism are essentially equivalent to those of male offenders. A look at the lives of female and male offenders reveals that there are important differences in the context of both offending and re-offending. This research draws on both quantitative and qualitative data to explore the effectiveness of a well known risk instrument to both predict recidivism and potentially direct intervention efforts. The results, particularly the in-depth interviews with offenders (both male and female) serving time on parole or felony probation reveal differences not detected by most contemporary risk and need assessment instruments. Ultimately, the gendered links among physical and sexual abuse, drugs, and crime are missed in risk and need assessments, thereby placing female offenders at risk for neglect and criminalization in an otherwise seemingly objective method of assessment....

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Her Last Words: Dying Declarations and Modern Confrontation Jurisprudence

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Dying declarations have taken on increased importance since the Supreme Court indicated that even if testimonial, they may present a unique exception to its new confrontation jurisprudence. Starting with Crawford v. Washington in 2004, the Court has developed strict rules concerning the use of testimonial statements made by unavailable declarants. Generally, testimonial statements (those made with the expectation that they will be used to prosecute the accused) may be admitted only if they were previously subject to cross-examination. The only exceptions appear to be dying declarations and forfeiture by wrongdoing when the accused intentionally rendered the declarant unavailable. This Article argues that the dying declaration merits examination for two important reasons. First, its status as an exception to the Court's new confrontation rules seriously undermines the Court's dramatic new interpretation of the Confrontation Clause and demonstrates the internal contradictions of the Court's originalist approach. Second, the...

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Estimation of Time Since Death by Heat-Flow Finite-Element Model. Part I: Method, Model, Calibration and Validation.

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Abstract

The determination of the time since death which often repr esents the presumed time of an offence plays an important role in medico-legal practice. In the early postmortem phase analyses of postmortem cooling provide the most accurate estimates. Empirical models of postmortem cooling are methodically restricted to standard conditions while heat flow models can in principle be applied to any complex cooling situations. The main problem having so far prevented heat flow models from being used in practice was the difficulty of solving the heat transfer equation for complex geometrical, initial and boundary conditions. This problem is now overcome by using the Finite-Element-Method as a numerical procedure. The study presents a three-dimensional Finite-Element-Model of the human body containing various tissue compartments with different thermal tissue properties. The initial temperature field is modelled inhomogeneously with a temperature gradient between body core and shell. Heat loss by conduction, convection and radiation as well as heat...

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Estimation Of Time Since Death By Heat-Flow Finite-Element Model Part II: Application To Non-Standard Cooling Conditions And Preliminary Results In Practical Casework.

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Abstract

The present paper is part of a study investigating the application of the Finite-Element-Method to temperature-based death time determination. Part I introduced a three-dimensional Finite-Element model of the human body containing different tissue compartments with different thermal tissue properties. The initial temperature distribution is modelled inhomogeneously with a gradient between core and shell. Boundary conditions such as heat loss by convection or radiation as well as heat gain by supravital energy production or irradiation can be modelled. One model parameter, the decrease rate of the supravital energy production, was calibrated using the empirical model by Marshall and Hoare. Validation was successful using the Marshall and Hoare model as well for standard cooling situations....

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When Believing Is Seeing: The Effect of Scripts on Eyewitness Memory

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Abstract

Two studies examined the conditions under which event schema or scripts produce gap-filling errors in eyewitness accounts of a robbery. In Study 1, scripts for the robbery of a convenience store were identified. Results revealed high agreement among the 120 participants concerning the sequence of actions for such a robbery. Based on the information obtained in Study 1, participants in Study 2 (N = 144) viewed one of two sequences of slides depicting a robbery of a convenience store by a lone robber. In one sequence, three central script actions were omitted and in the other, three peripheral script actions were omitted. In addition, rate of exposure was varied (2 vs. 8 sec) as was the length of the retention interval (5 min vs. 1 week). As predicted, there was a higher rate of false recognition for central as opposed to peripheral actions, and this tendency was exaggerated for the longer retention interval...

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Are Police Video Identifications Fair To African-Caribbean Suspects?

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Abstract

Analysis of lineups from criminal cases has demonstrated that video technology can produce lineups that are less biased against the suspect than live lineups, and that White suspects are less likely to be identified from a live lineup than suspects of other ethnic origins. The present study assessed the fairness of video lineups of White Europeans and of African-Caribbeans used in actual criminal cases. African–Caribbean and White European participants selected the suspect from each lineup on the basis of the original witness description of the culprit. There was no reliable difference in the fairness of video lineups as a function of the ethnic origin of the lineup members. It is concluded that, within the context of the video system studied, use of video can provide a safeguard against bias against ethnic minorities that may occur in live lineups.

Eyewitnesses often make mistaken identifications. An eyewitness positively identifies a volunteer, who is...

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A Review of Sex Differences in Sexual Jealousy, Including Self-Report Data, Psychophysiological Responses, Interpersonal Violence, and Morbid Jealousy

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Abstract

The specific innate modular theory of jealousy hypothesizes that natural selection shaped sexual jealousy as a mechanism to prevent cuckoldry, and emotional jealousy as a mechanism to prevent resource loss. Therefore, men should be primarily jealous over a mate's sexual infidelity and women over a mate's emotional infidelity. Five lines of evidence have been offered as support: self report responses, psychophysiological data, domestic violence (including spousal abuse and homicide), and morbid jealousy cases. This article reviews each line of evidence and finds only one hypothetical measure consistent with the hypothesis. This, however, is contradicted by a variety of other measures (including reported reactions to real infidelity). A meta-analysis of jealousy-inspired homicides, taking into account base rates for murder, found no evidence that jealousy disproportionately motivates men to kill. The findings are discussed from a social-cognitive theoretical perspective....

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Towards A Typology Of Homicides On The Basis Of Personality

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Abstract

This paper presents the results obtained by examination of 112 homicide convicts in a penitentiary institution. The following psychodiagnostic instruments were applied: standardized interview, MMPI, and S-R scales of morality and aggressiveness. A series of demographic, criminological, victimological, sociopathological, and psychiatric data, classified into twenty-six variables, was gathered by reviewing police files. On the basis of typical MMPI profiles, the subjects were classified into four groups: psychoses, hypersensitive—aggressive personalities, psychopaths, and ‘normal’ subjects. Factor analysis was carried out using the personality variables and other relating to criminality etc. Six factors were interpretable, each describing more closely the types suggested. Discriminant function analysis proved this typological classification to be justified. The role of aggression and psychopathological factors in homicide etiology is discussed....

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Serial And Single-Victim Rapists: Differences In Crime-scene Violence, Interpersonal Involvement, And Criminal Sophistication†

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Abstract

Three categories of crime-scene behaviors (violence, interpersonal involvement, and criminal sophistication) among a group of 22 serial and 22 single-victim rapists were studied. Findings indicate that serial rapists were more likely to display a higher level of criminally sophisticated behaviors to avoid detection, whereas single-victim rapists were more likely to behave violently and engage in some form of interpersonal involvement with their victims. Implications of these findings for investigation and for understanding offenders' behavior are discussed. Copyright © 2008 John Wiley & Sons, Ltd.

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Killed in the Act A Descriptive Analysis of Crime-Precipitated Homicide

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Abstract

By disaggregating homicide into group-specific measures, insight may be gained into the many forms of lethal violence. In this article, the authors provide a descriptive analysis of a specific type of homicide that they refer to as “crime-precipitated homicide.” They argue that this categorization is distinct from both felony homicide and victim-precipitated homicide. Crime-precipitated homicides are those in which the victim was killed while participating in illegal behavior including predatory crimes, vice crimes, or narcotics dealing. Using the Homicides in Chicago, 1965-1995 data set, the authors describe the characteristics of crime-precipitated homicide offenders and victims including age, race, gender, and criminal histories. They also report on characteristics of the homicide event including where the homicides occur, when they occur, the type of weapon used, and the relationship between offenders and victims. Results suggest that crime-precipitated homicide is a distinct type that warrants further study....

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Serial And Spree Homicide: Different Crimes Or All Serial Crimes?

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Abstract:

Currently in the literature there are three types of multiple homicides that have been defined; serial homicide, mass homicide, and spree homicide. Serial homicide is generally defined as an offender who commits a minimum of 3 homicides, with a ‘cooldown’ period in between each homicide. Mass murder generally refers to a single incident, in a single location where an offender kills a number of people. The time element of the definition make these two types of multiple homicides clearly distinct from one another. Spree homicides are generally defined as a series of crimes that occur in a short space of time at different locations, with no cooldown between each homicide. Although on the face a clear definition, confusion arises as to the exact difference between serial and spree homicides due to the lack of definition of the exact time element involved, and the exact nature and duration of a cooldown period. In order...

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Starkweather Syndrome: Exploring Criminal History Antecedents of Homicidal Crime Sprees

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Abstract:   Among the sample of convicted murderers, spree killers were noteworthy for their criminal versatility and sheer magnitude of crimes committed. Specifically, spree murderers killed nearly twice as many victims and attempted to kill more than 4 times as many victims as homicide offenders who did not engage in spree crime. In terms of the average levels of crimes committed during the course of their final homicide event, spree murderers committed significantly more rapes, robberies, assaults, acts of child molestation, kidnappings, burglaries, and weapon offenses. In terms of criminal history, fewer differences emerged between spree and non-spree murderers. Both groups of murderers had extensive convictions histories. However, spree murderers had significantly more prior convictions for robbery and child molestation, but fewer convictions for drug sales and use. Little is known about the criminal backgrounds of offenders who commit homicidal crime sprees. Spree murderers have variously been referred to as disorganized, impulsive,...

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On the Importance of Trust in Criminal Relations

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INTRODUCTION

According to conventional wisdom, trust is an essential feature of organized crime. Because criminals have no recourse to the judicial system in the event of contract violations and deceit, they have to rely largely on trust to cope with the risks that are inherent in interactions with others under conditions of illegality. Because trust is a necessary component of criminal relations, it is further argued, organized crime tends to be embedded in ties of kinship, ethnicity, and ritual kinship within Mafia-like fraternal organizations (Black et al., 2001:58; Bovenkerk, 1998:122; Kenney and Finckenauer, 1995:43; von Lampe, 1999:220-1; 2001b; Lupsha, 1986:33-4; Paoli, 2002:84).

Others have cast doubt on the general validity of these assumptions by arguing that organized crime is better characterized by a lack of trust (van Duyne et al., 2001:99, 127), as people who tend towards criminality are unlikely, in the words of Gottfredson and Hirschi,...

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Contract Murderer: Patterns, Characteristics, and Dynamics

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Abstract:   Unlike the hit man who is seen as an established member of organized crime, the professional independent contract murderer is rarely described and is least understood of all the types of contract murderers. This article presented an in-depth psychological study of an independent professional contract murderer who killed over 100 people. He eluded law enforcement for 30 years and killed several associates who he believed could implicate him in various crimes. The homicides eventually led to his arrest. This professional contract murderer had a background of poverty and childhood abuse. However, as an adult, he pursued a middle-class lifestyle with his family kept totally separate from his criminal career. Also, he displayed a number of characteristics that helped him carry out his crimes in a well planned, methodical, and organized manner: adept social judgement; personality traits of orderliness, control, and paranoid vigilance; useful defense mechanisms of rationalization and reframing; and an exceptional ability to...

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Are Defendants Guilty If They Were Chosen in a Lineup?

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Abstract

Courts over believe witnesses who choose suspects in lineups. The extent of the problem depends on the probability of defendants who were chosen actually being guilty. According to Bayes' theorem, the probability of their guilt depends as much on the relative number of guilty who are chosen [p(C/G)] as on the number of innocent suspects [p(C/not G)]. Evidence is presented, based on both experimental data and archival reports of real eyewitness cases, that p(C/G) = 0.29 and p(C/not G) = 0.098 are conservative estimates. This leads to 0.247 being the probability of innocence if chosen (assuming no a prior presumption of guilt or innocence). The problem, then, is serious. Potential remedies are discussed....

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