Methods and Severity: The Two Tracks of Section 12

This paper argues that there are two main routes – two tracks – by which one can arrive at the fundamental wrong at the heart of section 12 of the Charter. On the “methods track”, the state can run afoul of section 12 by using intrinsically unacceptable methods of treatment or punishment. For historical reasons, jurisprudence on this track is not well developed in Canada, though it would clearly prohibit the death penalty and most methods of corporal punishment. On the “severity track”, the concern is with excessive punishment. Here, even where the state has chosen a legitimate method of punishment, like fines or imprisonment, the amount of punishment may be grossly disproportionate in light of factors like the gravity of the offence and the circumstances of the offender. To date, the distinction between the two tracks, and its implications for section 12 analysis, has gone unrecognized in the caselaw and scholarship alike. Carefully drawing this distinction, and identifying the particular inquiry appropriate to each track, not only sharpens our understanding of section 12, but will assist reviewing courts tasked with analyzing the constitutionality of a range of carceral practices, including mandatory penalties, life imprisonment without the prospect of parole, and solitary confinement

Methods and Severity: The Two Tracks of Section 12

The story of section 12 of the Charter of Rights and Freedoms, which protects against cruel and unusual treatment or punishment, is overwhelmingly told — by judges and scholars alike — as a tale about proportionality. This is an artefact of the prominence of one problem that Canadian courts have famously employed a muscular approach to section 12 to address: the problem of mandatory minimum sentences. Since Nur, the analytical path for evaluating the constitutionality of mandatory minimum sentences has been firmly and clearly set. In Lloyd, the Court summarized the jurisprudence: “The question, put simply, is this: In view of the fit and proportionate sentence, is the mandatory minimum sentence grossly disproportionate to the offence and its circumstances? If so, the provision violates s. 12.” In this article, we argue that this focus on comparison and proportionality as the analytic heart of cruel and unusual treatment and punishment blurs a crucial distinction within section 12, and thereby enervates the courts’ capacity to respond to the range of wrongs that the section should be able to address

Indenture, Marshall County, MS, 25 June 1842

https://egrove.olemiss.edu/aldrichcorr_b/1026/thumbnail.jp

Virus shedding kinetics and unconventional virulence tradeoffs

Tradeoff theory, which postulates that virulence provides both transmission costs and benefits for pathogens, has become widely adopted by the scientific community. Although theoretical literature exploring virulence-tradeoffs is vast, empirical studies validating various assumptions still remain sparse. In particular, truncation of transmission duration as a cost of virulence has been difficult to quantify with robust controlled in vivo studies. We sought to fill this knowledge gap by investigating how transmission rate and duration were associated with virulence for infectious hematopoietic necrosis virus (IHNV) in rainbow trout (Oncorhynchus mykiss). Using host mortality to quantify virulence and viral shedding to quantify transmission, we found that IHNV did not conform to classical tradeoff theory. More virulent genotypes of the virus were found to have longer transmission durations due to lower recovery rates of infected hosts, but the relationship was not saturating as assumed by tradeoff theory. Furthermore, the impact of host mortality on limiting transmission duration was minimal and greatly outweighed by recovery. Transmission rate differences between high and low virulence genotypes were also small and inconsistent. Ultimately, more virulent genotypes were found to have the overall fitness advantage, and there was no apparent constraint on the evolution of increased virulence for IHNV. However, using a mathematical model parameterized with experimental data, it was found that host culling resurrected the virulence tradeoff and provided low virulence genotypes with the advantage. Human-induced or natural culling, as well as host population fragmentation, may be some of the mechanisms by which virulence diversity is maintained in nature. This work highlights the importance of considering non-classical virulence tradeoffs

Precipitation Sensitivity to Surface Heat Fluxes over North America in Reanalysis and Model Data

A new methodology for assessing the impact of surface heat fluxes on precipitation is applied to data from the North American Regional Reanalysis (NARR) and to output from the Geophysical Fluid Dynamics Laboratory’s Atmospheric Model 2.1 (AM2.1). The method assesses the sensitivity of afternoon convective rainfall frequency and intensity to the late-morning partitioning of latent and sensible heating, quantified in terms of evaporative fraction (EF). Over North America, both NARR and AM2.1 indicate sensitivity of convective rainfall triggering to EF but no appreciable influence of EF on convective rainfall amounts. Functional relationships between the triggering feedback strength (TFS) metric and mean EF demonstrate the occurrence of stronger coupling for mean EF in the range of 0.6 to 0.8. To leading order, AM2.1 exhibits spatial distributions and seasonality of the EF impact on triggering resembling those seen in NARR: rainfall probability increases with higher EF over the eastern United States and Mexico and peaks in Northern Hemisphere summer. Over those regions, the impact of EF variability on afternoon rainfall triggering in summer can explain up to 50% of seasonal rainfall variability. However, the AM2.1 metrics also exhibit some features not present in NARR, for example, strong coupling extending northwestward from the central Great Plains into Canada. Sources of disagreement may include model hydroclimatic biases that affect the mean patterns and variability of surface flux partitioning, with EF variability typically much lower in NARR. Finally, the authors also discuss the consistency of their results with other assessments of land–precipitation coupling obtained from different methodologies

Neural Network–Based Sensitivity Analysis of Summertime Convection over the Continental United States

Although land–atmosphere coupling is thought to play a role in shaping the mean climate and its variability, it remains difficult to quantify precisely. The present study aims to isolate relationships between early morning surface turbulent fluxes partitioning [i.e., evaporative fraction (EF)] and subsequent afternoon convective precipitation frequency and intensity. A general approach involving statistical relationships among input and output variables, known as sensitivity analysis (SA), is used to develop a reduced complexity metamodel of the linkage between EF and convective precipitation. Two additional quantities characterizing the early morning convective environment, convective triggering potential (CTP) and low-level humidity (HIlow) deficit, are included. The SA approach is applied to the North American Regional Reanalysis (NARR) for June–August (JJA) conditions over the entire continental United States, Mexico, and Central America domain. Five land–atmosphere coupling regimes are objectively characterized based on CTP, HIlow, and EF. Two western regimes are largely atmospherically controlled, with a positive link to CTP and a negative link to HIlow. The other three regimes occupy Mexico and the eastern half of the domain and show positive links to EF and negative links to HIlow, suggesting that both surface fluxes and atmospheric humidity play a role in the triggering of rainfall in these regions. The regimes associated with high mean EF also tend to have high sensitivity of rainfall frequency to variations in EF. While these results may be sensitive to the choice of dataset, the approach can be applied across observational, reanalysis, and model datasets and thus represents a potentially powerful tool for intercomparison and validation as well as for characterizing land–atmosphere interaction regimes