Empirical Desert, Individual Prevention, and Limiting Retributivism: A Reply

A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law\u27s reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its moral credibility – and its ability to gain that community\u27s deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and punishment rules reflect lay intuitions of justice – empirical desert – as a means of enhancing the system\u27s moral credibility. In a recent article, Christopher Slobogin and Lauren Brinkley-Rubinstein (SBR) report seven sets of studies that they argue undermine these claims of empirical desert and moral credibility and instead support SBR\u27s proposed distributive principle of individual prevention, a view that focuses on an offender\u27s future dangerousness rather than on his perceived desert. The idea that there is a relationship between the criminal law\u27s reputation for justness and its crime-control effectiveness did not originate with Robinson and his co-authors. Rather, it has been a common theme among a wide range of punishment theory scholars for many decades. A particularly important conclusion of recent Robinson studies, however, is their confirmation that this relationship is a continuous one: even small nudges in moral credibility can produce corresponding changes in the community\u27s deference to the criminal law. This is important because it shows that even piecemeal changes or changes at the margin – as in reforming even one unjust doctrine or procedure – can have real implications for crime-control. SBR\u27s studies, rather than contradicting the crime-control power of empirical desert, in fact confirm it. Further, SBR\u27s studies do not provide support for their proposed individual prevention distributive principle, contrary to what they claim. While SBR try to associate their principle with the popular limiting retributivism adopted by the American Law Institute in its 2007 amendment of the Model Penal Code, in fact it is, in many respects, just the reverse of that principle. With limiting retributivism, the Model Code\u27s new provision sets desert as dominant, never allowing punishment to conflict with it. SBR would have punishment essentially always set according to future dangerousness; it is to be constrained by desert only when the extent of the resulting injustices or failures of justice is so egregious as to significantly delegitimize the government and its law. This ignores the fact that even minor departures from justice may have an important cumulative effect on the system as a whole. What SBR propose – essentially substituting preventive detention for criminal justice – promotes the worst of the failed policies of the 1960s, where detention decisions were made at the back-end by experts, and conflicts with the trend of the past several decades of encouraging more community involvement in criminal punishment, not less

Empirical Desert, Individual Prevention, and Limiting Retributivism: A Reply

A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law\u27s reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its moral credibility – and its ability to gain that community\u27s deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and punishment rules reflect lay intuitions of justice – empirical desert – as a means of enhancing the system\u27s moral credibility. In a recent article, Christopher Slobogin and Lauren Brinkley-Rubinstein (SBR) report seven sets of studies that they argue undermine these claims of empirical desert and moral credibility and instead support SBR\u27s proposed distributive principle of individual prevention, a view that focuses on an offender\u27s future dangerousness rather than on his perceived desert. The idea that there is a relationship between the criminal law\u27s reputation for justness and its crime-control effectiveness did not originate with Robinson and his co-authors. Rather, it has been a common theme among a wide range of punishment theory scholars for many decades. A particularly important conclusion of recent Robinson studies, however, is their confirmation that this relationship is a continuous one: even small nudges in moral credibility can produce corresponding changes in the community\u27s deference to the criminal law. This is important because it shows that even piecemeal changes or changes at the margin – as in reforming even one unjust doctrine or procedure – can have real implications for crime-control. SBR\u27s studies, rather than contradicting the crime-control power of empirical desert, in fact confirm it. Further, SBR\u27s studies do not provide support for their proposed individual prevention distributive principle, contrary to what they claim. While SBR try to associate their principle with the popular limiting retributivism adopted by the American Law Institute in its 2007 amendment of the Model Penal Code, in fact it is, in many respects, just the reverse of that principle. With limiting retributivism, the Model Code\u27s new provision sets desert as dominant, never allowing punishment to conflict with it. SBR would have punishment essentially always set according to future dangerousness; it is to be constrained by desert only when the extent of the resulting injustices or failures of justice is so egregious as to significantly delegitimize the government and its law. This ignores the fact that even minor departures from justice may have an important cumulative effect on the system as a whole. What SBR propose – essentially substituting preventive detention for criminal justice – promotes the worst of the failed policies of the 1960s, where detention decisions were made at the back-end by experts, and conflicts with the trend of the past several decades of encouraging more community involvement in criminal punishment, not less

Dynamic flux balance modeling to increase the production of high-value compounds in green microalgae

Background Photosynthetic organisms can be used for renewable and sustainable production of fuels and high-value compounds from natural resources. Costs for design and operation of large-scale algae cultivation systems can be reduced if data from laboratory scale cultivations are combined with detailed mathematical models to evaluate and optimize the process. Results In this work we present a flexible modeling formulation for accumulation of high-value storage molecules in microalgae that provides quantitative predictions under various light and nutrient conditions. The modeling approach is based on dynamic flux balance analysis (DFBA) and includes regulatory models to predict the accumulation of pigment molecules. The accuracy of the model predictions is validated through independent experimental data followed by a subsequent model-based fed-batch optimization. In our experimentally validated fed-batch optimization study we increase biomass and β-carotene density by factors of about 2.5 and 2.1, respectively. Conclusions The analysis shows that a model-based approach can be used to develop and significantly improve biotechnological processes for biofuels and pigments

Terahertz imaging and spectroscopy of large-area single-layer graphene

We demonstrate terahertz (THz) imaging and spectroscopy of a 15x15-mm^2 single-layer graphene film on Si using broadband THz pulses. The THz images clearly map out the THz carrier dynamics of the graphene-on-Si sample, allowing us to measure sheet conductivity with sub-mm resolution without fabricating electrodes. The THz carrier dynamics are dominated by intraband transitions and the THz-induced electron motion is characterized by a flat spectral response. A theoretical analysis based on the Fresnel coefficients for a metallic thin film shows that the local sheet conductivity varies across the sample from {\sigma}s = 1.7x10^-3 to 2.4x10^-3 {\Omega}^-1 (sheet resistance, {\rho}s = 420 - 590 {\Omega}/sq).Comment: 6 pages, 5 figure

Developing a batch isolation procedure and running it in an automated semi-continuous unit : AWL CFD25 case study

A key challenge during the transition from laboratory/small batch to continuous manufacturing is the development of a process strategy that can easily be adopted for a larger batch/continuous process. Industrial practice is to develop the isolation strategy for a new drug/process in batch using the design of experiment (DoE) approach to determine the best isolation conditions and then transfer the isolation parameters selected to a large batch equipment/continuous isolation process. This stage requires a series of extra investigations to evaluate the effect of different equipment geometry or even the adaptation of the parameters selected to a different isolation mechanism (e.g., from dead end to cross flow filtration) with a consequent increase of R&D cost and time along with an increase in material consumption. The CFD25 is an isolation device used in the first instance to develop an isolation strategy in batch (optimization mode) using a screening DoE approach and to then verify the transferability of the strategy to a semicontinuous process (production mode). A d-optimal screening DoE was used to determine the effect of varying the input slurry. Properties such as solid loading, particle size distribution, and crystallization solvent were investigated to determine their impact on the filtration and washing performance and the characteristics of the dry isolated product. A series of crystallization (ethanol, isopropanol, and 3-methylbutan-1-ol) and wash solvents (n-heptane, isopropyl acetate and n-dodcane) were used for the process. To mimic a real isolation process, paracetamol-related impurities, acetanilide and metacetamol, were dissolved in the mother liquor. The selected batch isolation strategy was used for the semicontinuous isolation run. Throughput and filtration parameters, such as cake resistance and flow rate, cake residual liquid content and composition, cake purity, particle-particle aggregation, and extent and strength of agglomerates, were measured to evaluate the consistency of the isolated product produced during a continuous experiment and compared with the isolated product properties obtained during the batch process development. Overall, the CFD25 is a versatile tool which allows both new chemical entity process development in batch and the production of the active pharmaceutical ingredient in semicontinuous mode using the same process parameters without changing equipment. The isolated product properties gained during the semicontinuous run are overall comparable between samples. The residual solvent content and composition differs between some samples due to filter plate blockage. In general, the mean properties obtained during semicontinuous running are comparable with the product properties simulated using the DoE

Standing up in Multiple Sclerosis (SUMS): Protocol for a multi-centre randomised controlled trial evaluating the clinical and cost effectiveness of a home-based self-management standing frame programme in people with progressive multiple sclerosis.

This study is funded by the NIHR Health Technology Assessment Programme (14/176/12), United Kingdom.Background:  Impaired mobility is a cardinal feature of multiple sclerosis (MS) and is rated by people with MS as their highest priority. By the secondary progressive phase, balance, mobility and physical activity levels are significantly compromised; an estimated 70% of people with secondary progressive MS fall regularly. Our ongoing research has systematically developed ‘Balance Right in MS’ (BRiMS), an innovative, manualised 13-week guided self-management programme tailored to the needs of people with MS, designed to improve safe mobility and minimise falls. Our eventual aim is to assess the clinical and cost effectiveness of BRiMS in people with secondary progressive MS by undertaking an appropriately statistically powered, multi-centre, assessor-blinded definitive, randomised controlled trial. This feasibility study will assess the acceptability of the intervention and test the achievability of running such a definitive trial. Methods/design:  This is a pragmatic multi-centre feasibility randomised controlled trial with blinded outcome assessment. Sixty ambulant people with secondary progressive MS who self-report two or more falls in the previous 6 months will be randomly allocated (1:1) to either the BRiMS programme plus usual care or to usual care alone. All participants will be assessed at baseline and followed up at 15 weeks and 27 weeks post-randomisation. The outcomes of this feasibility trial include: • Feasibility outcomes, including trial recruitment, retention and completion • Assessment of the proposed outcome measures for the anticipated definitive trial (including measures of walking, quality of life, falls, balance and activity level) • Measures of adherence to the BRiMS programme • Data to inform the economic evaluation in a future trial • Process evaluation (assessment of treatment fidelity and qualitative evaluation of participant and treating therapist experience) Discussion:  The BRiMS intervention aims to address a key concern for MS service users and providers. However, there are several uncertainties which need to be addressed prior to progressing to a full-scale trial, including acceptability of the BRiMS intervention and practicality of the trial procedures. This feasibility trial will provide important insights to resolve these uncertainties and will enable a protocol to be finalised for use in the definitive trial.Publisher PDFPeer reviewe

The nature of upright and inverted face representations: an adaptation-transfer study of configuration

Published online xxx Keywords: Face inversion effect t r a c t It is considered that whole-face processing of spatial structure may only be possible in upright faces, with only local feature processing in inverted faces. We asked whether this was due to impoverished representations of inverted faces. We performed two experiments. In the first, we divided faces into segments to create 'exploded' faces with disrupted second-order structures, and 'scrambled' faces with altered first-order relations; in the second we shifted features within intact facial outlines to create equivalent disruptions of spatial structure. In both we assessed the transfer of adaptation between faces with altered structure and intact faces. Scrambled adaptors did not adapt upright or inverted intact faces, indicating that a whole-face configuration is required at either orientation. Both upright and inverted faces showed a similar decline in aftereffect magnitude when adapting faces had altered second-order structure, implying that this structure is present in both upright and inverted face representations. We conclude that inverted faces are not represented simply as a collection of features, but have a whole-face configuration with second-order structure, similar to upright faces. Thus the qualitative impairments induced by inversion are not due to degraded inverted facial representations, but may reflect limitations in perceptual mechanisms. ª 2011 Elsevier Srl. All rights reserved. Faces are processed by the human visual system in a manner that is sufficiently precise and efficient to allow us to rapidly identify thousands of individual faces, some at a single glance. This expert processing is orientation-dependent, in that recognition of faces is far better when faces are viewed in the customary upright orientation than when seen inverted, i.e., rotated in the picture plan