9,326 research outputs found

    Exploring the mens rea requirements of the Serious Crime Act 2007 assisting and encouraging offences

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    This article examines the mens rea requirements of the new assisting and encouraging offences set out in Part 2 of the Serious Crime Act 2007. Analysing the case of Rv.S&H [2011] EWCA Crim 2872, a case in which the Court of Appeal attempted to clarify this complex and troublesome area, it is demonstrated how and why the court (as well as other academic commentators) have erred in their interpretations of the statute. Moving to clarify these areas of uncertainty, the article then seeks to cast light on concerns about the future operation of these offences, concerns previously hidden by that uncertainty

    Understanding ulterior mens rea: future conduct intention is conditional intention

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    Where criminal offences such as attempt and conspiracy require a defendant (D) to intend future conduct, D’s intention will always be conditional. D’s intention may be explicitly conditional (eg, D intends to rob the shop, but only if unable to pay her rent), or implicitly conditional (eg, D intends to rob the shop, but if asked, would not do so if she found it surrounded by police). Rather than interpreting and defining conditional intention as synonymous with all future conduct intention, however, courts and commentators have too often approached it as unique, separate, and problematic. This has led to problems of inconsistency in application, and simple incoherence. This article sets out and defends a model of conditional intention as future conduct intention, and as the key to understanding and applying ulterior mens rea

    A contingency analysis of precarious organizational temporariness

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    This paper extends our current understanding of organizational temporariness. The life of a temporary British trade union branch established to recruit Eastern European migrant workers reveals ‘precarious temporariness’, which is less predictable than the ‘planned temporariness’ typically portrayed in the literature. This different type of temporariness was associated with four key contingencies affecting the branch: dispersed governance, bottom-up initiatives, uncertain resourcing, and an effectuation logic. Analysis of the case extends our existing understanding of organizational temporariness and points to an extension of existing theorizing by highlighting the contingent nature of temporariness. The broader managerial implication of the findings is that for projects facing contingencies of the kind studied, the conventional linear approach of target setting and performance management will be less effective than an ongoing process of communication and consultation

    Isaac Barrow: The Drawer of Tangents.

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    Association of molecules using a resonantly modulated magnetic field

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    We study the process of associating molecules from atomic gases using a magnetic field modulation that is resonant with the molecular binding energy. We show that maximal conversion is obtained by optimising the amplitude and frequency of the modulation for the particular temperature and density of the gas. For small modulation amplitudes, resonant coupling of an unbound atom pair to a molecule occurs at a modulation frequency corresponding to the sum of the molecular binding energy and the relative kinetic energy of the atom pair. An atom pair with an off-resonant energy has a probability of association which oscillates with a frequency and time-varying amplitude which are primarily dependent on its detuning. Increasing the amplitude of the modulation tends to result in less energetic atom pairs being resonantly coupled to the molecular state, and also alters the dynamics of the transfer from continuum states with off-resonant energies. This leads to maxima and minima in the total conversion from the gas as a function of the modulation amplitude. Increasing the temperature of the gas leads to an increase in the modulation frequency providing the best fit to the thermal distribution, and weakens the resonant frequency dependence of the conversion. Mean-field effects can alter the optimal modulation frequency and lead to the excitation of higher modes. Our simulations predict that resonant association can be effective for binding energies of order h×1h \times 1 MHz.Comment: 8 pages latex, figures revised, references updated and typos correcte

    The method of Gaussian weighted trajectories. V. On the 1GB procedure for polyatomic processes

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    In recent years, many chemical reactions have been studied by means of the quasi-classical trajectory (QCT) method within the Gaussian binning (GB) procedure. The latter consists in "quantizing" the final vibrational actions in Bohr spirit by putting strong emphasis on the trajectories reaching the products with vibrational actions close to integer values. A major drawback of this procedure is that if N is the number of product vibrational modes, the amount of trajectories necessary to converge the calculations is ~ 10^N larger than with the standard QCT method. Applying it to polyatomic processes is thus problematic. In a recent paper, however, Czako and Bowman propose to quantize the total vibrational energy instead of the vibrational actions [G. Czako and J. M. Bowman, J. Chem. Phys., 131, 244302 (2009)], a procedure called 1GB here. The calculations are then only ~ 10 times more time-consuming than with the standard QCT method, allowing thereby for considerable numerical saving. In this paper, we propose some theoretical arguments supporting the 1GB procedure and check its validity on model test cases as well as the prototype four-atom reaction OH+D_2 -> HOD+D

    Use of non-ionic substrates for determination of cellulase

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    Use of non-ionic substrates for determination of cellulas

    The quality of different types of child care at 10 and 18 months. A comparison between types and factors related to quality.

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    The quality of care offered in four different types of non-parental child care to 307 infants at 10 months old and 331 infants at 18 months old was compared and factors associated with higher quality were identified. Observed quality was lowest in nurseries at each age point, except that at 18 months they offered more learning activities. There were few differences in the observed quality of care by child-minders, grandparents and nannies, although grandparents had somewhat lower safety and health scores and offered children fewer activities. Cost was largely unrelated to quality of care except in child-minding, where higher cost was associated with higher quality. Observed ratios of children to adults had a significant impact on quality of nursery care; the more infants or toddlers each adult had to care for, the lower the quality of the care she gave them. Mothers' overall satisfaction with their child's care was positively associated with its quality for home-based care but not for nursery settings
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