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.     

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.     

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.     

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.     

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.     

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.     

关于恐怖主义犯罪心理和行为特点的初步研究

恐怖主义犯罪作为由某些组织或国家在恐怖主义理念支配下,通过暴力或其他危险方法造成社会恐怖,以实现其政治、宗教或其他意识形态目的的犯罪行为,是一种新的犯罪样态。这种犯罪往往具有较为独特的认知、情感特点和意志品质,也具有较为独特的行为特点。为更好的打击、预防这种犯罪。应加强其心理和行为特点的研究。     

Deaths related to chemical burns

The authors present a series of 6 deaths due to the uncommon cause of chemical burns. Of the 6 deaths due to chemical burns, 4 deaths were due to ingestion of a chemical, 1 death was caused by chemical burns of the skin, and 1 death resulted from rectal insufflation of a chemical. Seven additional cases where chemical burns may have been a contributing factor to the death or an incidental finding are also presented. Four cases are related to an incident involving chemical exposure during an industrial explosion. Three cases involve motor fuel burns of the skin. Two cases concern a plane crash incident, and 1 case involved a vehicular collision. Cases are derived from the records of the Dallas County Medical Examiner's Office and those of the authors' consultation practices. Each of the cases is presented, followed by a discussion of the various mechanisms of chemical injury.     

Deaths resulting from police pursuit

This study concerns deaths that result from police pursuit i.e., high-speed police chases. The case files from the Office of the Medical Examiner of Metropolitan Dade County in Miami, Florida, during the years 1980-1986, were examined. Presented in some detail are 18 cases, along with a discussion of the "patterns" or types of cases involved. Recommendations for future work are then noted.     

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.     

Sudden death after release from police detention]

3 fatalities shortly after discharge from police custody are reported. Case 1: A 55-year old alcoholic was discharged from police custody after taking a blood sample under violent conditions and found dead in his flat 2 days later. Cause of death: arrhythmia due to acute coronary insufficiency or alcoholic cardiomyopathy. Case 2: A 27-year-old alcoholic was met highly intoxicated twice in the course of one day, was put in the family's care and was found dead the next morning. Cause of death: alcohol/drug intoxication with agonal aspiration. Case 3: A 32-year-old man known to be prone to seizures and to become aggressive under the influence of alcohol was left by the police in medical care confined to a litter in a "hog-tied" fashion with the help of 3 belts. Cause of death: cerebral hypoxia after respiratory and cardiac arrest of unknown reason. A causal relationship with positional restraint is discussed. The cases reported underline the duty of the police to examine prior to discharge from custody with the appropriate lot of care whether the person held in custody has recovered from the helpless state due to disease, injury or intoxication or if medical treatment is required.     

Firearm Deaths by Law Enforcement

Abstract:  The use of deadly force during law enforcement is a matter that compels public scrutiny. There were 42 gunshot deaths caused by police over a 4-year period in New York City. The decedents' average age was 31 years and ranged from 17 to 64 years. There were 41 males and one female; and 26 Black, nine Hispanic, and seven White decedents. Ethanol and/or drugs of abuse were detected in 78% (31/40) of the decedents. The vast majority of shootings occurred with the police responding to a crime and 90% of the decedents were armed (26 handguns, six knives, one axe, one metal pipe, and one toy gun). Vehicles were used as weapons in two incidents. A total of 177 bullets struck the 42 decedents. Fourteen decedents sustained single gunshot wounds (GSWs), and the remainder had multiple GSWs ranging from 2 to 21. In the majority of the cases in this study, the number of GSWs of the body was three or fewer. Thirteen decedents had at least one GSW of the back or buttocks, accounting for 25 of the total 177 wounds, and four of the 13 had GSWs of only the back. With the exception of the upper extremities, GSWs of all locations were more likely to penetrate than perforate. Although these deaths may be high profile, the certification is typically straightforward and the cause (i.e., GSW) and manner of death (homicide) are readily apparent. Although police shootings in which the decedent was unarmed and/or sustained numerous GSWs are widely reported by the lay press, these types of shootings were not typical in our study.