5,197 research outputs found

    Stop \u3cem\u3eTerry \u3c/em\u3e: Reasonable Suspicion, Race, and a Proposal to Limit \u3cem\u3eTerry\u3c/em\u3e Stops

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    The Terry doctrine, which grants a police officer the authority to stop and frisk based on his or her reasonable suspicion rather than probable cause, was created by the Supreme Court at a time when the nation con- fronted a particular moment of violent racial strife. Since Terry was decided, the Supreme Court has continued to expand the reach of the doctrine—which opened the door for potential abuse. Existing data is increasingly proving that the loosening of constitutional standards is causing substantial harms to people of color nationwide. This article joins the existing scholarly discussion surrounding this decision to suggest one additional tool that might be used to address the racial impact of the Terry doctrine. In particular, this Article proposes that police authority to stop suspects on nothing more than reasonable suspicion be limited to cases in which an officer reasonably believes the suspect is engaged in something more than a mere possessory offense. The proposal is consistent with much of the Supreme Court’s past language and will not substantially undercut police efforts to combat violent crime. In addition, this proposal will not be administratively burdensome since it would only require a police officer to articulate what about the suspect made him believe he was engaged in something other than a possessory criminal offense, which is not all that different from what police officers are currently required to do as a matter of internal policy. It is time to stop Terry to avoid the further erosion of rights caused by Terry stops

    You Can\u27t Handle the Truth! Trial Juries and Credibility

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    Every now and again, we get a look, usually no more than a glimpse, at how the justice system really works. What we see—before the sanitizing curtain is drawn abruptly down—is a process full of human fallibility and error, sometimes noble, more often unfair, rarely evil but frequently unequal. The central question, vital to our adjudicative model, is: How well can we expect a jury to determine credibility through the ordinary adversary processes of live testimony and vigorous impeachment? The answer, from all I have been able to see is: not very well

    You Can\u27t Handle the Truth! Trial Juries and Credibility

    Get PDF
    Every now and again, we get a look, usually no more than a glimpse, at how the justice system really works. What we see—before the sanitizing curtain is drawn abruptly down—is a process full of human fallibility and error, sometimes noble, more often unfair, rarely evil but frequently unequal. The central question, vital to our adjudicative model, is: How well can we expect a jury to determine credibility through the ordinary adversary processes of live testimony and vigorous impeachment? The answer, from all I have been able to see is: not very well

    Roughness effects in turbulent forced convection

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    We conducted direct numerical simulations (DNSs) of turbulent flow over three-dimensional sinusoidal roughness in a channel. A passive scalar is present in the flow with Prandtl number Pr=0.7Pr=0.7, to study heat transfer by forced convection over this rough surface. The minimal channel is used to circumvent the high cost of simulating high Reynolds number flows, which enables a range of rough surfaces to be efficiently simulated. The near-wall temperature profile in the minimal channel agrees well with that of the conventional full-span channel, indicating it can be readily used for heat-transfer studies at a much reduced cost compared to conventional DNS. As the roughness Reynolds number, k+k^+, is increased, the Hama roughness function, ΔU+\Delta U^+, increases in the transitionally rough regime before tending towards the fully rough asymptote of κm1log(k+)+C\kappa_m^{-1}\log(k^+)+C, where CC is a constant that depends on the particular roughness geometry and κm0.4\kappa_m\approx0.4 is the von K\'arm\'an constant. In this fully rough regime, the skin-friction coefficient is constant with bulk Reynolds number, RebRe_b. Meanwhile, the temperature difference between smooth- and rough-wall flows, ΔΘ+\Delta\Theta^+, appears to tend towards a constant value, ΔΘFR+\Delta\Theta^+_{FR}. This corresponds to the Stanton number (the temperature analogue of the skin-friction coefficient) monotonically decreasing with RebRe_b in the fully rough regime. Using shifted logarithmic velocity and temperature profiles, the heat transfer law as described by the Stanton number in the fully rough regime can be derived once both the equivalent sand-grain roughness ks/kk_s/k and the temperature difference ΔΘFR+\Delta \Theta^+_{FR} are known. In meteorology, this corresponds to the ratio of momentum and heat transfer roughness lengths, z0m/z0hz_{0m}/z_{0h}, being linearly proportional to z0m+z_{0m}^+, the momentum roughness length [continued]...Comment: Accepted (In press) in the Journal of Fluid Mechanic

    Legal Research in West Virginia

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    The School Tax Problem: A Quotation

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    Acute pulmonary pathology and sudden death in rats following the intravenous administration of the plasticizer, DI (2-ethylhexyl) phthalate, solubilized with Tween surfactants

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    Intravenous administration of 200-300 mg/kg of di(2-ethylhexyl)phthalate (DEHP) solubilized in aqueous solutions of several Tween surfactants caused respiratory distress in rats. There was a dose-dependent lethality with death generally occurring within 90 minutes after injection. The lungs from DEHP:Tween treated animals were enlarged, generally darkened, and in some cases showed hemorrhagic congestion. Neither the overt symptoms nor the morphologic alterations resulting from DEHP:Tween administration could be reproduced by intravenous administration of aqueous Tween solutions alone. The absence of pulmonary abnormalities following the intravenous administration of DEHP as an aqueous emulsion given either alone or even as soon as 2 minutes after pretreatment with Tween 80, suggests that the specific in vivo interaction between DEHP and Tween surfactants depends on the prior formation of water-soluble micelles of DEHP

    Functional preservation of vascular smooth muscle tissue

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    The ionic and cellular feedback relationships operating to effect the vascular decompensatory modifications were examined to reveal procedures for implementing protective measures guarding against vascular collapse when returning from a weightless environment to that of the earth's gravity. The surgical procedures for preparing the rat cremaster, and the fixation methods are described. Abstracts of publications resulting from this research are included

    Design of a Multi-Color Plenoptic Camera for Snapshot Hyperspectral Imaging

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    The design of a custom camera lens including: a two-lens optical system, filter array, and iris has been developed enabling a greyscale plenoptic camera to acquire full field-of-view, 2D, instantaneous hyperspectral measurements. This work focuses on the use of 7 discrete color filters and their effect on the image quality. It was determined that the placement of the filters inside the aperture plane of the camera was paramount to mitigating image artifacts. In addition, design rules were developed such that the optimal optical parameters (image distance, working distance, and focal length) can be easily determined from a few charts
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