Double Jeopardy and the Commonwealth\u27s Right to Writs of Error in Criminal Cases

In the 1986 legislative session, the Virginia General Assembly attempted to produce a constitutional amendment designed to expand the right of Commonwealth\u27s Attorneys to appeal criminal cases. The Virginia Constitution prohibits appeals by the commonwealth in criminal cases in which the accused might be sentenced to death or imprisonment, unless the case involves state revenue. Advocates of an amendment to expand prosecutorial appeals have never fully explained the historical context of the prohibition against such appeals and their complex relationship to other constitutional, statutory, and common law provisions. The subject of prosecutorial appeals involves such fundamental legal issues as former jeopardy, justification for the dismissal of a jury before verdict, the finality of judgments, and the reviewability of interlocutory orders. The piecemeal evolution of doctrines in these areas from the English common law to their present state has entangled the concept of criminal appeals by the commonwealth in a web of technical confusion. The issue of prosecutorial appeals also involves a confrontation between the public\u27s interest in access to appellate review and the individual\u27s interest in freedom from harassment and persecution by a powerful government. This article demonstrates that few types of prosecutorial appeals are inconsistent with other legal principles and suggests that greater access to appellate review would enhance the state\u27s ability to protect society from crime without unfairly burdening the individual accused

The Search for Virtue and the Role of Anti-Corruption Agencies : A Queensland Case Study

This paper deals with the ambiguous role played by one "heavy regulatory regime" and the complex relationships developed between this anti-corruption agency, the various governments in power after its creation and (only incidentally) with the modernisation of the police service in Queensland. The story of the modernisation of the Queensland police service is a remarkable one, involving as it does the disgrace and imprisonment of Police Commissioner Terry Lewis and - on unrelated corruption charges - several Ministers. This was linked to the disgrace of a Premier of one government linked to both events, whose party subsequently plunged to electoral defeat in 1989 after thirty years in office. More recently (February, 2001), Queensland has seen the resignation of a Deputy Premier and several Ministers of the opposing party after admitting electoral rorting associated with fraud and perjury. Apparently paradoxically, the party then went immediately to an election where it won a victory of unprecedented proportions. The common feature has been the impact of a judicial enquiry between 1987 and 1989 and the activities generated by the supervisory body created by that enquiry, the Criminal Justice Commission (CJC). This paper is in two parts: the first deals with the political context and administrative changes over the past decade; and the second focuses specifically on the operation of the Criminal Justice Commission within that context and its role in promoting modernisation of the police force

King Gough : Madness Or Magnificence? A Retrospective View Of The 1975 APSA Conference

In 2000, I chose to mark the 25th anniversary by a personal project to complement the formal conference on the topic of the Whitlam years held later in the year on the specific anniversary. As President of APSA in that momentous year, I chaired the committee which organised the conference that year, held amid damp conditions at the Canberra CAE. The conference occurred in the hothouse environment of July 1975, a period of unprecedented levels of political uncertainty. Indeed, the very title of the conference, "The First Thousand Days of Labor" devised by John Power inadvertently begged a momentous question: Would Whitlam last beyond his first thousand days? Answer - just, 1074. The attendance at the conference, over 400 including the down-town public servants, was also abnormally large. Finally, the format of the conference, squeezing all contributors into a straight-jacket of a single theme, was also an innovation - and never repeated because some vocal groups felt disenfranchised by its intellectual parochialism. These special characteristics of the conference justify this exercise in retrospectivity. It fits into a theme of reviewing Australian federalism since 1975 was such a cataclysmic year. It was a mirror of where the Whitlam government was taking the public policy agenda - towards institutional reforms in the public service, reaching into local and regional communities, creating new slants on federalism and engaging in an activist and independent foreign policy (not least with respect to East Timor). It was also engaging the scholarly attention of a wide variety of participants not normally much in evidence at APSA conferences, including senior administrators, serving politicians journalists, union officials and ministerial staff. Some of these have faded into relative obscurity or joined their ancestors, but the list of - then/now - occupations in the Appendices suggest an unusual diversity of backgrounds at the time and subsequent to the conference. I decided to send the conference contributors a copy of their original papers and respond to the questions of how much things have changed since they wrote and how accurate were any predictions and analyses they offered. What did the differences tell us about thet state of the discipline of political science then and now? The papers are arranged as they were in 1975 - in four sections : "Government, Parliament and Parliamentarians", "Machinery of Government", "Federalism" and "Public Policy". A fifth section, on international relations could not be sustained in this retrospective as few authors could be contacted who had any interest in reviewing what they had written that long ago and many had not survived. Hard copies of this retrospective were tabled at the 2000 APSA conference. The original 1975 papers were photocopied and bound into two volumes with the modest technology then available and can still be found in many university libraries which received free copies from APSA. They will be catalogued as "The First Thousand Days of Labor" perhaps with attributions to compilers Scott, Richardson, Power and Wettenhall

Emergent particle-hole symmetry in spinful bosonic quantum Hall systems

When a fermionic quantum Hall system is projected into the lowest Landau level, there is an exact particle-hole symmetry between filling fractions $\nu$ and $1-\nu$. We investigate whether a similar symmetry can emerge in bosonic quantum Hall states, where it would connect states at filling fractions $\nu$ and $2-\nu$. We begin by showing that the particle-hole conjugate to a composite fermion `Jain state' is another Jain state, obtained by reverse flux attachment. We show how information such as the shift and the edge theory can be obtained for states which are particle-hole conjugates. Using the techniques of exact diagonalization and infinite density matrix renormalization group, we study a system of two-component (i.e., spinful) bosons, interacting via a $\delta$-function potential. We first obtain real-space entanglement spectra for the bosonic integer quantum Hall effect at $\nu=2$, which plays the role of a filled Landau level for the bosonic system. We then show that at $\nu=4/3$ the system is described by a Jain state which is the particle-hole conjugate of the Halperin (221) state at $\nu=2/3$. We show a similar relationship between non-singlet states at $\nu=1/2$ and $\nu=3/2$. We also study the case of $\nu=1$, providing unambiguous evidence that the ground state is a composite Fermi liquid. Taken together our results demonstrate that there is indeed an emergent particle-hole symmetry in bosonic quantum Hall systems.Comment: 10 pages, 8 figures, 4 appendice

On Time Series Analysis of Public Health and Biomedical Data

A time series is a sequence of observations made over time. Examples in public health include daily ozone concentrations, weekly admissions to an emergency department or annual expenditures on health care in the United States. Time series models are used to describe the dependence of the response at each time on predictor variables including covariates and possibly previous values in the series. Time series methods are necessary to account for the correlation among repeated responses over time. This paper gives an overview of time series ideas and methods used in public health research

A cell lineage analysis of segmentation in the chick embryo

We have studied the lineage history of the progenitors of the somite mesoderm and of the neural tube in the chick embryo by injecting single cells with the fluorescent tracer, rhodamine-lysine-dextran. We find that, although single cells within the segmental plate give rise to discrete clones in the somites to which they contribute, neither the somites nor their component parts (sclerotome, dermatome, myotome or their rostral and caudal halves) are `compartments' in the sense defined in insects. Cells in the rostral two thirds or so of the segmental plate contribute only to somite tissue and divide about every 10 h, while those in the caudal portions of this structure contribute both to the somites and to intermediate and lateral plate mesoderm derivatives. In the neural tube, the descendants of individual prospective ventral horn cells remain together within the horn, with a cycle time of 10 h. We have also investigated the role of the cell division cycle in the formation and subsequent development of somites. A single treatment of 2-day chick embryos with heat shock or a variety of drugs that affect the cell cycle all produce repeated anomalies in the pattern of somites and vertebrae that develop subsequent to the treatment. The interval between anomalies is 6-7 somites (or a multiple of this distance), which corresponds to 10 h. This interval is identical to that measured for the cell division cycle. Given that cell division synchrony is seen in the presomitic mesoderm, we suggest that the cell division cycle plays a role in somite formation. Finally, we consider the mechanisms responsible for regionalization of derivatives of the somite, and conclude that it is likely that both cell interactions and cell lineage history are important in the determination of cell fates