scholarly journals Waiver of the Right (Loss of the Right) to a Confrontation by Committing an Unlawful Act (Forfeiture by Wrongdoing)

2019 ◽  
Vol 13 (2) ◽  
pp. 322-331
Author(s):  
Artur Ghambaryan
Keyword(s):  
The Right ◽  
Unlawful Conduct ◽  
Theoretical Issues ◽  
Trial Participants ◽  
Court Hearing

The article deals with a number of theoretical issues of the waiver, in particular, the concept and types of waiver of the right to a confrontation. The author shows the correlation between the concepts «waiver of the right» and «loss of the right» and points out that when a person commits an unlawful act, he waives the right to a confrontation and hinders the normal course of court hearings through the unlawful influence on trial participants, evasion from proceedings or unauthorized leaving of a courtroom. If the defendant impedes the natural progress of court hearings, he is warned about the possibility of being removed from the courtroom if the unlawful conduct does not stop. If he continues to commit unlawful acts during the court session, then he in fact waives his right to participate in the court hearing and the right to a confrontation (loses these rights). The author points out that in practice there are cases when the accused person evades the investigation and stays on the wanted list for years or when a person leaves for another country to evade the investigation and, as a result, is deprived of an opportunity to interrogate the witnesses who testified against him because these witnesses are no longer available, for example, they have died, or are in the country where the crime was committed. The author also considers the situations when the accused leaves the court hearing without authorization as a waiver of the right to confrontation. In this case the accused does not insist on his right and waives these constitutional privileges because he was given a right to confrontation but chose not to use it and not to meet the witnesses who have testified against him.

Navigating on the Information Highway

1994 ◽  
Vol 38 (4) ◽  
pp. 271-274 ◽  
Author(s):  
Arnold M. Lund
Keyword(s):  
Design Issues ◽  
Information Highway ◽  
Human Interface ◽  
Practical Design ◽  
Finite Set ◽  
Critical Problems ◽  
The Right ◽  
Time Frames ◽  
Theoretical Issues ◽  
Design Guidance

The “information highway” is being created now, and the design task is monumental. Some of the most critical problems in designing a navigation environment have never been addressed before, and developers are demanding that either we (as human interface designers) supply answers now or they will make up their own answers. There is too little time and there are too few resources to fully explore interesting theoretical issues, and yet the results of such exploration (if on the right topics) could be critically important. This paper will review some of the practical design issues that Ameritech has identified as being important in defining a navigation environment, and approaches we have taken to those design issues. These approaches have been shaped by a lack of design guidance in some areas, and a finite set of resources (especially time). The paper will also identify directions where research would be useful, and time frames during which the results will still be valuable.

scholarly journals Numerical cognition in action: Reaching behavior reveals numerical distance effects in 5- to 6-year-olds

2018 ◽  
Vol 4 (2) ◽  
pp. 286-296 ◽  
Author(s):  
Christopher D. Erb ◽  
Jeff Moher ◽  
Joo-Hyun Song ◽  
David M. Sobel
Keyword(s):  
Spatial Representation ◽  
Numerical Cognition ◽  
Spatial Information ◽  
Numerical Comparison ◽  
Digital Display ◽  
Numerical Distance ◽  
Tight Coupling ◽  
Comparison Task ◽  
The Right ◽  
Trial Participants

This study investigates how children’s numerical cognition is reflected in their unfolding actions. Five- and 6-year-olds (N = 34) completed a numerical comparison task by reaching to touch one of three rectangles arranged horizontally on a digital display. A number from 1 to 9 appeared in the center rectangle on each trial. Participants were instructed to touch the left rectangle for numbers 1-4, the center rectangle for 5, and the right rectangle for 6-9. Reach trajectories were more curved toward the center rectangle for numbers closer to 5 (e.g., 4) than numbers further from 5 (e.g., 1). This finding indicates that a tight coupling exists between numerical and spatial information in children’s cognition and action as early as the preschool years. In addition to shedding new light on the spatial representation of numbers during childhood, our results highlight the promise of incorporating measures of manual dynamics into developmental research.

A review on the evolvement trend of robotic interaction control

2016 ◽  
Vol 43 (5) ◽  
pp. 535-551 ◽  
Author(s):  
Ali Leylavi Shoushtari ◽  
Paolo Dario ◽  
Stefano Mazzoleni
Keyword(s):  
Hierarchical Classification ◽  
Control Algorithms ◽  
Content Type ◽  
Control Approach ◽  
Interaction Control ◽  
Pros And Cons ◽  
General Aspects ◽  
The Right ◽  
Theoretical Issues

Purpose Interaction plays a significant role in robotics and it is considered in all levels of hardware and software control design. Several models have been introduced and developed for controlling robotic interaction. This study aims to address and analyze the state-of-the-art on robotic interaction control by which it is revealed that both practical and theoretical issues have to be faced when designing a controller. Design/methodology/approach In this review, a critical analysis of the control algorithms developed for robotic interaction tasks is presented. A hierarchical classification of distributed control levels from general aspects to specific control algorithms is also illustrated. Hence, two main control paradigms are discussed together with control approaches and architectures. The challenges of each control approach are discussed and the relevant solutions are presented. Findings This review presents an evolvement trend of interaction control theories and technologies over time. In addition, it highlights the pros and cons of each control approaches with addressing how the flaws of one control approach were compensated by emerging another control methods. Originality/value This review provides the robotic controller designers to select the right architecture and accordingly design the appropriate control algorithm for any given interactive task and with respect to the technology implemented in robotic manipulator.

Robe versus Brief im Diversionsverfahren

2020 ◽  
Author(s):  
Tamara Verena Pitz
Keyword(s):  
Juvenile Delinquency ◽  
Empirical Study ◽  
Social Control ◽  
Juvenile Court ◽  
Young Person ◽  
Juvenile Delinquent ◽  
Resource Limited ◽  
First Offenders ◽  
The Right ◽  
Court Hearing

Juvenile delinquency is omnipresent and ubiquitous. In times of resource-limited personnel policy, dwindling social control and media-effective appeals for sanctions, how should the judiciary react to typical crimes of young first offenders? Is an informal letter enough to lead the young person back to the right path? Or must the juvenile delinquent truly experience the power of the state in robes in order to persuade him or her to live in accordance with the law? This dissertation seeks to answer these questions. It offers an empirical study to determine whether a diversion variant within the informal settlements of the German JGG yields superior results in terms of special prevention and procedural economics. Based on these insights, the dissertation formulates a diversion guideline that makes the advantages of a juvenile court hearing available to diversion proceedings and, at the same time, bridges the gap between the requirements of science and the possibilities of practice.

scholarly journals 知情同意臨床實踐中倫理學技術研究

2002 ◽  
Vol 4 (2) ◽  
pp. 38-48
Author(s):  
Guobin CHENG
Keyword(s):  
Clinical Practice ◽  
Informed Consent ◽  
Logical Consequence ◽  
Field Research ◽  
Fundamental Rights ◽  
Self Determination ◽  
Cultural Traditions ◽  
Digital Commons ◽  
The Right ◽  
Theoretical Issues

LANGUAGE NOTE | Document text in Chinese; abstract also in English.具體實踐中的知情同意是一種倫理學技術，注重利用現有的文化傳統、理論資源和法律工具，合理有效地分析問題、解決問題，強調它作為體現對病人基本權利的尊重和調節醫患關係手段的作用。在民主社會，知情同意乃是建立醫患權責餘的必要條件。知情同意來自於醫療活動的自發秩序：醫患雙方通過知情同意活動，明確醫療活動中雙方的權利和責任界限，進行有成效的醫療實踐。知情同意既是對基本人權的尊重，又是確保雙方責任的工具。具體實踐中的知情同意，提供一種促進多種價值觀和平共存、通過學習和對話實現平衡的運行機制，在社會整體利益優先與個人最基本權利不可侵犯的框架下滿足雙方不同的價值需求。臨床“知情同意”活動的目的在於：促進患者自主權的行使；明晰醫療活動中的權責關係，在合法限度內為醫療活動的正常進行提供保護。實踐中追求資訊的“充分”取決於患方要求的“主觀的充分”。臨床醫療活動中，醫方要不斷提高患方知情的充分程度。隨著知情程度的增加，患方自主程度隨之自動上升。目前關於“知情向意”的理論研究中，缺少對知情同意的狀況、分佈及相關因素的實地調查和量化分析，研究多集中在道德、文化理論上，實踐策略的指導意義不強。應當把知情同意視作貫穿於整個臨床醫療活動的一個連續的整體。要關注本社區成員的文化和心理結構的特殊性，從本社區歷史特點出發，建立本社區知情同意情況的常規模式和量化標準。還應當設計臨床知情同意調查制度，作為醫方制定知情同意策略的依據，同時又可作為說明醫療活動發生的真實過程的法律檔。Informed consent is an ethical technique which emphasizes using the existing cultural traditions, theoretical resources and legal instruments to analyze and solve the problems reasonably and effectively. Informed consent can thus play a significant role in adjusting the relationship between patients and physicians. As an ethical technique, it focuses on the method of applying various ethical resources and not simply on the combination of the logical consequence and criteria. In a democratic society, informed consent is a necessary requirement for the right-duty relationship between patients and physicians. Informed consent is seen as a prerequisite obligation to physicians and implies certain rights for patients. Patients and physicians are bound by informed consent so that they are able to "trade" equally. Informed consent is not only a means to confirming the property rights but also a tool of reducing the costs of "trade". In practice, informed consent helps to promote and achieve the peaceful co-existence of pluralistic values. It can do so by learning and having conversations with the other sides so that different parties can satisfy under the framework which gives priority to the total interests of society and guarantees the fundamental rights of individuals.The aims of informed consent in clinical practice are to promote the self-determination of patients and to clarify rights and duties in medical activities. In practice, the sufficiency of information depends on the subjective sufficiency of patients. Physicians should ensure that the patient comprehend the information and follow the appropriate procedure to manage and supervise. The most active method for physician to take is to increase the degree of informational sufficiency. The degree of the patient's self-determination increases accordingly with the increase of informational sufficiency. Their relationship can be described by a curve like "S".The current studies on informed consent in China lack the empirical data from field research. Most studies focus on the theoretical issues of morality and culture. As a result, research results are hardly applicable in clinical practice. Informed consent should a holistic entity in clinical practice. We should pay more attention to the specificity of the cultural and psychological structure of members of every community. We should establish the ordinary model and criteria of informed consent in the particular community. We should also design an applicable and legally-bond system of informed consent to regulate clinical practice.DOWNLOAD HISTORY | This article has been downloaded 13 times in Digital Commons before migrating into this platform.

scholarly journals Does Deportation Infringe Rights?

2021 ◽  
Vol 19 (3) ◽  
Author(s):  
Kaila Draper
Keyword(s):  
Correct Answer ◽  
The State ◽  
Freedom Of Movement ◽  
Foreign State ◽  
Open Borders ◽  
The Right ◽  
International Border ◽  
Theoretical Issues

Many of those who argue that a state has the right to control its borders claim that, barring exceptional circumstances, the migrant who illegally enters a foreign state thereby infringes the state’s right to decide whom to admit to its territory. If they are correct, then the state enforces rights that the migrant infringes when it deports the migrant who has illegally crossed an international border. By contrast, proponents of “open borders” typically deny that a state has the right to exclude noncitizens from its territory. Many of them argue that, barring exceptional circumstances, the process of deportation is an infringement of the migrant’s right to freedom of movement. On this view, deportation infringes rather than enforces rights. The aim of this paper is not to determine which side in this debate has the correct answer to the question of whether deportation enforces rights or infringes them. Rather its more modest aim is to point the discussion of this question in the right direction, partly by arguing that certain prominent approaches to finding an answer cannot succeed, and partly by identifying some of the theoretical issues that cannot be avoided if a defensible answer is to be found.

scholarly journals Pelaksanaan Peradilan In Absentia dalam Penanganan Tindak Pidana Korupsi dikaitkan dengan Hak Asasi Manusia (HAM)

2020 ◽  
pp. 16-35
Author(s):  
Sayyid Umar Al Masyhur ◽  
Tjokorda Istri Kumari Maharatu Pemayun ◽  
Luh Putu Rahayu Gita Pertiwi ◽  
Komang Giri Arta
Keyword(s):  
Human Rights ◽  
Secondary Data ◽  
Judicial Process ◽  
Running Away ◽  
Library Research ◽  
Pros And Cons ◽  
Using Data ◽  
The Right ◽  
Court Hearing ◽  
Collection Methods

Justice in absentia In the criminal act of corruption has been the pros and cons to date, there is an assumption that the trial in absentia is a violation of human rights because it is related to the human rights of the accused as a human being who has the right to defend himself in court, on the other hand the trial in absentia can be carried out as long as the defendant is completely unknown so that he cannot be present at the trial hearing due to running away (fugitive). This paper discusses the implementation of justice in absentia in the handling of criminal acts of corruption associated with human rights in efforts to save state finances, this study aims to determine whether the trial process of a court hearing a defendant can be sentenced to a criminal sentence by a judge without the defendant himself being present. a judicial process in absentia. The research method used is normative research using data collection methods, namely library research (library research) by searching, reading and studying and understanding secondary data related to the problem under study. The results of this study indicate that trials in absentia can be implemented and do not violate human rights as long as they are implemented through correct procedures and based on statutory provisions. The in absentia trial aims to break the impasse in examining defendants who are not present at the trial and efforts to save state finances, both those that have been corrupted and those that are still suspected of having something to do with corruption cases, both those that have been confiscated and those that have not been confiscated to be confiscated for the state through a court decision.

Transformation Through Tenure? The Early Purchasers of Council Houses 1968–1973

1991 ◽  
Vol 20 (1) ◽  
pp. 1-25 ◽  
Author(s):  
Ray Forrest ◽  
Alan Murie
Keyword(s):  
Research Evidence ◽  
Political Orientation ◽  
Substantial Evidence ◽  
Short Term ◽  
New Research ◽  
The Right ◽  
And Control ◽  
The Impact ◽  
Theoretical Issues ◽  
Right To Buy

ABSTRACTThe sale of council dwellings under the right to buy has been a prominent feature of the privatisation policies of the Thatcher governments. The impact of such changes in the ownership and control of dwellings remains a subject of considerable debate. Whilst there is now substantial evidence on the short term effects of council house sales, the longer term impacts on dwellings and households have largely been a matter for speculation. This paper explores some of the central policy and theoretical issues through new research evidence on dwellings sold by local authorities in the late sixties and early seventies. In particular it focuses on what has happened to households and dwellings since privatisation, the political orientation of those households and on attitudes towards and experiences of state provision. In general it presents a picture of continuity and stability rather than dramatic change and transformation following privatisation.

Archaeological Data Banks in Theory and Practice

1976 ◽  
Vol 41 (1) ◽  
pp. 89-96 ◽  
Author(s):  
Sandra Scholtz ◽  
Robert G. Chenhall
Keyword(s):  
Computer System ◽  
Data Structures ◽  
Data Bank ◽  
Theory And Practice ◽  
Archaeological Data ◽  
The Right ◽  
Theoretical Issues ◽  
Data Banks

Although archaeologists have experimented with computers since the early 1960s, with a few exceptions, the concept of an archaeological data bank has not been readily accepted. The authors believe that data banks can be usable tools, but that they will be used only if they are designed to satisfy realistic and precisely defined needs, and only if adequate consideration is given to data structures, human problems, and theoretical issues. Just finding the right computer system is not enough.

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