86 resultados para plea bargaining


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The paper describes the development of an integrated multi-agent online dispute resolution environment called IMODRE that was designed to assist parties involved in Australian family law disputes achieve legally fairer negotiated outcomes. The system extends our previous work in developing negotiation support systems Family_Winner and AssetDivider. In this environment one agent uses a Bayesian Belief Network expertly modeled with knowledge of the Australian Family Law domain to advise disputants of their Best Alternatives to Negotiated Agreements. Another agent incorporates the percentage split of marital property into an integrative bargaining process and applies heuristics and game theory to equitably distribute marital property assets and facilitate further trade-offs. We use this system to add greater fairness to Family property law negotiations.

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Any attempt to model an economy requires foundational assumptions about the relations between prices, values and the distribution of wealth. These assumptions exert a profound influence over the results of any model. Unfortunately, there are few areas in economics as vexed as the theory of value. I argue in this paper that the fundamental problem with past theories of value is that it is simply not possible to model the determination of value, the formation of prices and the distribution of income in a real economy with analytic mathematical models. All such attempts leave out crucial processes or make unrealistic assumptions which significantly affect the results. There have been two primary approaches to the theory of value. The first, associated with classical economists such as Ricardo and Marx were substance theories of value, which view value as a substance inherent in an object and which is conserved in exchange. For Marxists, the value of a commodity derives solely from the value of the labour power used to produce it - and therefore any profit is due to the exploitation of the workers. The labour theory of value has been discredited because of its assumption that labour was the only ‘factor’ that contributed to the creation of value, and because of its fundamentally circular argument. Neoclassical theorists argued that price was identical with value and was determined purely by the interaction of supply and demand. Value then, was completely subjective. Returns to labour (wages) and capital (profits) were determined solely by their marginal contribution to production, so that each factor received its just reward by definition. Problems with the neoclassical approach include assumptions concerning representative agents, perfect competition, perfect and costless information and contract enforcement, complete markets for credit and risk, aggregate production functions and infinite, smooth substitution between factors, distribution according to marginal products, firms always on the production possibility frontier and firms’ pricing decisions, ignoring money and credit, and perfectly rational agents with infinite computational capacity. Two critical areas include firstly, the underappreciated Sonnenschein-Mantel- Debreu results which showed that the foundational assumptions of the Walrasian general-equilibrium model imply arbitrary excess demand functions and therefore arbitrary equilibrium price sets. Secondly, in real economies, there is no equilibrium, only continuous change. Equilibrium is never reached because of constant changes in preferences and tastes; technological and organisational innovations; discoveries of new resources and new markets; inaccurate and evolving expectations of businesses, consumers, governments and speculators; changing demand for credit; the entry and exit of firms; the birth, learning, and death of citizens; changes in laws and government policies; imperfect information; generalized increasing returns to scale; random acts of impulse; weather and climate events; changes in disease patterns, and so on. The problem is not the use of mathematical modelling, but the kind of mathematical modelling used. Agent-based models (ABMs), objectoriented programming and greatly increased computer power however, are opening up a new frontier. Here a dynamic bargaining ABM is outlined as a basis for an alternative theory of value. A large but finite number of heterogeneous commodities and agents with differing degrees of market power are set in a spatial network. Returns to buyers and sellers are decided at each step in the value chain, and in each factor market, through the process of bargaining. Market power and its potential abuse against the poor and vulnerable are fundamental to how the bargaining dynamics play out. Ethics therefore lie at the very heart of economic analysis, the determination of prices and the distribution of wealth. The neoclassicals are right then that price is the enumeration of value at a particular time and place, but wrong to downplay the critical roles of bargaining, power and ethics in determining those same prices.

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1.  Within the broad field of optimal foraging, it is increasingly acknowledged that animals often face digestive constraints rather than constraints on rates of food collection. This therefore calls for a formalization of how animals could optimize food absorption rates.

2.  Here we generate predictions from a simple graphical optimal digestion model for foragers that aim to maximize their (true) metabolizable food intake over total time (i.e. including nonforaging bouts) under a digestive constraint.

3.  The model predicts that such foragers should maintain a constant food retention time, even if gut length or food quality changes. For phenotypically flexible foragers, which are able to change the size of their digestive machinery, this means that an increase in gut length should go hand in hand with an increase in gross intake rate. It also means that better quality food should be digested more efficiently.

4.  These latter two predictions are tested in a large avian long-distance migrant, the Bewick's swan (Cygnus columbianus bewickii), feeding on grasslands in its Dutch wintering quarters.

5.  Throughout winter, free-ranging Bewick's swans, growing a longer gut and experiencing improved food quality, increased their gross intake rate (i.e. bite rate) and showed a higher digestive efficiency. These responses were in accordance with the model and suggest maintenance of a constant food retention time.

6.  These changes doubled the birds’ absorption rate. Had only food quality changed (and not gut length), then absorption rate would have increased by only 67%; absorption rate would have increased by only 17% had only gut length changed (and not food quality).

7.  The prediction that gross intake rate should go up with gut length parallels the mechanism included in some proximate models of foraging that feeding motivation scales inversely to gut fullness. We plea for a tighter integration between ultimate and proximate foraging models.

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Strong heat waves in the past decade and resulting legal cases which gave full responsibility for indoor thermal comfort to building professionals lead to an increased uncertainty how to maintain thermal comfort in offices without the use of a cooling system. Adaptive thermal comfort standards such as EN 15251 and Ashrae Standard 55 provide methodologies to evaluate comfort in naturally ventilated spaces. Based on a parametric study for a typical cellular office in the context of Athens, Greece, and using the building simulation software EnergyPlus, this study investigates the potentials for the applicability of natural ventilation in a Mediterranean climate. The Ashrae Standard 55 and EN 15251 adaptive thermal comfort models are compared in this context, and conclusions are drawn how the use of natural ventilation based on adaptive models can be further encourgaged.

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User behaviour significantly affects energy consumption simulation estimates, which can consequently influence architectural design decisions at an early stage. Different regional behavioural patterns could, therefore, hinder the applicability of certain architectural and environmental strategies. Through questionnaires analysis and field studies, this study investigates the pattern use of manual control of windows, shading and air condition units, in residential buildings in Greece, during summer. Initial findings of the analysis indicate significant interaction of Greek residents with the building shell, in their effort to maintain comfort.

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The conventional wisdom is that offenders have very high discount rates not only with respect to income and fines but also with respect to time incarcerated. These rates are difficult to measure objectively and the usual approach is to ask subjects hypothetical questions and infer time preference from their answers. In this article, we propose estimating rates at which offenders discount time incarcerated by specifying their equilibrium plea, defined as the discount rate, which equates the time and expected time spent in jail following a guilty plea and a trial. Offenders are assumed to exhibit positive time preference and discount time spent in jail at a constant rate. Our choice of sample is interesting because the offenders are not on bail, punishment is not delayed and the offences are planned therefore conforming to Becker’s model of the decision to commit a crime. Contrary to the discussion in the literature, we do not find evidence of consistently high time discount rates, and therefore cannot unequivocally infer that the prison experience always results in low levels of specific deterrence.

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The primary purpose of this research is to analyze theoretically the group decisionmaking process leading to the allocation of activity time and the consumption of goods, with particular emphasis in the households. Each household is characterized as a group of individuals making joint decisions about their activity participations, alternative activity time allocations and consumption of various goods, such as independent and joint activity time allocations as well as private and shared consumption patterns. We firstly explore why individual-based models are not realistic in multi-person households, and secondly, we summarize various intra-household activity time allocation models based on different decision-making processes. All models are presented under microeconomic principle of utility maximization to represent the economic behavior of the households.

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The outdoor places are receiving more importance being contributing in the social cohesion and sustainability within societies. Providing comfortable sustainable urban places is an important factor affecting their success especially in multicultural areas where climatic conditions are perceived differently according to the diversity of users. Different design elements such as design form proved to be able to improve the outdoor thermal comfort. However, the integration of the climate dimension in the design process of outdoor places is lacking due to insufficient interdisciplinary work between urban climatology, and urban design. The main aim of the research is to examine the influence of cultural and climatic background on users’ thermal sensation and comfort within the same context. The methodology of the research is provided through quantitative analysis of a case study in Melbourne, Australia as one of the global cities characterized by the diversity and plurality of its population. The case study approach is adopted in order to examine the users’ thermal comfort within its contextual variables. Multiple sources of evidence such as climate measurements, questionnaires and observations are used to ensure the validity of results. The findings are to contribute to the quality and equality of design for outdoor urban places.

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Sentence discounts are now routinely used by Australian courts to encourage guilty pleas. In this article, the authors examine three populations of not on bail defendants who went to trial and were convicted in New South Wales in 2004 for the offences of aggravated robbery, burglary and murder respectively, with the objective of estimating the percentage reduction in sentence quantum that would have induced them to plead guilty. Since conviction (acquittal) probabilities following a trial are likely to be uniformly distributed between 0 and 1, the expected mean probability of conviction (acquittal) for a defendant pleading not guilty was 0.5. The average reductions in the prison sentence corresponding to this probability were: 21%, 23% and 27% respectively. The maximum (minimum) values were: 39% (1.3%), 40% (1.9%) and 39% (1.5%). This range of values reflects the wide dispersion of actual prison sentences handed down by the courts. The distribution of actual sentence discounts offered by the judges in exchange for a guilty plea is not available, consequently the authors cannot comment on why these defendants chose a trial.

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Historical listed buildings have their own unique cultural identity, which is one of the criteria used by decision mechanisms for their statutory protection. The identity of many of these buildings is often related to their tangible features/components, such as period characteristics (geometry, size, colour, form, and shape), materials and construction. Daylight is one of the in/tangible elements that have contributed to the distinctiveness of many historical buildings, yet when constructing preservation schemes of historical buildings, daylight is rarely introduced or considered as one of the components that shape the character of buildings. One of the reasons is the limited number of credible simulation studies that identify such interrelationships. As many of these buildings were originally designed to accommodate different activities to today's requirements, maintaining the quality of daylight that originally contributed to their visual identity can be a very challenging task, especially if the building is to be adapted to accommodate a different activity. In this paper we will discuss the conflict between maintaining the original visual identity of historical buildings and meeting the visual requirements of restored buildings. The paper discusses the visual performance of a traditional bathhouse (Hammam) in the city of Bursa in Turkey. The change in the visual performance of the selected case study will be discussed in terms of daylight conditions. The paper explores the possibility of maintaining the original daylight conditions of renovated historical buildings while meeting the visual requirements of the new use.

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The increasing number of migration and the creation of multicultural cities have generated a new challenge for urban designers. The design of shared, welcoming and well utilised urban open places is important in order to promote inclusion, interaction, belonging, and diversity within cities. Thermal comfort is directly related to the users' attitude and behaviour in outdoor places. Fulfilling the comfort needs for users having a variety of cultural and climatic backgrounds needs therefore to be taken into consideration. Microclimatic parameters strongly affect thermal sensation, however, physical, physiological and psychological adaptation have also proven to have significant influence. The satisfaction with the thermal environment does not only depend on the place, but also on personal variables people bring to that place with them. The paper investigates the role of the culture and climatic background of users' in the complex relationships between microclimate, thermal adaptation factors and human behaviour in open public places. The paper aims to understand the influence of users' cultural and climatic background variations on their thermal needs and usage of the outdoor places. Climatic measurements, surveys and observations were carried out in Federation square in Melbourne along the year to examine thermal comfort and patterns of behaviours of users having different cultural origins. Quantitative analysis is used to examine the influence of culture and climatic background of the users' on thermal sensations and adaptation factors. The findings contribute to guiding the design of outdoor public places in multicultural cities.