Biology, childhood trauma, and murder: rethinking justice

This article reviews recent findings in the developmental neurophysiology of children subjected to psychological trauma. Studies link extreme neglect and abuse with long-term changes in the nervous and endocrine systems. A growing body of research literature indicates that individuals with severe trauma histories are at higher risk of behaving violently than those without such histories. This article links these two research areas by discussing how severe and protracted child abuse and/or neglect can lead to biological changes, putting these individuals at greater risk for committing homicide and other forms of violence than those without child maltreatment histories. The implications of these biological findings for forensic evaluations are discussed. Based on new understanding of the effects of child maltreatment, the authors invite law and mental health professionals to rethink their notions of justice and offender accountability, and they challenge policymakers to allocate funds for research into effective treatment and for service delivery.     

Mock trials: A participatory views of the criminal justice process

“The whole art of teaching is only the art of awakening the natural curiosity of young minds for the purpose of satisfying it afterwards.” (France, 1881) This quote from The Crime of Sylvester Bonnard, the first novel of the Nobel Prize Winner, Anatole France, emphasizes a primary goal of teaching: awakening and satisfying natural curiosity. While most educators might agree with France’s assessment of educational goals, there seems to be less consensus on how this goal can best be achieved. Just as teachers differ so do teaching strategies. Obviously a variety of strategies can and should be utilized to attain the goal of facilitating learning by students. One of the proven instructional methods which can be utilized is simulation. It offers the opportunity for effective instruction at all levels of education from primary grades through professional schools. In criminal justice education, the use of simulation can provide students with an exciting opportunity to experience “real world” situations in the classrooms. It offers a chance for students to satisfy their natural curiosity through role play. This article describes the development and implementation of a mock trial course at Jacksonville State University.     

Historical and contemporary views of social control,race, crime,and justice

This volume is a special issue commemorating Black History Month in the United States. The five papers contained in the volume address a wide variety of issues in the area of race, crime, and justice.     

Internal colonization, folk justice, and murder in Appalachia: The case of Kentucky

For three decades, the southern subculture of violence thesis was the center of debate for homicide researchers. Often, the South was regarded as a homogeneous region regarded as a subculture without attending to within-region variations. This research tested whether there were subregional variations within the state of Kentucky, paying particular attention to the coal-producing counties of Appalachia as an internal colony. Sociodemographic factors, economic distress, Core-Appalachia, and alcohol were used as predictors of homicide in the state. Using path analysis, it is argued that economic distress and Core-Appalachia predict homicide with alcohol acting as a significant intervening factor in the relationship. It is concluded that sociodemographic, subcultural, structural, and lifestyle factors are interrelated and predictive of overall homicide rates in the state. Treating the South as a uniform region is questioned.     

Bargaining for justice: A means to resolve competing justice claims

In many types of social situations, individuals defend their claims to a portion of the rewards by arguing that they are just. Although a great deal of research demonstrates that individuals differ in their distribution preferences and thus their beliefs about what is fair, the literature curiously omits consideration of the consequences of these differences, especially the conflict they may engender. This paper first reviews the few attempts to address such justice conflict. The limitations of these approaches suggest concerns to be addressed in an alternative framework. The paper presents a theoretical discussion of this alternative that integrates assumptions about distribution preferences, justice beliefs, conditions fostering the emergence of justice conflict, and elements of negotiation processes as a basic framework for predictions about the bargaining strategies individuals may employ to resolve competing justice claims.     

... And justice for all

African American, Hispanic American, Asian American, and European American students rated their procedural preferences in response to a hypothetical conflict scenario and then recalled a real dispute in which they had been involved. Subjects of all four ethnicities and of both genders preferred persuasion and negotiation to other options. There were significant, ethnic and gender differences in preferences, as well as differences for the nature of the relationship and the nature of the issue, but these differences were small in comparison to the overall pattern of procedural preferences. Reports of actual procedure use also showed differences in procedure use across genders, ethnicities, and relationship type, but the differences were relatively small. Procedural fairness was the strongest predictor of both procedural preference and affect toward actual procedure use.     

Euthanasia: another face of murder

Debate over euthanasia is not a recent phenomenon. Over the years, public opinion, decisions of courts, and legal and medical approaches to the issue of euthanasia has been conflicting. The connection between murder and euthanasia has been attempted in a few debates. Although it is widely accepted that murder is a crime, a clearly defined stand has not been taken on euthanasia. This article considers euthanasia from the medical, legal, and global perspectives and discusses the crime of murder in relation to euthanasia, taking into consideration the issue of consent in the law of crime. This article concludes that in the midst of this debate on euthanasia and murder, the important thing is that different countries need to find their own solution to the issue of euthanasia rather than trying to import solutions from other countries.     

A case of murder by impalement

We report here the case of a young oligophrenic man killed by a psychopath by impalement, using a sharp stick which was thrusted into the perineal region, thus causing injuries to abdominal and thoracic viscera.     

A pathologist's view of multiple murder

A study of cases of multiple murder suggests that they may be classified in three groups. In one a number of people are killed secretly and their bodies concealed; in the second the deaths are contrived so as to appear to be natural or accidental; in the third no attempt is made to conceal the obvious serial homicides. Each group presents the pathologist with different problems. The author gives examples from his own experience as well as from the literature, and makes suggestions for further research.     

Community justice/restorative justice: Prospects for a new social ecology for community corrections

Community corrections policies and programs have lacked a framework which articulates strategies for engaging community groups and defines roles for citizens in the corrections process. In this paper we critique both traditional approaches to community corrections based on an individual treatment model and the new “get tough” approaches which emphasize punitive sanctions and surveillance. We outline a restorative justice model as an alternative to both of these one‐dimensional, case‐driven approaches. The restorative model targets victims, communities, and offenders for intervention and attempts to engage each of these correctional clients in an effort to repair harm, strengthen communities, and reintegrate offenders following appropriate sanctioning. Obstacles to implementation and threats to cooptation and dilution of a restorative agenda are discussed.     

Just as you like it: How allocators decide in cases of conflict between own and recipients' views of justice

The present study examined how people, who are instructed to make just allocations, decide in situations of conflict when their personal views of what constitutes the appropriate justice standard are partly at variance with the opinions and preferences of the recipients of the allocations. We expected, in line with recent theories, which stress that justice behavior is at least partly motivated by the desire to get one's actions accepted and approved, the allocation decisions to be influenced not only by the allocators' own ideas of what constitutes a just solution but also by the preferences they perceive to exist for the recipients. It was predicted that the likelihood that allocators will abandon their personally preferred justice standards and allocate in accordance to recipients' preferences will increase with increasing numbers of cues suggesting an alternative allocation. Subjects having a strong personal preference for the equality over the equity standard of justice were asked to make just allocations of payments among two workers. Availability vs. lack of explicit information about the recipients' allocation preferences and expectation of future interaction with one of the recipients were used to operationalize differing amounts of pressure exerted on the allocators' decisions. Results showed a considerable readiness on the part of the allocators to abandon their own views of justice, the amount of readiness varying with the amount of pressure that was weighing upon them.     

Psychiatric and neurological characteristics of murder defendants referred for pretrial evaluation

After literature review, this paper presents the largest study to date (n = 270) of psychiatric and neurological characteristics of accused murderers in the United States. This retrospective record review of pretrial detainees undergoing competency to stand trial and criminal responsibility evaluations examined demographic characteristics, psychiatric diagnosis, substance use patterns, Intelligence Quotient (IQ), and results of electroencephalogram (EEG), neuroimaging (MRI or CT) and neurological examination. Substance use and mood/adjustment disorders were common. Neuroimaging was abnormal in 18% of subjects and was associated with lower Performance IQ. EEG and neurological exam findings were not associated with measured cognitive impairment. While 16% of subjects had a FS IQ < 70, only 6% were diagnosed with mental retardation. Subjects with a psychotic disorder (p = 0.001) or an anxiety disorder (p = 0.005) were more likely to use a knife than other subjects in the study. Violence risk assessment in these patients must not only involve inquiry about firearm availability.     

Importance of storing emergency serum samples for uncovering murder with insulin

Using the polymerase chain reaction (PCR), we studied the short tandem repeat (STR) polymorphism observed at the D12S391 locus. In 350 Japanese examined, 14 different alleles ranging from 209 bp to 261 bp were detected. Allele 18 (221 bp) showed the highest frequency at 0.30. Observed and expected values of respective genotypes satisfied the Hardy-Weinberg equilibrium (chi 2 = 24.08, P = 0.24, df = 20). In addition, 18 additional sequence structures (suballeles), were detected in this study. Within the suballeles, sequence variants, in which the initial repeat of (AGAT) was replaced with (AGGT), was found in five samples. It was found that the analysis of single-strand conformation polymorphism (SSCP) before sequence analysis was useful for distinguishing these suballeles.     

Justice as freedom,fairness, compassion,and utilitarianism: How my life experiences shaped my views of justice

This essay lays out my definition of justice and traces the origins of its conception. I identify and discuss very specific life experiences and how they have affected my understanding of justice. Specific incidents include early childhood experiences, key events in adolescence, and the most important episodes from early adulthood. I examine my own family conditions and early relationships and consider the influences of certain television shows and music in childhood and adolescence. I also discuss the effects of various educational experiences. The culmination of these life experiences was the emergence of a very strong sense of justice, reciprocity, and compassion for others, particularly for the least powerful and most vulnerable in our midst. These experiences in essence pushed me into the field of criminal justice and into the worlds of academia and social justice activism. They also allowed me finally to see my mission in life and to understand how all my life experiences have shaped my sense of justice.     

Criminal justice faculty and criminal justice students: A case for the missing data

This article reviews the most current criminal justice education research. It examines the interrelationship between the work of the John Jay College of Criminal Justice, the Academy of Criminal Justice Sciences, the Joint Commission on Criminology and Criminal Justice Education and Standards, and the National Advisory Commission on Higher Education for Police, and describes and compares some of their more important findings. Discussed are types of criminal justice programs; characteristics of criminal justice faculty, particularly in terms of earned academic degrees; agency work experience; commitment to research and teaching; types of criminal justice curricula, as typified by certain educational philosophies; and criminal justice students. Although this article notes several areas with which future research might become fruitfully involved, the area in need of most immediate attention, and the area that current research has all but ignored, is the criminal justice student.