To Catch the Lion, Tether the Goat: Entrapment, Conspiracy, and Sentencing Manipulation

This article examines how sentencing enhancement schemes play into undercover operations and manipulation ploys. This article reviews entrapment doctrines, starting with the common law principles of unclean hands and estoppel, to settled principles of objective and subjective entrapment. Through principles of conspiracy, the undercover operation ensnares perpetrators who intend factually impossible crimes, as long as an overt step is taken. Sentencing enhancement crimes, induced by government agents, must be proven before a jury beyond a reasonable doubt. A reciprocal corollary is that the accused must be able to defend enhancement accusations through defenses such as sentencing manipulation and sentencing entrapment. Such manipulation has encouraged a venal war on the underclass. Mass arrests by rogue undercover agents have accounted for wrongful convictions and loss of society. Civil rights law suits and undercover standards belatedly redress the issues. The good and evil characters become indistinguishable. Part II examines Common Law Entrapment through the equitable principles of Estoppel and Unclean Hands. Entrapment is a fundamental defense designed to shield the integrity of the courts and fulfill a fiduciary obligation to steer citizens from crime. Part III reviews Undercover Operations and current entrapment doctrine. Undercover operations frequently promote excessive inducements. Part IV examines sentencing entrapment and sentencing manipulation doctrines as a cognizable defense to sentencing enhancement charges. Sentencing enhancement factors, frequently mandatory, are facts related to the offense which may increase a person’s sentence. Although the prosecutor has jurisdiction to determine the breadth of investigation, the courts may pierce the prosecutorial veil of discretion. Part V reviews the overlay of sentencing law and enhancement offenses and procedural tactics. The prosecutor’s burden to prove sentence enhancement factors beyond a reasonable doubt before a jury obliges a necessary corollary that the accused has an independent Sixth Amendment right to present defenses to the enhancement factors. Formal sentencing entrapment defenses, however, are frequently rejected. Part VI considers entrapment through the lenses of conspiracy and governmental influences on the suspect’s mens rea. Conspiracy prosecutions for imaginary crimes are abundant, where impossibility is no defense. Internet pornography and fantasy speech are convenient targets for high-tech sting operations. Part VII unravels Corruption of Police forces and disreputable undercover operations which have lead to the faulty incarceration of hundreds of minorities. Tulia, Texas is a model example of jurisprudential corruption invoking Civil Rights remedies, Reconciliation Committees, statutory changes, and Standards for Undercover Operations. The Article concludes with the overlay of entrapment and manipulation on our body politic

Bifurcations of Consciousness: The Elimination of the Self-Induced Intoxication Excuse

In early American and English common law, intoxication evidence did not excuse or mitigate criminal behavior.! Any person who destroyed his or her volition through intoxication was equally as culpable as a sober person for the legal consequences of a self-induced vice.2 Voluntary drunkenness aggravated, rather than reduced, criminal liabilit

Haptoglobin type neither influences iron accumulation in normal subjects nor predicts clinical presentation in HFE C282Y haemochromatosis: phenotype and genotype analysis

In the UK, 90% of patients with hereditary haemochromatosis (HH) are homozygous for HFE C282Y, as are one in 150 people in the general population. However, only a minority of these will develop clinical haemochromatosis. Iron loss modifies iron accumulation but so may other genetic factors. Haptoglobin (Hp) exists as three major types (Hp 1-1, Hp 2-1 or Hp 2-2) and binds free plasma haemoglobin. In men, Hp 2-2 has been shown to be associated with increased macrophage iron accumulation and serum ferritin concentration. Furthermore, the frequency of Hp 2-2 was shown to be increased in patients with HH. We determined Hp types by phenotyping and genotyping 265 blood donor control subjects and 173 subjects who were homozygous for HFE C282Y. The latter group included 66 blood donors lacking clinical features suggestive of haemochromatosis and without a known family history, and 68 patients presenting clinically with haemochromatosis. Hp 2-2 frequencies did not differ in control subjects and C282Y homozygotes. Hp 2-2 was not a risk factor for disease development in HH. To investigate the relationship between iron accumulation and haptoglobin type, we determined transferrin saturation and serum ferritin concentration in 192 male, first-time blood donors aged 20-40 years who lacked both HFE C282Y and H63D. Transferrin saturation and serum ferritin concentrations did not vary with Hp type

Prediction of pyrazinamide resistance in Mycobacterium tuberculosis using structure-based machine learning approaches

Background Pyrazinamide is one of four first-line antibiotics used to treat tuberculosis; however, antibiotic susceptibility testing for pyrazinamide is challenging. Resistance to pyrazinamide is primarily driven by genetic variation in pncA, encoding an enzyme that converts pyrazinamide into its active form. Methods We curated a dataset of 664 non-redundant, missense amino acid mutations in PncA with associated high-confidence phenotypes from published studies and then trained three different machine-learning models to predict pyrazinamide resistance. All models had access to a range of protein structural-, chemical- and sequence-based features. Results The best model, a gradient-boosted decision tree, achieved a sensitivity of 80.2% and a specificity of 76.9% on the hold-out test dataset. The clinical performance of the models was then estimated by predicting the binary pyrazinamide resistance phenotype of 4027 samples harbouring 367 unique missense mutations in pncA derived from 24 231 clinical isolates. Conclusions This work demonstrates how machine learning can enhance the sensitivity/specificity of pyrazinamide resistance prediction in genetics-based clinical microbiology workflows, highlights novel mutations for future biochemical investigation, and is a proof of concept for using this approach in other drugs

Foreign Exchange Rate and Economic Growth: The Case of Hong Kong

The relationship between the exchange rate and the real GDP of Hong Kong in the long period from 1955 to 2015 is investigated using a structural VAR model. The mutual effect of the two variables is studied in three periods: The results indicate that there is no obvious relationship between the exchange rate and real GDP before Hong Kong’s economy booming. However, a significant positive correlation is found in the sample of 1975–1998, which is associated with the output increases. The direction between the exchange rate and real GDP becomes negative after 1998. In addition, based on Granger causality test, we found the exchange rate could Granger causes GDP after 1975, but there is no Granger causality connection between the two variables before 1975

Associations of Skeletal Muscle Mass and Fat Mass With Incident Cardiovascular Disease and All-Cause Mortality: A Prospective Cohort Study of UK Biobank Participants.

Background There is debate whether body mass index is a good predictor of health outcomes because different tissues, namely skeletal muscle mass (SMM) and fat mass (FM), may be differentially associated with risk. We investigated the association of appendicular SMM (aSMM) and FM with fatal and nonfatal cardiovascular disease (CVD) and all-cause mortality. We compared their prognostic value to that of body mass index. Methods and Results We studied 356 590 UK Biobank participants aged 40 to 69 years with bioimpedance analysis data for whole-body FM and predicted limb muscle mass (to calculate aSMM). Associations between aSMM and FM with CVD and all-cause mortality were examined using multivariable Cox proportional hazards models. Over 3 749 501 person-years of follow-up, there were 27 784 CVD events and 15 844 all-cause deaths. In men, aSMM was positively associated with CVD incidence (hazard ratio [HR] per 1 SD 1.07; 95% CI, 1.06-1.09) and there was a curvilinear association in women. There were stronger positive associations between FM and CVD with HRs per SD of 1.20 (95% CI, 1.19-1.22) and 1.25 (95% CI, 1.23-1.27) in men and women respectively. Within FM tertiles, the associations between aSMM and CVD risk largely persisted. There were J-shaped associations between aSMM and FM with all-cause mortality in both sexes. Body mass index was modestly better at discriminating CVD risk. Conclusions FM showed a strong positive association with CVD risk. The relationship of aSMM with CVD risk differed between sexes, and potential mechanisms need further investigation. Body fat and SMM bioimpedance measurements were not superior to body mass index in predicting population-level CVD incidence or all-cause mortality