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1.
Insanity plea     
Examining 484 consecutive criminal cases in which the NGRI plea was made, it was found: (1) a high degree of interexaminer agreement existed on the issue of the defendant's mental state in a nonadversary examination procedure; and, (2) court verdicts were highly congruent with the opinions expressed by examiners on the issue of insanity.  相似文献   

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Using 35 variables and discriminant analysis procedures, it was found that, of 133 male defendants entering the insanity plea in Colorado, 87 percent were classified correctly into the disposition groups "adjudicated insane" and "convicted." Most positively related to an insanity adjudication were a psychiatric evaluation of insanity and a diagnosis of schizophrenia. Negatively related to the insanity verdict were diagnoses of substance use and personality disorders.  相似文献   

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This paper lies at the intersection of law and logic. Logical analysis is employed to attempt to make headway in what has proven to be an intractable interpretive debate over a defence provision of the Indian Penal Code.  相似文献   

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Trial variables that might affect juror decisions were examined in two experiments. In Experiment 1, the impact of (1) corroboration, (2) type of case (civil vs. criminal), and (3) victim age (6. 9, or 12 years) was examined. Participants (N=379) read a trial summary describing a wrongful injury or sexual abuse case and were asked to make decisions regarding the case. Results revealed a significant interaction between age and corroboration. Corroboration increased the number of guilty verdicts for the 6- and 12-year-olds, yet had little impact in the case with the 9-year-old. the type of the case did not interact with child age in affecting jurors' decisions. Experiment 2 examined the role of a child's age more systematically. The trial summary described the corroborated sexual abuse case (utilized in Experiment I) and varied the age of the victim from 6 to 14 years. Analyses revealed that number of guilty verdicts and credibility decreased with age, whereas amount of blame attributed to the victim increased with age. Reasons for the negative age bias are discussed.  相似文献   

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A review of recent criminological literature suggests that different systems of social control operate across the urban-rural dimension. Specifically, it is expected that victims in urban areas will report crimes to the police at a higher rate than victims in surburban and rural areas. Moreover, it is anticipated that urban, suburban, and rural victims will have different reasons for not reporting the crime. In this paper these issues are examined empirically using the National Crime Survey victimization data. These data show that, contrary to theoretical expectations, the extent of victim reporting does not vary across the urban-rural dimension for the crimes of rape, robbery, assault, and personal larceny. Characteristics of the offense, notably seriousness, are shown to be more important in victim reporting than the extent of urbanization. In addition, these data indicate that victim residence in conjunction with type of crime and victim-offender relationship has an influence on the reasons selected by victims for not reporting the crime to the police.  相似文献   

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Numerous jurisdictions have made changes in their rape statutes in recent years. Five modifications that have commonly appeared in the amended rape legislations are aboulition of capital punishment as a sanction for rape, lowered sentence structure, a graduated continuum of offenses and penalties for rape, the reformulation of rape statutes to a sex-neutral definition of participants, and a change in terminology away from rape to such nomenclature as criminal sexual conduct. While the intent of the legal reforms was to insure fairness, we contend that the unintended effect of many of these changes is to trivialize the offense of rape and to devalue the victim.  相似文献   

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This study examines the detention patterns of the insanity defendant who is successful with the plea and hospitalized, or unsuccessful and incarcerated. Further comparisons are made with felony defendants who never entered a plea of not guilty by reason of insanity (NGRI). From existing data it is unclear to what extent detention may vary if the plea is successful as compared to if it is not successful. Of all defendants who entered a plea of NGRI in Erie County, New York (Buffalo) between 1970 and 1980, 128 were institutionalized as a result of their disposition. Sociodemographic, institutionalization histories, arrest, and disposition information were collected and analyzed for all 128 individuals. The research evaluates differences in the likelihood and length of either institutionalization or incarceration and in the rates of release between successful NGRI defendants, those who entered the plea unsuccessfully, and those who did not plead NGRI. From the findings reported here the authors conclude that pleading NGRI in Eric County may not be quite as advantageous for a defendant as commonly is believed.  相似文献   

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Each government agency uses a uniform figure to measure the value of a statistical life (VSL). This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant values. According to that theory, VSL should vary across risks. More controversially, VSL should vary across individuals -- even or especially if the result would be to produce a lower number for some people than for others. One practical implication is that a higher value should be given to programs that reduce cancer risks. Another is that government should use a higher VSL for programs that disproportionately benefit the wealthy -- and a lower VSL for programs that disproportionately benefit the poor. But there are two serious complications here. First, bounded rationality raises problems for the use of private willingness to pay, which underlies current calculations of VSL. Second, the beneficiaries of regulation sometimes pay only a fraction or even none of its cost; when this is so, the appropriate VSL for poor people might be higher, on distributional grounds, than market evidence suggests. An understanding of this point has implications for foundational issues about government regulation, including valuation of persons in poor and wealthy nations.  相似文献   

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This study looks at the experiences and perceptions that domestic violence victims reported with Mills's power model. The victims' partners were the primary research participants in an arrest experiment. The following were empirically examined: the occurrence of violence following suspect arrest, victim perceptions of personal and legal power, victim satisfaction with the police, and victim perceptions of safety following legal intervention. Race and two victim resource measures (i.e., employment status and income advantage) explained variance in perceptions of independence. A police empowerment scale was used to measure legal power. It was found that arrest affected the probability of re-occurring domestic violence. Suspect arrest and the victim's perceptions of legal power were related to perceptions of safety following police intervention. The study concludes with some implications for domestic violence research, programs, and perspectives.  相似文献   

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This paper compares the Uniform Crime Reports (UCRs) to the results of the National Crime Survey (NCS). Six Part I offenses are used to form the basis for comparison across twenty-six large American cities. The two data sources are conceptually comparable. Empirically, the NCS reveals significantly higher rates for all offenses but auto theft. The two sources are compatible in that the UCR revealed the same distributional pattern as the NCS. Thus it was concluded that the UCR provides an accurate indicator of the relative occurrence of criminal acts.  相似文献   

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