Search results for: judges sentencing
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 17

Search results for: judges sentencing

17 Psychopathic Disorders and Judges Sentencing: Can Neurosciences Change This Aggravating Factor in a Mitigating Factor?

Authors: Kevin Moustapha

Abstract:

Psychopathic disorders are taking an important part in judge sentencing, especially in Canada. First, we will see how this phenomenon can be illustrated by the high proportion of psychopath offenders incarcerated in North American prisons. Many decisions in Canadians courtrooms seem to point out that psychopathy is often used as a strong argument by the judges to preserve public safety. The fact that psychopathy is often associated with violence, recklessness and recidivism, could explain why many judges consider psychopathic disorders as an aggravating factor. Generally, the judge reasoning is based on Article 753 of Canadian Criminal Code related to dangerous offenders, which is used for individuals who show a pattern of repetitive and persistent aggressive behaviour. Then we will show how, with cognitive neurosciences, the psychopath’s situation in courtrooms would probably change. Cerebral imaging and news data provided by the neurosciences show that emotional and volitional functions in psychopath’s brains are impaired. Understanding these new issues could enable some judges to recognize psychopathic disorders as a mitigating factor. Finally, two important questions ought to be raised in this article: can exploring psychopaths ‘brains really change the judge sentencing in Canadian courtrooms? If yes, can judges consider psychopathy more as a mitigating factor than an aggravating factor?

Keywords: Criminal law, judges sentencing, neurosciences, psychopathy.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 2781
16 The Emerging Global Judicial Ethics: Issues and Problems

Authors: Caroline Foulquier-Expert

Abstract:

In many states around the world, actions to improve judicial ethics are developing significantly through the production of professional standards for judges. The quest to improve the ethics of judges is legitimate. However, as this development tends to be very important at the moment, some risks it presents must be highlighted. Indeed, if the objective of improving Judges’ Ethics is legitimate, it can also lead to banalization of justice, reinforcement of criticism against the judiciary and to broach incidentally the question of the limits of judgment, which is most perilous for the independence of the judiciary. This research, based on case studies, interviews with judges and an analysis of the literature on this topic (mainly from the United States of America and European Union Member States), tends to draw attention to the fact that the result of the development of these professional standards is that the ethical requirements of judges become ethical requirements of justice, which is an undesirable effect of which we must be aware, in order to prevent it.

Keywords: Judicial Ethics, Codes of conduct, Independence, Limits of Judgment.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 835
15 Sensory Evaluation of the Selected Coffee Products Using Fuzzy Approach

Authors: M.A. Lazim, M. Suriani

Abstract:

Knowing consumers' preferences and perceptions of the sensory evaluation of drink products are very significant to manufacturers and retailers alike. With no appropriate sensory analysis, there is a high risk of market disappointment. This paper aims to rank the selected coffee products and also to determine the best of quality attribute through sensory evaluation using fuzzy decision making model. Three products of coffee drinks were used for sensory evaluation. Data were collected from thirty judges at a hypermarket in Kuala Terengganu, Malaysia. The judges were asked to specify their sensory evaluation in linguistic terms of the quality attributes of colour, smell, taste and mouth feel for each product and also the weight of each quality attribute. Five fuzzy linguistic terms represent the quality attributes were introduced prior analysing. The judgment membership function and the weights were compared to rank the products and also to determine the best quality attribute. The product of Indoc was judged as the first in ranking and 'taste' as the best quality attribute. These implicate the importance of sensory evaluation in identifying consumers- preferences and also the competency of fuzzy approach in decision making.

Keywords: fuzzy decision making, fuzzy linguistic, membership function, sensory evaluation,

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 2733
14 The Role of the Accused’s Attorney in the Criminal Justice System of Iran, Mashhad 2014

Authors: Mahdi Karimi

Abstract:

One of the most basic standards of fair trial is the right to defense, hire an attorney and its presence in the hearing stages. On the one hand, based on the reason and justice, as the legal issues, particularly criminal affairs, become complicated, the accused must benefit from an attorney in the court in order to defend itself which requires legal knowledge. On the other hand, as the judicial system has jurists such as investigation judges at its disposal, the accused must enjoy the same right to defend itself and reject allegations so that the balance is maintained between the litigating parties based on the principle of "equality of arms". The right to adequate time and facilities for defense is cited among the principles and rights relevant to the proceedings in international regulations such as the International Covenant on Civil and Political Rights. The innovations made in the Code of Criminal Procedure in 2013 guaranteed the presence of the accused’s attorney in the proceedings. The present study aims at assessing the result of the aforementioned guarantee in practice and made attempts to investigate the effect of the presence of accused’s attorney on reducing the punishment by asking the question and addressing the statistical population of this study including 48 judges of lower courts and courts of appeal. It seems that in despite of guarantees provided in the new Code of Criminal Procedure, Iran's penal system, does not tolerate the presence of an attorney in practice.

Keywords: Defense attorney, equality of arms, fair trial, reducing the penalty, right to defense.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 1359
13 Perspectives on Neuropsychological Testimony

Authors: Valene J. Gresham, MA, Laura A. Brodie

Abstract:

For the last decade, statistics show traumatic brain injury (TBI) is a growing concern in our legal system. In an effort to obtain data regarding the influence of neuropsychological expert witness testimony in a criminal case, this study tested three hypotheses. H1: The majority of jurors will vote not guilty, due to mild head injury. H2: The jurors will give more credence to the testimony of the neuropsychologist rather than the psychiatrist. H3: The jurors will be more lenient in their sentencing, given the testimony of the neuropsychologist-s testimony. The criterion for inclusion in the study as a participant is identical to those used for inclusion in the eligibility for jury duty in the United States. A chisquared test was performed to analyze the data for the three hypotheses. The results supported all of the hypotheses; however statistical significance was seen in H1 and H2 only.

Keywords: Expert witness, jury decision, neuropsychology, traumatic brain injury.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 2275
12 Judges System for Classifiers Specialization

Authors: Abdel Rodríguez, Isis Bonet, Ricardo Grau, María M. García

Abstract:

In this paper we designed and implemented a new ensemble of classifiers based on a sequence of classifiers which were specialized in regions of the training dataset where errors of its trained homologous are concentrated. In order to separate this regions, and to determine the aptitude of each classifier to properly respond to a new case, it was used another set of classifiers built hierarchically. We explored a selection based variant to combine the base classifiers. We validated this model with different base classifiers using 37 training datasets. It was carried out a statistical comparison of these models with the well known Bagging and Boosting, obtaining significantly superior results with the hierarchical ensemble using Multilayer Perceptron as base classifier. Therefore, we demonstrated the efficacy of the proposed ensemble, as well as its applicability to general problems.

Keywords: classifiers, delegation, ensemble

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 1256
11 Towards a Proof Acceptance by Overcoming Challenges in Collecting Digital Evidence

Authors: Lilian Noronha Nassif

Abstract:

Cybercrime investigation demands an appropriated evidence collection mechanism. If the investigator does not acquire digital proofs in a forensic sound, some important information can be lost, and judges can discard case evidence because the acquisition was inadequate. The correct digital forensic seizing involves preparation of professionals from fields of law, police, and computer science. This paper presents important challenges faced during evidence collection in different perspectives of places. The crime scene can be virtual or real, and technical obstacles and privacy concerns must be considered. All pointed challenges here highlight the precautions to be taken in the digital evidence collection and the suggested procedures contribute to the best practices in the digital forensics field.

Keywords: Digital evidence, digital forensic processes and procedures, mobile forensics, cloud forensics.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 1153
10 Arabic and Islamic Education in Nigeria: The Case of Al-Majiri Schools

Authors: Abdul Ganiy A. S. Oladosu

Abstract:

The AL-MAJIRI school system is a variant of private Arabic and Islamic schools which cater for the religious and moral development of Muslims. In the past, the system produced clerics, scholars, judges, religious reformers, eminent teachers and great men who are worthy of emulation, particularly in northern Nigeria. Gradually, the system lost its glory but continued to discharge its educational responsibilities to a certain extent. This paper takes a look at the activities of the AL-MAJIRI schools. The introduction provides background information about Nigeria where the schools operate. This is followed by an overview of the Nigerian educational system, the nature and the features of the AL-MAJIRI school system, its weaknesses and the current challenges facing the schools. The paper concludes with emphasis on the urgent need for a comprehensive reform of the curriculum content of the schools. The step by step procedure required for the reform is discussed.

Keywords: AL-MAJIRI, Arabic and Islamic schools, Nigeria.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 5052
9 Biological and Chemical Filter Treatment for Wastewater Reuse

Authors: M. J. Go, H. S. Shin, D. W. Kim, D. Chang, S. B. Han, J. M. Hur, B. R. Chung, J. K. Choi, J. Fan

Abstract:

This study developed a high efficient and combined biological and chemical filter treatment process. This process used PAC (Powder Activated Carbon), Alum and attached growth treatment process. The system removals of total nitrogen and total phosphorus ratio of two were as high as 70% and 73%, moreover, the effluent water was suitable to urban and agricultural water. Also the advantages of this process are not only occupies small place but is simple, economic and easy operating. Besides, our developed process can keep stable process efficiency even in relative low load level. Therefore, this study judges that use of the high efficient and combined biological and chemical filter treatment process, it is expected that the effluent water in this system can be reused as urban and agricultural water.

Keywords: biological and chemical filter treatment, wastewaterreuse, PAC, Alum

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 1323
8 Combining Fuzzy Logic and Data Miningto Predict the Result of an EIA Review

Authors: Kevin Fong-Rey Liu, Jia-Shen Chen, Han-Hsi Liang, Cheng-Wu Chen, Yung-Shuen Shen

Abstract:

The purpose of determining impact significance is to place value on impacts. Environmental impact assessment review is a process that judges whether impact significance is acceptable or not in accordance with the scientific facts regarding environmental, ecological and socio-economical impacts described in environmental impact statements (EIS) or environmental impact assessment reports (EIAR). The first aim of this paper is to summarize the criteria of significance evaluation from the past review results and accordingly utilize fuzzy logic to incorporate these criteria into scientific facts. The second aim is to employ data mining technique to construct an EIS or EIAR prediction model for reviewing results which can assist developers to prepare and revise better environmental management plans in advance. The validity of the previous prediction model proposed by authors in 2009 is 92.7%. The enhanced validity in this study can attain 100.0%.

Keywords: Environmental impact assessment review, impactsignificance, fuzzy logic, data mining, classification tree.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 1893
7 Automatic Detection of Syllable Repetition in Read Speech for Objective Assessment of Stuttered Disfluencies

Authors: K. M. Ravikumar, Balakrishna Reddy, R. Rajagopal, H. C. Nagaraj

Abstract:

Automatic detection of syllable repetition is one of the important parameter in assessing the stuttered speech objectively. The existing method which uses artificial neural network (ANN) requires high levels of agreement as prerequisite before attempting to train and test ANNs to separate fluent and nonfluent. We propose automatic detection method for syllable repetition in read speech for objective assessment of stuttered disfluencies which uses a novel approach and has four stages comprising of segmentation, feature extraction, score matching and decision logic. Feature extraction is implemented using well know Mel frequency Cepstra coefficient (MFCC). Score matching is done using Dynamic Time Warping (DTW) between the syllables. The Decision logic is implemented by Perceptron based on the score given by score matching. Although many methods are available for segmentation, in this paper it is done manually. Here the assessment by human judges on the read speech of 10 adults who stutter are described using corresponding method and the result was 83%.

Keywords: Assessment, DTW, MFCC, Objective, Perceptron, Stuttering.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 2749
6 Judicial Institutions in a Post-Conflict Society: Gaining Legitimacy through a Holistic Reform

Authors: Abdul Salim Amin

Abstract:

This paper focuses on how judiciaries in post-conflict societies can gain legitimacy through reformation. Legitimacy plays a pivotal role in shaping people’s behavior to submit to the law and verifies the rightfulness of an organ for taking binding decisions. Among various dynamics, judicial independence, access to justice and behavioral changes of the judicial officials broadly contribute to legitimation of judiciary in general, and the courts in particular. Increasing independence of judiciary through reform limits, inter alia, government interference in judicial issues and protects basic rights of the citizens. Judicial independence does not only matter in institutional terms, individual independence also influences the impartiality and integrity of judges, which can be increased through education and better administration of justice. Finally, access to justice as an intertwined concept both at the legal and moral spectrum of judicial reform avails justice to the citizens and increases the level of public trust and confidence. Efficient legal decisions on fostering such elements through holistic reform create a rule of law atmosphere. Citizens neither accept an illegitimate judiciary nor do they trust its decisions. Lack of such tolerance and confidence deters the rule of law and thus, undermines the democratic development of a society.

Keywords: Legitimacy, judicial reform, judicial independence, access to justice, legal training, informal justice, rule of law.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 1496
5 Fuzzy Wavelet Packet based Feature Extraction Method for Multifunction Myoelectric Control

Authors: Rami N. Khushaba, Adel Al-Jumaily

Abstract:

The myoelectric signal (MES) is one of the Biosignals utilized in helping humans to control equipments. Recent approaches in MES classification to control prosthetic devices employing pattern recognition techniques revealed two problems, first, the classification performance of the system starts degrading when the number of motion classes to be classified increases, second, in order to solve the first problem, additional complicated methods were utilized which increase the computational cost of a multifunction myoelectric control system. In an effort to solve these problems and to achieve a feasible design for real time implementation with high overall accuracy, this paper presents a new method for feature extraction in MES recognition systems. The method works by extracting features using Wavelet Packet Transform (WPT) applied on the MES from multiple channels, and then employs Fuzzy c-means (FCM) algorithm to generate a measure that judges on features suitability for classification. Finally, Principle Component Analysis (PCA) is utilized to reduce the size of the data before computing the classification accuracy with a multilayer perceptron neural network. The proposed system produces powerful classification results (99% accuracy) by using only a small portion of the original feature set.

Keywords: Biomedical Signal Processing, Data mining andInformation Extraction, Machine Learning, Rehabilitation.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 1694
4 Induced Affectivity and Impact on Creativity: Personal Growth and Perceived Adjustment when Narrating an Intense Emotional Experience

Authors: S. Da Costa, D. Páez, F. Sánchez

Abstract:

We examine the causal role of positive affect on creativity, the association of creativity or innovation in the ideation phase with functional emotional regulation, successful adjustment to stress and dispositional emotional creativity, as well as the predictive role of creativity for positive emotions and social adjustment. The study examines the effects of modification of positive affect on creativity. Participants write three poems, narrate an infatuation episode, answer a scale of personal growth after this episode and perform a creativity task, answer a flow scale after creativity task and fill a dispositional emotional creativity scale. High and low positive effect was induced by asking subjects to write three poems about high and low positive connotation stimuli. In a neutral condition, tasks were performed without previous affect induction. Subjects on the condition of high positive affect report more positive and less negative emotions, more personal growth (effect size r = .24) and their last poem was rated as more original by judges (effect size r = .33). Mediational analysis showed that positive emotions explain the influence of the manipulation on personal growth - positive affect correlates r = .33 to personal growth. The emotional creativity scale correlated to creativity scores of the creative task (r = .14), to the creativity of the narration of the infatuation episode (r = .21). Emotional creativity was also associated, during performing the creativity task, with flow (r = .27) and with affect balance (r = .26). The mediational analysis showed that emotional creativity predicts flow through positive affect. Results suggest that innovation in the phase of ideation is associated with a positive affect balance and satisfactory performance, as well as dispositional emotional creativity is adaptive.

Keywords: Affectivity, creativity, induction, innovation, psychological factors.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 538
3 An Investigation into the Social Factors that Influence Sport Participation: A Case of Gymnastics in the Western Cape

Authors: W. C. Lucas, S. Titus, M. E. M. Young

Abstract:

Gymnastics is the umbrella term that represents seven different and unique disciplines of gymnastics. Men and women of all ages and abilities practice this sport, and participation in gymnastics can develop both gross and fine motor skills, strength, flexibility, coordination and balance. There are various social factors, such as a family’s socioeconomic status or accessibility to sports facilities that may play a role in affecting levels of participation. The aim of this study is to investigate the social factors that have an influence on gymnastics participation in the Western Cape. To this end, a qualitative approach is adopted to collect data. This study also adopts the ecological systems theory as the theoretical framework, and is used to analyze and interpret current social factors that directly or indirectly influence participation in gymnastics. The study’s objectives were to ascertain which social factors hinder participation, and which social factors promote participation, thus, coaches, parents and gymnasts participated in focus group discussions. Key informant interviews took place with experts in the field of gymnastics in the Western Cape. A thematic analysis was conducted on transcriptions from the focus group discussions and key informant interviews. Social factors investigated in this study occurred in the chronosystem, macrosystem, exosystem, mesosystem, and microsystem, and had both a direct and indirect influence on the gymnast’s continued participation. These systems are defined as the environment of the individual, in which they grow and develop. The research findings of this paper are used to draw conclusions and make specific recommendations for practice and further research. The information gathered in this study can assist all stakeholders within the field of gymnastics, such as parents, judges, coaches, gymnasts, and the supporting community which surround the participating gymnast.

Keywords: Developing child, ecological systems theory, facilities, federation, gymnastics, influence, participation, social factors, socioeconomic status, sport.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 2299
2 Development and Validation of an Instrument Measuring the Coping Strategies in Situations of Stress

Authors: Lucie Côté, Martin Lauzier, Guy Beauchamp, France Guertin

Abstract:

Stress causes deleterious effects to the physical, psychological and organizational levels, which highlight the need to use effective coping strategies to deal with it. Several coping models exist, but they don’t integrate the different strategies in a coherent way nor do they take into account the new research on the emotional coping and acceptance of the stressful situation. To fill these gaps, an integrative model incorporating the main coping strategies was developed. This model arises from the review of the scientific literature on coping and from a qualitative study carried out among workers with low or high levels of stress, as well as from an analysis of clinical cases. The model allows one to understand under what circumstances the strategies are effective or ineffective and to learn how one might use them more wisely. It includes Specific Strategies in controllable situations (the Modification of the Situation and the Resignation-Disempowerment), Specific Strategies in non-controllable situations (Acceptance and Stubborn Relentlessness) as well as so-called General Strategies (Wellbeing and Avoidance). This study is intended to undertake and present the process of development and validation of an instrument to measure coping strategies based on this model. An initial pool of items has been generated from the conceptual definitions and three expert judges have validated the content. Of these, 18 items have been selected for a short form questionnaire. A sample of 300 students and employees from a Quebec university was used for the validation of the questionnaire. Concerning the reliability of the instrument, the indices observed following the inter-rater agreement (Krippendorff’s alpha) and the calculation of the coefficients for internal consistency (Cronbach's alpha) are satisfactory. To evaluate the construct validity, a confirmatory factor analysis using MPlus supports the existence of a model with six factors. The results of this analysis suggest also that this configuration is superior to other alternative models. The correlations show that the factors are only loosely related to each other. Overall, the analyses carried out suggest that the instrument has good psychometric qualities and demonstrates the relevance of further work to establish predictive validity and reconfirm its structure. This instrument will help researchers and clinicians better understand and assess coping strategies to cope with stress and thus prevent mental health issues.

Keywords: Acceptance, coping strategies, measurement instrument, questionnaire, stress, validation process.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 851
1 The Influence of Fashion Bloggers on the Pre-Purchase Decision for Online Fashion Products among Generation Y Female Malaysian Consumers

Authors: Mohd Zaimmudin Mohd Zain, Patsy Perry, Lee Quinn

Abstract:

This study explores how fashion consumers are influenced by fashion bloggers towards pre-purchase decision for online fashion products in a non-Western context. Malaysians rank among the world’s most avid online shoppers, with apparel the third most popular purchase category. However, extant research on fashion blogging focuses on the developed Western market context. Numerous international fashion retailers have entered the Malaysian market from luxury to fast fashion segments of the market; however Malaysian fashion consumers must balance religious and social norms for modesty with their dress style and adoption of fashion trends. Consumers increasingly mix and match Islamic and Western elements of dress to create new styles enabling them to follow Western fashion trends whilst paying respect to social and religious norms. Social media have revolutionised the way that consumers can search for and find information about fashion products. For online fashion brands with no physical presence, social media provide a means of discovery for consumers. By allowing the creation and exchange of user-generated content (UGC) online, they provide a public forum that gives individual consumers their own voices, as well as access to product information that facilitates their purchase decisions. Social media empower consumers and brands have important roles in facilitating conversations among consumers and themselves, to help consumers connect with them and one another. Fashion blogs have become an important fashion information sources. By sharing their personal style and inspiring their followers with what they wear on popular social media platforms such as Instagram, fashion bloggers have become fashion opinion leaders. By creating UGC to spread useful information to their followers, they influence the pre-purchase decision. Hence, successful Western fashion bloggers such as Chiara Ferragni may earn millions of US dollars every year, and some have created their own fashion ranges and beauty products, become judges in fashion reality shows, won awards, and collaborated with high street and luxury brands. As fashion blogging has become more established worldwide, increasing numbers of fashion bloggers have emerged from non-Western backgrounds to promote Islamic fashion styles, such as Hassanah El-Yacoubi and Dian Pelangi. This study adopts a qualitative approach using netnographic content analysis of consumer comments on two famous Malaysian fashion bloggers’ Instagram accounts during January-March 2016 and qualitative interviews with 16 Malaysian Generation Y fashion consumers during September-October 2016. Netnography adapts ethnographic techniques to the study of online communities or computer-mediated communications. Template analysis of the data involved coding comments according to the theoretical framework, which was developed from the literature review. Initial data analysis shows the strong influence of Malaysian fashion bloggers on their followers in terms of lifestyle and morals as well as fashion style. Followers were guided towards the mix and match trend of dress with Western and Islamic elements, for example, showing how vivid colours or accessories could be worked into an outfit whilst still respecting social and religious norms. The blogger’s Instagram account is a form of online community where followers can communicate and gain guidance and support from other followers, as well as from the blogger.

Keywords: Fashion bloggers, Malaysia, qualitative, social media.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 2421