Plea-negotiations, prosecutors and discretion: An argument for legal reform

2016 ◽  
Vol 49 (4) ◽  
pp. 564-582 ◽  
Author(s):  
Asher Flynn
Keyword(s):  
Empirical Evidence ◽  
Legal Reform ◽  
Legal Process ◽  
Prosecutorial Discretion ◽  
Current Process ◽  
Criminological Research ◽  
Record Data ◽  
Defence Counsel ◽  
Almost All ◽  
External Scrutiny

Unlike the cynicism and accountability concerns applied to the use of discretion by police and judicial officers, prosecutorial discretion in plea-negotiations operates essentially free from external scrutiny or transparency. Globally, there is a scarcity of data and research on plea-negotiations, meaning we do not have the capacity to accurately measure their frequency, the contexts in which agreements are reached or to identify patterns in the types of offenders/offences most commonly involved. Additionally, in almost all Australian jurisdictions, plea-negotiations are not recognised as a legitimate legal process in statute, despite empirical evidence from the legal community suggesting their overtly encouraged and common use. Drawing from research in which 51 Victorian prosecutors were observed engaging in plea-negotiation practices over several months, and 54 interviews were conducted with prosecutors, defence counsel, judicial officers and policy advisors, this article intends to reignite discussions of the nontransparency of plea-negotiations in Australia, including highlighting the need for increased criminological research in this underexamined field. The article contends that all Australian jurisdictions should define plea-negotiations in legislation and record data on how often plea-negotiations occur, similarly to the current process of recording guilty pleas. Without such reform, plea-negotiations will remain nontransparent and misunderstood, as there will be no adequate mechanism to understand or examine how negotiations operate in practice or what their true impacts might be.

The Amboyna Business

2020 ◽  
pp. 44-75
Author(s):  
Alison Games
Keyword(s):  
Legal Process ◽  
Almost All ◽  
Japanese English

This chapter reconstructs the conspiracy trial on Ambon in 1623 by drawing on over fifty depositions and other sources, almost all created after the trial. It analyzes why a Japanese soldier’s questions triggered VOC suspicions of a regional plot featuring Japanese, English, and Indo-Portuguese co-conspirators, and why the alleged plot took the form the VOC believed it did. It explores the role of torture in the legal process. In the course of presenting a narrative of the conspiracy trial, it sifts through conflicting perspectives and interpretations of events. Almost all aspects of the trial were later disputed in Europe, and this chapter deals directly with the interpretive problems posed by the surviving sources.

scholarly journals Kompetisi dan Inovasi di Indonesia: Bukti Empiris dari Industri Manufaktur

2019 ◽  
Vol 19 (1) ◽  
pp. 1-20
Author(s):  
Mohammad Adhi Rachmaidi ◽  
Andi Fahmi Lubis
Keyword(s):  
Empirical Evidence ◽  
Empirical Relationship ◽  
Micro Data ◽  
Optimal Point ◽  
Almost All

This paper studies empirical relationship between competition and innovation in Indonesia using micro data BPS. Lack of innovation data has requires this paper to use R&D expenditure as innovation in year of data avaibility. Competition is estimated by computing profit elasticity, based on idea of eciency. Inverted-U shape tested with technology spread within industries at which effect of competition and innovation can turn from positive to negative. Empirical evidence shows that relationship between competition and innovation is inverted-U with very low optimal point. This means that very few industries can increase innovation and almost all industries will reduce innovation as competition increases. ============================== Penelitian ini menganalisis hubungan empiris antara kompetisi dan inovasi di Indonesia dengan menggunakan data perusahaan BPS. Keterbatasan data inovasi mengharuskan penggunaan R&D expenditure sebagai inovasi pada tahun tersedianya data. Kompetisi diestimasi dengan menggunakan profit elasticity berdasarkan gagasan efisiensi. Bentuk inverted-U diuji dengan technology spread pada industri dengan efek dari kompetisi dan inovasi dapat berubah dari positif menjadi negatif. Bukti empiris menunjukkan hubungan antara kompetisi dan inovasi merupakan inverted-U dengan titik optimal yang sangat rendah. Ini berarti sangat sedikit industri yang dapat meningkatkan inovasi dan hampir semua industri akan mengurangi inovasi ketika kompetisi meningkat.

Legal Excess in John Donne’s ‘Satyre V’

2018 ◽  
pp. 98-130
Author(s):  
Virginia Lee Strain
Keyword(s):  
Political System ◽  
Political Representation ◽  
Legal Reform ◽  
Subject Position ◽  
Individual Freedom ◽  
Legal Process ◽  
Legal Professionals ◽  
Ethical Implications ◽  
The Social ◽  
Court Of Chancery

Chapter 3 examines John Donne’s ‘Satyre V’, which applies the social and ethical reforming energy of the satiric genre to the need for system-wide legal reform in England. The piece is a tribute to his employer, the Lord Keeper Thomas Egerton, who was lauded for his integrity and commitment to reforming the financially exploitative aspects of legal process, particularly in the Court of Chancery. Central to Donne’s satiric critique of the law is his attack on the excesses within the legal-political system that have been generated by the offences of suitors and legal professionals alike. His analysis is complicated, however, through the evocation of corrective strategies that instrumentalise excess, including equitable reasoning and practices (in Chancery and in statute interpretation), legal and political representation, and secretarial service. Donne exploits and revitalizes traditional legal-political analogies to illuminate the tensions in a system that was forestalled by, but also functioned through, excess. The result is an analogical, rather than metaphysical, style that generates new ethical implications for the Donnean speaker’s characteristic subject position. His in-betweenness emerges here not as a function of individual freedom, but as a function of his new proximity and enlarged responsibilities to others as well as to prevailing social, legal and political forms.

Political Responsiveness and Case Filings

2018 ◽  
pp. 83-102
Author(s):  
Banks Miller ◽  
Brett Curry
Keyword(s):  
Empirical Evidence ◽  
Empirical Models ◽  
Divided Government ◽  
Prosecutorial Discretion ◽  
White House ◽  
Issue Area ◽  
Potent Predictor

This chapter investigates whether partisan control of the presidency and Congress is associated with how U.S. Attorneys (USAs) allocate their resources in filing cases across the issue areas we study. Empirical evidence is presented which suggests that partisan control of the presidency is a particularly potent predictor of prosecutorial discretion at the filing stage in four of the five issue areas we study. Findings from the investigation also indicate that divided government mitigates the association between partisan control of the White House and changes in case filings. In addition, the empirical models show that presidential and congressional attention to an issue area also conditions the extent to which federal prosecutors prioritize that issue.

scholarly journals COMPARISON OF CLOPIDOGREL AND ACETOSAL IN THE PREVENTION OF RECCURENT ISCHEMIC STROKE AT DR. MOEWARDI REGIONAL GENERAL HOSPITAL

2017 ◽  
Vol 10 (10) ◽  
pp. 145
Author(s):  
Anis Dwi Kristiyowati ◽  
Retnosari Andrajati ◽  
Anton Bahtiar
Keyword(s):  
Ischemic Stroke ◽  
General Hospital ◽  
Medical Record ◽  
Medical Records ◽  
Recurrent Stroke ◽  
Control Group ◽  
Medical Record Data ◽  
Record Data ◽  
History Of ◽  
Almost All

  Objective: This study was conducted to determine the effect of clopidogrel on the prevention of recurrent stroke.Methods: This study used case–control study; data were taken from patient’s medical record of DR. Moewardi Regional General Hospital in the period of January 2013 – February 2017. Case group is a recurrent stroke patient receiving an acetosal or clopidogrel. The control group is a nonrecurrent stroke patient who receives an acetosal or clopidogrel.Results: During the period of study, the number of medical sample record data are 177 samples from the entire study subjects that met the inclusion and exclusion criteria, 50 medical records entered as subject of case study, 32 medical record samples was excluded because medical record data at the first stroke was gone (obselete), 35 medical record was excluded because medical record data at first stroke was not at of DR. Moewardi Regional General Hospital, 4 samples of medical records was excluded for using a combination of acetosal and clopidogrel, 55 samples of medical records as control subjects. Patients who use clopidogrel have a tendency to prevent recurrent stroke, but statistically not significantly different. This study shows that men tend to suffer more recurrent ischemic stroke (64.0%) than women. While in the control group of recurrent ischemic stroke of women (56.4%) more experienced the first stroke than men. Patients who had a stroke almost all had a history of hypertension (90.2%). Recurrent stroke patients in this study almost all had a history of hypertension. Bivariate analysis was showed that gender, history of diabetes mellitus (DM) and history of hypertension had an effect on recurrent stroke events. From the multivariate analysis, it was found that men had a risk of 2.328 for recurrent stroke (p=0.047), the history of DM had a risk of 3.975 times for recurrent stroke (p=0.016) and history of hypertension was 4.021 times for recurrent stroke (p=0.03)

scholarly journals Factors of Success of Initial Coin Offering. Empirical Evidence from 2016–2019

2019 ◽  
Vol 23 (5) ◽  
pp. 30-49 ◽  
Author(s):  
A. S. Myalo ◽  
N. Yu. Glukhov
Keyword(s):  
Venture Capital ◽  
Empirical Evidence ◽  
Model Evaluation ◽  
Legal Framework ◽  
Econometric Analysis ◽  
Weak Signals ◽  
Almost All ◽  
Initial Coin Offerings ◽  
Factors Of Success

Since 2013, Initial Coin Offerings (ICO) have allowed companies to attract financing with the help of cryptocurrencies. Statistics of ICO shows that the ICO market is increasing and demand for funds continues to grow with claims of over $ 15 billion raised in the first half of 2018. The increasing volumes of investment in ICO projects as an alternative method to venture capital or IPO are caused by, for example, the possibility of reselling the received tokens at a higher price after the launch of the project or obtaining the company’s services at lower prices. While the importance of the topic is growing, there is the absence of fundamental works emphasizing the determinants of an ICO’s success. The scientific novelty of the forthcoming research consists in the formation of the model evaluation of ICO success. Using econometric analysis based on data for 1392 projects, we show that the volatility of the main cryptocurrencies has a significant impact on the success of ICO. The constraints of the platform for Smart Contacts (ERC-20) and dependence on the Ethereum volatility overcome all other factors. Our data contributes to existing literature and shows the insignificance e of the sector of the project, almost all location region and fl of infl e of quality of the team. This result may be explained by the uncertainty of the investor about the project (weak signals), absence of the regulation and legal framework. This result is beneficial for owners of companies since it is an argument for decreasing costs for marketing.

Do Coalition Governments with Populist Parties Attempt to Rationalise Law-Making in Parliaments? Evidence from the Czech Chamber of Deputies

2021 ◽  
Author(s):  
Robert Zbíral
Keyword(s):  
Empirical Evidence ◽  
Theoretical Framework ◽  
Parliamentary Democracy ◽  
Coalition Governments ◽  
Legislative Agendas ◽  
The Future ◽  
Legislative Performance ◽  
Almost All ◽  
Law Making ◽  
Chamber Of Deputies

Abstract Populism might be a threat to parliamentary democracy but does not automatically signal its demise. First, not all populist parties seek illiberal goals. Second, in Europe most populist parties entering governments have done so as coalitions with mainstream parties. Yet, almost all populists, including the non-extremist and ‘integrated’ ones, call for more efficient governance. We assume that once in the executive, that objective will also manifest itself in the rationalisation of law-making in legislatures. By applying a more assertive strategy and exploiting existing rules, cabinets will attempt to streamline their legislative agendas. We test this theoretical framework on empirical evidence from the Czech Chamber of Deputies, which can serve as prototypical case. Since 2010, three coalition governments have ruled. In the last two, the influence of populist parties (represented by ANO under the leadership of Andrej Babiš) gradually increased. By tracking the legislative performance of cabinets in the Chamber, we found that executives with a populist presence actually fared worse than their non-populist predecessor (baseline) in almost all proceedings and outcomes of law-making. The bills submitted by the last government, where ANO dominated, even suffered the most. Contrary to our assumption, a strategy of rationalisation has therefore not succeeded. The findings open interesting questions about how effective cabinets with populists are in law-making in parliaments, and about the future of legislatures as resilient safeguards against the populist challenge.

The acquisition of syntactic categories in Jakarta Indonesian

2008 ◽  
Vol 32 (3) ◽  
pp. 637-669 ◽  
Author(s):  
David Gil
Keyword(s):  
Language Acquisition ◽  
Empirical Evidence ◽  
First Language ◽  
First Language Acquisition ◽  
Syntactic Category ◽  
Distributional Properties ◽  
Category Formation ◽  
Semantically Heterogeneous ◽  
Jakarta Indonesian ◽  
Almost All

This paper presents empirical evidence for a theory of syntactic categories in the tradition of categorial grammar, in which more complex categories are derived from simpler ones by means of category formation operators. In Jakarta Indonesian, almost all words and larger expressions belong to a single open syntactic category, S(entence), while a small residue of semantically heterogeneous items belong to a single closed syntactic category S/S. The theory predicts that in first-language acquisition, simpler categories are acquired before more complex ones. Thus, for Jakarta Indonesian, it predicts that the category S is be acquired before the category S/S. Examination of a naturalistic corpus of almost one million utterances provides support for this prediction, deriving from errors of overgeneralization, in which members of S/S exhibit the distributional properties of members of S.

scholarly journals How does Networking Impact the SMEs Growth

Organizacija ◽  
2009 ◽  
Vol 42 (2) ◽  
pp. 59-66 ◽  
Author(s):  
Karin Širec ◽  
Barbara Bradač
Keyword(s):  
Empirical Evidence ◽  
Dynamic Environment ◽  
Competitive Strategies ◽  
Market Conditions ◽  
Technological Orientation ◽  
Almost All ◽  
Company Growth

How does Networking Impact the SMEs GrowthToday's market conditions are forcing companies to adapt to changes in order to survive, grow and be competitive. Such changes include inter-company cooperation and networks, which allow for competition and innovation in a dynamic environment. Today, almost all industries are affected by the evolution of networking relationships within and between firms; however, previous studies have revealed that companies differ in their competitive strategies, strategic and technological orientation, and methods of networking. Most of these studies have linked networking with performance, with less empirical evidence on linking networking in SMEs with company growth. Previous research has also shown that entrepreneurial potential in Slovenia is not fully utilized. For this reason, the presented paper investigates a networking in SMEs and its contribution to the companies' growth.

scholarly journals Profil psoriasis di Poliklinik Kulit dan Kelamin RSUP Prof. Dr. R. D. Kandou Manado periode Januari 2013 – Desember 2015

e-CliniC ◽  
2016 ◽  
Vol 4 (2) ◽  
Author(s):  
Michelle P. Boham ◽  
Pieter L. Suling ◽  
Herry E.J. Pandaleke
Keyword(s):  
Environmental Factors ◽  
Skin Disease ◽  
Psoriasis Vulgaris ◽  
Skin Diseases ◽  
Descriptive Study ◽  
Common Type ◽  
The Body ◽  
Medical Record Data ◽  
Record Data ◽  
Almost All

Abstract: Psoriasis is a skin disease that belongs to erythrosquamous dermatosis, characterized by erythema and scaling. Psoriasis are usually localized on the elbows, knees, and scalp, however, it can spread to almost all areas of the body. Its causes are still not known for certain but it is suspected that this disease is related to genetic, immunological, and environmental factors. This study was aimed to obtain the profile of psoriasis in the Dermatovenereology Clinic of Prof. Dr. R. D. Kandou Hospital Manado from January 2013 to December 2015. This was a retrospective descriptive study using the medical record data. The results showed that of 3573 new cases of skin diseases, 188 were classified as psoriasis (5.26%). The majority of psoriasis cases were males (57.98%), aged 45-64 years (50.53%), occupation as housewife (16.48%), and diagnosed as psoriasis vulgaris (80.85%). Psoriasis typically found in the head, body, and extremities was found in 73.94% of cases. The most common type of treatment was a combination of topical corticosteroid and oral antihistamine (68.62%).Keywords: psoriasis, erythrosquamous dermatosis Abstrak: Psoriasis merupakan salah satu jenis penyakit kulit yang termasuk dalam golongan dermatosis eritroskuamosa, ditandai dengan adanya eritema dan skuama. Letak psoriasis dapat terlokalisir, misalnya pada siku, lutut, kulit kepala, atau menyerang hampir 100% luas tubuhnya. Penyebabnya belum diketahui secara pasti, namun diduga penyakit ini di[engaruhi oleh faktor genetik, imunologik, dan lingkungan. Penelitian ini bertujuan untuk mendapatkan profil psoriasis di RSUP Prof. Dr. R. D. Kandou Manado periode Januari 2013 – Desember 2015. Jenis penelitian ialah deskriptif retrospektif menggunakan data rekam medik. Hasil penelitian menunjukkan dari 3573 kunjungan baru penyakit kulit, terdapat 188 kasus baru psoriasis (5,26%). Mayoritas kasus ialah laki-laki (57,98%), usia 45-64 tahun (50,53%), pekerjaan tersering ibu rumah tangga (16,48%), dan diagnosis sebagai psoriasis vulgaris (80,85%). Psoriasis paling banyak mengenai kepala, badan, dan ekstremitas (73,94%). Terapi yang paling sering digunakan ialah kombinasi kortikosteroid topikal dan antihistamin oral (68,62%). Kata kunci: psoriasis, dermatosis eritroskuamosa

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