Jury Sentencing and Juveniles: Eighth Amendment Limits and Sixth Amendment Rights

Across the country, states are grappling with how to comply with the U.S. Supreme Court’s recent decision in Miller v. Alabama, which held that mandatory life-without-parole sentences for juveniles violate the Eighth Amendment. Following Miller, it appears a sentencer may impose life without parole on a juvenile homicide offender only in those rare instances in which the sentencer determines, after considering the mitigating qualities of youth, that the juvenile’s crime reflects “irreparable corruption.” Courts are preparing to conduct resentencing hearings in states nationwide, and new cases where juveniles face the possibility of life in prison are entering the courts. Yet courts and scholars have not addressed a fundamental question: Who is the sentencer? Can a judge decide that a particular juvenile should die in prison or does the Constitution give juveniles the right to require that a jury make that determination? Courts and state legislatures responding to Miller have assumed that a judge can impose life without parole on a juvenile, as long as the judge has discretion to impose a less severe sentence. But viewing Miller in light of the Supreme Court’s recent Sixth Amendment jury right jurisprudence raises questions about the role of the jury in these post-Miller sentencing hearings. In particular, does an Eighth Amendment limit on a sentence operate in the same way as a statutory maximum sentence and set a ceiling that cannot be raised absent a jury finding? If so, a jury must find the facts beyond a reasonable doubt that expose a juvenile to life without parole. Understanding how the Court’s recent Sixth and Eighth Amendment cases interact has broad implications for how sentencing authority is allocated not only in serious juvenile cases but also in our justice system more widely

Teaching Strategies and Learning Processes

Where does the difference lie, really, in individual differences? French has developed a matrix to display the learning differences as well as guide teaching strategies

Antibacterial Properties of Nonwoven Wound Dressings Coated with Manuka Honey or Methylglyoxal

Manuka honey (MH) is used as an antibacterial agent in bioactive wound dressings via direct impregnation onto a suitable substrate. MH provides unique antibacterial activity when compared with conventional honeys, owing partly to one of its constituents, methylglyoxal (MGO). Aiming to investigate an antibiotic-free antimicrobial strategy, we studied the antibacterial activity of both MH and MGO (at equivalent MGO concentrations) when applied as a physical coating to a nonwoven fabric wound dressing. When physically coated on to a cellulosic hydroentangled nonwoven fabric, it was found that concentrations of 0.0054 mg cm−2 of MGO in the form of MH and MGO were sufficient to achieve a 100 colony forming unit % bacteria reduction against gram-positive Staphylococcus aureus and gram-negative Klebsiella pneumoniae, based on BS EN ISO 20743:2007. A 3- to 20-fold increase in MGO concentration (0.0170–0.1 mg cm−2) was required to facilitate a good antibacterial effect (based on BS EN ISO 20645:2004) in terms of zone of inhibition and lack of growth under the sample. The minimum inhibitory concentration (MIC) and minimum bactericidal concentration (MBC) was also assessed for MGO in liquid form against three prevalent wound and healthcare-associated pathogens, i.e., Staphylococcus aureus, gram-negative Pseudomonas aeruginosa and gram-positive Enterococcus faecalis. Other than the case of MGO-containing fabrics, solutions with much higher MGO concentrations (128 mg L−1–1024 mg L−1) were required to provide either a bacteriostatic or bactericidal effect. The results presented in this study therefore demonstrate the relevance of an MGO-based coating as an environmentally friendly strategy for the design of functional dressings with antibiotic-free antimicrobial chemistries

Performance and endocrine responses to differing ratios of concurrent strength and endurance training

The present study examined functional strength and endocrine responses to varying ratios of strength and endurance training in a concurrent training regimen. 30 resistance-trained men completed 6 weeks of 3 d·wk-1 of i) strength training (ST), ii) concurrent strength and endurance training ratio 3:1 (CT3), iii) concurrent strength and endurance training ratio 1:1 (CT1) or iv) no training (CON). Strength training was conducted using whole-body, multi-joint exercises, while endurance training consisted of treadmill running. Assessments of maximal strength, lower body power, and endocrine factors were conducted pre-training and following 3 and 6 weeks. Following the intervention ST and CT3 elicited similar increases in lower body strength; furthermore, ST resulted in greater increases than CT1 and CON (all p < 0.05). All training conditions resulted in similar increases in upper body strength following training. ST group observed greater increases in lower body power than all other conditions (all p < 0.05). Following the final training session, CT1 elicited greater increases in cortisol than ST (p = 0.008). When implemented as part of a concurrent training regimen, higher volumes of endurance training result in the inhibition of lower body strength, whereas low volumes do not. Lower body power was attenuated by high and low frequencies of endurance training. Higher frequencies of endurance training resulted in increased cortisol responses to training. These data suggest that if strength development is the primary focus of a training intervention, frequency of endurance training should remain low

Effects of strength and endurance exercise order on endocrine responses to concurrent training

The present study examined the effect of strength and endurance training order on the endocrine milieu associated with strength development and performance during concurrent training. A randomised, between-groups design was employed with 30 recreationally resistance-trained males completing one of four acute experimental training protocols; strength training (ST), strength followed by endurance training (ST-END), endurance followed by strength training (END-ST) or no training (CON). Blood samples were taken before each respective exercise protocol, immediately upon cessation of exercise, and 1 h post cessation of exercise. Blood samples were subsequently analysed for total testosterone, cortisol and lactate concentrations. Ability to maintain 80% 1RM during strength training was better in ST and ST-END than END-ST (both p < .05). Immediately following the respective exercise protocols all training interventions elicited significant increases in testosterone (p < .05). ST and END-ST resulted in greater increases in cortisol than ST-END (both p < .05). The testosterone:cortisol ratio was similar following the respective exercise protocols. Blood lactate concentrations post-training were greater following END-ST and ST than ST-END (both p < .05). Conducting endurance exercise prior to strength training resulted in impaired strength training performance. Blood cortisol and lactate concentrations were greater when endurance training was conducted prior to strength training than vice versa. As such, it may be suggested that conducting endurance prior to strength training may result in acute unfavourable responses to strength training when strength training is conducted with high loads

Estimating the Relative Water Content of Leaves in a Cotton Canopy

Remotely sensing plant canopy water status remains a long-term goal of remote sensing research. Established approaches to estimating canopy water status the Crop Water Stress Index, the Water Deficit Index and the Equivalent Water Thickness involve measurements in the thermal or reflective infrared. Here we report plant water status estimates based upon analysis of polarized visible imagery of a cotton canopy measured by ground Multi-Spectral Polarization Imager (MSPI). Such estimators potentially provide access to the plant hydrological photochemistry that manifests scattering and absorption effects in the visible spectral region.Twice during one day, +- 3 hours from solar noon, we collected polarized imagery and relative water content data on a cotton test plot located at the Arid Land Agricultural Research Center, United States Department of Agriculture, Maricopa, AZ. The test plot, a small portion of a large cotton field, contained stressed plants ready for irrigation. The evening prior to data collection we irrigated several rows of plants within the test plot. Thus, ground MSPI imagery from both morning and afternoon included cotton plants with a range of water statuses. Data analysis includes classifying the polarized imagery into sunlit reflecting, sunlit transmitting, shaded foliage and bare soil. We estimate the leaf surface reflection and interior reflection based upon the per pixel polarization and sunview directions. We compare our cotton results with our prior polarization results for corn and soybean leaves measured in the lab and corn leaves measured in the field

Disagreeable Privacy Policies: Mismatches between Meaning and Users’ Understanding

Privacy policies are verbose, difficult to understand, take too long to read, and may be the least-read items on most websites even as users express growing concerns about information collection practices. For all their faults, though, privacy policies remain the single most important source of information for users to attempt to learn how companies collect, use, and share data. Likewise, these policies form the basis for the self-regulatory notice and choice framework that is designed and promoted as a replacement for regulation. The underlying value and legitimacy of notice and choice depends, however, on the ability of users to understand privacy policies. This paper investigates the differences in interpretation among expert, knowledgeable, and typical users and explores whether those groups can understand the practices described in privacy policies at a level sufficient to support rational decision-making. The paper seeks to fill an important gap in the understanding of privacy policies through primary research on user interpretation and to inform the development of technologies combining natural language processing, machine learning and crowdsourcing for policy interpretation and summarization. For this research, we recruited a group of law and public policy graduate students at Fordham University, Carnegie Mellon University, and the University of Pittsburgh (“knowledgeable users”) and presented these law and policy researchers with a set of privacy policies from companies in the e-commerce and news & entertainment industries. We asked them nine basic questions about the policies’ statements regarding data collection, data use, and retention. We then presented the same set of policies to a group of privacy experts and to a group of non-expert users. The findings show areas of common understanding across all groups for certain data collection and deletion practices, but also demonstrate very important discrepancies in the interpretation of privacy policy language, particularly with respect to data sharing. The discordant interpretations arose both within groups and between the experts and the two other groups. The presence of these significant discrepancies has critical implications. First, the common understandings of some attributes of described data practices mean that semi-automated extraction of meaning from website privacy policies may be able to assist typical users and improve the effectiveness of notice by conveying the true meaning to users. However, the disagreements among experts and disagreement between experts and the other groups reflect that ambiguous wording in typical privacy policies undermines the ability of privacy policies to effectively convey notice of data practices to the general public. The results of this research will, consequently, have significant policy implications for the construction of the notice and choice framework and for the US reliance on this approach. The gap in interpretation indicates that privacy policies may be misleading the general public and that those policies could be considered legally unfair and deceptive. And, where websites are not effectively conveying privacy policies to consumers in a way that a “reasonable person” could, in fact, understand the policies, “notice and choice” fails as a framework. Such a failure has broad international implications since websites extend their reach beyond the United States