Convictions Based on Character: An Empirical Test of Other-Acts Evidence

Despite the time-honored judicial principle that “we try cases, rather than persons,” courts routinely allow prosecutors to use defendants’ prior, unrelated bad acts at trial. Courts acknowledge that jurors could improperly use this other acts evidence as proof of the defendant’s bad character. However, courts theorize that if the other acts are also relevant for a permissible purpose—such as proving the defendant’s identity as the perpetrator of the charged crime—then a cautionary instruction will cure the problem, and any prejudice is “presumed erased from the jury’s mind.” We put this judicial assumption to an empirical test. We recruited 249 participants to serve as mock jurors in a hypothetical criminal case. After reading the identical case summary, jurors were randomly assigned to one of two groups, each of which received different evidence on the issue of identity. Group A received conclusive proof, in the form of a stipulation, that if a crime was committed, the defendant was the one who committed it. Group A convicted at the rate of 33.1%. Group B received less certain evidence of identity in the form of the defendant’s somewhat similar, prior conviction, along with a cautionary instruction that this other act may not be used as evidence of the defendant’s character. Group B convicted at the much higher rate of 48.0%. The difference in conviction rates is statistically significant. Further, jurors in Group B were also more confident in their verdicts despite receiving less certain evidence of guilt and a cautionary instruction. These empirical findings demonstrate that cautionary instructions are not effective, and jurors will use other-acts evidence for impermissible purposes including, for example, the forbidden character inference. Given this, we discuss several pretrial strategies for defense counsel to limit the prejudicial impact of other-acts evidence

Truth or Doubt? An Empirical Test of Criminal Jury Instructions

Part I of this article briefly discusses the concept of proof beyond a reasonable doubt, along with its importance to individuals and society generally. Part II surveys some of the truth-related language used in multiple state and federal jurisdictions. It also examines the constitutional problems created by this language and discusses courts\u27 inadequate responses to these problems. Part III explains our controlled experiment, including our hypotheses, study design, and empirical findings. Part IV discusses these findings and their significance and argues that courts should immediately terminate their use of truth-based jury instructions so that our constitutional guarantees are fulfilled. Finally, Part V discusses the possible limitations of our study and considers ways that researchers may choose to address these issues in future studies

What have we already learned from the CMB?

The COBE satellite, and the DMR experiment in particular, was extraordinarily successful. However, the DMR results were announced about 7 years ago, during which time a great deal more has been learned about anisotropies in the Cosmic Microwave Background (CMB). The CMB experiments currently being designed and built, including long-duration balloons, interferometers, and two space missions, promise to address several fundamental cosmological issues. We present our evaluation of what we already know, what we are beginning to learn now, and what the future may bring.Comment: 20 pages, 3 figures. Changes to match version accepted by PAS

Anomalous Thrust Production from an RF Test Device Measured on a Low-Thrust Torsion Pendulum

This paper describes the eight-day August 2013 test campaign designed to investigate and demonstrate viability of using classical magnetoplasmadynamics to obtain a propulsive momentum transfer via the quantum vacuum virtual plasma. This paper will not address the physics of the quantum vacuum plasma thruster, but instead will describe the test integration, test operations, and the results obtained from the test campaign. Approximately 30-50 micro-Newtons of thrust were recorded from an electric propulsion test article consisting primarily of a radio frequency (RF) resonant cavity excited at approximately 935 megahertz. Testing was performed on a low-thrust torsion pendulum that is capable of detecting force at a single-digit micronewton level, within a stainless steel vacuum chamber with the door closed but at ambient atmospheric pressure. Several different test configurations were used, including two different test articles as well as a reversal of the test article orientation. In addition, the test article was replaced by an RF load to verify that the force was not being generated by effects not associated with the test article. The two test articles were designed by Cannae LLC of Doylestown, Pennsylvania. The torsion pendulum was designed, built, and operated by Eagleworks Laboratories at the NASA Johnson Space Center of Houston, Texas. Approximately six days of test integration were required, followed by two days of test operations, during which, technical issues were discovered and resolved. Integration of the two test articles and their supporting equipment was performed in an iterative fashion between the test bench and the vacuum chamber. In other words, the test article was tested on the bench, then moved to the chamber, then moved back as needed to resolve issues. Manual frequency control was required throughout the test. Thrust was observed on both test articles, even though one of the test articles was designed with the expectation that it would not produce thrust. Specifically, one test article contained internal physical modifications that were designed to produce thrust, while the other did not (with the latter being referred to as the "null" test article). Test data gathered includes torsion pendulum displacement measurements which are used to calculate generated force, still imagery in the visible spectrum to document the physical configuration, still imagery in the infrared spectrum to characterize the thermal environment, and video imagery. Post-test data includes static and animated graphics produced during RF resonant cavity characterization using the COMSOL Multiphysics software application. Excerpts from all of the above are included and discussed in this paper. Lessons learned from test integration and operations include identification of the need to replace manual control of the resonant cavity target frequency with an automated frequency control capability. Future test plans include the development of an automatic frequency control circuit. Test results indicate that the RF resonant cavity thruster design, which is unique as an electric propulsion device, is producing a force that is not attributable to any classical electromagnetic phenomenon and therefore is potentially demonstrating an interaction with the quantum vacuum virtual plasma. Future test plans include independent verification and validation at other test facilities

The Use of the North Alabama Lightning Mapping Array (NALMA) in the Real-Time Operational Warning Environment During the March 2nd, 2012 Severe Weather Outbreak in Northern Alabama

The North Alabama Lightning Mapping Array (NALMA) is a three-dimensional very high frequency (VHF) detection network consisting of 11 sensors spread across north central Alabama and two sensors located in the Atlanta, Georgia region. The primary advantage of this network is that it detects total lightning, or the combination of both cloud-to-ground and intra-cloud lightning, instead of cloud-to-ground lightning alone. This helps to build a complete picture of storm evolution and development, and can serve as a proxy for storm updraft strength, particularly since intra-cloud lightning makes up the majority of all lightning in a typical thunderstorm. While the NALMA data do not directly indicate severe weather, they can indirectly indicate when a storm is strengthening (weakening) due to increases (decreases) in updraft strength, as the updraft is responsible for charging mechanisms within the storm. Data output are VHF radiation sources, which are produced during lightning breakdown processes. These sources are made into 2x2 km source density grids and are ported into the Advanced Weather Interactive Processing System (AWIPS) for National Weather Service (NWS) offices in Huntsville, AL, Nashville, TN, Morristown, TN, and Birmingham, AL, in near real-time. An increase in sources, or source densities, correlates to increased lightning activity and trends in updraft magnitude as long as the storm is within about 125 km of the center of the LMA network. Operationally, these data have been used at the Huntsville NWS office since early 2003 through a collaborative effort with NASA s Short-term Prediction Research and Transition (SPoRT) Center. Since then, total lightning observations have become an essential tool for forecasters during real-time warning operations. One of the operational advantages of the NALMA is the two-minute temporal resolution of the data. This provides forecasters with two to three updates during a typical volume scan of the WSR-88D radar

Open Space – a collaborative process for facilitating Tourism IT partnerships

The success of IT projects depends on the success of the partnerships on which they are based. However past research by the author has identified a significant rate of failure in these partnerships, predominantly due to an overly technical mindset, leading to the question: “how do we ensure that, as technological solutions are implemented within tourism, due consideration is given to human-centred issues?” The tourism partnership literature is explored for additional insights revealing that issues connected with power, participation and normative positions play a major role. The method, Open Space, is investigated for its ability to engage stakeholders in free and open debate. This paper reports on a one-day Open Space event sponsored by two major intermediaries in the UK travel industry who wanted to consult their business partners. Both the running of the event and its results reveal how Open Space has the potential to address some of the weaknesses associated with tourism partnerships

The Cosmological Constant is Back

A diverse set of observations now compellingly suggest that Universe possesses a nonzero cosmological constant. In the context of quantum-field theory a cosmological constant corresponds to the energy density of the vacuum, and the wanted value for the cosmological constant corresponds to a very tiny vacuum energy density. We discuss future observational tests for a cosmological constant as well as the fundamental theoretical challenges---and opportunities---that this poses for particle physics and for extending our understanding of the evolution of the Universe back to the earliest moments.Comment: latex, 8 pages plus one ps figure available as separate compressed uuencoded fil

Protocol for a prospective study evaluating circulating tumour cells status to predict radical prostatectomy treatment failure in localised prostate cancer patients (C-ProMeta-1)

BACKGROUND: Treatment decisions in prostate cancer (PCa) rely on disease stratification between localised and metastatic stages, but current imaging staging technologies are not sensitive to micro-metastatic disease. Circulating tumour cells (CTCs) status is a promising tool in this regard. The Parsortix® CTC isolation system employs an epitope-independent approach based on cell size and deformability to increase the capture rate of CTCs. Here, we present a protocol for prospective evaluation of this method to predict post radical prostatectomy (RP) PCa cancer recurrence. METHODS: We plan to recruit 294 patients diagnosed with unfavourable intermediate, to high and very high-risk localised PCa. Exclusion criteria include synchronous cancer diagnosis or prior PCa treatment, including hormone therapy. RP is performed according to the standard of care. Two blood samples (20 ml) are collected before and again 3-months after RP. The clinical team are blinded to CTC results and the laboratory researchers are blinded to clinical information. Treatment failure is defined as a PSA ≥ 0.2 mg/ml, start of salvage treatment or imaging-proven metastatic lesions. The CTC analysis entails enumeration and RNA analysis of gene expression in captured CTCs. The primary outcome is the accuracy of CTC status to predict post-RP treatment failure at 4.5 years. Observed sensitivity, positive and negative predictive values will be reported. Specificity will be presented over time. DISCUSSION: CTC status may reflect the true potential for PCa metastasis and may predict clinical outcomes better than the current PCa progression risk grading systems. Therefore establishing a robust biomarker for predicting treatment failure in localized high-risk PCa would significantly enhance guidance in treatment decision-making, optimizing cure rates while minimizing unnecessary harm from overtreatment. TRIAL REGISTRATION: ISRCTN17332543

ANALYSIS OF THE LEACHING EFFICIENCY OF INHIBITED WATER AND TANK 23H SIMULANT IN REMOVING RESIDUES ON TANK 48H WALLS

Solid residues on two sets of thermowell pipe samples from the D2 riser in SRS Tank 48H were characterized. The residue thickness was determined using the ASTM standard D 3483-05 and was found to be three order of magnitudes below the 1mm thickness estimated from an earlier video of the tank cooling coil inspection. The actual estimated thickness ranged from 4 to 20.4 microns. The mass per unit area ranged from 1 to 5.3 milligrams per square inch. The residues appear to consist primarily of potassium tetraphenylborate (39.8 wt% KTPB) and dried salt solution (33.5 wt% total of nitrates, nitrites and oxalate salts), although {approx}30% of the solid mass was not accounted for in the mass balance. No evidence of residue buildup was found inside the pipe, as expected. The residue leaching characteristics were measured by placing one pipe in inhibited water and one pipe in DWPF Recycle simulant. After soaking for less than 4 weeks, the inhibited water was 95.4% effective at removing the residue and the DWPF Recycle simulant was 93.5% effective. The surface appearance of the pipes after leaching tests appeared close to the clean shiny appearance of a new pipe. Total gamma counts of leachates averaged 48.1 dpm/ml, or an equivalent of 2.35E-11 Ci/gm Cs-137 (dry solids basis), which is much lower than the 1.4 E-03 Ci/gm expected for Tank 48 dry slurry solids