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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Sex offense convictions are extraordinarily prejudicial—overwhelming evidence shows that sex offenders are the most feared and despised group in this country—and these convictions are not particularly probative of credibility. Yet judges rarely acknowledge this when comparing the probative value of past sex crime convictions to their prejudicial effect on jurors. This failure undermines evidentiary principles that are fundamental to our system of criminal justice. A defendant who previously was convicted of a sex offense is left with three bad choices: he or she can accept a plea bargain regardless of actual guilt; go to trial but decline to testify; or testify, but lose the jury’s goodwill when the sex crime conviction is presented. An acquittal based on valid reasonable doubt becomes much less likely.
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Bigelow History of Procedure in England From the Norman Conquest (Harvard University Press, 1880) 322; Karl Kunert ‘Some Observations on the Origin and Structure of Evidence Rules Under the Common Law System and the Civil Law System of ‘Free Proof’ in the German Code of Criminal Procedure’ (1959) 29 Buffalo Law Review 122; George Fletcher ‘Two Kinds of Legal Rules: A Comparative Study of Burden-of-Persuasion Practices in Criminal Cases’ (1968) 77 Yale Law Journal 880; William Laufer ‘The Rhetoric of Innocence’ (1995) 70 Washington Law Review 329. Sir William Blackstone Commentaries on the Laws of England: Book the Fourth (Clarendon, 1769) 352; Hobson’s Case (1823) 1 Lew CC 261, 261 (‘It is a maxim of English law that it is better that ten guilty men should escape than that one innocent man should suffer’); Andrew Stumer, The Presumption of Innocence: Evidential and Human Rights Perspectives (Hart, 2010) 1-4. It has clear links with the concept of ‘reasonable doubt’; some see the two as essentially one and the same doctrine; others see them as distinct doctrines. This debate need not be amplified for present purposes.
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respect for dignity, or reasonably compelling principles of justice jus- tify Move One; the requirement that criminal punishment not be administered absent proof beyond a reasonable doubt of the facts constituting guilt. What compels the next move—Move Two? Even if we grant that the accused is entitled to some kind of assistance, why does that assistance have to be the assistance of a zealous advocate rather than, say, a friendly inquisitor? By “friendly inquisitor” I mean a skilled person whose job it is to make sure that the state’s proof burden is met, but whose own epistemic standards are no higher than the state’s ultimate burden, i.e., proof beyond a reason- able doubt. The role of the friendly inquisitor is to assure that the ac- cused is not convicted on less than proof beyond a reasonable doubt, but she (unlike the zealous advocate) sifts the evidence herself with a view toward making an assessment, and the standard she employs in so doing is the self-same beyond a reasonable doubt standard. Once the friendly inquisitor is persuaded that the state’s competent evi- dence establishes proof beyond a reasonable doubt, her task is to help the accused overcome whatever resistance he has to accepting re- sponsibility. 26
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The rush to achieve pre-established minimum numbers of FBOs in the build-up to high-risk football tourna- ments such as the 2006 World Cup means that the strict regime for imposing FBOs established in Gough is not being followed in the lower courts. Magistrates are accepting dubious evidence, often of little more than guilt by association, and are not applying the correct standard of proof in order to ask whether first, individu- als have been involved in previous disorder, and secondly whether an FBO is required to prevent them causing future disorder. In particular with regard to the second question, this means that bans, or certain conditions, are imposed unnecessarily on individuals who are not a threat to public order in this country or abroad. When these facts are considered together with the type and range of conditions imposed on re- spondents, the duration of FBOs and the costs implications of contesting an Order, it becomes extremely difficult to agree with the decisions in Gough that FBOs are purely preventative rather than punitive in nature. FBOs can undoubtedly play an important role in reducing football crowd disorder alongside the many other strategies applied at the 2004 European Championships and the 2006 World Cup. However, they impose serious restrictions upon individuals who have either already been punished for an offence, or who have not been found guilty of any criminal offence. As such courts should, following Gough, only impose FBOs where they are necessary beyond reasonable doubt and with serious consideration of how necessary is each indi- vidual condition.
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Osteocalcin (OC) and Collagen: The modest rise in OC levels (Fig. 3-17) was initially unexpected in light of previous findings which described the reduced expression of OC in TGF-ß-treated foetal rat calvarial culture 190,191,54,46 and the down-regulation of the OC gene by TGFß in rat osteosarcoma cells 159 . However it is important to note that OC levels did not begin to differ substantially from control until after Day 19. This suggests that there was an initial suppression of OC during proliferation. Another important factor is the temporal sequence of expression for growth proteins 170 ; OC is a late-expression protein that rises in association with matrix and nodule formation. Knowing that TGFß inhibits differentiation of the osteoblast phenotype and promotes proliferation, it seems reasonable to suggest that in human MSC, TGFß allows an initial proliferation of osteoblast-like cells but when this phase is past, continues to suppress differentiation and thereby protein expression until organization of nodules and mineralization begins. This is described in the literature as a so-called biphasic effect, i.e. continuous exposure to TGF-ß leads to a bifunctional growth response from a negative effect in the proliferative phase to a positive growth effect during later maturation phases of the osteoblast developmental sequence 50 . The later rise in OC would therefore be subsequent and secondary to proliferation, and was likely produced by osteoblasts beneath the surface of nodules as described in Sec. 1.4. This hypothesis is supported in our results by the concomitant rise in Kossa-stained colour density / surface area (Fig. 3-7 and 3-9 respectively) and OC levels (Fig.3-16, 3-17).
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An even more unsettling result was produced by Reifman, Gusick, and Ellsworth (1992), in a study which moved away from the jury simulation method, and instead questioned past jurors. Questionnaires were returned by 224 individuals who had recently been summoned for jury duty. These questionnaires contained questions about trial procedure and substantive criminal law issues; since the questionnaires were identical, every participant answered some questions about topics they had been instructed on, and some for which they had not received any information. Results revealed that although instructions improved performance on understanding of procedural issues, they had little effect on comprehension of the relevant substantive law to be applied, with instructed jurors overall answering fewer than half of the questions correctly. Admittedly, the fact that this study tested juror comprehension at the end of a jury duty term rather than immediately following a trial could mean that it was instruction recall, not understanding, which was being assessed. This casts some doubt over the especially low level of comprehension recorded in this study. Nonetheless, the results indeed confirm that jurors, whether in real or mock trials, do experience considerable difficulty comprehending and applying judicial instructions.
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The essence of our study is to ascertain if stock market return in Nigeria is affected by monetary policy adjustments or not. In the course of this, we employed the ARDL econometric technique to aid us in making an empirical conclusion regarding the bone of contention bearing in mind that our conclusion in this subject matter may be used to make assertion by other researchers who have interest in this area of study in finance. With this in mind, we are convinced beyond reasonable doubt based on the data we employed that stock market return in Nigeria is not significantly affected by adjustments in monetary policy instrument of the Central Bank of Nigeria (CBN): The apex regulator of the financial system in Nigeria. The major implication is that investment in the stock market is