Administrative License Suspensions, Criminal Prosecution and the Double Jeopardy Clause

This Note argues that revocation of a driver\u27s license under ALS proceedings is not a bar to subsequent criminal prosecution by the state. It discusses the potential double jeopardy implications surrounding ALS that is followed by criminal proceedings, as well as the reasoning employed by a majority of the courts that hold that an ALS is remedial and, therefore, not punishment for purposes of the Double Jeopardy Clause. It argues that with regard to determining whether an ALS is punitive, the appropriate test should balance the effect of the statute on the driver against the state\u27s interest in protecting the public safety. This Note concludes that the punitive effects on drunken drivers by the imposition of a 90-day driver\u27s license suspension and a moderate reinstatement fee is not disproportionate to the perceived risk drunken drivers pose to society while they await trial, and thus the presumption that the government is acting in a non-punishing capacity is not rebutted. Thus, the typical 90-day ALS is not punitive and may be accompanied by subsequent criminal prosecution

Administrative License Suspensions, Criminal Prosecution and the Double Jeopardy Clause

This Note argues that revocation of a driver\u27s license under ALS proceedings is not a bar to subsequent criminal prosecution by the state. It discusses the potential double jeopardy implications surrounding ALS that is followed by criminal proceedings, as well as the reasoning employed by a majority of the courts that hold that an ALS is remedial and, therefore, not punishment for purposes of the Double Jeopardy Clause. It argues that with regard to determining whether an ALS is punitive, the appropriate test should balance the effect of the statute on the driver against the state\u27s interest in protecting the public safety. This Note concludes that the punitive effects on drunken drivers by the imposition of a 90-day driver\u27s license suspension and a moderate reinstatement fee is not disproportionate to the perceived risk drunken drivers pose to society while they await trial, and thus the presumption that the government is acting in a non-punishing capacity is not rebutted. Thus, the typical 90-day ALS is not punitive and may be accompanied by subsequent criminal prosecution

Making things visible : audit quality control in the UK and the definition of the professional order

Amongst professional activities, audit has increasingly departed from what the sociology of professions traditionally considered to be lying at the heart of the identity of the members of a professional body : the autonomy to judge the nature and amount of work that is necessary to treat the cases submitted to these members. Indeed, the generalisation of audit standards and the institutionalisation of means of controlling their application have in the last thirty years contributed to externalise and collectivise professional judgement. This paper tries to go back over the consequences of the process of controlling the work of auditors, both for the definition of audit itself and for the definition of the professional community. To do this, the paper takes the example of the operation of an audit monitoring unit that was set by the Institute of cartered accountants in England and Wales (in association with the Scottish and Irish Institutes of cartered accountants) to comply with the 1989 Companies act that integrated the 8th European Company Law directive in the British legislation. As what regards audit, it is shown that the result of the monitoring process was to reveal a great diversity in the ways of understanding audit practice as well as to stigmatise, not so much ill practice, but rather practices that were distant to the model that had inspired the definition of audit standardsn and the definition of the way to control their application. Regarding the professional community, it is contented that the monotoring process lead top make the hierarchical structure of this community visible whilst rendering a revision of the process necessary so as to attemps to restore order and unity in the professional body.audit; quality control

Exporting professional models: the expansion of the multinational audit firm and the transformation of the French accountancy profession since 1970

this paper analyses the transformations induced since 1970 in the French accountancy profession by the globalisation of France's economy.professions; audit; globalization; France sociological history

A Theory of the Acquisition of Episodic Memory

Case-based reasoning (CBR) has been viewed by many as just a methodology for building systems, but the foundations of CBR are psychological theories. Dynamic Memory (Schank, 1982) was the first attempt to describe a theory for learning in computers and people, based on particular forms of data structures and processes, that nowadays are widely used in a variety of forms in CBR. In addition to being useful for system building, CBR provides a way of discussing a range of issues concerned with cognition. This focus on the practical uses of CBR has deflected attention from the need to develop further the underlying theory. In particular, the issue of knowledge acquisition, in not adequately handled by the existing theory. This paper discusses this theoretical weakness and then proposes an enhanced model of learning which is compatible with the CBR paradigm

Topological characterization of crystalline ice structures from coordination sequences

Topological properties of crystalline ice structures are studied by considering ring statistics, coordination sequences, and topological density of different ice phases. The coordination sequences (number of sites at topological distance k from a reference site) have been obtained by direct enumeration until at least 40 coordination spheres for different ice polymorphs. This allows us to study the asymptotic behavior of the mean number of sites in the k-th shell, M_k, for high values of k: M_k ~ a k^2, a being a structure-dependent parameter. Small departures from a strict parabolic dependence have been studied by considering first and second differences of the series {M_k} for each structure. The parameter a ranges from 2.00 for ice VI to 4.27 for ice XII, and is used to define a topological density for these solid phases of water. Correlations between such topological density and the actual volume of ice phases are discussed. Ices Ih and Ic are found to depart from the general trend in this correlation due to the large void space in their structures.Comment: 10 pages, 7 figures, 3 table