Birchall and Benwell. Murder in a Canadian swamp

On 21 February 1890, two woodsmen working in densely wooded Blenheim Swamp in southern Ontario, Canada, stumbled upon the dead body of a young Englishman who had been killed by two gunshot wounds to the head. He was identified as Frederick Benwell by a married couple, the Birchalls, who had traveled with him and another man, Pelly, from England to New York City by ship about 1 week before. The Birchalls lied regarding Benwell's subsequent movements. Questioning Pelly revealed to Detective John Murray that both Pelly and Benwell had replied separately to Birchall's advertisement for young men of means to become partners with him in a large Canadian farm, a deposit first being required. Birchall had been observed taking Benwell from Buffalo, New York, to Blenheim Swamp, for in reality there was no farm. There he had shot Benwell, leaving the body partially exposed. He then tried unsuccessfully to lure Pelly to his death in Niagara Falls. The Birchalls were arrested. Reginald Birchall was tried, convicted, and hanged. His attempt, including murder, to turn the so-called farm pupil colonization scheme to his own benefit had been frustrated by the dogged work of the master Canadian detective Murray.     

"A brilliant ball of fire." The sabotage of United Airlines Flight 629

Among the known causes of aircraft disasters, sabotage is perhaps the most terrifying and difficult to comprehend. Bombs have been exploded in at least 34 commercial aircraft, with the resultant loss of more than 300 lives. Motives for these acts include profit, the deaths of certain persons, and politics. On November 1, 1955, United Airlines Flight 629, bound to Denver-Portland, exploded and burned in flight near Longmont, Colorado, a few minutes after takeoff, with the loss of all 44 on board. Investigation revealed that the plane had been destroyed by the explosion of a bomb that had been placed in the rear luggage hold in Denver. Twelve days after the disaster, John Gilbert Graham, the son of one of the female passengers, was arrested and charged with murder. He reportedly admitted placing a time bomb on board the aircraft, apparently in order to collect $37,500.00 in life insurance that he had taken on his mother's life. Though he soon recanted, he was convicted of murder and was executed. The potential for additional such crimes remains.     

Self-inflicted stab wound for simulating self-defense?]

During a violent conflict, a young man was shot dead in front of a bar. The offender stated that he had acted in self defence after having been attacked with a knife. Taking into account the testimonies, the medical findings (f. ex. sonotomogram of the left femur) as well as the crime scene regarding the position of the body, it could not be excluded from the forensic point of view that a knife attack of the later victim had taken place. Nevertheless, the court convicted the man who had shot for murder and gave a life prison sentence.     

Sometimes What Everybody Thinks They Know Is True

This essay responds to D. Davis and W. C. Follette (2002), who question the value of motive evidence in murder cases. They argue that the evidence that a husband had extramarital affairs, that he heavily insured his wife's life, or that he battered his wife is ordinarily of infinitesimal probative value. We disagree. To be sure, it would be foolish to predict solely on the basis of such evidence that a husband will murder his wife. However, when this kind of evidence is combined with other evidence in a realistic murder case, the evidence can be quite probative. We analyze cases in which it is virtually certain that the victim was murdered but unclear who murdered her, and in which it is uncertain whether the husband murdered the wife or she died by accident. We show that in each case motive evidence, such as a history of battering or of infidelity, can substantially increase the odds of the husband's guilt. We also consider the actual case on which Davis and Follette base their paper. We argue that testimony of Davis on the basis of the analysis presented in their paper was properly excluded, for it would have been misleading and unhelpful.     

Hanging: suicide or homicide?

Death by Hanging: Suicide or Homicide. Six cases of homicidal hanging and murder presented as suicidal hanging are recorded. Suspension followed strangulation by ligature or throttling and head injuries in 4 cases. Distinction between homicide and suicide was easy in 5 cases: two of the perpetrators gave themselves up to the police, one committed suicide immediately after he had hanged his 15 year old daughter; in two cases tracks of blood, heavy injuries of the victims, and traces of robbery were obvious. Unless the victim is an infant or an adult person incapacitated by drink, disease, or drugs, or unless there are several assailants murder is difficult to accomplish. Distinction between murder and suicide may be impossible by an examination of the body alone. Detailed investigation of the scene, reconstruction of the position of the suspended body, examination of the rope, the knots, the direction of the fibres on the rope may serve to discover homicidal hanging. - Compared to suicidal hanging homicide has a frequency of about 1% in our autopsy material. However, we cannot estimate the number of obscure cases.     

The grief process in those admitted to regional secure units following homicide

Although there is considerable literature on grief and grief work, there have been few studies of the grief process in those who have killed someone. This paper reviews the scope of this problem in England and Wales and examines a number of issues in connection with the grieving process in those who have killed but, because they were found to be suffering from an "abnormality of mind" at the time of the offence, were found not guilty of murder. Increasingly, these patients are referred for treatment to Regional Secure Units, under hospital orders of the Mental Health Act of 1983.     

Diagnostic values of polysomnography in forensic medicine

A man accused of a first-degree murder of a two-year-old girl claimed that he had not been conscious during the time of the alleged murder. The possibility that he may have committed the crime while "sleepwalking" was raised. The forensic psychiatrist looked to the sleep disorders facility to conduct polysomnographic investigation of the accused in order to investigate the possibility that he had a parasomnia. Overnight sleep recordings with video surveillance carried out for two consecutive nights showed no evidence of parasomnia. On the basis of the full assessment, the final report of the forensic psychiatrist did not support a legal defense of non-insane automatism and "sleepwalking" was withdrawn as a possible defense by the lawyer of the accused.     

Death after anal "fisting"

A 45-year-old homeless woman was found dead at her usual sleeping place. Apart from traces of blood on the lower abdomen of the body, the police investigations did not produce any clues pointing to an unnatural death. At autopsy, it was found, however, that death had been caused by extensive disruptions of the intestine. After being confronted with the results, the sexual partner of the victim admitted manual anal penetration, but claimed that this had been done by mutual agreement. The court did not accept that statement and sentenced him to life imprisonment for murder. The frequency of such fatal outcomes of anal penetration, the relationship between the perpetrator and the victim and the special features at the scene are discussed.     

Some recent developments in the legal relationship between parent and child

This article is based on a paper read at the Oxford Round Table Sir William Blackstone Colloquium on Public School Law in Oxford in 2000. Living and working in the 18th century, Sir William Blackstone was one of the most prominent English lawyers of all time, his influence still enduring in England and in many other countries with historical links with England. Because Blackstone regarded the relationship between parent and child as very important, the author therefore traced it through three broad periods: Blackstone's own times, South Africa before 1994 and South Africa after 1994. In preparing the paper, the author realised that many changes had taken place in the legal relationship between parent and child in South Africa since 1994 and that their implications for education management need to be explored. Education law literature in South Africa is certainly still largely dominated by the law as it was before 1994; so are the management implications drawn from it. The article has four sections: first, aspects of the parent-child relationship in South African law before the new Constitutional dispensation; second, relevant developments in South African under the new Constitution(s) and finally, a conclusion.     

An unsuccessful murder

The victim of an attempted murder, who was shot in the head by her husband, survived when the bullet failed to penetrate her skull, apparently because he had scored the bullet twice across its nose and used an outdated power charge. The husband succeeded in killing himself with a second shot.     

Classifying partner femicide

The heterogeneity of domestic violent men has long been established. However, research has failed to examine this phenomenon among men committing the most severe form of domestic violence. This study aims to use a multidimensional approach to empirically construct a classification system of men who are incarcerated for the murder of their female partner based on the Holtzworth-Munroe and Stuart (1994) typology. Ninety men who had been convicted and imprisoned for the murder of their female partner or spouse in England were identified from two prison samples. A content dictionary defining offense and offender characteristics associated with two dimensions of psychopathology and criminality was developed. These variables were extracted from institutional records via content analysis and analyzed for thematic structure using multidimensional scaling procedures. The resultant framework classified 80% (n = 72) of the sample into three subgroups of men characterized by (a) low criminality/low psychopathology (15%), (b) moderate-high criminality/ high psychopathology (36%), and (c) high criminality/low-moderate psychopathology (49%). The latter two groups are akin to Holtzworth-Munroe and Stuart's (1994) generally violent/antisocial and dysphoric/borderline offender, respectively. The implications for intervention, developing consensus in research methodology across the field, and examining typologies of domestic violent men prospectively are discussed.     

INJUSTICE AND IRRATIONALITY IN CONTEMPORARY YOUTH POLICY

Lionel Tate was 12 years old when he killed 6‐year‐old Tiffany Eunick. Tiffany had been staying at the Tate home and, by all accounts, got along well with Lionel. The two were playing at “wrestling” when Lionel decided to try out some moves that he had seen on television. He threw Tiffany across the room, inflicting fatal injuries. Despite the boy's tender age, the prosecutor transferred Lionel to criminal court on a charge of first‐degree murder, an offense carrying a mandatory penalty of life without parole. The boy was given an opportunity to plead guilty to second‐degree murder in return for a sentence of three years incarceration, but he rejected the offer. A jury subsequently convicted him of first‐degree murder. At sentencing, the prosecution recommended leniency, which drew an angry response from the judge: If the state believed the boy did not deserve to be sent to prison for life, why hadn't it charged him with a lesser offense? Without any inquiry into the boy's cognitive, emotional, or moral maturity, the judge imposed the mandatory sentence.¹ Raymond Gardner was 16 years old when he shot and killed 20‐year‐old Mack Robinson.² Raymond lived in a violent urban neighborhood with his mother, who kept close watch over him. He had no prior record. He was an A student and worked part‐time in a clothing store to earn money for college. On the day of the shooting, a friend came into the store to tell Raymond that Mack had a beef with him about talking to a girl, and was “looking to get him.” The victim was known on the street as “Mack the Knife” because he always carried a small machete and was believed to have stabbed several people. To protect himself on the way home, Raymond took the gun kept under the counter of the shop where he worked. As he neared home, Mack and two other men approached and blocked his path. According to eyewitness testimony, Raymond began shaking, then pulled out the gun and fired. Mack ran into the street and fell. Raymond followed and fired five more shots into the victim's back as he lay dying on the ground. Raymond did not run. He just stood there crying. The prosecutor filed a motion in juvenile court to transfer Raymond on a charge of first‐degree murder. The judge ordered a psychological evaluation, which addressed the boy's family and social background, medical and behavioral history, intelligence, maturity, potential for future violence and prospects for treatment. The judge subsequently denied the transfer motion. He found Raymond delinquent and committed him to a private psychiatric treatment facility.³     

The contract murderer: patterns, characteristics, and dynamics

A case of an independent professional contract murderer, who killed over 100 people, is reported. After eluding law enforcement for 30 years, the subject killed several associates who he believed could implicate him in various crimes. These homicides eventually led to his arrest, since the victims were individuals who could be linked to him. This hit man had a background of poverty and childhood abuse but, as an adult, had pursued a middle-class lifestyle and kept his family totally separate from his criminal career. In addition, he had a number of characteristics that helped him carry out his crimes in a highly planned, methodical, and organized manner: he had adept social judgment; personality traits of orderliness, control, and paranoid vigilance; useful defense mechanisms of rationalization and reframing; and an exceptional ability to encapsulate emotions. This case is discussed within the context of contract murder, a crime that occurs relatively frequently and is probably increasing; yet it often goes undetected, the arrest rate is low, and the offender is rarely studied.     

Physician crimes and criminals. The historical and forensic aspects

The physician, like any other human being, is subject to emotional problems, greed, jealousy, and instability of an individual under stress as well as mental disease which may all bring out improper behavior or criminal activity. Over the last two centuries, there have been instances where physicians have committed deliberate acts of murder on wives, relatives, patients, and others. Their motivation has ranged from ridding themselves of a nagging wife or for insurance and inheritance gains to insane acts. The methods used have usually been associated with poisons and drugs, of which the physician may have great familiarity. The frequency of physician-involved murders seems to have increased in the past two decades with several sensational cases being the topics of media coverage and further review in books and visual media, including television and the movies. The investigation of these cases may be very difficult, especially when a drug may be given to a victim which could cause severe problems after small amounts are given. The detection of death as being a murder may be the first problem faced, the demonstration of the fatal agent in the body in the next problem, and probably the most difficult is finding a suspect with the medication in his or her possession or paraphenalia for injecting such as a syringe and needle. The stealth and cunning of the murderer may further complicate the picture for the investigator as well as the reputation of the physician in the community, which is often above reproach so that the public has to be convinced of the actual involvement of the suspect.     

Medicolegal aspects of death of patients with cerebral palsy in Japan

A total of 24 cases of patients who had had cerebral palsy, recorded between 1980 and 1986, in the Annuals of the Medico-Legal Autopsy Cases in Japan, were investigated to determine their ages and causes of death. Fourteen died of illness, four in accidents, and six by murder. Most of those dead of illness had been under the age of 16, and the disease most frequently cited as a cause of death was pneumonia. The four persons who died by accident were over 16 years old. All of the six murder victims were killed by their mother.     

Dismemberment: a review of the literature and description of 3 cases

The authors describe 3 cases of dismemberment. Numerous methods of hiding a body and thus erasing proof of murder have been devised. Those most frequently described in the literature include: burial of the body in an unusual or impervious place such as a wood, grotto or mountain; charring the body by wrapping it in a tire, for example, to fuel the fire until all traces of the crime have been erased and identification of the victim is difficult; and dropping the weighted-down body in the open sea or in a well in the hope that it will never be found. Dismemberment is in reality a relatively rare method whereby, after killing the victim, the murderer uses a very sharp cutting weapon (a saw, axe, etc.) to sever the limbs and cut the body into small pieces. The operation is generally carried out immediately after the crime, although more rarely a long time may pass between the 2 events.     

Parentage testing on blood crusts from firearms projectiles by DNA typing settles and insurance fraud case

We describe a case of a fraudulent insurance claim. The family of an adult white male (DLF) notified the police of their son's disappearance. After a few weeks, a corpse that presented characteristics similar to those of the DLF was found in advanced stages of decay and was identified by the family as being DLF. The family then filed a claim for the life insurance that DLF had taken out just before he disappeared. Suspicions were raised about the identification of the corpse, because it had been done only visually, and because the insurance policy had been taken out just prior to DLF's disappearance. The insurance company requested a postmortem examination for identification. As the corpse had been cremated immediately after identification by the family, the biological material that was encrusted on the two projectiles removed from the body was used for analysis. The blood crusts provided enough genomic DNA for us to carry out PCR base typing of HLA-DQA1, D1S80, HUMCSF1PO, HUMTPOX, HUMTH01, D3S1744, D12S1090, D18S849, and amelogenin. Results from all loci typing from the corpse presumed to be that of DLF were then compared with that of his alleged biological parents, revealing genetic incompatibility.