61,796 research outputs found

    Habeas Corpus in Peru: Myth and Reality

    Get PDF
    The purpose of the present article is not to criticize the laudable project of those whose object is to secure better protection for fundamental human rights, but rather to examine in detail the theory and practice of habeas corpus in one Latin American country, Peru, and to demonstrate that the greatest encroachments on human rights come not from political tyranny, as is popularly imagined, but from the malfunctioning of the legal system itself, against which even the most perfectly conceived habeas corpus is quite ineffective. It is trite but true that a legal system is only as effective as the human agency engaged in running it. It is sad to relate that, for all their apparent excellence on paper, the majority of Peruvian laws, as anyone with but slight acquaint- ance with the country can testify, are a dead letter. Of nothing is this truer than of the law relating to habeas corpus in Peru

    A Sentencing Problem: How Far Is a Fall from Grace

    Get PDF
    It is now almost universally accepted that there are three possible bases underlying sentences imposed by the Courts, following some breach of the criminal law. These are generally described as retribution, deterrence and reformation. Occasionally these qualities are considered in combination under some such title as the aims of penal measures. Another factor, ever present in a vague though influential form, now seems to be emerging from the shadows to assume more definite shape. Yet to materialize is its relationship to the other established, uncontroverted aims. The emergent element may conveniently be termed public disapproval, under which may be subsumed all those social sentiments, tacit or express, which reflect in the view taken of the offender\u27s conduct. It is increasingly evident that imprecision in regard to the understanding of this factor and its relationship to the accepted sentencing criteria constitutes agreat obstacle to the rationalization of penal policy and is at the root of many of the inconsistencies into which Courts are forced from time to time

    Toward a Rational Doctrine of Criminal Responsibility

    Get PDF

    Fitness to Proceed: A Brief Look at Some Aspects of the Medico-Legal Problem under the New York Criminal Procedure Law

    Get PDF
    The New York Criminal Procedure Law, which came into force on September 1, 1971, introduced two concepts which it proceeded to define successively: the incapacitated person and the dangerous incapacitated person. The medico-legal problems, of which some aspects are to be considered here, reside in the identification of those persons and the application to them of the procedural steps, which the legislation prescribes in their case. It is proposed here to examine some of the problems facing the lawyer and the psychiatric examiner in relation to the incapacitated person as defined by the Criminal Procedure Law. It is necessary to state at the outset, that it is not proposed to deal with the extremely complex and near-inexhaustible subject of dangerousness. It must, however, be adverted that the pressing problem of the medico-legal standard of dangerousness, the legislative association of the adjective dangerous with the term incapacitated person so as to mean something quite different, and the legislative proximity of these quite distinct topics are what tend to divert attention from some of the more interesting problems inherent in the basic, statutory definition. The intention here is to focus attention upon these problems, to explain what they seem to be, and to show their relation to the practical application of these standards

    Space physics missions handbook

    Get PDF
    The purpose of this handbook is to provide background data on current, approved, and planned missions, including a summary of the recommended candidate future missions. Topics include the space physics mission plan, operational spacecraft, and details of such approved missions as the Tethered Satellite System, the Solar and Heliospheric Observatory, and the Atmospheric Laboratory for Applications and Science

    Clementine Observations of the Zodiacal Light and the Dust Content of the Inner Solar System

    Get PDF
    Using the Moon to occult the Sun, the Clementine spacecraft used its navigation cameras to map the inner zodiacal light at optical wavelengths over elongations of 3-30 degrees from the Sun. This surface brightness map is then used to infer the spatial distribution of interplanetary dust over heliocentric distances of about 10 solar radii to the orbit of Venus. We also apply a simple model that attributes the zodiacal light as being due to three dust populations having distinct inclination distributions, namely, dust from asteroids and Jupiter-family comets (JFCs), dust from Halley-type comets, and an isotropic cloud of dust from Oort Cloud comets. The best-fitting scenario indicates that asteroids + JFCs are the source of about 45% of the optical dust cross-section seen in the ecliptic at 1 AU, but that at least 89% of the dust cross-section enclosed by a 1 AU radius sphere is of a cometary origin. When these results are extrapolated out to the asteroid belt, we find an upper limit on the mass of the light-reflecting asteroidal dust that is equivalent to a 12 km asteroid, and a similar extrapolation of the isotropic dust cloud out to Oort Cloud distances yields a mass equivalent to a 30 km comet, although the latter mass is uncertain by orders of magnitude.Comment: To be published in Icaru
    • 

    corecore