Prosecutors and Trials

2021 ◽  
pp. 116-152
Author(s):  
Alexander Heinze
Keyword(s):  
The United States ◽  
Multiple Roles ◽  
Legal Systems ◽  
Ethical Perspective ◽  
Related Factors ◽  
Procedural Models ◽  
Opening Stage ◽  
Normative Foundations ◽  
Trial Phase

This chapter captures the role of the prosecutor or an equivalent authority during the trial phase. The object of the analysis—the trial phase—is generally divided into the following stages: opening stage, presentation of evidence, closing stage, and judgment/sentence. In exceptional cases, the stage of jury selection is added. The perspective of the analysis is twofold: in the first half of the chapter, the prosecutor’s role at these stages is described from a normative perspective. Here, the stages mentioned are broken down into selected prosecutorial measures and procedural facets in various legal systems and procedural models. The legal systems and procedural models analyzed have been chosen to represent either the common law tradition (the United States, England, and Wales) or civil law tradition (Germany and France). In the second part of the chapter, the prosecutor’s role is analyzed from an ethical perspective. It displays both the features and normative foundations of prosecutorial ethics and describes certain types of prosecutorial misconduct that may occur in the previously mentioned stages of a trial. The findings and observations of the chapter are combined in a conclusion at the end of the chapter. Upon identifying the multiple roles of the prosecutor at trial, the chapter proves that prosecutorial work at trial is influenced by two role-related factors: role duality and role ambiguity.

Law Struggles, Lawmaking, and the Politics of Hegemony in Neoliberal India

2017 ◽  
Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen
Keyword(s):  
United States ◽  
The United States ◽  
Land Acquisition ◽  
Ethical Perspective ◽  
Judicial Decisions ◽  
Fair Compensation ◽  
The Right ◽  
Neoliberal India ◽  
Land Question

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.

Preliminary Investigation into the Role of Physiotherapists in Disaster Response

2007 ◽  
Vol 22 (5) ◽  
pp. 462-465 ◽  
Author(s):  
Rosalind M. Harrison
Keyword(s):  
Disaster Response ◽  
Potential Role ◽  
Preliminary Investigation ◽  
The United States ◽  
Multiple Roles ◽  
Burn Patients ◽  
Telephone Interviews ◽  
Governmental Organizations ◽  
Non Governmental Organizations

AbstractIntroduction:Increasingly, disasters and disaster response have become prominent issues in recent years. Despite their involvement, there have been almost no investigations into the roles of physiotherapists in emergency disaster responses.Additionally, physiotherapists are not employed in emergency disaster response by many of the principal non-governmental organizations supplying such care, although they are included in military responses in the United States and United Kingdom, and in Disaster Medical Assistance Teams in the US.This paper, based on a small qualitative study, focuses on the potential role and nature of input of physiotherapists in disaster response.Methods:A qualitative approach was chosen due to the emergent nature of the phenomenon. Four physiotherapists, all of whom had been involved in some type of disaster response, agreed to participate. Semi-structured telephone interviews were used to explore participants' experiences following disaster response, and to gain ideas about future roles for physiotherapists. Interviews were recorded, transcribed, and later analyzed using coding and categorization of data.Results:Four main themes emerged: (1) descriptions of disasters; (2) current roles of the physiotherapist; (3) future roles of physiotherapists; and (4) overcoming barriers. Although all four physiotherapists had been ill-prepared for disaster response, they took on multiple roles, primarily in organization and treatment. However, participants identified several barriers to future involvement, including organizational and professional barriers, and gave suggestions for overcoming these.Conclusions:The participants had participated in disaster response, but in ill-defined roles, indicating a need for a greater understanding of disaster response among the physiotherapy community and by organizations supplying such care. The findings of this study have implications for such organizations in terms of employing skilled physiotherapists in order to improve disaster response. In future disasters, physiotherapy will be of benefit in treating and preventing rescue worker injury and treating musculoskeletal, critical, respiratory, and burn patients.

scholarly journals COMMON SENSE AND LINGUISTIC EXAMINATION IN DIFFERENT LEGAL SYSTEMS

2016 ◽  
pp. 214-219 ◽  
Author(s):  
A. D. Shmelev
Keyword(s):  
Common Law ◽  
Civil Law ◽  
United States Supreme Court ◽  
The United States ◽  
Linguistic Competence ◽  
National Language ◽  
Legal Systems ◽  
Federal Law ◽  
The Russian Federation

The paper discusses the role of linguistic examination in civil law and common law legal systems. It argues that while it is forensic linguistic expertise that often plays an important role in civil law systems, the lay people’s opinion is crucial in common law systems. It suggests that the best way to obtain adequate results for civil law systems (including the Russian legal system) is to combine the two approaches, that is, to make use of an expert linguistic analysis of the linguistic competence of lay speakers of the language in question. Various examples illustrate the point (among them the problems arising in civil suits of honor protection and business reputation defense as well as the famous “tomato case”, in which the United States Supreme Court addressed whether a tomato was classified as a fruit or a vegetable). In addition, the paper discusses vague wording and consequent difficulty of implementation of the “Federal Law on the National Language of the Russian Federation.”

scholarly journals Essential Role of Pharmacists in Asthma Care and Management

2020 ◽  
pp. 089719002092727
Author(s):  
Mary B. Bridgeman ◽  
Lori A. Wilken
Keyword(s):  
Airflow Obstruction ◽  
Bronchial Hyperresponsiveness ◽  
The United States ◽  
Chronic Respiratory Disease ◽  
Inhalation Technique ◽  
Clinical Expertise ◽  
Asthma Care ◽  
Related Factors ◽  
Reversible Airflow Obstruction

Asthma, a chronic respiratory disease characterized by chronic airway inflammation, bronchial hyperresponsiveness, and reversible airflow obstruction, poses a substantial economic burden on patients and caregivers alike. Moreover, the heterogeneous nature of the disease and the presence of various phenotypes make the treatment of asthma challenging and nuanced. Despite the availability of several approved pharmacological treatments, approximately half of patients with asthma in the United States experienced exacerbations in 2016, highlighting the need for effective add-on treatments. Furthermore, asthma control remains suboptimal due to low adherence to medications, poor inhaler technique, and several patient-related factors. Importantly, the primary care setting, in which pharmacists play an integral role, represents a critical environment for providing long-term follow-up care for the effective management of chronic diseases, such as asthma. Pharmacists are uniquely positioned to ensure optimal clinical outcomes in patients with asthma since they have the clinical expertise to educate patients on their disease state and the role of asthma medications, provide training on inhalation technique, address patients’ concerns about potential side effects of medications, and improve adherence to therapy. Therefore, in this review article, we discuss the overall role of pharmacists in effective asthma care and management.

Planning for End-User Substitution in Agribusiness

2020 ◽  
Vol 68 (4) ◽  
pp. 1000-1019
Author(s):  
Saurabh Bansal ◽  
James S. Dyer
Keyword(s):  
United States ◽  
Large Firm ◽  
Geographical Location ◽  
The United States ◽  
Product Substitution ◽  
End User ◽  
Related Factors ◽  
Substitutable Products

Saurabh Bansal and James S. Dyer study a common problem in the commercial agribusiness market, where farmers have a preference for a farm input such as a seed based on a fit with their geographical location but are also willing to accept a closely related substitute. Such consumer-driven choices may not be adequately represented by traditional models that maximize the profit of a firm that seeks to make substitutions while maximizing its profit. They use a set of recent results for evaluations of moments over polyhedra to determine the exact inventory levels a firm should keep of substitutable products. Using proprietary data from a large firm in this domain, they highlight the role of geographical and climate-related factors that affect product substitution in the agribusiness industry and identify specific regions in the United States where product substitution is a source of substantial revenue for firms.

Advocacy, Activism, and Policy Practice

2020 ◽  
pp. 229-240
Author(s):  
Marissa McCall Dodson
Keyword(s):  
Social Workers ◽  
The United States ◽  
Legal Systems ◽  
Policy Practice ◽  
Chattel Slavery ◽  
The People ◽  
Criminal Legal System ◽  
The 19Th Century ◽  
Policies And Practices

This chapter will discuss the role of social workers as activists in the pursuit of reforms to criminal legal system policies and practices, the disparities that social workers must advocate against, and the need to empower the people and communities most impacted by the issues. Disparity and injustice have been entrenched in criminal legal systems in the United States since chattel slavery ended at the end of the 19th century. Up until approximately 30 years ago, though, social workers were instrumental in the development of policies and practices that promoted fairness, dignity, and rehabilitation for impacted people and communities. While social workers in criminal legal systems have been on the decline for decades, the recent reforms of the last 15 years and the return to policies aimed at reducing incarceration and improving community-based treatment offer great opportunities for social work activists to reengage in advocacy efforts to improve these systems.

The Role of the Judiciary in Promoting the Right to a Clean Environment in Kuwait, Egypt and the United States

2020 ◽  
pp. 1-43
Author(s):  
Ahmad S. Al-Otaibi ◽  
John H. Minan
Keyword(s):  
United States ◽  
The United States ◽  
Legal Systems ◽  
Law System ◽  
Legal Provisions ◽  
Clean Environment ◽  
The Common ◽  
The Right ◽  
Shed Light

Abstract The judiciary has a very significant role to play in safeguarding the environment and promoting the right to a clean environment. This study focuses on the role of the judiciary in promoting the right to a clean environment, and, in this regard, will examine the Kuwaiti and Egyptian experience, as both legal systems are among the civil law practice. In addition, it is of importance to expand the study to a different legal practice, such as the common law system. Therefore, this research will also shed light on the role of the judiciary in the United States of America to establish a comparison between three different legal systems. In the course of this study, constitutional, administrative, and other legal provisions will be examined. In addition, significant cases of concern will be provided and discussed in a descriptive, analytical, and critical manner.

scholarly journals Assessment of Salmonella Prevalence in Lymph Nodes of U.S. and Mexican Cattle Presented for Slaughter in Texas

2019 ◽  
Vol 82 (2) ◽  
pp. 310-315 ◽  
Author(s):  
KATHRYN J. NICKELSON ◽  
T. MATTHEW TAYLOR ◽  
DAVEY B. GRIFFIN ◽  
JEFFREY W. SAVELL ◽  
KERRI B. GEHRING ◽  
...  
Keyword(s):  
United States ◽  
Warm Season ◽  
The United States ◽  
South Texas ◽  
Related Factors ◽  
Beef Carcasses ◽  
Peripheral Lymph ◽  
Beef Products ◽  
Positive Results

ABSTRACT Foodborne salmonellosis has been traced to undercooked ground beef and other beef products in the past, and peripheral lymph node (LN) presence in the fatty tissues of beef carcasses is one possible source of Salmonella contamination. Researchers have previously reported higher rates of Salmonella prevalence in LNs from cattle raised and harvested in Mexico compared with rates typically observed from cattle harvested in the United States. With cattle of Mexican origin comprising the majority of U.S. live cattle imports, the objectives of this study were designed to determine whether Salmonella prevalence in LNs differed (i) between cattle of Mexican and U.S. origins when exposed to the same South Texas feeding operation and (ii) between warm and cool seasons. To meet these objectives, paired (left and right sides) subiliac LNs (n = 800 LNs; n = 400 pooled samples) were collected from 100 carcasses per origin (Mexico and United States) per season (cool, December to January; warm, July to September). Overall, Salmonella prevalence in LN samples was 52.0% (208 of 400). No difference (P = 0.4836) was seen in Salmonella prevalence as a function of origin, with 54.0% (108 of 200) and 50.0% (100 of 200) of LN samples returning Salmonella-positive results from cattle of Mexican and U.S. origin, respectively. Salmonella prevalence differed (P = 0.0354) between seasons, with 46.5% (93 of 200) of cool and 57.5% (115 of 200) of warm season samples returning Salmonella-positive results. Serotyping of PCR-confirmed positive samples resulted in 14 different serovars being identified, with Cerro (21.6%), Anatum (19.7%), Muenchen (17.8%), Montevideo (14.4%), and Kentucky (12.0%) comprising the majority of serovars. These results suggest that factors other than cattle origin may be impacting Salmonella prevalence rates in bovine LNs and that additional research is needed to better understand the role of environment and management-related factors on Salmonella prevalence in bovine LNs.

The Role of Gender and Sensation Seeking in Film Choice

2008 ◽  
Vol 20 (3) ◽  
pp. 97-105 ◽  
Author(s):  
Smita C. Banerjee ◽  
Kathryn Greene ◽  
Marina Krcmar ◽  
Zhanna Bagdasarov ◽  
Dovile Ruginyte
Keyword(s):  
United States ◽  
Undergraduate Students ◽  
Sensation Seeking ◽  
Negative Mood ◽  
Positive Mood ◽  
The United States ◽  
High Arousal ◽  
Subject Design ◽  
Happy Mood

This study demonstrates the significance of individual difference factors, particularly gender and sensation seeking, in predicting media choice (examined through hypothetical descriptions of films that participants anticipated they would view). This study used a 2 (Positive mood/negative mood) × 2 (High arousal/low arousal) within-subject design with 544 undergraduate students recruited from a large northeastern university in the United States. Results showed that happy films and high arousal films were preferred over sad films and low-arousal films, respectively. In terms of gender differences, female viewers reported a greater preference than male viewers for happy-mood films. Also, male viewers reported a greater preference for high-arousal films compared to female viewers, and female viewers reported a greater preference for low-arousal films compared to male viewers. Finally, high sensation seekers reported a preference for high-arousal films. Implications for research design and importance of exploring media characteristics are discussed.

Sign in / Sign up

Export Citation Format

Share Document