356 resultados para guilty plea


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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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In both policy and practice, collusion is a perplexing area of academic integrity. Students are expected to learn to work collaboratively in university courses, yet are often required to submit assessment tasks as individuals whilst in group-work situations. This paper discusses the tension between 'collaboration' and 'collusion' in group-work and the consequences for crossing the line. Adopting a theoretical framework from Bourdieu's work (Bourdieu and Passeron, 1971; Bourdieu, 1991) on symbolic power, the notion of legitimate voice and intertextuality, this paper outlines the effects on the academic identities of 17 students found 'guilty' of collusion in one Australian university. In addition, 34 staff involved in formal disciplinary procedures were interviewed. The findings indicate that collusion is a fraught notion and not approached systematically across the university, nor with any degree of confidence by staff or students. The delineation between 'acceptable collaboration' and 'collusion' appears to be founded in shifting sands, with negative attitudes towards collaborative tasks being the main lesson learned by students.

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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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The influence of age, gender, and presentation of propensity evidence on juror decision-making was examined. Results showed that age was significantly related to verdict outcome, with older adults more likely to deliver a verdict of not guilty. Ceiling effects potentially obscured any significant effects of propensity evidence on juror decision-making.

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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.

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Low conviction rates of child sexual assault (CSA) remain a persistent social problem in Australia. One reason for this may be the impact of attitudes regarding the victims when the evidence is weak. This article examines the effects of victim age on perceptions of credibility and verdict in a CSA case. Eleven electronic focus groups deliberated a fictional CSA case, in which the age of the child was systemically varied between 6 and 15 years. Deliberation transcripts were analysed with NVivo (Version 9, QSR International Pty Ltd., Burlington, MA, USA), from which thematic clusters were derived. Results showed that as the child's age increased, credibility and guilty verdicts decreased. In addition, testimony alone had little impact in influencing the verdict. These findings suggest that in lieu of corroborating evidence, increasing supporting information, such as expert testimony, and providing structured deliberation for the jury may reduce the influence of victim blame, particularly when the child victim is older.

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Featuring the musical compositional techniques of phase, repetition and pulse, with the sounds of New York recorded from a 16th floor hotel window, this sonic poem is a plea for the intimately spoken word. As cockatoos rise in the white siren sky, two lovers confront love and time in a halting conversation inside a placeless shelter.
This performance work is a poetic and musical experimentation with ideas from the philosopher Alain Badiou. The intersection of political and amorous truth procedures thought to form the subject matter of many novels is extended upon by presenting such an intersection via the crossing of genres of music, sound art, poetry, prose and theatre. This collaborative venture forms a continuing experiment with the idea that music does not simply form a corollary with words and their representation in sound, but rather explores ways in which music can form an antagonistic relationship to the spoken word.
'Conversation in an air raid shelter' was originally presented as a live performance at Double Dialogues Conference: 'The 21st century - The Event, The Subject, The Artwork', Fiji, 2012 and the audio recording appears in Double Dialogues Issue 16, Spring 2013 with an accompanying discursive article 'Love, Politics, Time'. It is available on CD and Youtube. It was also performed at the Torquay Literary Festival in 2013. A discussion of its process by Josephine Scicluna features on a video currently in production by Deakin University for a new unit on creativity in the Bachelor of Arts program.

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This article analyses the sentencing judgment issued on 11 January 2007 bythe Ethiopian Federal High Court in the case of Mengistu Hailemariam andhis co-accused who had been tried, among others, on charges of genocide andcrimes against humanity. This was the first African trial where an entire regimewas brought to justice before a national court for atrocities committed while inpower. Twenty-five of the 55 accused found guilty, including Mengistu, were triedin absentia (Mengistu remains in exile in Zimbabwe). The trial took 12 years,making it one of the longest ever trials for genocide. In December 2006, Mengistuwas convicted by majority vote of genocide and crimes against humanity pursuant toArticle 281of the1957 Ethiopian Penal Code, which includes ‘political groups’amongthe groups protected against genocide. A dissenting judge took the position that theaccused should have been convicted of aggravated homicide because the relevant part of the provision had been repealed. A few weeks later, the Court, by majority,sentenced the top tier of the accused to life imprisonment, taking into accountcertain extenuating circumstances. If not for these, the death penalty would havebeen imposed. In addition to ensuring some accountability, the judgmentis important for providing an official and detailed account of what happenedin those years in Ethiopia under Mengistu’s reign. Given that in Ethiopia there areno official gazettes where court judgments are published, it is unlikely that the publicwill be able to read the judgment and thus become aware of what had happened.In addition to analysing the reasoning of the court, this article also looks intothe prevailing political circumstances in the country and reflects upon the trialand the reception that this important decision has had, and will receive, in thewider community.

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An analysis of 32 cases reported between July 2010 and September 2014 byprofessional disciplinary tribunals in New South Wales and Victoria againstmedical practitioners found guilty of inappropriately prescribing Sch 8 medications(mainly opioids) and Sch 4 drugs (mainly benzodiazepines) demonstrated, among others, a lengthy delay between the occurrence of the miscreant conduct and the conclusion of disciplinary proceedings. The study also raised questions about the appropriateness of utilising common criminal law theories of punishment and deterrence by non-judicial tribunals.

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This exploratory study examines the power of the news media to publicly name ordinary people who receive non-convictions for committing minor crimes. If a magistrate imposes a non-conviction, it means the offender is guilty, but gets a chance to reform away from the public gaze. They are not required to reveal the crime in any job application, and it does not restrict them from overseas travel. This report argues that the power of media to report non-convictions is an issue of national importance in this changing digital landscape because the news media can impose relatively permanent public records, especially in digital space, that detail's one's minor misdemeanour.

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Jones and colleagues recently made a plea for the prioritization of psychological well-being in diabetes care [1]. Such calls to action began over 20 years ago with the 'St Vincent Declaration' guidelines [2]. A 'plea' two decades later emphasizes that this paradigm shift is a long, slow burn. In the 21st century, people with diabetes are now adding their powerful voices via social media, advocating for better psychological support, as active consumers (and constructive critics) of health care [3]. We can learn considerably from organizations such as Cancer Voices (www.cancervoicesaustralia.org) - they demonstrate how consumer representation and involvement in research agendas, policy and service provision play an integral part in shaping holistic health care. This article is protected by copyright. All rights reserved.

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Purpose: Offenders with intellectual disability (ID) who commit arson and other acts of fire setting are over-represented in the criminal justice system in Australia, as in many other jurisdictions. The purpose of this paper is to provide insight into the judicial considerations that influence sentencing in these cases. Design/methodology/approach: Case law was utilised to locate and analyse judges’ sentencing remarks for offenders with ID found guilty of an offence of arson. These data were subject to Inductive Content Analysis to establish the major judicial considerations in sentencing. Findings: Seven common issues emerged: general deterrence, seriousness of arson, rehabilitation, sentencing options, moral culpability, protection of the community, and punishment. Judges noted that they handed down reduced sentences to persons with ID relative to the severity of their offending, that they considered people with ID to have low levels of moral culpability, and that these offenders did not provide good examples for community deterrence. Originality/value: The current study highlights the need for judges to have available a range of sentencing options, including diversion and treatment/rehabilitation programmes for persons with ID, particularly for those involved in more serious offences such as arson.

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This article builds on previous reception research and scholarship on makeover TV through an analysis of obese people's views of The Biggest Loser (TBL). TBL involves obese people competing to lose weight as personal trainers push them through dietary and physical activity regimes. We articulate four themes characterizing responses to TBL: “That's not reality,” “Public ownership and judgment of the fat body,” “The lure of the transformation,” and “A guilty pleasure.” We consider how these themes are reflected in participants' movement between mediated, discursive, transparent, and referential modes of reception. While some were adamant in their rejection of the program, others were ambivalent in accepting and identifying with the desire for weight loss but questioning TBL's aesthetic dimensions and moralizing undertones. We argue that the reflexivity of viewers complicates appraisals of TBL as governing at a distance and offer some alternative readings of the impact and appeal of the program.