The mutable defendant: from penitent to rights-bearing and beyond

This is the author accepted manuscript. The final version is available from Cambridge University Press via the DOI in this recordContemporary criminal justice is premised on a rights-bearing defendant safe-guarded from arbitrary state punishment by due process. The paucity of academic commentary on the role of the criminal defendant suggests that there is a common assumption that the role is static. However, the rights-bearing defendant is a relatively new concept. Through a legal history analysis, this article demonstrates that the defendant’s role can mutate in response to pressures placed on the criminal trial. Broadly, there have been three conceptualisations of the defendant; the penitent Anglo-Norman defendant, the advocate defendant of the jury trial, and the rights-bearing adversarial defendant. Importantly, the shift from one conceptualisation to another has occurred gradually and often without commentary or conscious effort to instigate change. There are many contemporary pressures that could be impacting on the rights-bearing defendant. The concept of a mutable defendant provides a new theory through which to analyse these pressures. This article considers the introduction of adverse inferences regarding the right to silence and disclosure, and the rise of ‘digilantism’. These new pressures, it is suggested, help to facilitate a rhetoric of deservingness that goes against the rights-bearing defendant and raises the risk its role could once again be mutating

A Moment in Ecuador

2012 essay contest winner Rosa Gimson\u27s A Moment in Ecuado

Survival after liver transplantation in the United Kingdom and Ireland compared with the United States

<b>Background and Aim</b>: Surgical mortality in the US is widely perceived to be superior to that in the UK. However, previous comparisons of surgical outcome in the two countries have often failed to take sufficient account of case-mix or examine long-term outcome. The standardised nature of liver transplantation practice makes it uniquely placed for undertaking reliable international comparisons of surgical outcome. The objective of this study is to undertake a risk-adjusted disease-specific comparison of both short- and long-term survival of liver transplant recipients in the UK and Ireland with that in the US. <b>Design, setting and participants</b>: Multi-centre cohort study using two high quality national databases including all adults who underwent a first single organ liver transplant in the UK and Ireland (n=5,925) and the US (n=41,866) between March 1994 and March 2005. <b>Main outcome measures</b>: Post-transplant mortality during the first 90 days, 90 days-1 year and beyond the first year, adjusted for donor and recipient characteristics. <b>Results</b>: Risk-adjusted mortality in the UK and Ireland was generally higher than in the US during the first 90 days (hazard ratio 1.17 95%CI 1.07-1.29), both for patients transplanted for acute liver failure (hazard ratio 1.27 95%CI 1.01-1.60) as well as those transplanted for chronic liver disease (hazard ratio 1.18 95% CI 1.07- 1.31). Between 90 days and 1 year post-transplantation, no statistically significant differences in overall risk- adjusted mortality were noted between the two cohorts. Survivors of the first post-transplant year in the UK and Ireland had lower overall risk-adjusted mortality than those transplanted in the US (hazard ratio 0.88 95% CI 0.81- 0.96). This difference was observed among patients transplanted for chronic liver disease (hazard ratio 0.88 95%CI 0.81-0.96) but not those transplanted for acute liver failure (hazard ratio 1.02 95%CI 0.70- 1.50). <b>Conclusions</b>: Whilst risk adjusted mortality is higher in the UK and Ireland during the first 90 days following liver transplantation, it is higher in the US among those liver transplant recipients who survived the first post- transplant year. Our results are consistent with the notion that the US has superior acute peri-operative care whereas the UK appears to provide better quality chronic care following liver transplantation surgery

Support for midlife anxiety diagnosis as an independent risk factor for dementia: a systematic review

OBJECTIVES: Anxiety is an increasingly recognised predictor of cognitive deterioration in older adults and in those with mild cognitive impairment. Often believed to be a prodromal feature of neurodegenerative disease, anxiety may also be an independent risk factor for dementia, operationally defined here as preceding dementia diagnosis by ≥10 years. DESIGN: A systematic review of the literature on anxiety diagnosis and long-term risk for dementia was performed following published guidelines. SETTING AND PARTICIPANTS: Medline, PsycINFO and Embase were searched for peer-reviewed journals until 8 March 2017. Publications reporting HR/OR for all-cause dementia based on clinical criteria from prospective cohort or case-control studies were selected. Included studies measured clinically significant anxiety in isolation or after controlling for symptoms of depression, and reported a mean interval between anxiety assessment and dementia diagnosis of at least 10 years. Methodological quality assessments were performed using the Newcastle-Ottawa Scale. OUTCOME MEASURE: HR/OR for all-cause dementia. RESULTS: Searches yielded 3510 articles, of which 4 (0.02%) were eligible. The studies had a combined sample size of 29 819, and all studies found a positive association between clinically significant anxiety and future dementia. Due to the heterogeneity between studies, a meta-analysis was not conducted. CONCLUSIONS: Clinically significant anxiety in midlife was associated with an increased risk of dementia over an interval of at least 10 years. These findings indicate that anxiety may be a risk factor for late-life dementia, excluding anxiety that is related to prodromal cognitive decline. With increasing focus on identifying modifiable risk factors for dementia, more high-quality prospective studies are required to clarify whether clinical anxiety is a risk factor for dementia, separate from a prodromal symptom

KELAS KUAT KAYU TUMIH (Combretocarpus rotundatus (Miq.) Danser) BERDASARKAN BAGIAN BATANG (The the physical and mechanical Properties of Tumih Wood Based on Section Stem)

Tumih wood (Combretocarpus rotundatus (Miq.) Danser) is classified as an unknown type of wood which is widely grown in peat swamp forests in Central Kalimantan. This study aims to analyze the physical properties and mechanical properties of wood in axial and radial directions so that they can be utilized properly. The results of the study resulted in fresh water content and dry air content of wood air, each of which was 71,58% and 19,33%, kiln dry weight 0,72, tangential shrinkage 9,68%, radial shrinkage 5,02% and longitudinal shrinkage 0,19%. Testing of mechanical properties resulted in a flexural firmness of 618,33 kg/cm2, compressive strength parallel to the fiber 333,27kg/cm2, shear constancy 92,02 kg/cm2, hardness 355,60 kg/cm2, and stiffness at 19,50kg/cm2. Based on the Indonesian Wood Construction Regulations Standard (PKKI) NI 5-1961 tumih wood is included as a strong class III of Indonesian wood, so it is quite well used for home building raw materials, beams, floor and wall boards, door/window frames, and furniture

Captured red handed: the impact of social media on the evolving concepts of the criminal defendant and the presumption of innocence

Advances in media technology has made it possible for crimes to be documented and commented upon in real-time. Increasingly, crimes are being recorded as they occur by the public on mobile devices and uploaded onto the Internet for global commentary. This public discussion of criminal activities is supplemented by an increasingly pervasive and moralistic media commentary on criminal activity. As a result, guilt can appear to be predetermined through a trial by media and substantiated by apparent “proof” before the individual comes to trial. This thesis considers how such “evidence” of guilt alters perceptions of the defendant and role of the criminal trial in determining guilt. Applying the theory of genealogy, we analyse the role the English defendant has played in the criminal trial and identify that the concept of the defendant is changeable and has been influenced by external pressures. Using the theory of moral mandates this changeable role of the defendant is tested through a qualitative analysis of newspaper commentary and posts on Twitter and YouTube. Two case studies are considered (the Boston Marathon bombing and the Woolwich murder), representing crimes tried in domestic criminal courts. These are compared with one case study of an international crime (allegations against Gaddafi’s tactics during the Libyan civil war to consider the impact of social media on international criminal trials. Through this analysis this thesis identifies some pressure points where social media “evidence”, supplemented by crime news commentary could facilitate another change in the role of the defendant, through the erosion of the presumption of innocence

Changes in Received Pronunciation: Diachronic Case Studies

This paper sets out to investigate changes and individual irregularities in the Received Pronunciation of a number of individuals over time and to compare them with the changes noted in contemporary RP in the literature. The aim of the study is to ascertain whether accent change affects individuals during their lifetimes or is only brought about by new generations of speakers accepting different pronunciations as the norm and effectively speaking with a different accent to older generations within their social circle. The variations/changes looked for were: CLOTH transfer, CURE lowering, GOAT allophony, R-sandhi, and T-voicing. The procedure of the study was to identify the presence or absence of these features in the speech of certain individuals in recordings made over a period of at least 35 years. The individuals studied were: Her Majesty Queen Elizabeth II, Baroness Thatcher, Sir David Attenborough and David Dimbleby. The results of these comparisons suggest that individual speakers are not greatly affected by changes in pronunciation taking place around them and generally stay with the preferred pronunciation of their youth. There are, however, cases where a general uncertainty amongst speakers of the accent, here found in CURE lowering, does influence the speech of individuals over time

Metodologías ágiles y desarrollo basado en conocimiento

Este trabajo busca realizar una investigación bibliográfica tendiente a exponer los fundamentos de diferentes metodologías ágiles propuestas para el desarrollo de sistemas y también realizar paralelamente una recopilación bibliográfica sobre el desarrollo basado en conocimiento. El trabajo se divide en dos partes principales, una Primera Parte donde se plantean las metodologías ágiles y una Segunda Parte donde se describe el Desarrollo basado en Conocimiento. Dentro de la primera parte se presenta un marco teórico de las Metodologías ágiles en general, su razón de ser, el manifiesto ágil para posteriormente adentrarse en diferentes metodologías ágiles. La segunda parte contiene un marco teórico de este tipo de desarrollo y luego se describe la herramienta actual que brinda este tipo de desarrollo y una futura herramienta que está siendo desarrollada. El trabajo finaliza con unas conclusiones breves de lo aprendido e investigado y se plantean líneas futuras de investigación.Facultad de Informátic

Desarrollo basado en conocimiento siguiendo prácticas ágiles

Este trabajo busca poder elaborar una propuesta de prácticas ágiles para el desarrollo basado en Conocimiento, que pueda enriquecer la forma de trabajar con esta última metodología. Para ello se plantea en primer lugar, realizar una investigación bibliográfica tendiente a exponer los fundamentos de diferentes metodologías ágiles propuestas para el desarrollo de sistemas y también realizar paralelamente una recopilación bibliográfica sobre el desarrollo basado en conocimiento. Posteriormente, realizar un relevamiento en Salta Capital tanto en empresas públicas como privadas en sus procesos de desarrollo trabajando con desarrollo basado en conocimiento y realizar un análisis de campo de la información recolectada para elaborar una propuesta de prácticas ágiles para estas organizaciones.Facultad de Informátic