The Long Arm of the Law

2019 ◽  
pp. 163-182
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts
Keyword(s):  
Public Opinion ◽  
Criminal History ◽  
Look Back ◽  
The Law ◽  
The Look

This chapter examines the question of whether and when prior convictions from many years past should no longer be considered at sentencing. The chapter first surveys the varying “look-back” and crime-free “gap” rules found in American guidelines systems, noting that many jurisdictions have no look-back limits for some or all offenders. This discussion also examines the question of when the look-back “clock” starts to run, in applying each of the existing rules—that date could be as early as the date of the prior sentencing, or as late as discharge from probation or parole. The chapter then considers the ways in which different approaches to look-back relate to the punishment rationales—offender risk and culpability—that are thought to justify criminal history enhancements. It also presents a summary of recent research surveying public opinion about the desirability and formulation of look-back limits. The chapter concludes with proposals to limit look-back.

The Law of Martial Rule

1928 ◽  
Vol 22 (3) ◽  
pp. 591-616
Author(s):  
Charles Fairman
Keyword(s):  
Public Opinion ◽  
Martial Law ◽  
General Belief ◽  
Military Tribunal ◽  
The Law ◽  
The Military ◽  
The Way

It is not in the least unusual, in newspaper accounts of a strike, riot, flood, or fire, to read that the governor has proclaimed martial law and summoned the militia to the threatened zone. However exaggerated such reports may be, they are evidence of a general belief that there exists some mysterious “martial law” which, when proclaimed, augments the powers of soldiers and paves the way for heroic measures. Nor are these notions wholly fanciful. For such a proclamation may indeed be followed by an extraordinary régime in which the military authority will issue regulations for the conduct of the civil population, troops may be called upon to take life, and perhaps the individuals accused of fomenting trouble will be held without authority of a court, or in some cases may even be tried by a military tribunal. Quite likely these severe measures will receive the approval of public opinion. Yet it is surprising that a people ordinarily rather legalistic should have evinced so little disposition to inquire what rules of law, if any, govern the exercise of these military powers. To answering that unasked query the present study is addressed.

COVID-19 și posibilele apărări în dreptul internațional: ar putea forța majoră și schimbarea fundamentetnală a circumstanțelor să justifice neexecutarea obligațiilor internaționale?

2020 ◽  
Vol 2020 (2020) ◽  
pp. 186-202
Author(s):  
Ion GÂLEA ◽  
Keyword(s):  
Public Opinion ◽  
International Law ◽  
Common Sense ◽  
Prima Facie ◽  
Fundamental Change ◽  
The Public ◽  
Force Majeure ◽  
International Obligations ◽  
International Responsibility ◽  
The Law

The study examines possible defences that States could invoke in order to justify or excuse measures designed to respond to the COVID-19 crisis, which prima facie might not be in conformity with certain international obligations. The study examines only defences available in general international law – beside certain exceptions that might be provided by the clauses of the respective treaties. Two grounds for suspending international obligations, stemming from the law of treaties – impossibility of performance and rebus sic stantibus – and three circumstances precluding wrongfulness, stemming from the law of international responsibility – force majeure, distress and state of necessity – are subject to examination. The study argues that, even if “common sense” might draw the public opinion towards the plausibility of invoking force majeure, impossibility of performance or fundamental change of circumstances, such a conclusion does not reflect general international law. In reality, the “best candidate” as a justification or excuse is distress, while the “second best candidate” might be represented by the state of necessity.

Equal Rights and Unequal People

2017 ◽  
Author(s):  
Richard D. Brown
Keyword(s):  
Public Opinion ◽  
Social Class ◽  
Equal Opportunity ◽  
Equal Treatment ◽  
Equal Rights ◽  
Criminal Trials ◽  
The Law ◽  
And Gender ◽  
The Ideal

Though Americans have favored the idea of equal rights and equal opportunity, they recognize that differences in wealth and social advantage, like differences in ability and appearance, influence the realization, or not, of equal rights, including equality before the law. In the generations after 1776 the rights of creditors, for example, often overrode the rights of debtors. And criminal trials demonstrate that in courtrooms equal treatment was most often achieved when defendant and victim came from the same social class. Otherwise if they came from different classes social realities, including ethnicity, color, and gender could shape court officials and public opinion. And when a woman’s sexual virtue was compromised, her credibility was almost always discounted. In principle officials paid homage to the ideal of equality before the law, but in practice unequal rights often prevailed.

scholarly journals Conflict-Directed Backjumping Revisited

2001 ◽  
Vol 14 ◽  
pp. 53-81 ◽  
Author(s):  
X. Chen ◽  
P. Van Beek
Keyword(s):  
Constraint Satisfaction Problems ◽  
Local Consistency ◽  
Backtracking Search ◽  
Arc Consistency ◽  
Look Ahead ◽  
Variable Ordering ◽  
Look Back ◽  
The Look ◽  
The Relationship ◽  
Theoretical Results

In recent years, many improvements to backtracking algorithms for solving constraint satisfaction problems have been proposed. The techniques for improving backtracking algorithms can be conveniently classified as look-ahead schemes and look-back schemes. Unfortunately, look-ahead and look-back schemes are not entirely orthogonal as it has been observed empirically that the enhancement of look-ahead techniques is sometimes counterproductive to the effects of look-back techniques. In this paper, we focus on the relationship between the two most important look-ahead techniques---using a variable ordering heuristic and maintaining a level of local consistency during the backtracking search---and the look-back technique of conflict-directed backjumping (CBJ). We show that there exists a ``perfect'' dynamic variable ordering such that CBJ becomes redundant. We also show theoretically that as the level of local consistency that is maintained in the backtracking search is increased, the less that backjumping will be an improvement. Our theoretical results partially explain why a backtracking algorithm doing more in the look-ahead phase cannot benefit more from the backjumping look-back scheme. Finally, we show empirically that adding CBJ to a backtracking algorithm that maintains generalized arc consistency (GAC), an algorithm that we refer to as GAC-CBJ, can still provide orders of magnitude speedups. Our empirical results contrast with Bessiere and Regin's conclusion (1996) that CBJ is useless to an algorithm that maintains arc consistency.

Crime and Punishment

1901 ◽  
Vol 47 (198) ◽  
pp. 638-639
Keyword(s):  
Nineteenth Century ◽  
Public Opinion ◽  
Crime And Punishment ◽  
The Law ◽  
Real Danger

Dr. Robert Anderson, the Assistant Commissioner of Police in London, has written an article in the Nineteenth Century for February on “Our Absurd System of Punishing Crime.” He finds that there is an increase in “professional” crime which might be suppressed, and ought to be dealt with in a more intelligent way than at present. Dr. Anderson is of opinion that this real danger to the Commonwealth is mainly due to the lenient sentences which have become the rule consequent on the decrease of ordinary crime. In effect, he concludes that professional criminals should be deprived of the liberty they abuse, even for life. It is evident that the free discussion of these problems must precede any such changes in the law as Dr. Anderson and others advocate, and we trust that our Association will take its part in guiding public opinion on questions of such importance to the nation.

The value of online surveys: a look back and a look ahead

2018 ◽  
Vol 28 (4) ◽  
pp. 854-887 ◽  
Author(s):  
Joel R. Evans ◽  
Anil Mathur
Keyword(s):  
Survey Research ◽  
Online Survey ◽  
New Technologies ◽  
Actual Behavior ◽  
Online Surveys ◽  
Content Type ◽  
Look Ahead ◽  
Look Back ◽  
The Future ◽  
The Look

Purpose The purpose of this paper is to present a detailed and critical look at the evolution of online survey research since Evans and Mathur’s (2005) article on the value of online surveys. At that time, online survey research was in its early stages. Also covered are the present and future states of online research. Many conclusions and recommendations are presented. Design/methodology/approach The look back focuses on online surveys, strengths and weaknesses of online surveys, the literature on several aspects of online surveys and online survey best practices. The look ahead focuses on emerging survey technologies and methodologies, and new non-survey technologies and methodologies. Conclusions and recommendations are provided. Findings Online survey research is used more frequently and better accepted by researchers than in 2005. Yet, survey techniques are still regularly transformed by new technologies. Non-survey digital research is also more prominent than in 2005 and can better track actual behavior than surveys can. Hybrid surveys will be widespread in the future. Practical implications The paper aims to provide insights for researchers with different levels of online survey experience. And both academics and practitioners should gain insights. Social implications Adhering to a strong ethics code is vital to gain respondents’ trust and to produce valid results. Originality/value Conclusions and recommendations are offered in these specific areas: defining concepts, understanding the future role of surveys, developing and implementing surveys and a survey code of ethics. The literature review cites more than 200 sources.

Recent Decisions Affecting the Law of Life Assurance

1938 ◽  
Vol 69 (2) ◽  
pp. 106-135
Author(s):  
Sydney Henry Levine
Keyword(s):  
Public Opinion ◽  
Good Reason ◽  
Legal Decisions ◽  
The Public ◽  
Life Assurance ◽  
Gradual Development ◽  
The Law

I should like to say first that I am extremely sensible of and greatly appreciate the honour that the Institute has done me by inviting me to submit this paper. In writing it I have felt throughout the difficulty that arises from the very different approach which a lawyer makes to legal decisions from that which an actuary may be expected to make. Cases interest me because of the niceties of construction they involve or of their subtle distinctions from other cases, or again because they mark the gradual development of the judicial mind in conformity with the public opinion of the preceding generation. To actuaries the interest of cases must primarily lie in their bearing on the practical problems of life assurance work. In discussing cases, therefore, I have felt that the reaction of readers will be sometimes that I have been labouring a decision that was obvious from the start, at others that the point at issue is obsolete because no company has had such a condition in its policies for the last ten years or for some equally good reason. Knowing next to nothing of life assurance practice, I have been unable to avoid this defect, and can only ask that it be excused.

Community Conflict, Public Opinion and the Law: The Amish Dispute in Iowa.

1970 ◽  
Vol 35 (5) ◽  
pp. 970
Author(s):  
Mary C. Sengstock ◽  
Harrell R. Rodgers
Keyword(s):  
Public Opinion ◽  
Community Conflict ◽  
The Law

Abortion and the Poor

2017 ◽  
Keyword(s):  
Public Opinion ◽  
Juvenile Court ◽  
Criminal Courts ◽  
The Poor ◽  
The Law ◽  
A Minor

Each year in France, a million women have abortions with no punishment.In practice, the law against abortion is widely repudiated by public opinion; it is so often disobeyed that the criminal courts choose to avoid it. However, on October 9, 1972, Marie-Claire C … went to court at Bobigny for having had an abortion—the juvenile court since she is a minor. Why this measure of exception? Was her “crime” more serious than that of the others?...

Some aspects of studying public opinion of the population of the Orel region of activities of the Department of Internal Affairs

2016 ◽  
Vol 11 (4) ◽  
pp. 46-53
Author(s):  
Гаврилин ◽  
Sergey Gavrilin
Keyword(s):  
Public Opinion ◽  
Law Enforcement ◽  
Data Structures ◽  
Professional Competence ◽  
Sociological Research ◽  
Administrative Practices ◽  
Immoral Behavior ◽  
The Law ◽  
Internal Affairs

The article presents the results of sociological research reflecting opinion of the citizens of the Orel region on the activities of the law-enforcement bodies. It is shown that the lack of professional competence, immoral behavior of workers, the violation of laws by them, indifference to people, poor culture of communication reduce the credibility of law-enforcement bodies. It is determined that the inclusion of public opinion in the system of adjustments of the administrative practices of the law-enforcement bodies is aimed at increasing the credibility of the data structures among the population. Some recommendations to increase the level of population confidence of the region to the law-enforcement bodies are suggested.

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