Deciding mental retardation and mental illness in capital cases: The effects of procedure,evidence, and attitudes

Abstract

When finding unconstitutional the execution of defendants who were mentally retarded at the time of their crime in Atkins v. Virginia (2002), the US Supreme Court left the States to decide on procedures for deciding a defendant's mental retardation. This has and will lead to substantial variation, and will include juries being responsible for these verdicts. Two studies are presented that test procedural, evidentiary, and attitudinal effects on mock juror verdicts as to a capital defendant's mental retardation. Both studies show significant effects of procedural variables. Making the retardation and death decision at the same trial phase changed jurors’ interpretation of evidence, including severity of mental problems. Jurors were insensitive to differences in the burden of proof on mental retardation verdicts, although demanding proof beyond a reasonable doubt may make jurors more sensitive to retardation evidence when deciding on a death sentence. Areas for future research are outlined.     

Consulting to residential programmes for sexually aggressive delinquents

Abstract

Delinquent adolescent boys, especially those looked after in residential settings, often have a long history of coercive antisocial behaviour. Many have a history of aggression and violence, including serious sexual offences such as rape and indecent assault. In light of the Criminal Justice Act 1991 the residential care sector will come under more pressure to accommodate sexually aggressive recidivistic delinquents. However, few staff who work in residential settings with delinquents have received training in the management and treatment of sexually aggressive behaviour. Time spent in residential care settings may therefore do little to reduce the risk of sexual aggression. This paper proposes that the assessment and management of risk is central to the effective rehabilitation of this group of young people. Based on work carried out at Glenthorne Centre a risk assessment strategy is presented consisting of several different strands: an analysis of organisational decision-making; identification of sources and types of information to inform decisions; the development and implementation of a risk assessment protocol; and staff training. A case example is used to illustrate the use of the protocol at Glenthorne.     

An investigation into the enhancement of fingermarks in blood on paper with genipin and lawsone

The abilities of two natural products, genipin and lawsone, to enhance blood contaminated fingermarks on papers of various porosities and colour were investigated and compared to the routinely used amino acid reagents, ninhydrin and 1,8-diazafluoren-9-one (DFO).Fingermarks in blood were deposited as a split depletion series on various paper types and colours for ageing periods of 6 weeks, 4 weeks, 2 weeks and 1 week before enhancement. The developed marks were observed under different lighting conditions, recorded and graded by way of attributing quantitative data to each series.Results indicated that while genipin showed some potential as a reagent for the enhancement of latent fingermarks, it displayed no suitability for the enhancement of fingermarks in blood on paper. Lawsone also failed to successfully enhance either type of fingermark. Upon comparison of the results with those of ninhydrin and DFO it was found that ninhydrin displayed the highest success rate of development of these marks.     

In the Aftermath of School Victimization: Links Between Authoritative School Climate and Adolescents’ Perceptions of the Negative Effects of Bullying Victimization

Journal of Youth and Adolescence - Although authoritative school climate—strict, yet fair enforcement of rules alongside strong adult support—is associated with lower rates of bullying...     

The Relationship between Self-Control in Adolescence and Social Consequences in Adulthood: Assessing the Influence of Genetic Confounds

Purpose

Assess the relationship between levels of self-control in adolescence and a variety of later-life outcomes and evaluate the confounding effects of genetic factors.

Methods

The current study employed data from the National Longitudinal Study of Adolescent Health (Add Health) and examined whether levels of self-control in adolescence are related to economic, educational, employment, health, relationship and family, and behavioral outcomes in adulthood using DeFries-Fulker regression-based analyses.

Results

Analyses employing non-genetically sensitive methods indicated robust associations between self-control and various social consequences. After estimating genetically-sensitive analyses, however, many associations were no longer significant. Those associations which remained significant were in the reversed direction relative to the non-genetically sensitive models. Additionally, further analyses indicated that some of the remaining significant associations were influenced by nonshared genetic effects.

Conclusions

The findings indicate that even after controlling for the effect of genetic factors, levels of self-control are associated with differences in a variety of social outcomes. However, given the reduction in the number of significant associations and reversal of associations in the genetically sensitive models, analyses of the social consequences of low self-control which do not account for the effect of genetic factors are likely misspecified.     

Determining Bruise Etiology in Muscle Tissue Using Finite Element Analysis

Bruising, the result of capillary failure, is a common physical exam finding due to blunt trauma and, depending on location and severity, a potential indicator of abuse. Despite its clinical relevance, few studies have investigated the etiology of capillary failure. The goal of this study was to determine whether capillaries primarily fail under shear stress or hydraulic‐induced tensile stress. An arteriole bifurcating into four capillaries was modeled using ANSYS 14.0 ^®. The capillaries were embedded in muscle tissue and a pressure of 20.4 kPa was applied. Any tensile stress exceeding 8.4 × 10⁴ Pa was considered failure. Results showed that failure occurred directly under the impact zone and where capillaries bifurcated, rather than along the line of greatest shear stress, indicating that internal tensile stress is likely the primary mode of capillary failure in bruising. These results are supported by the concept that bruising can occur via blunt trauma in which no shearing lacerations occur.     

Suicidal Behavior Among Homeless and Runaway Adolescents

The present study considered risk factors associated with suicidal ideation and the likelihood of a suicide attempt in a sample of 297 homeless and runaway youth from four Midwestern states. It was hypothesized that sociodemographic characteristics, family factors, suicide exposure, street factors, externalizing behavior, and internalizing behavior would be related to suicidal ideation and to the likelihood of a suicide attempt. It was also hypothesized that suicidal ideation would mediate the relationship between the other predictor variables and the likelihood of a suicide attempt. Over half the sample (53.9%) endorsed some level of suicidal ideation, and over one quarter (26.3%) attempted suicide in the year prior to the interview. Univariate and multivariate results indicated that sexual abuse by a family member, knowing a friend who attempted suicide, drug abuse, and internalization were highly related to suicidal ideation. In the absence of suicidal ideation, sexual abuse, sexual victimization while on their own, and internalization were highly related to the likelihood of a suicide attempt. Finally, the hypothesized mediating effect was found for both sexual abuse and internalization.     

Making Sense of the Sacred

In this note I examine the concept of sacred values. Some commentators have recommended avoiding the question or postponing negotiations until other issues have been settled, whereas others have suggested that few sacred values cannot be rendered into some form of trade‐off (i.e., they are pseudosacred). Here, I follow Scott Atran and Robert Axelrod and argue that ritual and the sacred can be an important component of negotiation and, when addressed effectively, have great potential to break impasse. I first examine the notion of the sacred and its near synonyms, the priceless and the intrinsically valuable. I then look at the issue of valuing life and show that although society places limits on lives as a matter of policy, it paradoxically funds heroic acts, such as mine rescues, which defy economic justification. These acts turn out to fulfill an important symbolic and ritualistic function. Finally, I draw out three implications of the framework for negotiators: negotiators should engage in some form of values clarification among the parties, material compromise by one party does not necessarily indicate that that party's values were not ultimate or that these have been relinquished, and considerable weight should be placed on ritualistic and symbolic gestures with regard to values.     

Personal and Vicarious Experience with the Criminal Justice System as a Predictor of Punitive Sentencing Attitudes

This study examined the impact of prior personal or vicarious experience with the criminal justice system on sentencing attitudes. Existing research on sentencing attitudes has examined factors such as race, gender, income level, political affiliation, and education level, but few research studies have focused on actual contact with the criminal justice system and its influence on perceptions of sentencing as either too harsh or too lenient. The current study utilized data collected by the Roper Center for Public Opinion Research. Over 1,500 respondents were surveyed nationwide in 2006 regarding sentencing attitudes. Logistic regression analysis was utilized to assess the impact of factors of interest on sentencing attitudes. Results indicated that individuals who had been charged with a crime (personal experience), or who had an immediate relative or close friend who had been charged (vicarious experience), were more likely to perceive the criminal justice system as too harsh, regardless of race/ethnicity.