1,720,961 research outputs found
GESLAGSOORDRAAGBARE SIEKTES EN DIE GESLAGSDAAD AS GEWELDSINSTRUMENT
No full textIn 'n beslissing van die Hoge Raad (HR) in Nederland van 24 Junie 2003 het die volgende feitestel navore getree: die beskuldigde het tussen die periode 1 Januarie 2001 tot 22 Februarie 2001 by verskeie geleenthede met die slagoffer/klaagster geslagsomgang gehad wetende dat hy met HIV besmet was en bewus daarvan was dat dit deur die geslagsdaad oordraagbaar is en uiteindelik tot die dood van die slagoffer sou kon lei. Hy het vroeër ook gedurende die periode van 1 Februarie 2000 tot 31 Mei 2000 onder dieselfde omstandighede met 'n ander vrou by meerdere geleenthede geslagsomgang gehad. Die HR moes in finale instansie beslis of dolus eventualis/kans-bewussyn teenwoordig was, met ander woorde: het die beskuldigde hom deur dié optrede aan poging tot doodslag skuldig gemaak? Die hof a quo, naamlik die Gerechtshof te 's-Gravenhage, het 'n positiewe bevinding in dié verband gemaak.In die onderhawige bydrae word die Nederlandse reg, teen die agtergrond van die beslissing van die HR in die saak, onder die loep geneem. Daarna word die Suid-Afrikaanse reg in dié verband aan die orde gestel en 'n kritiese evaluasie onderneem van die effek wat dié problematiek op toekomstige strafregtelike ontwikkelinge kan hê
WHAT CONSTITUTES INDECENT ASSAULT? S v Kock 2003 2 SACR 5 (SCA)
No full textThe relevant facts in this case are that K, the appellant, a 27-year-old music teacher was arrested on 18 January 2002 and, pending further investigation, was placed in detention. He had been suspected of having committed acts of indecent assault on boys under the age of 16 years. The magistrate refused an application for his release on bail. After unsuccessfuly appealing to the Johannesburg High Court, K, with leave of the court a quo, successfully appealed to the Supreme Court of Appeal (SCA).
Indecent assault on a person under the age of 16 years is included in Schedule 5. The State failed to present evidence of the arrest of K on specific charges and no formal charge-sheet which contained relevant detailed information on the charges had been drawn up. Furthermore, the State refused K's legal representative access to the docket. The reason provided for this refusal being that it would prejudice the continuing investigation. In his judgment on behalf of the court, Heher AJA observed that the State should have presented evidence in justification of its reliance on section 60(11)(b). This could have been done by the production of a certificate in terms of section 60(11A)(c). Notwithstanding the fact that Heher AJA did not rule out the possibility that the High Court in Prokureur-Generaal, Vrystaat v Ramokhosi (1997 1 SACR 127 (O) 156) might have been correct in finding that section 60(11) is only applicable if the detainee is accused of “'n definitiewe, omlynde en verstaanbare misdaad”, he assumed that “the State had done enough to bring the matter within the terms of the section”.According to the (second- or third-hand) information placed before the court it would appear that the acts complained of by the state witness boiled down to “grooming” which comprises “acts designed to prepare participants for a more adventurous stage of sexual exploration”. This includes the showing of pornographic videos, indulging in suggestive games with boys, non-erotic massaging of the bodies of the boys with oil or cream and sharing a bed with them at night (10). In her judgment the magistrate proceeded from the following definition of indecent assault:“Indecent assault is not only an offence where the accused has to touch the private parts of the children or otherwise but also any immoral or indecent act which is in its nature or circumstances indecent or immoral” (quotation and emphasis by Heher AJA (10))
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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