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.     

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.     

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.     

Comparing Homicide‐Suicides in the United States and Sweden

Research on homicides followed by suicides has largely relied on very localized samples and relatively short time spans of data. As a result, little is known about the extent to which patterns within cases of homicide‐suicides are geographically specific. The current study seeks to help fill this gap by comparing twenty years of homicide‐suicide data for Sweden and a large U.S. county. Although some of the underlying patterns in the two countries are similar (e.g., decreasing rates), a number of important differences emerge, particularly with respect to incidence, weapons used, perpetrator age, and relationship of the perpetrator to the victim.     

The Decipherment of Latent White Board Entries

This case involves an incriminating message written on a white board and erased before the investigators seized the evidence. Investigators inquired about the possibility of recovering the entries and subsequently submitted the board to the Documents and Digital Evidence Branch for examination. In an attempt to recover latent handwritten entries, examinations were conducted utilizing the Foster and Freeman Video Spectral Comparator 6000/Hyper Spectral (VSC 6000/HS). Latent handwritten entries were observed with the use of an excitation band‐pass filter in the range of 485 nm‐610 nm with a longpass barrier filter at 645 nm in front of the camera lens of the VSC 6000/HS. Entries were also recovered and imaged using an alternate light source with the Phase One (P65) imaging system. Multiple latent handwritten entries were recovered utilizing various instruments and lighting techniques. This report discusses the details concerning the examination and the results.     

Intimate Partner Violence Perpetration from Adolescence to Young Adulthood: Trajectories and the Role of Familial Factors

Prior empirical research on intimate partner violence (IPV) in adolescence and young adulthood often focuses on exposure to violence in the family-of-origin using retrospective and cross-sectional data. Yet individuals’ families matter beyond simply the presence or absence of abuse, and these effects may vary across time. To address these issues, the present study employed five waves of longitudinal data from the Toledo Adolescent Relationships Study (TARS) to investigate the trajectory of IPV from adolescence to young adulthood (N = 950 respondents, 4,750 person-periods) with a specific focus on how familial factors continue to matter across the life course. Results indicated that family-of-origin violence and parent-child relationship quality were independent predictors of IPV. The effect of parent-child relationship quality on IPV also became greater as individuals aged. These results have implications for policies targeted at reducing IPV.     

Who’s going to leave? An examination of absconding events by forensic inpatients in a psychiatric hospital

Absconding is a potentially risky event that has wide reaching consequences both for the institution and greater community; however, few studies have examined the characteristics of clients who abscond, their motivations, and details about their absconding event, especially within a forensic context. The purpose of this research was to determine if risk factors could be identified that might predict absconding behavior. A retrospective chart review was conducted of all reported absconding events between 1 January 2012 and 31 August 2015 by clients on forensic units in a public psychiatric hospital in Ontario, Canada. In addition, these clients were matched with a comparison group. Categories of motivations for absconding including goal-directed, frustration/boredom, symptomatic/disorganized, and impulsive/opportunistic were identified. The best indicator of a client’s risk for absconding was having experienced a stressful, significant event in the two weeks prior to the absconding event. Additionally, total scores on the HCR-20 and the presence of a co-occurring substance use disorder differentiated the absconders from the comparison group. This research contributes to our knowledge base regarding absconding events by forensic psychiatric patients and highlights specific targets for clinical staff in assessing risk for absconding and managing privileges leading to more effective care planning.