The effect of sexual stratification by race on arrest in sexual battery cases

LaFree finds that in most respects officials react more seriously to black assailants who assault white victims than other suspects. Yet paradoxically black assailants who assault white victims are not more likely to be arrested. He explains this apparent inconsistency by proposing that place of incarceration or length of sentence have to do with the seriousness of the offense, whereas arrest has to do with whether the assailant is guilty or innocent. This paper rejects that distinction, arguing that both involve judgments that reflect the influence of similar factors. Several such factors are examined in an analysis of 347 offense reports on sexual battery in Tallahassee over a recent five-year period. The data show that exceptionally cleared cases are the rule in black assailant-black victim (BB) rapes where victims and assailants are mostly acquainted, whereas cases pending predominate in black assailant-white victim (BW) rapes where victims and assailants are mostly strangers. When victims and assailants are acquainted, proportionately more arrests are made in BW rapes than in BB rapes. These findings are consistant with conflict theory’s position that powerful groups enforce sexual-property rules by the differential application of criminal law and punitive sanctions.     

REASSESSING RACE DISPARITIES IN MARYLAND CAPITAL CASES*

A generation of research studies that were conducted in multiple states and covered different time periods has found evidence that individuals who kill white victims encounter a greater risk of facing the death penalty than killers of black victims. More recently, research has also examined the likelihood of death penalty processing for black defendants who kill white victims in comparison with other defendant–victim race groups. In particular, a study in Maryland conducted by Paternoster et al. (2003) found evidence that offenders in black defendant–white victim cases were more likely to be death noticed by prosecutors and to receive a death sentence than other offenders. A recent analysis by Berk, Li, and Hickman (2005) raised questions about some of these findings. In this article, we conduct new analyses and conclude that black defendants who kill white victims face a greater risk of adverse treatment than other types of defendants.     

Homicides committed by youth assailants: a retrospective study

The pediatric population has received considerable attention in the forensic community; the youth assailant of homicide, however, is understudied. The authors retrospectively reviewed all cases referred to the Forensic Pathology Section of the Medical University of South Carolina between January 1991 and May 2006. Cases included in the study were homicides in which 1 or more assailants were 19 years of age or younger. The cases were examined as to the cause and manner of death, victim age, gender, race, incident location, weapon used, assailant-victim relationship, assailant age, gender, race, motive, and postmortem toxicology results. Assailant information was obtained from forensic records at Medical University of South Carolina, police department records, and online search engines of South Carolina State newspaper archives confirmed by law enforcement reports. The youth assailants were predominantly black men, 15 to 19 years of age (range, 4-19 years). Most victims were black male acquaintances, and the motive was most often an argument. The most common cause of death was cerebral laceration because of a gunshot wound. The incident occurred in the home in 41% of cases, followed by the street in 31%. Victim toxicology was frequently positive for cocaine, marijuana, and alcohol.     

RACIAL ANIMOSITY AND INTERRACIAL CRIME*

The primary objective of this study is to determine the effect of a victim's race on the likelihood of him or her being seriously injured during the commission of an interracial crime. We also assess the probability of a homicide occurring during an interracial crime. A multilevel city analysis shows that black offenders are no more apt than white offenders to injure their victims seriously during an interracial robbery or rape. A black offender also does not have a greater proclivity to kill his or her victim during the commission of an interracial crime. Some evidence suggests that white victims are more likely than black victims to suffer serious physical harm during an aggravated assault. Results also reveal that contextual factors related to racial animosity, such as residential segregation, white‐to‐black economic inequality, and black‐to‐white unemployment, fail to have any moderating effect on either the severity of victim injury or the likelihood of a homicide occurring during an interracial crime. Overall, the results generated in this study tend to cast doubt on the validity of racial animosity theory. Our findings also lead us to question the veracity of the oftenmade claim that black‐on‐white crimes are punished more severely because these types of offenses are somehow more heinous in circumstance. At least in regard to serious victim injury and victim death, black‐on‐white crime is no more violent than white‐on‐black crime.     

Victim-offender race and support for capital punishment: A factorial design approach

Existing research suggests that juries are more likely to condemn murderers to death when offenders are black victims are white. It remains to be seen, however, whether these decisions reflect broader racial prejudices in society that are imported into the jury room. If they do, then insuring equity in capital sentencing may be beyond reach. Accordingly, this study uses factorial design methodology to examine whether members of the general public are more supportive of capital punishment when asked to rate a vignette describing a murder involving a white victim and black offender as opposed to other victim-offender racial combinations. Our analyses suggest that the race of the offender, but not the victim, has a significant influence on support for capital punishment. Thus, procedural safeguards alone may be unable to eliminate racial bias in capital sentencing.     

TO KILL OR NOT TO KILL? LETHAL OUTCOMES IN INJURIOUS ATTACKS*

This research explores the utility of the notion of lethal intent for understanding the outcomes of injurious attacks. We suggest that assailants sometimes kill rather than merely injure victims to avoid either retaliation or criminal prosecution. We hypothesize that, for these tactical reasons, offenders will be more likely to kill when they have no accomplices, when their victims are male or black, and when the victim can identify them. These hypotheses are tested with a merged data set containing information on homicides and nonlethal victimizations involving robbery, rape, and pure assault. The results of multiple logistic regression analyses are largely consistent with theoretical expectations.     

A decade of pediatric homicide: a retrospective study at the Medical University of South Carolina.

More than 3 million children are abused and/or neglected each year in the United States. Unfortunately, a significant percentage of these cases result in homicide by child abuse or child neglect. Causes of death range from blunt force trauma and shaking to asphyxia to immolation. We retrospectively reviewed all pediatric forensic cases referred to the Medical University of South Carolina Forensic Pathology Section over the past 10 years, from January 1986 to December 1995. Of these, we looked only at children < or =5 years of age. The majority (342 cases, 69%) of these deaths were classified as natural, 96 (19%) as accident, and 60 (12%) as homicide. Of the homicides, we examined the cause of death; age, gender, and race of the victim; relationship to the perpetrator; time interval between injury and death; and the initial history given as to the cause of the injury. The cause of death fell into nine categories, the number one category being head trauma. Forty-five percent of the homicides were by head trauma, 12% by abdominal or body trauma, 25% by asphyxia (with half of these due to drowning), 10% by carbon monoxide poisoning or thermal injury, and the remaining 8% involving cases of neglect, stabbing, and poisoning. The majority of the homicide victims were male (67%) and black (67%). Forty-six percent were < or =1 year of age. Approximately 25% of the homicide cases were designated as shaken baby syndrome (SBS). In 97% of the cases, the assailant was known to the victim and was a family relative in 77%. Sixty-three percent of the assailants were female and 45% of the assailants were male; in 12%, the assailants were both parents, and in 1 case, the assailant remains unknown. Of the asphyxia deaths, 87% of the assailants were female. The time interval between injury and death ranged from minutes to hours in most cases to months in cases of repeated abuse and chronic injury and sequelae. The time interval between injury and the onset of symptoms remains unknown in most cases due to inconsistencies in the history and lack of credibility of the caretaker. The most common initial history given was "a fall" (20%). We report our findings of a decade of pediatric homicides to increase awareness of the common scenarios and case histories, demographics of the victims, causes of death, and perpetrators of pediatric homicide.     

Prosecutorial discretion in seeking death: An analysis of racial disparity in the pretrial stages of case processing in a midwestern county

In the 1987 case of McCleskey v. Kemp, the U.S. Supreme Court appeared to foreclose the possibility of challenging racial bias in capital sentencing by using statistically based claims of discrimination. McCleskey, however, does not prevent a challenge to decisions made by particular individuals during the capital punishment process. In this study we examined pretrial decisions made by, or under the direction of, one prosecutor to determine whether those decisions had been influenced by race. We found that homicide cases involving black defendants and white victims fared worse than other racial combinations in all of the pretrial decisions made: They were more likely to result in first-degree murder charges, to be served notice of aggravating circumstances, and to proceed to capital trial.     

Pediatric toxicologic deaths: a 10-year retrospective study

A 10-year retrospective study of pediatric toxicologic deaths was performed at the Medical University of South Carolina (Charleston, SC) from January 1989 to December 1998. During this time, 709 pediatric forensic autopsies were performed on children younger than 18 years of age. Eleven deaths were determined to be secondary to toxic exposures (excluding carbon monoxide poisonings secondary to fires). The remaining deaths were reviewed for the presence of alcohol or illicit drugs. The 11 toxicologic deaths were analyzed for age, sex, race, type of toxic exposure, cause and manner of death, location of incident, witness, and, in the younger age group, the primary caregiver at the time of exposure. The deaths had a bimodal age distribution (6 deaths in victims ages 15 to 17 and 5 deaths in victims ages 4 or younger), involving a wide range of toxins. The teenage group was composed of five males and one female, all white. The preschool group had three females and three males, all black. The manner of death ranged from accidental to suicidal to homicidal. In addition, in eight neonatal and fetal deaths, the victims tested positive for maternal cocaine use, and five of these victims tested positive for cocaine or benzoylecgonine. However, the cause of death was not stated to be cocaine in any of these neonatal and fetal cases.     

HOMICIDE TRENDS IN ATLANTA

In recent years in Atlanta, homicide has been the most common cause of death in males 20–40 years of age. To study homicide trends in this city we analyzed data for 591 resident victims of criminal homicide in two time perid. 1961–1962 and 1971–1972. Large increases occurred in the homicide rates for both black and white residents. In both races, these rate increases could be accounted for almost entirely by homicides involving firearms Homicide rates for black and whites in 1971–1972 were highest in census tracts with low indices of socioeconomic status; this association was found only for homicides in which the victim and assailant were relatives or acquaintances. There was little geographic overlap between areas with high rates of homicide in the home and high numbers of homicides in public. Using population-based rates facilitates comparisons of homicide occurrence between time periods and/or places.     

Capriciousness or Fairness?

Abstract

Previous research on capital sentencing have discovered quantitative proof of discrimination, especially by race of the victim. The present study examines prosecutorial decision making in Kentucky. Using a method of analysis developed by Berk et al., it seeks to determine the level of capriciousness (uncertainty) present in the prosecutorial decision to seek the death penalty. Kentucky prosecutors were most likely to seek the death penalty in cases where black offenders killed white victims.     

Homicides of american law enforcement officers, 1978–1980

This article examines FBI reports of all felonious line-of-duty deaths of law enforcement officers in the United States from 1978 through 1980. Three hypotheses are generated and tested. These concern: the manner in which officers became involved in the incidents that led to their deaths, the race and duty status of officers killed, and the types of incidents precipitating killings.

These tests indicate, first, that the majority of incidents are initiated by officers themselves, rather than by citizens. Second, it is probable that black officers are victimized at a higher rate than white officers, especially while off-duty and by black assailants. Third, the modal type of precipitating incident is “attempting other arrests (general)”, and not, as commonly thought, domestic disputes. Implications of these findings are then discussed.     

Analysis of 1989-1999 homicide crimes in the catchment area of the Bonn Institute of Forensic Medicine with reference to selected aspects

195 cases of homicide, grouped according to juridical assessment, were retrospectively analysed with regard to individual characteristics of perpetrators and victims, circumstances, and mode of commitment. The involvement of underage victims and perpetrators as well as differences between the urban and rural areas studied were taken into special consideration. To summarise, the majority of the offences studied was carried out by a male perpetrator with a mean age of 35 years driven by personal motives or greed in his immediate vicinity and affected family members or close acquaintances. The fatal injuries were mainly attributable to sharp or blunt force. With regard to killings of children, a higher prevalence of female victims and male assailants, emotional motives and an even higher importance of the social vicinity were found. Particularly in victims younger 12 years of age, manual modes of commitment without application of any tools were predominantly encountered. The comparison of urban and rural areas revealed a higher homicide rate in municipal areas especially of offences with a loose relationship between victims and assailants (greed, sexual assault). In contrast, rural areas exhibited higher rates of bodily harm with fatal consequences as well as offences by highly intoxicated assailants.     

Victim's perceptions of initial police responses to robbery and aggravated assault: Does race matter?

Despite the fact that police officers are usually the first persons within the criminal justice system to respond to a criminal victimization, the majority of research investigating racial discrimination within the system has examined primarily the effects of race on adjudication outcomes which occur after initial police interventions, such as conviction decisions and sentences. Very little empirical effort has been devoted to examining the effects of race on early police responses to a reported victimization. Using data from the National Crime Victimization Survey from 1987 to 1992, this paper investigates the effects of both the victim's and the offender's race on three police responses to robbery and aggravated assault: (1) police response time to the scene, (2) effort exerted by the police at the scene, and (3) likelihood of arrest. It was found that police were quicker to respond and also exerted more effort at the scene such as searching and taking evidence to incidents of black on white robbery compared to all other racial dyads. This relationship held even after controlling for other factors such as victim-offender relationship, poverty, injury to the victim, and victim's gender. No significant effects of race, however, were found when predicting the probability of arrest in cases of robbery. The effects of race on police responses to aggravated assault were more complicated. For assaults involving strangers, police were significantly more likely to exert additional effort at the scene if the victim was white and the offender was perceived to be black. This effect was reversed, however, for nonstranger assault victimizations. Police were significantlyless likely to exert effort at the scene or to make an arrest in black on white assaults involving nonstrangers. The most consistent predictors of arrest in both stranger and nonstranger assault victimizations were police response time, injury to the victim, and the incident occurring in a public setting.     

Locard's Principle of Exchange,Dental Examination and Fragments of Skin

The transfer of materials between victim and perpetrator was first reported by Locard in the nineteenth century. While in recent years DNA testing has been very successful in matching biological material from crime scenes to perpetrators, the following cases demonstrate that other more time‐honored methods remain useful. Two cases of lethal assault are reported where the victims had bitten their assailants resulting in fragments of the perpetrators’ skin being wedged between their teeth which were discovered during post mortem oral examinations. As the fragments were able to be matched to injuries in the perpetrators, identification was established prior to confirmatory DNA testing. In case 1 a criminal conviction for manslaughter resulted, and in case 2 the identity of the assailant was confirmed. Examination of a properly exposed and illuminated oral cavity may provide useful evidence in assault cases. These cases represent an unusual dental variant of Locard's principle.     

Fatal accidents and blood ethanol levels in adolescents and adults. The Wayne County experience, 1978-1988

The files of 874 fatal traumatic accident victims, aged 12-25 years, examined at the Wayne County Medical Examiner's Office during the period 1978-1988 were reviewed. Postmortem blood alcohol results of individuals who died after less than 15 min of hospitalization were utilized to approximate alcohol levels at the time of the fatal injury. Relationships between types of accidents, sex, age, race, and time of accident were examined. White victims were far more likely to have been drinking than blacks, and the data indicated that underaged drinkers were involved in fatal accidents at lower levels of blood alcohol than their counterparts of legal drinking age. Consistent racial differences in average alcohol levels were not observed, however. Unlike female and black victims, who much less frequently tested positive for alcohol when underage, white male victims 16-21 years of age were just as likely to have been drinking as those aged 21-25. The results of the study show that postmortem blood alcohol level can be used to identify differences in alcohol consumption among groups of accident victims in a major metropolitan area.     

WOMEN,RACE, AND CRIME *

This paper explores the capacity of alternative theoretical perspectives to explain the self-reported criminality of black and white young adult females. When criminal involvement is regressed on the theory operation-alizations separately by race, a key difference emerges: For white women, significant effects are clustered in the social-psychological theory groups (bonding, attitudes, and maturation), but for the black women the social-psychological variables have only scattered and inconsistent eflects. Instead, for black women structural indicators emerge as the important predictors of criminal involvement.     

Covering Victims in the News: What Makes Minority Homicides Newsworthy?

The current study builds on the homicide and media criminological literature by examining the newsworthiness of 866 homicide incidents that occurred in Newark, NJ between 1997 and 2007. Recognizing that indicators of newsworthiness may vary by homicide victim gender and race/ethnicity, this study comparatively assesses the effects of suspect, victim, and incident variables on homicides against female, black, and Hispanic victims. A news media distortion analysis is employed which matches specific homicides to their respective local print news coverage. Overall, offense seriousness and victim vulnerability increase the odds of homicides receiving news media attention and being displayed prominently. We also find that different homicide characteristics serve as indicators of newsworthiness depending on victim gender and race/ethnicity. We discuss how cultural stereotypes may shape evaluations of newsworthiness and conclude with implications for theory and future research directions.     

Murder-suicides involving children: a 29-year study

Review was undertaken from February 1969 to January 1998 at the State forensic science center (Forensic Science) in Adelaide, South Australia, of all cases of murder-suicide involving children <16 years of age. A total of 13 separate cases were identified involving 30 victims, all of whom were related to the perpetrators. There were 7 male and 6 female perpetrators (age range, 23-41 years; average, 31 years) consisting of 6 mothers, 6 father/husbands, and 1 uncle/son-in-law. The 30 victims consisted of 11 daughters, 11 sons, 1 niece, 1 mother-in-law, and 6 wives of the assailants. The 23 children were aged from 10 months to 15 years (average, 6.0 years). The 6 mothers murdered 9 children and no spouses, with 3 child survivors. The 6 fathers murdered 13 children and 6 wives, with 1 child survivor. This study has demonstrated a higher percentage of female perpetrators than other studies of murder-suicide. The methods of homicide and suicide used were generally less violent among the female perpetrators compared with male perpetrators. Fathers killed not only their children but also their wives, whereas mothers murdered only their children. These results suggest differences between murder-suicides that involve children and adult-only cases, and between cases in which the mother rather than the father is the perpetrator.