FAILURE TO DISCLOSE MATERIALS OF PRE-TRIAL INVESTIGATION TO THE OTHER PARTY AS POSSIBLE BASIS FOR PRONOUNCING DATA FROM OPEN PROCEDURAL DOCUMENTS TO BE INADMISSIBLE EVIDENCE IN CRIMINAL PROCEEDING

2019 ◽  
pp. 69-80
Author(s):  
Iryna Basysta ◽  
Keyword(s):  
The Other ◽  
Criminal Proceeding ◽  
Inadmissible Evidence

THE "JURIDICAL DIALOGUE": A LITERARY-JUDICIAL PATTERN

2003 ◽  
Vol 53 (4) ◽  
pp. 445-464
Author(s):  
Asnat Bartor
Keyword(s):  
The Other ◽  
Criminal Proceedings ◽  
Criminal Proceeding ◽  
The Bible ◽  
Judicial Proceedings ◽  
The One

AbstractSeveral passages in the Bible explicitly describe "institutional" judicial proceedings. This study, however, focuses on eight passages which were not "declared" to be trials by their authors; nonetheless, their content, language, and apparent intentions indicate an attempt to convey the character of a juridical criminal proceeding. Close examination of the texts reveals a recurrent literary pattern, and as these texts are dialogues, this pattern is termed the "juridical dialogue". The first part of the study presents the characteristics of the juridical dialogue, by drawing a parallel between the phases of the juridical criminal proceedings, on the one hand, and the linguistic formulations used in the literary pattern, on the other. The second part focuses on the link between human dialogue and juridical proceedings; the features of a specific human discourse, the nature of which is judicial, are examined by applying sociolinguistic criteria.

INADMISSIBLE EVIDENCE: THE TRIAL OF MADELEINE SMITH AND COLLINS'STHE LAW AND THE LADY

2016 ◽  
Vol 44 (1) ◽  
pp. 163-188
Author(s):  
Sara Murphy
Keyword(s):  
Literary Text ◽  
The Other ◽  
Linguistic Meaning ◽  
Search For Meaning ◽  
Absolute Truth ◽  
Inadmissible Evidence ◽  
Other Hand ◽  
Symbolic Understanding

“A trial and a literary text,”Shoshana Felman once noted, “do not aim at the same kind of conclusion, nor do they strive toward the same kind of effect. A trial is presumed to be a search for truth, but technically it is a search for a decision; and thus. . . it seeks not truth but finality: a force of resolution.” Literature, on the other hand, Felman posits, is characterized by “a search for meaning. . . for heightened significance, for symbolic understanding” (Felman 55). Trials function to curb the proliferation of meanings in favor of finality, if not absolute truth, whereas literature allegedly forgoes such determinacy. A corollary of this distinction has to do with language itself: while law seeks to fix linguistic meaning, literature draws attention to the inherent instability of meaning.

scholarly journals RELEVANCE AND RELIABILITY OF AN EXPERT CONCLUSION AS A CRITERIA FOR EVALUATING FORENSIC EXAMINATION

2020 ◽  
Vol 22 (2) ◽  
Author(s):  
D. Puchko
Keyword(s):  
Forensic Science ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Expert Report ◽  
Inadmissible Evidence ◽  
Forensic Examination ◽  
The Future ◽  
Fundamental Law ◽  
Forensic Expert

Based on the analysis of special literature, regulations and forensic expert practice, the article considers the main provisions related to formation of criteria for evaluating a forensic expert report as a source of evidence in terms of their relevance and admissibility. Arguments are provided regarding the fact that if objects investigated by a forensic expert or solved tasks do not relate to materials of criminal proceedings, then, accordingly, a forensic expert report should be recognized as an irrelevant source of evidence. When assessing admissibility of a forensic expert report, it is crucial to establish whether a forensic examination was appointed and conducted in accordance with the procedural order. Such an evaluation criterion is supported by regulations of Article Four of the Fundamental Law of Ukraine: “On Forensic Science”, according to which independence of a forensic expert and validity of his findings are ensured by the procedure for appointing a forensic expert determined by law. It is argued that calling on a forensic expert as a witness for the purpose of clarifying and supplementing his report may lead to his withdrawal from the criminal process by means of recusal. An expert who has conducted forensic examination, interrogated as a witness, will not be able to participate in this criminal proceeding as a forensic expert in the future. If a forensic expert interrogated as a witness will carry out, for example, an additional forensic examination in this criminal proceeding in the future, then it may be recognized as inadmissible evidence, since it was conducted by a witness in this criminal proceeding, which is prohibited by law. That is, based on the regulations of the current criminal procedural legislation of Ukraine, a forensic expert can provide clarifications on the issues of forensic examination carried out by him in criminal proceedings only as a forensic expert and not as a witness.

Stromatoporoids from the Famennian (Devonian) Wabamun Formation, Normandville oilfield, north–central Alberta, Canada

1988 ◽  
Vol 62 (03) ◽  
pp. 411-419 ◽  
Author(s):  
Colin W. Stearn
Keyword(s):  
Patch Reef ◽  
Abundant Species ◽  
The Other ◽  
North Central ◽  
Biotic Crisis

Stromatoporoids are the principal framebuilding organisms in the patch reef that is part of the reservoir of the Normandville field. The reef is 10 m thick and 1.5 km2in area and demonstrates that stromatoporoids retained their ability to build reefal edifices into Famennian time despite the biotic crisis at the close of Frasnian time. The fauna is dominated by labechiids but includes three non-labechiid species. The most abundant species isStylostroma sinense(Dong) butLabechia palliseriStearn is also common. Both these species are highly variable and are described in terms of multiple phases that occur in a single skeleton. The other species described areClathrostromacf.C. jukkenseYavorsky,Gerronostromasp. (a columnar species), andStromatoporasp. The fauna belongs in Famennian/Strunian assemblage 2 as defined by Stearn et al. (1988).

D. The Line Spectrum of Pulsating Variable Stars

1967 ◽  
Vol 28 ◽  
pp. 207-244
Author(s):  
R. P. Kraft
Keyword(s):  
Variable Stars ◽  
The Other ◽  
Line Spectrum ◽  
Afternoon Session ◽  
Empirical Information ◽  
Pulsating Variable Stars ◽  
Almost Continuous ◽  
Informal Approach

(Ed. note:Encouraged by the success of the more informal approach in Christy's presentation, we tried an even more extreme experiment in this session, I-D. In essence, Kraft held the floor continuously all morning, and for the hour and a half afternoon session, serving as a combined Summary-Introductory speaker and a marathon-moderator of a running discussion on the line spectrum of cepheids. There was almost continuous interruption of his presentation; and most points raised from the floor were followed through in detail, no matter how digressive to the main presentation. This approach turned out to be much too extreme. It is wearing on the speaker, and the other members of the symposium feel more like an audience and less like participants in a dissective discussion. Because Kraft presented a compendious collection of empirical information, and, based on it, an exceedingly novel series of suggestions on the cepheid problem, these defects were probably aggravated by the first and alleviated by the second. I am much indebted to Kraft for working with me on a preliminary editing, to try to delete the side-excursions and to retain coherence about the main points. As usual, however, all responsibility for defects in final editing is wholly my own.)

C. The Continuous Spectrum of Pulsating Variable Stars

1967 ◽  
Vol 28 ◽  
pp. 177-206
Author(s):  
J. B. Oke ◽  
C. A. Whitney
Keyword(s):  
Continuous Spectrum ◽  
Variable Stars ◽  
Velocity Fields ◽  
The Other ◽  
Line Spectrum ◽  
Direct Information ◽  
Thermodynamic Structure ◽  
Diagnostic Interpretation ◽  
Pulsating Variable Stars ◽  
The Continuum

Pecker:The topic to be considered today is the continuous spectrum of certain stars, whose variability we attribute to a pulsation of some part of their structure. Obviously, this continuous spectrum provides a test of the pulsation theory to the extent that the continuum is completely and accurately observed and that we can analyse it to infer the structure of the star producing it. The continuum is one of the two possible spectral observations; the other is the line spectrum. It is obvious that from studies of the continuum alone, we obtain no direct information on the velocity fields in the star. We obtain information only on the thermodynamic structure of the photospheric layers of these stars–the photospheric layers being defined as those from which the observed continuum directly arises. So the problems arising in a study of the continuum are of two general kinds: completeness of observation, and adequacy of diagnostic interpretation. I will make a few comments on these, then turn the meeting over to Oke and Whitney.

Observing programme for the 24-inch/36-inch Schmidt telescope

1966 ◽  
Vol 24 ◽  
pp. 337
Author(s):  
W. Iwanowska
Keyword(s):  
The Other ◽  
Schmidt Telescope ◽  
Flint Glass

A new 24-inch/36-inch//3 Schmidt telescope, made by C. Zeiss, Jena, has been installed since 30 August 1962, at the N. Copernicus University Observatory in Toruń. It is equipped with two objective prisms, used separately, one of crown the other of flint glass, each of 5° refracting angle, giving dispersions of 560Å/mm and 250Å/ mm respectively.

A hard choice for Tomasello

2020 ◽  
Vol 43 ◽  
Author(s):  
Philip Pettit
Keyword(s):  
Joint Action ◽  
The Other ◽  
Hard Choice ◽  
Margaret Gilbert ◽  
Michael Bratman ◽  
Human Sense ◽  
Sense Of Obligation

Abstract Michael Tomasello explains the human sense of obligation by the role it plays in negotiating practices of acting jointly and the commitments they underwrite. He draws in his work on two models of joint action, one from Michael Bratman, the other from Margaret Gilbert. But Bratman's makes the explanation too difficult to succeed, and Gilbert's makes it too easy.

A study of cometary eruptions through OH radio-lines

1999 ◽  
Vol 173 ◽  
pp. 249-254
Author(s):  
A.M. Silva ◽  
R.D. Miró
Keyword(s):  
Short Duration ◽  
Growth Curves ◽  
The Other ◽  
Initial Mass ◽  
Radio Lines ◽  
Other Hand ◽  
Sudden Rise

AbstractWe have developed a model for theH2OandOHevolution in a comet outburst, assuming that together with the gas, a distribution of icy grains is ejected. With an initial mass of icy grains of 108kg released, theH2OandOHproductions are increased up to a factor two, and the growth curves change drastically in the first two days. The model is applied to eruptions detected in theOHradio monitorings and fits well with the slow variations in the flux. On the other hand, several events of short duration appear, consisting of a sudden rise ofOHflux, followed by a sudden decay on the second day. These apparent short bursts are frequently found as precursors of a more durable eruption. We suggest that both of them are part of a unique eruption, and that the sudden decay is due to collisions that de-excite theOHmaser, when it reaches the Cometopause region located at 1.35 × 105kmfrom the nucleus.

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