State v. Lovejoy: Should Pre-Arrest, Pre-Miranda Silence be Admissible During the State\u27s Case-in-Chief as Substantive Evidence of Guilt?

Article 1, section 6 of Maine Constitution reads in part that “[t]he accused shall not be compelled to give evidence against himself or herself, nor be deprived of life, liberty, property, or privileges . . . .” Further, the Law Court has held that “the State constitutional protection against self-incrimination is the equivalent of the Fifth Amendment. However, as with most provisions of the Constitution, the protection against self-incrimination is open to interpretation. While the Supreme Court has answered some questions surrounding the Fifth Amendment’s protections, it has left many decisions regarding its scope largely within the purview of the states. As a result, The Maine Supreme Judicial Court, like many courts across the United States, has struggled to qualify exactly how Maine’s codification of the Fifth Amendment applies outside of the courtroom. Specifically, the Supreme Court has never addressed the issue of whether pre-arrest, pre-Miranda silence can be used during the prosecution’s case-in-chief as evidence of consciousness of guilt in a criminal trial. Further, the circuit courts that have addressed the issue are split. As a result, jurisdiction have been forced to fashion their own rules regarding the admissibility of the pre-arrest, pre-Miranda silence as evidence of consciousness of guilt. It was against backdrop that the Law Court decided State v. Lovejoy. The purpose of this case note is to analyze Lovejoy and how it fits into the existing body of case law regarding pre-arrest statements and their admissibility in court. Part II of this note briefly discusses the scope of the Fifth Amendment to held elucidate the rationale behind courts’ decisions to either admit or exclude pre-arrest, pre-Miranda testimony at trial. Part III of this note discusses Lovejoy in some detail, explaining the facts, procedural posture, and holding of the case, including a detailed analysis of the Court’s reasoning and the precedent upon which it relied. Part IV discusses how other courts have addressed the admissibility of pre-arrest, pre-Miranda silence. Finally, Part V argues that the Court’s ruling in Lovejoy is the correct interpretation of the Fifth Amendment and article 1, section 6 of the Maine Constitution as it applies to pre-arrest, pre-Miranda silence, as any comment on a defendant’s pre-arrest, pre-Miranda decision to remain silent implicates the Fifth Amendment, has minimal probative value, and should be precluded by a logical extension of the Griffin Penalty doctrine

State v. Lovejoy: Should Pre-Arrest, Pre-Miranda Silence be Admissible During the State\u27s Case-in-Chief as Substantive Evidence of Guilt?

Article 1, section 6 of Maine Constitution reads in part that “[t]he accused shall not be compelled to give evidence against himself or herself, nor be deprived of life, liberty, property, or privileges . . . .” Further, the Law Court has held that “the State constitutional protection against self-incrimination is the equivalent of the Fifth Amendment. However, as with most provisions of the Constitution, the protection against self-incrimination is open to interpretation. While the Supreme Court has answered some questions surrounding the Fifth Amendment’s protections, it has left many decisions regarding its scope largely within the purview of the states. As a result, The Maine Supreme Judicial Court, like many courts across the United States, has struggled to qualify exactly how Maine’s codification of the Fifth Amendment applies outside of the courtroom. Specifically, the Supreme Court has never addressed the issue of whether pre-arrest, pre-Miranda silence can be used during the prosecution’s case-in-chief as evidence of consciousness of guilt in a criminal trial. Further, the circuit courts that have addressed the issue are split. As a result, jurisdiction have been forced to fashion their own rules regarding the admissibility of the pre-arrest, pre-Miranda silence as evidence of consciousness of guilt. It was against backdrop that the Law Court decided State v. Lovejoy. The purpose of this case note is to analyze Lovejoy and how it fits into the existing body of case law regarding pre-arrest statements and their admissibility in court. Part II of this note briefly discusses the scope of the Fifth Amendment to held elucidate the rationale behind courts’ decisions to either admit or exclude pre-arrest, pre-Miranda testimony at trial. Part III of this note discusses Lovejoy in some detail, explaining the facts, procedural posture, and holding of the case, including a detailed analysis of the Court’s reasoning and the precedent upon which it relied. Part IV discusses how other courts have addressed the admissibility of pre-arrest, pre-Miranda silence. Finally, Part V argues that the Court’s ruling in Lovejoy is the correct interpretation of the Fifth Amendment and article 1, section 6 of the Maine Constitution as it applies to pre-arrest, pre-Miranda silence, as any comment on a defendant’s pre-arrest, pre-Miranda decision to remain silent implicates the Fifth Amendment, has minimal probative value, and should be precluded by a logical extension of the Griffin Penalty doctrine

Information Optimization in Coupled Audio-Visual Cortical Maps

Barn owls hunt in the dark by using cues from both sight and sound to locate their prey. This task is facilitated by topographic maps of the external space formed by neurons (e.g., in the optic tectum) that respond to visual or aural signals from a specific direction. Plasticity of these maps has been studied in owls forced to wear prismatic spectacles that shift their visual field. Adaptive behavior in young owls is accompanied by a compensating shift in the response of (mapped) neurons to auditory signals. We model the receptive fields of such neurons by linear filters that sample correlated audio-visual signals, and search for filters that maximize the gathered information, while subject to the costs of rewiring neurons. Assuming a higher fidelity of visual information, we find that the corresponding receptive fields are robust and unchanged by artificial shifts. The shape of the aural receptive field, however, is controlled by correlations between sight and sound. In response to prismatic glasses, the aural receptive fields shift in the compensating direction, although their shape is modified due to the costs of rewiring.Comment: 7 pages, 1 figur

Application of tilt correlation statistics to anisoplanatic optical turbulence modeling and mitigation

Atmospheric optical turbulence can be a significant source of image degradation, particularly in long range imaging applications. Many turbulence mitigation algorithms rely on an optical transfer function (OTF) model that includes the Fried parameter. We present anisoplanatic tilt statistics for spherical wave propagation. We transform these into 2D autocorrelation functions that can inform turbulence modeling and mitigation algorithms. Using these, we construct an OTF model that accounts for image registration. We also propose a spectral ratio Fried parameter estimation algorithm that is robust to camera motion and requires no specialized scene content or sources. We employ the Fried parameter estimation and OTF model for turbulence mitigation. A numerical wave-propagation turbulence simulator is used to generate data to quantitatively validate the proposed methods. Results with real camera data are also presented

Male factor infertility and assisted reproductive technologies. indications, minimum access criteria and outcomes

BackgroundInfertility, which is defined as the inability to conceive after at least 12 months of regular unprotected sexual intercourses, affects about 15-20% of couples worldwide and a male factor is involved in about half of the cases. The development of assisted reproductive technology (ART) made it possible to conceive also to individuals affected from severe oligospermia or azoospermia. However, the impact of the male factor on embryo development, implantation, prevalence of chromosomal abnormalities, genetic and epigenetic alterations, and clinical and obstetric outcomes is still controversial.PurposeThis narrative review examines the indications, minimum access criteria, and outcomes by individual ART technique in relation to the male factor

Deep learning for anisoplanatic optical turbulence mitigation in long-range imaging

We present a deep learning approach for restoring images degraded by atmospheric optical turbulence. We consider the case of terrestrial imaging over long ranges with a wide field-of-view. This produces an anisoplanatic imaging scenario where turbulence warping and blurring vary spatially across the image. The proposed turbulence mitigation (TM) method assumes that a sequence of short-exposure images is acquired. A block matching (BM) registration algorithm is applied to the observed frames for dewarping, and the resulting images are averaged. A convolutional neural network (CNN) is then employed to perform spatially adaptive restoration. We refer to the proposed TM algorithm as the block matching and CNN (BM-CNN) method. Training the CNN is accomplished using simulated data from a fast turbulence simulation tool capable of producing a large amount of degraded imagery from declared truth images rapidly. Testing is done using independent data simulated with a different well-validated numerical wave-propagation simulator. Our proposed BM-CNN TM method is evaluated in a number of experiments using quantitative metrics. The quantitative analysis is made possible by virtue of having truth imagery from the simulations. A number of restored images are provided for subjective evaluation. We demonstrate that the BM-CNN TM method outperforms the benchmark methods in the scenarios tested

Blockchain for the Healthcare Supply Chain: A Systematic Literature Review

A supply chain (SC) is a network of interests, information, and materials involved in processes that produce value for customers. The implementation of blockchain technology in SC management in healthcare has had results. This review aims to summarize how blockchain technology has been used to address SC challenges in healthcare, specifically for drugs, medical devices (DMDs), and blood, organs, and tissues (BOTs). A systematic review was conducted by following the PRISMA guidelines and searching the PubMed and Proquest databases. English-language studies were included, while non-primary studies, as well as surveys, were excluded. After full-text assessment, 28 articles met the criteria for inclusion. Of these, 15 (54%) were classified as simulation studies, 12 (43%) were classified as theoretical, and only one was classified as a real case study. Most of the articles (n = 23, 82%) included the adoption of smart contracts. The findings of this systematic review indicated a significant but immature interest in the topic, with diverse ideas and methodologies, but without effective real-life applications

Super-resolution in the presence of atmospheric optical turbulence

The design of imaging systems involves navigating a complex trade space. As a result, many imaging systems employ focal plane arrays with a detector pitch that is insufficient to meet the Nyquist sampling criterion under diffraction-limited imaging conditions. This undersampling may result in aliasing artifacts and prevent the imaging system from achieving the full resolution afforded by the optics. Another potential source of image degradation, especially for long-range imaging, is atmospheric optical turbulence. Optical turbulence gives rise to spatially and temporally varying image blur and warping from fluctuations in the index of refraction along with optical path. Under heavy turbulence, the blurring from the turbulence acts as an anti-aliasing filter, and undersampling does not generally occur. However, under light to moderate turbulence, many imaging systems will exhibit both aliasing artifacts and turbulence degradation. Few papers in the literature have analyzed or addressed both of these degradations together. In this paper, we provide a novel analysis of undersampling in the presence of optical turbulence. Specifically, we provide an optical transfer function analysis that illustrates regimes where aliasing and turbulence are both present, and where they are not. We also propose and evaluate a super-resolution (SR) method for combating aliasing that offers robustness to optical turbulence. The method has a tuning parameter that allows it to transition from traditional diffraction-limited SR, to pure turbulence mitigation with no SR. The proposed method is based on Fusion of Interpolated Frames (FIF) SR, recently proposed by two of the current authors. We quantitatively evaluate the SR method with varying levels of optical turbulence using simulated sequences. We also presented results using real infrared imagery

Improving diabetes care at primary care level with a multistrategic approach: results of the DIAPREM programme

Aim: To present results, 1 year postimplementation at primary care level, of an integrated diabetes care programme including systemic changes, education, registry (clinical, metabolic, and therapeutic indicators), and disease management (DIAPREM). Methods: We randomly selected and trained 15 physicians and 15 nurses from primary care units of La Matanza County (intervention—IG) and another 15 physicians/nurses to participate as controls (control—CG). Each physician– nurse team controlled and followed up 10 patients with type 2 diabetes for 1 year; both groups used structured medical records. Patients in IG had quarterly clinical appointments, whereas those in CG received traditional care. Statistical data analysis included parametric/ nonparametric tests according to data distribution profile and Chi-squared test for proportions. Results: After 12 months, the dropout rate was significantly lower in IG than in CG. Whereas in IG HbA1c, blood pressure and lipid profile levels significantly decreased, no changes were recorded in CG. Drug prescriptions showed no significant changes in IG except a decrease in oral monotherapy. Conclusions: DIAPREM is an expedient and simple multistrategic model to implement at the primary care level in order to decrease patient dropout and improve control and treatment adherence, and quality of care of people with diabetes.Centro de Endocrinología Experimental y AplicadaFacultad de Ciencias EconómicasInstituto de Investigación en InformáticaCentro Interdisciplinario Universitario para la Salu

Fusion of interpolated frames superresolution in the presence of atmospheric optical turbulence

An extension of the fusion of interpolated frames superresolution (FIF SR) method to perform SR in the presence of atmospheric optical turbulence is presented. The goal of such processing is to improve the performance of imaging systems impacted by turbulence. We provide an optical transfer function analysis that illustrates regimes where significant degradation from both aliasing and turbulence may be present in imaging systems. This analysis demonstrates the potential need for simultaneous SR and turbulence mitigation (TM). While the FIF SR method was not originally proposed to address this joint restoration problem, we believe it is well suited for this task. We propose a variation of the FIF SR method that has a fusion parameter that allows it to transition from traditional diffraction-limited SR to pure TM with no SR as well as a continuum in between. This fusion parameter balances subpixel resolution, needed for SR, with the amount of temporal averaging, needed for TM and noise reduction. In addition, we develop a model of the interpolation blurring that results from the fusion process, as a function of this tuning parameter. The blurring model is then incorporated into the overall degradation model that is addressed in the restoration step of the FIF SR method. This innovation benefits the FIF SR method in all applications. We present a number of experimental results to demonstrate the efficacy of the FIF SR method in different levels of turbulence. Simulated imagery with known ground truth is used for a detailed quantitative analysis. Three real infrared image sequences are also used. Two of these include bar targets that allow for a quantitative resolution enhancement assessment