Rethinking Adversariness in Nonjury Criminal Trials

This Article argues that when the jury is withdrawn from the common law criminal trial, the accused suffers an adversarial deficit. This deficit occurs because many of the procedural devices built into the trial process -- particularly those designed to provide the defendant with a meaningful opportunity to contest the case against him and to ensure that any determination of guilt is based solely on the evidence adduced in the courtroom -- are predicated on the existence of a decision-making body that comes cold to the contest, devoid of extraneous knowledge concerning the facts of the case or the relevant principles of law. The authors contend that a number of important changes must be made to procedures in nonjury cases to correct for this deficit and thus to make certain that basic adversary principles are preserved in the nonjury setting

Rethinking Adversariness in Nonjury Criminal Trials

This Article argues that when the jury is withdrawn from the common law criminal trial, the accused suffers an adversarial deficit. This deficit occurs because many of the procedural devices built into the trial process -- particularly those designed to provide the defendant with a meaningful opportunity to contest the case against him and to ensure that any determination of guilt is based solely on the evidence adduced in the courtroom -- are predicated on the existence of a decision-making body that comes cold to the contest, devoid of extraneous knowledge concerning the facts of the case or the relevant principles of law. The authors contend that a number of important changes must be made to procedures in nonjury cases to correct for this deficit and thus to make certain that basic adversary principles are preserved in the nonjury setting

Changes in soil microbial community structure with tillage under long-term wheat-fallow management

Fatty acid methyl esters (FAMEs) were used to `fingerprint\u27 soil microbial communities that evolved during 25 years of wheat-fallow cropping following native mixed prairie sod at Sidney, Nebraska, USA. Total ester-linked FAMEs (EL-FAMEs) and phospholipid-linked FAMEs (PL-FAMEs) were compared for their ability to discriminate between plots remaining in sod and those cropped to wheat or left fallow under no-till, sub-till or plow management. Cropped plots were higher in microbial biomass than their fallowed counterparts, and did not differ significantly with tillage for the 0±15 cm depth. Under fallow, microbial biomass was greatest in no-till and least in plow. Both cluster and discriminant analysis of PL- and EL-FAMEs clearly separated the remaining native sod plots from the existing wheat-fallow plots. This separation was particularly pronounced for the EL-FAMEs and was largely driven by high amounts in sod of a single FAME, C16:1(cis11), which has been cited as a biomarker for arbuscular mycorrhizal (AM) fungi. Within wheat-fallow, C16:1(cis11) declined significantly from no-till to plow, which supports the origin of C16:1(cis11) from extraradical mycelium and spores of AM fungi known to be sensitive to soil disturbance. Although discriminant analysis of PL- and EL-FAMEs differentiated wheat and fallow systems by tillage, discrimination among tillage treatments was expressed most strongly during fallow. FAME profiles from fallow plow were most dissimilar from cropped soils which suggests a relationship between tillage management and the long-term resiliency of the microbial community developed under the wheat crop

Changes in soil microbial community structure with tillage under long-term wheat-fallow management

Fatty acid methyl esters (FAMEs) were used to `fingerprint\u27 soil microbial communities that evolved during 25 years of wheat-fallow cropping following native mixed prairie sod at Sidney, Nebraska, USA. Total ester-linked FAMEs (EL-FAMEs) and phospholipid-linked FAMEs (PL-FAMEs) were compared for their ability to discriminate between plots remaining in sod and those cropped to wheat or left fallow under no-till, sub-till or plow management. Cropped plots were higher in microbial biomass than their fallowed counterparts, and did not differ significantly with tillage for the 0±15 cm depth. Under fallow, microbial biomass was greatest in no-till and least in plow. Both cluster and discriminant analysis of PL- and EL-FAMEs clearly separated the remaining native sod plots from the existing wheat-fallow plots. This separation was particularly pronounced for the EL-FAMEs and was largely driven by high amounts in sod of a single FAME, C16:1(cis11), which has been cited as a biomarker for arbuscular mycorrhizal (AM) fungi. Within wheat-fallow, C16:1(cis11) declined significantly from no-till to plow, which supports the origin of C16:1(cis11) from extraradical mycelium and spores of AM fungi known to be sensitive to soil disturbance. Although discriminant analysis of PL- and EL-FAMEs differentiated wheat and fallow systems by tillage, discrimination among tillage treatments was expressed most strongly during fallow. FAME profiles from fallow plow were most dissimilar from cropped soils which suggests a relationship between tillage management and the long-term resiliency of the microbial community developed under the wheat crop

Forecasting the Impacts of Silver and Bighead Carp on the Lake Erie Food Web

Nonindigenous bigheaded carps (Bighead Carp Hypophthalmichthys nobilis and Silver Carp H. molitrix; hereafter, “Asian carps” [AC]) threaten to invade and disrupt food webs and fisheries in the Laurentian Great Lakes through their high consumption of plankton. To quantify the potential effects of AC on the food web in Lake Erie, we developed an Ecopath with Ecosim (EwE) food web model and simulated four AC diet composition scenarios (high, low, and no detritus and low detritus with Walleye Sander vitreus and Yellow Perch Perca flavescens larvae) and two nutrient load scenarios (the 1999 baseline load and 2× the baseline [HP]). We quantified the uncertainty of the potential AC effects by coupling the EwE model with estimates of parameter uncertainty in AC production, consumption, and predator diets obtained using structured expert judgment. Our model projected mean ± SD AC equilibrium biomass ranging from 52 ± 34 to 104 ± 75 kg/ha under the different scenarios. Relative to baseline simulations without AC, AC invasion under all detrital diet scenarios decreased the biomass of most fish and zooplankton groups. The effects of AC in the HP scenario were similar to those in the detrital diet scenarios except that the biomasses of most Walleye and Yellow Perch groups were greater under HP because these fishes were buffered from competition with AC by increased productivity at lower trophic levels. Asian carp predation on Walleye and Yellow Perch larvae caused biomass declines among all Walleye and Yellow Perch groups. Large food web impacts of AC occurred in only 2% of the simulations, where AC biomass exceeded 200 kg/ha, resulting in biomass declines of zooplankton and planktivorous fish near the levels observed in the Illinois River. Our findings suggest that AC would affect Lake Erie's food web by competing with other planktivorous fishes and by providing additional prey for piscivores. Our methods provide a novel approach for including uncertainty into forecasts of invasive species' impacts on aquatic food webs. Received December 6, 2014; accepted July 15, 201

Integrating Machine Learning for Planetary Science: Perspectives for the Next Decade

Machine learning (ML) methods can expand our ability to construct, and draw insight from large datasets. Despite the increasing volume of planetary observations, our field has seen few applications of ML in comparison to other sciences. To support these methods, we propose ten recommendations for bolstering a data-rich future in planetary science.Comment: 10 pages (expanded citations compared to 8 page submitted version for decadal survey), 3 figures, white paper submitted to the Planetary Science and Astrobiology Decadal Survey 2023-203

Span of control in supervision of rail track work

The supervision of engineering work on the railways has received relatively little examination despite being both safety-critical in its own right and having wider implications for the successful running of the railways. The present paper is concerned with understanding the factors that make different engineering works perceived as easier or harder to manage. We describe an approach building on notions of ‘span of control’, through which we developed the TOECAP inventory (Team, Organisation, Environment, Communication, Activity and Personal). This tool was validated through both interviews and questionnaires. As well as identifying the physical factors involved, the work also emphasised the importance of collaborative and attitudinal factors. We conclude by discussing limitations of the present work and future directions for development

Climate anxiety, wellbeing and pro-environmental action: correlates of negative emotional responses to climate change in 32 countries

This study explored the correlates of climate anxiety in a diverse range of national contexts. We analysed cross-sectional data gathered in 32 countries (N = 12,246). Our results show that climate anxiety is positively related to rate of exposure to information about climate change impacts, the amount of attention people pay to climate change information, and perceived descriptive norms about emotional responding to climate change. Climate anxiety was also positively linked to pro-environmental behaviours and negatively linked to mental wellbeing. Notably, climate anxiety had a significant inverse association with mental wellbeing in 31 out of 32 countries. In contrast, it had a significant association with pro-environmental behaviour in 24 countries, and with environmental activism in 12 countries. Our findings highlight contextual boundaries to engagement in environmental action as an antidote to climate anxiety, and the broad international significance of considering negative climate-related emotions as a plausible threat to wellbeing