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.     

Brief motivation enhancing intervention to prevent criminal recidivism in substance-abusing offenders under supervision: a randomized trial

The goal of this study was to assess the effect of a brief motivation enhancing intervention (MEI) on criminal recidivism. This was a multi-site, cluster-randomized clinical trial in six addiction probation offices. We randomized 73 probation officers (37 to intervention, 36 to control) and followed 220 substance-abusing repeat offenders that were allocated to them (111 intervention, 109 control). We report three measures of recidivism rate (self-report, police records, and combination of either of the two) and time to re-offending (police records) during a 12-month follow-up period. The proportion of re-offending and time to re-offending was not significantly different between offenders that received supervision plus intervention and those that received supervision-as-usual (SAU, no intervention). Our findings provide no evidence that supervision plus a brief MEI is more effective than SAU.     

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.     

Research on the judicial review and variation of sentence for the death penalty with a suspension of execution in Chinese criminal law

The imposition of a death penalty with a suspension of execution (DPSE) for two years, and the procedure for judicial review of the DPSE both demonstrate the Chinese policies of “reduction in use of the death penalty,” “cautious application of the death penalty,” and “tempering justice with mercy.” In recent years, the number of cases in which the defendant was sentenced to death and immediately executed has declined, whereas the number of cases in which a DPSE sentence was given has increased. In China, judicial theory and practice generally emphasize the importance of the judicial review procedure in cases where the sentence is a death penalty with immediate execution. However, less attention has been paid to the procedures for review and variation of sentence in DPSE cases. Judicial review for DPSE sometimes exists in name only, and is sometimes overlooked altogether, which is inappropriate for a penalty of this severity. There are also serious shortcomings in the laws regulating the review procedure for the DPSE, which lack provisions specifying the consequences for serious violations of due process during trial, nor do they completely reflect the principle of in dubio pro reo. In the procedure for variation of the DPSE sentence, the relevant laws do not adequately uphold the defendant’s right to a defense or participation in the process. There are also difficulties regarding the time limits on ruling on a commutation of sentence. In order to make the procedure more reliable and guarantee the substantive rights of defendants sentenced to the DPSE, the relevant laws require a number of modifications and improvements.     

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.     

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.     

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.     

Googled justice: an examination of the citation of Internet sources in judicial opinions in Uganda

Search engines like Google have made it incredibly easy to access vast amounts of information with little effort. Many lawyers now prefer to go online for their legal research. Lawyers are citing online sources to establish legal and factual positions in their submission briefs to court and, in turn, judges are citing them in their opinions. Judges are also conducting online research to better understand the complexities of disputes before them. This paper examines the challenges arising from the citation of online sources in judicial opinions in Uganda. It argues that while there are significant benefits to relying on Internet sources, there are also challenges like inaccuracy of online information, excessive reliance on non-legal sources and inaccessibility of some online sources. It concludes with recommendations for best practices that can be adopted by the Ugandan courts in dealing with these limitations when citing online authorities.     

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.     

The English common law criminal defence and excuse of necessity: a critical comparison of the customary law and commonplace

A defendant turned off an oil pipeline argued and used the common law defence of necessity. The Court permitted the accused to argue that this action was necessary to decelerate calamitous climate change. The objective is to compare critically the development and use of the defence and excuse of necessity. The question is whether Lord Coleridge had a prejudging objective, in R v. Dudley and Stephens, and if so, what was it likely to have been. Necessity, as an excuse, is a categorical imperative because it is of the same structure as violating a law to save the state.