Juries and Crime Labs: Correcting the Weak Links in the DNA Chain

1998 ◽  
Vol 24 (2-3) ◽  
pp. 345-363
Author(s):  
Ryan McDonald

After a decade of courtroom battles and heated academic debate, the United States has entered an age where the scientific validity of deoxyribonucleic acid (DNA) evidence is not subject to serious dispute. The problem with DNA evidence is no longer one of validity, but one of proficiency. Two confounding variables in the DNA testing process weaken and often destroy DNA's powerfulness and usefulness in the courtroom: crime labs and juries.This Note proposes new and stringent standards for the admissibility of DNA evidence. The admissibility of forensic DNA evidence must be conditioned on its examination by a crime lab governed by uniform national standards. Such governing national standards must encompass every aspect of the forensic process, from chain of custody to DNA testing procedures, in order to ensure the reliability of DNA evidence. Implementing such a comprehensive national standard, however, only represents a first step toward solving the problem of DNA evidence in the courtroom. This step, however, fails to address the second problem facing the effective use of DNA in courtrooms: juries.

Author(s):  
Jas Devgun ◽  
Harold Peterson ◽  
Cheryl Trottier

A number of initiatives have been underway in the United States in the past several years in the area of clearance of solid materials both at the federal level and at the industry and professional society level. Clearance of solid materials is an issue that has significant economic consequences for decommissioning projects where large quantities of such materials are generated. The cost of treating these materials as low-level radioactive waste (LLW) is prohibitive. A regulatory mechanism could remove economic burdens on such projects while maintaining the public health and safety standards. At the federal level major initiatives are being undertaken by the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Department of Energy (DOE). The U.S. Environmental Protection Agency (EPA) has also taken some steps in this area under their Clean Materials Program. In the private sector, the nuclear industry is active through the Nuclear Energy Institute (NEI). The Health Physics Society (HPS) prepared the ANSI/HPS N13.12 standard about four years ago, which has been approved by the American National Standards Institute (ANSI). The American Nuclear Society (ANS) has recently released a Position Statement on the clearance of licensed materials from nuclear sites and the Society has been active in the national deliberations on this subject. The National Academies (NA) conducted a study for the NRC on alternatives for controlling the release of solid materials and their report was issued in 2002. The steel and concrete industries have also participated in the NRC rulemaking process and are opposed to any release standards for materials that may have residual radioactivity on them. This was clear from industry representatives at the stakeholder workshops conducted by the NRC as a part of the enhanced rulemaking effort. A review of all these initiatives shows the intensity of the debate but it also highlights the need for one national standard, preferably dose based, thus allowing site-specific application through derived radioactivity limits. Thus, interagency cooperation and agreement are necessary at the federal level. Consensus is necessary with standard writing organizations, professional societies, public and other stakeholders. This paper provides an overview of the developments in the United States in the area of clearance of solid materials, a brief comparison to international activities, and a discussion of key points for consensus building that is necessary for any initiative to succeed.


2020 ◽  
Vol 46 (2) ◽  
pp. 67-83
Author(s):  
John Ball ◽  
Shane Vosberg ◽  
Timothy Walsh

The objective of this study was to identify and quantify the hazards present during arboricultural operations. The Occupational Safety and Health Administration Fatality and Catastrophe incident database and other Bureau of Labor Statistic sources were analyzed for arboricultural operation incidents within the 17-year period from 2001 through 2017. There were 865 fatal and 441 nonfatal incidents reviewed from this period. The leading four fatal incidents, from the largest to the smallest number of fatalities, were climber falls, workers struck by a falling tree, workers making indirect contact with an electric current, and workers struck by a falling branch. Climber falls were also the leading incident for severe nonfatal injuries, followed by ground workers struck by a falling branch, workers struck by a chain saw, and falls by aerial device operators. The American National Standards Institute Z133 American National Standard for Arboricultural Operations—Safety Requirements establishes safety requirements and recommendations for arboricultural operations in the United States. It addresses common hazard sources and has guidelines to avoid, eliminate, or reduce them. Safety training programs should emphasize the most common hazard sources for fatal and nonfatal incidents and follow the ANSI Z.


2003 ◽  
Vol 79 (6) ◽  
pp. 1060-1066
Author(s):  
Peter J Johnson ◽  
Teresa M Borgiel

A growing number of national and international buyers are now specifying "certified" forest products in their procurement policies. In response, the Canadian Standards Association (CSA) has worked with a diverse range of stakeholders interested in Sustainable Forest Management in Canada to develop CSA's Sustainable Forest Management (SFM) Program. CSA's SFM Program consists of four distinct, yet inter-related components: CAN/CSA Z809, Canada's National Standard for Sustainable Forest Management; chain of custody for forest products; product marking with CSA International's SFM Mark; and, CSA International's Forest Products Group. When these components are combined they provide a comprehensive, credible, and affordable forest certification and product-marking program. The list of organizations accepting forest products certified through the CSA SFM Program is growing within Canada, the United States and abroad. Key words: Canadian Standards Association (CSA), forest certification, certified forest products, chain of custody, product marking, criteria and indicators.


Author(s):  
Mary Donnelly ◽  
Jessica Berg

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.


Author(s):  
Antonio Maria D’Altri ◽  
Francesco Cannizzaro ◽  
Massimo Petracca ◽  
Diego Alejandro Talledo

AbstractIn this paper, a simple and practitioners-friendly calibration strategy to consistently link target panel-scale mechanical properties (that can be found in national standards) to model material-scale mechanical properties is presented. Simple masonry panel geometries, with various boundary conditions, are utilized to test numerical models and calibrate their mechanical properties. The calibration is successfully conducted through five different numerical models (most of them available in commercial software packages) suitable for nonlinear modelling of masonry structures, using nonlinear static analyses. Firstly, the panel stiffness calibration is performed, focusing the attention to the shear stiffness. Secondly, the panel strength calibration is conducted for several axial load ratios by attempts using as reference the target panel strength deduced by well-known analytical strength criteria. The results in terms of panel strength for the five different models show that this calibration strategy appears effective in obtaining model properties coherent with Italian National Standard and Eurocode. Open issues remain for the calibration of the post-peak response of masonry panels, which still appears highly conventional in the standards.


1985 ◽  
Vol 29 (10) ◽  
pp. 987-987 ◽  
Author(s):  
Gene Lynch

The American National Standard for Human Factors Engineering of Visual Display Terminal Workstations, the first standard sponsored by the Human Factors Society, is in the final stages of acceptance as an American National Standard. This standard addresses the physical and perceptual aspects of the visual display terminal workstation as used in text processing, data entry, and data inquiry. Standards take on many different forms and fill a variety of needs. Basically a standard provides a reference. Some standards are written so that two systems may be designed to complement each other or fit together. Lightbulbs and fixtures designed to the same standard will work together. In the case of human factors standards one half of the system is already designed, the human. The variety of the design of this part of the system requires that human factors standards identify the parameters to be considered and the corresponding measurement methods needed to insure that the equipment is designed to fit the individual human. A good solution needs to be based on the particular set of circumstances at hand. The voluntary standards method, known as the American National Standards, provides a vehicle for specifying the appropriate parameters and measurement methods while incorporating the necessary flexibility required to insure good designs for individuals. The purpose of this panel session is to provide the society with an interactive session with representatives of the standards drafting committee. A brief history of the committee and its activities will be presented. The panelists will then describe the approach taken in each of the major sections, the mandatory requirements, and the elements the panelists consider to be of particular interest


2014 ◽  
Vol 1073-1076 ◽  
pp. 562-566
Author(s):  
Zhe Min Li

This paper summarized the measure methods which include both Chinese national standards and international standards of how to determine the concentration of Non-methane Hydrocarbons (NMHC).Some problems and suggestions were discussed in this paper to improve the level of the measure methods and prompt the establishment of relative Chinese national standard.


Cancer ◽  
2002 ◽  
Vol 96 (1) ◽  
pp. 14-20 ◽  
Author(s):  
David R. Scott ◽  
Bjorn Hagmar ◽  
Peter Maddox ◽  
Anders Hjerpe ◽  
Joakim Dillner ◽  
...  

2020 ◽  
Vol 75 (1) ◽  
pp. 42-55
Author(s):  
Ірина Василівна Борисенко ◽  
Оксана Павлівна Биконя ◽  
Ольга Олександрівна Рембач ◽  
Лариса Петрівна Шумна ◽  
Олександр Іванович Олійник ◽  
...  

The study was formulated within the context of an increasing recognition of ICT as curriculum priorities in primary schools of many European countries. The implementation of ICT-centered curriculum is a step towards realizing the goals of the new Law of Ukraine “On Education” (2017), National Strategy for the Development of Education in Ukraine until 2021, European strategic programme “Education and Training 2020”. Actuality of approaches to ICT implementation in present-day primary schools is caused by the substantial development of digital technologies and requirement of digital literacy for people’s work, social, and personal lives. The unique opportunity of primary education as a large sub-sector of any education system is to contribute to the renewal of societies through education of the young. The paper aims to study implementation of Computer science into national standard of primary education in Ukraine and the UK. In the recent years, many European countries have seen some changes of the content one of which relates to the area of computer science education that resulted in implementing an ambitious new curriculum in this subject. The author gives a comparative analysis of primary ICT within national standards in term of the Computer science development from the initial stage to present day situation. The comparative analysis specifies areas of similarities (aims, objectives, approaches to implementation, priorities of developing digital skills, teaching hours) and differences (programme topics, characterization of learning outcomes) in the study of ICT covering the subject content, expected learning results and general principles of ICT in education, as well as examples of ICT implementation. The paper is also focused at discussing the role of the ICT curriculum in modern-day primary classroom; advantages and disadvantages of ICT integration at primary stage. Much attention is paid to how it is integrated into daily learning modes to allow and encourage active learning. In primary education there are two main models of ICT implementation into curriculum, these are: ICT integrated across the curriculum; ICT (or Informatics, Computer Science and Computing) as a discrete subject within national standard.


Author(s):  
Mykola Onishuk

The article reveals the peculiarities of establishment and institutional development of National school of judges of Ukraine (NSJU) as an institution with a special status in the judicial system. The paper discusses main methodological principles for initial and periodical training of judges, as well as special training of candidates for the position of judge, which are defined in the Concept of National Standards for Judicial Education, approved by NSJU as a special document. According to the values which are declared in the document the main scope of judicial education is not only giving knowledge but also special skills development. It is the reason for implementing of interactive approaches to the learning process. The institution aims to integrate digital innovations into judicial education. It is the digitization of judicial education that will allow NSJU to move to the identification of individual educational needs of the judge and the formation of personalized training programs. Distance learning as a form of periodic training of judges plays a significant role in the development of judicial education. This form of training makes educational process flexible and dynamic, creates an opportunity for each listener, regardless of the level of court and judicial specialization, to work on the recommended personal schedule of the course. The article also deals with the specialties of initial training of candidates for the position of judge which is conducted in accordance with European standards for the organization of judicial educational events. In addition to law courses, the focus of initial training is also on issues of judicial ethics and integrity, anti-corruption legislation, psychological adaptation to judicial activity, judicial discipline, litigation management and alternative dispute resolution, international and European law. Interactive trainings and internships for candidates for the position of judge are aimed to expand and deepen legal knowledge, as well as to develop judicial skills and understanding the social context of justice. It is declared in the article that NSJU has introduced the Judicial Education Assessment Methodology, which has become a criterion for the effectiveness of the School's activity as a judicial education institution and is an important element of improving of all components of the educational process. Key words:National School of Judges of Ukraine, judicial education, methods of judicial education, training of judges, special training of candidates for the position of judge. References Strategy for the Reform of the Judiciary, Judiciary and Related Legal Institutions for 2015-2020: Approved by Presidential Decree of May 20, 2015 No. 276/2015. URL: http://zakon.rada.gov.ua/laws/show/276/2015 [Ukr.]. On the Judiciary and the Status of the Court: Law of Ukraine in Ed. from 02.06.2016. URL: https://zakon.rada.gov.ua/laws/show/1402-19/ed20160602 [Ukr.]. The concept of national standard judicial educational institutions: Annex 5 to the NSAU Regulations, required order dated 24.06.2016 No. 34. URL: http://www.nsj.gov.ua/en/about/symbols/ [Ukr.]. NSJU Development Strategy for 2016-2020. URL: http://www.nsj.gov.ua/files/14676144821452070855%D0%A1%D1%82%D1%80%D0%B0%D1%82%D0%B5%D0%B3%D1% 96% D1% 8F_% D1% 80% D0% BE% Opinion No 4 (2003) Advisory Councils of the Council of the European Courts, with respect, Committee on the Activity and the Ministry of Justice at the national and European levels, dedicated to November 27, 2003. URL: https://court.gov.ua/inshe/mss/ [Ukr.].


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