A comparison of criminal sexual conduct defendants based on victim age

This study compared defendants charged with Criminal Sexual Conduct whose victims were <6 years of age with defendants whose victims were 12 or more years of age. The study included 163 men referred to the evaluation unit of a state center for forensic psychiatry. Thirty-eight men had younger victims (YVs) and 125 men had older victims (OVs). The variables of comparison were defendant demographic and psychiatric variables frequently identified in the sex offender literature. Controlling for other demographic and psychiatric variables by use of logistic regression modeling, elderly defendants (60 years or greater), and incest offenders were three times more likely to have YVs (Odds Ratio [OR] 3.08 and 3.11, respectively). Unlike previous studies defendants with serious psychiatric pathology (psychosis or mania) were no more likely to have YVs (OR 0.66) than were defendants without psychosis.     

Examining the use of the M-FAST with criminal defendants incompetent to stand trial

The Miller Forensic Assessment of Symptoms Test (M-FAST) was developed to provide evaluators with a brief, reliable, and valid screen for malingered mental illness. This study examined the initial validity of the M-FAST in a sample of 50 criminal defendants found incompetent to stand trial because of a mental illness. The M-FAST total score and items were compared with the Structured Interview of Reported Symptoms (SIRS) and the fake-bad indicators of the Minnesota Multiphasic Personality Inventory-2 (MMPI-2). Results indicated good evidence of construct and criterion validity, demonstrated by t tests, receiver operating characteristics analysis, and high correlations between the M-FAST, SIRS, and the fake-bad indices on the MMPI-2. Tentative cut scores for the M-FAST total score and scales were examined and demonstrated high utility with the sample of criminal defendants incompetent to stand trial.     

Luminous lip-prints as criminal evidence

Luminescence is specially a useful property for the search of invisible evidences at the scene of a crime. In the latent fingerprints particular case, there are at one's disposal fluorescent reagents for their localization. The study of latent lip prints (that is lip prints from protective lipstick, or permanent or long-lasting lipstick that do not leave any visible marks) is more recent than fingerprints study. Because of the different composition of both types of prints, different reagents have been tried out on their developing. Although, lysochromes are particularly useful reagents to obtain latent lip prints, it may occur on coloured or multicoloured surfaces, the developing is not perceived due to contrast problems between the reagent and the surface where the print is searched. Again, luminescence offers the possibility to solve this problem. Nile Red is being studied as a potential developer for latent lip prints. The results on very old prints (over 1year) indicate that this reagent is highly efficient to get latent lip prints.     

Procedural justice at German courts as seen by defendants and juvenile prisoners

The article summarizes German research on procedural and distributive justice at criminal courts. The first German field studies addressing these topics are presented. Procedural justice characteristics like neutrality, courtesy, equal consideration of evidence, voice, and fairness of procedural rules are relevant for Germans. A study on juvenile prisoners shows no support for equity theory and some for the Group Value model. Lay assessors receive positive evaluations by juvenile prisoners.     

Criminal defendants who desire punishment

Some defendants desire to be punished. Sometimes psychotic motivations underlie punishment-seeking behavior; sometimes they do not. The defendant's clinical status is relevant to his competency to stand trial and to waive other rights. These issues are illustrated by presentation of a case of a defendant who sought punishment. The importance of psychiatric assessments of these defendants is emphasized.     

Slaves as criminal informers in ancient Rome

The Romans expected slaves to inform on their fellow slaves, particularly in regard to the master's safety. If a slave killed his master, a terrible retribution on the entire household of slaves would have to be paid to atone for the offense. In the final analysis, the slave‐informer system, with all of its drawbacks, supported the Roman criminal justice system nearly 1,000 years and the Byzantines employed it in a modified form. This paper is a case study of how a culture, with its values, musters its resources, in the case of slavery, to cope with the problems of internal security.

With most of the crime problems that confront us today, the ancient Romans were hard put to protect the public peace. They had neither the modern technology nor the forensic science that we do, so they utilized the limited resources they had to prevent crimes and catch criminals. They devised a policy of enticing slaves to act as criminal informants with the offer of freedom. Considering the sizeable adult slave population, this policy greatly deterred crime and the saying “Every slave, an enemy” became current among the citizenry.

The Romans, however, did not intend to open a door by which slaves could accuse citizens of false charges out of vindictiveness. The legal‐minded Romans adopted the safeguard of having the slave informant interrogated under torture.

Slaves also served the criminal justice system in other ways besides volunteering information. When the police were stymied in an investigation, they “rounded up the usual suspects” in the form of slaves who might have knowledge of the crime, but for some reason had not stepped forward. The police would use their powers to interrogate slaves in this case, too. This ancient practice reflects the procedure of modern police investigators checking surveillance cameras in the vicinity of the crime scene in the hopes of discovering a clue.     

Mediation as an alternative to criminal prosecution

In several American communities, paraprofessional mediation has become a substitute for criminal prosecution when defendant and victim have been engaged in a prior relationship. This article describes such a mediation project and its training program. It present a detailed account of two actual mediation sessions. An analysis of these sessions highlights some of the problems in mediating interpersonal disputes, particularly questions about underlying cause and the effects of different perceptions about the role of conflict in human interaction. The article also suggests a series of hypotheses to be investigated in further research on mediation.The research on which this paper is based was partially supported by grant No. 77-NI-99-0019 from the National Institute for Law Enforcement and Criminal Justice, U.S. Department of Justice. The views expressed are those of the authors only. We appreciate the cooperation received from George Nicolau and Ann Weisbrod of the Institute for Mediation and Conflict Resolution and from the staff of the Fosterton mediation project.     

Physicians as gatekeepers: illness certification as a rationing device

Illness or disability is often used as an eligibility criterion by public programs that distribute money, services, privileges, and exemptions. Physicians then play a central role in the allocation process. But physicians are caught between a large pool of applicants who want some benefit, on the one hand, and an organization with limited resources to distribute, on the other hand. Three conflicts are engendered in this gatekeeping role: the tension between trusting and mistrusting information provided by the patient, the tension between erring on the false positive side and the false negative side in diagnostic decision-making, and the tension between doing everything possible for each patient and allocating limited resources among several needy clients. Several non-medical factors influence the ultimate outcome of this allocation process, which, in theory, rests on clinical decision-making: the specificity and restrictiveness of the formal definitions of illness and disability used by a program; the structure of the determination process; the overall policy of the organization on distribution of benefits; and the ability of the organization to use administrative review, direct incentives, and written standards to control the certifying behavior of physicians.     

Long-term recidivism of mental health court defendants

The first MHC was established in 1997 and now, over 15 years later, there are over 300 mental health courts in the United States. In a relatively short time these courts have become an established criminal justice intervention for persons with a mental illness. However, few studies have looked at the long-term outcomes of MHCs on criminal recidivism. Of the studies evaluating the impact of MHCs on criminal recidivism, most follow defendants after entry into the court during their participation, and only a few have followed defendants after court exit for periods of one or two years. This study follows MHC defendants for a minimum of five years to examine recidivism post-exit with particular attention to MHC completion's effect. Findings show that 53.9% of all MHC defendants were rearrested in the follow-up and averaged 15 months to rearrest. Defendants who completed MHC were significantly less likely to be rearrested (39.6% vs. 74.8%), and went longer before recidivating (17.15 months vs. 12.27 months) than those who did not complete. This study suggests that MHCs can reduce criminal recidivism among offenders with mental illness and that this effect is sustained for several years after defendants are no longer under the court's supervision.     

Assessing effective participation in vulnerable juvenile defendants

Effective participation in trial is outlined under article 6 of the European Convention on Human Rights and refers to the ability to understand and engage in trial. Juvenile defendants are often referred to psychologists or psychiatrists by their solicitors to establish ‘effective participation’ capacity. In the USA, key components to participate effectively are defined and standardised assessments available. In the UK, no formal measures exist. A consecutive series of 20 adolescents aged 12–20 years, referred by their solicitors to our service, were assessed using a standardised battery and a semi-structured interview designed to assess effective participation. Fifty-five per cent had at least one neurodevelopmental disorder. Low IQ was common and 50% had age-equivalent language scores below 10 years. Rates of depression, anxiety and PTSD were high. Knowledge about trial was poor. These findings have implications for Criminal Justice System professionals and to ensure fair trials for young defendants.     

Premenstrual tension as mitigation in a criminal case.

A woman pleaded guilty to road traffic offences and was sentenced to be disqualified for holding or obtaining a driving licence for six months. Her appeal against that sentence was allowed on the basis that she was suffering from premenstrual tension at the time of the offences, and that the disqualification imposed was neither necessary nor appropriate.     

Postpartum depression syndrome as a defense to criminal behavior

Though history records that women have suffered from PPD for centuries, little attention is directed to this serious malady in today's medical and legal communities. Medical research indicates that PPD is the result of the physical stress of pregnancy and childbirth, the social stress of the mothering role, or a combination of both. There are four phases of PPD: maternity blues, postnatal exhaustion, postnatal depression and puerperal psychosis. Victims of puerperal psychosis manifest bizarre behaviors — including the murder of their own children. Approximately 18 cases in the United States have involved the use of PPD as a defense to murder. British medical and legal authorities recognize PPD as a serious women's health issue, and as a viable insanity defense. Legal experts in the United States believe that the PPD defense will be used more frequently in this country. A review of the basic principles of the insanity defense supports the admission of this defense in legal proceedings.