Medical diagnosis of legal culpability: the impact of early psychiatric testimony in the 19th century English criminal trial

Fast-paced developments in psychiatry, neuroscience and emerging neuroimaging technologies place continual pressure on the legal recognition of mental illness and disease across jurisdictional boundaries. Nevertheless, the Canadian legal definition of exculpatory mental disease in the context of criminal liability has remained largely static, sheltered from the immediate influence of medical theory and advancements. In order to effectively reflect on the intersection of mental health and criminal justice systems in this area, it is important to understand its historical development and the English common law origins of the current approach. Specifically turning to the early 19th century, documented history and accounts of early medical witness testimony on the mental state of the accused provide a unique opportunity to understand the initial collision between fundamental concepts of moral and legal culpability and new scientific understandings of mental function and disease. In this article, I suggest that early psychiatric testimony to the accused's mental state challenged the evolving criminal law of 19th century England to reconcile its restrictive definition of "insanity" with expanding scientific reasoning and accounts of mental disease. The trial of Edward Oxford, an attempted royal assassination case of 1840, is examined as a symbolic height in this conflict prior to the first common law pronouncement of the current approach in 1843. As debate continues on the role of medical advancement in the identification of exculpatory medical disorders in law, this historical perspective may serve as a touchstone in balancing the enforcement of legal culpability with our society's greater appreciation for mental illness.     

Craniocervical injuries in judicial hangings: an anthropologic analysis of six cases

Restoration projects and archaeologic excavations in two Canadian prisons resulted in the recovery of the skeletons of six felons executed by judicial hanging. Damage inflicted by hanging on various skeletal elements was observed. Among the injuries seen were fractures of the hyoid cornua, styloid processes, occipital bones, and cervical vertebral bodies (C2) and transverse processes (C1, C2, C3, and C5). Despite the general uniformity of the hanging technique, which involved a subaural knot, the trauma to the skeletal elements and the cause of death varied among individuals. Although some of this variation was probably due to minor differences in hanging practices, individual anatomic peculiarities of the victims likely also contributed.     

How damages recovery actions can improve the fight against corruption: the crisis of criminal law policies and the role of private enforcement in an Italian case of judicial corruption

In many countries corruption is rife, despite the fact that there is a criminal-law legislative framework for corruption. Italy is one of these countries. The commitment of judges and prosecutors to combating instances of corruption is often frustrated by the consequences of the excessive length of the proceedings. The fight against corruption has been carried out mainly in the field of criminal law. The criminalisation of corruption both in domestic and in international contexts is not enough to reduce corrupt practices. In the last decade another front in the fight against corruption has been explored: the private law approach as a complement to criminal law policies. Indeed, the same corrupt practise may be subject both to criminal proceedings by public authority and to civil proceedings by the victims of corruption. The argument that private law instruments may be used in order to achieve a public policy goal is not new and goes beyond the definition of "private enforcement" in the context of competition law. The idea of creating a favourable social and legal background to encourage the victims of anti-competitive practices can also be transposed to the fight against corruption. In fact, in many cases of corruption the low percentage of successful criminal persecution and the class of punishment associated with corruption offences do not represent a deterrent, considering the benefits deriving from bribe. This paper aims to address the question as to whether private law remedies under national legal systems could constitute an effective disincentive against corrupt practices, alongside criminal prosecutions. The case CIR vs. Fininvest, Lodo Mondadori is one of the first cases involving damages actions resulting from corrupt practices, and addresses two of the main obstacles to civil actions in this field: evidence and the quantification of damages.     

Media coverage and public opinion of the O. J. Simpson trial: Implications for the criminal justice system

This article considers some of the beneficial and detrimental influences of media coverage of celebrity criminal trials based on a survey administered during the criminal trial of O.J. Simpson. Analysis indicates those who exhibited a stronger psychological involvement with Simpson developed through repeated media exposure were more likely to believe his innocence. African American respondents also were more likely to believe in Simpson's innocence than were others. Gender had no effect on beliefs of Simpson's guilt or innocence. Those with a strong belief in the fairness of the United States justice system more strongly supported unrestricted media coverage of the trial. Anglo Americans more than African Americans believed Simpson's lawyers used the media effectively for their advantage. Learning about the justice system by following the case resulted in increased interpersonal discussions about the legal system.     

The correspondence of family features with problem,aggressive, criminal,and violent behavior: a meta-analysis

Family features and characteristics are often identified as central to the development of antisocial behavior and are thus attractive targets for risk-focused preventive intervention. Using meta-analytic techniques, we examined the covariation between 21 family constructs with the current or later display of problem, aggressive, criminal, or violent behaviors. The 80 mean relationships, based on 3,124 correlations from 233 reports of 119 longitudinal studies, discussed in this paper are generally moderate, with a grand mean across outcomes of [`(r<sub>x,y</sub>)] = .15 \overline {{r_{x,y}}} = .15 . Family constructs were most predictive of problem behaviors, [`(r_x,y)] = .21 \overline {{r_{x,y}}} = .21 . Predictors measured earlier in life were significantly stronger in 12 relationships and significantly weaker in 18 relationships. These findings are discussed with reference to Rutter’s (American Journal of Orthopsychiatry 57:316–331, 1987) conceptualization of protective mechanisms which suggests that if family factors warrant the attention they have engendered, then it is through their interaction with other developmental and situational factors.     

The abrogation of subjectivity in the psychiatric courtroom: Toward a psychoanalytic semiotic analysis

Conclusion We examined, on a cursory and suggestive level, the role of desire in the psychiatric courtroom. Employing selected conceptualizations from Lacan's semiosis, we demonstrated how this desire is essentially quashed and silenced by the clinicolegal community. Put another way, given the opinion inBoggs, we see how the essential being and way of knowing for diverse mentally ill citizens, are repressed by the psycholegal establishment. Indeed, followingBoggs, the only knowledge claims embraced by the court were those articulations uttered by experts, and others similarly situated, who spoke the jargon of psychiatric justice. Not only does this decision making deny and invalidate the disparate voices of psychiatric consumers, it limits prospects for developing new and alternative sign meanings in law that more fully represent the experiences of the differently abled and other disenfranchised groups. Thus, regrettably,Boggs symbolizes not only the loss of agency for disordered subjects in the clinicolegal system but, more generally, the law's failure to promote emancipatory justice.     

Searching for the source of technical inefficiency in Italian judicial districts: an empirical investigation

In this paper, we conducted a two-stage analysis of technical efficiency in Italian judicial districts by focusing on civil cases in 2006. Unlike most of the works that apply the Data Envelopment Analysis technique to study the justice sector, in the first stage, we employed the smoothed bootstrap procedure to generate unbiased technical efficiency estimates. In the second stage, we used a semi-parametric technique (Simar and Wilson in J Econom 136(1): 31–64, 2007) that produces a robust inference for an unknown serial correlation between efficiency scores. Our results show that technical efficiency is explained by demand factors and supports the conclusion that opportunistic behaviour from both claimants and lawyers negatively affects technical efficiency in Italian judicial districts.     

Predicting violent behavior in stalkers: a preliminary investigation of Canadian cases in criminal harassment.

This study examined the factors associated with violent/aggressive behavior in stalkers using a sample of 100 Canadian cases of persons charged with criminal harassment (more commonly known as stalking). Results revealed that the typical profile of a "simple obsessional" type of stalker was a middle-aged male, single or separated/estranged, with a history of emotional and/or anger management problems. The most common initial strategies used by the victims to cope with the stalkers were oriented towards legal resources. Initial legal remedies, including court orders or police warnings, seemed to be ineffective as a strategy to stop stalking given that most stalkers chose to ignore them. The study also provided partial support for a preliminary model of predictors of violent/aggressive behavior in stalkers. Stalkers with previous violent behaviors, strong negative emotions. and obsessional tendencies toward the victim may be most at risk of future violent and aggressive acts.     

Metaphor and Metonymy: An Analysis of R.A.V. v. city of St. Paul Minnesota

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

公正审判权入宪是实现司法公正的必然选择

目前 ,宪法修改的呼声越来越高 ,对此次修宪 ,人们议论最多的是如何进一步完善我国公民的基本权利体系 ,这既是宪法的一个根本问题 ,又是与国际人权公约接轨的需要 ,也是世界各国立宪经验的总结。就我国而言 ,由于现行宪法规定的公民基本权利不充分 ,因而应当入宪的公民基本权利较多 ,其中 ,当务之急 ,应将公民的生命权、财产权、知情权、公职权、迁徙自由权、公平审判权和生活环境权写入宪法。为此 ,本文对上述诸多权利进行了分析探讨。