scholarly journals Lord Blackburn

1896 ◽  
Vol 42 (177) ◽  
pp. 473-474
Keyword(s):  
Criminal Responsibility ◽  
Mental Disease ◽  
General Rule ◽  
Medical Jurisprudence ◽  
Attempted Murder ◽  
The Difference ◽  
A Charge ◽  
Legal Character

The name of the late Lord Blackburn has few recollections of a medico-legal character associated with it. But his lordship once rendered a service to the science of medical jurisprudence which ought not to be forgotten. He was trying a woman on a charge of attempted murder. She clearly knew the difference of right from wrong and the character of her act, and if the judge had charged the jury according to the letter of the answers in McNaghten's case, she would inevitably have been convicted. But Lord Blackburn, to use his own language, “felt it impossible to say that she should be punished,” and so he told the jury that while McNaghten's case supplied the general rule, there were exceptions to it. The jury at once acted on the hint by acquitting the prisoner on the ground of insanity. Many of our judges would not hesitate nowadays to treat the orthodox test of criminal responsibility in mental disease with equal freedom. But Lord Blackburn's “departure” was taken about a quarter of a century ago, when the authority of McNaghten's case was far more unchallenged than it is at the present day.

The Prevention of Suicide

1894 ◽  
Vol 40 (168) ◽  
pp. 63-64
Keyword(s):  
Criminal Responsibility ◽  
Mental Disease ◽  
Social Conditions ◽  
Death Certification ◽  
Attempted Murder ◽  
Hands On ◽  
De Se ◽  
Social Importance ◽  
To Receive ◽  
Legal Sense

The increasing prevalence of suicide in this country is a phenomenon of grave social importance. Many of its causes, doubtless, lie beyond the range of either legislative or administrative remedies. We cannot avert the influence of commercial depression or religious excitement or alter the thousand and one climatic, telluric, and social conditions which lead men to take away their own lives. Nor can we return to the drastic policy of earlier days, when the suicide was buried at midnight in the king's highway with a stake through his body, and without the rites of Christian sepulture. But two deterrents might be tried. In the first place, instead of treating attempted felo de se as attempted murder, it might, in accordance with Sir James Stephen's suggestion, be regarded only as a secondary offence, punishable by secondary punishment. Again—and the prospect held out by the Death Certification Committee's report, of fresh legislation in our “crowner's quest law,” gives to this point an immediate interest—coroners' juries ought not to be permitted to return, nor should coroners be allowed to receive verdicts of “temporary insanity” in cases where not a vestige of evidence of mental disease in the legal sense of the term was adduced. The amiable humanity which inspires such verdicts is worthy of some respect, but its consequences are bad, and further manifestations of this weak disregard of duty ought to be prohibited by law. It may well enough be that the average felo de se is not able fully to appreciate either “The Suicide's Argument” or “Nature's Answer” to it, at the time when he lays violent hands on himself. But this is not what the law means, or ought to mean, by insanity; and we see no reason whatever why the mental state of suicides should not be determined by the criteria which govern the question of criminal responsibility in other cases. We deplore this weak sentimentality.

Problems of Iatrogenic Crimes Qualification

2021 ◽  
Author(s):  
K.V. Pitulko ◽  
Keyword(s):  
Causes Of Death ◽  
Statistical Data ◽  
Criminal Responsibility ◽  
Patient Treatment ◽  
Criminal Prosecution ◽  
Medical Assistance ◽  
Judicial Practice ◽  
Quality Of Medical Care ◽  
The Difference

The article reveals the features of the distinction between criminal and non-criminal circumstances, leading to a patient treatment unfavorable outcome. The aim of the research undertaken is to identify the nature and degree of social danger of professional negligence in the diagnosis and treatment of diseases. The article analyzes statistical data characterizing the dynamics of bringing doctors and other medical workers to criminal responsibility for committing crimes that caused harm to the life and health of patients. The organic connection of iatrogenic crimes with defects in the quality of medical care and improper performance of professional duties by medical workers is argued. The author reveals the difference between the causes of death and deterioration in the health of persons seeking medical assistance, and analyzes the practice of termination of medical workers criminal prosecution on rehabilitating grounds. On the basis of materials of modern judicial practice, it is proved that there is no need to separate the category «iatrogenic crimes» in the criminal law. A differentiated approach to qualification of adverse treatment outcomes seems promising. The author proposes detailing the legal liability of medical workers and medical organizations, depending on the criminal or non-criminal nature of the circumstances of causing harm to the life and health of the patient.

scholarly journals INSECTICIDE APPLICATION SPEED IN THE CONTROL OF LEPIDOPTERAN PESTS IN SOYBEAN1

2020 ◽  
Vol 33 (1) ◽  
pp. 72-80
Author(s):  
LENIO CESAR MORAES DE CAMARGO ◽  
DANILO DE BRITO GARCIA ◽  
OTÁVIO JORGE GRÍGOLI ABI SAAB ◽  
AMARILDO PASINI ◽  
DANILO AUGUSTO SARTI ◽  
...  
Keyword(s):  
Chemical Control ◽  
General Rule ◽  
Leaf Damage ◽  
Application Technology ◽  
Spray Volume ◽  
The Difference ◽  
Soybean Plants ◽  
Efficacy Parameters ◽  
Great Damage ◽  
Chrysodeixis Includens

ABSTRACT During the chemical control of pests, diseases and weeds, great importance is given to the phytosanitary product and little attention to the application technology. The control of soybean pests did not escape the general rule and, therefore, some pests known as secondary, and even nonexistent, became responsible for great damage to the soybean crop. The objective of this work was to test the application of insecticide at different speeds (5 and 16 km h-1) by varying the rates of application in 108 to 110 and 199 to 216 L ha-1 to quantify the difference in the coverage percentage of the applied insecticide in the canopy of soybean plants, and to verify the interaction of these factors with efficacy parameters for the control of caterpillars (Helicoverpa armigera and Chrysodeixis includens). In general, the highest leaf coverage by the insecticide was observed in the upper part of the canopy, regardless of the rate and speed of application, resulting in lower leaf damage. For the middle and lower thirds of the plant, the decrease in speed influenced more the decrease in leaf damage by the caterpillars than the increase in the spray volume.

reports described him as ‘emotionally unstable’ and in a ‘grossly elevated neurotic state’. The judge refused to admit the evidence, and on appeal following conviction it was contended that he was wrong. The primary contention was that the appellant’s pre-existing mental condition made him vulnerable to threats. Held, dismissing the appeal, the duress relied upon was duress by threats, but in some cases a defendant might be able to rely on ‘duress by circumstances’ (see Conway [1989] QB 290; Martin [1989] 1 All ER 652), and although not argued in this way it was proposed to consider whether the medical evidence could have been introduced on the basis that Hegarty might have been able to set up such a defence. Duress by threats provided a defence to a charge of any offence other than murder (see Howe [1987] AC 417), attempted murder (see Gotts [1982] 2 AC 412) and some forms of treason. It was founded on public policy considerations (see AG v Whelan [1934] IR 518). The fact that the defendant’s mind had been ‘overborne’ by the threats did not mean that he lacked the requisite intent to commit the crime (see DPP for Northern Ireland v Lynch [1975] AC 653, 703B). It followed that the law might have developed on the lines that, when considering duress, a purely subjective test should be applied, and it might well develop in this way in the future (see Law Com 218, para 29.14, November 1993, Cmnd 2370 and draft Criminal Law Bill, cl 25(2)). As the law stood however the test was not purely subjective but required an objective test to be satisfied (Howe). The jury had to consider the response of a sober person of reasonable firmness ‘sharing the characteristics of the defendant’. They could take account of age, sex and physical health, but it was open to consideration whether the shared characteristics could include a personality disorder of the kind suffered by the appellant. His counsel argued that the expert evidence was relevant to explain the reaction of a man like him to threats of violence to himself and his family, and admissible because the pathological aspects of his personality and the effect of his disorder on his behaviour were matters which lay outside the knowledge and experience of a judge and jury. Counsel referred to a passage in Emery (1993) 14 Cr App R (S) 394, 398 where Lord Taylor CJ said that: ‘... The question for the doctors was whether a woman of reasonable firmness with the characteristics of [the appellant], if abused in the manner which she said, would have had her will crushed so that she could not have protected her child.’ It was accepted that for the purposes of the subjective test medical evidence was admissible if the mental condition or abnormality was relevant and its effects lay outside the knowledge and experience of laymen. In the present case, the reports before the judge did not go that far, and the judge had to decide on the material before him. There were no grounds for disturbing his decision. As the evidence was not admissible to explain the reaction of the appellant himself, it was clearly not admissible on the objective test. The passage cited could not be read in isolation,

1996 ◽  
pp. 568-568
Keyword(s):  
Northern Ireland ◽  
Criminal Law ◽  
Mental Condition ◽  
Objective Test ◽  
Medical Evidence ◽  
Subjective Test ◽  
Attempted Murder ◽  
The Law ◽  
Set Up ◽  
A Charge

Integration of Predated Notifications of Personal Actions for HR-Planning in ERP-Systems

2012 ◽  
pp. 291-303 ◽  
Author(s):  
Peter Cissek ◽  
Jorge Marx Gomez
Keyword(s):  
Human Resource ◽  
Business Processes ◽  
Planning Process ◽  
Cost Savings ◽  
General Rule ◽  
Resource Planning ◽  
Erp Systems ◽  
Fully Integrated ◽  
Related Data ◽  
The Difference

This chapter intends to reveal the benefit of predated notifications of personal actions for HR-planning and discusses the interrelated demands on ERP-systems. If e-government is implemented, one has to think of rearranging the government’s HR-structure in order to adapt to the new circumstances, too. This means to take advantage of modern HR-methodology in order to become more efficient in HR-administration. One possible way in improving human resource management (HRM) is using predated notifications of personal actions for HR-planning. Human resource planning (HR-planning) is a component of strategic enterprise planning. It is fully integrated into the enterprise-wide planning process, because HR-planning is not only determined by other planning areas, but it also determines them vice versa. So the more precisely and comprehensively HR-planning is done, the more accurate derived key figures, which are used in other planning areas, can be. Governments usually deal with a huge amount of personnel, so HR is one of the main tasks in administration. Predated notifications of personal actions usually are known in present, but will be started in the future. In contrast to planning a personnel action the predated one will take place with the highest possible probability. An example for making the difference more clear may be an employee’s retirement. It does not stringently depend on the employee’s age, but rather on the person’s individual decision to retire. As a general rule, an employee’s intention to retire is already known about half a year before it takes place. If this information is used in the planning process, the company will have enough time to estimate the loss of knowledge or the cost-savings that will be caused by the employee’s withdrawal. In huge companies, HRM typically is supported by ERP-systems. The functionality offered by the software depends on the company’s needs and may range from a simple keeping of personnel data to a complex module called human capital management, which is used for payroll accounting, talent management, employee self services, and many more. If the decision-making body considers the company’s personnel as business critical, a lot of employee-related data is collected and analyzed, ranging from master data to planning key figures. This chapter will emphasize the importance of efficient HR-planning for governments in order to improve their business processes. It can be seen as one of the goals of e-government. It will be pointed out how HR-planning can be improved by using predated notifications of personal actions, so that HR-divisions in governments can use advanced HR-planning right on from the beginning when preparing themselves for e-government.

Speciation Calculations

1993 ◽  
Author(s):  
Greg M. Anderson ◽  
David A. Crerar
Keyword(s):  
Water Solution ◽  
Chemical Species ◽  
General Rule ◽  
Charge Balance ◽  
Complex Ions ◽  
Chemical Systems ◽  
Unknown Species ◽  
Acetic Acid Water ◽  
Equilibrium Concentrations ◽  
A Charge

This chapter focuses on one of the most common questions asked about natural chemical systems: what are the concentrations or activities of the different species present in a system at complete chemical equilibrium? We might be concerned, for example, with oxygen or sulfur fugacities, with the activities of complex ions, or activity ratios of reduced and oxidized species of the same component. In practice, these calculations range from trivially simple to enormously complex, depending on the number of species (and components) in the system. We will follow roughly this order—from trivial to complex—and outline some of the most common approaches used in performing speciation calculations. This simplest procedure is probably used most often, and works best with systems containing relatively few chemical species. As a general rule of thumb, you might try this if there are fewer than 10 species, but move on to another more sophisticated method for more complicated systems. As an example, we will solve for the equilibrium concentrations of all species in an acetic acid + water solution of a given concentration, m. Specifically, we might be interested in the pH of a 0.1 m HAc solution, but in calculating this we will also get the activities of all other species, whether we need them or not. This is one of the simplest examples imaginable, but the method works exactly the same way with more complicated systems. An excellent reference on this general approach is Butler (1964, Chap. 3). There are six steps to follow:… 1. Write all species of relevance or interest. Count the number of unknown species. You will need this many equations. 2. Write all known equilibrium constant equations. 3. If there are charged species, write a charge balance equation. 4. Write all known mass balance equations. 5. You should now have the same number of equations as unknown species. Reduce these by algebraic substitution to one (or two) equations that can be solved for the unknown concentrations. At first, assume all activity coefficients are 1.0.

Dangerousness and mental disease in France: From stigmatization to prevention process

2011 ◽  
Vol 26 (S2) ◽  
pp. 538-538
Author(s):  
C. Gheorghiev ◽  
B. Lahutte ◽  
H. Boisseaux
Keyword(s):  
Mentally Ill ◽  
Mental Disease ◽  
Social Representations ◽  
Two Dimensions ◽  
Social Dimension ◽  
Social Regulation ◽  
French Studies ◽  
Violent Behaviors ◽  
The Social ◽  
The Difference

IntroductionAlthough in close and old connections with psychiatry, dangerousness exceeds psychiatric field because of its transversal feature. By involving a potential attack of others’ integrity, dangerousness implies a social dimension.ObjectiveThe aim was to study social representations of mental disease, which are dominated by the specter of dangerousness and lead to its stigmatization, in order to outline a prevention prospect.MethodThe method was based on a review of literature of main French studies of social representations of mental disorder and mechanisms which lead to its stigmatization.ResultsThe representations of psychiatry in general population are homogeneous and consensual, organized around the figure of the « mad », the « mentally ill » and the « depressive people ». Madness and mental disease are associated with the most violent behaviors and the use of psychoactive drugs. Two dimensions appear in the representation of the dangerous individual, one linked to a trained aggressiveness, the second to an impulsive aggressiveness, confirming the validity of the usual distinction between criminological and psychiatric dangerousness. Three main data are at the source of stigmatization : the fear of what is discerned like a threat, the anomaly through the difference which is carried, and the social regulation.ConclusionThe struggle against mental disease stigmatization can be part of a prevention process allowing through the rehabilitation of the patient in the society the performance of a care which exceeds the simple treatment of the disorder.

The optimal value of markov stopping problems with one-step look ahead policy

1988 ◽  
Vol 25 (3) ◽  
pp. 544-552 ◽  
Author(s):  
Masami Yasuda
Keyword(s):  
Random Number ◽  
Secretary Problem ◽  
Choice Problem ◽  
Best Choice Problem ◽  
Look Ahead ◽  
Optimal Value ◽  
One Step ◽  
The Difference ◽  
The One ◽  
A Charge

This paper treats stopping problems on Markov chains in which the OLA (one-step look ahead) policy is optimal. Its associated optimal value can be explicitly expressed by a potential for a charge function of the difference between the immediate reward and the one-step-after reward. As an application to the best choice problem, we shall obtain the value of three problems: the classical secretary problem, a problem with a refusal probability and a problem with a random number of objects.

Sign in / Sign up

Export Citation Format

Share Document