Judges,juries, and the decision to convict

The bureaucratic context of criminal prosecution emphasizes efficiency; its legal context emphasizes due process and procedural fairness. This paper focuses on the trial stage of prosecution where both concerns are central. It empirically examines the bench trial, an alternative to the more commonly used plea of guilty and the more traditional trial by jury. A comparison between trial by judge and trial by jury reveals striking differences in determinations of guilt. These differences have implications for commonly held assumptions about both jury and judicial behavior.     

Death penalty attitudes and the tendency to convict or acquit

Three studies examined whether attitudes toward the death penalty were related to conviction or acquittal proneness. They were not, even in a case where it was clear that the prosecution was asking for death. Two questions asked whether attitudes toward the death penalty were related to changes in the threshold of guilt or in the amount of evidence required to find guilt when death as compared to life imprisonment was the potential sentence. They were so related, but answers to such questions were unrelated to verdicts in a death case. In one study, strong opponents of the death penalty were no different from others in attitudes toward attorneys and witnesses, in recollection of the facts of a trial, or in their subjective impressions about the trial. The basis of any attitude-behavior relation in this area is questioned.     

The life-course demography of convict transportation to Van Diemen’s Land

ABSTRACT

This paper reports on a sample of 16,953 male and 7,783 female convicts transported to Van Diemen’s Land between 1818 and 1853 whose life courses have been reconstructed as much as possible from cradle to grave to explore the effects of critical life stages and the impact of a shared exposure to a stress regime of penal servitude, forced labour and exile. It uses survival and family formation of a lineage as the key measures of life outcomes. It finds that male convicts, while not producing many descendants because of sex imbalances, did well biologically out of being transported, while female convicts, entering servitude under a greater burden of previous abuse and deprivation, continued to suffer a severe gender penalty in survival and significant secondary infertility after sentence. Early life effects from the social environment, or crime economy, into which men were born remained remarkably persistent, while the previous history of prostitution and/or alcohol abuse dramatically shortened the lives of women. These were the embodied effects, over generations, of structural violence against women in the most deprived and dangerous neighbourhoods of from the late-eighteenth century through to the 1840s in Great Britain and Ireland, and transported with them to the Australian colonies.     

Effects of jurors' identification with the victim depend on likelihood of victimization

Courtroom lore suggests that jurors identifying with rape victims will show antidefendant biases, but empirical findings do not unequivocally support this supposition. On theoretical bases, it was predicted that identification with the victim's gender would bias judgment against the defendant when the circumstances of the crime are likely to be encountered in the daily life of the juror or a related potential victim. Parents of female-only (PFs) or of male-only children (PMs) judged defendants in an alleged rape, occurring either in a library, where the victim had engaged in normal routine, or in a street, under unusual and risky conditions. PEs were more conviction-prone and punitive than PMs only for the library case. Findings support theories of defensive attribution (Shaver, 1970) and of attribution of actors and observers (Jones & Nisbett, 1972) but are inconsistent with a variant of defensive attribution (Walster, 1966) based on denial of chance occurrence of threatened harm. The systematic exclusion of jurors with certain characteristics from particular cases based on suppositional criteria is questioned, rigor of juror assessment notwithstanding. It is suggested that research concentrate on discovering the conditions under which biases are, or are not manifested, and on developing means of reducing bias effects in impaneled jurors.     

The validity of death certificates: routine validation of death certification and its effects on mortality statistics

The 3478 death certificates (7.1% of all annual death certificates) of this study comprise those national death certificates in 1995 submitted for validation to the panel representing both medical and nosological expertise. As such, it is highly selected and represents, from the nosological point of view, the most inconsistently filled-in portion of Finnish death certificates. The routine validation procedure is essentially based on exploitation of the extra medical information, i.e. the case history, on the Finnish death certificate form. Altogether, 2813 (80.9%) out of 3478 certificates could be adjusted at the primary panel session; the rest required further clarification. The re-assignment of cause of death by the panel and the impact of panel adjustments on the national mortality statistics is assessed here by comparing the initial death certification and the finally registered underlying cause of death grouped into ICD-9 major categories with special reference to the subcategories of neoplasm, cardiovascular disease (HVD) and unnatural death. A statistically significant decline (p<0.0001) in deaths, both in the category of symptoms, signs and ill-defined conditions and in the pulmonary circulation disease subcategory of HVD with 37.6 and 35.1%, respectively, was observed. The decrease of 11.1% in the benign or NUD neoplasm subcategory and the increase of 8.6 and 7.0% in the categories of endocrine disease, and musculo-skeletal and connective tissue disease, respectively, are essential observations as to the quality of the cause of death register. The effect on the HVD major category was practically nil. At the HVD-subcategorial level, a decrease of 14.0% for diseases of the veins and lymphatics and other circulatory diseases and an increase of 3.5% for hypertensive diseases (HYP) were the two next most obvious alterations to the diseases of the pulmonary circulation, but were without statistical significance. For ischaemic heart disease and other subcategories, the effects were minor. The unnatural deaths as a whole increased in the final statistics with only 0.9%. In the study data, categorial changes ranged from the decrease of 75.2% for symptoms, signs and ill-defined conditions to the increase of 77.3% for endocrine diseases. In conclusion, the Finnish death certificate form, death certification practices and cause of death validation procedure seem to serve the coding of causes of death for mortality statistics appropriately. The results of the study form a relevant reference background to evaluation of epidemiological studies on mortality.     

An analysis of the relationship between jurors' personal attributes and decision making

Using a survey from a jury simulation study, this study examines the relationship between jurors' personal and social attributes and their decision-making behavior. The hypothesis is examined whether personal attributes and socialization of jurors have any significant effect on their decision-making behavior. The analysis suggests that personal and/or social attributes of jurors have little, if any, impact on their decision-making behavior. Instead, jury instruction and information about the matter appear to be major influence contributors. Additionally, evidence presented during the trial and knowledge of law have significant effects upon how jurors decide cases and give verdicts. Author's Note: Suman Kakar, Ph.D., is associate professor at Florida International University, College of Health and Urban Affairs. She conducts research in the areas of juvenile delinquency, child abuse, family dynamics, minorities, and the prevention of violence. She has published two books,Child Abuse and Delinquency (1996) andCriminal Justice Approaches to Domestic Violence (1998).     

The death penalty and the right to life

On the first anniversary of the killing of Osama Bin Laden, some reflection on the phenomenon of state-sponsored execution in an enlightened, civilised world seems appropriate. While this subject has an obvious international character, it also possesses some intriguing Irish and Northern Irish dimensions. In a wide ranging treatise, I examine how the rule of law has dealt with the death penalty at both the national and international levels, highlighting in particular the important influence of national constitutional laws in this sphere. I examine also the influence of the universally acknowledged right to life and the requirement of due process.     

建立刑事辩护律师专业资格制度的法律思考

为了提高刑事辩护水平,推进司法公正进程,适应现代社会专业化发展的需要,我国应当建立刑事辩护律师专业资格制度.其具体设计包括:专业考试、严格实习、提高待遇、改善环境等内容.     

Severity of penalty,seriousness of the charge,and mock jurors' verdicts

It has been suggested that jurors in criminal trials are less likely to convict when the penalty is more severe or the charge is more serious. This was explained by Kerr (1975) in terms of a perceived increase in the cost of a Type I error (convicting an innocent person) that resulted in a criterion shift in the amount of evidence jurors required to vote guilty. The previous research found only weak support for the prediction regarding severity but consistent support for the predicted effect of seriousness. However, in the case materials used in these studies, more evidence was legally required to prove guilt on the more serious charges. This article presents studies in which the amount of evidence needed to prove guilt was equated for all charges. Under these circumstances, there was no effect on verdicts of seriousness of charge or severity of penalty and no evidence of a criterion shift due to either variable. There may still be reason to believe that these factors affect real juries, but this belief is not supported by the systematic evidence from mock jury studies.     

The effects of the (fentanyl-fueled) drug overdose epidemic on medicolegal death investigation in the United States

The evolving opioid epidemic in the United States, fueled by illicit fentanyl, has greatly increased deaths from illicit drug use. These nonnatural deaths require formal death investigation. The National Association of Medical Examiners states in its Forensic Autopsy Performance Standards that autopsy remains a necessary component for proper investigation of suspected acute overdose deaths. If a death investigation office lacks adequate resources to investigate all deaths under its jurisdiction while meeting expected standards, then that office may be forced to consider altering its protocols for investigation by changing the types of deaths investigated or the extent of its investigations. Drug death investigations take longer to complete because novel illicit drugs and mixtures of drugs complicate toxicological analyses, prolonging a family's wait for completion of a death certificate and autopsy report. Public health agencies must also wait for results, but some agencies have developed mechanisms for rapid notification of preliminary results to allow timely deployment of public health resources. The increased deaths have strained the resources of medicolegal death investigation systems throughout the United States. Given the significant workforce shortage of forensic pathologists, newly trained forensic pathologists are too few to meet the demand. Nevertheless, forensic pathologists (and all pathologists) must make time to present their work and themselves to medical students and pathology trainees to encourage an understanding of the importance of quality medicolegal death investigation and autopsy pathology and to provide a model that can encourage interest in a career in forensic pathology.     

Genetically-induced variability of alcohol metabolism and its effect on drinking behavior and predisposition to alcoholism

Alcoholism is one of the most challenging current health problems in the Western countries with far-reaching medical, social, and economic consequences. There are a series of factors that interact in predisposing or protecting an individual against alcoholism and alcohol-related disorders. This article surveys the state of our knowledge concerning the biochemical and genetic variations in alcohol metabolism and their implications in alcohol sensitivity, alcohol drinking habits, and alcoholism in different racial/ethnic groups. The major pathway for the degradation of ethanol is its oxidation to hydrogen and acetaldehyde--to which many of the toxic effects of ethanol can be attributed. Variations in alcohol and acetaldehyde metabolism via genetically determined polymorphisms in alcohol dehydrogenase (ADH) and aldehyde dehydrogenase (ALDH) seem to play an important role in individual and racial differences in acute and chronic reactions to alcohol, alcohol drinking habits, as well as vulnerability to organ damage after chronic alcohol abuse. Alcohol sensitivity and associated discomfort symptoms accompanying alcohol ingestion may be determinental for the significantly low incidence of alcoholism among the Japanese, Chinese and other Orientals of Mongoloid origin. An abnormal ALDH isozyme has been found to be widely prevalent among individuals of the Mongoloid race and is mainly responsible for the acute sensitivity to alcohol commonly observed in this race. Persons sensitive to alcohol by virtue of their genetically controlled ALDH isozyme deficiency may be discouraged from drinking large amounts of alcohol in their daily life due to the initial adverse reaction experienced after drinking alcohol. Indeed, a significantly low incidence of the mitochondrial ALDH isozyme deficiency has been observed in alcoholics as compared to psychiatric patients, drug dependents and healthy controls in Japan. How far any variation in ADH and/or ALDH activity among individuals of Caucasian origin will have similar effects has yet to be studied.     

Biochemical measurements of glucose metabolism in relation to cause of death and postmortem effects

This study was performed to examine the relationship between postmortem biochemical values and cause of death. The follow samples were taken from 399 corpses: cerebrospinal fluid (CSF; n = 376, suboccipital), blood (n = 158, femoral vein), and urine (n = 101, at autopsy). (See Table 1 for causes of death) All samples were stored at -80 degrees C. A further 100 samples of blood were later taken and stored at +4 degrees C before testing. Biochemical determinations made were: glucose in CSF, blood, and urine (hexokinase method); lactate (LDH/GPT) and free acetone (HS-gas chromatography) in CSF; hemoglobin A1 in blood (microcolumn technique). In 34 cases fatal diabetic coma was considered verified by morphological and chemical findings. One hundred cases of sudden cardiac death were chosen as the main control group. In 32 of the 34 cases defined above, the value of the formula of Traub (glucose + lactate in CSF) exceeded 415 mg/dl. It is not influenced significantly by hyperglycemia or hyperlactatemia due to factors other than diabetes (i.e., carbon monoxide, asphyxia). After death the value rose till the 30th hpm, then remained stable for at least 1 week. Fatal coma was defined as the ketoacidotic form if free acetone in CSF ranged above 21 mg/l. In these cases, CSF glucose and free acetone correlated positively. Hemoglobin A1 remained stable after death. Its amount was independent from postmortem blood glucose, postmortem interval and total hemoglobin. Furthermore, the manner of storage (-80 degrees or +4 degrees C) had no significant influence on its values. In 29 of 34 cases of fatal coma, Hb A1 exceeded 12.1%. Analysis of urine glucose showed elevated levels (over 500 mg/dl) in diabetic comas. On conclusion, fatal diabetic coma seems indicated as the cause of death if measured values of postmortem biochemistry exceed the following limits: CSF-Traub 415 mg/dl, free acetone (CSF) 21 mg/l; Hb A1 12.1%; urine glucose 500 mg/dl. Most important are the Traub formula and hemoglobin A1. Usually, in fatal coma both values are elevated. If both of them are normal, diabetic coma can nearly be excluded. Combined evaluation of all values is absolutely necessary. Morphology must also always be taken into account. Consequently, a diagnosis of fatal coma can be obtained by a process of elimination.     

The effects of different paraphrasing styles on the quality of reports from young child witnesses

The link between criminal attitudes and behavior is well established throughout the literature. We know, for example, that offenders have higher levels of criminal attitudes than non-offenders. However, it is also likely that individual differences in criminal attitudes exist among offenders. The aim of the study is to explore the unique contribution of (1) individual, (2) criminal career, and (3) social characteristics to individual differences in criminal attitudes. Data were used from the Prison Project, a large-scale study among prisoners in all Dutch remand centers (N = 1612). Hierarchical linear regression models were used to identify factors associated with two types of inmates' attitudes. Among the most salient relationships with criminal attitudes were having more agreeable personality traits, having a criminogenic social network, and having experienced more prior incarcerations. Criminal history and social characteristics had the most salient links with criminal attitudes. The results seem to support the idea that criminal behavior is learned in interaction with criminal others, which is in line with the ideas of differential association and reinforcement. The current study might serve as a starting point for individually oriented prison intervention strategies and rehabilitation efforts based on specific offender characteristics.     

不同固定液对冷冻组织病理切片HE染色质量比较

目的探讨选择不同固定液处理冷冻病理组织HE切片质量的效果。方法选择我中心冷冻后尸体法医病理解剖100例,冷冻温度为-22±3℃,针对心、肝、脑以及肺选择6种不同固定液处理组织块并制作HE切片,对切片质量进行对比分析。结果不同固定液针对不同冷冻脏器处理效果有显著差异,各组HE切片观察结果显示:甲醇固定液处理脑组织处理更优,EAF固定液处理心肌组织更优,10%中性甲醛处理肝脏组织更优,丙酮固定液处理肺组织更优。结论不同脏器因其组织结构及细胞所含成分不同,选择相应固定液能有效改善或缓解因冷冻后对组织及细胞带来的不良效应。     

The social functions of correctional policy: A case study of the Alabama convict lease system 1845–1928

Private sector involvement in corrections is a controversial contemporary practice. This paper examines, from a historical perspective, one state’s experiment with leasing state sentenced convicts to private contractors for use on a variety of for profit labor projects. The convict lease system in Alabama was noteworthy for two reasons: first, Alabama relied on the lease system of convict labor longer than any other state, and second, the state operated one of the most profitable lease systems in the United States. Convicts in Alabama were used in agriculture, road and railway construction, manufacturing, in quarries and in the coal mines. It was in the coal mines that the lease system brought the greatest profit and controversy. Leases with the coal companies for convict labor became a major source of revenue for the state treasury while at the same time, prison reformers criticized the practice for its cruel and inhumane treatment of inmates (the death rate at some of the mining camps exceeded 40% of the inmates under custody per year). In addition, this paper examines some of the social consequences associated with the correctional policy of convict leasing.