Benefit of the Doubt

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Giving the Benefit of the Doubt

Giving the Benefit of the Doubt

First, it is psychologically possible for you to believe your friend. One way of making sense of this possibility is to imagine that, in considering whether your friend is innocent, you bring to bear everything you know about your friend Ñ their history, circumstance, character, values, the fact that they value your friendship and care about truthfulness Ñ and so come to judge that this evidence, in conjunction with their testimony, outweighs the evidence pointing to their guilt. However, this possibility should be excluded: the murder case should be read as a case where the balance of evidence, when impartially considered, points to your friendÕs guilt. The first claim is that even in this situation, you could believe your friend. 1 The claim, here, is not that belief is probable but possible. The way that things would probably play out would be that you would listen to your friendÕs account, weigh the evidence, and at a certain point either trust your friend, giving them the benefit of the doubt Ñ or not. 2 Moreover, that you should trust your friend Ñ that you should put your faith in them, and so believe them Ñ is a claim that has been much discussed. 3 A presupposition of this discussion is that belief is a psychological possibility.

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Denying Defendants the Benefit of a Reasonable Doubt: Federal Rule of Evidence 609 and Past Sex Crime Convictions

Denying Defendants the Benefit of a Reasonable Doubt: Federal Rule of Evidence 609 and Past Sex Crime Convictions

individual charged with a non-sexual offense wants to testify at trial but knows that he may have his credibility impeached by evidence of a prior sex crime conviction, he has one of three choices: he may accept a plea bargain regardless of actual guilt; he may go to trial but decline to testify, potentially undermining his defense; or he can testify and take his chances with the jury. A man on trial for tax evasion could find himself explaining his remorse for a rape that he was convicted of eight years before, rather than simply explaining to the jury that he had followed his accountant’s instructions when he filed his tax return and was unaware of the error on that form. This is a problem because the prejudicial effect of a sex crime conviction will nearly always outweigh the probative value of that evidence as to credibility, making an acquittal based on valid reasonable doubt much less likely. The fact is, known or alleged sex offenders 13 are the most

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A Reason to Doubt: The Suppression of Evidence and the Inference of Innocence

A Reason to Doubt: The Suppression of Evidence and the Inference of Innocence

A more appropriate Brady instruction would focus the jury’s attention on what weight, if any, it might choose to give the government’s conduct in its determination of whether the government has proven guilt beyond a reasonable doubt. A jury should be told, plainly and clearly, that the government’s intentional nondisclosure of favorable evidence was wrong. A jury should also be told that it may draw a permissive inference regarding the connection between the government’s misconduct and whether the government has proven guilt beyond a reasonable doubt. The language of the Brady instruction should deter prosecutors from withholding Brady evidence in order to gain a tactical advantage in the litigation. Under the current state of the law, prosecutors can perform their own private cost- benefit analysis to determine whether suppression of Brady evidence is “worth the risk” of any sanctions. This cost-benefit calculation is greatly informed by the improbability that the suppressed evidence will ever be discovered, the remote possibility that there will be any adverse consequences to the government’s case, and the unlikely prospect that the individual prosecutor will be held accountable. The prosecutor is forced to make a very different calculation, however, if a presumptive consequence of intentional Brady misconduct is an instruction to the jury that places the government in a disadvantageous position, shifting the tactical advantage of nondisclosure to the defense. The threat of such a sanction would make the suppression of evidence a far riskier proposition and would cause prosecutors to correctly err on the side of disclosure. 144 A punitive Brady instruction that comprehensively addresses all of these concerns would be the following:

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A qualitative study of the Omani physicians’ lived  experience with truth disclosure to cancer patient

A qualitative study of the Omani physicians’ lived experience with truth disclosure to cancer patient

there is however no doubt that the doctors in Oman would welcome and probably benefit from these forms of guidelines on the subject by a competent committee; 2) The health care providers needs more training to in- crease their communication skills especially in the con- text of breaking bad news in telling the patient the truth about cancer diagnosis or any other serious illness, such skills have been found to improve Doctor-patient rela- tionship, satisfaction with care and patient health out- comes; 3) There is a need to establish medical social work departments in SQUH, and also in the other Omani healthcare institutions and even perhaps all healthcare institutions in all Gulf States, being of similar culture as a separate section to support the treating teams in the hospital. Especially in the context of disclosing informa- tion to the patient; 4) The basic ethical principles of Is- lam relevant to medical practice must be added in the curriculum of medical colleges to enhance the ethical education during the undergraduate medical training or as continuous medical education as well; 5) Disclosing the information to the cancer patient is a team work job of the health care providers, the social worker must be an essential part of this team and the senior physician can be the leader of this team.

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Cavell and Hume on Skepticism, Natural Doubt, and the Recovery of the Ordinary

Cavell and Hume on Skepticism, Natural Doubt, and the Recovery of the Ordinary

this disappointment there are “natural” reasons for finding the appeals OLP (ordi- nary language philosophy) makes empty and the universality of its voice a sham (CR 90). We may, in fact, wish it to be so. It is insufficient, therefore, and even dangerous on Cavell’s account to demand a philosophical conclusion that will purge the scene of skepticism — under the false pretense that skeptical doubts are unnatural, that rea- son is always local, that the epistemologists’ context is a false or “non-claim” context, that language includes indubitable “hinge” or “framework” propositions to settle our doubts, that we possess innate “clear and distinct” ideas certified by God or common sense or nous, that the transcendental conditions for the possibility of something pre- clude doubt, etc., etc., etc. Skeptical doubt and its avoidance of meaning for Cavell— its possibility at the very least — are rooted in the natural meaningfulness of human existence itself.

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Benefit from the inclusion of surgery in the treatment of patients with stage III pancreatic cancer: a propensity-adjusted, population-based SEER analysis

Benefit from the inclusion of surgery in the treatment of patients with stage III pancreatic cancer: a propensity-adjusted, population-based SEER analysis

able lesion are often sent for surgical consultation to consider resecting the only remaining tumor. Nevertheless, existing evidence regarding any potential survival benefit of surgery for stage III PC remains paradoxical. Denecke et al reported a poor median overall survival of 12.4 months in six patients who were operated on by distal celiacopancreatectomy, and five of them had tumor recurrence after surgery. 7 Another research

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Doubt, incredulity, and particles in Japanese falling interrogatives

Doubt, incredulity, and particles in Japanese falling interrogatives

ka. ka “Can birds live in a place like this!?”/ “Birds can live in a place like this after all!” The addition of no in (20), repeated from (2), has the effect of making evidence in support of the prejacent mandatory in the input context. The bare FI without no, on the other hand, merely indicates that in the input context, the speaker does not believe prejacent ϕ to be true (which corresponds to a doubt reading). Recall that no marks evidence in principle strong enough for assertion of ϕ. Thus, only the bare FI can be used to reject ϕ, while the no-FI typically receives a belief revision, or incredulity reading. Bare FIs and doubt In Davis’s doubt scenario, the speaker rejects accepting a claim by the ad- dressee. Recall that, according to the analysis pro- posed above, the following holds for a bare FI. (21) context before INT (ϕ)↓: ¬ B S c ϕ

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Doubt cubic H-ideals of BG-algebra

Doubt cubic H-ideals of BG-algebra

the study of BCK- algebra and BCI algebra was initiated by Imai and Iseki [2] in 1966. B-algebra was introduced by Neggers and Kim [8], which is related to BCI/BCK- algebra in many aspects. Kim and Kim[7] generalised B-algebra as BG-algebra and this algebra was fuzzyfied by Ahn and Lee[1]. Khalid and Ahmad [6] introduced fuzzy H-ideals in BCI-algebra in 1999. In 1994, Jun [5] introduced the concept of doubt fuzzy ideals in BCK/BCI- algebras. The notion of doubt fuzzy H-ideals in BCK-algebra was introduced by Zhan and Tan [10]. The concept of interval valued fuzzy sets, an extension of fuzzy sets was due to Zadeh [9] and based upon it, Jun [3] developed the notion of cubic sets. In this approach, doubt cubic H-ideal of BG-algebra is defined and some of its properties, investigated.

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Essays on the Information Acquisition of Doubt-Prone Decision Makers

Essays on the Information Acquisition of Doubt-Prone Decision Makers

informational sources, it seems that the cost of acquiring information should not be prohibitive for voters. Note that there are political issues whose resolution the voters may never observe. For instance, the voters may choose not to observe the amount of foreign aid given, the degree of lobbying or nepotism, or the government stance on interrogation methods. For those issues, a doubt-prone agent may have incentive to ignore information even if it is free. In other words, making information more acces- sible would not necessarily have a strong impact on the individual’s informativeness on these issues. Since voters affect the election result as a group, each individual’s decision to acquire information has an externality on other voters and on their deci- sion to acquire information. This section discusses a very simple example in which voters’ information acquisition plays a dominant role on the other voters’ decision to acquire information. Although voting is sincere, there is a strategic aspect to the decision to acquire information.

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Without a ’doubt’? Unsupervised Discovery of Downward Entailing Operators

Without a ’doubt’? Unsupervised Discovery of Downward Entailing Operators

An important part of textual inference is mak- ing deductions involving monotonicity, that is, determining whether a given assertion en- tails restrictions or relaxations of that asser- tion. For instance, the statement ‘We know the epidemic spread quickly’ does not entail ‘We know the epidemic spread quickly via fleas’, but ‘We doubt the epidemic spread quickly’ entails ‘We doubt the epidemic spread quickly via fleas’. Here, we present the first algorithm for the challenging lexical-semantics prob- lem of learning linguistic constructions that, like ‘doubt’, are downward entailing (DE). Our algorithm is unsupervised, resource-lean, and effective, accurately recovering many DE operators that are missing from the hand- constructed lists that textual-inference sys- tems currently use.

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Beyond Reasonable Doubt: An Abductive Dilemma in Criminal Law

Beyond Reasonable Doubt: An Abductive Dilemma in Criminal Law

In the common law tradition, a theory of the case is an inference to the hypothesis that best explains the evidence. The prosecutor’s theory of the case is that what best explains the evidence is that the accused is guilty as charged. The defense’s theory of the case is that that which best explains the evidence is incompatible with the hypothesis of guilt. One of the principal duties of a juror is to assess the respective merits of the parties’ theories of the case. Inference to the best explanation is perhaps the most common, and most intuitive, form of abductive reasoning. Peirce noted a long time ago that abduction is a kind of guessing (Peirce, 1931-1958, 5.172). In as much as it is Peirce who introduced the term “abduction” to cover regressive inferences of this kind, we shouldn’t be too quick in dismissing the guessing feature that he claims for it. Of course, there are costs involved in our staying with the Peircian conception of abduction. One is that, on the face of it, no theory of the case can satisfy the criminal standard of proved beyond a reasonable doubt. For how can guessing at a proposition ever amount to a proof of it? 1 In (Woods, 2007b), I have explored ways in which this difficulty might be resolved. In the present paper, I want to turn my attention to some other difficulties that arise in the abductive environments of criminal jurisprudence.

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Emotional benefit of cosmetic camouflage in the treatment of facial skin conditions: personal experience and review

Emotional benefit of cosmetic camouflage in the treatment of facial skin conditions: personal experience and review

these products, likely because they are not trained in their application, benefits, and ingredients. This underscores the importance of early education (in residency) regard- ing the cosmetic concerns of medical patients as well as the available over-the-counter products that many patients enquire about. Patients may switch physicians, especially if they feel that their physician does not address cosmetic concerns or have knowledge regarding the availability of products that may be of benefit in addition to the prescribed medical therapies. Almost every patient is willing to use makeup and follow a simple regimen at home with the right discussion. Patients with vitiligo, erythematotelangiectatic rosacea, or hemangiomas may require more coverage while those with melasma or post-inflammatory hyperpigmenta- tion may require increased time in skin matching to balance colors. Patients with acne may require coverups that will not irritate or worsen disease and can be integrated with prescribed medical therapies.

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Realizing Expressions of Doubt in Collaborative Dialogue

Realizing Expressions of Doubt in Collaborative Dialogue

As noted above, beliefs play a prominent role in expressions of doubt, since a speaker will ideally convey enough information for the hearer to dis- cern 1) that she is expressing doubt, 2) what she is doubting, 3) any support she has for the doubt, and 4) the strength of this support. In addition, speak- ers tend to dierentiate new supporting informa- tion from that which is already part of the common ground and which should already have been consid- ered. These beliefs are often not explicitly stated, but are assumed to be inferable by the doubted agent based on his knowledge of the previous dialogue, knowledge of the other agent's beliefs, a model of stereotypical beliefs, linguistic knowledge, and the particular realization of the doubting agent's utter- ance.

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Doubt fuzzy BCI algebras

Doubt fuzzy BCI algebras

1. Introduction and preliminaries. The concept of a fuzzy set is applied to gener- alize some of the basic concepts of general topology [2]. Rosenfeld [6] constituted a similar application to the elementary theory of groupoids and groups. Xi [7] applied the concept of fuzzy set to BCK-algebras. Jun [4] defined a doubt fuzzy subalgebra, doubt fuzzy ideal, doubt fuzzy implicative ideal, and doubt fuzzy prime ideal in BCI- algebras, and got some results about it. In this note, we define a doubt fuzzy p -ideal of a BCI-algebra and investigate its properties.

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The Dynamics of Doubt

The Dynamics of Doubt

Doubt, in this instance, engenders an attitude whereby individuals engage in an odyssey of sorts. Individuals may find themselves unsure as to which option (religious or otherwise) will provide a sense of meaning or fulfillment. In A Secular Age Charles Taylor highlights the lived experience of ‘secularity,’ and this conceptualization helps us further ground the phenomenon of doubt in contemporary society. In detailing the secular, Taylor notes that he wants specifically to “focus attention on the different kinds of lived experience involved in understanding [one’s] life in one way or the other, on what it’s like to live as a believer or an unbeliever” (5). He offers a schema whereby we understand our lives in terms of ‘fullness,’ ‘exile,’ and a ‘stabilized middle condition’ between the two. (5-6). He notes that religious and non-religious persons have different means of attaining this state of ‘fullness.’ For the former, it is often found ‘outside’ of the self, specifically in relation to an external religious tradition and/or religious community. For the latter, “the predicament is quite different. The power to reach fullness is within” (8). That is, this sense of ‘fullness’ can be achieved through our own natural capacities and social constructs; one is not dependent on a higher, transcendental force.

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Reasonable Doubt and Moral Elements

Reasonable Doubt and Moral Elements

determining whether the terms apply to the conduct in question. And they are typically applied to individual cases by trial judges and juries without detailed guidance from appellate decisions and legislations. See, e.g., State v. Chacon, 03-0446, p. 5 (La. App. 5 Cir. 10/28/03); 860 So. 2d 151, 153 (“Mistreatment is equated with ‘abuse’ and has a commonly understood meaning.”); People v. Biegajski, 332 N.W.2d 413, 418 (Mich. Ct. App. 1982) (pointing out that the word “torture” has “a common, ordinary meaning”); State v. VanVlack, 765 P.2d 349, 351 (Wash. Ct. App. 1988) (“The term ‘consent’ does not have a technical meaning different from the commonly understood meaning . . . . Consequently the trial court was not required to instruct the jury on the definition of consent.”). See also State v. Blount, 770 P.2d 852, 855 (Kan. Ct. App. 1989) (“A person of common intelligence could readily understand what constitutes a lack of consent and . . . does not have to guess at the meaning of ‘lack of consent’ to determine whether one has acted in violation of the statute.”). Moral or normative elements constitute a subset of the category of what is commonly referred to as “mixed questions of fact and law,” and it is not always easy to draw the line between moral or normative elements and other mixed questions. See generally Randall H. Warner, All Mixed Up About Mixed Questions, 7 J. A PP . P RAC . & P ROCESS 101 (2005) (providing an overview of different types of mixed questions of law and fact). Nevertheless, because “moral or evaluative elements,” in the sense used in this Article, are common enough a phenomenon, the question of how the reasonable doubt standard applies to these elements can be addressed without being bogged down by the question of exactly how to draw the distinction between elements that are moral or normative in the sense used in this Article and those that are not.

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Optimizing the benefit of multiple sclerosis therapy: the importance of treatment adherence

Optimizing the benefit of multiple sclerosis therapy: the importance of treatment adherence

course of MS varies between patients, and while therapy is often effective, the individual patient may not fully under- stand the benefits of remaining on treatment. The effects of treatment may not become apparent immediately, which may in part explain the high discontinuation rates observed in the first few months of treatment. Additionally, the unpre- dictability of the disease course means it is impossible to predict how their MS would affect them were they not on treatment, so the true benefit of treatment in the individual patient is unclear. Some patients starting MS therapy tend to be overly optimistic about the benefits of therapy. Unre- alistic expectations have been shown to be highly predictive of premature discontinuation. Therefore, it is important that patients’ expectations are managed prior to treatment initiation. 9,15 Importantly, if a patient does not adhere to the

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Dreams, Doubt, and Dread: The Spiritual in Film

Dreams, Doubt, and Dread: The Spiritual in Film

The very structure and form of this collection serves as paradigmatic for its purpose, namely to foster an experience and dialogue about how films transform us. By framing each section around the “roundtable” discussion—by far the strongest elements within the book—the reader is invited into the conversation as both observer and listener; he or she is drawn into the collaborative dialogue, allowing for the possibility of transformation. The very possibility of human communication and connection through the medium of the written word about another medium (film) is itself a phenomenological venture. The variety of authorial perspectives and each film or filmmakers’ effect(s) reveal the complexity of the study at hand. Framed by a foreword from Robert K. Johnston and an afterward by Gregory Alan Thornbury, the conversational tone of the collection is invitational and personal while remaining academically rigorous in tone. While using the collection as a textbook for undergraduates might prove unwieldy, it certainly is accessible to those in graduate studies, and would be worth placing on the bookshelf of academics interested in phenomenology, theology, and cinema. The collection’s greatest strength is in highlighting fresh scholarly and filmmaking voices; Settle and Worley have assembled a considerable and diverse team of writers exploring recent and yet-to-be-examined films and filmmakers from the novel perspective of phenomenology. I always appreciate making new discoveries, both of films I have yet to see, as well as voices I need to be reading; Dreams, Doubt, and Dread offers such discoveries and insights in spades.

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Men of doubt: Fortini, Brecht, Benjamin

Men of doubt: Fortini, Brecht, Benjamin

For Rose, Angelus Novus is an angel who endlessly defers, is stuck in what she calls ‘aberrated mourning’; and is impotent, static, frozen in horror, pushing hope off into an impossible distance. Angelus Dubiosus stands for a ‘facetious reason’ that learns and grows. It is an angel who tries to act for the good, but comes up against ‘the actuality of others and the unanticipated meanings between them’. From this it learns. It makes mistakes. Things go wrong. It discovers its faults and failings, yet still risks going on, takes on new ventures. It appears, she says, in what could be a description of some of Brecht’s characters, or even his prose, ‘commonplace, pedestrian, bulky and grounded’. Doubt, from self-doubt to doubting the rele- vance of actions in the world is a motor of attempted change, and we know what we know: that we are hungry and that we can love, and that is the basis of a programme. Or as Brecht famously wrote into song, ‘Erst kommt das Fressen, Dann die Moral’ – ‘Grub first, then ethics’, Auden translated it. Fortini observed, in ‘The Writers’ Mandate and the End of Anti-Fascism’, that Brecht was oriented to those who constructed the Age of Science – be they peasants or the ascendant bourgeois – who enjoyed their roast goose – unlike Lukács, whose failing was to be certain that the functionaries of the Soviet Union communicated with a working class, or his imputa- tion of it, which could be led back and forwards along the narrow track of Lenin to Hegel, and when the vistas open, it is only onto the perspective of what Fortini calls the most insipid social-radical humanism.

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