Empathy,distance, and blame: juror perceptions of black male homicide victims in capital cases

The courts have consistently struggled with the discriminatory imposition of the death penalty. This research employs data from the Capital Jury Project which seeks to identify arbitrariness in jurors’ decision-making. Results indicate that Black male victims are perceived to be the most likely to have a problem with drugs/alcohol and come from poor/deprived backgrounds and the least likely to be respected in the community and be perceived as innocent. Black male victims and their families also receive the least empathy from jurors, whom jurors feel the most distance from, and who are most to blame for their victimization. Results suggest the enduring racialization of violent crime and the continuing devaluation of the lives of Black males in American society.     

The nexus between attribution theory and racial attitudes: a test of racial attribution and public opinion of capital punishment

Research has shown that attribution theory and racial attitudes are among the most consistent attitudinal predictors of capital punishment opinion. This study explores the overlap of these two constructs, racial attribution, and its ability to account for support and opposition to the death penalty. Using data from the 1972–2016 cumulative data file of the General Social Survey, three logistic regression models were used to analyze the effect of internal and external racial attribution on capital punishment opinions for (a) the aggregate sample, (b) White respondents only, and (c) Black respondents only. Respondents were asked whether racial inequalities were due to structural disadvantages or personal deficiencies of Black Americans. Findings showed that respondents in all three models were more likely to support the death penalty when they attributed racial inequalities to personal deficiencies of Blacks and less likely to support the death penalty when they endorsed structural disadvantages, although the effects were somewhat muted for Black respondents. These findings suggest that ongoing public support for capital punishment in the United States is based at least in part on a fundamental attribution error in which Whites and some Blacks alike blame Blacks for their own deprivation.     

Confidence in the police by race: taking stock and charting new directions

The current study reflects a narrative mega-review of confidence in the police by race. This review has led to two conclusions. First, blacks and whites have different levels of confidence in the police, but the difference between races is a matter of degrees. Second, race is not the strongest predictor of confidence in the police in most multivariate analyses. When variables, such as police contacts and concentrated disadvantage, are controlled for, the effect of race tends to be attenuated and/or sometimes disappear. These results prompt us to urge scholars to chart new directions for future research: fairness and its flip side – injustice – rather than race should be the focus of empirical and analytical gaze. The practical implications derived from this review are twofold. First, central to improving minority confidence in the police is to treat people of all racial groups fairly and equitably. Second, the police and the policed must come to terms and have faith in our democratic system and reform. This review is the first of its kind. We conclude by proposing a template of explaining confidence in the police by race with fairness as the tying knot.     

The intersection of race and gender: an examination of sentencing outcomes in North Carolina

This study examines the intersection of offenders’ race and gender in the sentencing process using data on felony cases sentenced in North Carolina. Analyses examine the likelihood that charges were reduced in severity between initial filing and conviction, the likelihood of imprisonment, and the length of sentence imposed, and test whether race affects punishment similarly for men and women. Results indicate that status characteristics predict both reductions in charge severity and the severity of the final sentence, and that racial disparity is conditional on gender. However, the results are not entirely consistent with predictions derived from the extant literature. Gender significantly predicts case outcomes at each stage, but black men were not uniformly disadvantaged, and black women received the least severe treatment in two out of four analyses. Theoretical implications for the intersection of race and gender in sentencing theories are discussed.     

Exonerees in Black and White: the influence of race on perceptions of those who falsely confessed to a crime

ABSTRACT

Black Americans account for 61% of those who have been released from prison through DNA exoneration. In the present study, we explored the influence of race on perceptions of wrongfully convicted individuals who have been exonerated. Participants (N?=?121) were randomly assigned to read a fictional newspaper article about a Black or White individual who was wrongfully convicted due to a false confession and then report their perceptions of the exoneree’s guilt, warmth, competence and aggression, how deserving the exoneree was of government assistance and the likelihood that once released, the exoneree would commit a crime resulting in his reimprisonment. Results indicated that a Black exoneree was perceived as more aggressive (but not less competent or warm), less deserving of assistance, and more likely to commit a crime post exoneration resulting in his reimprisonment than a White exoneree. We also explored whether there were differences in terms of race on perceptions of mental illness for those wrongfully convicted due to falsely confessing to a crime and found that participants perceived a White exoneree as more mentally ill than a Black exoneree. The implications for the post-incarceration experiences and challenges faced by Black exonerees relative to White exonerees are discussed.     

The impact of race and extra-legal factors in charging defendants with serious sexual assault: Findings from a five-year study of one Pennsylvania court jurisdiction

Research on sexual assault case processing remains mixed regarding how extra-legal factors such as the racial-ethnic composition of the defendant-victim dyad may impact prosecutorial decision-making. We use data from 2006–2010 in a Pennsylvania county court jurisdiction to examine the victim- and defendant-related factors that influence charging decisions. We also explore how the demographic and offense characteristics influence decisions to prosecute offenders for more serious types of sexual assault. Our findings indicate that the racial composition of the defendant-victim dyad contributed to the prosecutorial decision to charge an offender with a more serious sexual assault, while victim characteristics and use of violence during the offense were not related to seriousness of the charge.     

Race,Plea, and Charge Reduction: An Assessment of Racial Disparities in the Plea Process

With the growing recognition of the salience of prosecutorial discretion, attention to biases in the earlier phases of case processing is increasing. Still, few studies have considered the influence of defendant race and race/sex within the plea process. The present study uses a sample of felony cases to assess the influence of race and race/sex on the mode of disposition, similarities and differences in the factors that predict the likelihood of a plea across race, and potential racial disparities in the plea value received pertaining to a charge reduction. The findings suggest that blacks, and black males in particular, are less likely to plea, and are expected to receive a lower value for their plea. Also, the factors that predict the likelihood of a plea are substantively different across race. Conditioning effects of race and sex are found in the likelihood of a plea and probabilities of a charge reduction.     

Predictors of Support of Legislation Banning Juvenile Executions in Oklahoma: An Examination by Race and Sex

The Supreme Court has recently decided to re‐examine the constitutionality of executing individuals under the age of 18 at the time of the offense. The Supreme Court’s reliance on public opinion as evidenced through opinion polls and changing laws in the 2002 Atkins decision has suggested that public opinion may play a role in the Court’s decision regarding juvenile executions. There is considerable evidence that the majority of Americans favor a ban on juvenile executions. In the current study, we use Oklahoma data collected in 2003 by the Oklahoma University Public Opinion Learning Laboratory to examine more closely the factors that predict a support of a ban on juvenile executions. Interestingly, only one fourth of Oklahomans oppose such a ban. Earlier research suggested that religious fundamentalism is linked to support of juvenile executions, but we did not find this, suggesting that public opinion may be shifting. We then analyzed the data separately by race and then by sex. Our findings suggest that there may be differences between groups in the predictors of support for a ban on juvenile executions, at least in Oklahoma, indicating the need for further research.     

缺乏对抗的“被告人说话式”审判——对我国“控辩式”刑事审判的实证考察

我国立法机关于1996年在吸收了对抗式刑事审判合理因素的基础上,创设了"控辩式审判"方式,以解决庭审走过场的弊端和实现控辩审职能的分化。从司法实践来看,改革者的目标并没有得到实现。我国的刑事审判在实际运作上是一种缺乏对抗的"被告人说话式"审判,具体表现在:庭审上趋于消极但不中立的法官,公诉人对审判的单方面主导,被告人是法庭上的"主角","说话权"受限的量刑辩护人,法庭调查的书面化等。由此导致我国刑事审判制度的双高现象:高效率和高定罪率。     

Criminal justice decision making as a stratification process: The role of race and stratification resources in pretrial release

Our purpose is to bridge the criminal justice and stratification research literatures and to pursue the argument that homologous structural principles stratify allocation processes across central institutions of American society. The principle observed here in the making of bail decisions, as in earlier studies of the allocation of earnings, is that stratification resources operate to the greater advantage of whites than blacks. The operation of this principle is established through the estimation of covariance structure models of pretrial release decisions affecting 5660 defendants in 10 federal courts. Education and income are treated in this study as observed components of a composite construct, stratification resources, which works to the greater advantage of whites. Prior record is also found to operate to the greater advantage of whites. Two further variables, dangerousness and community ties, increase bail severity among blacks and whites. While the effect of community ties has been legally legitimized since the Bail Reform Act of 1966, the effect of dangerousness was not so legitimized until the Bail Reform Act of 1984. However, because our data precede the latter act, they confirm that this act simply reinstitutionalized earlier practice. Meanwhile, our race-specific findings may explain why although this and earlier studies find negligible main effects of race on criminal justice outcomes, black Americans nonetheless perceive more criminal injustice than do whites. In the criminal justice system, as in other spheres of American society, whites receive a better return on their resources, but our findings that the statutory severity of the offense and dangerousness work to the relative disadvantage of white defendants challenges conflict and labeling theory's one-dimensional characterization of black defendant disadvantage.     

An Empirical Analysis of 30 Years of U.S. Juvenile and Adult Sexual Homicide Offender Data: Race and Age Differences in the Victim–Offender Relationship

Abstract: Little is known about the racial patterns of crimes committed by sexual homicide offenders (SHOs). This study examined race and age influences on victim–offender relationship for juvenile and adult SHOs. A large sample (N = 3868) from the Supplemental Homicide Reports (1976–2005) was used. Analyses of victim–offender patterns included examining victim age effects (child, adolescent, adult, and elderly). The findings revealed several race‐ and age‐based differences. Black offenders were significantly overrepresented in the SHO population. This finding held for juveniles and adults independently. White SHOs were highly likely to kill within their race, “intra‐racially” (range 91–100%) across four victim age categories, whereas Black SHOs killed both intra‐racially (range 24–82%) and inter‐racially (18–76%), with the likelihood of their killing inter‐racially increasing as the age of the victim increased. This study underscores the importance of considering victim–offender racial patterns in sexual murder investigations, and it offers practical implications for offender profiling.     

An integrated case formulation approach in forensic practice: the contribution of Occupational Therapy to risk assessment and formulation

Forensic services focus on risk reduction and extol the value of multidisciplinary working. Due to the complex relationship of personality disorder and risk, a multidisciplinary approach to risk assessment, formulation, management and reduction is essential. Occupational Therapists provide a unique perspective; however, current literature pertaining to the contribution of Occupational Therapy is negligible. This paper aims to initiate discussion of the value of Occupational Therapy contributions to risk assessment and formulation with personality disordered offenders. A new approach is described that integrates occupational adaptation and multiple sequential functional analysis to provide a structured framework for Occupational Therapy risk assessment and formulation. A single case report is presented to demonstrate the advantages of the approach for identifying offenders’ strengths and difficulties, predicting risk of reoffending, identifying offence paralleling behaviour and informing and evaluating efficacy of intervention, thereby supporting the aims of forensic practice settings to assess, manage, treat and reduce risk.     

Trust is hard to come by: Disentangling the influence of structural characteristics and race on perceptions of trust in the police in a major Southern County

The current study will add to the literature on public attitudes toward law enforcement by assessing the individual and contextual-level predictors of one of the key concepts in police legitimacy literature: trust. Examining individuals nested within zip code results showed a significant equalizing effect of structural resource deprivation on both White and Black respondents' perceptions of trust in the police. Additionally, results found respondents who perceived racial profiling to be widespread had a universally decreased likelihood of having trust in the police, and these disparities were exacerbated as structural resource deprivation increased.     

Suicidal hanging resulting in complete decapitation--forensic, radiological, and anthropological studies: a case report

The authors report a case of complete posthanging decapitation. The decapitated corpse lay against a pillar of a road bridge. The head had rolled 5 m from the trunk. The bridge was 7.2 m above the road level. The rope was 3.6 m long, its lower end was 3.6 m from the ground and its diameter was 10 mm. The noose used was a slip knot. Plain X-rays of the skull and cervical spine were obtained. The skull X-rays showed air in the meningeal spaces, in both lateral and third ventricles. The severance plane of the cervical spine was between the third and the fourth cervical vertebrae. No other cervical vertebral injuries were noted. At autopsy, the brain was macroscopically unremarkable except for air in the meningeal veins. The decapitation injuries of the head and the torso corresponded perfectly, without apparent loss of substance. The severance plane was confirmed. Dry bone study was carried out. Except for fractures of the extremities of the spinous processes of the second and third cervical vertebrae, no other bone injury of the spine was seen. The cervical vertebrae displayed numerous osteoarthritic lesions. The traditional hangman's fracture was not found. To the best of our knowledge, this is the first report of complete posthanging decapitation with a severance plane between the third and fourth cervical vertebrae.     

Service utilization in a cohort of criminal justice-involved men: implications for case management and justice systems

In the era of re-entry, a great deal of attention has been paid to the ‘risk-need-responsivity’ model. Most attention to the utilization of services designed to meet need has focused on post-release behaviors. However, little attention has been paid to the pre-incarceration utilization of services that might influence receptivity to post-release utilization. Using constructs borrowed from health services utilization, the current paper examines the associations among CJ-involvement, social and health services utilization, and health status in a cohort of CJ-involved men living in the community. Results from the current cohort, combined with those of previous research, suggest that follow-through on services by released individuals’ remains problematic. Suggestions for future research and questions about the role of criminal justice agencies in improving follow-through are raised.     

Upon a failure to equal entry and exit wounds: a possible case of tandem bullets in view of the literature

Forensic medicine specialists take account of the projectiles remaining in the body when determining whether there are an equal number of entry and exit wounds. The absence of projectiles should suggest blank cartridges, a single exit wound despite several firings and bullet embolization, whereas the presence of more projectiles than expected may indicate tandem projectiles and multiple projectiles entering through the same hole. Radiological examination of the whole body, follow-up of the bullet trajectories, examination of the clothes, and examination of the gun and projectiles play a key role in solving difficult cases. We review such situations based on a case of tandem bullets. Two 7.65-mm bullets created lethal wounds entering through a 32-year-old victim's neck followed the same trajectory to a certain point and diverted. We discussed the possibilities in cases that show inequalities between entry and exit wounds, in light of relevant literature.     

Parliament,public engagement and legislation in Bangladesh: a case study of Domestic Violence Act of 2010

ABSTRACT

This paper examines the process of enactment of the domestic violence bill in Bangladesh. One of the distinctive features of the bill, passed in 2010, was that it originated in civil society and widespread public engagement characterised its enactment process. The paper explores the factors that encouraged different actors to agree to enact the law. There are, however, not many examples of parliament–CSO interaction in the legislative process. The paper identifies reasons that discourage engagement in other areas of public concern. Prominent among the reasons underlying weak public engagement in the legislative process are: monopoly of the government in the legislative process and its eagerness to pass laws in haste, dominance of part-timers in parliament, legal restriction on ‘independent’ voting in parliament, over-centralization of power in political parties and politicisation of CSOs.