Act Of Homicide Research Articles

Brain Death: The Dilemma Continues

Despite being introduced over half a century ago and having undergone multiple refinements, the debate surrounding brain death persists within the medical community. Acknowledging the premise that brain death is not synonymous with actual death[i] but rather a novel construct introduced to meet societal demands gives rise to a series of quandaries for Muslim physicians. If brain death is not acknowledged as death under Islamic law, the harvesting of organs from individuals declared brain dead would be construed as an act of homicide. Additionally, granting consent for "deceased" organ donation might be perceived as granting authorization for the cessation of one's own life in the operating theatre. Keywords: Brain Death; Islamic Death; Islamic Bioethics; Deceased Organ Donation Citation: Hussain A. Brain Death: The Dilemma Continues (Editorial). Anaesth. pain intensive care 2024;28(1):01−04; DOI: 10.35975/apic.v28i1.2386 Received: January 01, 2024; Accepted: January 10, 2024

How are the homicidal women in Spain? A case series

IntroductionHomicides committed by women are of special scientific and social interest. In forensic literature, common characteristics differentiating women’s homicide of those committed by men have been observed. These characteristics concert the act of homicide itself, and also the victims and aggressors characteristics. Our objective is to find if in Spain, homicides committed by women present such characteristics or substantial differences exist. Material and methodWe analysed a case series (n=18) of homicides committed by women. We evaluated their biography, homicide characteristics, previous mental illness history and drug use, and data of interest concerning the legal procedure. ResultsIn our sample, as highlighted differences between our study and others, we found less traumatic events in the biography of women who have a homicide conviction. We also found less history of previous aggresions and threats to the women by their victims. Final ConsiderationsMore studies are necessary to confirm these findings.

¿Cómo son las mujeres homicidas en España? Una serie de casos

IntroductionHomicides committed by women are of special scientific and social interest. In forensic literature, common characteristics differentiating women's homicide of those committed by men have been observed. These characteristics concern the act of homicide itself, and also the victims and aggressors characteristics. Our objective is to find if in Spain, homicides committed by women present such characteristics or substantial differences exist. Material and methodWe analysed a case series (n = 18) of homicides committed by women. We evaluated their biography, homicide characteristics, previous mental illness history and drug use, and data of interest concerning the legal procedure. ResultsIn our sample, as highlighted differences between our study and others, we found less traumatic events in the biography of women who have a homicide conviction. We also found less history of previous aggresions and threats to the women by their victims. Final considerationsMore studies are necessary to confirm these findings.

Trial by Motive

This article examines the implications of the High Court ruling in The Queen v Baden-Clay(‘Baden-Clay’)1 for future murder accused with strong motives for killing their spouses who deny all knowledge of their deaths. The article argues that apart from underlining the risk run by any criminal accused who opts to remain silent at their trial, the reasoning of the Court has left open the possibility that a conviction of murder could become a ‘default’ verdict under Queensland law in the absence of clear evidence of manslaughter, once the act of homicide has been proved. It has also provided a ‘pro-Crown’ precedent for future cases in which a conviction may be obtained by means of items of purely circumstantial evidence, not all of which are established beyond reasonable doubt.

Exploring the interrelationship between alexithymia, defense style, emotional suppression, homicide-related posttraumatic stress disorder and psychiatric co-morbidity

This study investigated the interrelationship between alexithymia, defense style, emotional suppression, posttraumatic stress disorder (PTSD) following homicide and psychiatric co-morbidity. One hundred and fifty male homicide perpetrators and 156 male perpetrators of non-violent crime completed the Posttraumatic Stress Diagnostic Scale (except for non-violent perpetrators), the General Health Questionnaire-28, the Defense Styles Questionnaire, the Courtauld Emotional Control Scale and the Toronto Alexithymia Scale-20. The results showed that 44% of homicide perpetrators met the criteria for PTSD. No significant differences were found between groups in alexithymia, defense style and psychiatric co-morbidity. Homicide perpetrators suppressed depression significantly more than the non-violent group. PLS analyses showed that alexithymia was significantly correlated with defense style. Defense styles were significantly correlated with emotional suppression which, in turn, was associated with homicide-related PTSD and psychiatric co-morbidity. To conclude, perpetrators can experience PTSD reactions following the act of homicide. The severity of these reactions and other psychological problems were related to difficulty getting in touch with distressing emotions, the defenses they used to protect themselves psychologically and the way they suppressed their emotion.

Kierowanie wykonaniem samobójstwa i polecenie jego wykonania w polskim prawie karnym

Zgodnie z art. 151 k.k. podlega karze, kto namową lub przez udzielenie pomocy doprowadza człowieka do targnięcia się na własne życie. Niezwykle syntetyczne ujęcie rzeczonego przepisu skutkuje występowaniem na jego gruncie wielu problemów interpretacyjnych. Jednym z nich jest zagadnienie właściwej kwalifikacji prawnej kierowania wykonaniem samobójstwa oraz polecenia jego wykonania. Wskazać można w tym zakresie dwie możliwe propozycje interpretacyjne. W myśl pierwszej z nich kierowanie wykonaniem samobójstwa należałoby zakwalifikować jako doprowadzenie człowieka do targnięcia się na własne życie w drodze udzielenia mu pomocy, polecenie wykonania samobójstwa zaś –jako doprowadzenie człowieka do targnięcia się na własne życie w drodze namowy. Druga z propozycji przewiduje z kolei, że kierowanie wykonaniem samobójstwa oraz polecenie jego wykonania należałoby zakwalifikować tak, jak to czyni zdecydowana większość doktryny, a więc jako wykonanie zabójstwa człowieka. Każda z ww. koncepcji może budzić wątpliwości. Utworzenie koncepcji nowej natomiast najprawdopodobniej raziłoby sztucznością. W przekonaniu autora niniejszej publikacji ostatecznie należy się opowiedzieć za rozwiązaniem, że kierowanie wykonaniem samobójstwa oraz polecenie jego wykonania są zachowaniami, którymi przekracza się normę sankcjonowaną zawartą w art. 151 k.k. Pogląd ten wynika z przeświadczenia, że jeżeli stoi się przed koniecznością wyboru jednego spośród złych rozwiązań, należy wybrać to z nich, które jawi się jako mniejsze zło.

‘Irresistible impulse’: historicizing a judicial innovation in Australian insanity jurisprudence

In twentieth-century Australian criminal law a distinctive departure from the M’Naghten Rules developed as a critique of the discourse of reasoning and verdicts applying in the relevant English trials from the 1880s. The English verdict of ‘guilty but insane’ was criticized by the leading jurists as contradictory. In a sequence of influential judgments, the jurist Owen Dixon articulated an approach to the insanity defence that made room for a medico-legal discourse which broadened the possible referents of what it meant to ‘know’ the legality of an act, and also acknowledged the complex behavioural factors that might determine an act of homicide. This paper explores the shaping and significance of this departure and its comparative judicial, medical and social contexts. A concluding discussion considers whether the more flexible interpretation of the insanity defence implied by the direction of Dixon’s decisions made as much of a difference to frequency of use of the defence as the contemporaneous decline and eventual abolition of capital punishment.

Patient Deaths in New Orleans: Mercy Killing or Palliative Care?

Patient Deaths in New Orleans: Mercy Killing or Palliative Care?

An act of homicide and what it brings to mind: A case presentation

There are many views and studies as to the motive, manner, and victim of homicide, which is one of the severest forms of violence. The case presented here is that of a man who was strangled with a nylon ligature by his prison cellmate who later stabbed his victim's eyes with a piece of wood and a nail and slashed his face. The study is presented with respect to how the murder was committed and how the defendant was evaluated.

La récidive dans l'homicide pathologique. Étude descriptive et analytique de douze observations

This descriptive and analytic study concerns 12 men who committed homicide recidivism and were under compulsion admitted to the maximum-security hospital for insane in Cadillac, near Bordeaux, between 1 st January 1990 and 1 st January 2005. These patients murdered 17 victims at their first crimes and 18 during the following homicides. There are 6 cases of schizophrenia (50%) usually of paranoid type, 2 cases of persistent delusional disorder (17%), 2 cases of moderate mental retardation (17%), respectively one case of schizo-affective disorder and of pervasive developmental disorder (8%). Mean age for the first crime is 28,2 years (SD 9,8; range 14–42) and 37,8 years for the second (SD 12; range 23–64). Mean interval between criminal events (2 to 5 homicides by patient) is 8,9 years (SD 8,6; range 0–28). Most of the 35 victims are not family relatives (83%) but the murderer knew them before (74%). One third of homicide recidivism occurs against another patient during hospitalisation (4 cases) or against another prisoner in jail (2 cases). The act of homicide often seems to be impulsive and very violent. The weapon used is frequently the one that just comes to hand at the time. Criminal background and acts of violence linked to murders, especially assault and battery (75%) and attempted murder (50%), are frequent in lifetime. Three patients have committed at least one attempted murder before the first homicide. Clinician and expert knowledge of previous psychiatric, legal and violent criminal history of these patients is essential in prevention of recidivism.

Homicide in Adana, Turkey

Violence is a significant public health problem. Thus, so as to prevent this problem, homicide, the severest form of violence depriving a human being of his right to live, deserves a detailed examination. This study is a retrospective research examining the 2951 cases of medicolegal autopsies in Adana during a period of 5 years (1997-2001). Among these cases, 620, which were determined to be homicidal, were taken into the scope of this study. The cases were examined with respect to sex, age groups, the method used during the act of homicide, the number and the localization of the wounds on the body. A total of 620 (21%) of the medicolegal autopsies conducted within this period were homicides. Of these cases, 515 (83.06%) were male and 105 (16.94%) female, and the rate of the males to females was 4.9; 72.74% of the victims were between the ages of 21 and 50. It was seen that 54.83% of the homicides involved firearms, while 35.16% of the victims were stabbed to death with a cutting object. It was also determined that the victims suffered a single wound in 47.35% of firearm-related murders and 29.35% of stabbings resulted in death. Alcohol was found in the blood of 7.58% of the homicide victims, while none had any illicit drugs.

A Fatal Chronic Ketamine Poisoning

A few papers in the literature reported incident deaths by acute ketamine poisoning. In this paper, we report an unusual homicide caused by chronic ketamine poisoning. The victim was a 34-year old married woman with no previous medical history (except as reported herein) who died in her own home. The court investigation revealed that she was chronically poisoned by her husband over a period of about one year in an act of homicide. Determination of ketamine concentrations in autopsy specimens was carried out with gas-chromatography/mass spectrometry (GC-MS). The results showed that ketamine concentration was 21 microg/mL in gastric contents, 3.8 microg/mL in blood and 1.2 microg/mL in urine. The most striking forensic findings were cardiac muscle fibrosis and hyaline degeneration of small arteries in victim's heart, the pathological features of ketamine poisoning previous reported only in animal studies.

Degré d'organisation du crime de parricide pathologique : mode opératoire, profil criminologique. À propos de 42 observations

This descriptive study concerns 42 men who committed parricide and were admitted under compulsion to the maximum-security hospital for dangerous insane patients in Cadillac, near Bordeaux, between 1963 and 2003. Mean age was 29.9 years. Most were single, living with their parents and had no profession. There were 35 cases of schizophrenia (83.3%) usually of paranoid type, six cases of persistent delusional disorder (14.3%) and one case of substance-induced psychotic disorder (2.4%). The disorder had lasted in general from 1 to 5 years (40.5%) or in some for more than 10 years (33.3%). Auditory hallucinations were frequent and the delusions were mostly of the persecution or influence type. The act of homicide often seemed to be an emotional reaction of defence, with no apparent motive, impulsive, very violent and committed within the family household. The weapon used was frequently the one that just came to hand at the time. The modus operandi of the crime was as follows: totally disorganized in 30 cases (71.4%), mixed in nine (21.4%) and moderately organized in three (7.1%). There was no real difference between schizophrenics and paranoiacs regarding degree of organization of the crime. Typological analysis of the acting out revealed that most of the crimes were of the behavioural type: aggressive, affective, expressive. The 49 victims were in decreasing order the mother (49.0%), the father (40.8%) and the grandparents (10.2%). Mean age of the victims was 61.8 years. While homicide is usually described as occurring in a paroxystic state of delusion and sudden emotion, many psychotic express a former feeling of relational blockage, being stifled, frustration, failure and persecutory homicidal hate towards the future victim. The forensic consequences are then envisaged with frequent application of the former article 64 or the present article 122-1 of the French Criminal Code.

Review of: Juvenile Sexual Homicide

Abstract Wade Myers presents a comprehensive and fascinating examination about juveniles who commit sexual homicide. Juvenile Sexual Homicide is a unique contribution, in that it is the first empirical, systematic study ever conducted on this population. Sexual homicide is understood as a murder that has an identifiable sexual component connected to the act, often demonstrated by either an overt behavior or having symbolic significance. Although the act of sexual homicide is a rare event, Dr. Myers painstakingly identified and studied 16 male juveniles who committed at least one sexual homicide. The text is intended, in part, to identify and understand the psychopathology, personality, and behavioral characteristics within a group of 16 male juveniles. The book is divided into three sections, beginning with a general discussion regarding the scope of the research and presents the methodology used to gather, analyze, and interpret the findings. Section two examines the juvenile's behaviors, taking into account the various criminal aspects identified, and applies the known case data to psychiatric and psychological diagnoses, particularly focusing on the juvenile's personality structure and psychopathic characteristics observed. The text concludes by providing the reader with a typology of these offenders, and devotes a chapter to elderly female victims, an increasing concern for law enforcement.

Post-Traumatic Stress Disorder in mentally ill perpetrators of homicide

An act of homicide can lead to PTSD symptoms in the perpetrator. This study investigates the prevalence of PTSD in a sample of homicide perpetrators specifically related to the offence. It also examines associated characteristics of the offender and victim. Of a total sample of 29 mentally ill in-patients, 19 were assessed using the Clinician administered PTSD Scale (CAPS). The prevalence of partial PTSD was also measured. Lifetime prevalence of PTSD following homicide was 58% with an additional 21% having partial PTSD. Offenders were more likely to develop PTSD if the victim was a family member or if they did not report suffering early adverse events in childhood. This finding constitutes a high prevalence of PTSD in this sample. The authors emphasize the importance of early recognition of PTSD in the treatment of mentally ill perpetrators of homicide.

Killing and the king: Numa's murder law and the nature of monarchic authority

The author makes the argument that the presence of a murder law during the Roman monarchy and the absence of such a law during the republic reflects the difference in the nature of authority in these two political institutions. The centralized authority of the monarchy demanded a control over the right to kill. An act of homicide practised by another infringed upon the king's authority and so a murder law was promulgated. When the Romans expelled their kings, authority devolved onto individual patres and this decentralized leadership under the republic meant that the act of homicide was no longer a matter of concern for the state.

Application of the doctrine of double effect in end stage disease.

The aim of this article is to explore the doctrine of double effect and to identify whether it is appropriate to use the doctrine, and if so when, in end stage disease. The legal principles of the doctrine of double effect will be explored through the examination of three recent cases involving the death of a patient in the UK. The legal distinction between the doctrine of double effect and the intentional act of homicide will be discussed.

The Organizational Model for Workplace Security

The definition of workplace violence is a any act of harassment (including sexual harassment), intimidation, threat, rape or homicide that takes place at a victim's place of employment. When the statistics for workplace violence are looked at, it is easily understood why workplace security is rapidly becoming a problem for many organizations. The situation that provokes workplace violence does not necessarily have to start in the workplace or and the act of violence does not necessarily have to happen in the workplace for organizations to be concerned. Many organizations are just learning that violence can occur anywhere at anytime and they must be prepared to cope with the situation. This means they must take a look at their preparedness and decide what they need to do to not only increase preparedness but also to understand what procedures they do day to day that might affect a potentially violent situation. Organizations need to ask tough questions as to their hiring procedures, termination procedures, and security procedures. In today's society, this increases from the aspect of global terrorism and how well are they prepared for the potential of a terrorist attack. Security in the workplace will continue to be a concern but by following specific procedures and processes the risk of a situation happening can be significantly reduced.

Editorial

It would not be appropriate to describe the latest report from the National Confidential Inquiry for Homicides and Suicides by People with Mental Illness as ‘good news’. For, whenever an act of suicide and homicide is perpetrated, there will inevitably be relatives and friends grieving over the loss of loved ones.

Horizontal distance and height determining falling pattern

Falling from a height, usually from a building, occurs ordinarily in suicide, in some accidents, and sometimes as an act of homicide. The point of trajectory, the horizontal distance and the impact point are closely related to the initial velocity, angle and height. This study examines the falling pattern in order to determine the mental status of the jumper as well as the manner of death. Initial velocity is found using horizontal movement and height. A serial study of athletes performing both the running jump (long jump) and standing jump (swimmer's start jump) via biomechanical methods is described. The initial velocity of the running jump and standing jump in normal athletics is 9.15 and 2.70 m/s with initial jumping angles of 21 and 38 deg, respectively. The maximal horizontal velocity of 9.15 m/s is closely related to maximal strength of initial velocity, angle of engaged force, and height. Theoretical estimation of the initial velocity between 2.70 and 9.15 m/s is correlative with the unique initial velocity and running jump to fall from a height that is closely related to the voluntary and attempted jump. Hence, the jumping victim with an initial velocity higher than 2.70 m/s implies suicide. These results indicate that horizontal distance and height are legitimate measures to use in speculating on the falling pattern and the manner of death. A unique case of suicide involving a run and jump with initial velocity greater than 2.70 m/s is illustrated.