PUENTES ENTRE LOS HECHOS Y EL DERECHO APLICABLE EN LA VERIFICACIÓN PROBATORIA: ESTANDAR Y VALORACIÓN DE LA PRUEBA

2021 ◽  
Vol 29 (116) ◽  
pp. 1-25
Author(s):  
Álvaro Pérez Ragone
Keyword(s):  
Decision Makers ◽  
Legal Argumentation ◽  
Criminal Process ◽  
Standard Of Proof ◽  
Legal Standards ◽  
Standards Of Proof ◽  
The Subject ◽  
Per Se ◽  
Basic Minimum ◽  
Evidentiary Standard

The legal argumentation on controversial facts deals with the evidence that allows reaching a precise verdict on the facts. The evidence is necessary to support the factual assertions made by the parties and the conclusions of fact made by the decision makers. But the test per se does not yield verdicts. The evidence must be evaluated and whoever decides must consider whether or not it satisfies a basic minimum to consider a fact proven, if it meets a standard of proof. Much work has been done on the subject of legal standards of proof. Legal argumentation theorists, evidence scholars, civil and criminal process scholars, among others, have extensively addressed this issue. Some of them have made an analytical effort to clarify the idea of an evidentiary standard; others have done descriptive work to understand how the standards actually work; Others have done a kind of normative work in the hope of suggesting better or at least better defined standards; and the best contributions to the debate do more than one of these things at the same time.

FUNCTIONING OF THE MENTAL DEFENSES IN THE CONDUCT OF INTERROGATION WITHIN THE CRIMINAL PROCESS

2018 ◽  
Vol 28 (6) ◽  
pp. 2161-2165
Author(s):  
Hristo Ivanov Popnikolov
Keyword(s):  
Objective Assessment ◽  
Critical Conditions ◽  
Criminal Process ◽  
External Influences ◽  
Administration Of Justice ◽  
Individual Protection ◽  
The Subject ◽  
The Individual ◽  
The Cost ◽  
Subjective Side

From the subject presented in the report it is evident that the pre-trial and the court bodies may, to some extent, be influenced both by the person of the accused and by his competence to participate in the criminal process. In this regard as an expert, the psychologist can offer invaluable assistance. Each expertise would assist all actors involved in the administration of justice on their objective assessment of the offenders, the understanding of their individual protection and the inherent self-justification during procedural actions. The involvement of psychologists in the criminal process is key to establishing the truth in the investigation, because every crime as an act has a subjective side, expressed in the psychic attitude of the perpetrator to the committed act. Establishing these psychological motives is a key point in the criminal process with a view to establishing the truth.Psychological protection stabilizes the personality in the critical conditions of counteraction, related to the elimination of the experiences of tension, anxiety, stress and frustration, leading to maximum mobilization of its resources and at the same time to their overpayment. Thus, the individual who is the subject of the process action is protected against the adverse external influences, but at the cost of a lot of effort and enormous loss of nervous-mental energy, which increases his own vulnerability instead of contributing to its reduction. The appearance and functioning of psychological protection can be significantly impeded by the interaction of the investigator with the accused. Even more complicated is the situation when it breaks the communication contact that may arise in the psychological alienation and self-isolation of the accused due to the desire to protect himself.Protective psychological dominance is a real psychic activity that investigators, investigators, investigators and judges need to take into account in order to effectively deal with their task and to overcome the resistance of the investigated persons and in a time to prove in a lawful and moral way their guilt and participation in the commitment of the crimes.

scholarly journals Shopping Centres, Cycling Accessibility and Planning—The Case of Nova Lund in Sweden

Urban Science ◽  
2020 ◽  
Vol 4 (4) ◽  
pp. 70
Author(s):  
Till Koglin ◽  
Lucas Glasare
Keyword(s):  
Conflicts Of Interest ◽  
Current Situation ◽  
Decision Makers ◽  
Power Structures ◽  
Literature Study ◽  
Shopping Centre ◽  
The Past ◽  
Whole Process ◽  
The Subject

This paper evaluates the history and cycling accessibility of Nova, a shopping centre established in Lund, Sweden, in 2002. The current situation was also analysed through observation and a literature review. Moreover, the study conducted a closer analysis of the history and role of the municipality based on further literature study and interviews with officials. The conclusion of the analysis indicates poor and unsafe bikeways caused by conflicts of interest between politicians, officials, landowners and the general public. It also depicts a situation in which the municipality’s master plan has been ignored, and, in contrast to the local goals, cycling accessibility at Nova has seen no significant improvement since the shopping centre was first established. The reasons for this, arguably, are a relatively low budget for bikeway improvements in the municipality, as well as a situation in which decision-makers have stopped approaching the subject, as a result of the long and often boisterous conflicts it has created in the past. Lastly, it must be noted that it is easy to regard the whole process of Nova, from its establishment to the current situation, as being symptomatic of the power structures between drivers and cyclists that still affect decision-makers at all levels.

scholarly journals Teaching Science in Today’s Society: The Case of Particle Physics for Primary Schools

Universe ◽  
2021 ◽  
Vol 7 (6) ◽  
pp. 169
Author(s):  
Cristina Lazzeroni ◽  
Sandra Malvezzi ◽  
Andrea Quadri
Keyword(s):  
Particle Physics ◽  
Primary Schools ◽  
Scientific Information ◽  
Decision Makers ◽  
Educational Institutions ◽  
The Public ◽  
The Past ◽  
Rapid Changes ◽  
The Subject ◽  
Ongoing Project

The rapid changes in science and technology witnessed in recent decades have significantly contributed to the arousal of the awareness by decision-makers and the public as a whole of the need to strengthen the connection between outreach activities of universities and research institutes and the activities of educational institutions, with a central role played by schools. While the relevance of the problem is nowadays unquestioned, no unique and fully satisfactory solution has been identified. In the present paper we would like to contribute to the discussion on the subject by reporting on an ongoing project aimed to teach Particle Physics in primary schools. We will start from the past and currently planned activities in this project in order to establish a broader framework to describe the conditions for the fruitful interplay between researchers and teachers. We will also emphasize some aspects related to the dissemination of outreach materials by research institutions, in order to promote the access and distribution of scientific information in a way suited to the different age of the target students.

scholarly journals SMARTIES Project: The Survey of Needs for Municipalities and Trainers for Smart Cities

Challenges ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 13
Author(s):  
George Xydis ◽  
Luca Pagliaricci ◽  
Živilė Paužaitė ◽  
Vygintas Grinis ◽  
Gyula Sallai ◽  
...  
Keyword(s):  
Public Sector ◽  
Smart Cities ◽  
Prior Experience ◽  
Environmental Awareness ◽  
General Concept ◽  
Decision Makers ◽  
The Public ◽  
Low Level ◽  
The Subject

In an aim to contribute to already existing knowledge upon the subject of smart cities and the public sector’s wider knowledge in Europe, this study investigates the perception by the municipalities and the wider public sector, responsible for implementing smart solutions in the environment. The understanding of the concept of smart cities/villages by municipalities is on a low level due to the fact that the problem is too wide, not well described, solutions even wider, accompanied by the lack of experts able to offer comprehensive solutions to municipalities. The study presents factors according to the current municipalities’ knowledge (environmental awareness, knowledge and prior experience) and the existing market, of whether these factors can be said that affect the acceptance of smart cities. The public is already aware of the smart cities as a general concept, however, the study sheds light upon the established knowledge that the decision makers have in five countries, Hungary, Slovakia, Italy, Lithuania, and Denmark.

scholarly journals Climate scientists set the bar of proof too high

2021 ◽  
Vol 165 (3-4) ◽  
Author(s):  
Elisabeth A. Lloyd ◽  
Naomi Oreskes ◽  
Sonia I. Seneviratne ◽  
Edward J. Larson
Keyword(s):  
Public Policy ◽  
Public Communication ◽  
Central Question ◽  
Level Of Evidence ◽  
Intergovernmental Panel ◽  
Policy Makers ◽  
The Public ◽  
Standard Of Proof ◽  
Policy Context ◽  
Standards Of Proof

AbstractStandards of proof for attributing real world events/damage to global warming should be the same as in clinical or environmental lawsuits, argue Lloyd et al. The central question that we raise is effective communication. How can climate scientists best and effectively communicate their findings to crucial non-expert audiences, including public policy makers and civil society? To address this question, we look at the mismatch between what courts require and what climate scientists are setting as a bar of proof. Our first point is that scientists typically demand too much of themselves in terms of evidence, in comparison with the level of evidence required in a legal, regulatory, or public policy context. Our second point is to recommend that the Intergovernmental Panel on Climate Change recommend more prominently the use of the category “more likely than not” as a level of proof in their reports, as this corresponds to the standard of proof most frequently required in civil court rooms. This has also implications for public policy and the public communication of climate evidence.

scholarly journals Error Costs, Legal Standards of Proof, and Statistical Significance

2017 ◽  
Vol 25 (1) ◽  
pp. 1-57 ◽  
Author(s):  
Michelle M. Burtis ◽  
Jonah B. Gelbach ◽  
Bruce H. Kobayashi
Keyword(s):  
Statistical Significance ◽  
Legal Standards ◽  
Standards Of Proof ◽  
Error Costs

The role of agency in project initiation decisions

2014 ◽  
Vol 7 (3) ◽  
pp. 518-535 ◽  
Author(s):  
Mark Mullaly
Keyword(s):  
Decision Making ◽  
Decision Rules ◽  
Personal Characteristics ◽  
Decision Makers ◽  
Organizational Dynamics ◽  
Substantive Theory ◽  
Content Type ◽  
The Subject ◽  
Board Level

Purpose – The purpose of this paper is to explore the role of decision rules and agency in supporting project initiation decisions, and the influences of agency on decision-making effectiveness. Design/methodology/approach – The study this paper is based upon used grounded theory methodology, and sought to understand the influences of individual decision makers on project initiation decisions within organizations. Data collection involved 28 participants who were involved in project initiation decisions within their organizations, who discussed the process of project initiation in their organization and their role within that process. Findings – The study demonstrates that the overall effectiveness of project initiation decisions is a product of agency, process effectiveness or rule effectiveness. The employment of agency can have a direct influence on decision-making effectiveness, it can compensate for organizational inadequacies of a process or political nature, and it can be constrained in the evidence of formal and effective organizational practices. Research limitations/implications – While agency was recognized by all participants, there are clearly circumstances where actors perceive the ability to exercise agency to be externally constrained. The study is exploratory, contributing to the development of substantive theory. Theory testing as well as a more in-depth investigation of the underlying drivers of agency would be valuable. Practical implications – The study provides executives and individuals supporting the initiation of projects with insights on how to effectively influence the effectiveness of project initiation decisions, and the degree to which personal characteristics influence organizational dynamics. Originality/value – Most discussions of agency has been framed the subject as an executive- or board-level phenomenon. The current study demonstrates that agency is in fact being perceived and operationalized at all levels. Those demonstrating agency in the majority of instances in this study do so in exercising stewardship behaviours. This has important implications for how agency is perceived by executives, and by how agency is exercised by actors at all levels of the organization.

scholarly journals Standards of Proof and Civil Litigation: A Game-Theoretic Analysis

2018 ◽  
Vol 19 (1) ◽  
Author(s):  
Alice Guerra ◽  
Barbara Luppi ◽  
Francesco Parisi
Keyword(s):  
Critical Role ◽  
Policy Instrument ◽  
Civil Litigation ◽  
Access To Justice ◽  
Standard Of Proof ◽  
Game Theoretic Analysis ◽  
Standards Of Proof ◽  
Game Theoretic ◽  
Truth Finding ◽  
Selection Of

AbstractIn litigation models, the parties’ probability to succeed in a lawsuit hinge upon the merits of the parties’ claims and their litigation efforts. In this paper we extend this framework to consider an important procedural aspect of the legal system: the standard of proof. We recast the conventional litigation model to consider how alternative standards of proof affect litigation choices. We analyze the interrelation between different standards of proof, the effectiveness of the parties’ efforts, and the merits of the case. We study how these factors jointly affect the parties’ litigation expenditures, the selection of cases brought to the courts, pretrial bargain solutions and preemptive strategies. Our results show that standards of proof are not only instrumental to balancing the competing goals of access to justice and judicial truth-finding, but they also play a critical role in affecting parties’ litigation investments and settlement choices, and in sorting the mix of cases that will actually be filed and defended in courts. The understanding of the sorting effect of standards of proof sheds light on their role as a policy instrument in civil litigation.

scholarly journals Novel Parameterized Distance Measures on Hesitant Fuzzy Sets with Credibility Degree and Their Application in Decision-Making

Symmetry ◽  
2018 ◽  
Vol 10 (11) ◽  
pp. 557 ◽  
Author(s):  
Jiaru Li ◽  
Fangwei Zhang ◽  
Qiang Li ◽  
Jing Sun ◽  
Janney Yee ◽  
...  
Keyword(s):  
Decision Making ◽  
Fuzzy Sets ◽  
Cardinal Number ◽  
Decision Makers ◽  
Distance Measures ◽  
Hesitant Fuzzy Set ◽  
Hesitant Fuzzy Sets ◽  
The Subject ◽  
The Relationship

The subject of this study is to explore the role of cardinality of hesitant fuzzy element (HFE) in distance measures on hesitant fuzzy sets (HFSs). Firstly, three parameters, i.e., credibility factor, conservative factor, and a risk factor are introduced, thereafter, a series of novel distance measures on HFSs are proposed using these three parameters. These newly proposed distance measures handle the relationship between the cardinal number and the element values of hesitant fuzzy set well, and are suitable to combine subjective and objective decision-making information. When using these functions, decision makers with different risk preferences are allowed to give different values for these three parameters. In particular, this study transfers the hesitance degree index to a credibility of the values in HFEs, which is consistent with people’s intuition. Finally, the practicability of the newly proposed distance measures is verified by two examples.

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