2,074 research outputs found

    Correspondence from Blaine Holcomb to R.D. Martinez showing buildings in Mission, Texas

    Get PDF
    One letter accompanied by a page with photographs and sketches of the various buildings in Mission, Texas. Shown are the First Christian Church, the Methodist Church, Sharyland High School and Grade School, the Catholic Church, and the Presbyterian Church.https://scholarworks.utrgv.edu/johnshary/1062/thumbnail.jp

    Speech by Holcomb H. Perry, Jr. Pertaining to Georgia Bar Examination

    Full text link
    March 13, 1956 Honorable J. Alton Hosch, Dean University of Georgia School of Law Athens, Georgia Dear Alton: I am herewith enclosing you [a] copy of the substance of the talk that I made at the Law School week before last. With best wishes, Sincerely yours, H.H. PERRY, JR

    Individualizing Criminal Law’s Justice Judgments: Shortcomings in the Doctrines of Culpability, Mitigation, and Excuse

    Get PDF
    In judging an offender’s culpability, mitigation, or excuse, there seems to be general agreement that it is appropriate for the criminal law to take into account such things as the offender’s youthfulness or her significantly low IQ. There is even support for taking account of their distorted perceptions and reasoning induced by traumatic experiences, as in battered spouse syndrome. On the other hand, there seems to be equally strong opposition to taking account of things such as racism or homophobia that played a role in bringing about the offense. In between these two clear points, however, exists a large collection of individual offender characteristics and circumstances for which there is lack of clarity as to whether the criminal law should take them into account. Should our assessment of an offender’s criminal liability be adjusted for their cultural background? Their religious beliefs? Their past life experiences? The pedophilic tendencies they have always had but usually suppressed? The question of how much to individualize the criminal liability judgment is not peripheral or unusual but rather common in a wide range of formal criminal law doctrines including, for example, the culpability requirements of recklessness and negligence, the mitigation of provocation and its more modern form of extreme emotional disturbance, and the excuse defenses of mistake as to a justification, duress, and involuntary intoxication. indeed, it turns out that the problem of individualizing factors is present, if often obscured, in all criminal law doctrines of culpability, mitigation, and excuse. The Article reviews the appeal of criminal law adhering to a purely objective standard, where the problem of the individualizing factors is sought to be avoided altogether. But the resulting stream of injustices has forced most jurisdictions to adopt a partially individualized standard in some cases involving some doctrines. But this leaves the jurisdiction’s criminal law in an awkward and unstable state. Without a guiding principle for determining which individualizing factors are to be taken into account under what circumstances, the law is inevitably unprincipled and internally inconsistent. And without guidance, different decision-makers inevitably come to different conclusions in similar cases. The Article proposes a solution to the individualizing factors puzzle and a statutory codification that would provide guidance in the adjudication of the many cases in which the issue arises

    The Criminogenic Effects of Damaging Criminal Law’s Moral Credibility

    Get PDF
    The criminal justice system’s reputation with the community can have a significant effect on the extent to which people are willing to comply with its demands and internalize its norms. In the context of criminal law, the empirical studies suggest that ordinary people expect the criminal justice system to do justice and avoid injustice, as they perceive it – what has been called “empirical desert” to distinguish it from the “deontological desert” of moral philosophers. The empirical studies and many real-world natural experiments suggest that a criminal justice system that regularly deviates from empirical desert loses moral credibility and thereby loses crime-control effectiveness. These crime-control benefits, together with an analysis of the sometimes-disqualifying weaknesses of alternative distributive principles such as general deterrence and incapacitation of the dangerous, suggest that maximizing the criminal law’s moral credibility is the best distributive principle available. Critics have offered a range of objections to this proposal, which are here considered and answered

    Indoctrination and Social Influence as a Defense to Crime: Are We Responsible for Who We Are?

    Get PDF
    A patriotic POW is brainwashed by his North Korean captors into refusing repatriation and undertaking treasonous anti-American propaganda for the communist regime. Despite the general abhorrence of treason in time of war, the American public opposes criminal liability for such indoctrinated soldiers, yet existing criminal law provides no defense or mitigation because, at the time of the offense, the indoctrinated offender suffers no cognitive or control dysfunction, no mental or emotional impairment, and no external or internal compulsion. Rather, he was acting purely in the exercise of free of will, albeit based upon beliefs and values that he had not previously held.Retributivists committed to blameworthiness proportionality might support the community’s view of reduced blameworthiness, perhaps on some version of the argument that the offense was not committed by the offender’s authentic self. And a crime-control utilitarian might support revision of the criminal law to recognize a defense because such a serious conflict between community views and criminal law reduces the law’s moral credibility with the community and thereby undermines its ability to gain deference, compliance, assistance, and the internalization of the criminal law’s norms.On the other hand, to recognize a defense or significant mitigation for indoctrination-induced offenses would produce a tectonic shift in criminal law foundations. The indoctrination dynamic at work in the brainwashed POW case is not limited to such unique circumstances but rather is a common occurrence in the modern world, where governments, religions, political groups, and a host of other organizations, and indeed individuals, consciously manipulate others toward criminal conduct through a variety of indoctrinating mechanisms. Are people no longer to be held responsible for who they are? Is the criminal law now to investigate how an offender came to have any beliefs and values that contributed to the offense conduct?We argue that a close analysis of why some indoctrination cases are seen as blameless while others not suggests an articulable analytic framework based upon five key questions. We use a wide variety of real-world indoctrination cases to illustrate the operation of this framework and propose a specific statutory defense formulation that embodies it

    PLS-Based Robust Inferential Control for a Packed-Bed Reactor

    Get PDF
    This paper compares the performance of two different inferential schemes when applied to an experimental packed-bed reactor. The first scheme, proposed initially by Brosilow, is designed based on Kalman filter estimation. The second less traditional design uses an estimator computed from the Partial Least Squares regression method (PLS). The second approach was found to give superior performance when the nonlinear system under study is operated is a wide range of operating points. Due to the nonlinearity of the system it is essential to address the issue of robustness of the proposed schemes. This is formally done in this work using Structured Singular Value Theory. For the robustness analysis it is crucial to develop a realistic but not overly conservative uncertainty description. Since the PLS estimator uses a large number of measurements, a robust design based on the uncertainty associated with each one of the measurements would be very conservative. To overcome this problem a lumped uncertainty description is proposed which is identified directly from experiments

    Critical thickness and orbital ordering in ultrathin La0.7Sr0.3MnO3 films

    Get PDF
    Detailed analysis of transport, magnetism and x-ray absorption spectroscopy measurements on ultrathin La0.7Sr0.3MnO3 films with thicknesses from 3 to 70 unit cells resulted in the identification of a lower critical thickness for a non-metallic, non-ferromagnetic layer at the interface with the SrTiO3 (001) substrate of only 3 unit cells (~12 Angstrom). Furthermore, linear dichroism measurements demonstrate the presence of a preferred (x2-y2) in-plane orbital ordering for all layer thicknesses without any orbital reconstruction at the interface. A crucial requirement for the accurate study of these ultrathin films is a controlled growth process, offering the coexistence of layer-by-layer growth and bulk-like magnetic/transport properties.Comment: 22 pages, 6 figures, accepted for publication in Physical Review

    Self-Organizing Maps Algorithm for Parton Distribution Functions Extraction

    Full text link
    We describe a new method to extract parton distribution functions from hard scattering processes based on Self-Organizing Maps. The extension to a larger, and more complex class of soft matrix elements, including generalized parton distributions is also discussed.Comment: 6 pages, 3 figures, to be published in the proceedings of ACAT 2011, 14th International Workshop on Advanced Computing and Analysis Techniques in Physics Researc
    • …
    corecore