scholarly journals Silence Matters: A survey of the right to silence in the summary jurisdiction of New South Wales

2019 ◽  
Vol 24 (2) ◽  
pp. 121-141
Author(s):  
Eugene Schofield-Georgeson

There is a scant existing literature on the relationship between the right to silence and its effect on convictions in Australia and comparable jurisdictions. Existing research has downplayed its significance in the face of various ‘law and order’ interventions seeking to limit its operation. This study is one of the largest of its kind, surveying over 1,000 charges to empirically assess the frequency of use and the effects of silence rights (the right to silence, privilege against self-incrimination and burden of proof) on conviction, in relation to a particular set of charges laid against a specific group of marginalised defendants in the Local Court summary jurisdiction of NSW. Adding to the existing literature, this study shows empirically how silence rights operate within an Australian summary jurisdiction for a specific group of criminal defendants who are significantly socially marginalised. In the process, it demonstrates that the use of silence rights is significant for this group, mostly in non-regulatory criminal matters. In this respect, silence rights can be understood to correlate with rates of conviction, mitigation of criminal sentencing and the practice of charge-bargaining.

2021 ◽  
Vol 14 ◽  
Author(s):  
Dongya Wu ◽  
Xin Li ◽  
Jun Feng

Brain connectivity plays an important role in determining the brain region’s function. Previous researchers proposed that the brain region’s function is characterized by that region’s input and output connectivity profiles. Following this proposal, numerous studies have investigated the relationship between connectivity and function. However, this proposal only utilizes direct connectivity profiles and thus is deficient in explaining individual differences in the brain region’s function. To overcome this problem, we proposed that a brain region’s function is characterized by that region’s multi-hops connectivity profile. To test this proposal, we used multi-hops functional connectivity to predict the individual face activation of the right fusiform face area (rFFA) via a multi-layer graph neural network and showed that the prediction performance is essentially improved. Results also indicated that the two-layer graph neural network is the best in characterizing rFFA’s face activation and revealed a hierarchical network for the face processing of rFFA.


2021 ◽  
Vol 17 (2) ◽  
pp. 45-53
Author(s):  
A. V. Pikalov

The essential features of the preferential right are revealed and the main approaches to understanding its legal nature are considered. According to the first approach, preferential rights are defined as cases when, under all equal conditions, the advantage is granted by law to a specific group of persons with some special characteristics. The second approach does not have a single idea: the authors focus on a certain aspect of preferential rights and propose to understand other preferential rights in the same way. The place of “preferential rights” among other exceptions in the law is determined, the relationship and difference from related legal categories are shown. Based on the results of carried out research, the author's definition of a preferential right is developed as an additional possibility based on the property (corporate) interest of its owner, established by law or contract, to demand from the subject-accomplice in the right or the party in respect of proper behavior in the form of providing advantages over third parties. This right is proposed to be considered an independent subjective right due to the obvious independence of its existence in objective law as a measure of possible behavior defined by law (by contract, constituent document), the presence of a construction corresponding to it of a legal obligation, its own mechanism for the implementation of this right, and for a number of other reasons set out in the work.


2021 ◽  
pp. 1-12
Author(s):  
Emilie Brenaut ◽  
Pauline Nezet ◽  
Laurent Misery ◽  
Cécile Legeas ◽  
Alain-Claude Roudot ◽  
...  

Triggering factors of sensitive skin are supposed to be physical, chemical (cosmetics, water, and pollutants), and occasionally psychological (stress). A recent meta-analysis showed that the most important triggering factor declared by subjects is the use of cosmetics. This study was designed to compare the consumption of cosmetic products in women with sensitive skin and controls. After a dermatological examination, women between the ages of 18 and 65 years with or without sensitive skin were recruited. They completed different questionnaires about the presence of sensitive skin and use of 28 cosmetics that could be applied on the face. The amount per application was recorded for all products used at least once a week on the face. In total, 160 women were included, with a mean age of 41 ± 13 years. Two groups of 40 women were created based on the sensitive scale (SS-10 score), with the lowest SS-10 scores (nonsensitive skin group) and the highest SS-10 score (sensitive skin group). The number of products used daily was similar in the 2 groups. Women with sensitive skin were significantly more frequent users of liquid soap/soap-free gel cleansers than those without sensitive skin (70 vs. 43%). There was no difference concerning the frequency of use of products in the 2 groups. Concerning the amount of product used by application, women with sensitive skin used twice as much cream per application compared with the women without sensitive skin: 511 ± 438 μg versus 290 ± 203 μg (<i>p</i> = 0.039). Concerning the composition of the cosmetic products used, the only difference concerned phenoxyethanol, which was more often present in the moisturizer of women without sensitive skin (66.7%) than in those with sensitive skin (32.4%) (<i>p</i> = 0.007). Women with sensitive skin were more likely to buy products recommended for sensitive skin by manufacturers. The relationship of causality between the use of cosmetics and sensitive skin cannot be established. Women with sensitive skin used different cosmetic products than women without sensitive skin. Women with sensitive skin used a higher amount of moisturizer, used products recommended for sensitive skin, and bought more cosmetic products at pharmacies than supermarkets. We hypothesized that subjects with sensitive skin are looking for products that improve the sensation of skin sensitivity.


1994 ◽  
Vol 12 (1) ◽  
pp. 9-18 ◽  
Author(s):  
Dahlia W. Zaidel ◽  
Peter Fitzgerald

The relationship between observers' taste and the sitter's face orientation as function of sitter sex in painted portraits was investigated. The historical tendency in portraiture is that the sitter's left side of the face is more likely than the right to be turned towards the viewer and this side bias is stronger with women than with men. Correctly oriented and reversed museum portraits were viewed by subjects who gave ratings of “liking” the portrait as a whole (Experiment 1) and for “attractiveness” of the sitter (Experiment 2). Only portraits of women showed a left-right difference with right favored significantly over left, irrespective of orientation or type of rating. These findings go against the historical pattern of the sex-related bias in portraiture. They suggest that most women are painted in an orientation which is less favorable to them.


2014 ◽  
Vol 19 (2) ◽  
pp. 311
Author(s):  
Ashley Cameron

The New South Wales government has now enacted section 89A of the Evidence Act 1995 (NSW), which will significantly amend the right to silence. The new provision allows courts in certain circumstances to draw unfavourable inferences from evidence of silence in criminal proceedings. Parliament has justified the legislation as a ‘common sense’ approach, intended to prevent offenders hiding behind a wall of silence. However the benefits of the legislation are expected to be minimal at best. Although critics have already put forward weighty theoretical arguments opposing the enactment of the new provision, how it will operate in New South Wales courts remains to be seen. This article will undertake a detailed comparative analysis, examining the operation of similar legislation in the United Kingdom to determine how section 89A might be interpreted and applied in New South Wales. This analysis suggests that the need for extensive and complicated jury directions, the problems in determining whether the provision is to be invoked at all, and the complex test used in deciding whether it was reasonable for the accused to remain silent, will create significant difficulties in the application of section 89A. It is contended that the number and seriousness of these difficulties, coupled with the only limited benefit (if any) to be derived from the section, justify the close monitoring of section 89A and its review at an appropriate time.


2020 ◽  
Vol 41 (2) ◽  
pp. 183-196
Author(s):  
Fernando Gordillo León ◽  
Miguel Ángel Pérez Nieto ◽  
Lilia Mestas Hernández ◽  
José M. Arana Martínez ◽  
Gabriela Castillo Parra ◽  
...  

AbstractThe effective detection of those facial expressions that alert us to a possible threat is adaptive. Hence the reason that studies on face sampling have involved analysing how this process occurs, with evidence to show that the eyes focus mainly on the upper side of the face; nevertheless, no clear determination has been made of the relationship between the efficacy in detection (speed and accuracy) and the way in which emotions are visually tracked on the face. A sequential priming task was therefore held in which the four quadrants of the face were displayed consecutively, for 50 ms each one, and in a different order (24 sequences). The results reveal a quicker response when the priming sequence begins in the upper part, continues downward to the right-hand side of the face, and then follows an anti-clockwise direction. The results are discussed in the light of studies using the Eye-Tracking technique.


Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 133
Author(s):  
Musta’in Musta’in ◽  
Sukarmi Sukarmi

The relationship between man and the land is so close that the land as a human place to live and continue his life. Land issues are also related to the granting of land rights such as inheritance. Judicially, the acquisition of rights due to inheritance is the acquisition of rights to land and or building by the heirs of the testator, which is applicable after the heirs pass away. Principally, when the heir dies, there has been a transfer of rights from the heirs to the heirs.In the transfer of ownership of the land mentioned above, of course, in making the aktanya different, from some reasons mentioned above, the authors are interested to develop a research with Title: registration certificate of ownership of land in the distribution of inheritance and problems at the Office of Land City of Semarang covering : How is the registration of the land ownership certificate in the division of inheritance in the Land Office of Semarang City, what is the legal effect if the inheritance is not made in the Land Office, and what if there is a heir disputed land dispute is sold but one of the heirs is not Signed a deed of sale and did not provide data. The purpose of the study To analyze and review the registration of land ownership certificates in the distribution of inheritance, to examine and analyze the legal consequences if the land of inheritance divestment is not made in a certificate, and to analyze and assess if there is an inheritance dispute of land which has been certified is sold but one of the heirs is not Signed a deed of sale and did not provide data.The research method used is juridical empirical. The results of this study can be concluded that, the guarantee of legal certainty in the field of land, with the existence of written, complete, and clear legal tools are carried out consistently. In addition, in the face of concrete cases it is also necessary that the registration of land that can provide legal certainty of the land for the right holders to facilitate prove it.Keywords: Registration, certificates, property rights, inheritance.


2020 ◽  
Author(s):  
Dongya Wu ◽  
Xin Li ◽  
Jun Feng

AbstractBrain connectivity plays an important role in determining the brain region’s function. Previous researchers proposed that the brain region’s function is characterized by that region’s input and output connectivity profiles. Following this proposal, numerous studies have investigated the relationship between connectivity and function. However, based on a preliminary analysis, this proposal is deficient in explaining individual differences in the brain region’s function. To overcome this problem, we proposed that a brain region’s function is characterized by that region’s multi-hops connectivity profile. To test this proposal, we used multi-hops functional connectivity to predict the individual face response of the right fusiform face area (rFFA) via a multi-layers graph neural network and showed that the prediction performance is essentially improved. Results also indicated that the 2-layers graph neural network is the best in characterizing rFFA’s face response and revealed a hierarchical network for the face processing of rFFA.


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