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221.
Michael S. Moore 《Ratio juris》2012,25(4):435-471
This paper is intended to be a summary of the author's views on the relationship between law and morality worked out over the past three decades in jurisprudence. The paper preliminarily clarifies the matter by isolating some lines of cleavage separating different questions askable about this relationship. With this done, the author argues for two theses. One, that judges are obligated to use morality in their decisions in particular cases; and two, that the morality judges are obligated to use in their judicial reasonings, is best seen as the natural lawyer sees it, namely, as being part of the law that obligates judges in their role as judges. The author not only believes these theses to be true; he also thinks that these theses are practically important, in that their acceptance by judges (and by the legal culture that reinforces judges) makes for better judging. 相似文献
222.
The objective of this study was to examine the association between education and domestic violence among women being offered an HIV test in urban and rural areas in Kenya. A sample selection of women who experienced physical (n = 4,308), sexual (n = 4,309), and emotional violence (n = 4,312) aged 15 to 49 allowed for the estimation of the association between education and domestic violence with further analysis stratified by urban and rural residence. The main outcome of interest was a three-factor (physical, sexual, and emotional) measure for violence with the main predictor being education. Nearly half of all domestic violence, physical (46%), sexual (45%), and emotional (45%) occurred among women aged 15 to 29. After adjusting for confounding variables, women who resided in urban areas and had a postprimary/vocational/secondary and college/university education were 26% (OR = 0.74, 95% CI: [0.64, 0.86]), p < .001 and 22% (OR = 0.78, 95% CI: [0.66, 0.92]), p < .01 less likely to have experienced physical violence compared to those who had a primary education respectively. This was 17% (OR = 0.83, 95% CI: [0.73, 0.94]), p < .01 and 17% (OR = 0.83, 95% CI: [0.72, 0.96]), p < .05 less likely among women who resided in rural areas. A surprising finding was that women residing in rural areas with less than a primary education were 35% less likely to have experienced sexual violence (OR = 0.65, 95% CI: [0.43, 0.99]), p < .01 compared to those who had a primary education. These findings suggest that physical, sexual, and emotional violence were prevalent in Kenya among married and formerly married women. This study indicates that more research is needed to understand factors for HIV/AIDS among Kenyan women who have specifically tested positive for HIV or identified as AIDS-positive and the implications for women's health. 相似文献
223.
A survey was undertaken to determine the background level of paint flakes on the clothing of persons suspected of involvement in crime. The debris from 100 garments submitted for casework examination was studied and paint flakes recovered where present. Seventy two percent of garments bore one or more flakes. A total of 703 flakes were recovered; size, topcoat colour, and number and colour of any under-layers were recorded for each. The distribution of paint flakes on clothing surfaces and in pockets was also noted. Results were compared with the previously published survey of Pearson, May and Dabbs (1971). This survey provides scientists with an updated data set for reference when considering the strength of paint evidence. 相似文献
224.
Michael S. Moore 《Criminal Law and Philosophy》2012,6(3):445-462
In this response to the review of Moore, Causation and Responsibility, by Larry Alexander and Kimberly Ferzan, previously published in this journal, two issues are discussed. The first is whether causation, counterfactual dependence, moral blame, and culpability, are all scalar properties or relations, that is, matters of more-or-less rather than either-or. The second issue discussed is whether deontological moral obligation is best described as a prohibition against using another as a means, or rather, as a prohibition on an agent strongly causing a prohibited result that was not about to happen anyway while intending to do so. 相似文献
225.
Accuracy of Dental Age in Nonadults: A Comparison of Two Methods for Age Estimation Using Radiographs of Developing Teeth
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Sierra A. Santana M.S. Jonathan D. Bethard Ph.D. Tara L. Moore Ph.D. 《Journal of forensic sciences》2017,62(5):1320-1325
This research tests the accuracy of two methods for age estimation, Cameriere's European formula and AlQahtani's London Atlas, on a multi‐population American sample. Digitized radiographs of 360 European American, Hispanic, and American Indian children aged 6–17 years were analyzed. The accuracy of these methods was assessed using the mean and absolute mean difference of the residuals. Results indicate that Cameriere's European formula underestimated age for both sexes, with a mean difference of ?1.19 years for girls and ?1.32 years for boys, prompting the first author to create an American‐specific formula. The London Atlas underestimated age with a mean difference of ?0.18 years for girls and ?0.16 years for boys. Sex and ancestry had no significant affect on accuracy. The results indicate that both methods can be used for age estimation in an American population. 相似文献
226.
James T. Pokines Ph.D. Rachel Sussman M.S. Megan Gough B.A. Claira Ralston M.S. Elizabeth McLeod M.S. Karen Brun M.S. Aisling Kearns M.S. Tara L. Moore Ph.D. 《Journal of forensic sciences》2017,62(1):50-66
Rodent and lagomorph species have a worldwide distribution and have the potential to alter remains from forensic cases by gnawing soft tissue and bones and through dispersal. The present research compiled metric data on the incisors widths of all rodent and lagomorph species whose ranges include Massachusetts, U.S.A., to compare their sizes to gnawing damage found on 17 cases of human remains from the Office of the Chief Medical Examiner, Boston, MA. Data on gnawing maximum striation widths also were collected from live laboratory, zoo, and wild specimens. Gnawing damage on the forensic cases could be attributed only to a particular size class of rodent or lagomorph, and identification to a particular species based on gnawing damage alone may be possible only in relatively rare cases. Multiple species examined here have broad distribution ranges, so their taphonomic alterations may impact bones from forensic cases throughout large portions of North America. 相似文献
227.
228.
Levine B Titus JM Moore K Fowler D 《The American journal of forensic medicine and pathology》2004,25(4):288-290
Over the past 20 years, the use of prostate specific antigen (PSA) as evidence of the presence of semen in forensic cases has been well established. In this study, we compared a commercially available immunoradiometric assay (IRMA) for the identification of PSA with the identification of spermatozoa in swabs obtained from the vagina of deceased females. There was agreement between the 2 methods in 67 of the 80 cases (84%), including 18 cases where both the PSA was positive and sperm were observed microscopically. The remaining cases had 1 positive result and 1 negative result. We concluded that although there was substantial agreement between the presence of sperm and a positive PSA, there were enough discrepancies between the 2 methods (16%) to justify the use of both methodologies, if possible, to make the determination of sexual activity prior to death. 相似文献
229.
Nieberding RJ Moore JT Dematatis AP 《International journal of offender therapy and comparative criminology》2002,46(3):350-363
The 1960s decrease in long-term residential mental health care resulted in former psychiatric patients being admitted to correctional and forensic psychiatric facilities. Although psychologists face challenges in managing and treating this displaced population, assessment data plays a pivotal role in the determination of appropriate aftercare for the mentally ill parolee. This article discusses the assessment protocol utilized by the Forensic Conditional Release Program (CONREP) in California, summarizes data from these patients, and uses case excerpts to illustrate the potential value of assessment with a forensic psychiatric (outpatient) population. Special emphasis is given to the use of the MMPI-2 and Rorschach. 相似文献
230.
Women are under-represented in science, technology, engineering, mathematics and medicine (STEMM) fields worldwide, particularly in leadership positions. We explore this phenomenon by examining the leadership experiences of 25 women who were actively seeking to enhance their leadership capacities in STEMM fields from five countries in the Global North. We argue that women in this study seemed to be caught in an ‘ideological dilemma’ between recognizing sexism and gender bias in their organizational contexts and seeing their organizations as gender neutral. We argue that a post-feminist climate and a neoliberal ethic of meritocracy in science render inequality difficult to articulate and address. Considering this dilemma through the lens of ‘cruel optimism’, we suggest that women are problematically bound to a fantasy of success in STEMM in which leadership is attainable through arduous effort.
Abbreviation: STEMM; Science, Technology, Engineering, Mathematics, and Medicine 相似文献