Compatibility Between Mental Disorder and Mental Capacity: Analysis of a Particular Case of Group Sexual Homicide

Abstract: On the night of August 19, 2000, at the foot of Castel del Monte, an 8‐year‐old girl was brutally murdered. The perpetrators were identified as five young men who captured their victim and sexually abused her. The policemen found the cadaver by following “Mario,” one of the five, who had been discovered lying on the ground, near the castle. Investigation led to demonstrate that the murder was not premeditated. The only desire of the group was to sexually molest the little girl. Mario showed signs of psychiatric pathology and for that he underwent psychiatric evaluation by judicial authorities. Analysis of this case, combined with a criminological and medical‐legal perspective led to conclusions very much different from the expectations of Mario’s defense attorneys. Mario, a marginal figure and seemingly the least intelligent, played the role of group instigator, both in the initiation of sexually abusing the child, as well as in the elimination of an inconvenient witness. However, the group was able to activate Mario’s sadistic fantasies and his sexual perversions, and he ended up in a catalyzing role influencing the behavior of others and realizing what would otherwise remain only fantasies. The circularity of the group allows people like Mario, who are apparently subordinate, to influence the behavior of others. Mario was found to have a mental disorder but it was not sufficient to diminish his personal responsibility related to the crime. In fact, according to Italian judicial code, it is necessary that the motivation for the crime was psychopathological. It was for this reason that, according to Italian law, all of the members of the group were considered to be responsible for the crimes committed and were condemned.     

Does Controlling Behavior Predict Physical Aggression and Violence to Partners?

Using data obtained from women’s shelter residents, male and female students, and male prisoners, this study investigated the association between non-violent controlling behaviors, physical aggression, and violence towards a spouse (N = 264). It was predicted that only men and women involved in intimate terrorism (Johnson, Violence Against Women, 11(12):1003–1018, 2006) would use controlling aggression, and that physical aggression used by those involved in situational couple violence would be unrelated to controlling behavior. Contrary to predictions derived from Johnson’s theory, regression analysis showed that control accounted significant proportions of the variance in the use of physical aggression for all three relationship categories. Some support was provided, however, as it was found that the pattern of both interrelationships of the five types of controlling behaviors, and control and physical aggression, supported Johnson’s distinction.     

我国军婚特殊保护制度的困境与出路

目前我国军婚的特殊保护制度实际上是革命年代立法思想在现代社会的一种继续。它通过限制非军人一方的权利和自由的方式来实现对军人利益保护,有悖于现代法律精神,又导致了婚姻双方权利义务补偿的错位和利益分配的不公,因此,必须本着务实的态度对现有的军婚制度进行必要的改革和重构。     

职场性骚扰雇主责任的法经济学分析

职场性骚扰雇主责任就是雇主要为其雇员的性骚扰行为负责任。通过法经济学的分析,对于监督管理者雇员实施的交换型性骚扰雇主承担严格责任;对于敌意环境型性骚扰雇主承担过错责任。这对预防与抑制职场性骚扰更有效率,同时,可以使社会成本降到最低。     

Radiological determination of the cranial index of present-day Ghanaians

The cranial index (CI) of Ghanaians is currently unknown. The aim of this study was to measure the CI in a population of Ghanaians in order to classify them against pre-determined CI categories. A systematic random sampling method was used to select 300 normal computed tomography (CT) head scans of adult Ghanaians from the largest hospital in Ghana. All patients were deemed to have a normal cranial image configuration based on the radiological report. The biparietal diameter (BPD, width) and the occipitofrontal diameter (OFD, length) were measured on transaxial CT images using a workstation with a calibrated measurement calliper tool. The CI ratio was calculated as the BPD multiplied by 100 and divided by the OFD. Mean, standard deviation (SD) and range were calculated for BPD, OFD and CI. Differences in measurements between demographic groups were compared using an unpaired t-test, with test α set at 0.05. Of the population of Ghanaians included in this study, 165 (55%) were male and 135 (45%) were female. The mean CI was 77.3 ± 3.6 in males and 79.0 ± 3.3 in females, placing both genders in the mesocephalic category. However, the difference between males and females was found to be statistically significant (P = 0.02). The study indicated that most Ghanaian adults belong to the mesocephalic category of CI. Females also had a higher CI, which could be used to differentiate gender groups. This information can be useful for forensic medicine, plastic surgeries for clinical and research purpose.

Key points

• This study found the mean CI of adult Ghanaians to be 78.0 ± 13.0.
• This indicates that most Ghanaian adults belong to the mesocephalic category of CI.
• Females had a higher CI, which could be used to differentiate gender groups.
• To the best of our knowledge, this is the first study which assessed CI of Ghanaians using CT scan.

     

Alcohol and Parasomnias: The Statistical Evaluation of the Parasomnia Defense in Sexual Assault,Where Alcohol is Involved

Sleep sex may be a defense for alleged sexual assault. The International Classification of Sleep Disorders (ICSD3) states: “Disorders of arousal should not be diagnosed in the presence of alcohol intoxication… The former [alcohol blackouts] are exponentially more prevalent.” A panel member of ICSD3, quoting ICSD3 asserts: “alcohol intoxication should rule out a sleep-walking defense”. This implies extremely strong support for a prosecution hypothesis (H_p) over a defense hypothesis (H_d). I use Bayesian methodology to evaluate the evidential probity of alcohol intoxication. The likelihood ratio, LR, measures the amplification of prior odds of guilt, . By Bayes' theorem, . I use data from cross-sectional studies of sexual assault and prevalence of alcohol use, in college students, with data from longitudinal studies, and data from the epidemiology of parasomnias to evaluate LR (alcohol). LR ~1.5 or 5, depending whether alcohol does, or does not, increase the risk of parasomnias. The proposition of extremely strong support for H_p implies a LR ~1,000,000, so the proposition in ICSD3 is not supported by formal analysis. The statistical reasoning in ICSD3 is unclear. There appears to be inversion of the Bayesian conditional (confusing intoxication given assault, and assault given intoxication) and failure to evaluate alcohol intoxication in H_d. Similar statistical errors in R. v Sally Clark are discussed. The American Academy of Sleep Medicine should review the statistical methodology in ICSD3.     

The post-migration sexual citizenship of Latino gay men in Canada

The Cuéntame! study interviewed 25 Spanish-speaking gay and bisexual men in Toronto. Their migration experiences are traversed by economic rationales, security concerns and the embodied experiences of race, gender, culture and sexuality. Most express narratives of empowered opportunity in distancing themselves from restrictive sexual regimes of their place of origin, but at the same time, many migrants trade a new sense of social acceptance as gay for marginalized statuses defined by diminished social and economic capital. The social participatory rights of citizenship are particularly affected by sexuality and social class. The need and desire to establish social and sexual connections in a new environment often characterized by economic vulnerability shape experiences of social capital and citizenship rights.     

Mandibular ramus: an indicator for sex in fragmentary mandible

Mandible is the hardest and most durable bone of the skull exhibiting a high degree of sexual dimorphism. Especially ramus of mandible is subjected to greater stress than any other bone of the skull because of the process of mastication. This study has been performed to establish the osteometric standards for practical use in forensic context over Indian population using mandibular ramus. The sample consists of 116 mandibles of Northern Indian population (M:F; 92:24, mean age 37.4 years), collected from the Department of Forensic Medicine, IMS, BHU, Varanasi. Osteometric informations about five metric parameters (coronoid height, projective height, condylar height, and maximum breadth and minimum breadth of ramus) were taken with sliding calipers. These parameters were subjected to different discriminant function analysis using SPSS 16.0. All parameters showed significant sexual dimorphism (p < 0.001 in all cases) with an overall accuracy of 80.2%, and coronoid height was the single best parameter providing an accuracy of 74.1%.     

Nonmetric sex determination from the distal and posterior humerus in black and white South Africans

The successful identification of human skeletal remains relies on proven diagnostic techniques for sex determination. This research utilized 608 individuals from South Africa (420 men, 188 women) to conduct a blind nonmetric determination of sex from three features of the distal humerus: olecranon fossa shape, angle of the medial epicondyle, and trochlear extension. A scoring system between males and females was implemented, and the aggregate score of the three features determined the estimated sex of the skeletal element in question. With all features combined, black and white South Africans were categorized successfully as either male or female 75.5% (77% accuracy rate for females, 74% accuracy rate for males). This classification rate is lower than what was found in previous studies, but suggests that characteristics of the distal humerus are still quite valuable when estimating skeletal sex. More research is needed to assess reasons for the differential expression of these traits in different populations and to determine whether the method is nonpopulation specific.     

Prevalence of delusional jealousy in psychiatric disorders

Delusional jealousy is a known risk factor for violence and homicide, but little is known about its prevalence in psychiatric disorders. We therefore reviewed retrospectively the psychopathological symptoms at admission and discharge, assessed with the AMDP system, of all patients admitted to the Psychiatric Hospital, University of Munich, Germany, from January 2000 through December 2008 (n=14,309). We identified 72 cases of delusional jealousy (0.5% of the whole sample). The prevalence was highest in schizophrenia and other psychoses (1.3%), and more of the patients with delusional jealousy were men (43 of 72, 59.7%). One-fifth (15 of 72, 20.8%) of the patients with delusional jealousy were aggressive at admission (vs. 6.2% of the total sample). We conclude that delusional jealousy is a comparatively rare phenomenon that is most frequent in schizophrenia and related psychoses. Quite a number of affected patients are aggressive, which may indicate a risk of future violence.