2,599 research outputs found

    Balancing fairness to victims, society and defendants in the cross-examination of vulnerable witnesses: an impossible triangulation?

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    This article argues that direct cross-examination of vulnerable witnesses should be removed from Australian trials, to reduce any illegitimate advantage to the defendant. Abstract Cross-examination is fundamental to the adversarial criminal trial. However, when children and witnesses with an intellectual disability are cross-examined, it can lead to unreliable evidence and further trauma to the victim. Various reforms in Australian jurisdictions, England and elsewhere have had only limited practical effect as they fail to address the underlying problems that arise from the adversarial system itself. While any changes must maintain a defendant’s vital right to a fair trial, the current criminal trial may allow defendants an illegitimate advantage. Fairness to the defendant, victim and society can and must be balanced. In order to reduce any illegitimate advantage, direct cross-examination should be removed. Instead, cross-examination should be conducted in advance of trial by a suitable third party and video-recorded. A similar process is used in Norway. A wholesale transformation into an inquisitorial system is not required for the benefits of non-adversarial examination to be achieved

    Detailed chemical abundance analysis of the thick disk star cluster Gaia 1

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    Star clusters, particularly those objects in the disk-bulge-halo interface are as of yet poorly charted, albeit carrying important information about the formation and the structure of the Milky Way. Here, we present a detailed chemical abundance study of the recently discovered object Gaia 1. Photometry has previously suggested it as an intermediate-age, moderately metal-rich system, although the exact values for its age and metallicity remained ambiguous in the literature. We measured detailed chemical abundances of 14 elements in four red giant members, from high-resolution (R=25000) spectra that firmly establish Gaia 1 as an object associated with the thick disk. The resulting mean Fe abundance is −0.62±-0.62\pm0.03(stat.)±\pm0.10(sys.) dex, which is more metal-poor than indicated by previous spectroscopy from the literature, but it is fully in line with values from isochrone fitting. We find that Gaia 1 is moderately enhanced in the α\alpha-elements, which allowed us to consolidate its membership with the thick disk via chemical tagging. The cluster's Fe-peak and neutron-capture elements are similar to those found across the metal-rich disks, where the latter indicate some level of ss-process activity. No significant spread in iron nor in other heavy elements was detected, whereas we find evidence of light-element variations in Na, Mg, and Al. Nonetheless, the traditional Na-O and Mg-Al (anti-)correlations, typically seen in old globular clusters, are not seen in our data. This confirms that Gaia 1 is rather a massive and luminous open cluster than a low-mass globular cluster. Finally, orbital computations of the target stars bolster our chemical findings of Gaia 1's present-day membership with the thick disk, even though it remains unclear, which mechanisms put it in that place.Comment: 11 pages, 11 figures, accepted for publication in Astronomy & Astrophysics. Some figure sizes reduce

    Data-Oblivious Stream Productivity

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    We are concerned with demonstrating productivity of specifications of infinite streams of data, based on orthogonal rewrite rules. In general, this property is undecidable, but for restricted formats computable sufficient conditions can be obtained. The usual analysis disregards the identity of data, thus leading to approaches that we call data-oblivious. We present a method that is provably optimal among all such data-oblivious approaches. This means that in order to improve on the algorithm in this paper one has to proceed in a data-aware fashion

    Playing Reindeer Games: Native Alaskans and the Federal Trust Doctrine

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    The Reindeer Industry Act of 1937 established a de facto Native Alaskan monopoly in the reindeer industry as a means of subsistence that would allow Native Alaskans to remain self-sufficient and continue to practice their traditional customs. In 1997, the Ninth Circuit held that the Reindeer Act did not preclude nonNatives from owning and selling reindeer, thereby opening the reindeer industry up to non-Natives. The unique Native Alaskan culture of the Seward Peninsula, which depends upon the reindeer industry, is in jeopardy as a result of competition it now faces from non-Natives. The federal government has a fiduciary obligation to protect the cultural welfare of Native Alaskans as a result of the trust relationship that exists between the federal government and Native Americans. The federal government has yet to take action to fulfill that fiduciary obligation to the Native Alaskan reindeer herders of the Seward Peninsula
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