1,366 research outputs found

    Evidentiary Privilege: Privilege of Defendant to Prevent Adverse Spousal Testimony Abolished

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    Trammel v. United States, 100 S. Ct. 906 (1980). The privilege of the defendant in a criminal trial to prevent adverse spousal testimony, often called the anti-marital facts privilege,\u27 has been recognized since at least 1580. Although it had undergone some changes, it virtually remained intact, especially in the federal courts, until the recent decision of Trammel v. United States. In its early stages of development, what is today labeled a privilege was not actually a privilege, but instead a disqualification: husband and wife were deemed incompetent to testify for or against each other. This disqualification was believed necessary for two reasons: 1) the existence of the privilege against self-incrimination, and 2) the evidentiary rule which was thought to avoid the risk of perjury by preventing the defendant from taking the stand in his own behalf. These rules, combined with the attitude that husband and wife were one unit, resulted in the disqualification. The defendant could not take the stand in his own behalf because of the risk of self-serving falsehoods, and could not testify adversely because of the privilege against self-incrimination. It followed that the defendant\u27s spouse should also be disqualified, because they were considered to be a single unit. The spouse, therefore, was deemed incompetent to give reliable testimony. In the federal courts this incompetency was eroded gradually, until in Funk v. United States, the Supreme Court ruled that a spouse may testify favorably for a defendant. Procedure had changed to allow defendants to testify in their own behalf, and the Court reasoned that there was no longer any justification for disqualification of spouses. It was apparent to the Court that if the risk of the jury being misled by perjured testimony is not too great to prevent the defendant from taking the stand, then there should be no basis for disqualification of the defendant\u27s spouse to avoid false testimony. The Court in Funk noted further that the domain of competency was being expanded, and that this general trend also required a ruling that favorable testimony by the witness spouse be allowed. Funk changed what had been disqualification into a privilege that allowed the defendant to prevent adverse spousal testimony. The privilege in its post-Funk state persisted, despite a great deal of Criticism, and was soundly reaffirmed by the Supreme Court in Hawkins v. United States. The most frequently expounded modern justification for preserving the privilege is the need to avoid the marital disharmony which would be created if one spouse were to give testimony adverse to the other. The oft-repeated criticism of this rationale is that if one spouse is willing to testify against the other there must be little harmony left to preserve

    Traditional medicine and HIV/AIDS in Ethiopia: Herbal medicine and faith healing: A review

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    Background: Traditional, complimentary and alternative medicines (TCAMS) are increasingly being promoted by various Sub-Saharan African governments as a promising health resource in the control and amelioration of HIV/AIDS. The accessibility and cultural acceptability of both herbal medicines and faith healing and the scarcity of antiretroviral treatment (ART) in many communities have made them a favorite treatment option for people living with HIV (PLHIV).Objectives: This paper reviews the literature on the utilization and potential contribution of plant medicines and faith healing for treatment of HIV and opportunistic infections in Ethiopia.Methods: The published and unpublished literature on TCAM, faith healing and HIV/AIDS was reviewed from online sources and several bibliographies.Results and Discussion: Several studies indicate that both plant medicines and faith healing are widely used in Ethiopia for the treatment of HIV-related illness due to the long history, prevailing illness perceptions and religious beliefs. Primary phytochemical tests have identified several plant species with anti-HIV, anti-mycobacterial and antiprotozoal properties but their development as safe and effective medicines will require extensive toxicological and pharmacological drug interaction studies. Increasing evidence of positive outcomes of faith healing involving holy water and prayer reported by PLHIV, particularly spiritual and mental benefits, has potential application for chronic patient care but needs further study.Conclusion and Recommendations: Prevailing and evolving indigenous practices indicate the need for the implementation of appropriate policies and guidelines for the development of safe and effective herbal medicines and the integration of traditional medicine into the health services. Several areas requiring further study are identified

    The Economics of Desertification, Land Degradation, and Drought; Toward an Integrated Global Assessment

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    Land degradation has not been comprehensively addressed at the global level or in developing countries. A suitable economic framework that could guide investments and institutional action is lacking. This study aims to overcome this deficiency and to provide a framework for a global assessment based on a consideration of the costs of action versus inaction regarding desertification, land degradation, and drought (DLDD). Most of the studies on the costs of land degradation (mainly limited to soil erosion) give cost estimates of less than 1 percent up to about 10 percent of the agricultural gross domestic product (GDP) for various countries worldwide. But the indirect costs of DLDD on the economy (national income), as well as their socioeconomic consequences (particularly poverty impacts), must be accounted for, too. Despite the numerous challenges, a global assessment of the costs of action and inaction against DLDD is possible, urgent, and necessary. This study provides a framework for such a global assessment and provides insights from some related country studies.Agricultural Finance, Crop Production/Industries, Environmental Economics and Policy, Land Economics/Use, Resource /Energy Economics and Policy,

    Bibliography on HIV/AIDS in Ethiopia and Ethiopians in the Diaspora: The 2006 Update

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    No Abstract. The Ethiopian Journal of Health Development Vol. 21 (1) 2007: pp. 70-9

    Konnatale Schädelimpression: Fallbericht und Literaturübersicht

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    A 40-week gestational age infant was delivered by cesarean section because of intense contractions and pathological fetal heart rate pattern. The umbilical artery pH was 7.03, Apgar scores were 1/4/7 at 1, 5 and 10 min of age. The 3,250-gram infant had a skull depression of 5 x 7 cm in the left temporal-parietal region with a depth of 1.5 cm. There were no edemas or hematomas in this area; neurological examination was normal. A CT scan did not show a fracture, but the cortex below the depression appeared slightly compressed. At the age of 11 days, the depressed part of the parietal squama was surgically elevated. The child was discharged in good condition 8 days later and remained well at a 6-month follow-up examination

    Native valve endocarditis due to Micrococcus luteus: a case report and review of the literature

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    <p>Abstract</p> <p>Introduction</p> <p><it>Micrococcus luteus </it>endocarditis is a rare case of infective endocarditis. A total of 17 cases of infective endocarditis due to <it>M luteus </it>have been reported in the literature to date, all involving prosthetic valves. To the best of our knowledge, we describe the first case of native aortic valve <it>M luteus </it>endocarditis in an immunosuppressed patient in this report.</p> <p>Case report</p> <p>A 74-year-old Greek-Cypriot woman was admitted to our Internal Medicine Clinic due to fever and malaise and the diagnosis of aortic valve <it>M luteus </it>endocarditis was made. She was immunosuppressed due to methotrexate and steroid treatment. Our patient was unsuccessfully treated with vancomycin, gentamicin and rifampicin for four weeks. The aortic valve was replaced and she was discharged in good condition.</p> <p>Conclusions</p> <p>Prosthetic infective endocarditis due to <it>M luteus </it>is rare. To the best of our knowledge, we report the first case in the literature involving a native valve.</p

    Schistosoma Mansoni Reinfection: Analysis of Risk Factors By Classification and Regression Tree (CART) Modeling.

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    Praziquantel (PZQ) is an effective chemotherapy for schistosomiasis mansoni and a mainstay for its control and potential elimination. However, it does not prevent against reinfection, which can occur rapidly in areas with active transmission. A guide to ranking the risk factors for Schistosoma mansoni reinfection would greatly contribute to prioritizing resources and focusing prevention and control measures to prevent rapid reinfection. The objective of the current study was to explore the relationship among the socioeconomic, demographic, and epidemiological factors that can influence reinfection by S. mansoni one year after successful treatment with PZQ in school-aged children in Northeastern Minas Gerais state Brazil. Parasitological, socioeconomic, demographic, and water contact information were surveyed in 506 S. mansoni-infected individuals, aged 6 to 15 years, resident in these endemic areas. Eligible individuals were treated with PZQ until they were determined to be negative by the absence of S. mansonieggs in the feces on two consecutive days of Kato-Katz fecal thick smear. These individuals were surveyed again 12 months from the date of successful treatment with PZQ. A classification and regression tree modeling (CART) was then used to explore the relationship between socioeconomic, demographic, and epidemiological variables and their reinfection status. The most important risk factor identified for S. mansoni reinfection was their “heavy” infection at baseline. Additional analyses, excluding heavy infection status, showed that lower socioeconomic status and a lower level of education of the household head were also most important risk factors for S. mansoni reinfection. Our results provide an important contribution toward the control and possible elimination of schistosomiasis by identifying three major risk factors that can be used for targeted treatment and monitoring of reinfection. We suggest that control measures that target heavily infected children in the most economically disadvantaged households would be most beneficial to maintain the success of mass chemotherapy campaigns
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