Forensic Evidence in Homicide Investigations and Prosecutions

Even though forensic evidence is collected at virtually every homicide scene, only a few studies have examined its role in investigation and prosecution. This article adds to the literature by providing the results of a study of 294 homicide cases (315 victims) occurring in Cleveland, Ohio, between 2008 and 2011. Through a logistic regression on open versus closed cases, the collection of knives, administration of gunshot residue (GSR) kits, and clothing at the scene were positively and significantly related to case closures, while collection of ballistics evidence and DNA evidence were statistically significant in the opposite direction. With regard to analysis, the clearance rate for cases with probative results (i.e., matches or exclusions) was 63.1% compared to a closure rate of 56.3% for cases without probative results. However, only 23 cases had probative results prior to arrest compared to 128 cases with probative results after arrest.     

Minimum Criminal Penalties in the European Union: In Search of a Credible Justification

The EU has recently mooted the possibility of harmonising minimum penalties. ‘Minimum criminal penalties’ refers to the lowest sanction available for a judge in a concrete case. Calculating the actual penalty involves legal mechanisms that might mitigate that penalty. Comparative analysis reveals that a distinction needs to be made between minimum penalties included in national criminal codes (in abstracto penalty) and the lowest penalty that might be imposed (in concreto penalty). Although in abstracto minimum penalties are found in the criminal codes of most Member States, they are fiercely opposed in others. In concreto minimum penalties that constitute an absolute limit to the discretion of a judge are even more controversial. Against that background, this contribution reviews whether or not the EU should force the Member States to impose absolute, in concreto minimum criminal penalties. It examines the justifications presented in recent proposals in light of legal and criminological research.     

Haven't We Been This Way Before? Evaluation and the Impediments to Policy Learning

In this paper, we focus on a policy trial that was undertaken in a complex and controversial policy field (Indigenous community development), with the avowed objective of learning from experience in the field . We observe that despite significant implementation effort and quality evaluation, little systematic policy learning occurred. Four impediments are identified: (i) the policy environment was highly politicized and contested, (ii) the results challenged accepted ways of working, (iii) there were no systematic processes for policy learning to occur, and (iv) the learnings were distorted by inter‐agency competition and associated ‘labelling’. We suggest that, in controversial policy fields, the most useful first step in enhancing evaluation‐use is for bureaucracies to institute systematic processes for evaluation findings to be considered, with the aim of elaborating ‘what works’ into a consensual approach to change. Without change of this kind, evaluation‐use will remain a failed area of policy.     

Crime,punishment, family violence,and the cloak of legal invisibility

Abstract

In this article, the authors trace how the Anglo-Australian system of criminal law constructs crime within the family differently from other forms of crime. The zone of legal impunity for intrafamilial crime was carved out by special defences and immunities, such as provocation and marital rape, as well as policing policies and practices that effectively decriminalised “domestic” forms of physical and sexual abuse. Legal impunity was never absolute, and there were notable exceptions where the familial and gendered aspects of the crime in fact aggravated the offence, such as the law's treatment of spousal murder by females as a form of “petty treason”, warranting the most severe punishment of burning at the stake. Reforms in the late twentieth century removed overt forms of gender discrimination from the criminal law, exposing a new legal visibility of crime within “the family”, though as the authors conclude, there are still remnants of differential treatment in fields of sentencing law and practice.     

Play to the Whistle: A Pilot Investigation of a Sports-Based Intervention for Traumatized Girls in Residential Treatment

Adolescents in residential treatment settings have symptoms that prevent them from participation in normal youth activities, which in turn prevent development of social skills and competencies. A sports-based intervention called “Do the Good” (DtG) was designed for this population using trauma-informed treatment principles. This paper describes the intervention model and presents outcome data. A total of 88 female residential students aged 12 to 21 participated, including 62 students voluntarily enrolled in the sports league and 26 treatment-as-usual (TAU) comparisons. Positive behaviors (e.g., helping peers, perseverance) during games were observed and coded for sports league participants and their coaches. Mental health charts of DtG and TAU participants were reviewed for behavior and symptoms prior to program participation, and again post-program. Girls in the sports league exhibited reductions in restraints and time-outs, as well as internalizing and externalizing symptoms. These data provide evidence that sports-based interventions present a promising adjunctive approach for traumatized youth.     

Attitudes toward physician-assisted suicide: Effects of physician background,patient prognosis and patient mental health status

Abstract

The purpose of this study was to investigate views toward physician-assisted suicide (PAS) as patient illness (terminal, not terminal), patient mental health (depressed, not depressed) and physician background (preoccupied, not preoccupied with death) are varied. Participants (N = 211) read a newspaper article and trial summary involving a PAS then gave their impressions of the patient, physician and PAS. Patient mental health did not affect decisions, but the preoccupied physician's testimony was seen as less believable (intent was seen as patient death, not an end of pain and suffering), and he was more likely to be seen as guilty than the non-preoccupied physician (reflected by both verdict and guilt level ratings). The terminal patient was seen as suffering more, wanting suicide more, and making a more rational decision to die than the non-terminal patient. Results are discussed in light of recent legal activity involving PAS.     

Contextualizing sentencing disparities: using conjunctive analysis of case configurations to identify patterns of variability

Using national data from felony cases processed in state courts (n = 48,006), the current study investigates the nature and magnitude of contextual variability associated with sentencing outcomes. Multivariate models are first estimated to identify the main effects of various offender and offense variables on sentencing decisions. Conjunctive analysis is then used to evaluate the contextual variability of each of these main effects across all observed combinations of offender and offense attributes. Separate analyses are also conducted among states with and without mandatory sentencing guidelines to explore whether these guidelines reduce this variability across different contexts. Findings from this study and its comparative methods are discussed in terms of implications for future research on criminal sentencing and assessing the contextual variability of the main effects of particular legal and extralegal factors.     

Knowing your audience: How the structure of international relations and organizational choices affect amnesty international’s advocacy

While research has addressed the effects of international nongovernmental organizations (INGOs) advocacy on human rights outcomes, less is known about how INGOs choose advocacy targets and tactics. We combine insights from political economy and constructivism to understand how INGOs come to choose targets and tactics through the concepts of information and leverage politics, first articulated by Keck and Sikkink (1998), and salience politics, or the need to select cases that energize organization members and donors. INGOs select potential targets for advocacy and choose their tactics based on considerations of leverage potential and political salience, both of which are a function of potential target states’ aid, trade, and security linkages with major Western powers. Using data on Amnesty International’s written advocacy efforts - background reports, press releases, and new data on Urgent Actions - we find robust evidence that Amnesty International accounts for these linkages with Western powers in choosing targets for its advocacy campaigns.     

Investigation into the merits of infrared imaging in the investigation of tattoos postmortem

Infrared imaging has a history of use in the forensic examination of artwork and documents and is investigated here for its wider use in the detection of tattoos on the human body postmortem. Infrared photographic and reflectographic techniques were tested on 18 living individuals, displaying a total of 30 tattoos. It was observed that neither age, sex, age of the tattoo, nor, most significantly, skin color affected the ability to image the tattoos using infrared imaging techniques. Second, a piglet carcass was tattooed and the impact of the decomposition process on the visibility of the tattoos assessed. Changes were recorded for 17 days and decomposition included partial mummification and skin discoloration. Crucially, the discoloration was recorded as greatly affecting the image quality using conventional photography, but was insignificant to the infrared recording of these tattoos. It was concluded that infrared reflectography was beneficial in the investigation into tattoos postmortem.