Collusive Prosecution

In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to extract greater punishments and defendants can avoid consequences they view as particularly burdensome. But these benefits can come at a cost to others who are not at the bargaining table. We contend that “collusive prosecution” of this sort can be pernicious, as may be the case when sex-offender registration and notification laws are in play, but it also has potential to be socially attractive. Accordingly, we sketch a normative framework for evaluating collusive prosecution as a matter of prosecutorial ethics. We draw on the emerging field of public fiduciary theory to characterize prosecutors’ ethical duties to varied—and often conflicting—beneficiaries. We suggest that programmatic uses of collusive prosecution may be fair and reasonable in a common immigration context, but collusive prosecution designed to relocate sex-offense registrants likely fail these conditions. Ultimately, we offer a suite of reforms that may be useful for policing collusive prosecution without banning the practice outright

Collusive Prosecution

In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to extract greater punishments and defendants can avoid consequences they view as particularly burdensome. But these benefits can come at a cost to others who are not at the bargaining table. We contend that “collusive prosecution” of this sort can be pernicious, as may be the case when sex-offender registration and notification laws are in play, but it also has potential to be socially attractive. Accordingly, we sketch a normative framework for evaluating collusive prosecution as a matter of prosecutorial ethics. We draw on the emerging field of public fiduciary theory to characterize prosecutors’ ethical duties to varied—and often conflicting—beneficiaries. We suggest that programmatic uses of collusive prosecution may be fair and reasonable in a common immigration context, but collusive prosecution designed to relocate sex-offense registrants likely fail these conditions. Ultimately, we offer a suite of reforms that may be useful for policing collusive prosecution without banning the practice outright

Using Serious Games to Train Adaptive Emotional Regulation Strategies

[EN] Emotional Regulation (ER) strategies allow people to influence the emotions they feel, when they feel them, how they experience them, and how they express them in any situation. Deficiencies or deficits in ER strategies during the adolescence may become mental health problems in the future. The aim of this paper is to describe a virtual multiplatform system based on serious games that allows adolescents to train and evaluate their ER strategies. The system includes an ecological momentary assessment (EMA) tool, which allows the therapist to monitor the emotional status of teenagers every day in real time. Results obtained from a usability and effectiveness study about the EMA tool showed that adolescents preferred using the EMA tool than other classical instruments.This study was funded by Vicerrectorado de Investigación de la Universitat Politècnica de València, Spain, PAID-06-2011, R.N. 1984; by Ministerio de Educación y Ciencia, Spain, Project Game Teen (TIN2010-20187) and partially by projects Consolider-C (SEJ2006-14301/PSIC), “CIBER of Physiopathology of Obesity and Nutrition, an initiative of ISCIII” and Excellence Research Program PROMETEO (Generalitat Valenciana. Consellería de Educación, 2008-157). The work of Alejandro Rodríguez was supported by the Spanish MEC under an FPI Grant BES-2011-043316.Alcañiz Raya, ML.; Rodríguez Ortega, A.; Rey, B.; Parra Vargas, E. (2014). Using Serious Games to Train Adaptive Emotional Regulation Strategies. Lecture Notes in Computer Science. 8531:541-549. https://doi.org/10.1007/978-3-319-07632-4_51S5415498531Mennin, D., Farach, F.: Emotion and evolving treatments for adult psychopathology. Clinical Psychology: Science and Practice 14, 329–352 (2007)Serrano, A., Iborra, I.: Informe violencia entre compañeros en la escuela. Spanish Version (2005), http://www.centroreinasofia.esInforme Cisneros X.: Acoso y Violencia Escolar en España, por Iñaki Piñuel y Araceli Oñate. Editorial IIEDDI, Spanish Version (2007)Werner, K., Gross, J.J.: Emotion Regulation and Psychopathology. In: Emotion Regulation and Psychopathology: A Transdiagnostic Approach to Etiology and Treatment. Guildford Press (2010)Berking, M., Wupperman, P., Reichardt, A., Pejic, T., Dippel, A., Znoj, H.: Emotion-regulation skills as a treatment target in psychotherapy. Behaviour Research and Therapy 46, 1230–1237 (2008)Shields, A., Cicchetti, D.: Emotion regulation among school-age children: The development and validation of a new criterion Q-sort scale. Developmental Psychology 33(6), 906–916 (1997)Gross, J.J., John, O.P.: Individual differences in two emotion regulation processes: Implications for affect, relationships, and well-being. Journal of Personality and Social Psychology 85(2), 348–362 (2003)Gross, J.J., Levenson, R.W.: Hiding feelings: The acute effects of inhibiting negative and positive emotion. Journal of Abnormal Psychology 106, 95–103 (1997)Winn, et al.: The Effect of Student Construction of Virtual Environments on the Performance of High- and Low-Ability Students. Annual Meeting of the American Educational Research Association (2003)Pantelidis, V.: Reasons to use virtual reality in education. VR in the Schools 1(1) (1995)Playmancer, http://www.playmancer.euBen Moussa, M., Magnenat-Thalmann, N.: Applying affect recognition in serious games: The playMancer project. In: Egges, A., Geraerts, R., Overmars, M. (eds.) MIG 2009. LNCS, vol. 5884, pp. 53–62. Springer, Heidelberg (2009)Replay, http://www.replayproject.euFeldman, L.B., Gross, J.J., Conner, T., Benvenuto, M.: Knowing what you’re feeling and knowing what to do about it: mapping the relation between emotion differentiation and emotion regulation. Cognition and Emotion 15, 713–724 (2001

Linear response of vibrated granular systems to sudden changes in the vibration intensity

The short-term memory effects recently observed in vibration-induced compaction of granular materials are studied. It is shown that they can be explained by means of quite plausible hypothesis about the mesoscopic description of the evolution of the system. The existence of a critical time separating regimes of ``anomalous'' and ``normal'' responses is predicted. A simple model fitting into the general framework is analyzed in the detail. The relationship between this work and previous studies is discussed.Comment: 10 pages, 6 figures; fixed errata, updtated reference

Diffusion of impurities in a granular gas

Diffusion of impurities in a granular gas undergoing homogeneous cooling state is studied. The results are obtained by solving the Boltzmann--Lorentz equation by means of the Chapman--Enskog method. In the first order in the density gradient of impurities, the diffusion coefficient $D$ is determined as the solution of a linear integral equation which is approximately solved by making an expansion in Sonine polynomials. In this paper, we evaluate $D$ up to the second order in the Sonine expansion and get explicit expressions for $D$ in terms of the restitution coefficients for the impurity--gas and gas--gas collisions as well as the ratios of mass and particle sizes. To check the reliability of the Sonine polynomial solution, analytical results are compared with those obtained from numerical solutions of the Boltzmann equation by means of the direct simulation Monte Carlo (DSMC) method. In the simulations, the diffusion coefficient is measured via the mean square displacement of impurities. The comparison between theory and simulation shows in general an excellent agreement, except for the cases in which the gas particles are much heavier and/or much larger than impurities. In theses cases, the second Sonine approximation to $D$ improves significantly the qualitative predictions made from the first Sonine approximation. A discussion on the convergence of the Sonine polynomial expansion is also carried out.Comment: 9 figures. to appear in Phys. Rev.

Formation of a molecular Bose-Einstein condensate and an entangled atomic gas by Feshbach resonance

Processes of association in an atomic Bose-Einstein condensate, and dissociation of the resulting molecular condensate, due to Feshbach resonance in a time-dependent magnetic field, are analyzed incorporating non-mean-field quantum corrections and inelastic collisions. Calculations for the Na atomic condensate demonstrate that there exist optimal conditions under which about 80% of the atomic population can be converted to a relatively long-lived molecular condensate (with lifetimes of 10 ms and more). Entangled atoms in two-mode squeezed states (with noise reduction of about 30 dB) may also be formed by molecular dissociation. A gas of atoms in squeezed or entangled states can have applications in quantum computing, communications, and measurements.Comment: LaTeX, 5 pages with 4 figures, uses REVTeX

Volume modulus inflection point inflation and the gravitino mass problem

Several models of inflection point inflation with the volume modulus as the inflaton are investigated. Non-perturbative superpotentials containing two gaugino condensation terms or one such term with threshold corrections are considered. It is shown that the gravitino mass may be much smaller than the Hubble scale during inflation if at least one of the non-perturbative terms has a positive exponent. Higher order corrections to the Kahler potential have to be taken into account in such models. Those corrections are used to stabilize the potential in the axion direction in the vicinity of the inflection point. Models with only negative exponents require uplifting and in consequence have the supersymmetry breaking scale higher than the inflation scale. Fine-tuning of parameters and initial conditions is analyzed in some detail for both types of models. It is found that fine-tuning of parameters in models with heavy gravitino is much stronger than in models with light gravitino. It is shown that recently proposed time dependent potentials can provide a solution to the problem of the initial conditions only in models with heavy gravitino. Such potentials can not be used to relax fine tuning of parameters in any model because this would lead to values of the spectral index well outside the experimental bounds.Comment: 27 pages, 9 figures, comments and references added, version to be publishe

Collisional rates for the inelastic Maxwell model: application to the divergence of anisotropic high-order velocity moments in the homogeneous cooling state

The collisional rates associated with the isotropic velocity moments $$and the anisotropic moments$$ and $$ are exactly derived in the case of the inelastic Maxwell model as functions of the exponent $r$, the coefficient of restitution $\alpha$, and the dimensionality $d$. The results are applied to the evolution of the moments in the homogeneous free cooling state. It is found that, at a given value of $\alpha$, not only the isotropic moments of a degree higher than a certain value diverge but also the anisotropic moments do. This implies that, while the scaled distribution function has been proven in the literature to converge to the isotropic self-similar solution in well-defined mathematical terms, nonzero initial anisotropic moments do not decay with time. On the other hand, our results show that the ratio between an anisotropic moment and the isotropic moment of the same degree tends to zero.Comment: 7 pages, 2 figures; v2: clarification of some mathematical statements and addition of 7 new references; v3: Published in "Special Issue: Isaac Goldhirsch - A Pioneer of Granular Matter Theory