Preventive detention and execution

In a series of cases decided over the past decade, the U.S. Supreme Court has consistently held that laws providing for both preventive detention and preventive execution do not violate Constitutional guarantees. Preventive detention and preventive execution share a common method and goal: Determine which individuals pose a threat to society and then remove those persons from society (i.e., incarcerate them) or-if they have also been convicted of first degree murder-execute them. In each of these cases, the Court has been presented with behavioral science data indicating that most predictions of dangerousness-anywhere from 51% to 95%-prove to be wrong. This article describes the relevant data and the Court's response to those data, then considers why the Court has responded as it has, what the Court's response may mean with regard to the future role of behavioral science data in Constitutional litigation regarding the rights of those accused or convicted of crimes, and what, if anything, behavioral scientists might do to enhance the utility and influence of empirical data in such litigation.     

Elevator-Related Deaths

Elevators are mechanical transportation devices used to move vertically between different levels of a building. When first developed, elevators lacked the safety features. When safety mechanisms were developed, elevators became a common feature of multistory buildings. Despite their well-regarded safety record, elevators are not without the potential for danger of injury or death. Persons at-risk for elevator-related death include maintenance and construction workers, other employees, and those who are prone to risky behavior. Deaths may be related to asphyxia, blunt force, avulsion injuries, and various forms of environmental trauma. In this review, we report on 48 elevator-related deaths that occurred in nine different medicolegal death investigation jurisdictions within the United States over an approximately 30-year period. The data represents a cross-section of the different types of elevator-related deaths that may be encountered. The review also presents an overview of preventive strategies for the purpose of avoiding future elevator-related fatalities.     

Preadjudicatory detention in a large metropolitan juvenile court

While the use, and possible abuse, of detention by the juvenile court has been the subject of heated controversy in recent years, this issue has received very little systematic empirical attention. A few studies of detention have been conducted, but they have produced mixed findings, which may be a result of the different locations and time periods considered, and the different methodologies employed. To shed additional light on this important question, we examine in this investigation the effect of a variety of legal, extralegal, and other case characteristics on the preadjudicatory detention practices of a large metropolitan juvenile court. Over 60,000 cases disposed of by the court during a seven-year period (1969–1975) were considered in a detailed multivariate analysis of detention outcomes (detained/not detained). The analysis produced no evidence that the court operates on a double standard—discriminates—along sexual, racial, or socioeconomic lines in the use of detention. Both additive and interaction statistical models considering the extralegal variables showed a youth's sex, race, and social class to be largely independent of detention decisions. In contrast, a legal factor—a youth's previous court experience—was found to be an important predictor of detention. This factor better accounts for detention outcomes than any, or all, of the other legal, extralegal, and other case history variables considered in the analysis.     

Bail decision making and pretrial detention

Bail practices became the target of reform efforts during the 1960's and 1970's not only because of issues concerning economic bias against indigent defendants but also because of criticism of the bail decision itself. Questions were raised about the appropriate uses of bail (e.g., to prevent flight or pretrial crime, or to inflict pretrial punishment), the rationality of the criteria relied on by judges in deciding bail, and the discretionary allocation of pretrial detention through high cash bail. In this article, case law and statutes governing bail practices in the United States are reviewed first to characterize the ambiguous legal framework from within which bail judges must operate. Then bail decisions in a large urban jurisdiction are analyzed as a case study to discover the factors most influential in determining pretrial release options. It is inferred that, even after years of reform, community-ties measures do not play a major role in the bail decision or the determination of pretrial custody; rather, the nature of the charged offense appears most influential. A finding of special significance is that a large proportion of these decisions could not be explained systematically (i.e., a large share of variance remained unexplained). The article concludes by suggesting a guidelines approach to bail that could narrow disparity in bail options and the use of detention, enhance the rationality of the decision process and contribute to more equitable pretrial practices.Revised version of a paper presented at the annual meeting of the American Psychological Association, Toronto, August, 1978. This research was supported, in part, by a grant from the Statistics Division of the Law Enforcement Assistance Administration to the Criminal Justice Research Center. Points of view or opinions stated are those of the authors and do not necessarily represent the official position of policies of the U.S. Department of Justice.     

Deaths among homeless people in Istanbul

The number of the homeless people in Istanbul, one of the largest cities in the world, is at present unknown. There has been no previous study in Turkey on cases and causes of death occurring among these individuals. In this paper, documents and autopsy reports of the Mortuary Section of the Council of Forensic Medicine, Istanbul, covering the period January 1st, 1991-December 31st, 1995, were reviewed. We established that there were 126 cases of death among homeless individuals in Istanbul during this period, 120 of them being males (95%), four (3%) females, and two (2%) transsexuals. Ninety-four corpses were found outdoors, 32 indoors. No personal documents, such as identity cards, were found in 110 individuals (87%), whereas only 16 individuals could be identified. Most deaths occurred in the age group of 41-50 years. One hundred and three of the cases (82%) died in the cold season between October and April. The deaths of 98 cases were attributable to natural causes, whereas the remaining 28 cases died from unnatural causes. Respiratory tract diseases occupied the first rank among cases of death from natural causes (44%). Alcohol abuse and other infections were further striking factors contributing to the fatal outcome. This is the first retrospective study on this topic in Turkey. However, more detailed and anterospectively programmed studies on this subject, a growing social problem, should be carried out.     

Deaths during recreational activity

This study of recreational deaths in the "land of sun and fun" has pointed out several useful factors. Firstly, accidental deaths are more common than naturals. Secondly, the most common accidental death is drowning while swimming. The latter is not usually at public facilities, but rather at unsupervised uninstitutionalized surroundings. Finally, a younger population is involved with a frequent number of them with alcohol detected and/or drugs.     

Deaths following wasp stings

Two cases of death have been reported following a wasp sting. In both cases an anaphylactic reaction after sensitization can be assumed (positive RAST result). In one case an expert witness report was required because of questions concerning insurance law (accident at work?) in addition to the cause of death. The stinger of the wasp was examined from the zoological aspect and is compared with that of the honeybee and hornet.     

The role of prior punishment in preventive detention decisions

ABSTRACT

Preventive detention legislation allows for ongoing detention or supervision following completion of an offender’s sentence. Consideration of public protection should drive the administration of preventive detention, however research has indicated retributive concerns also drive decision making. Two studies were conducted to examine the motives driving preventive detention decisions, and how contextual variables affected the balance between retributive and public protection motives. In Study 1, participants were presented with information about an offender’s remorse, prior punishment, and risk of re-offence. In Study 2, participants were presented with information about an offender’s prior punishment and offence type, and the relative strength of various potential mediators was tested, to determine factors driving effects of prior punishment information. Overall, results demonstrated participants were driven by both retributive and public protection motives, as well as personal characteristics (e.g. political orientation, prejudice against offenders) when making preventive detention decisions. Findings are discussed in terms of their implications for preventive detention legislation.     

Juvenile detention: The hidden closets revisited

This is the first national study of juvenile detention in more than a decade. The findings indicate that these facilities are undergoing a fundamental and substantial change. The consensus of professional opinion as well as recommendations from national standard-setting bodies indicate that juvenile detention centers should be reserved for those youth who present a clear and substantial threat to the community and who need to be confined until they appear in court. Now these facilities are assuming an added function by serving as short-term commitment options for juvenile court judges. In addition, the study found that the excessive use of detention continues to be a major problem.     

Deaths in Unlicensed Alcohol Rehabilitation Facilities,

Non‐English‐speaking people do not always seek medical care through established institutions. This paper reports a series of deaths in unlicensed alcohol rehabilitation facilities serving Spanish‐speaking men. These facilities are informal groups of alcohol abusing men who live together. New members receive various treatments, including administration of ethanol or isopropanol, restraint, and seclusion. We reviewed 42 deaths in unlicensed alcohol rehabilitation facilities in Los Angeles County during the years 2003–2014. Data gathered included age, length of time spent in the facility, blood alcohol and drugs at autopsy, and cause and manner of death. Causes of death included acute alcohol poisoning, alcohol withdrawal, and a variety of other causes. Three cases were considered homicides from restraint asphyxia. The Department of Medical Examiner‐Coroner has worked with the police, district attorney, and State Department of Health Services to try to prevent additional deaths in unlicensed alcohol rehabilitation facilities. Nevertheless, prevention has been difficult.     

Retrospective Analysis of Hanging Deaths in Ontario

Hanging deaths from investigation standpoint are rarely problematic. Unusual circumstances can on occasion raise suspicion of foul play. Associated neck injuries are reported in the literature with variable frequency (from 0% to 76.8%). This study retrospectively analyzed 755 hanging deaths in Ontario (Canada) to evaluate the demographic features and circumstances of hanging fatalities, and the frequency of hanging‐related neck injuries. A number of cases showed unusual/special circumstances (e.g., complex, double suicides, restraints). Among 632 cases with complete autopsies, hyoid and larynx fractures were present in 46 cases (7.3%) with the most common being isolated hyoid fractures. The incidence of cricoid fractures was 0.5% and cervical spine injuries, 1.1%. A higher incidence of neck injuries occurred among males, long drop hangings, and in cases with complete suspension. There was a tendency for the number of fractures to increase with increasing age and weight of the deceased.     

The treatment ideal and detention reality: Demographic,professional/ occupational and organizational influences on detention worker punitiveness

For some time, corrections researchers have focused on the punitive and rehabilitative orientations of correctional officers. Relatively little research attention, however, has been devoted to understanding the support for these orientations among correctional workers responsible for the care and custody of juvenile delinquents. Based on survey data drawn from a sample of detention care workers (DCWs) in two facilities in a Southeastern state (N=109), this paper examines the extent to which, and why, DCWs adopt a punitive orientation to youth in detention despite policies and training that discourage this view. Findings, that contrast the relative impact of demographic, occupational/professional and organizational environment variables in accounting for variation in punishment/control orientation among DCWs, suggest that demographic indicators (i.e., age, gender) and organizational environment contribute disproportionately to explained variance in punitive orientation once other variables are controlled. Implications for detention policy, staff recruitment and training are discussed.     

The phenomenology and course of depressive syndromes in pre-trial detention

This study focuses on the prevalence, the phenomenology and the course of depressive syndromes in pre-trial confinement. In the course of the first examination, socio-biographic data and information pertaining to subjects' psychiatric and forensic record and their current situation in imprisonment were collected from a random sample of 105 male prisoners in a Berlin pre-trial detention center, with the help of a semi-structured interview. The Beck Depression Inventory (BDI-II) and the Hamilton Depression Rating Scale (HAMD), each a self-rating questionnaire, taken together with a clinician rating were successively performed to assess the level of depression. A further examination was conducted approximately three weeks later. The subjects in the follow-up group (n=67) were questioned in a semi-structured follow-up interview regarding their confinement conditions and were requested again to fill in the BDI-II and HAMD questionnaires. The statistical analysis compares the results from administration of the two instruments at two points in time. Individual's symptoms of depression as well as potentially aggravating or protective factors relating to the development of depressive symptoms are taken note of separately. The results of the study reveal the prevalence of mild depressive syndromes in a pre-trial prison population and a tendency to improve within the period of pre-trial confinement.     

Deaths in police custody in England and Wales

Worldwide deaths in police custody are causing public disquiet. An account is given of all the deaths occurring in police custody in England and Wales over a ten-year period from 1970 – 1979 with details of the causes of death and inquest verdicts.