An Empirical Study of Rape in the Context of Multiple Murder

In recent years, multiple homicide offending has received increased research attention from criminologists; however, there is mixed evidence about the role of rape toward the perpetration of multiple murder. Drawing on criminal career data from a nonprobability sample of 618 confined male homicide offenders selected from eight U.S. states, the current study examines the role of rape as a predictor of multiple homicide offending. Bivariate analyses indicated a significant association between rape and murder charges. Multivariate path regression models indicated that rape had a significant and robust association with multiple murder. This relationship withstood the confounding effects of kidnapping, prior prison confinement, and prior murder, rape, and kidnapping. These results provide evidence that rape potentially serves as a gateway to multiple murder for some serious offenders. Suggestions for future research are proffered.     

When crimes are joined at trial

In two experiments, subject-jurors read evidence from actual criminal cases, decided on the guilt of the defendant, and answered several additional questions. The defendant was accused of one charge (murder or rape) or two charges (both murder and rape). In both experiments, the defendant was more likely to be convicted of either crime if the two charges were joined in one trial. Trait ratings indicated that the defendant was perceived in a more negative way when standing trial on two offenses. The order in which the charges were heard had no effect, nor did instructions to subjects to judge the cases separately.Portions of this paper were presented at the American Psychology-Law Society Meeting in Cambridge, Massachusetts, October, 1981. The research was supported by a grant from NSF to Elizabeth Loftus.     

Examples for use of the STR systems in stain assessment with special reference to Y chromosome systems

The authors describe 3 cases where Y-chromosomal systems were used for typing the biological traces. In the first case, a murder, for the major amount of cell material found on a dish towel (and analysed two years after the crime) female persons were excluded for the system amelogenin and Y-chromosomal systems. A brother of the victim could not be excluded for autosomal STR-systems. Upon confrontation with the results of the DNA-analysis (among other things), this brother confessed the murder of his sister some days later. He was found guilty by the court. In the second case described, a rape of two girls, many traces were analysed parallely with Y-chromosomal and autosomal PCR-systems. The objects where male DNA matching the suspect were found (a paper tissue, a sweat shirt and the knickers of the girls), also showed small amounts of alleles matching with the suspect for autosomal systems, while the major part in these systems was from the girls. The suspect was sentenced to many years imprisonment. In the third case, a possible rape of a young woman, a stained microscope slide of a vaginal swab had to be examined. Microscopically a few sperm heads could be seen in a surplus of leucocytes. The male proportion could be analysed only in the Y-chromosomal systems, not in the autosomal ones. For the frequency calculation of the Y-chromosomal allele combination the haplotype data bank of the Institute for Legal Medicine of the Humboldt university in Berlin was indispensable.     

DNA typing of forensic material with mixed genotypes using allele-specific enzymatic amplification (polymerase chain reaction).

Biological material in forensic casework frequently contains a mixture of genotypes, with a predominance of material from the victim and only trace amounts from the person committing the crime. Physical separation of the two genotypes or preferential lysis of different cell types may sometimes be possible. However, it is often difficult to achieve complete separation due to the lysis of cells or lack of material. We have developed an enzymatic amplification system for the HLA DQA1 locus, that will allow the presence of individual alleles in a sample with mixed genotypes to be determined, independent of their initial proportion in the sample. This system permits the identification of an allele representing less than 10(-4) of the background genotype. Use of polymerase chain reaction (PCR) with general primers allows only alleles representing more than about 1% to be detected, while the allele-specific amplification represents up to a 1000-fold increase in sensitivity. This method was applied to a rape case and a combined rape and murder case; in both cases the biological evidential materials contained a mixture of alleles from the victim and the rapist. Allele-specific PCR revealed the presence of alleles identical to those of the suspect using DNA from a vaginal swab taken after a rape incident, whereas by using general primers in the PCR only trace amounts of alleles other than those of the victim were found. Similarly, allele-specific amplification of DNA from vaginal swabs from the murder case revealed the presence of alleles identical to those of the suspect, while standard PCR only indicated the presence of genetic material from the victim.     

The First Successful Use of a Low Stringency Familial Match in a French Criminal Investigation

We describe how a very simple application of familial searching resolved a decade‐old, high‐profile rape/murder in France. This was the first use of familial searching in a criminal case using the French STR DNA database, which contains approximately 1,800,000 profiles. When an unknown forensic profile (18 loci) was searched against the French arrestee/offender database using CODIS configured for a low stringency search, a single low stringency match was identified. This profile was attributed to the father of the man suspected to be the source of the semen recovered from the murder victim Elodie Kulik. The identification was confirmed using Y‐chromosome DNA from the putative father, an STR profile from the mother, and finally a tissue sample from the exhumed body of the man who left the semen. Because of this identification, the investigators are now pursuing possible co‐conspirators.     

MS31A位点MVR-PCR技术在法医学鉴定中的应用

应用小卫星特异性引物31A、31A -A、31A -G与α -32PdCTP掺入扩增技术对MS31A(位于D7S21位点)进行MVR -PCR分析 ,成功地建立了一套适合于刑事案件中微量血痕、混合斑、毛发、骨组织等样品鉴定的快速、简便、准确的分析技术。灵敏度分析表明 ,该方法能检测出低至1ng的基因组DNA ,具有较高的灵敏性。本技术在40余起强奸、凶杀等疑难案件中应用均获得成功。本研究还利用MVR数据库资料对实际案件中的犯罪嫌疑人成功地进行了筛选、排查以及串并案工作。     

Forensic identification of urine using the DMAC test: a method validation study

Forensic scientists may sometimes be asked to identify the presence of urine in cases such as harassment, rape or murder. One popular presumptive test method uses para-dimethylaminocinnamaldehyde (DMAC), favoured because it is simple, rapid and safe. This paper confirms that DMAC reacts with urea rather than creatinine, ammonia or uric acid. Sensitivity studies found that the 0.1% w/v DMAC solution currently used for urine identification detects levels of urea found in other body fluids, potentially resulting in false positives. A 0.05% w/v solution was found to be more appropriate in terms of sensitivity to urea however the test is still not specific for urine, giving positive reactions with a number of body fluids (saliva, semen, sweat and vaginal material) and other substances (foot lotion, hair removal cream and broccoli).     

The importance of forensic evidence for decisions on criminal guilt

Recent studies have found that the general public perceives forensic evidence to be relatively inaccurate and to involve high levels of human judgement. This study examines how important the general public finds forensic evidence by comparing decisions on guilt and punishment in criminal cases that involve forensic versus eyewitness testimony evidence and examining whether a CSI effect exists. Specifically, this experimental survey study utilized a 2 (crime type: murder or rape) × 4 (evidence type: DNA, fingerprint, victim eyewitness testimony, or bystander eyewitness testimony) ? 1 (no victim testimony for murder scenario) design, yielding seven vignettes scenarios to which participants were randomly assigned. Results indicate that forensic evidence was associated with more guilty verdicts and higher confidence in a guilty verdict. Forensic evidence did not change the expected sentence length and did not generally affect the ideal sentence length. However, for rape, respondents believed that the defendant should receive a longer sentence when forensic evidence was presented but forensic evidence did not alter likely sentence that respondents expected the defendant to receive. The results of this study did not support a CSI effect. Overall, this study suggests that forensic evidence – particularly DNA – has a stronger influence during the verdict stage than the sentencing stage.     

Ambiguity and conflict in sentencing research: Partial resolution through crime-specific analysis

Prior research on factors influencing sentence severity has produced ambiguous findings. To resolve some of this ambiguity, a crime-specific approach to data analysis is proposed and tested. The research sample consists of 468 convictions resulting from 619 indictments for the crimes of murder, rape, aggravated assault, and robbery. Independent variables examined include seven offender and case-processing characteristics. The dependent variable, sentence severity, is measured first as a dichotomous variable (probation or prison) and then as an interval variable (prison-sentence length). After determining that crime type explains a significant proportion of the total variance in sentence severity, the dependent variables are then regressed on the variable list. Four regressions are performed for each dependent variable; the first analysis uses all cases in the sample, while the remaining analyses focus separately on the crimes of murder, assault, and robbery. The research indicates that the aggregate and crime-specific analyses produce substantively different results, both in terms of the factors found to influence sentence severity and the total amount of variance explained. Findings demonstrate the utility of crime-specific analysis.     

An Analysis of the Effects of Subjective and Objective Instruction Forms on Mock-Juries' Murder/Manslaughter Distinctions

Defendants' emotions at the time of their crimes may potentially serve as mitigating circumstances in murder/manslaughter cases. The present study examined whether differences between two forms of instructions given juries in such cases affected mock-juries' murder/manslaughter distinctions. Jurors' reasons for their verdicts and definitions of murder and manslaughter were also compared. In addition, three factors found to be predictive of murder/manslaughter distinctions in previous research were evaluated. It was found that, though instruction forms affected jurors' stated reasons for their verdicts and their definitions of murder and manslaughter, they did not significantly affect murder/manslaughter distinctions. Defendants were most likely to be convicted of murder if they had a history of violence with the victim and dwelt upon their emotions. We suggest jurors likely construe instructions given them to fit their a priori understandings of murder, manslaughter, and the potentially mitigating role of defendants' emotions.     

A comparison of rape and molest offenders in prison psychiatric treatment

Differences in offense history, brain functioning, and psychological functioning of rape (n = 45) and molest offenders (n = 15) who were receiving psychiatric treatment while in prison were evaluated. Significant differences were found in each of these domains. Rape offenders were more likely to have histories of high violence offenses other than sexual offense, including murder, serious juvenile offenses, and both juvenile and adult sexual offenses. Rape offenders were more likely to show lower intellectual functioning and diffuse brain dysfunction associated predominantly with temporal and prefrontal brain cortices. Rape offenders were also more likely to display psychological functioning associated with illogical thinking and disordered attachment but less immature self-focus and fewer feelings of alienation than demonstrated by molest offenders. Implications for treatment and social policy for sexual offenders are suggested. Logistic regression demonstrated that these neuropsychological measures resulted in 71.7% accurate prediction and Rorschach measures resulted in 79.2% accurate prediction in differentiating rape from molest offenders. Implications for theoretical understanding of sexual offending are discussed.     

Forensic approach to analyzing rape cases

With large number of criminal acts, such as rape and murder, identification of the perpetrator is very difficult to determine. The cause is the lack of sufficient quantity of biological traces provided as material evidence, or the biological material is decomposed and no result can be obtained by using other identification methods. Thus the case remains unsolved. The purpose of this research is to establish a reliable method for detecting semen presence in rape cases and to get DNA profile from the perpetrator of a crime. Vaginal swabs were taken using cotton swabs during gynecological examination or autopsy in 21 cases. The chemical detection of semen presence was performed using Phospathesmo Kits. The DNA extraction was performed using QIAAamp^® DNA Mini Kit. The amplification was performed using AmpFistrIdentifiler Kit and AmpFistrYfiler Kit. The electrophoresis was performed using 310 ABI squenator. Results indicate that DNA profile was obtained in 4 cases where chemical tests did not prove semen presence using Phospathesmo Kits. In one case, neither semen presence was chemically proven nor DNA profile was obtained for autosomal STRs, but a profile for Y-STRs was obtained. Our analyses indicate that when the victim's body is examined within the first few hours or the first day, a genetic profile of the perpetrator of the criminal act is obtained. Besides using autosomal STRs, we recommend Y-STRs to be used in all rape cases, too, thus separating the male from female profile, and also the male kinship relatedness in cases of incest could be followed, the rape performed by several blood-related men or similar.     

An unusual case of driving under the influence of enflurane

An unusual case of driving under the influence of the volatile anaesthetic enflurane is reported. A markedly affected anaesthetist was sniffing at an enflurane-moistened handkerchief before he crashed into a lorry at a red traffic light. In the blood sample enflurane (2.92 mg/l) as well as diclofenac (0.28 mg/l) and 4-aminophenazone (24.4 mg/l) were found. The way of driving and the accident and the deficiency symptoms could be explained by the central suppressing effects of enflurane. The physician was considered as impaired and not suitable to drive at the time of the incidence.     

“Murder–Suicide” or “Murder–Accident”? Difficulties with the Analysis of Cases

Abstract: Homicide where a perpetrator is found dead adjacent to the victim usually represents murder–suicide. Two incidents are reported to demonstrate characteristic features in one, and alternative features in the other, that indicate differences in the manner of death. (i) A 37‐year‐old mother was found dead in a burnt out house with her two young sons in an adjacent bedroom. Deaths were due to incineration and inhalation of products of combustion. (ii) A 39‐year‐old woman was found stabbed to death in a burnt out house with her 39‐year‐old de facto partner deceased from the combined effects of incineration and inhalation of products of combustion. The first incident represented a typical murder–suicide, however, in the second incident, the perpetrator had tried to escape through a window and had then sought refuge in a bathroom under a running shower. Murder–accident rather than murder–suicide may therefore be a more accurate designation for such cases.     

Predicting symmetry in female/male crime rates

This paper examines changes in female criminality. Data were obtained from 1943 through 1998 on six index crimes: murder, robbery, assault, burglary, auto theft, and larceny. Rape and arson are not included because rape is almost exclusively a male crime, while statistics for arson have not been consistent for the period studied. A review of the literature on female crime is presented. Percentage differences between males and females were obtained for specific crimes for each year. A regression line was computed for this difference by year. Each line is characterized by R², as a measure of confidence in future predictions and “b” levels to determine slope, and the expected year in which male and female crime will achieve equality if current trends continue. The authors also suggest using the year generated as an index on which to compare growth or decline of female crime.     

Male DNA typing from 25-year-old vaginal swabs using Y chromosomal STR polymorphisms in a retrial request case.

We report here the application of Y chromosomal DNA analysis in a retrial request case, raised officially by Sapporo High Court, Japan, of a condemned criminal whose capital punishment has been suspended. DNA was extracted from mixed seminal/vaginal secretion stains collected 25 years ago from two raped and murdered victims, and Y chromosome STR loci (DYS19, 390, 393, YCAII) were amplified and sequenced to clarify the DNA type of the rapist. Alkaline proteinase and sodium hydroxide were used before phenol/chloroform extraction to achieve high quality DNA from very old samples. In addition, amplified fragments of DYS19, DYS390, and DYS393 were sequenced using an automated DNA sequencer. Four Y STR DNA types detected from vaginal swabs were found identical to those of the accused criminal and confirmed that the two rape and murder cases had been committed by the same person. Sapporo High Court accepted the results and rejected the retrial request in February 1998.     

Self-Reported False Confessions and False Guilty Pleas among Offenders with Mental Illness

Persons with mental illness may be at risk for false admissions to police and to prosecutors because of the defining characteristics of mental illness, but potentially because of heightened recidivism rates and increased opportunities. We surveyed 1,249 offenders with mental disorders from six sites about false confessions (FCs) and false guilty pleas (FGPs). Self-reports of FC ranged from 9 to 28%, and FGPs ranged from 27 to 41% depending upon site. False admissions to murder and rape were rarely reported. We also examined differences between those claiming false admissions and those not. Minorities, offenders with lengthier criminal careers, and those who were more symptomatic were more likely to have self-reported false admissions than their counterparts.     

Extreme career criminals

Although murder, rape, and kidnapping are considered extremely serious crimes, little criminal career research has focused on these perpetrators. This study examines 500 habitual offenders who have accumulated at least 30 entries in their arrest histories. Multivariate analysis of variance (MANOVA) and negative binomial regression solutions indicate that murderers, rapists, and kidnappers totaled more violent Index arrests, netted more felony convictions and prison sentences, and offended for a longer span than other chronic recidivists. Given the policy relevance of career criminal research, more scholarly attention should focus on extreme offenders.