32,006 research outputs found
The Case for Jury Sentencing
There are powerful historical, constitutional, empirical, and policy justifications for a return to the practice of having juries, not judges, impose sentences in criminal cases. The fact that Americans inherited from the English a mild preference for judge sentencing was more a historical accident than a case of thoughtful policy. Jury sentencing became quite widespread in the colonial and postcolonial eras as a reflection of deep-seated mistrust of the judiciary. The gradual drift away from jury sentencing was driven not by a new-found faith in the judiciary, but rather by the now discredited paradigm of rehabilitationism. Now that that paradigm has shifted to neoretribution, and that the essential moral character of the criminal law has been rediscovered, jurors should likewise be rediscovered as the best arbiters of that moral inquiry. A return to jury sentencing would also mesh nicely with the Court\u27s struggle in its Apprendi line of cases to find a sensible way to distinguish between elements and sentence-enhancers under the Sixth Amendment. A Sixth Amendment interpreted to include the right to jury sentencing would also restore the textual symmetry between the Sixth and Seventh Amendments. There are no constitutional, empirical, or policy reasons why a defendant accused of committing negligence has the right to have both his guilt and damages assessed by a jury, but a criminal defendant has only half that right
A preliminary collation of the thermodynamic and transport properties of potassium
Thermodynamic, transport, and nuclear properties of saturated liquid and vapor potassiu
Medical requirements in support of long duration manned space flight
Medical support program for crew health and performance requirements in manned space flights of long duratio
Magnetic deflection ion mass spectrometer experiment for atmosphere explorer
The magnetic ion mass spectrometer was carried aboard Atmosphere Explorer C and Atmosphere Explorer D. The instrument measures the relative abundance of ionic species with very high sensitivity and very high mass resolution. Thus isotopic ratios for various ion species can be examined and minor ion species such as O(++), N(++), and H(+) can be detected when their relative abundance is very small. These instruments functioned with no critical internal failures but the premature loss of the AE-D spacecraft after only a few months of operation has led to an emphasis of scientific achievement from AE-C. The very long lifetime of AE-C coupled with the prolonged time that this spacecraft spent near the F-region peak led to the accumulation of very large count numbers in the channeltron detectors
Study of outgassing and decomposition of space shuttle heat protection tiles, fillers and adhesive
The purpose of this project was to determine the chemicals desorbing from the space shuttle heat protection tiles. The original protocol for this project involved direct insertion probe mass spectrometry (DIPMS) analysis of the outgassing products from the tiles. However, this method proved unsatisfactory due to the large number of compounds desorbing from the tiles. A purge and trap technique was then employed to collect and separate the chemicals desorbing from the tiles. The maximum temperature in this analysis was 180 C which is the gas chromatograph fused silica capillary column's temperature limit. The desorption was also carried out at atmospheric pressure with helium as the purge gas. A description of the modified protocol is given. All compounds are tentatively identified
Biological generalizations and the search for extraterrestrial life
Biological exploration for extraterrestrial lif
Centrifugally Obtained Artificial Gravity
Centrifugally obtained artificial gravity effects on space station crew performanc
The Complex Links Between Governance and Biodiversity
We argue that two problems weaken the claims of those who link corruption and the exploitation of natural resources. The first is conceptual. Studies that use national level indicators of corruption fail to note that corruption comes in many forms, at multiple levels, and may or may not affect resource use. Without a clear causal model of the mechanism by which corruption affects resources, one should treat with caution any estimated relationship between corruption and the state of natural resources. The second problem is methodological: Simple models linking corruption measures and natural resource use typically do not account for other important causes and control variables pivotal to the relationship between humans and natural resources. By way of illustration of these two general concerns, we demonstrate that the findings of a well known recent study that posits a link between corruption and decreases in forests, elephants, and rhinoceros are fragile to simple conceptual and methodological refinements
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