Myths of the insanity defense: Inherent and procedural obstacles

Often societies perceptions can be shaped by the media not only by what it reports but by how it is reported. This article discusses the impact that the American media has had on the social perception that the insanity defense is too often successfully used to avoid legal and criminal culpability. Many of the procedural obstacles associated with the assertion of an insanity defense are poorly understood or ignored. The article further address some of the less attractive characteristics associated with the assertion of the insanity defense that are not procedurally founded but nonetheless serve as an impediment the wide spread use of the defense. In conclusion the insanity defense is submitted as an unavoidable necessary evil in a civilized society that incarcerates its criminals.     

“Purpose versus practice in the use of electronically monitored home confinement”

This paper explores differences between the stated purpose and actual practice of electronically monitored home confinement as a prison-diversion strategy. Methods and data are triangulated to examine the difference between the stated purposes of electronic monitoring and its actual usage in two contexts: 1) the decision to imprison/probate; and 2) the actual use of electronically monitored home confinement. Sentencing information, along with data on employment, family, substance abuse, prior convictions, and type of offense, were collected on 391 felony offenders sentenced to probation in 1987–89 from three counties located in two large Metropolitan Statistical Areas in Texas. Information gathered from interviews with probation officials is also employed. This paper presents an analysis of this data and discusses its implications for future use and evaluation of electronically monitored home confinement.     

How jurors construe “insanity”

Historically and currently, jurors who have rendered verdicts in insanity cases have themselves been criticized and maligned-accused of being simplistic and biased, of lacking understanding, and of disregarding or nullifying the judge's instructions. Are the critics right? In this study, 263 mock jurors (141 adults and 122 students) were asked to decide four insanity cases without instructions, using their own best judgment, and to identify the determinative facts for them, and the meaning of those facts. Those determinative factors were then categorized, using a seven construct schema for NGRI and guilty verdicts. The results show that jurors do make discriminations among cases in terms of constructs, and that these constructs are relevant, complex, and flexible; furthermore, the jurors' lay constructs of insanity are more complex than the legal constructs of insanity. The “simplism,” it seems, lies not with the jurors but with the insanity tests.     

CRIME AS HAZARD: PERCEPTIONS OF RISK AND SERIOUSNESS*

The study of crime suffers from an inattention to the social consequences of criminal acts. Conceiving crimes within the larger context of “hazard,” data are reported on the relative seriousness of conventional and white-collar crimes, as well as other hazards, using a sample of Washington state respondents. The results indicate that there is an inverse relationship between the perceived likelihood of a hazard and its seriousness. Generally, the more immediate the threat of a hazard, such as white-collar crimes, the more serious it is perceived to be. There are also implications from these consequences for perceptions of institutional effectiveness and interpersonal relationships. This suggests that future studies of the consequences of criminality, especially white-collar and corporate violations, might be directed toward the notions of risk and, eventually, social trust.     

Bankruptcy around the World: Explanations of Its Relative Use

The law and finance literature highlights the role of investorrights in financial development, firm corporate governance,and financing patterns. For a panel of 35 countries, we investigatehow bankruptcy use relates to countries’ creditor rightsand judicial efficiency. Bankruptcies are higher in countrieswith more creditor rights, except for a "no automatic stay onassets" provision. Higher judicial efficiency is associatedwith more bankruptcies and appears as a substitute with morecreditor rights. Although only a first step, our findings suggestcreditor rights are complex, balancing prioritization of claims,ex ante risk-taking incentives, and an efficient resolutionof distressed firms.     

The relationship between life satisfaction, risk-taking behaviors, and youth violence

This study builds on existing criminological theories and examines the role of life satisfaction and self-control in explaining youth violence. Using data from a stratified cluster sample of 5,414 public high school students who responded to the South Carolina Youth Risk Behavior Survey, the study examines the relationship between adolescents'perceptions of life satisfaction, behavioral risky acts, and self-reported acts of violence. Analyses indicate that higher levels of life satisfaction are associated with lower violence. Participation in work and involvement in health-related risk-taking behaviors pertaining to sex, drugs, and alcohol are also associated with increased violence. The implications of these findings for criminological theory and for school-based violence prevention programs are discussed.     

Toxicologic aspects of deaths due to falls from height

A prospective study of 161 victims of falls from height is reported. The aim was to determine the interest of systematic qualitative and quantitative toxicological analysis in such fatalities. The primary cause of death was suicide (84.5%), followed by accidents (7%) and homicide (1%). In the remaining 7.5%, cause of death was undetermined. In the suicides, there was evidence of psychotropic medicines in 57% of the observations, with a much higher proportion of benzodiazepines and antidepressants in women than in men. Quantitative toxicologic analysis showed overdosing on medication in 16 suicide victims, with toxic levels in 11 of these. Systematic qualitative and quantitative toxicologic analysis made a significant contribution to the diagnosis of suicide by revealing either an unknown psychiatric treatment or a toxic level.