Compatibility Between Mental Disorder and Mental Capacity: Analysis of a Particular Case of Group Sexual Homicide

Abstract: On the night of August 19, 2000, at the foot of Castel del Monte, an 8‐year‐old girl was brutally murdered. The perpetrators were identified as five young men who captured their victim and sexually abused her. The policemen found the cadaver by following “Mario,” one of the five, who had been discovered lying on the ground, near the castle. Investigation led to demonstrate that the murder was not premeditated. The only desire of the group was to sexually molest the little girl. Mario showed signs of psychiatric pathology and for that he underwent psychiatric evaluation by judicial authorities. Analysis of this case, combined with a criminological and medical‐legal perspective led to conclusions very much different from the expectations of Mario’s defense attorneys. Mario, a marginal figure and seemingly the least intelligent, played the role of group instigator, both in the initiation of sexually abusing the child, as well as in the elimination of an inconvenient witness. However, the group was able to activate Mario’s sadistic fantasies and his sexual perversions, and he ended up in a catalyzing role influencing the behavior of others and realizing what would otherwise remain only fantasies. The circularity of the group allows people like Mario, who are apparently subordinate, to influence the behavior of others. Mario was found to have a mental disorder but it was not sufficient to diminish his personal responsibility related to the crime. In fact, according to Italian judicial code, it is necessary that the motivation for the crime was psychopathological. It was for this reason that, according to Italian law, all of the members of the group were considered to be responsible for the crimes committed and were condemned.     

Why Is Homeownership Associated With Nonfinancial Benefits? A Path Analysis of Competing Mechanisms

Four mechanisms may underlie a homeownership effect: residential stability, perceived control, social identity, and financial interest. Path analysis of survey data collected from lower-income households suggests that the length of time lived in the dwelling and the participant's sense of control mediate the association of homeownership with civic engagement and health outcomes. The magnitude of this homeownership effect depends upon higher levels of home equity and increases after controlling for single-family detached housing. While much of the homeownership effect remains unexplained, the findings suggest that the nonfinancial benefits of owning a home are influenced by home equity and dwelling type yet are driven by residential stability and perceived control. These mechanisms could be leveraged to benefit renters.     

Radiocarbon analysis of dental enamel and bone to evaluate date of birth and death: perspective from the southern hemisphere

Radiocarbon analysis was conducted on dental enamel, cortical bone and trabecular bone from four human adults from Andean Peru with known birth dates and death dates, the latter all falling within the modern bomb-curve period. Radiocarbon results were compared with known tropospheric values from the southern hemisphere. The results demonstrate that dental enamel can provide useful information regarding birth dates in consideration of known formation times of the specific teeth examined if the radiocarbon values fall within the modern bomb-curve period. Trabecular bone radiocarbon values are closer to the tropospheric values at the date of death than are values from cortical bone reflecting relative differences in the rate of bone remodeling in those tissues. Age at death also represents an important factor.     

Psychopathology and weapon choice: a study of 103 perpetrators of homicide or attempted homicide

Bone marrow (BM) analysis is of forensic interest in postmortem toxicological investigation in case of limited, unavailable or unusable blood samples. However, it remains difficult to determine whether a drug BM concentration is therapeutic or represents overdose, due to the lack of studies on this alternative matrix. Given the variations in BM composition in the body, sample location was suggested to be a relevant factor in assessing BM concentration. The aim of the present study was to compare postmortem caffeine concentrations in various BM sample locations and secondly to consider the correlation between BM and blood concentrations. Six BM samples (right and left side: proximal and medial femur and 5th rib) and a blood sample were collected from 21 forensic autopsies. Gas chromatography coupled to tandem mass spectrometry was performed. Blood caffeine concentrations ranged from 60 to 7591ng/mL. Femoral and rib BM concentrations ranged from 51 to 6171ng/g and 66 to 7280ng/g, respectively. Blood concentrations were always higher than BM concentrations. As a good correlation was demonstrated between blood and rib BM and between blood and the average of the four femoral BM concentrations, blood caffeine concentrations could be correctly extrapolated from BM concentrations. BM caffeine concentration was found to depend on sample location. Rib BM caffeine concentrations appeared to be systematically greater than averaged femur values and concentrations were much more variable between the 4 femur BM samples than between the 2 ribs. From a practical point of view, for caffeine analysis, rib BM appeared more relevant than femoral BM, which requires multisampling to overcome the concentration variability problem.     

Penal Coercion in Contexts of Social Injustice

This article addresses the theoretical difficulty of justifying the use of penal coercion in circumstances of marked, unjustified social inequality. The intuitive belief behind the text is that in such a context—that of an indecent State—justifying penal coercion becomes very problematic, particularly when directed against the most disfavored members of society.     

Evaluation of four oral fluid devices (DDS®, Drugtest 5000®, Drugwipe 5+® and RapidSTAT®) for on-site monitoring drugged driving in comparison with UHPLC-MS/MS analysis

New Italian legislation on driving under the influence of drugs considers oral fluid (OF) as a possible alternative drug testing matrix. On this basis, the present research was carried out to evaluate the applicability of four commercial on-site OF drug screening devices, namely DDS(?), Drugtest 5000(?), Drugwipe 5+(?) and RapidSTAT(?), in a real operative context. Preliminarily trained police officers tested randomly stopped drivers with two different kits side-by-side during roadside patrols. A central laboratory confirmed on-site kits' results by UHPLC-MS/MS analysis of the saliva specimen remaining after the screening analysis. 1025 drivers were submitted to the OF tests: 11.6% were positive for cocaine and metabolites, 11.1% for THC, 6% for amphetamines and amphetamine-type designer drugs and 2.3% for ketamine. The sensitivities of the kits were 81% (RapidSTAT(?)), 82% (DDS(?)), 90% (Drugwipe 5+(?)) and 97% (Drugtest 5000(?)) for cocaine and 38% (DDS(?)), 47% (Drugwipe 5+(?)), 72% (RapidSTAT(?)) and 92% (Drugtest 5000(?)) for THC. Drugtest 5000 was the only kit showing an acceptable sensitivity for on-site application. Only Drugtest 5000(?) and RapidSTAT(?) could be evaluated for amphetamines and methamphetamines: Drugtest 5000(?) showed a sensitivity of 100% in the case of amphetamines and 86% for methamphetamines, while RapidSTAT(?) 90% and 76% respectively. Nowadays, ketamine is not included in the target analytes of any on-site devices, but it was systematically included in the UHPLC-MS/MS confirmatory analysis. To ensure adequate reliability, MS confirmation of on-site OF screening tests is anyway always necessary, due to the presence of a significant number of false positive results even when using the commercial kit with the best performance.     

Accuracy of Three Age Estimation Methods in Children by Measurements of Developing Teeth and Carpals and Epiphyses of the Ulna and Radius

Abstract: The aim of this study was to compare the accuracy of three methods for age estimation in children: the measurements of open apices in tooth roots (T), the ratio between the total area of carpal bones and epiphyses of the ulna and radius (HW), and the combined method (THW). The sample consisted of 288 Caucasian Italian children (152 boys and 136 girls) aged between 5 and 15 years. Accuracy was determined as the difference between estimated age and chronological age, and accuracy was assessed by analyzing individuals’ orthopantomograms and hand‐wrist radiographs. Accuracies were 0.41 years for girls and 0.54 years for boys with the THW method; for the HW method, 1.00 years for girls and 0.92 years for boys; and for the T method, 0.62 years for girls and 0.71 years for boys. THW is the most accurate technique for age estimation in these children.     

Democracy and Dictatorship in Continental Latin America During the Interwar Period

This article emphasizes the key role of labor in shaping trends and patterns of pica change. The first section of the article argues that during the interwar period, continental Latin America experienced common trends in several areas, including a general upsurge in labor unrest, deepening conflicts among elites, the implementation of new modes of state regulation, and a disruption of prevailing trade arrangements within the world economy, all of which were accompanied by a brief but significant wave of democratization in the 1920s. Noting that these general trends were unevenly distributed through the region (particularly after the 1930s), the second section of the article proceeds to abstract four patterns of political arrangements (repressive dictatorships, party competition, corporatist nationalism, and unstable labor politics). The article uses two principal variables (the relative weight of the middle and working classes and the degree of cohesion/fragmentation among elites) to explain these patterns of political change. Overall, the article suggests that the relative strength of labor and subordinate groups was key to shifts away from repressive dictatorship, while the degree of convergence among elites was significant in shaping political outcomes, but not in promoting democratic outcomes. I would like to thank Professor Irving Louis Horowitz for useful comments on an earlier version of this article. Previous versions of this research were presented at a seminar of the Latin American Studies Center at Princeton University, and at an annual meeting of the Southern Labor Studies Conference, where I benefited from comments by panel participants.