Court-provided trial technology : efficiency and fairness for criminal trials

In Australia, trials conducted as 'electronic trials' have ordinarily run with the assistance of commercial service providers, with the associated costs being borne by the parties. However, an innovative approach has been taken by the courts in Queensland. In October 2007 Queensland became the first Australian jurisdiction to develop its own court-provided technology, to facilitate the conduct of an electronic trial. This technology was first used in the conduct of civil trials. The use of the technology in the civil sphere highlighted its benefits and, more significantly, demonstrated the potential to achieve much greater efficiencies. The Queensland courts have now gone further, using the court-provided technology in the high proffle criminal trial of R v Hargraves, Hargraves and Stoten, in which the three accused were tried for conspiracy to defraud the Commonwealth of Australia of about $3.7 million in tax. This paper explains the technology employed in this case and reports on the perspectives of all of the participants in the process. The representatives for all parties involved in this trial acknowledged, without reservation, that the use of the technology at trial produced considerable overall efficiencies and costs savings. The experience in this trial also demonstrates that the benefits of trial technology for the criminal justice process are greater than those for civil litigation. It shows that, when skilfully employed, trial technology presents opportunities to enhance the fairness of trials for accused persons. The paper urges governments, courts and the judiciary in all jurisdictions to continue their efforts to promote change, and to introduce mechanisms to facilitate more broadly a shift from the entrenched paper-based approach to both criminal and civil procedure to one which embraces more broadly the enormous benefits trial technology has to offer.

Court-provided trial presentation technology : the way of the future?

The trial in Covecorp Constructions Pty Ltd v Indigo Projects Pty Ltd (File no BS 10157 of 2001; BS 2763 of 2002) commenced on 8 October 2007 before Fryberg J, but the matter settled on 6 November 2007 before the conclusion of the trial. This case was conducted as an “electronic trial” with the use of technology developed within the court. This was the first case in Queensland to employ this technology at trial level. The Court’s aim was to find a means to capture the key benefits which are offered by the more sophisticated trial presentation software of commercial service providers, in a way that was inexpensive for the parties and would facilitate the adoption of technology at trial much more broadly than has been the case to date.

Reports of cases argued and determined in the Supreme court of Judicature and in the Court for Trial of Impeachments and the Correction of Errors in the State of New-York /

Imprint varies.

Supreme Court Act 1995 (Qld) s 253 - leave to appeal costs orders - appeal against substantive judgment insufficient - must be arguable case that discretion will be overturned on appeal

The recent decision of the Court of Appeal in AGL Sales (Qld) Pty Ltd v Dawson Sales Pty Ltd [2009] QCA 262 provides clear direction on the Court’s expectations of a party seeking leave to appeal a costs order.This decision is likely to impact upon common practice in relation to appeals against costs orders. It sends a clear message to trial judges that they should not give leave as of course when giving a judgment in relation to costs, and that parties seeking leave under s 253 of the Supreme Court Act 1995 (Qld) should make a separate application. The application should be supported by material presenting an arguable case that the trial judge made an error in the exercise of the discretion of the kind described in House v King (1936) 55 CLR 499. A different, and interesting, aspect of this appeal is that it was the first wholly electronic civil appeal. The court-provided technology had been adopted at trial, and the Court of Appeal dispensed with any requirement for hard copy appeal record books.

The celebrated trial, Madeline Pollard vs. Breckinridge, the most noted breach of promise suit in the history of court records.

Trial of William Campbell Preston who was being sued by Miss Madeline Pollard for $50,000 in a breach of promise suit. Accused of promising to marry Miss Pollard and fathering a child and then failing to fulfill his promise. He was found guilty.

Trial of Jacob Barker, Thomas Vermilya, and Matthew L. Davis, for alleged conspiracy : testimony as reported by Hugh Maxwell, Esq., District Attorney, and certified for the use of the Supreme Court, by Ogden Edwards, Esq., the judge before whom the cause was tried at the Circuit, in August, 1827.

Trial in the Circuit Court for the First Judicial Circuit, New York City, June-July, 1827, for conspiracy to defraud the Morris Canal & Banking Company, the Fulton Bank and others.

Advanced manufacturing technology adoption - the German experience

The decision process that organisations utilise when evaluating technology investment opportunities is a complex and even political process; however, the correct decision can provide the organisation with considerable operational and competitive benefits. The research presented in this paper presents the findings of a postal survey of the benefits provided by technology investments to large German manufacturers. It was found that only where middle management generated the idea for the advanced manufacturing technology (AMT) investment was success in that investment significantly more likely. Respondents who established a project team to plan the technology proposal, regardless of the department which generated the ideas for technology investment, were not significantly associated with a greater likelihood for success.

The respondents typically took between 3 and 12 months before making the final decision to invest, irrespective of the department generating the idea for the AMT, and a further 6 months to implement the AMT. Respondents who utilised a discounted cashflow analysis took significantly longer to make the final decision to invest. The greatest number of manufacturing outcomes of significantly higher importance was identified for respondents where Engineering, IT or R&D generated the AMT ideas. It was also determined that the respondents most frequently considered AMT investments in computer hardware or software and technical training for process workers to be necessary at the time of considering the investment. Middle management were found to be significantly more concerned than managers on other levels about opposition of workers to the AMT, while the process workers were significantly more concerned about interruptions to the process during installation.

As ações de improbidade administrativa, o foro por prerrogativa de função e o alcance ao agente político

A improbidade administrativa é um fenômeno antigo na história do Brasil, tendo suas raízes estranhadas na própria colonização do país. Nesse sentido, tornou-se indispensável a implementação de medidas para o combate à corrupção lato sensu1, mobilizando as diversas áreas do direito para tal finalidade. A promulgação da Constituição Federal da Republica de 1988 (CRFB/1988) conferiu rigidez constitucional aos meios de coibição à improbidade administrativa, estabelecendo peremptoriamente princípios e normas pertinentes ao tema, evidenciando a importância do controle dos atos praticados pelos agentes públicos. Todavia, ficou a cargo do legislador infraconstitucional regulamentar as ações de improbidade administrativa, o que ocorreu com a promulgação da Lei nº 8429/1992 (Lei de Improbidade Administrativa – LIA). A Lei regulou seus aspectos materiais, quais sejam: seus sujeitos (art. 1º e 2º), atos (art. 9, 10 e 11) e sanções (art. 12); como também seus aspectos procedimentais (art. 17). O tema central do estudo refere-se ao juízo competente para julgamento e processamento dos agentes públicos nas ações de improbidade administrativa, por eles gozarem de foro por prerrogativa de função no julgamento dos crimes comuns (responsabilidade penal) e de responsabilidade (responsabilidade política), e este ser um benefício relacionado exclusivamente com o cargo ocupado pelo agente. Neste sentido, por a ação de improbidade ser essencialmente sancionatória e dotada de aspectos políticos-administrativos, possuindo peculiaridades das duas esferas, muitos questionam a extensão da aplicação do benefício em questão levando em consideração o silêncio da lei. Visto isso, aprofundarei a discussão especificamente no que se refere aos agentes públicos, dividindo-a em dois aspectos: (1) os agentes políticos respondem por improbidade administrativa, visto já responderam no âmbito político-administrativo por crimes de responsabilidade? (2) em caso positivo, aplica-se foro de prerrogativa de função? Essas questões levantadas são alvo de bastante divergência na doutrina e, principalmente, na jurisprudência. Desta forma, o trabalho objetiva analisar se se estenderia a prerrogativa de foro às ações de improbidade administrativa visto que, mesmo constitucionalmente consagrada como ação civil, é uma ação dotada de peculiaridades relevantes, seja pelo forte conteúdo sancionatório, principalmente no que tange às penas previstas que ultrapassam as reparações pecuniárias do direito civil, seja por envolver interesses político e posições hierárquicas. Ultrapassada a questão, ainda busca analisar o ajuizamento destas ações em face dos agentes políticos, tanto em razão de sua possibilidade (visto já responderem por crimes de responsabilidade) quanto ao órgão jurisdicional competente para julgá-los (esbarrando novamente na questão da aplicação ou não da prerrogativa de foro).

土石混合体细观结构力学及其边坡稳定性研究

Soil-rock mixture (S-RM) refers to one extremely uneven loose rock and soil materials system with certain stone content. Its formation has started since Quaternary and it is composed of block stone, fine grained soil and pore with certain project scale and high strength. S-RM has extensive distribution in nature, especially in southwest China where the geotectonic background is complicated, the fracture activity is developed and the geomorphological characteristics of high mountain and steep gorge area are protuberant. This kind of complicated geologic body has developed wider in these areas. S-RM has obvious difference with the general soil or rock (rock mass) in physical and mechanical properties because its two components-“soil” and “rock-block” has extreme differences in physical and mechanical properties. The proposition of S-RM and its deep research are needed in the modern engineering construction. It is also the necessity in the modern development of rock and soil mechanics. The dissertation starts from the meso-structural characteristics of soil-rock and takes a systematic research on its meso-structural mechanics, deformation and failure mechanism and the stability of S-RM slope. In summary, it achieves the following innovative results and conclusions. There are various views on the conception of S-RM and its classification system. Based on the large number of field tests, the dissertation makes the conception and classification of S-RM more systematic. It systematically proposed the conception of meso-structural mechanics of S-RM. Thus the dissertation has laid a foundation for its deep study. With the fast development of the computer technology and digital image processing theory, digital image processing technology has been successfully applied in many fields and provided reliable technology support for the quantitative description of the structural characteristics of S-RM. Based on the digital image processing technology, the dissertation systematically proposes and developed the quantitative analysis method and quantitative index for the meso-structure of S-RM. The results indicate that the meso-structure such as its internal soil-rock granularity composition, the soil-rock shape and the orientability has obvious self-organization in the macro statistical level. The dissertation makes a systematic research on the physical mechanical properties, deformation and failure mechanism of S-RM based on large field test. It proposes the field test for the underwater S-RM and deduces the 3D data analysis method of in-situ horizontal push-shear test. The result indicates that S-RM has significant phenomenon of shear dilatancy in the shearing process, and its dilatancy will be more obvious with the increased proportion of rock or the decreased confining pressure. The proportion of rock has great effect on the strength of S-RM and rock-block, especially the spatial position of particles with comparatively big size has great effect on the shape and spatial position of the sample shear zone. The dissertation makes some improvements in the single ring infiltration test equipment and its application on the permeability of S-RM. The results indicate that the increasing of rock-block would make it more difficult for the soil to fill in the vacuity between the rock-block and the proportion would increase which would result in the increased permeability coefficient. The dissertation builds the real meso-structural model of S-RM based on the digital image processing technology. By using geometric reconstruction technology, it transfers the structural mode represented by Binary image into CAD format, which makes it possible to introduce the present finite element analysis software to take research on numerical experimental investigation. It systematically realizes leaping research from the image，geometric mode, to meso-structural mechanics numerical experiment. By using this method, the dissertation takes large scale numerical direct-shear test on the section of S-RM. From the mesoscopic perspective, it reveals three extended modes about the shear failure plane of S-RM. Based on the real meso-structural model and by using the numerical simulation test, the character and mechanics of seepage failure of S-RM are studied. At the same time, it builds the real structural mode of the slope based on the analysis about the slope crosssection of S-RM. By using the strength reduction method, it takes the research on the stability of S-RM and gets great achievements. The three dimensional geometric reconstruction technology of rock block is proposed, which provides technical support for the reconstruction of the 3D meso-structural model of S-RM. For the first time, the dissertation builds the stochastic structure model of two-dimensional and three-dimensional polygons or polyhedron based on the stochastic simulation technique of monte carlo method. It breaks the traditional research which restricted to the random generation method of regular polygon and develops the relevant software system (R-SRM2D/3D) which has great effect on meso-structural mechanics of S-RM. Based on the R-SRM software system which randomly generates the meso-structural mode of S-RM according to the different meso-structural characteristics, the dissertation takes a series of research on numerical test of dual axis and real three-axis, systematically analyses the meso destroy system, the effects of meso-structural characteristics such as on the stone content, size composition and block directionality on the macro mechanical behavior and macro-permeability. Then it proposes the expression of the upper and lower limit for the macro-permeability coefficient of the inhomogeneous geomaterials, such as S-RM. By using the strength reduction FEM, the dissertation takes the research on the stability of the slope structural mode of the randomly formed S-RM. The results indicate that generally, the stability coefficient of S-RM slope increases with the increasing of stone content; on the condition of the same stone content, the stability coefficient of slope will be different with different size composition and the space position of large block at the internal slop has great effect on the stability. It suggests that meso-structural characteristics, especially the space position of large block should be considered when analyzing the stability of this kind of slope and strengthening design. Taking Xiazanri S-RM slope as an example, the dissertation proposes the fine modeling of complicated geologic body based on reverse engineering and the generation method of FLAC3D mode. It resolves the bottleneck problem about building the fine structural mode of three-dimensional geological body. By using FLAC3D, the dissertation takes research on the seepage field and the displacement field of Xiazanri S-RM slope in the process of reservoir water level rising and decreasing. By using strength reduction method, it analyses the three-dimension stability in the process of reservoir water level rising and decreasing. The results indicate that the slope stability firstly show downward trend in the process of reservoir water level rising and then rebound to increase; the sudden drawdown of reservoir water level has great effect on the slope stability and this effect will increase with the sudden drawdown amplitude rising. Based on the result of the rock block size analysis of S-RM, and using R-SRM2D the stochastic structure model of Xiazanri S-RM slope is built. By using strength reduction method, the stability of the stochastic structure model is analysis, the results shows that the stability factor increases significantly after considering the block.

Computer Museum, School of Computing and Mathematical Sciences, University of Greenwich

Computer equipment, once viewed as leading edge, is quickly condemned as obsolete and banished to basement store rooms or rubbish bins. The magpie instincts of some of the academics and technicians at the University of Greenwich, London, preserved some such relics in cluttered offices and garages to the dismay of colleagues and partners. When the University moved into its new campus in the historic buildings of the Old Royal Naval College in the center of Greenwich, corridor space in King William Court provided an opportunity to display some of this equipment so that students could see these objects and gain a more vivid appreciation of their subject's history.

Vivências de cuidado familiar à criança dependente de tecnologias: subsídios para a enfermagem

Crianças dependentes do uso de tecnologias para viver necessitam de cuidados diferenciados, tanto dos profissionais da saúde como de sua família. Para o enfermeiro atuar junto à família da criança dependente do uso de tecnologias é necessário que compreenda quais são os recursos importantes para o enfrentamento de situações estressantes que envolvem, necessariamente, o conviver com a doença e o cuidado. Ao vivenciar a relação com essa família, o enfermeiro estuda e desenvolve sua prática de aprendizado e de ensino sobre o cuidado humano, criando o fazer profissional e, nesse processo de aprender/ensinar/criar, ele concebe, organiza e expressa ações de cuidado. A compreensão da experiência da família no processo de cuidar da criança em seu cotidiano pode subsidiar as intervenções da enfermagem nessas situações. Assim, objetivou-se conhecer as vivências de famílias no cuidado às crianças dependentes de tecnologias. Realizou-se uma pesquisa qualitativa, descritiva e exploratória no primeiro semestre de 2014. Os dados foram coletados por meio de entrevistas semiestruturadas com treze familiares cuidadores de crianças dependentes de tecnologias atendidas em uma Unidade de Pediatria de um hospital universitário do sul do país e submetidos à análise temática. Encontraram-se como categorias: caracterização da população do estudo; identificação da percepção do familiar cuidador a cerca do cuidado à criança dependente de tecnologia; recepção do diagnóstico da criança; mudanças do cotidiano familiar em função do cuidado à criança; profissionais de saúde e a enfermagem: contribuições para a instrumentalização do familiar cuidador; facilidades e dificuldades encontradas pelo familiar cuidador durante o cuidado à criança dependente de tecnologia; recebimento de ajuda da rede de apoio social para o cuidado à criança. Acredita-se que este estudo possibilitou a compreensão da experiência de famílias no processo de cuidar da criança dependente de tecnologias em seu cotidiano, subsidiando as intervenções da enfermagem nessas situações.

Mooting and technology : to what extent does using technology improve the mooting experience for students?

It is generally acknowledged that mooting is an effective way to enhance the teaching of practical skills in legal education as well as to provide an authentic learning experience with links to the real world. However, there are a number of impediments to students participating in mooting; in particular being located off-campus, inexperience and lack of time. It has been suggested that technology may be a means of overcoming these impediments. However the use of technology in mooting has not been tested. This paper will report on a trial of the use of Second Life and Elluminate and videoconferencing as platforms for the conduct of moots. The trials identified limitations in the use of technology for mooting in particularly in relation to the development of advocacy skills. The paper will conclude that these limitations can be overcome by careful consideration of the appropriate technology to be used depending on the context and the objectives to be achieved by the moot. It will also suggest that in order to provide an authentic use of online communication technology in a court setting, the best available technology should be used for the conduct of moot competitions.