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121.
Rethinking the presumption of innocence 总被引:1,自引:1,他引:0
Victor Tadros 《Criminal Law and Philosophy》2007,1(2):193-213
This article is concerned with what constitutes interference with the presumption of innocence and what justifications there
might be for such interference. It provides a defence of a theory of the presumption of innocence that suggests that the right
is interfered with if the offence warrants conviction of defendants who are not the intended target of the offence. This thesis
is defended against two alternative theories. It then considers what might justify interference with the presumption of innocence.
It explores the idea that interference is justified if it is necessary in a democratic society and considers the presumption
in relation to the aims of the criminal trial. It is concluded that no good grounds have been provided for interference with
the right, and that the right should be regarded as inviolable.
相似文献
Victor TadrosEmail: |
122.
Norman Adams Ph.D. Victor Perlin Ph.D. Mitchell Rohde Ph.D. Robert Gaffney M.F.S M.B.A. Natalia Harmsen B.S. Carl Kriigel B.S. 《Journal of forensic sciences》2009,54(6):1393-1406
Abstract: Camouflage garments can be associated with surveillance images of a crime scene even in the absence of unique wear marks or very high‐quality images. However, the probability of an accidental association, or incidence rate, is significant. The present work describes and validates a method for estimating the incidence rate based on a statistical model of the garment manufacturing process. The model was developed primarily for use with the current U.S. Army Combat Uniform (ACU), but can be applied to any camouflage garment. Eight garment manufacturers were studied, and all sources of variation in the manufacturing process were characterized. The marking and spreading procedures were found to be dominant and consistent sources of variation. However, some sources of variation, in particular those because of human operators, were not consistent enough to accurately characterize. Sources of variation that could not be well‐characterized were ignored in the statistical model, yielding a worst‐case estimate that is an upper‐bound to the true incidence rate. The model was evaluated for a variety of cases. Depending on the quality of the surveillance image, the manufacturing parameters, and the local population, incidence rates range from about 3% to negligibly small. The model was validated by returning to one manufacturer, and sampling a large number of completed garments and estimating empirical match probabilities. The empirical probabilities validated the estimates of the worst‐case incidence rate and also demonstrated that typical incidence rates are significantly lower. 相似文献
123.
This article attempts to shed light on the dynamics and machinations within terrorist organizations by incorporating a heretofore overlooked literature which is directly applicable, that of transnational advocacy networks (TANs). Terror networks have been described using every possible analogy, from multinational corporations to organized crime to the anthropomorphic classic “cut off the head, and the body will die.” In reality, terrorist organizations function in much the same way, and using many of the same techniques, as transnational advocacy networks concerned with issues like the environment or human rights. By describing these characteristics, and comparing TANs and Terror TANs (TTANs), this article aims to offer insight into the tactics and motivations that define modern, as well as the much heralded post-modern, terrorism. 相似文献
124.
Victor Brajer 《发展研究杂志》2013,49(4):717-729
Previous developing country inflation studies have demonstrated that the Harberger (monetarist) model's explanatory power may be quite sensitive to the time period or explanatory variables used. In this study, the model's sensitivity to the definition of the inflation rate variable itself ‐ the dependent variable ‐ is investigated. Using a cross‐section, time‐series data set of 19 developing nations, it is shown that the Harberger model is sensitive to the manner in which inflation is defined. Then, a similar investigation is conducted for another, more recently developed, model of the inflationary process (the Hanson model). This model exhibits less sensitivity to the choice of inflation variable. 相似文献
125.
This paper examines the relation between parental migration and children’s health in Ghana (N = 2760) and Nigeria (N = 2168) and considers four dimensions of parental migration: the type of separation, parental migration and the caregiver, stability of care arrangements, and the availability of remittances. By employing an ordered scale of children’s self-rated health, we found that children with international migrant parents who are divorced/separated are less likely than children in non-migrant families to have good health. The magnitude of the effects are higher in Nigeria, attesting for a greater vulnerability of Nigerian children in divorced migrant families. Among children with parents living abroad who are stably married, specific dimensions of children’s transnational life are associated with negative health, while others are not. This study highlights the sensitivity of results to the context of parent-child separation and to the transnational dimension being measured. 相似文献
126.
Victor D. Cha Author Vitae 《Orbis》2011,55(2):290-297
This article argues that prospects for change in North Korea and, thus, reduction in threats to regional security, lay more in rising prospects for Korean unification than in scant hopes for reform inside North Korea. It identifies several factors that have made unification a more salient idea than at any time in the last decade. First, Kim Jong Il's failing health and his youngest son's and designated heir's uncertain grip on succession mean greater risk of political instability in North Korea that could bring discontinuous change, including reunification. Second, it has become clear that the Six Party Talks and other diplomatic efforts will not produce denuclearization and reduction of the regional security threat posed by Pyongyang's weapons program. Third, the current and likely future leadership in Pyongyang is incapable of reform, making regime collapse a more likely scenario and unification a more likely route to meaningful change. Fourth, the North Korean regime has become heavily dependent on Chinese support, material and political-diplomatic. Finally, thinking about how unification might occur has shifted to scenarios that are more feasible to key parties, including South Korea, the United States and Japan. 相似文献
127.
This article reviews maltreatment-related pediatric posttraumatic stress disorder (PTSD) neuroimaging and neuropsychology research. Existent interventions that target brain networks associated with PTSD and cognitive impairment are highlighted. Furthermore, the benefits of combining neuroimaging and neuropsychology research in treatment outcomes are discussed. To conduct this review, a literature search was done utilizing the words MRI, structural, functional, neuropsychological testing, children, maltreatment, treatment, and PTSD. This was supplemented with a direct search of developmental trauma experts. Results from the neuroimaging studies found differences in the total cerebral volume, prefrontal cortex, hippocampus, cerebellum, superior temporal gyrus, corpus callosum, and other regions in maltreatment-related childhood PTSD. Neuropsychological findings demonstrate deficits in memory, attention, learning, and executive function that correspond to these brain regions. Existent and novel psychotherapeutic interventions address these deficits. These interventions may be directed at key networks associated with cognitive processing. Future directions include the implementation of treatment outcome research integrating psychotherapy with putative biological and psychological markers. 相似文献
128.
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130.
Victor Ayeni 《公共行政管理与发展》1987,7(3):309-324
This paper is a case study of the bureaucratization process in Nigeria's ombudsman institution, otherwise known as the Public Complaints Commission. Proceeding from the premise that the efficacy of modern bureaucratic organizations is predicated on the ability to control bureau—pathologies, an attempt is made to determine success in keeping the bureaucracy in the Public Complaints Commission at an optimum level and thereby mitigating possible negative consequences. The paper argues that, contrary to the situation in most other places, Nigeria's ombudsman institution has developed into an enormous, wasteful and inefficient bureaucracy. The reasons for this situation are largely sociocultural. The Public Complaints Commission has a long history of close, intimate association with the civil service. This has transformed the Commission, more or less, into an arm of the civil service and virtually eliminated its unique ombudsman features. The situation of the Public Complaints Commission is, of course, not peculiar. It is true of most other non-civil service institutions, such as public enterprises and educational institutions, in Nigeria and most other developing countries. The paper concludes with a number of policy suggestions. 相似文献