The U.S. maintains some of the most punitive sentencing policies, but public opinion plays a role in justice policy. Although the public generally supports rehabilitation and less punitive sentencing for juveniles, less is known about public attitudes toward sentencing emerging adults (18-to-25-year-olds)-a population disproportionately represented in the criminal justice system. This paper analyzes data from an experimental survey with factorial vignettes administered to college students to examine emerging adult age and biopsychosocial factors on sentencing punitiveness. Chi-squared and one-way ANOVAs were employed to evaluate group differences and multinomial logistic regression to examine the effects of the randomized factors on the sentence outcomes. The biological and psychological trauma experienced by the defendant convicted of homicide in this study were mitigating factors in emerging adult sentence punitiveness. The results provide insight into potential jurors' and future criminal justice professionals' consideration of biopsychosocial information in sentencing directly impacting justice-involved emerging adults.

Insanity defense for all? The Arab minority in Israel's psychiatric and legal systems.

Abstract Homicide suspects in the United States have sometimes maintained, and prosecutors and juries have sometimes agreed, that their crimes were less serious or were justified entirely if they were responding to homosexual advances by their victims. Studies of such a defence’s use have, with a single exception from 1868, been confined to the period after 1920. A newspaper search, modelled on one used to explore another supposed ‘unwritten law’, identifies nine additional instances between the Civil War and 1914. In the most notable of them, the murder of Joseph Frye in Boston in 1879, such advances were all but explicitly recognized as constituting legal provocation that mitigated the crime. In this and other cases, a credible invocation of the defence seems to have lightened the killer’s punishment when any was imposed.

The aim of the present study is to examine the links between high intentional homicide rates and alcohol abuse in the context of social transition in Lithuania. According to the extant literature, both the increase in homicide rates and the increase in alcohol abuse have a negative impact on public health and are often associated with challenges at the macrosocial level. In recent decades, Lithuania has experienced substantial political, economic, and social transformations. Lithuanian society has transitioned from a Soviet regime to embrace the Western principles of liberal democracy. Yet, despite positive political and economic progress, Lithuania remains a country with one of the highest homicide and alcohol-related harm rates in the European Union. These characteristics have made the Lithuanian homicide situation a captivating topic for a range of international and national studies, expert analyses, and evaluations. Unfortunately, the lack of reliable and consistent data on homicide continues to obstruct researchers from delving deeper into the analysis and explanation of the homicide phenomenon in Lithuania. To mitigate this issue, in this work, we present thoroughly collected and processed historical data on intentional homicide trends from 1961 to 2022. We also examine changes in the rate of homicide suspects, including their socio-demographic characteristics and alcohol intoxication for the 2004–2022 period. Finally, we investigate changes in homicide mortality rates and homicide victims’ socio-demographic characteristics. Our analyses are based on data sourced from the Lithuanian Special Archives, as well as national and international databases of crime statistics and demographic data. We noted a continuous decline in intentional homicide rates after the steep increase in 1989–1994. Furthermore, between 2004 and 2022, more than half of intentional homicide suspects were under the influence of alcohol. These findings are discussed in the broader context of societal changes in Lithuania.

Building on ethnic blame discourse, the social threat hypothesis, and media bias theories, this article makes a quantitative interreality comparison between homicide news coverage and homicide statistics in Baton Rouge, Louisiana—a city with one of the highest homicide rates in the United States of America. Findings reveal that Whites made up 2% of homicide victims in 2018 in Baton Rouge, but represented almost 40% of homicide victims in the news. Press releases issued by local law enforcement also overrepresented White homicide victims, as did follow-up stories. Findings on homicide suspects showed that Whites and Latinos were overrepresented, and Blacks were underrepresented.

The criminal profiling technique, developed in the second half of the last century, has proved to be a useful resource as an investigative technique, especially when conventional techniques have not been productive and is closely associated with the Behavioral Sciences and with Forensic Criminology, being used to direct to investigate by reducing the number of suspects in a crime. Among the various methodologies available, the Crime Scene Analysis stands out, popularly known as the “FBI Method”, developed by agents from the Behavioral Science Unit (BSU - Behavioral Science Unit) of the FBI (Federal Bureau of Investigation, an organ American investigation agency of federal autarchy, which has certain similarities to the Federal Police of Brazil) from the 1980s. In this article, the application of such methodology for the initial characterization of the criminal profile of homicide suspects ant authors in the city of São Paulo through the study of real cases in which the author worked, performing the examination of the crime scene.

The United States has the highest per-capita incarceration rate and the largest prison population in the world. More than two thirds of recently incarcerated individuals will be arrested again within 3 years of release and may commit crimes as serious as homicide soon after discharge. The pattern of homicidal violence currently remains unknown for recently incarcerated homicide suspects (RIHS) and their victims. A retrospective analysis of the 36 states included in the 2003 to 2017 National Violent Death Reporting System was performed with a focus on RIHS and their victims. Pearson χ2 and Wilcoxon rank sum tests were used for comparison. There were 249 RIHS in the database of the 14,561 homicides where suspect recent incarceration status was documented. Compared with not-recently incarcerated suspects, RIHS were more likely to be White (41% vs. 29%, p < 0.001) and male (97% vs. 91%, p < 0.001). Recently incarcerated homicide suspects more often had a known relationship with the victim (75% vs. 51%, p < 0.001), and these homicides more often occurred in the victim's own home (43% vs. 34%, p = 0.006). Intimate partner violence was a factor in 31% of the RIHS cases (vs. 17%, p < 0.001). The homicide weapon was most likely to be a firearm (57.8%, p < 0.001). Only 6.4% of homicides were due to mental health illness. Gang violence, while more common in the RIHS group, was still only a precipitating factor in 12.0% of the homicides (vs. 7.4%, p = 0.006). Recently incarcerated homicide suspects are more likely to kill a known person in their own home with a firearm, and these homicides are frequently categorized as intimate partner homicides. Gang violence and mental health are not frequent precipitating factors in these deaths. Additional future interventions are urgently needed to eliminate these preventable deaths by alerting previous or current intimate partners of those being discharged from the prison system.

Previous research examining the association between criminal suspect’s race and the likelihood of arrest has produced inconsistent findings. Social scientists remain unsure as to whether Black or White criminal suspects have a higher probability of arrest. Still others find no substantive association between a criminal suspect’s race and the likelihood of arrest. This study contributes to the extant literature by examining the relationship between a criminal suspect’s race and the arrest sanction for the crime of homicide while controlling for the strength of physical evidence linking the criminal suspect to the crime. Although strength of physical evidence against a defendant in a criminal case has been repeatedly shown to be important in determining a variety of criminal justice processing outcomes, it has typically been excluded from research studies examining the arrest decision due to data limitations. Logistic regression results show that Black homicide suspects are not more likely than similarly situated White homicide suspects to be arrested by police. Results also show that Black-on-White homicides are not more apt than other offender–victim racial combinations to culminate in an arrest. Based on these findings, it appears that a homicide suspect’s race does not play a noteworthy role in influencing the likelihood of arrest after accounting for the strength of physical evidence gathered against the criminal suspect in the case.

This paper presents a study that analyses all available homicide trials in Slovenia between 1991 and 2015 for neuro-evidence. Almost every fifth case discusses neuroscience. The most prevalent type of neuro-evidence is neuro-psychological testing, less common are structural neuroimaging and electroencephalography, while we discovered no use of functional neuroimaging. The two largest categories of neurological conditions suffered by defendants are traumatic brain injury and brain damage due to long-term alcohol and drug abuse. When presented, neuro-evidence affected courts’ decisions in 85% of trials (15% of all tried homicide cases) and had an impact on the criminal sentence or another outcome of the trial in 79% of cases. By far most often neuro-evidence affects decisions regarding criminal capacity, ie insanity and (substantially) diminished capacity, which, in turn, strongly reflects in criminal sanctions. Neuroscience information is typically used to mitigate or even reduce the sentence, but never as an aggravating circumstance. It is also frequently utilized to support decisions about medical security measures (compulsory psychiatric treatment). This study further suggests that the double-edged sword of neuroscience is an elusive concept and that the mechanism by which neuroscience affects courts’ decisions in civil-law systems is different from the one in common-law jurisdictions.

Background and objectiveThis project links population data to the Wisconsin Violent Death Reporting System (WVDRS) to determine the extent to which firearm possession criteria are being followed as well as...

This retrospective study reports on (a) the prevalence of malingering in a sample of 20 homicide defendants seen in jail settings for criminal responsibility evaluations, and (b) the feasibility of the Schedule for Nonadaptive and Adaptive Personality (SNAP) for malingering detection in this sample. Based on previous non-clinical simulation research, it was hypothesized that the SNAP validity scales would predict group membership for homicide defendants malingering psychopathology. Those with intellectual disabilities or psychotic disorders were excluded. Diagnostically, nearly one half of the sample had Diagnostic and Statistical Manual of Mental Disorders (4th ed., text rev.; DSM-IV-TR) personality and substance use disorders. Point prevalence of malingering was 30%. Using the criterion of any SNAP validity scale score in the clinical range ( T ≥ 65), a reasonable sensitivity was demonstrated in the detection of malingering (83%), yet this outcome was hindered by a high false positive rate (64%). This study suggests further exploration of the SNAP for assessing malingering in forensic populations is warranted.

Focusing on the prosecution of homicide cases, this essay analyzes the operation of the criminal justice system in New Orleans from 1920 through 1945. Despite the far-ranging legal and institutional developments of the era, few homicide suspects were convicted—only 17.8 percent. Race-based patterns of prosecution and conviction, however, diverged during this period. For white suspects, conviction rates dropped by one-third, while for African American suspects they tripled, rising from half the white rate to double the white homicide conviction rate, as the New Orleans criminal justice system emerged as a key tool to fend off challenges to Jim Crow.

This article examines the impact of acquittal of homicide defendants on the families of the homicide victim(s), illustrating how the families’ trauma was framed and complicated by the criminal justice process. Homicide trials had particularly compounded their trauma because to manage and partially repair the shattered reality wrought by the homicide, the families were compelled to construct moral and causal narratives about the event. Yet, defense counter-narratives conflicted with those of the families, and the acquittal validated those as truth. This fractured the families’ repair work, denied their claims to victimhood, and prolonged their bereavement indefinitely.

This research examines prosecutorial decision making at the initial charging stage in Chicago homicide cases during the late 1990s. The objectives of this investigation are to determine whether African Americans were prosecuted more severely than similarly situated White and Latino defendants in Chicago homicide cases prior to the abolition of the death penalty in Illinois and to identify the factors that affected how severely prosecutors prosecuted defendants during that time. The study participants are adults who were identified by the Chicago Police Department as suspects in homicide incidents during the years of 1994 and 1995 and whose cases were selected for prosecution. Other relevant factors that may have influenced charging decisions include the defendant–victim relationship, the homicide circumstances, and the number of victims in a particular homicide incident. General linear regression modeling is used to determine the factors that affected how severely prosecutors prosecuted Chicago homicide defendants. Charge severity is measured by the number of charges of Class M felony murder that were filed against a defendant. The results indicate that prior to the moratorium on the death penalty in Chicago, all defendants studied (regardless of the race/ethnicity of their victims) were charged with fewer counts of murder (prosecuted less severely) than African American defendants who were charged with killing White victims. This direct and significant relationship persists even after adding defendant–victim relationship and homicide circumstance interaction terms to the analysis.

Though more than a third of the defendants had prior psychiatric treatment, few received treatment in the three months preceding the crime of which they were accused.

The authors examined the rate of mental disorders in an unselected sample of homicide defendants in a U.S. jurisdiction, seeking to identify psychiatric factors associated with offense characteristics and court outcomes. Defendants charged with homicide in a U.S. urban county between 2001 and 2005 received a psychiatric evaluation after arrest. Demographic, historical, and psychiatric variables as well as offense characteristics and legal outcomes were described. Bivariate analyses examined differences by age group and by race, and logistic models examined predictors of multiple victims, firearm use, guilty plea, and guilty verdict. Fifty-eight percent of the sample had at least one axis I or II diagnosis, most often a substance use disorder (47%). Axis I or II diagnoses were more common (78%) among defendants over age 40. Although 37% of the sample had prior psychiatric treatment, only 8% of the defendants with diagnosed axis I disorders had outpatient treatment during the 3 months preceding the homicide; African Americans were less likely than non-African Americans to be in treatment. African American males were more likely to use a firearm and to have a male victim. In exploratory analyses, psychiatric factors did not predict multiple victims, firearm use in the crime, or a guilty verdict. Rates of axis I disorders were lower than reported in previous studies. Few homicide defendants were in psychiatric treatment at the time of the crime, suggesting limited opportunities for prevention by mental health providers.

This study surveyed malingering prevalence in pretrial homicide defendants and assessed the usefulness of the Mini-Mental State Examination (MMSE) and the Rey 15-Item Memory Test (FIT) in detecting malingering among them. Malingering prevalence was 17%. MMSE and FIT scores were positively correlated. The MMSE and FIT had modest positive predictive value (67% and 43%), but reasonably good negative predictive value (93% and 89%), for malingering. Overall, the MMSE outperformed the FIT, with no advantage to combined use of the MMSE and FIT over the MMSE. The widely used MMSE, traditionally a bedside test of cognition, may have a role in malingering assessment.

In two 2012 opinions, Commonwealth v. Bedford and State v. Williams, courts rejected appeals by convicted homicide defendants sentenced to life imprisonment. Each defendant claimed that his victim was the first aggressor, prompting the prosecution to present character evidence concerning the victim’s character for peacefulness even though neither defendant claimed that his victim was generally a violent person. The prosecution in both cases presented this character evidence under a state counterpart to Federal Rule of Evidence 404(a)(2)(C), a frequently applied exception to the general rule that propensity character evidence is inadmissible. Rule 404(a)(2)(C) and its state counterparts are thus the one exception to the general “Pandora’s box” theory which deems propensity character evidence inadmissible in any criminal trial unless the defendant decides to inject character evidence into trial by presenting evidence of his good character and/or evidence of the victim’s bad character. The Rule is also the rare exception to our evidentiary and constitutional framework that almost always treats criminal defendants at least as well as, and usually better than, their civil counterparts. Worst of all, this anomalous Rule treats criminal defendants worse than civil defendants in the very type of case in which the accused has the most at stake and faces the largest deployment of investigatory and prosecutorial resources. Accordingly, this article argues for the repeal of Federal Rule of Evidence 404(a)(2)(C) and state counterparts.

Homicide defendants asserting the insanity defense make a volatile combination. Numerous studies review inmates with murder convictions, yet the literature is not rich regarding defendants found not guilty by reason of insanity (NGRI) for murder. This study analyzes 27 years of insanity acquittals in Missouri, finding significant differences between those defendants found NGRI for murder and those found NGRI for other crimes. The get-tough-on-crime initiatives found in the criminal justice system may have led to longer hospital stays post-1996 for NGRI murder acquittees, yet hospitalization lengths increased for all NGRI acquittees, a potential unintended consequence. Policy implications and future research directions are discussed.

This article explores the many issues involved in establishing the diagnosis of intellectual disability in a so-called Atkins (death penalty exemption) hearing. Among the issues addressed are the need to go beyond IQ scores in establishing intellectual deficits, the need to go beyond rating scores in establishing adaptive behavior deficits, the need to clarify the target age at which intellectual disability is to be established, and the need to expand the Atkins umbrella to include a broader universe of people with brain-based impairments of everyday judgment and functioning. The purpose of these improvements would be to base legal protections for impaired defendants more on actual social vulnerability and less on artificial and indirect statistical criteria.