Legal vs. quantified definitions of standards of proof

Law and Human Behavior - Three laboratory experiments were conducted to compare legal (unquantified) definitions of three standards of proof (“preponderance of the evidence,”...     

POLICE ADMINISTRATION: THE RESPONSE TO CHANGE*

Abstract: The organizational structure of Australian police forces is based on the quasi-military pattern established by the London Metropolitan Police Force. While community values, attitudes and aspirations remained comparatively static, this pattern seemed to both police and the public to be workable, if not completely satisfactory. However, it is becoming increasingly evident to police administrators that the traditional pattern of organization is experiencing difficulties in coping with a changing society. In America, in particular, attention has been given to attempts to replace the traditional police bureaucracy with a more flexible, participatory, science-based structure. Changes in police structures come about very slowly for a variety of reasons, including bureaucratic resistance to change. Australian Commissioners of Police are usually career appointments from within the force of practical officers who are not necessarily interested in administrative principles. Ministerial heads also are often not committed to innovative programs. In most cases, changes within Australian police forces have resulted from outside pressures, and major reforms have usually been associated with outside appointments to the post of Commissioner. A Commissioner who elects to be an innovator needs powerful backing from his minister and from within his organization, the support of influential community voices, reasonably long tenure of office and adequate financial allocations. His freedom to introduce reform is also affected by the philosophy of his police union. Available data suggest that our traditional law enforcement system is not succeeding in its prime tasks of preventing and solving crimes. Several courses of action are open to enable Australia's law enforcement agencies to be more responsive to a changing society: senior police officers should establish a national forum to enable their views to be heard, opportunities should be provided for concerned civilians to be informed about and involved in crime prevention and criminal justice, and the feasibility of copying the American system of State Criminal Justice Planning Agencies should be examined.     

Misclassification probability of dental discrimination functions for sex determination

Misclassification probability of dental discriminant functions for sexing American whites was evaluated using three verification procedures. These validation techniques involved sample resubstitution, jackknife classification, and use of a holdout sample. Resulting discriminant score distributions yielded correct classifications ranging between 65 and 81% depending upon the particular tooth combinations selected. Dental discriminant functions are applicable to forensic science cases if used with caution.     

Expert evidence. Historical perspectives

Nearly 150 years ago, a seaman received a blow on the right side in the liver region, dying a month later. As a result of fresh autopsy findings, the accused was arrested and imprisoned. However, the defense counsel obtained an exhumation order. This led to the discovery of coexisting lethal disease and culminated in full discharge by a grand jury. The various aspects of the case are examined and shown to anticipate modern principles of expert evidence.     

Asymmetric septal hypertrophy of the heart. New findings concerning the possible etiology of sudden deaths in five males

This report describes certain interesting postmortem findings in the hearts of five subjects who died suddenly, silently, and unexpectedly, and in whom the only significant abnormality at autopsy was asymmetric septal hypertrophy (ASH) of the heart. Deep clefts, cystic faults, and dilated vascular channels were not only seen within the septal myocardium in all the hearts, but also within the left ventricular free walls of two hearts. The septal myocardium and the left ventricular free walls of two hearts and the A-V node and His bundle of one heart demonstrated mural and luminal thrombi of several dilated vascular channels. In another heart, foci of cardiocytic myofibrillar degeneration were seen, especially close to narrowed small coronary vessels. Fetal dispersion and fibrosis of the A-V node and His bundle were evident in one heart. These abnormalities in the conducting system and the ventricular myocardium suggest that the hearts of subjects with ASH are not only excellent anatomic substrates for lethal arrhythmias, but also are bound to be hemodynamically impaired. We believe that conditions such as hypoxia, increased oxygen demand by the heart or abnormal sympathetic stimulus may easily trigger fatal arrhythmias in such individuals, thereby causing sudden death.     

THE LOGIC OF J. S. MILL ON FREEDOM

Abstract Mill's aim in Chapter 2 of Book 6 of the System of Logic, to reconcile human freedom with universal causality whilst at the same time answering the challenge of Owenite 'social fatalism', pushes him into attempting an ambitious reconstruction of the traditional Compatibilist conception of freedom as absence of constraint. An examination of the convolutions through which the argument goes before culminating in the conclusion that genuine freedom is the same as complete virtue reveals over half-a-dozen distinct varieties of freedom and a remarkably chaotic mixture of insight and confusion, much of which bears directly upon an understanding of the kind of freedom Mill was out to protect in On Liberty.     

A new definition of privacy for the law

The paper begins with a defence of a new definition of privacy as the absence of undocumented personal knowledge. In the middle section, I criticise alternative accounts of privacy. Finally, I show how my definition can be worked into contemporary American Law.