Trial Day Sixteen

Author(s):  
Peter H. Reid

On September 12, Judge Platt reviews the facts in detail and emphasizes various points of law, which the assessors must use in making their decisions. The judge states that the prosecution’s proof must be beyond a reasonable doubt, but if there is doubt, it must be genuine. If the assessors believe Peppy’s death was an accident, then they must find the accused not guilty. This will also apply to each of the three parts of the definition of murder. The prosecution must prove its case beyond reasonable doubt on each aspect of the case, whereas the defense need only raise a doubt. The judge then asks for their decision. Separately, they provide their analyses and verdicts. The judge says he will announce his verdict on Saturday, September 17.

1977 ◽  
Vol 23 (2) ◽  
pp. 136-153 ◽  
Author(s):  
Gerald D. Robin

Forcible rape is unique among crimes in the manner in which its victims are dealt with by the criminal justice system. Raped women are subjected to an institutionalized sexism that begins with their treatment by the police, continues through a male-dominated criminal justice system influenced by pseudo-scientific notions of victim precipitation, and ends with the systematic acquittal of many de facto guilty rapists. The codification of sexism centers in the legal elements involved in proving guilt and obtaining convictions. In effect, the law's focus upon corrob oration, consent, and character has established a standard of proof in rape cases that is more stringent than "beyond a reasonable doubt." Nonetheless, the processing of rape victims by the criminal justice system is gradually becoming more sensitive, facilitative, and reflective of the trauma experienced by the women involved. The legal position toward the crime is also becoming less sexist and more responsive to the realities involved in sexual assault. Both of these changes have come about through the efforts of the women's liberation movement. The most promising means for achieving more humane and dignified treatment of rape victims in the arms of the law have been "rape crisis centers." This approach to eliminating institutionalized sexism surrounding forcible rape has been significantly aided and abetted by successful attempts to modify the basic definition of the crime and to revise the legal elements needed for conviction.


2011 ◽  
Vol 37 (4) ◽  
pp. 393-399 ◽  
Author(s):  
Alain Touraine

Two opposite statements must be rejected with the same rigor. First (1) is that a few countries have identified themselves with modernity by their scientific, technical and economic achievement and that the rest of the world, which is lagging behind the ‘advanced countries’, must follow in their footsteps and imitate their example. The article first of all sets out the falsity of such a statement, because there is not one but many western paths of modernization, and indicates that it is nothing but a colonialist ideology, which spread from European and American societies and cultures and destroyed all independent efforts of modernization in other countries, in particular China. The hegemony of the western capitalist model is more than challenged by other ways of modernization, for though the soviet model has failed, other countries are ‘emerging’ or have already emerged. Second (2) the opposite representation defends the idea of a complete multiculturalism including political regimes and human rights. It fights against the previous colonialist model and supports a total relativism. But this view makes impossible the communication between completely different countries and cultures and reciprocal fear leads to an extreme conflict between ‘civilizations’, such as S. Huntington has described. This view leads to the conclusion that war is inevitable if each civilization has a complete internal unity and a complete control on all its activities. But the world is not divided into various theocratic states: no single theocratic state commands the whole or the majority of Muslim population. The central problem remains real and difficult: how to combine unity and diversity, the difference between cultures and the capacity for them to communicate with each other? The most useful idea is to elaborate one general definition of modernity, as a culture which is based on universalistic principles. The western mode of modernization is not the only possible one; nor is it at all sure that the western process of separation of temporal and spiritual powers is the only possibility. We cannot assert that universalism must penetrate social life only through political institutions and citizenship. It is beyond any reasonable doubt that modernity, with its universalistic components, cannot be identified with only one type of social organization and cultural values.


Author(s):  
Gerry Ferguson

This chapter examines the Canadian law of fitness to stand trial, which has remained largely the same since its codification in 1992. It examines two major weaknesses of that law. First, the statutory definition of unfit to stand trial is unduly narrow. Secondly, the disposition imposed on the accused after a finding of unfitness still allows, at least theoretically, for indefinite detention. The chapter also analyses existing data on the actual length of detention for unfit accused. Other reform issues are also examined in this chapter. For example, is it time for Canada to abolish the practice of fitness to stand trial verdicts being made by juries rather than judges? And should Canada raise the standard of proof to ‘beyond a reasonable doubt’ when the issue of unfit to stand trial is alleged solely by the Crown?


Author(s):  
Smet Simon De

Standards of proof are a common and essential feature of modern systems of adjudication. The definition of the criminal standard of proof before the ICC has, however, not been a straightforward matter. The Katanga judgment shows deep divisions among the judges on the interpretation of the international criminal standard of proof. This chapter discusses the theoretical choices involved in setting the standard of proof. It argues that any meaningful discussion of standards of proof must involve two different elements: the determination of a model of judicial fact-finding to determine how the standard of proof can be defined, and a complex balancing exercise of all the relevant interests in order to set the applicable standard.


1957 ◽  
Vol 77 (1) ◽  
pp. 7-11 ◽  
Author(s):  
D. J. Allan

In what relation the Magna Moralia stands to the genuine works of Aristotle, and to what phase of Peripatetic doctrine it belongs, are questions which have been discussed with a fair measure of agreement by living scholars. Jaeger described the revolution within the Peripatos which, within two generations, led Dicaearchus to reject the ideal of the contemplative life, making human happiness depend on moral virtue and the life of action. Walzer showed beyond reasonable doubt that the M.M. was influenced by Theophrastus's terminology and statement of problems, and was led to infer that the writer, in his treatment of phronesis and sophia, had formed an uneasy compromise between the views of Theophrastus and Dicaearchus (p. 191). Brink proved from the terminology and style of the treatise, and in amore general way from the structure of its argument, that the author was expounding, probably at an interval of several generations, a received doctrine which he failed to think out properly for himself. Building upon their results, Dirlmeier boldly tried to fix the absolute date of the work within half a century. He argued that it must have been in existence before the first century B.C., since it was used as an authoritative text by the Peripatetic writer from whom Arius Didymus took his compendium of Peripatetic ethical doctrine. On the other hand, a terminus post quem can be obtained from 1204a23, where we read that ‘some persons either equate happiness and pleasure, or regard pleasure as essential to happiness; others, unwilling to reckon pleasure as a good, nevertheless add absence of pain (sc. to ἀρετή in their definition of happiness). Who then were these others? Cicero provides the answer: Diodorus, eius [Critolai] auditor, adiungit ad honestatem vacuitatem doloris (de Finibus V 5, 14, cf. Tusc. Disp. V 30, 85). Now this Diodorus lived in the second half of the second century B.C., and the M.M. mustbe nearly contemporary with him. In confirmation of this, Dirlmeier showed that the writer uses without comment terms which are unquestionably of Stoic origin, such as προθετικός, ἐπιτευκτικός, κατόρθωμα, ἀποκατάστασις, which are coinages not of the earliest Stoicism but of Chrysippus or his followers. Both Walzer and Dirlmeier have called attention to the fact that the writer shows himself to be wholly without understanding of Aristotle's theology, and actually becomes polemical, refusing to contemplate a God who contemplates himself (1212b37–13a10).


1966 ◽  
Vol 24 ◽  
pp. 3-5
Author(s):  
W. W. Morgan

1. The definition of “normal” stars in spectral classification changes with time; at the time of the publication of theYerkes Spectral Atlasthe term “normal” was applied to stars whose spectra could be fitted smoothly into a two-dimensional array. Thus, at that time, weak-lined spectra (RR Lyrae and HD 140283) would have been considered peculiar. At the present time we would tend to classify such spectra as “normal”—in a more complicated classification scheme which would have a parameter varying with metallic-line intensity within a specific spectral subdivision.


1975 ◽  
Vol 26 ◽  
pp. 21-26

An ideal definition of a reference coordinate system should meet the following general requirements:1. It should be as conceptually simple as possible, so its philosophy is well understood by the users.2. It should imply as few physical assumptions as possible. Wherever they are necessary, such assumptions should be of a very general character and, in particular, they should not be dependent upon astronomical and geophysical detailed theories.3. It should suggest a materialization that is dynamically stable and is accessible to observations with the required accuracy.


1979 ◽  
Vol 46 ◽  
pp. 125-149 ◽  
Author(s):  
David A. Allen

No paper of this nature should begin without a definition of symbiotic stars. It was Paul Merrill who, borrowing on his botanical background, coined the termsymbioticto describe apparently single stellar systems which combine the TiO absorption of M giants (temperature regime ≲ 3500 K) with He II emission (temperature regime ≳ 100,000 K). He and Milton Humason had in 1932 first drawn attention to three such stars: AX Per, CI Cyg and RW Hya. At the conclusion of the Mount Wilson Ha emission survey nearly a dozen had been identified, and Z And had become their type star. The numbers slowly grew, as much because the definition widened to include lower-excitation specimens as because new examples of the original type were found. In 1970 Wackerling listed 30; this was the last compendium of symbiotic stars published.


Author(s):  
K. T. Tokuyasu

During the past investigations of immunoferritin localization of intracellular antigens in ultrathin frozen sections, we found that the degree of negative staining required to delineate u1trastructural details was often too dense for the recognition of ferritin particles. The quality of positive staining of ultrathin frozen sections, on the other hand, has generally been far inferior to that attainable in conventional plastic embedded sections, particularly in the definition of membranes. As we discussed before, a main cause of this difficulty seemed to be the vulnerability of frozen sections to the damaging effects of air-water surface tension at the time of drying of the sections.Indeed, we found that the quality of positive staining is greatly improved when positively stained frozen sections are protected against the effects of surface tension by embedding them in thin layers of mechanically stable materials at the time of drying (unpublished).


Author(s):  
W. A. Shannon ◽  
M. A. Matlib

Numerous studies have dealt with the cytochemical localization of cytochrome oxidase via cytochrome c. More recent studies have dealt with indicating initial foci of this reaction by altering incubation pH (1) or postosmication procedure (2,3). The following study is an attempt to locate such foci by altering membrane permeability. It is thought that such alterations within the limits of maintaining morphological integrity of the membranes will ease the entry of exogenous substrates resulting in a much quicker oxidation and subsequently a more precise definition of the oxidative reaction.The diaminobenzidine (DAB) method of Seligman et al. (4) was used. Minced pieces of rat liver were incubated for 1 hr following toluene treatment (5,6). Experimental variations consisted of incubating fixed or unfixed tissues treated with toluene and unfixed tissues treated with toluene and subsequently fixed.


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