评估取消制度或者保留制度的辩论 [4]
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论文字数:5955论文编号:org201409281320035540语种:英语 English地区:英国价格:免费论文
关键词:保留制度Law Essay取消制度逻辑推敲
摘要:本文是旨在变量评估取消制度或者保留制度的辩论,增乳艾礼富文德尔福尔摩斯所说:“历史的篇章是值得用逻辑推敲的。对历史的回顾保持沉默的权利,在不同的时间点上拥有的这一特权,应该对该位置提供一些观点。”拉丁词“‘nemo tenetur prodere seipsum”意味着追溯到罗马时代,没有人能够在公共场所背叛他自己。
he central nervous system, lowers blood pressure and slows the heart rate, putting the subject into a hypnotic trance. In this state, the subject's imagination is neutralised by making him semi-conscious. Under the influence of the drug, the subject talks freely and is purportedly deprived of his self-control and will power to manipulate his answers. The underlying theory is that a person is able to lie by using his imagination. [26] The subject is not in a position to speak up on his own but can answer specific and simple questions. In this state it becomes difficult for him to lie and his answers would be restricted to facts he is already aware of. The drug is administered in dosages and stages; they are illustrated in the following table [27]
Brain Mapping – P300 Wave Test
This test was developed and patented in 1995 by neurologist Dr. Lawrence A. Farwell, Director and Chief Scientist “Brain Wave Science”, IOWA. [28] In this method, the accused is first interviewed and interrogated to find out whether he is concealing any information. Then sensors are attached to the subject’s head and the person is seated before a computer monitor. He is then shown certain images or made to hear certain sounds. The sensors monitor electrical activity in the brain and register P300 waves, which are generated only if the subject has connection with the stimulus i.e. picture or sound. The subject is not asked any questions. Dr. Farwell has published that a MERMER (Memory and Encoding Related Multifaceted Electro Encephalographic Response) is initiated in the accused when his brain recognizes noteworthy information pertaining to the crime.
This GKT application is referred to as “brain fingerprinting” [29] . This involves measuring event-related potentials (ERP), a brainwave generated every time a person is presented with discrete stimulus. This complex wave has multiple components, but one aspect of the signal, called the P-300 or the P-3 wave arises is especially useful for assessing recognition memory. A P 300 wave arises every time a stimulus stands out as different from other stimuli a person is presented with. In the context of GKT, the key alternatives will stand out to the guilty person because they are recognized as guilty knowledge. For the innocent person, none of the alternatives has distinct meaning, so none will evoke a P300 wave.
In order to measure a P300 wave, the same stimulus must be repeatedly presented each time recording the brain’s electrical response. All the responses to this stimulus are eventually averaged together. Since the shape of ERP’s vary from person to person, it is important to know what a P300 wave looks like for a given individual. It is also important to make certain that individuals being tested pay attention to the stimuli.
Chapter II: Right to Silence- The Indian Experience
Right to Silence in Constituent Assembly [30]
The debate on these Articles took place in the Constituent Assembly on 2nd, 3rd and 6th December 1948. In the draft this was Article 14. The Constituent Assembly had a sub committee on Fundamental Rights in the subject of protection in respect of conviction for offences (under Article 20) and was considered by the Committee. It was considered on 28th March 1947, and draft as given by Shri Munshi was accepted. It provides
1) No person shall be convicted of crime except for violatio
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