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121.
Brendan D. Kelly 《International journal of law and psychiatry》2009,32(6):362-368
The insanity defence has a lengthy, complex history. This article provides a concise, comparative background to the evolution of criminal insanity legislation and institutions for the mentally ill in the nineteenth century, with particular reference to Ireland and the United States. Three key themes are identified and explored: (a) the emergence of the insanity defence in the nineteenth century (e.g. the McNaughtan Rules); (b) conditions in nineteenth-century asylums and institutions for the ‘criminally insane’ (with particular reference to overcrowding, physical illness and asylum deaths); and (c) nineteenth-century considerations of criminal responsibility in women with mental illness (with particular reference to medical and judicial views of the relevance of menstruation, pregnancy and child-birth). These themes are explored through review of historical literature (with particular reference to the work of Dr. Isaac Ray, founding father of forensic psychiatry in the United States) and examination of previously unpublished archival material from the Central Criminal Lunatic Asylum, Dublin. 相似文献
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123.
Scholars increasingly have argued that the future effectiveness and legitimacy of firms' corporate social responsibility (CSR) activities are dependent on more transparent forms of lobbying to ensure firms' policy positions are aligned with their CSR commitments. Very little empirical work, however, has systematically analyzed firms' lobbying disclosures or examined how these firms coordinate their lobbying and CSR activities. We address these empirical questions by analyzing the CSR reports of 150 corporations from Germany, the UK and the US over an 18-year period and by conducting interviews with the CSR managers of these firms. We find that corporations have become more transparent about their public policy advocacy over time, thus acknowledging that lobbying is a CSR issue. For most firms, however, this commitment to transparency appears to be largely ceremonial. Few firms disclose the specific policy positions they advocate or sufficiently coordinate the work of their lobbying and CSR units to foster greater alignment of these activities. These modest changes in lobbying transparency appear to be driven by legitimacy concerns and, in a few instances, by governance gaps firms perceive to be relevant to their future business interests. 相似文献
124.
Forensic taphonomy as a discipline requires standardization to satisfy Daubert criteria for scientific data to be admissible in court. In response, there has been a shift towards quantification of methodology and estimating the postmortem interval. Despite these advances, there are still biases and limitations within the discipline not explicitly addressed in the early stages of experimental design nor in final published works. In this article, unresolved debates with respect to the conductance and reporting of forensic taphonomic research are reviewed, beginning with the nature of experimental cadavers, human or animal analogues and their body size, and second, the forensic realism of experimental setups, specifically with respect to caging, clothing and number of carcases. Pigs, albeit imperfect, are a good model to gain a general idea of the trends that may be seen in humans in subsequent validation studies in facilities where human donors are available. To date, there is no consensus among taphonomists on the extent of the effect that body mass has on decomposition progression. More research is required with both human cadavers and non-human analogues that builds on our current knowledge of forensic taphonomy to answer these nagging questions. This will enable the discipline to make the reliable assumption that pigs and donor decomposition data can be applied to homicide cases. A suite of experimental design aspects is suggested to ensure systematic and standardized data collection across different biogeoclimatic circumstances to identify and quantify the effects of potential confounding variables. Such studies in multiple, varied biogeographic circumstances with standardized protocols, equipment and carrion will facilitate independent global validation of patterns. These factors are reviewed to show the need for adjustments in experimental design to ensure relevance and applicability of data within locally realistic forensic situations. The initiation of a global decomposition data network for forensic taphonomists is recommended.
Key points
- Pigs are a valuable, albeit imperfect, proxy for human decomposition studies.
- There are few or conflicting data on effects of carcase size, carrion ecology, exclusion cages and scavengers.
- We recommend single, clothed, uncaged carcases for baseline research to reflect regionally specific forensic casework.
125.
126.
Joan B. Kelly 《Family Court Review》1997,35(4):377-387
Despite heavy use of the concept of the "best interests" of the child, there is little consensus about what criteria constitute a child's best interests or how these criteria should be applied. This article explores some of the problems of the best interest concept, from the developmental and psychological perspective, and suggests that the concept is a worthwhile one if decision makers are able to go beyond cliches and superficial definitions. 相似文献
127.
128.
Andrew Kelly 《Journal of Australian Studies》2017,41(1):81-95
Contrary to popular belief, the conclusion of the 1951 ANZUS Treaty did little to encourage an immediate closer political relationship between Australia and New Zealand. The Tasman powers disagreed on major strategic issues and cooperation was minimal (and in some cases entirely absent). Focusing on the development of trans-Tasman relations between 1951 and 1955, this article examines Australian and New Zealand views pertaining to the scope and implementation of the ANZUS Treaty, proposals for the Five Power Staff Agency in Southeast Asia, the “United Action” proposal during the 1954 Indochina Crisis and the “Operation Oracle” project during the 1954–1955 Quemoy–Matsu Crisis. This article advances the conclusion that Australia and New Zealand mainly disagreed on these issues due to competing views about their respective political relationships with the United States and Britain. In other words, in the immediate post-treaty period, closer trans-Tasman political relations were ultimately hindered by strong divisions over accepting the United States instead of Britain as the cornerstone of their respective foreign policies. 相似文献
129.
Kelly Brinsko-Beckert M.S. Christopher S. Palenik Ph.D. 《Journal of forensic sciences》2020,65(5):1480-1496
3D printers are becoming increasingly efficient and economical, and thus more widespread and easily accessible to consumers and businesses. They have been used to print nefarious objects such as guns and suppressors. Previous research has documented the release of dust particles during the printing process; however, little has been written about the morphology and chemical features that define the dust emitted by these printers. This study was undertaken to recover, analyze, and identify the dust produced during the printing process in the context of forensic trace evidence analysis. Samples were collected from a variety of 3D fused deposition modeler printers, representing both consumer and commercial grade models. This work focused on printers that use thermoplastic filaments composed of acrylonitrile butadiene styrene (ABS) or polylactic acid (PLA), two of the most commonly used filament polymers. Swabs were used to collect dust within the printer chamber and then processed to isolate the dust particles. Particles produced from ABS filaments are most easily recognized via light microscopy through a combination of color, morphology, and fluorescence. The composition of these particles can be confirmed through analysis by either FTIR or Raman microspectroscopy. These methods can also be used to identify ABS fillers and pigments within the printer dust particles. In contrast, dust from PLA printers consistently contained finer, submicron-sized particles that could be observed by field emission scanning electron microscopy. Because the size of the particles precludes their identification using vibrational spectroscopy methods, pyrolysis-GC-MS was used to confirm the presence of PLA. 相似文献
130.
Leigh Hlavaty M.D. Jeffery Amley B.S. Kelly Root B.F.A. Sarah Avedschmidt M.D. Andrea Jaworski B.S. LokMan Sung M.D. 《Journal of forensic sciences》2020,65(2):500-507
When interpreting firearm injuries, the distinction between gunshot wounds and shotgun wounds is important, and separation of these categories is typically straightforward. However, .410 bore firearms can make the classification difficult. Shotguns and revolvers that can fire the same .410 bore ammunition are readily available. This study investigates the soot and gunpowder deposits and pellet patterning of these two types of weapons using cartridges specially designed for .410 bore revolvers and standard birdshot pellet ammunition. For both ammunition types, the revolver had more prompt pellet dispersion and positive detection of gunpowder at greater distances compared to the shotgun. Additionally, .410 bore slugs are of similar caliber to many common bullets. In comparing the .410 bore slugs to equivalent bullets, some morphologic differences may be imparted on the skin by the slugs, but the greatest insight into the weapon remained with the retained projectiles. 相似文献