Victim age and capital sentencing outcomes in North Carolina (1977–2009)

Age is prominent among theories of criminology and victimology. It is less conspicuous in punishment theory, despite its emphasis in retributive theory and lawmaking. The present study evaluated competing ‘years of life lost’ and ‘vulnerable victim’ hypotheses to examine the influence of victim age in capital sentencing decisions. Using case file data on the population of capital murder trials in the State of North Carolina (1977–2009), our findings produce mixed results. Our quantitative analyses suggest that death sentences are significantly less likely in direct proportion to victim age. Killers of elderly victims are less likely to receive the death penalty; conversely, the odds of a death sentences are slightly greater for killers of child victims. Supplementary qualitative analyses suggest that while many child and elderly victims were not per se ‘vulnerable,’ a substantial subset of each clearly were treated as such. We discuss implications for vulnerable victim research and the role of quasi-legal factors in case outcomes.     

Pericardial Cyst: Cause of Sudden Cardiac Death?

Cardiovascular disease is the leading cause of sudden death in the world. The etiology of sudden cardiac death involves a wide range of diseases, but seldom pericardial cysts. A pericardial cyst is an uncommon cyst usually located in the middle mediastinum and rarely in the posterior part. They are usually harmless and asymptomatic. Here, we present a case of a 63‐year‐old woman who presented with dyspnea and hoarseness, but died suddenly after a CT scan was attempted. The detailed forensic pathologic and histologic examination revealed a pericardial cyst located in the posterior mediastinum. Toxicology and biochemistry tests, including tryptase, found no competing cause of death.     

Testing Reliability of the Computational Age‐At‐Death Estimation Methods between Five Observers Using Three‐Dimensional Image Data of the Pubic Symphysis,

In an effort to standardize data collection and analysis in age estimation, a series of computational methods utilizing high‐dimensional image data of the age indicator have recently been proposed as an alternative to subjective visual, trait‐to‐phase matching techniques. To systematically quantify the reproducibility of such methods, we investigate the intrascan variability and within‐ and between‐observer reliability in initial scan data capturing and editing using 3D laser scans of the Suchey–Brooks pubic symphysis casts and five shape‐based computational methods. Our results show that (i) five observers with various training background and experience levels edited the scans consistently for all three trials and the derived shape measures and age estimates were in excellent agreement among observers, and (ii) the computational methods are robust to a measured degree of scan trimming error. This study supports the application of computational methods to 3D laser scanned images for reliable age‐at‐death estimation, with reduced subjectivity.     

A Forensic Entomological Analysis Can Yield an Estimate of Postmortem Interval,and Not Just a Minimum Postmortem Interval: An Explanation and Illustration Using a Case

Several authors claimed that a forensic entomological analysis can never be interpreted as the postmortem interval (PMI), but that it can be interpreted as a minimum postmortem interval (PMI_min), or dead for not less than X amount of time. Because in most instances, a PMI estimate should be a range, that is, the set of values from maximum postmortem interval (PMI_max) to PMI_min, objections to PMI estimation are objections to PMI_max estimation. The arguments for this position did not address the substantial body of literature describing estimation of both PMI_max and PMI_min using insect succession analysis. This report reviews the scientific issues and presents a recent homicide investigation in which several forensic entomology experts used the absence of carrion insects on the corpse, a kind of succession analysis, to estimate PMI or PMI_max.     

Entomological and Cardiologic Evidence of Time Since Death in Short Postmortem Intervals

Estimating the time since death of the deceased is a main goal in forensic investigations, but this can be challenging due to contradictory results derived from different investigations at the scene of death. We present a case of a 78‐year‐old woman, found dead in a small forest with broad‐leaved trees, whose husband had a history of domestic violence. Routinely performed investigations, such as postmortem rectal temperature and lividity, yielded inconsistent time since death results between only a few and longer than 20 h. This difficulty was most likely caused by high ambient temperatures of up to 38.0°C, which negatively influenced the informative value of the applied nomogram method. Additionally, performed entomological investigation of fly maggots (Lucilia illustris) recovered from the corpse and the assessment of heart pacemaker data revealed consistent and incontrovertible results. The presented case highlights the benefits of information provided by entomological investigations and data evaluation of cardiac implantable electronic devices and the combined use of the two techniques.     

计算机数字图像分析在法医学中的研究应用

计算机数字图像分析技术在生物医学领域已经成为一种常规的定量技术。近年来,这一分析技术在推断死亡时间、损伤时间和猝死鉴定方面已经开始发挥作用。     

Predictions of Future Dangerousness in Capital Murder Trials: Is It Time to “Disinvent the Wheel?”

Although recent U.S. Supreme Court decisions regarding the death penalty (e.g., Atkins v. Virginia, 2002) have renewed interest in mental health issues, one topic that has not received much attention recently is the ongoing use of expert testimony to support claims that defendants represent a continuing threat to society. In this article, we (a) review prior research relevant to determining the accuracy of clinical predictions that capital defendants will commit future acts of criminal violence; (b) summarize new data from current and former death row inmates in Texas that bolster the claim that such predictions are gross overestimates of risk; and (c) review extant research addressing the potential utility of various risk assessment instruments that increasingly are being used to reinforce clinical predictions in capital trials. Despite significant recent advances in the field of risk assessment, clinical assertions that a defendant is likely to commit future violent acts appear to be highly inaccurate and ethically questionable at best. Moreover, available research offers little support for the claim that the accuracy of these predictions will be appreciably improved by relying on more structured risk assessment measures that have some demonstrated predictive validity in other contexts.Portions of this article were written while the first author was a member of the Department of Psychology at Sam Houston State University. The prison inmate data reported in this study also are described in a report by the Texas Defender Service, available at:     

谈“死缓”执行中应解决的几个问题

"死缓"是我国死刑的执行制度,在我国刑罚体系中起着重要的作用.但"死缓"在执行中,却遇到了许多实际问题.文章就"死缓"执行中减刑的具体问题和"死缓"执行中因故意犯罪变更为执行死刑的具体问题,作了探讨,并对"死缓"执行中应妥善处理的减刑、故意犯罪等问题提出了相应的建议.     

从中外反腐的经验教训 看全面落实“三个代表”的重要性

纵览中外一些历史王朝的兴亡和世界上一些大党老党的成败,可以看到,人心向背是决定一个政党、一个政权兴亡的根本性因素。新时期,深入开展反腐败斗争是全面落实"三个代表"重要思想的本质要求和题中之义。     

防卫过当概念探微

刑法学界对防卫过当的定义有失科学 ,这源于学者对我国刑法第 2 0条第二款规定的错误解读 ,该规定不是对防卫过当的定义 ,只是对其中构成犯罪的情形做了规定 ;正当防卫的防卫限度条件是“不得超过必要限度造成不应有的损害” ,而不是“不得明显超过必要限度造成重大损害” ;防卫过当既可以构成犯罪 ,也可以是一般违法行为 ,还可以成立意外事件 ,其主观上可以欠缺过错 ;防卫过当可以存在假想防卫中 ,成立假想防卫过当