Serial Rapists and Wrongful Conviction

2020 ◽  
pp. 105-119
Author(s):  
Matthew Barry Johnson
Keyword(s):  
Law Enforcement ◽  
Crime Scene ◽  
Sexual Assaults ◽  
Wrongful Conviction ◽  
Common Pattern ◽  
Wrongful Convictions ◽  
Offender Profiling ◽  
Scene Investigation ◽  
The Law ◽  
Serial Rapists

This chapter describes a common pattern where innocent defendants are tried and convicted of crimes committed by serial rapists. These cases account for a significant portion not only of the wrongful convictions in sexual assaults, but also of all confirmed wrongful convictions. The chapter presents 67 defendants wrongfully convicted with this set of case facts. This chapter identifies the difficulty encountered by law enforcement in the investigation of “stranger rapes” despite the expanding literature on crime scene investigation and offender profiling. This chapter also highlights the law enforcement focus on ruling out false rape charges, while less attention is paid to the matter of unreliable identification.

scholarly journals Predicting rapist type based on crime-scene violence, interpersonal involvement, and criminal sophistication in U.S. stranger rape cases

2021 ◽  
pp. 146135572110365
Author(s):  
Indy SK Mellink ◽  
Elizabeth L Jeglic ◽  
Glynis Bogaard
Keyword(s):  
Logistic Regression ◽  
Law Enforcement ◽  
Sexual Assault ◽  
Sex Offenders ◽  
Predictive Model ◽  
Crime Scene ◽  
Offender Profiling ◽  
Archival Database ◽  
Serial Rapists

Stranger rape cases are one of the most difficult sexual assault crimes to solve for law enforcement. This study aimed to compare crime-scene characteristics between serial rapists and single-victim rapists in stranger rape cases and build a predictive model to predict rapist type. An archival database of released sex offenders included 385 who committed stranger rapes. Of those, 244 were single-victim rapists and 141 were serial rapists. The single-victim rapists were significantly more likely to have violently themed crime-scene characteristics than serial rapists, whereas serial rapists were significantly more likely than single-victim rapists to engage in criminally sophisticated behavior and induce participation from their victims. A logistic regression using 10 crime-scene characteristics correctly identified 75.8% of cases as perpetrated by either single-victim or serial rapists. The most significant predictors of rapist type were whether the offender digitally penetrated their victim, whether the offender choked their victim, whether they were at a new/unknown location or whether they threatened their victim. The implications of these results are that they benefit law enforcement in the investigation of stranger rape cases by potentially narrowing down their suspect pool and add to the classification of stranger rapists in offender profiling literature.

scholarly journals A LOOK INSIDE COOPERATION BETWEEN PROSECUTORS AND LAW ENFORCEMENT DURING CRIME SCENE INVESTIGATION

2017 ◽  
Vol 7 (2) ◽  
pp. 67-77
Author(s):  
Dževad Mahmutović ◽  
◽  
Berina Huskanović ◽  
Keyword(s):  
Law Enforcement ◽  
Bosnia And Herzegovina ◽  
Criminal Procedure ◽  
Crime Scene ◽  
Legal Framework ◽  
Legal Regulation ◽  
Crime Scene Investigation ◽  
Procedure Code ◽  
Scene Investigation ◽  
Mutual Relations

The paper deals with crime scene investigation as a measure of inquiry, conceptually and substantially, subjects of investigation, as well as their mutual relations. The analysis of the existing legal framework suggests that the current Criminal Procedure Code of Bosnia and Herzegovina offers the appropriate basis for the cooperation between prosecutors and law enforcement. However, previous practice indicates certain shortcomings in the cooperation and coordination between prosecutors and law enforcement. With this paper, the authors wanted to examine the opinions of direct actors on this matter. The results show that they are satisfied with the legal regulation of their mutual relations during investigations, and they express positive opinions in terms of their cooperation. Of course, the possibility of improving that cooperation is also noted, and the methods of achieving it should be identified in further research.

scholarly journals Penegakan Hukum Oleh Polri Terhadap Pelaku Tindak Pidana Pencurian Sepeda Motor Dengan Pemberatan (Studi di Polrestabes Medan)

2021 ◽  
Vol 4 (1) ◽  
pp. 398-410
Author(s):  
Jaya Syah Putra ◽  
Rizkan Zulyadi ◽  
M.Citra Ramadhan
Keyword(s):  
Law Enforcement ◽  
Preventive Measures ◽  
Descriptive Analysis ◽  
Crime Scene ◽  
Criminal Code ◽  
Deterrent Effect ◽  
The Law ◽  
National Police

The purpose of this study was to analyze law enforcement efforts, obstacles and prevention of criminal acts of theft by POLRI against perpetrators of the crime of motorcycle theft with weights in the jurisdiction of Medan Police. This type of research is directed to normative juridical law research. The nature of the research is descriptive analysis of the law enforcement by the Indonesian National Police against the perpetrators of the crime of theft. The results showed that law enforcement efforts were carried out, after the personnel received a complaint report from the victim regarding the occurrence of theft with weighting proceed to the stage of investigation and investigation, against the perpetrators of theft with the weight of a motorcycle subject to Article 363 of the Criminal Code with a maximum penalty of 9 years imprisonment depending on the the method used by the perpetrator to commit theft by weight. Barrier factors include the identity of the perpetrator is not clear, the perpetrator does not have an ID card, the perpetrator does not admit his actions, there are no witnesses at the crime scene. The perpetrator lost evidence, the victim did not want to report it to the police, there were no supporting witnesses. Countermeasures include carrying out preventive measures by carrying out patrols in suspected places, conducting socialization and community approaches in order to create synergistic coordination and cooperation in creating security. Repressive efforts by increasing efforts to take action against perpetrators of theft by weighting motorbikes by providing strict sanctions and having a deterrent effect on perpetrators and providing guidance to the community to comply with the law.

The “ CSI Effect”

2017 ◽  
Author(s):  
Kimberlianne Podlas
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Empirical Evidence ◽  
Legal System ◽  
Crime Scene ◽  
Juror Decision Making ◽  
Television Programs ◽  
Forensic Evidence ◽  
Television Shows ◽  
Scene Investigation

Prosecutors and members of law enforcement have complained that television shows such as CSI: Crime Scene Investigation have cultivated in jurors’ unreasonable expectations about forensic evidence, specifically that jurors require definitive forensic proof of guilt, or else they will wrongly acquit. This is popularly known as “CSI Effect.” Despite the popularity of this belief, there is little empirical evidence substantiating it. In fact, the majority of studies exploring CSI Effects have found evidence supporting a variety of impacts that advantage, rather than disadvantage, the prosecution. For instance, these programs frame forensics as objective and virtually infallible, bolster forensic technicians and the value of evidence associated with them, and promote schema that endorse prosecution narratives. Indeed, it appears that among CSI’s most salient impacts on the legal system comes not from these television programs distorting juror decision-making, but because lawyers and judges mistakenly believe such an effect exists, and, therefore, alter their behavior in response. It thus appears that the realities of the CSI Effect are quite different than the persistent mythology of it.

Wrongful Conviction in Sexual Assault: Stranger Rape, Acquaintance Rape, and Intra-Familial Child Sexual Assaults

2021 ◽  
Vol 48 (5) ◽  
pp. 708-712
Author(s):  
Marina Sorochinski
Keyword(s):  
Social Context ◽  
Sexual Assault ◽  
Acquaintance Rape ◽  
Sexual Assaults ◽  
Unique Combination ◽  
Wrongful Conviction ◽  
Wrongful Convictions ◽  
Sexual Crimes ◽  
Sexual Crime ◽  
Crime Investigation

This article reviews the recently published book by M. B. Johnson— Wrongful conviction in sexual assault: Stranger rape, acquaintance rape, and intra-familial child sexual assaults. The focus of the book is on the unique combination of factors specifically within sexual crime investigation and legislation that lead to the overrepresentation of this type of crimes within wrongful convictions. The book presents a detailed analysis of social context, and historical backdrop specific to wrongful convictions in sexual crimes. It is a highly informative and well-written book.

Crime Scene Investigation in Sexual Assaults

2011 ◽  
pp. 139-173
Author(s):  
John O. Savino ◽  
Brent Turvey ◽  
Jodi Freeman
Keyword(s):  
Crime Scene ◽  
Sexual Assaults ◽  
Crime Scene Investigation ◽  
Scene Investigation

Introduction and Overview

2020 ◽  
pp. 1-12
Author(s):  
Matthew Barry Johnson
Keyword(s):  
Public Health ◽  
Sexual Assault ◽  
Acquaintance Rape ◽  
Sexual Assaults ◽  
Wrongful Conviction ◽  
Public Health Perspective ◽  
Wrongful Convictions ◽  
Child Sexual Assault ◽  
Criminal Offenses

The Introduction and Overview provides an overview of the chapters and the approach in examining wrongful conviction in sexual assault. It identifies both rape and wrongful conviction as damaging and traumatic outcomes. Drawing from a public health perspective, it presents a link between rape and wrongful conviction illustrated by disaggregating wrongful conviction in stranger rape, from acquaintance rape, and intrafamilial child sexual assault, thus highlighting the concentration of wrongful convictions among stranger rapes. The Introduction and Overview also discusses the frequency of wrongful conviction and points out the significance of classifying sexual assaults together rather than relying on the prosecution approach of classifying criminal offenses by the highest charge, which obscures the relation of sexual assault to wrongful conviction.

scholarly journals PERAN DOKTER DI TEMPAT KEJADIAN PERKARA DI KOTA MANADO

e-CliniC ◽  
2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Theo L. Siwu ◽  
Djemi Tomuka ◽  
Nola T. S. Mallo
Keyword(s):  
Law Enforcement ◽  
Analytical Study ◽  
Crime Scene ◽  
Primary Data ◽  
Criminal Cases ◽  
Good Doctor ◽  
Court Of Justice ◽  
The Law ◽  
Death Cases

Abstract: In general, a doctor will face a variety of patients that needed to be treated. However, treating patients is not the only role of a doctor. Doctors can also be called to serve in court of justice, therefore, serving the law is one of the most important aspects of a good doctor. In Indonesia, especially in Manado, a lot of criminal cases leading to death can be found. Concerning death cases, the law enforcement have to consult the Forensic Department. The request might come in the form of an autopsy which is to figure out the cause of death or the identity of the victim. In certain places, it is common to use a forensic doctor as a specialist in crime scene area. This was a descriptive analytical study using questionairre as primary data. Conclusion: From all the data it can be concluded that a doctor’s role in crime scene area is very important. Therefore, the investigator in crime scene area can handle the cases with medical related problem much beter.Keywords: doctor’s role, crime scene.Abstrak: Seorang dokter akan berhadapan dengan bermacam-macam pasien dalam kehidupannya tetapi menangani pasien bukan menjadi satu-satunya tugas seorang dokter. Dokter juga bisa dipanggil untuk menjadi seorang saksi ahli pada kasus-kasus dengan tindakan pidana. Peranan seorang dokter untuk membantu tindak keadilan merupakan salah satu aspek yang cukup penting. Di Indonesia khususnya di Manado telah cukup banyak kasus kejahatan yang berujung pada kematian. Dalam hal kasus kematian maka pihak kepolisian akan datang meminta bantuan ke pihak forensic antara lain dalam bentuk autopsi untuk meneliti sebab kematian dari mayat atau mencari tahu identitas korban. Di beberapa negara telah digunakan jasa seorang dokter forensik sebagai salah satu tenaga ahli di tempat kejadian perkara. Penelitian ini menggunakan metode deskriptif analitik dengan kuesioner sebagai data primer. Simpulan: Dari hasil yang didapatkan disimpulkan bahwa peran dokter di tempat kejadian perkara sangat penting. Dengan adanya bantuan dari pihak kedokteran maka para penyidik dapat menangani kasus-kasus yang berkaitan dengan medis secara lebih baik.Kata kunci: peran dokter, tempat kejadian perkara.

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