The Nature and Consequences of the Plea of Nolo Contendere

The last session of the Nebraska legislature made available as a part of the criminal procedure of the state the plea of nolo contendere, or non vult. This was done by amending Section 29-1819 of the Nebraska Statutes to read as follows: If the issue on the plea in bar be found against the defendant, or if upon arraignment the accused offers no plea in bar, he shall plead guilty, not guilty, or nolo contendere; but if he pleads evasively or stands mute, he shall be taken to have pleaded not guilty. The accused may, at any time before conviction, enter a plea of nolo contendere with the consent of the court. The court may refuse to accept the plea, and shall not accept the plea without first determining that the plea is made voluntarily with an understanding of the nature of the charge. The plea of nolo contendere originated in England, although it has long since disappeared from the jurisprudence of that jurisdiction. The English judicial history of the plea seems to have been largely derivative from a statement in Hawkins\u27 Pleas of the Crown to the following effect: An implied confession is where a defendant in a case not capital doth not directly own himself guilty, but in a manner admits it by yielding to the King\u27s mercy, and desiring to submit to a small fine: in which case, if the court think fit to accept of such submission, and make an entry that the defendant posuit se in gratiam regis, without putting him to a direct confession, or plea (which in such cases seems to be left to discretion), the defendant shall not be estopped to plead not guilty in an action for the same fact, as he shall be where the entry is quod cognovit indictamentum

Rediscovering Quetelet, again : the “aging” offender and the prediction of reoffending in a sample of adult sex offenders

This study explored the role of age at release on the risk of reoffending using a sample of sex offenders. It examined whether the risk of reoffending, assessed using actuarial tools, should be adjusted according to the offender’s age at the time of release. The sample comprised 553 offenders, all of whom were consecutive admissions to a Canadian federal penitentiary. Scores on the Static-99 as well as age at release were included in successive nested prediction models using Cox-regression. Receiver operating characteristic (ROC) curves and Allison’s R 2 were computed to assess the predictive accuracy of the models and the strength of the association between the covariate measures of general and violent/sexual reoffending. Results showed that overall predictive accuracy observed across models was fair at best. Generally, age of onset and age at release improved the prediction accuracy over and above the scores on the Static-99. In fact, by itself, age at release showed a predictive accuracy comparable to that of the actuarial tool. The results suggest that risk assessors should adjust the risk of reoffending based on the offender’s age at release. The implications of this study are discussed in light of the age–crime curve literature and the risk management of sex offenders in the community

Should Robots Blush?

Social interaction is the most complex challenge in daily life. Inevitably, social robots will encounter interactions that are outside their competence. This raises a basic design question: how can robots fail gracefully in social interaction? The characteristic human response to social failure is embarrassment. Usefully, embarrassment signals both recognition of a problem and typically enlists sympathy and assistance to resolve it. This could enhance robot acceptability and provides an opportunity for interactive learning. Using a speculative design approach we explore how, when and why robots might communicate embarrassment. A series of specially developed cultural probes, scenario development and low-fidelity prototyping exercises suggest that: embarrassment is relevant for managing a diverse range of social scenarios, impacts on both humanoid and non-humanoid robot design, and highlights the critical importance of understanding interactional context. We conclude that embarrassment is fundamental to competent social functioning and provides a potentially fertile area for interaction design

E Pluribus Unum: An Evaluation of Student Engagement and Learning in the College Marching Band

Thesis advisor: Karen ArnoldStudent engagement has been associated with a range of desirable outcomes in the undergraduate experience (Astin, 1993, Pascarella & Terenzini, 2005) and music participation has been shown to facilitate important personal and social development among its participants (Hallam, 2010). Despite this, no study has been conducted to evaluate the potential benefits of participation in one of the largest and most visible student organizations on campus: the college marching band. The purpose of this quantitative evaluation was to determine whether marching band students express distinctive patterns of engagement within their respective communities as compared with their non-band peers. Items and scales from the National Survey of Student Engagement (NSSE) were administered to marching band members (n=1,882) at 20 participating universities with National Collegiate Athletic Association (NCAA) Division-I football programs. Data were compared with a sample of general undergraduate (non-band) responses (n=6,095) from the same institutions provided by the NSSE Institute. Findings suggested that band students are more engaged with diverse peers along racial, ethnic, political, ideological, and religious lines (p<.01; Cohen’s d=0.26) and they are more reflective in their learning as evident in their willingness to imagine another’s perspective and reevaluate their own views (p<.01; Cohen’s d=0.19). Compared with non-band peers, marching band members indicated greater personal social responsibility on an array of vectors (p<.01; Cohen’s d=0.36) including: developing a personal code of values and ethics, understanding people of other racial and ethnic backgrounds, understanding themselves, learning effectively on their own, voting in local or national elections, contributing to the welfare of their community, and solving complex real-world problems. After controlling for a range of pre-college and co-existing variables, marching band membership remained the strongest predictor of these desirable outcomes (β=0.172, p<.01).Thesis (PhD) — Boston College, 2016.Submitted to: Boston College. Lynch School of Education.Discipline: Educational Leadership and Higher Education

The Winning National Moot Court Brief

The Nebraska Law Review is proud to reproduce here the winning brief of the Seventh Annual National Moot Court Competition submitted by a three-member team representing the University of Nebraska College of Law. To retain that value which may be gained from the brief as a style guide for other collegiate teams in moot court competitions and for the practicing lawyer, the brief is published as it appeared in the final round of competition, rather than in the newly adopted format and typographical style of the Nebraska Law Review. More important, the substance of the brief deals with a perplexing problem of the criminal law-the defense of insanity. The brief is of course a document advocating one side of the issue. The following brief summary of the legal issue raised is included to place the brief in its proper context

The Winning National Moot Court Brief

The Nebraska Law Review is proud to reproduce here the winning brief of the Seventh Annual National Moot Court Competition submitted by a three-member team representing the University of Nebraska College of Law. To retain that value which may be gained from the brief as a style guide for other collegiate teams in moot court competitions and for the practicing lawyer, the brief is published as it appeared in the final round of competition, rather than in the newly adopted format and typographical style of the Nebraska Law Review. More important, the substance of the brief deals with a perplexing problem of the criminal law-the defense of insanity. The brief is of course a document advocating one side of the issue. The following brief summary of the legal issue raised is included to place the brief in its proper context

Estimating Survival in Patients with Operable Skeletal Metastases: An Application of a Bayesian Belief Network

BACKGROUND: Accurate estimations of life expectancy are important in the management of patients with metastatic cancer affecting the extremities, and help set patient, family, and physician expectations. Clinically, the decision whether to operate on patients with skeletal metastases, as well as the choice of surgical procedure, are predicated on an individual patient's estimated survival. Currently, there are no reliable methods for estimating survival in this patient population. Bayesian classification, which includes bayesian belief network (BBN) modeling, is a statistical method that explores conditional, probabilistic relationships between variables to estimate the likelihood of an outcome using observed data. Thus, BBN models are being used with increasing frequency in a variety of diagnoses to codify complex clinical data into prognostic models. The purpose of this study was to determine the feasibility of developing bayesian classifiers to estimate survival in patients undergoing surgery for metastases of the axial and appendicular skeleton. METHODS: We searched an institution-owned patient management database for all patients who underwent surgery for skeletal metastases between 1999 and 2003. We then developed and trained a machine-learned BBN model to estimate survival in months using candidate features based on historical data. Ten-fold cross-validation and receiver operating characteristic (ROC) curve analysis were performed to evaluate the BNN model's accuracy and robustness. RESULTS: A total of 189 consecutive patients were included. First-degree predictors of survival differed between the 3-month and 12-month models. Following cross validation, the area under the ROC curve was 0.85 (95% CI: 0.80-0.93) for 3-month probability of survival and 0.83 (95% CI: 0.77-0.90) for 12-month probability of survival. CONCLUSIONS: A robust, accurate, probabilistic naïve BBN model was successfully developed using observed clinical data to estimate individualized survival in patients with operable skeletal metastases. This method warrants further development and must be externally validated in other patient populations

Endemic trees in a tropical biodiversity hotspot imperilled by an invasive tree

Non-native plants invade some tropical forests but there are few long-term studies of these invasions, and the consequences for plant richness and diversity are unclear. Repeated measurements of permanent plots in tropical montane rain forests in the Blue and John Crow Mountains National Park in Jamaica over 24 to 40 years coincided with invasion by a non-native tree, Pittosporum undulatum. By 2014, P. undulatum comprised, on average, 11.9% of stems ≥ 3 cm diameter and 10.4% of the basal area across 16 widespread plots within c. 250 ha of the forests. Across these plots, the more P. undulatum increased in basal area over 24 years, the greater the decline in local, plot-scale tree species richness, and the greater the reduction in the percentage of stems of endemic tree species. Plot-scale tree diversity (Shannon and Fisher\u27s alpha) also declined the more P. undulatum basal area increased, but beta diversity across the plots was not reduced. Declines in local-scale tree species diversity and richness as the invasion progresses is especially concerning because Jamaica is a global biodiversity hotspot. Native birds disperse P. undulatum seeds widely, and future hurricanes will probably further increase its invasion by reducing canopy cover and therefore promoting growth rates of its established shade-tolerant seedlings. Remedial action is needed now to identify forest communities with greatest endemism, and to protect them through a continuing programme of control and removal of P. undulatum