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1.
Behav Sci Law ; 2024 Jun 17.
Artigo em Inglês | MEDLINE | ID: mdl-38885340

RESUMO

Sexual homicides (SHs) demand nuanced research for effective prevention, treatment, risk assessment and theoretical insights. Intimate-partner sexual homicides (IPSHs), comprising approximately 20% of SHs, have received limited attention. This study compares IPSHs (n = 56) and non-intimate partner sexual homicides (NIPSHs) (n = 236) in Australia and New Zealand by investigating offender, victim, and crime-scene characteristics. While IPSH perpetrators were typically older, separated, and had prior domestic violence convictions, victims were more often non-white with histories of domestic violence and substance use. Although crime-scene locations and post-offence behaviours differed, similar crime scene behaviours were displayed across offender groups, which seemed to be routed in different underlying motives. Whereas drivers of IPSH commonly were grievance and anger, associated with offences occurring after arguments, drivers for NIPSH were more often sexual deviance and sadism. Overall, IPSH encompasses aspects of domestic violence, homicide, and sexual violence, distinguishing it from SH.

2.
Behav Sci Law ; 2024 May 27.
Artigo em Inglês | MEDLINE | ID: mdl-38801740

RESUMO

The present study examined distinctions between child (n = 30) and adult (n = 212) sexual homicide offenders (SHOs) in Australia and New Zealand, contributing to the limited international research on the subject. Data, primarily sourced from judges' sentencing comments on AustLII and New Zealand Legal Information Institute, revealed significant differences. Child SHOs displayed elevated rates of pedophilia, sexual deviance, and adverse childhood experiences, including sexual abuse. They were more likely to be married, cohabitate, and target familial victims. Their crimes were more often committed during daylight and outdoors, involving tactics such as victim conning, restraints, strangulation, and hiding victim's bodies. No significant group differences emerged regarding offenders' psychopathy or sexual sadism scores. Results were interpreted in line with child SHOs' deviant sexual preferences and the routine activity theory. The study, as the first investigating child sexual homicides in Australia and New Zealand, sets the foundation for an evidence-based approach to policy and practice.

3.
Psychiatr Psychol Law ; 30(1): 83-95, 2023.
Artigo em Inglês | MEDLINE | ID: mdl-36687759

RESUMO

This article summarises arguments for abolishing the mental impairment defence, using the example of the defence in Victoria, taking a historical and comparative approach. It considers the defence in practice, its origins and stagnation in medieval and Victorian England, a better approach based on modern developments in the UK and Europe, its resistance to meaningful reform, and its failure to achieve its laudable, humane and principled aim of sparing vulnerable people with severe mental health problems from punishment. We conclude that the only way to actually achieve this aim is to abolish the mental impairment defence and replace it with an approach that allows for flexible mental health disposals for mentally disordered offenders based on clinical needs and, where necessary, the need for containment, incorporated in and aligned with mental health legislation, regardless of culpability, and with modern systems and services that bring Victoria out of the nineteenth century.

4.
Psychiatr Psychol Law ; 29(6): 926-952, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36267602

RESUMO

White-collar crime (WCC) causes considerable societal harm, the economic and psychosocial costs of which exceed those of conventional crime. Despite the impact, it has received scant attention from the academic literature in forensic psychiatry. This narrative literature review covers important topics in our understanding of white-collar crime, including offender characteristics such as demographics, criminal history, mental illness, personality and psychopathy, the link with violent offending and the trajectory of the white-collar offender (WCO) through the criminal justice system. White-collar crime is under-researched, particularly with regards to psychopathology, and the field of forensic psychiatry may have important contributions to make to our understanding of this important and harmful type of crime.

5.
Psychiatr Psychol Law ; 28(6): 885-908, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-35694650

RESUMO

The field of sexual homicide research is relatively recent, with many existing studies limited by small sample sizes and sampling bias. In Australia and New Zealand specifically, only one study to date addresses this phenomenon but there is a lack of comprehensive descriptive data. This study aims to fill this research gap using a representative sample gathered from public legal databases. A total of 118 cases of sexual homicide offenders are described to create a portrait of this type of offender, their victims and their offence behaviour. Findings are similar to those found in other large samples from the UK, Canada and Germany. Because this crime is rare and practitioners tend to have limited experience of them, the findings of this research have the potential to inform investigative, criminal justice and clinical practice.

6.
Psychiatr Psychol Law ; 28(5): 748-773, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-35571601

RESUMO

Experience of psychological trauma is correlated with violent offending, with exposure reported for most offenders entering the criminal justice system. The practice of trauma-informed sentencing recognises this complex and consistent relationship, and endeavours to respond in a way that avoids re-traumatisation and reduces harm to offenders and victims. Trauma-informed approaches to offenders improve safety in custodial settings, enhance prospects of correctional rehabilitation and recovery from mental illness and promote the health and welfare of staff working with offenders. This quantitative pilot study examines the identification and impact of trauma - as recorded in sentencing decisions - for homicide perpetrators in Victoria, with particular attention to trauma-informed sentencing and whether or not gender makes a difference. Traumatic experiences were described in a high proportion of cases but only explicitly recognised in a minority. Trauma-informed sentencing recommendations were rare. Collaboration between clinical and legal professionals to inform and enhance trauma-informed procedures is recommended.

7.
Front Psychol ; 14: 1070484, 2023.
Artigo em Inglês | MEDLINE | ID: mdl-36998362

RESUMO

The grievance fueled violence paradigm encompasses various forms of targeted violence but has not yet been extended to the theoretical discussion of sexual violence. In this article, we argue that a wide range of sexual offenses can be usefully conceptualized as forms of grievance fueled violence. Indeed, our assertion that sexual violence is often grievance fueled is unoriginal. More than 40 years of sexual offending research has discussed the pseudosexual nature of much sexual offending, and themes of anger, power, and control - themes that draw clear parallels to the grievance fueled violence paradigm. Therefore, we consider the opportunities for theoretical and practical advancement through the merging of ideas and concepts from the two fields. We examine the scope of grievance in the context of understanding sexual violence, and we look to the role of grievance in the trajectory toward both sexual and nonsexual violence, as well as factors that might distinguish grievance fueled sexual from nonsexual violence. Finally, we discuss future research directions and make recommendations for clinical practice. Specifically, we suggest that grievance represents a promising treatment target where risk is identified for both sexual and nonsexual violence.

8.
J Interpers Violence ; 37(11-12): NP8350-NP8368, 2022 06.
Artigo em Inglês | MEDLINE | ID: mdl-33261532

RESUMO

Foreign object insertion (FOI) is considered as an unusual behavior and has been defined as the involuntary insertion of any object, by another individual, into any orifice of the victim. Although there is some research on the prevalence and nature of FOI in sexual homicides, there is very little on the characteristics of cases where FOI occurs, and no previous research has compared cases with and without FOI. Given the lack of research on FOI in general and the dissemination of untested ideas regarding the correlates of this behavior specifically, the current study aims to shine new light on sexual homicide cases involving FOI by examining the offender, victim, and crime characteristics associated with FOI. Using a sample of 662 cases of sexual homicide, chi-square and logistic regression analyses were used to compare cases with and without FOI. Results showed that offenders who experienced sexual dysfunction and victims who used alcohol/drugs prior to the crime were more likely to be involved in cases with FOI. Cases where victims were beaten, vaginal/anal fisting acts were perpetrated, and mutilation of genitals were observed, were more likely to show evidence of FOI. Finally, postmortem sexual activities and the use of strategies by offenders to avoid police detection were also more likely to occur in sexual homicide cases characterized by FOI. These findings are discussed in light of the literature on sexual homicide, the vulnerability of victims, and the manifestation of sadism. Practical implications are also discussed.


Assuntos
Vítimas de Crime , Criminosos , Corpos Estranhos , Delitos Sexuais , Feminino , Homicídio , Humanos , Comportamento Sexual
9.
J Interpers Violence ; 36(7-8): 3209-3230, 2021 04.
Artigo em Inglês | MEDLINE | ID: mdl-29766756

RESUMO

While a number of previous studies have compared sexual homicides to nonlethal sexual offenses, there have been few studies comparing sexual and nonsexual homicides. This study examines whether sexual homicide offenders differ from nonsexual homicide offenders in Scotland regarding characteristics of the offender, the victim, and the homicide incident. Unlike previous studies, only homicides committed by males against females were examined. Data from a national police database were used to compare 89 male sexual homicide offenders who killed adult females with 306 male nonsexual homicide offenders who had also killed adult females using bivariate and multivariate (logistic regression) analyses. The findings revealed not only some similarities between the two groups, particularly regarding some victim variables, but also significant bivariate and multivariate differences. Sexual homicides appeared to be associated with indicators of instrumentality and sexual deviance. We conclude that sexual homicide offenders might be considered a distinct group of homicide offenders, more similar to sexual offenders than to other homicide offenders.


Assuntos
Vítimas de Crime , Criminosos , Delitos Sexuais , Adulto , Feminino , Homicídio , Humanos , Masculino , Escócia/epidemiologia
10.
Int J Offender Ther Comp Criminol ; 63(9): 1738-1765, 2019 07.
Artigo em Inglês | MEDLINE | ID: mdl-30897982

RESUMO

Sexual sadism and psychopathy are often considered synonymous with sexual homicide, but there is limited research on their associates in sexual homicide offenders. Associates of dimensional measures of sexual sadism (Sexual Sadism Scale; SeSaS) and psychopathy (Psychopathy Check List-Revised [PCL-R] total, Factor 1, and Factor 2) were examined in 51 male Scottish cases. Over a third were DSM-IV (Diagnostic and Statistical Manual of Mental Disorders-IV) sexual sadists, just under a third screened in with the SeSaS, and a quarter were "Hare psychopaths." Sexual sadism and PCL-R measures were moderately associated. Sexual sadism predicted control, sexual deviance, and unusual behaviour at crime scenes; attempted homicide and having a co-accused; and multiple sexual homicides and previous sexual offending. PCL-R Factor 1 predicted violent, exploitative, and evading detection behaviours at crime scenes; completed homicide; and previous violent offending. PCL-R Factor 2 predicted impulsive behaviours at crime scenes, substance misuse, and previous general offending. Psychopathy and sexual sadism play key roles in sexual homicide, interact with each other, and determine different aspects of offences and offenders.


Assuntos
Transtorno da Personalidade Antissocial/psicologia , Criminosos/legislação & jurisprudência , Criminosos/psicologia , Homicídio/legislação & jurisprudência , Homicídio/psicologia , Sadismo , Delitos Sexuais/legislação & jurisprudência , Delitos Sexuais/psicologia , Adolescente , Adulto , Transtorno da Personalidade Antissocial/diagnóstico , Correlação de Dados , Humanos , Masculino , Pessoa de Meia-Idade , Fatores de Risco , Escócia , Adulto Jovem
11.
J Forensic Sci ; 64(1): 154-162, 2019 Jan.
Artigo em Inglês | MEDLINE | ID: mdl-29684938

RESUMO

Research on female sexual homicide has been very scarce. In Europe, it has rarely been examined, and in Scotland, it has never previously been studied. This exploratory study aims to examine the characteristics of sexual homicides involving female offenders between 1990 and 2015 in Scotland. Using data from the Scottish Homicide Database between 1990 and 2015, female sexual homicides (n = 7) were compared to nonsexual homicides committed by females (n = 106) and to sexual homicides committed by men (n = 89) using Fisher's exact tests. The findings show that although female sexual homicide offenders are similar to both female nonsexual homicide offenders and male sexual homicide offenders in certain aspects, there are important differences that distinguish sexual homicides involving female offenders from both groups. Female sexual homicide offenders can arguably be seen as a distinct group of offenders, with specific characteristics and specific needs.


Assuntos
Criminosos/estatística & dados numéricos , Homicídio/estatística & dados numéricos , Delitos Sexuais/estatística & dados numéricos , Adolescente , Adulto , Vítimas de Crime/estatística & dados numéricos , Feminino , Humanos , Masculino , Pessoa de Meia-Idade , Abuso Físico/estatística & dados numéricos , Escócia/epidemiologia , Desemprego/estatística & dados numéricos , Armas/estatística & dados numéricos , População Branca/estatística & dados numéricos , Adulto Jovem
12.
Behav Sci Law ; 26(5): 585-602, 2008.
Artigo em Inglês | MEDLINE | ID: mdl-18788077

RESUMO

BACKGROUND: International literature is consistent on there being a significant relationship between psychosis and violence, less so on its extent and nature, but two main presentational types are increasingly recognized. In one, people are unremarkable before onset of illness and psychotic symptoms commonly drive violence; in the other, psychosis is preceded by childhood conduct problems, associated with personality disorder, and psychotic symptoms seem less relevant. AIMS: To explore the extent to which variations in aspects of social and service context in different jurisdictions affect presentational type among people admitted to high security hospitals. HYPOTHESES: There will be differences between jurisdictions in proportions of patients with pure psychosis or with psychosis and antecedent personality disorder, but symptom drive to violence will be more common in the pure psychosis group regardless of social, legal and service context. METHOD: Independently conducted record studies were used to compare high security hospital patients with psychosis in Scotland and England, all resident between 25 August 1992 and 13 August 1993. RESULTS: The cohorts were similar in offence histories, predominance of schizophrenia, age at first hospitalization for psychosis and first high security hospitalization. More Scottish patients had co-morbid substance misuse diagnoses and/or personality disorder than patients in England. Psychotic symptom drive to the index offence was, however, four times more likely in the pure psychosis groups, regardless of sex, ethnic group or country. Scottish patients spent less time in high security after the index act. CONCLUSIONS: Our hypotheses were sustained. Knowledge about lifestyle before onset of psychosis is important for interpreting literature on how psychotic symptoms relate to violence. This may also influence longer term outcome, although the shorter length of secure hospital stay in Scotland was perhaps affected more by greater availability of open 'step-down' beds.


Assuntos
Hospitais Psiquiátricos , Transtornos Psicóticos/psicologia , Violência/psicologia , Adolescente , Adulto , Idoso , Inglaterra/epidemiologia , Feminino , Humanos , Masculino , Auditoria Médica , Pessoa de Meia-Idade , Transtornos Psicóticos/complicações , Transtornos Psicóticos/epidemiologia , Escócia/epidemiologia
13.
Med Sci Law ; 45(4): 297-302, 2005 Oct.
Artigo em Inglês | MEDLINE | ID: mdl-16302374

RESUMO

New case law on diminished responsibility in Scotland (Galbraith v. HM Advocate 2001) re-defined the defence and clarified the role of expert witnesses. We examined how this judgment affected the use of the defence, provision of expert evidence and the outcome of trials. We studied homicide cases in one area of Scotland in the year before and the year after the new judgment. Results indicated little change in the number of cases where the defence was used, but a difference in how psychiatrists set out their opinions.


Assuntos
Prova Pericial/legislação & jurisprudência , Responsabilidade Social , Adolescente , Adulto , Feminino , Psiquiatria Legal , Homicídio , Humanos , Masculino , Pessoa de Meia-Idade , Escócia
14.
Med Sci Law ; 42(1): 76-86, 2002 Jan.
Artigo em Inglês | MEDLINE | ID: mdl-11848143

RESUMO

The Crime and Punishment (Scotland) Act 1997 introduced the hospital direction (HD), often termed the 'hybrid order' because it allows courts to simultaneously send a mentally disordered offender to hospital and impose a prison sentence, to be completed after hospital discharge. It is the first measure that explicitly allows the imposition of a prison sentence for an offender meeting criteria for detention under the Mental Health (Scotland) Act 1984. A previous survey showed that psychiatrists in Scotland favoured the principle of a hybrid order (Darjee et al., 2000). In this study all Scottish Sheriffs (n = 110) and High Court Judges (n = 26) were surveyed for their views on the HD. Of the 56 respondents 19 felt unable to participate largely due to lack of experience in sentencing mentally disordered offenders. Respondents felt the HD was a useful measure, but, in contrast to Scottish Office guidance, indicated that psychiatrists should recommend it directly if they considered that it was an appropriate disposal. Respondents viewed the HD as primarily an incapacitating measure and most respondents hoped that it would encourage psychiatrists to admit 'psychopaths'; although Scottish psychiatrists do not favour the hospitalisation of offenders with primary personality disorders. It is concluded that in its current form and with current guidance the HD is difficult to use, as there are no criteria to differentiate it from a hospital order (HO) and psychiatrists cannot recommend it. Further, recent legislation that makes public safety the primary concern when deciding on the discharge of restricted patients in Scotland, erodes the utility of the HD as an incapacitating measure. However following the Reports of the Millan and MacLean Committees in Scotland, the role of the HD may be strengthened and clarified.


Assuntos
Atitude , Internação Compulsória de Doente Mental/legislação & jurisprudência , Direito Penal/legislação & jurisprudência , Psiquiatria Legal/legislação & jurisprudência , Hospitais Psiquiátricos/estatística & dados numéricos , Transtornos Mentais/psicologia , Prisioneiros/legislação & jurisprudência , Prisões/estatística & dados numéricos , Transtorno da Personalidade Antissocial/psicologia , Humanos , Relações Interprofissionais , Prisioneiros/psicologia , Escócia , Inquéritos e Questionários
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