Refining and Resolving the Blur of Gault for Juvenile Capital Offenders in Texas: A World without the Juvenile Death Penalty

Texas's approach to juvenile capital offenders has been profoundly lacking any balance of the interests of accountability and rehabilitation. Texas has employed adult transfer for juvenile capital offenders with potential life imprisonment and possible parole in 40 years and determinate sentencing to adjudicate capital offenders in juvenile court, yielding a maximum sentence of 40 years in prison. Legislative initiatives in the 1990s to curtail parole have led to only 22 percent of violent offenders receiving early release while serving an average of 61 percent of their sentence. Aggravated offenders, including youth capital offenders, serve at least 80 percent of their total incarceration time. Notably the Texas framework does not effectively allow for offenders whose acts were the product of either an undeveloped or disabled mental capability to be punished appropriately and distinctly from those who possess psychotic or antisocial tendencies—or adult offenders. This deficiency is worsened as a result of the recently passed legislation SB.60, which establishes that juvenile capital offenders must receive the sentence of life without the possibility of parole upon conviction. Texas can create a more precise approach with three modifications: (1) centralize all youth capital adjudications to a criminal court, (2) effectuate separate imprisonment and enhanced educational programs for the first ten years of incarceration, (3) implement a “soft-ten” sentence where after the initial ten years of imprisonment the presumption for release favors the offender unless the state establishes that additional time is needed; this determination is primarily based on a complete psychological assessment of the offender.     

试论“命案必破”防误体系的构建

有些人误认为公安部提出“命案必破”就是强调破案率，就是承诺100％的破案，就是宁可错究也不可错放，结果急功近利、造成冤假错案，从而对“命案必破”提出了质疑和否定。究其原因，主要是对“命案必破”理解把握不准所致，只有正确把握和应用好“命案必破”这把“双刃剑”，才能发挥和挖掘其应有的最大价值。     

519例他杀刺创的回顾性研究

本文对５１９例他杀刺创致死的案例进行了回顾性研究．结果显示死者的年龄在１６至３０岁较为突出；１—２处刺创的死者与多于１０处者在杀人动机、现场位置、罪犯与死者关系、致死手段以及血液乙醇检出率等方面存在差异；死于急性失血性休克的５１３例中，４６７例（９０％）检见左心室内膜下出血斑．     

The effects of marital status and social isolation on adult male homicides in the United States: Evidence from the National Longitudinal Mortality Study

With data from the 1979–1985 Longitudinal Mortality Study, we examine the effects of marital status and social isolation on adult male homicide (ICD-9 Codes E960-E978). Cox proportional hazards models were fitted to a 1979–1981 population cohort of approximately 200,000 adult men and their mortality experiences were followed until 1984–1985. Multivariate hazards regression analysis showed that marital status and social isolation are associated with significantly higher risks of homicide victimization. Controlling for age and other socioeconomic covariates, single persons were 1.9 times, and divorced, separated or widowed persons were 1.7 times, more likely to die from homicide than married persons. Socially isolated persons were 1.6 times more likely to become homicide victims. Other adult males with increased risk of homicide victimization were African Americans and those who lived in the inner city.     

Manners of Death in Drug‐Related Fatalities in Florida

To understand the mortality patterns among drug users and potential risk factors, we evaluated drug‐related deaths reported to the Florida Medical Examiners Commission from 2001 to 2013, by substances, demographics, and manner of death. The annual drug‐related fatalities increased by 57% from 2001 to 2013 (total n = 100,882); 51.8% were accidental, 7.9% homicide, 18.6% natural, and 19.6% suicide. The different manners of death exhibited distinct demographic profiles and drug composition. The gender gap was more prominent in homicide. Age ≥55 years was more closely associated with natural death and suicide. Age <35 years and central nervous system (CNS) stimulants including amphetamines and cocaine showed higher relative risks for accidental death and homicide, whereas CNS depressants including benzodiazepines, carisoprodol, opioids, and zolpidem were more strongly associated with accidental death and/or suicide. The findings aid in identifying populations more vulnerable to drug‐related deaths, developing targeted interventions and thereby improving efficiency of preventive efforts.     

The making of an expert detective: the role of experience in English and Norwegian police officers’ investigative decision-making

Biased decision-making in criminal investigations can impede or arrest the progress of justice. Previous research has not systematically addressed the effects of professional experience on the quality of detectives’ decision-making. Using a quasi-experimental design, this study compared the quality of investigative decisions made by experienced detectives and novice police officers in two countries with markedly different models for the development of investigative expertise (England and Norway). Participants (N?=?124) were presented with two semi-fictitious cases and were asked to report all relevant investigative hypotheses and necessary investigative actions in each case. The quality of participants’ responses was gauged against a gold standard established by a panel of senior homicide experts. In the English sample, experienced detectives vastly outperformed novice police officers in the number of reported gold-standard investigative hypotheses and actions. In the Norwegian sample, however, experienced detectives did not perform any better than novices. We argue that English (vs. Norwegian) detectives may benefit more from professional experience due to their Professionalising Investigation Programme and a nationwide accreditation program, requiring them to engage in extensive standardized training, systematic evaluation and synchronized development. In contrast, Norway lacks such requirements. Methodological limitations and implications for police training and accreditation policies are discussed.     

Exploring the potential of stricter gun restrictions for people with serious mental illness to reduce homicide in the United States

This study explores the potential that current efforts to limit access to firearms for individuals with serious mental illness (SMI) have for reducing overall rates of murder by firearm in the United States. Official arrest, court and health records provided data on personal and offense characteristics of 95 individuals with SMI and 423 without, all of whom had been convicted of murder in the State of Indiana between 1990 and 2002. Bivariate analyses examined differences between the two groups and logistic regression models examined the relationship between SMI and offense characteristics. Compared to those without, a relatively small proportion of convicted murderers had a diagnosis indicating SMI. The presence of SMI was associated with reduced likelihood of targeting a stranger and was not associated with having multiple-victims or firearm use. Focusing on access to firearms exclusively by individuals with SMI will have little impact on multiple-victim or firearm-related homicides.     

Twenty years of femicide in Milan: A retrospective medicolegal analysis

Femicide constitutes a leading cause of premature deaths for women, yet it has been the subject of limited research until recently. Enhanced data collection and analysis on killings of women and girls are necessary to understand and address this unrelenting phenomenon. This study examines all cases of female homicide encountered at the Institute of Legal Medicine of Milan (Italy) spanning from 1999 to 2019; data from 2020/2021 were shown separately given the bias that the forced cohabitation and stay at home during the lockdowns of the SARS-CoV-2 pandemic may represent regarding violence against women and femicide. In this study, specific factors were considered, including the age and nationality of the victims, the place of recovery of the bodies, the victim’s relationship to the perpetrator and the injuries they suffered. As a result, 200 female killings were found among the over 15,000 autopsies and 535 homicides investigated at the Institute of Legal Medicine of Milan from 1999 to 2019, representing an average of 9.5 femicides yearly. The majority of victims were Italian (74%) and half were aged between 18 and 49 years old. The killings were overwhelmingly committed in the domestic setting (78.5%) by male perpetrators (at least 85%), related to the victims as intimate or ex-intimate partners and members of the family (73.5%). The homicides were mainly perpetrated with sharp (32%) or blunt instruments (21.5%), shooting (18.5%) and asphyxiation (16.5%). This study is part of a growing effort to enhance data collection and analysis on femicide. Studying and monitoring the rates of femicide (or “femicide watch”) will permit to better understand, reduce, and finally end femicide globally.     

论司法权的民主特性与现代趋势——以刑事诉讼为展开

有证据表明司法权的民主特性是人类早期社会的普遍规律。2005年《关于完善人民陪审员制度的决定》实施以来,司法权的民主特性获得了进一步凸显,但实际上除人民陪审员和人民监督员制度之外,司法权的民主特性并没有及于更大的视野。以刑事诉讼为例,无论是当事人主体地位与诉讼权利、律师辩护、刑事和解,还是社会公众参与司法和媒体监督司法,都应当是司法权民主特性的体现。将司法权民主特性做广义的理解,是对司法权现状和未来发展趋势的基本把握,有助于强化刑事诉讼中的人权保障和实现程序正义。     

An Empirical Study of Rape in the Context of Multiple Murder

In recent years, multiple homicide offending has received increased research attention from criminologists; however, there is mixed evidence about the role of rape toward the perpetration of multiple murder. Drawing on criminal career data from a nonprobability sample of 618 confined male homicide offenders selected from eight U.S. states, the current study examines the role of rape as a predictor of multiple homicide offending. Bivariate analyses indicated a significant association between rape and murder charges. Multivariate path regression models indicated that rape had a significant and robust association with multiple murder. This relationship withstood the confounding effects of kidnapping, prior prison confinement, and prior murder, rape, and kidnapping. These results provide evidence that rape potentially serves as a gateway to multiple murder for some serious offenders. Suggestions for future research are proffered.