scholarly journals Procedural Mistakes of a Judicial Motor Technical Examination and Physical Evidence: The Link and Probable Consequences in Court

2021 ◽  
Vol 1 ◽  
pp. 44-48
Author(s):  
Evgeniy A. Tarasov ◽  
Keyword(s):  
Physical Evidence ◽  
Technical Examination ◽  
Judicial Errors ◽  
Technical Features ◽  
Different Origins ◽  
The Impact ◽  
Material Evidence ◽  
External Reasons

This article contains examples of procedural errors in expert actions, practical nuances that can affect the quality and results of the examination, the subtleties of preparation for the study in terms of interaction between the bodies of inquiry, investigation and court with experts. Procedural errors in the implementation of expert judicial research of materials presented as material evidence may have different origins — from the technical features of the examination and the level of expertise of the expert to external reasons caused by the imperfection of the system of interaction between investigative and expert units. The author is interested in the aspect of a broad topic — the impact of expert activity on the likelihood of investigative and judicial errors and the possibility of codification of certain provisions and changes in legislation, allowing to adjust the powers of experts in a specific, unambiguously interpreted framework. Typical examples of procedural expert errors are given.

The Societal Cost of the Exclusionary Rule: An Empirical Assessment

1983 ◽  
Vol 8 (3) ◽  
pp. 585-609 ◽  
Author(s):  
Peter F. Nardulli
Keyword(s):  
Plea Bargaining ◽  
Social Benefits ◽  
Search And Seizure ◽  
Criminal Courts ◽  
Exclusionary Rule ◽  
Societal Costs ◽  
Physical Evidence ◽  
Using Data ◽  
First Offenders ◽  
The Impact

A key criticism that has emerged in the debate over the search and seizure exclusionary rule is that it exacts heavy societal costs in the form of lost prosecutions and that such costs outweigh any demonstrated social benefits. This article examines the costs of three exclusionary rules using data collected for 7,500 cases in a nine-county study of criminal courts in three states. It emphasizes motions to suppress physical evidence but for comparative purposes also includes motions to suppress confessions and identifications. The results show that the various exclusionary rules exact only marginal social costs. Motions to suppress physical evidence are filed in fewer than 5% of the cases, largely drug and weapons cases, while serious motions to suppress identifications and confessions are filed in 2% and 4% of the cases. The success rate of motions to suppress is equally marginal. Successful motions to suppress physical evidence occur in only 0.69% of the cases, while successful motions to suppress identifications or confessions occur much less often. Moreover, not all who successfully suppressed evidence escaped conviction, especially when only an identification or a confession was suppressed. In all, only 46 cases—less than 0.6% of the cases studied—were lost because of the three exclusionary rules combined, most of them involving offenses that would have incurred less than six months’ imprisonment or first offenders. Finally, the impact of unsuccessful motions on subsequent plea bargaining was found to be marginal; only unsuccessful motions to exclude confessions resulted in any real sentencing concessions.

scholarly journals The Impact of Dietary Compounds in Functional Foods on MicroRNAs Expression

2021 ◽  
Author(s):  
Wittaya Chaiwangyen
Keyword(s):  
Messenger Rna ◽  
Positive Impact ◽  
Biologically Active ◽  
Transcriptional Gene Silencing ◽  
Cellular Mirnas ◽  
Rna Molecules ◽  
Post Transcriptional Gene Silencing ◽  
Molecular Machinery ◽  
Different Origins ◽  
The Impact

MicroRNAs (miRNAs) are a class of non-coding endogenous RNA molecules that are involved in post-transcriptional gene silencing via binding to their target messenger RNA, leading to mRNA degradation or translational repression. MicroRNAs can be modulated by several factors including hormones, transcription factors, and dietary compounds. These biologically active compounds have positive impact on the progression of human pathology including non-communicable diseases, which indicating that administration of diet may have potential as therapeutic agents in modulating the risk of chronic diseases. Interestingly, evidence emerging in recent years suggests that dietary miRNAs can be absorbed in human circulation, modulated human gene expression and biological functions. The exploitation of the miRNA functioning within different origins, cellular miRNAs and dietary miRNAs will help us to understand the molecular machinery as well as the regulatory mechanisms involved in fundamentally important biological processes. Therefore, this knowledge may be applied of natural bioactive compounds in preventive or therapeutic approaches.

scholarly journals Kekuatan Pembuktian Wasiat Di Bawah Tangan dan Ratio Legis Putusan Pengadilan Negeri Bitung Nomor 43/Pdt.G/2015/PN.Bit. tentang Jual Beli Tanpa Adanya Bukti Tertulis

2020 ◽  
Vol 5 (2) ◽  
pp. 369
Author(s):  
Inca Nadya Damopolii ◽  
R. Imam Rahmat Sjafi’i
Keyword(s):  
Research Method ◽  
Customary Law ◽  
Court Decision ◽  
District Court ◽  
Witness Testimony ◽  
Physical Evidence ◽  
Legal Consideration ◽  
Material Evidence ◽  
Laws And Regulations ◽  
Legal Force

This study aimed to analyze the force of private testament proofing and the judge's consideration in the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. about sale without any written evidence. The study used a normative research method with a statutory approach and a case approach. The results showed the power of private testament regarding the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. is strong, judging from the power of physical evidence, the power of formal evidence, and the power of material evidence. However, the sale carried out between the plaintiff and the defendant which was not in the presence of the Land Deed Official had weak legal force because it was not in accordance with the prevailing laws and regulations. In their legal considerations, judges used the principle of sale customary law only, namely light and cash, and witness testimony de auditu as evidence. This legal consideration was deemed inappropriate because it was against the Basic Agrarian Law and in general the witness testimony de auditu was rejected as evidence.

scholarly journals Disparity of time-contrast curves generated by various types of power injectors used in magnetic resonance imaging

2020 ◽  
Vol 10 (1) ◽  
Author(s):  
Marcus Doppler ◽  
Ewald Moser ◽  
Uros Klickovic ◽  
Christian Nasel
Keyword(s):  
Quality Criteria ◽  
High Volume ◽  
Line System ◽  
Injection Power ◽  
Injection Mechanism ◽  
Pump Mechanism ◽  
Technical Features ◽  
Time Critical ◽  
The Impact ◽  
Clinical Mri

Abstract The profiles of time-contrast (TC) -curves from popular MRI injectors derived at the injection site of the attached tube-line system were compared. Variations of TC-profiles were previously reported to potentially influence image quality in time critical MRI measurements. TC-curves from five injectors obtained during commonly used injection protocols were assessed according to representative quality criteria: (1) correlation strength between a fitted boxcar function and the TC-curve (cBCF) and (2) difference between true and expected injection time (dBIT). Additionally, the impact from technical injector properties: pump type, line volume, maximum injection power and type of contrast medium (CM) on the TC-profiles was evaluated. Injectors using a piston-syrinx (PS) mechanism for CM-injection performed significantly better than those working with a peristaltic roller pump (RP) technique. Besides injection mechanism, line filling volume showed a strong influence on the final TC-curves, where larger filling volumes induced worse cBCF- and dBIT-results. Therefore, to achieve an optimal bolus in clinical MRI use of a PS-injector seems recommendable. Besides their pump mechanism, RP-injectors appeared additionally hampered by their high volume line systems, pointing out an unfavourable coinicidence of these technical features in RP-injectors. This should be considered, particularly, in comparative or time-critical MRI-studies.

scholarly journals Planetary Trojans – the main source of short period comets?

2010 ◽  
Vol 9 (4) ◽  
pp. 227-234 ◽  
Author(s):  
J. Horner ◽  
P. S. Lykawka
Keyword(s):  
Solar System ◽  
Short Review ◽  
Oort Cloud ◽  
Asteroid Belt ◽  
Exoplanetary Systems ◽  
Short Period ◽  
Proximate Source ◽  
Different Origins ◽  
Near Earth Asteroids ◽  
The Impact

AbstractOne of the key considerations when assessing the potential habitability of telluric worlds will be that of the impact regime experienced by the planet. In this work, we present a short review of our understanding of the impact regime experienced by the terrestrial planets within our own Solar system, describing the three populations of potentially hazardous objects which move on orbits that take them through the inner Solar system. Of these populations, the origins of two (the Near-Earth Asteroids and the Long-Period Comets) are well understood, with members originating in the Asteroid belt and Oort cloud, respectively. By contrast, the source of the third population, the Short-Period Comets, is still under debate. The proximate source of these objects is the Centaurs, a population of dynamically unstable objects that pass perihelion (closest approach to the Sun) between the orbits of Jupiter and Neptune. However, a variety of different origins have been suggested for the Centaur population. Here, we present evidence that at least a significant fraction of the Centaur population can be sourced from the planetary Trojan clouds, stable reservoirs of objects moving in 1:1 mean-motion resonance with the giant planets (primarily Jupiter and Neptune). Focussing on simulations of the Neptunian Trojan population, we show that an ongoing flux of objects should be leaving that region to move on orbits within the Centaur population. With conservative estimates of the flux from the Neptunian Trojan clouds, we show that their contribution to that population could be of order ~3%, while more realistic estimates suggest that the Neptune Trojans could even be the main source of fresh Centaurs. We suggest that further observational work is needed to constrain the contribution made by the Neptune Trojans to the ongoing flux of material to the inner Solar system, and believe that future studies of the habitability of exoplanetary systems should take care not to neglect the contribution of resonant objects (such as planetary Trojans) to the impact flux that could be experienced by potentially habitable worlds.

scholarly journals Identifying the Impact of Strategic Alliances on the Performance of SMEs (Case Study: The Industry of Automotive Parts Manufacturers in Iran)

2017 ◽  
Vol 10 (6) ◽  
pp. 227 ◽  
Author(s):  
Kambiez Talebi ◽  
Jahangir Yadollahi Farsi ◽  
Hamideh Miriasl
Keyword(s):  
Strategic Alliances ◽  
Structural Equation ◽  
Structural Model ◽  
Reliability And Validity ◽  
Measurement Model ◽  
Equation Modeling ◽  
Innovative Capabilities ◽  
Automotive Parts ◽  
Technical Features ◽  
The Impact

This study has investigated the effects of strategic alliances on the performance of small and medium sized enterprises (SMEs) of the industry of automotive parts manufacturers. Questionnaires have been distributed among 400 senior managers of SMEs of the industry of auto parts manufacturers based on stratified random sampling. The data has been analyzed using structural equation modeling software and PLS2 software in two segments of measurement model and structural model. In the first segment, technical features of the questionnaire were tested in terms of reliability and validity. Moreover, in the second segment, t-test was used to test research hypotheses. The results show that there is a significant and positive relationship between the dimensions of strategic alliances, including new opportunities, entrepreneurial and innovative capabilities, social capital, and internationalization of business, and competitive advantage with the performance of SMEs.

scholarly journals A Review of the Multi-Physical Characteristics of Plant Aggregates and Their Effects on the Properties of Plant-Based Concrete

2021 ◽  
Vol 03 (02) ◽  
pp. 1-1
Author(s):  
Herinjaka Haga Ratsimbazafy ◽  
◽  
Aurélie Laborel-Préneron ◽  
Camille Magniont ◽  
Philippe Evon ◽  
...  
Keyword(s):  
Particle Size ◽  
Building Materials ◽  
Physical And Mechanical Properties ◽  
Absorption Capacity ◽  
Construction Sector ◽  
Characterization Methods ◽  
Formulation Parameters ◽  
Hemp Shiv ◽  
Different Origins ◽  
The Impact

The use of plant aggregates obtained from agricultural co-products mixed with mineral binders to form eco-friendly insulating building materials has been initiated for a few years to bring environmentally friendly solutions to the construction sector. Several studies on different agro-resources have already been carried out, providing various information about the properties of plant aggregates and plant-based concrete. However, the characteristics of the agricultural co-product, which allow it to qualify as a plant aggregate for plant-based concrete, are not yet very clear despite the multitude of data, especially on hemp concrete. Therefore, it is important to gather numerous but very disparate pieces of information available in the literature concerning the properties of plant aggregates and their correlations with composites. This review is based on the results of 120 articles and aims to identify the characterization methods and the multi-physical properties of plant aggregates affecting those of plant-based concrete and to propose additional factors that could influence the properties of the composites. A total of 18 plant aggregates of different origins used for plant-based concrete have been listed in the literature. In France, hemp shiv is the most studied one, but its quantity is quite low unlike cereal or oilseed straws and wood transformation residues. With the existence of several characterization methods, properties like microstructure, particle size distribution, bulk density, water absorption capacity, and chemical composition of aggregates are easily and frequently determined. In contrast, data on the apparent density of particles, the skeleton density, and the hygro-thermal properties of aggregates are rare. The particle size, density, and porosity have been identified as important parameters influencing the properties of the composites. Other parameters related to the behavior of the aggregates under wet compaction and compression of their stacking can also predict the physical and mechanical properties of the obtained plant-based concrete. Dosages of the constituents should be preferred as formulation parameters for future studies assessing the impact of the aggregate properties on the composites.

scholarly journals Treating Museum Objects as Text: A Case Study

2018 ◽  
Vol 49 (4) ◽  
pp. 91-96
Author(s):  
Kirsten Hebert
Keyword(s):  
Medical Instrument ◽  
Primary Source ◽  
Source Material ◽  
Patient Relationship ◽  
Museum Collections ◽  
Technical Aspects ◽  
History Of ◽  
The Impact ◽  
Material Evidence

Medical instrument collections are neglected primary source material that can be used to produce original scholarship on thehistory of medicine and the history of optometry. Opening museum collections and associated archives to researchers allowscollections managers to simultaneously address curatorial backlogs, facilitate research, and provide a foundation for craftingpublic-facing exhibits. In order to add to the historiography, research should not only focus on the technical aspects of theinstruments, but also employ theory to examine of the meaning of the objects in context. In this way, objects can be a vehicle forunderstanding broader themes in the history of medicine and reveal their utility as material evidence of the impact of medicineon society and culture. This two-part article includes a historiography of ophthalmic instruments and a case study in which an assemblage of ophthalmometers in the Archives & Museum of Optometry collection are treated as “text” to explore the nature of power in the doctor-patient relationship in early optometry.

scholarly journals Impact Of Service Marketing On Student Decisions

2021 ◽  
Vol 7 (2) ◽  
pp. 48-68
Author(s):  
Onsardi ◽  
Kiki Wulandari ◽  
Meilaty Finthariasari ◽  
Ade Tiara Yulinda
Keyword(s):  
Random Sampling ◽  
Quantitative Methods ◽  
Service Marketing ◽  
Sampling Technique ◽  
Location Factors ◽  
Physical Evidence ◽  
Negative Effect ◽  
Process Factors ◽  
The Impact ◽  
Analyze Data

This research aims to determine the impact of service marketing on student decision-making to decide on the choice of the Faculty of Economics and Business of Muhammadiyah University of Bangkulu. This study uses quantitative methods. In this study, the population was all students of the School of Economics and Business of Muhammadiyah Bengkulu University, a total of 1,606 people, and 161 respondents were selected as a sample. The sampling technique uses proportional random sampling. Use questionnaires to collect data. Multiple linear regression is used as a way to analyze data. The conclusion of the research results proves that service marketing has had an impact on students' decision to choose the Faculty of Economics and Business of Muhammadiyah University. Product factors have a positive and significant effect on student decisions. This price factor in the form of SPP has a negative effect. Promotion factors have a positive and significant effect. Location factors are positive and significant. HR factors have a positive and significant effect. Meanwhile, process factors have no effect on student decision. The physical evidence factor has a positive and significant effect on student decisions to choose the Faculty of Economics and Business, Muhammadiyah University of Bengkulu.

scholarly journals The Impact of Physical Evidence in Service Delivering as Marketing Tools that Foreseen Profitability for Private Universities in Nigeria

2020 ◽  
Vol 1 (1) ◽  
pp. 14-18
Author(s):  
Maryam Yusuf ◽  
Norhilmi Muhammad ◽  
Ibrahim Yahaya Suleiman
Keyword(s):  
Service Quality ◽  
Market Share ◽  
Significant Influence ◽  
Private Universities ◽  
Service Marketing ◽  
Private University ◽  
Marketing Mix ◽  
Physical Evidence ◽  
The Impact ◽  
Students Satisfaction

This study aimed to analyze the influence of physical evidence in service marketing mix and how it reflect on it profitability and won the market share among their competitors, it also highlight how physical evidence reflects on service quality and students satisfaction in Nigerian private Universities. This study took 20 universities as samples with a stratified random sampling. 500 questionnaires were used for the research purpose, were each university was given 25 questionnaires.  The results Agreed with hypothesis one (HI) variables  that said that physical evidence is significantly associated with market share of private university, while its disagree with the (H0 )that said physical evidence is not significantly associated with the market share of the private universities, the research also agreed on the second (HI) physical evidence is significantly associated with profitability of the private universities in Nigeria (H0)  This research disagreed with the null hypothesis that physical evidence is not associated with the profitability of the private Universities in Nigeria and the success of every private university is to satisfy the need and want of their student, which is being achieved through service quality that had strong influence on students’ satisfaction in Nigerian private Universities. Physical evidence had significant influence in service marketing and service quality had significant influence on student’s satisfaction.

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