Officials' Estimates of the Incidence of “Actual Innocence” Convictions

Evidence indicates that the conviction and imprisonment of factually innocent persons occur with some regularity. Most research focuses on causes, but the incidence of wrongful convictions is an important scientific and policy issue, especially as no official body gathers data on miscarriages of justice. Two methods are available for discovering the incidence of wrongful conviction: (1) enumerating specific cases and (2) having criminal justice experts estimate its incidence. Counts or catalogues of wrongful conviction necessarily undercount its incidence and are subject to accuracy challenges. We surveyed Michigan criminal justice officials, replicating a recent Ohio survey, to obtain an expert estimate of the incidence of wrongful conviction. All groups combined estimated that wrongful convictions occurred at a rate of less than ½ percent in their own jurisdiction and at a rate of 1–3 percent in the United States. Defense lawyers estimate higher rates of wrongful conviction than judges, who estimate higher rates than police officials and prosecutors. These differences may be explained by professional socialization. An overall wrongful conviction estimate of ½ percent extrapolates to about 5,000 wrongful felony convictions and the imprisonment of more than 2,000 innocent persons in the United States every year.     

Quantifying the Accuracy of Forensic Examiners in the Absence of a “Gold Standard”

This study asked whether latent class modeling methods and multiple ratings of the same cases might permit quantification of the accuracy of forensic assessments. Five evaluators examined 156 redacted court reports concerning criminal defendants who had undergone hospitalization for evaluation or restoration of their adjudicative competence. Evaluators rated each defendant’s Dusky-defined competence to stand trial on a five-point scale as well as each defendant’s understanding of, appreciation of, and reasoning about criminal proceedings. Having multiple ratings per defendant made it possible to estimate accuracy parameters using maximum likelihood and Bayesian approaches, despite the absence of any “gold standard” for the defendants’ true competence status. Evaluators appeared to be very accurate, though this finding should be viewed with caution.     

Ideological dimensions of the “Balkan Family Pattern” in the first half of the 20th century

This article deals with family ideology and family ritual processes in the Central part of the Balkans, in the mountainous part of the Bulgarian–Serbian border areas, during the second half of the nineteenth and the early twentieth century. Celebration rituals, dedicated to the patron saints of family-kin households (Serbian slava and Bulgarian sluzhba), have been described as an “ideology of patriarchalism” in ethnological and historical literature, based on the cult of predecessors. Ethnographical research in this region has shown the prominent social functions of the ritual cycle that built cohesion in the family-kin community, rather than archaism. Based on historical and ethnological data, and on ethnographic fieldwork in Western Bulgaria and Eastern Serbia, this contribution shows how the Orthodox cycle of celebrations and rituals was practiced in a family-kin environment during the first half of the twentieth century. The analysis focuses on how family rituals built family ideology, which kept its integrative functions even during the decades of socialism.     

Changes of the Legal Nature and the Ownership of Underground Garage——As the disputes of “Today Garden”

《物权法》的实施导致地下车库法律性质和地位的变化,也改变了其权利归属认定的逻辑前提.《物权法》实施前,地下车库必须依附于物业小区的宗地使用权,没有独立存在的基础,只能为区分所有建筑物的附属物.交易中未约定时,其权属随商品房的移转而一并移转;《物权法》实施后,借助于土地的分层利用制度,地下车库成为可独立交易物,由此为开发商保留地下车库所有权提供了可能,就其所有权取得无特别约定时,地下车库仍为其初始权利人——开发商所有.因此《物权法》颁布前后,有关地下车库权属判断的衔接问题尤为凸显.     

Toward a Green-Cultural Criminology of “the Rural”

There are many connections between the various strands of critical criminology. Previously, we highlighted common issues between green and cultural criminology, while also noting some of the ways that each perspective could potentially benefit from cross-fertilization (Brisman and South in Crime Media Cult 9(2):115–135, 2013, Green cultural criminology: constructions of environmental harm, consumerism and resistance to ecocide. Routledge, Oxford, 2014; McClanahan in Crit Criminol. doi:10.1007/s10612-014-9241-8, 2014). In this article, we extend our analysis to consider green, cultural and rural criminologies through the exposition of several key issues, including “the rural” as local context in which exploitative global forces may exercise power; agribusiness and the food/profit chain; farming and the pollution of land, water and air; and finally, cultural/media images and narratives of rural life. We focus more specifically on this final intersectionality through an analysis of Jonathan Franzen’s novel Freedom (2010), analyzing his depictions of rural people, environmental activists, and the rural environment through the issue of mountaintop removal. We conclude our article by identifying several examples of key directions in which the intersectionality of green, cultural and rural criminologies might proceed, including trafficking and abuse of farmworkers, harms associated with the cultivation of quinoa, and a critical interpretation of media and popular narrative depictions of environmental issues within rural contexts.     

Estimating the Impact of Classification Error on the “Statistical Accuracy” of Uniform Crime Reports

This paper offers a methodological approach for estimating classification error in police records then determining the statistical accuracy of official crime statistics reported to the Uniform Crime Reporting (UCR) program. Classification error refers to the mistakes in UCR statistics caused by the misclassification of criminal offenses, for example recording a crime as aggravated assault when it should have been simple assault. Statistical accuracy refers to the estimated true total of each crime type based on cancelling effect of undercounting and overcounting crime due to misclassifications. The population for the study consists of the 12 largest municipal police agencies in a mostly rural southeastern state. Based on a sample of 2,663 records, the authors illustrate the impact of classification error on the total population of reported offenses. Misclassifications result in overcounting and undercounting certain crimes. The true number of each crime type, as well as the aggregate Index Crime, Violent Crime, and Property Crime totals, is estimated based the evaluation of offsetting misclassifications. The findings show that certain UCR crime categories are greatly undercounted while others are overcounted. The index crime and violent crime totals are also significantly undercounted; however, when simple assault is added to the index and violent crime categories, the error in these aggregate numbers is reduced to less than 1%. The results provide a benchmark for assessing the statistical accuracy of the UCR data.     

The return of the “Battered husband Syndrome” through the typification of women as violent

The process of the social construction of woman abuse includes the essential idea of typification: that how we typify abused women can be a part of justifying help, or it can provide the scientific justification for a male discourse which legitimates abuse and buffers batterers from guilt. Because Straus and Gelles are widely used by the press and academics as authorities, it is essential to recognize their return to an ideological position they once seemingly abandoned: that women are as violent as men, are not acting in self-defense, and may be ultimately responsible for male violence. As this debate is carried on in public, newsmaking criminology must be used to provide the media with alternative feminist views.     

Wrongfully Convicted: How the Dutch Deal with the Revision of Their “Miscarriages of Justice”

During most of the twentieth century the very existence of judicial errors was considered an awkward subject in the Dutch legal system. This article considers the change of attitude in recent years. In previous years there was a remarkable self-confidence within the criminal justice system (and in most of the scholarly writings) in doing things the ‘right way.’ After a few warnings from (only partly legally trained) scholars, who became interested in the functioning of the system, and moreover, after a few clear and undeniable cases of judicial error, there was a volte-face in the general feeling amongst both the public and the profession. It is the opinion of the authors that this shift in opinion is historically important. This article therefore intends to draw a picture of the current state of affairs in The Netherlands.     

On the Limits of Social Control: Structural Deterrence and the Policing of “Suppressible” Crimes

The present study examined the relationships between patterns of police arrests and subsequent variations in robbery, burglary, and aggravated assault in New York City police precincts from 1989 to 1998. Grounded in the structural deterrence theoretical perspective, and using a two‐stage fixed‐effects statistical framework, the study found that while controlling for indicators of social disorganization, increases in arrest vigor (i.e., arrests per officer for violent crimes in each precinct and raw arrest counts) predicted decreases in robbery and burglary, but that the relationships were non‐linear: as arrest vigor increased, robbery and burglary crime decreased; when arrest thresholds were reached, however, both robbery and burglary crime rates became positively associated with arrest aggressiveness. Conversely, variations in aggressive arrest patterns had no significant effect on aggravated assault, supporting the suppressible crimes arguments that primarily economically motivated crimes, and those that tend to occur in public settings, are most likely deterred by aggressive police practices.     

Christian Wolff and the classics of“scientific socialis”

The paper analyses the reception of Christian Wolff in the work of the founders of scientific socialism. It is discussed how Marx, Engels and Lenin thought about a leading representative of German Enlightenment. The author argues that the classics of scientific socialism knew about Wolff in an off-handed and secondary way. As the case of Wolff shows their studies regarding philosophical, legal, sociological and economic theories and those who represented them were strongly influenced by thinking with the logic and in the categories of class antagonism and struggle. The Wolff treatment by Marx, Engels and Lenin determined his reception in the philosophy and economics of the state socialism.     

The Case of the “Offering of Life” in the Causes for Canonization of Catholic Saints: The Threshold of Self-Sacrifice

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Catholic legal and doctrinal tradition defined two main cases for the canonization of saints:...     

The perspective of “justice” of international law in the global context

After the Cold War and the quick development of globalization, non-state acts by international organizations, transnational corporations and nongovernmental organizations (NGOs), etc., are becoming more active. Global issues with regard to, inter alia, environment, human rights, terrorism are constantly emerging, which bring great challenge to the Westphalia System that is based on state sovereignty and centered on the national state. At the same time, the values, which include “individualism” and “global justice,” are constantly casting impact on international legal system. Doubtlessly, in the current context of international relations, “justice among states” is still the reasonable positioning of the value of modern international law. However, making “individualism” and “global justice” compatible and modifying “justice among states” is an inevitable trend. At the same time, the rule brought about by the modification on the value of justice must be handled properly.     

Is Plea Bargaining in the “Shadow of the Trial” a Mirage?

It has been well established that a ??plea discount?? or ??trial penalty?? exists, such that defendants who plead guilty receive significant sentencing discounts relative to what they would receive if convicted at trial. Theorists argue that the exact value of this plea discount is determined by bargaining ??in the shadow of a trial,?? meaning that plea decision-making is premised on the perceived probable outcome of a trial. In trials, the strength of the evidence against defendants greatly impacts the probability of conviction. In the present study, we estimate the probability of conviction at the individual level for those who pled guilty. We find that, contrary to the shadow of the trial model, evidentiary factors either do not impact or negatively impact the probability of conviction, which stands in stark contrast to the impact evidence has at trials. These findings suggest that plea bargain decision-making may not occur in the shadow of the trial.     

Forensic Investigation of a Shawl Linked to the “Jack the Ripper” Murders

A set of historic murders, known as the “Jack the Ripper murders,” started in London in August 1888. The killer's identity has remained a mystery to date. Here, we describe the investigation of, to our knowledge, the only remaining physical evidence linked to these murders, recovered from one of the victims at the scene of the crime. We applied novel, minimally destructive techniques for sample recovery from forensically relevant stains on the evidence and separated single cells linked to the suspect, followed by phenotypic analysis. The mtDNA profiles of both the victim and the suspect matched the corresponding reference samples, fortifying the link of the evidence to the crime scene. Genomic DNA from single cells recovered from the evidence was amplified, and the phenotypic information acquired matched the only witness statement regarded as reliable. To our knowledge, this is the most advanced study to date regarding this case.     

A quasi-experimental evaluation of the “environmental corrections” model of probation and parole

Journal of Experimental Criminology - The current study reports the results of a pilot test of the Environmental Corrections model of probation and parole, a framework for supervising offenders in...     

“The big sleep: Elucidating the sequence of events in the first hours of death to determine the postmortem interval”

Recent developments on postmortem interval estimation (PMI) take an advantage of the autolysis process, pointing out to the analysis of the expression of apoptosis and autophagy genes towards this purpose. Oxidative stress plays a role in this signaling as a regulatory mechanism and/or as a consequence of cell death. Additionally, melatonin has been implicated on apoptosis and autophagy signaling, making melatonin a suitable target for PMI determination. The aim of this study was to investigate the early PMI through the analysis of the expression of autophagy genes as well as oxidative stress and melatonin receptor. Our results demonstrated a rapidly increased on the expression of autophagy genes according to the expected sequence of events, then a marked decrease in this expression, matched with the switch to the apoptosis signaling. These results revealed potential candidates to analyze the PMI in the first hours of death, helping to estimate the time-since-death.