The Sociologist as Story Teller: The Broken Foster Care System Used as Mitigation at Criminal Trial

This paper describes the role a sociologist in a capital murder case involving a defendant who was in foster care and adoption for most of his youth. The author of this paper worked as a sociologist/ mitigation expert in this case. The circumstances of his tragic life leading up to and in the foster care system is presented as mitigation. A literature review on the issues surrounding foster care, presented here, was developed and given to all experts and attorneys working on this case. These issues were to be presented whenever appropriate in their testimony or questioning, during both the guilt and penalty phase. The jury found him guilty of two counts of first degree murder; but voted for life during the sentencing phase. The utility of sociology in criminal cases in general is discussed.     

The role of the sociologist as mitigation expert in a sentencing hearing

This paper examines Louisiana’s habitual offender statute and the role of a sociologist as a mitigation expert/criminologist in a specific case. The paper includes a summary of the habitual offender statute; the literature/theories used by the sociologist in his testimony; the trial judge’s decision; and the decision of the three-judge panel of the appellant court, particularly the minority opinion. The case has been returned to the district court for re-sentencing and the trial judge is under no obligation to accept the panel’s decision; but in practice must justify any lenient sentence. The use of sociology as mitigation in criminal cases generally is discussed. The author has worked in over 300 criminal cases since 1988, most of which were capital murder, but also include second-degree murder, manslaughter, armed robbery, rape, and habitual offender hearings.     

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.     

The presence of low IQ and mental retardation among murder defendants referred for pretrial evaluation

After an overview of definitions of mental retardation and recent case law regarding mental retardation and the death penalty, this paper presents a study of factors associated with a mental retardation (MR) diagnosis among murder defendants. Subjects with a full-scale IQ< or =70 (n=42) were compared with other pretrial murder defendants (n=228) referred for forensic evaluation over a 5-year period. Subjects with an IQ< or =70 who were diagnosed with MR were compared with subjects with an IQ< or =70 who did not receive this diagnosis. Female murder defendants were more likely to receive a diagnosis of MR (p=0.03). MR was also more commonly diagnosed in subjects with an Axis I cognitive disorder (p=0.018). Having an IQ< or =70 was more common in subjects with a psychotic and substance use disorder (p=0.03) and did not necessarily lead to a diagnosis of MR in this subgroup. Implications for diagnosing MR among murder defendants are discussed.     

Mill’s Defense of Capital Punishment

John Stuart Mill strongly supports capital punishment for aggravated murder. He rejects various arguments against capital punishment, including the claim that it is incompatible with respect for human life. He believes that capital punishment is a superior deterrent to the alternative of life imprisonment with hard labor. However, the deterrent effect of capital punishment is achieved by its appearance of severity. In fact, it is less cruel than the alternative, and it is the least severe form of punishment that would effectively deter murder. Mill regards death itself, as distinguished from the manner of dying, as a relatively minor evil. His views on death and capital punishment are not compelling, and, if they were widely accepted, would undermine the seriousness of some types of murder.     

Homicidal traumatic asphyxia associated with pebble impaction of the upper airway.

The news media tend to sensationalize murders involving multiple methods because of their inherent brutality. Similarly, when addressing a jury, prosecutors often emphasize the most grisly part of a murder to ensure a speedy conviction. This paper reports a case of a teenage boy who was murdered by the use of multiple methods of asphyxia. The methods of asphyxial death and the reconstruction of the sequence of events by the medical experts during the murder trial played an important role in the conviction and ultimate sentencing of the perpetrators.     

Alcohol and Drug Mitigation in Capital Murder Trials: Implications for Sentencing Decisions

Analyses of the impact on sentencing when alcohol and drug‐related mitigation is used in the sentencing phases of capital murder trials is virtually absent from the existing literature. The present study addresses this by exploring the effect of having mitigation with alcohol and drug themes accepted in a large sample (n = 804) of capital murder trials in North Carolina. Logistic regression analyses that include a number of relevant control variables reveal no substantive impacts of having alcohol mitigation accepted by capital murder juries, but drug mitigators that were either accepted or rejected by juries were associated with an increased risk of receiving a death sentence. Possible reasons for the results and their implications are discussed and suggestions are made for further study of the effects of alcohol/drug mitigation in capital trials.     

FELONY MURDER AND CAPITAL PUNISHMENT: AN EXAMINATION OF THE DETERRENCE QUESTION

A proper test of the deterrent effect of the death penalty must consider capital homicides. However, the criterion variable in most investigations has been total homicides—most of which bear no legal or theoretical relationship to capital punishment. To address this fundamental data problem, this investigation used Federal Bureau of Investigation data for 1976–1987 to examine the relationship between capital punishment and felony murder, the most common type of capital homicide. We conducted time series analyses of monthly felony murder rates, the frequency of executions, and the amount and type of television coverage of executions over the period. The analyses revealed occasional departures (for vehicle theft and narcotics killings) from the null hypotheses. However, on balance, and in line with the vast majority of capital punishment studies, this investigation found no consistent evidence that executions and the television coverage they receive are associated significantly with rates for total, index, or different types of felony murder.     

Capital Punishment and Deterrence: Understanding Disparate Results

Objectives

Investigate how different model assumptions have driven the conflicting findings in the literature on the deterrence effect of capital punishment.

Methods

The deterrence effect of capital punishment is estimated across different models that reflect the following sources of model uncertainty: (1) the uncertainty about the probability model generating the aggregate murder rate equation, (2) the uncertainty about the determinants of an individual’s choice of committing a murder or not, (3) the uncertainty about state level heterogeneity, and (4) the uncertainty about the exchangeability between observations with zero murder case and those with positive murder cases.

Results

First, the estimated deterrence effects exhibit great dispersion across models. Second, a particular subset of models—linear models with constant coefficients—always predict a positive deterrence effect. All other models predict negative deterrence effects. Third, the magnitudes of the point estimates of deterrence effects differ mainly because of the choice of linear versus logistic specifications.

Conclusions

The question about the deterrence effect of capital punishment cannot be answered independently from substantive assumptions on what determines individual behavior. The need for judgment cannot be escaped in empirical work.     

The Death Penalty: A Multi-level Analysis of Public Opinion

Considerable research has examined public opinion of the death penalty using simplistic questions such as, “Do you favor or oppose the death penalty.” Simply categorizing people into favoring or opposing capital punishment does little to address the array of factors and circumstances that are part of every murder. We examine variables concerning the nature of homicides from a set of 40 murder vignettes used to gauge respondents’ level of support for capital punishment in murder cases. The data are structured such that vignette responses are nested within individuals, meaning a multi-level analysis is appropriate. We used HLM to explore how vignette-level or homicide related characteristics influence support for the death penalty, as well as how individual-level characteristics condition these factors. Analyses revealed that individual-level variables were non-significant when analyzed independently; however, cross-level interactions indicated significant individual-level influences on homicide-level characteristics as they relate to respondents’ support for the death penalty.     

A Comparison of Retained and Appointed Counsel in Cases of Capital Murder

We examined the role of counsel as a source of arbitrary and capricious sentencing in cases of capital murder. The method is a reanalysis of the data of Baldus, Woodworth, & Pulaski (1990) on 606 cases of capital murder in Georgia in the 1970s. Controlling for variables describing the character of the defendant and the circumstances of the crime, a death sentence was more likely when defense counsel was appointed rather than retained privately. This was a consequence primarily of the prosecutor's decision to seek a death sentence rather than jury bias in sentencing. Our data support the conclusion that sentencing under the Georgia statute was in the 1970s, and is today to some degree, arbitrary and capricious.     

Effects of psychopathy and violence risk testimony on mock juror perceptions of dangerousness in a capital murder trial

The recent introduction of the Psychopathy Checklist-Revised (PCL-R) into the sentencing phase of capital murder trials has heightened concerns about the potentially prejudicial impact of such information on jurors, who might give disproportionate weight to this diagnosis when determining whether a defendant is a “continuing threat to society”. To investigate this issue, 238 undergraduates read a case summary based on US v. Barnette ( ), in which prosecution testimony was presented regarding the presence of a mental disorder (psychopathy, psychosis, or no disorder). Compared to the “no disorder” condition, participants rated psychopathic defendants as more likely to be violent in the future, even though testimony related to level of risk (high or low) was held constant. The difference in perceived dangerousness across the psychopathy and no disorder groups was particularly pronounced when the experts described the defendant as being at low risk. A similar pattern of effects was noted for the psychosis condition, suggesting that the impact of mental disorder testimony on perceptions of dangerousness may not necessarily be specific to the PCL-R.     

Mephitic projects: a forensic leisure science analysis of the BTK serial murders

Although it has been suggested among both forensic experts and a small number of leisure scientists that serial murder may be a form of recreational leisure, such suggestions remain largely unexplored both theoretically and empirically. Given the absence of scholarship on this possibility, this project explored and analyzed the structure and function of leisure activities within an unusual case (Dennis Rader) of serial murder. A thorough analysis of relevant case documents confirmed that serial murder itself can be experienced by the killer as a form of recreational leisure with the potential for optimal psychological experience (flow), and that various leisure activities may function in specific ways within the serial murder process. An unexpected finding in this case was that leisure, specifically project-based leisure, served to structure specific killings. Findings provide valuable new insights for forensics behavioral experts that may be used to guide future research.     

RACE,HOMICIDE SEVERITY,AND APPLICATION OF THE DEATH PENALTY: A CONSIDERATION OF THE BARNETT SCALE*

This study uses the Barnett scale of homicide severity to analyze the capital sentencing process in Kentucky. In his analysis of Georgia cases, Barnett found that whites were disproportionately the victims of homicides that the scale considered as most serious. This conclusion was cited as an explanation for racial disparity in capital sentencing. When the scale is applied to Kentucky data and the level of seriousness of the murder is controlled, however, we Jind that prosecutors were more likely to seek the death penalty in cases in which blacks killed whites and that juries were more likely to sentence to death blacks who killed whites.     

Psychological and psychiatric aspects of a coerced-internalized false confession

This paper provides an insight into the mechanism of a coerced-internalized type of false confession. The case involved an American airman who confessed to the murder of a close friend after "failing" four polygraph tests. Psychological and psychiatric reports were prepared at the request of the defence and the findings were presented at a military hearing. The airman's confession was ruled involuntary, leading to a dismissal of the charges. The authors discuss the case with reference to the relevant literature on false confession and pseudomemories.     

Suicide disguised as murder: a dimension of Munchausen syndrome

This case study reports on a suicide made to look like murder. The case highlights the issue of false claims of criminal victimization and suggests the need for a reexamination of the dynamics of factitious allegations of criminal victimization. Factitious complaints of mental or physical illness are typically self-reported to psychiatric or medical authorities. This paper illustrates a different kind of phenomenon: one in which an injury or disorder is brought to medical attention by way of the police, who report the death or injury as arising from criminal victimization.     

Urban homicide: Still the same

We use 1984–1986 data to estimate lifetime risks of being murdered in each of 50 large American cities and then compare these projections to others made earlier from 1971–1972 and 1976–1977 data. We find strong constancy over time in the average urban resident's murder risk (essentially a 1 in 68 chance of eventually being slain). Moreover, we find a high stability in the dispersion of risk by region, race, and city size and in the relative rankings of the 50 cities by murder risk. We comment briefly about such recent phenomena as the proliferation of crack and the resumption of capital punishment.Throughout this paper, we use the words murder, homicide, killing, and slaying interchangeably, meaning in all cases murder and nonnegligent manslaughter as defined by the FBI.     

The assassination of the late President John F. Kennedy. An academician's thoughts

Another look is taken at the murder case of the late President John F. Kennedy. The overall pattern established by various investigations should force any reasonable person to conclude that a conspiracy of greater or lesser proportions did exist. The actors in that conspiracy have not been identified. The role of Lee Harvey Oswald in the event is still obscure. The art and science of pathology, in this case, failed the nation. Federal agencies were incompetent and possibly criminally negligent in their handling of the case. The fact that more than a single gunman was involved in the murder seems indubitable. Scientists, as scientists, have contributed all that they can to resolving the case. Suppression, modification, and destruction of evidence crucial to the case by those having it in custody have been completed so effectively that one esteemed historian has asserted, "at least some of those responsible for the murder of a President of the United States got away with it."     

Putting kids to death: Specifying public support for juvenile capital punishment

Using a statewide sample of 539 Tennessee residents, we explored the extent to which the public supports the death penalty for juveniles. The analysis revealed that a majority of respondents favored juvenile capital punishment, often for young offenders. The respondents, however, were less supportive of juvenile than of adult execution. Most important, as an alternative to juvenile capital punishment, nearly two-thirds of the sample favored life in prison without the possibility of parole (LWOP); four-fifths favored a life sentence with work and restitution requirements (LWOP+W/R). Notably, even among those who endorsed capital punishment for juveniles, a clear majority supported LWOP+W/R. Taken together, these findings reveal that although the public is willing to execute juveniles who commit first-degree murder, they prefer alternative sentencing options that avoid putting youths to death.     

A Story of Miscarriage: Law in the Media

This article utilizes the work of the sociologist Niklas Luhmann in order to examine the relationship between law and the media. Luhmann views both law and the media as closed systems of communication, systems which cannot duplicate the meaning of each other's communications. After introducing Luhmann's approach to media reporting, and applying this to the relationship between law and media reporting on law, the article analyses a recent miscarriage of justice case. The case is that of the solicitor Sally Clark who was convicted of a double child killing. Although her first appeal was rejected she succeeded in a second appeal. Media reporting of Sally Clark's case is contrasted with the trial and Court of Appeal judgments to demonstrate the different basis upon which law and the media each construct communications about the same events