China has long been sceptical on mitigating sentences based on the offender’s good character, while good character mitigation is widely accepted in Canada. This study was to examine the justification of good character mitigation in Canada so that China can better face the future choice in sentencing: whether to consider good character a mitigating factor. Through examining the use of good character in Canadian sentencing practice, the justification of good character mitigation in Canada has been questioned. A three-part argument has been put forward to support the removal of good character as a mitigating factor in Canada: first, the workability of the very concept of “good character” is low; second, theoretical basis for mitigating sentences on good character is problematic; third, the present practice contributes to a form of status-based discrimination. This study shows that the justification of good character mitigation is not as strong as we have expected it to be. Even in Canada, a country which has good character mitigation with a long history, the consideration of good character as a mitigating factor needs further discussion. The adoption of good character mitigation in China should be more cautious. / Thesis (Master, Law) -- Queen's University, 2007-12-17 16:48:45.471

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This study conducted a series of tests on a shock mitigating seat designed for high speed craft using various input excitations to better understand the relationship between various seat and operational conditions, and the response of the seat. A seat model of the test seat is used for a parametric study of various spring, damping and operational configurations. A seat shake rig is implemented to simulate motions of multiple high-speed craft as well as various defined inputs. At each test input the occupant weight and suspension preload is varied and the response is analyzed to find changes in acceleration, which is representative of the changes in force and displacement. By representing the seat as a based-excitation two-degree-of-freedom system, we develop the equations of motion and model them in Simulink to analyze the effects of various spring rates and damping coefficients. Based on the results it is found that an increase in occupant mass results in a decrease in observed acceleration. Increasing suspension preload is found to be detrimental to the mitigating abilities of the seat, changing the dynamics to those similar of a rigid-mounted seat. An analysis of the defined inputs resulted in confirming various seat characteristics. The analysis of the Simulink model revealed that increasing the spring rate results in an increase in acceleration. An increase in damping coefficient resulted in an increase in acceleration and ride harshness. / Master of Science

In the fiscal year 2014, approximately 1,337 health care providers lost their provider license to Medicare/Medicaid fraud. Out of the 1,318 criminal convictions reported by the U.S. Medicaid Fraud Control Units (MFCU), 395 (30%) were home health care aides who claimed to have rendered services not provided. The purpose of this multiple case study was to explore licensed and certified home health care business managers' strategies to mitigate Medicare/Medicaid fraud risk. A purposive sampling of 9 business managers and chief executive officers from 3 licensed and certified home health care businesses in Franklin County, Ohio participated in semistructured face-to-face interviews. Data from the interviews were transcribed, coded, and analyzed to identify themes regarding Medicare/Medicaid fraud risk management strategies. Drawing from the Committee of Sponsoring Organization's internal control framework and fraud management lifecycle theory, 5 themes emerged: the control environment, risk assessment, control activities, information and communication, and monitoring activities. Findings from this study included maintenance of integrity and culture, training and educating both staff and clients about fraud reporting processes and the consequences of fraud, rotating staff on a regular basis, performing fraud risk assessments, implementing remote timekeeping and monitoring system, and compensating shift leaders to coordinate activities in the clients' residences. The implication for positive social change includes reducing healthcare cost for all taxpayers through Medicare/Medicaid fraud reduction.

Climate change is arguably the most important global societal challenge. Developing ‘low-carbon societies’, i.e. reducing greenhouse gas (GHG) emissions and adapting to a changing climate, is becoming a policy goal across the globe. Agriculture plays an important role in this transformation. The sector is highly vulnerable to climate variability, and is a significant source of emissions. At the same time, it has potential for reducing GHG emissions and also provides opportunity for carbon sequestration in soils and crop biomass. Policy support for mitigating GHG emissions is being informed by scientific evidence on the effectiveness and costs of mitigation opportunities. This information is frequently depicted in marginal abatement cost curves (MACCs), an assessment tool which can help to visualise the hierarchy of technical measures and their cumulative level of abatement. Similarly to other assessment tools, MACCs’ suitability to provide information has certain limitations. Furthermore, different derivations of MACCs are appropriate to answer different questions. In order to draw both informative and reliable conclusions for policy decisions, the characteristics of the MACCs and the resulting limitations have to be presented clearly. This dissertation seeks to answer the general question whether the agricultural MACCs can be improved so that they provide more comprehensive and tailored information to policy makers. In particular five limitations of the MACCs are discussed: the lack of representation of wider effects, the issue of cost-effectiveness of policy instruments and the inclusion of transaction costs, the uncertainty in the MACCs, the boundaries and the heterogeneity of the analysis. Theoretical frameworks are developed and case study examples are provided for these limitations, and the frameworks are assessed in terms whether they achieve the goal of providing more comprehensive information to policy makers than a conventional MACC. Furthermore, the dissertation summarises the available methodologies and applications in agriculture to enhance the MACCs and provides guidelines for researchers and policy makers about the choice of methods and the communication of the results in order to improve the use of MACCs in the policy process.

This dissertation examined the effects of interruption on auditor efficiency and effectiveness for one simple and two complex tasks within the audit domain. I evaluated these effects for novice and experienced auditors. In addition, I considered two ways in which the negative effects of interruption might be mitigated: varying an individual's interruption response strategy (immediate vs. negotiated) and the presence or absence of a memory-aid (notes). I investigated these phenomena using an internet-based experimental instrument. Subjects included both students and practicing auditors. My findings indicate that interruption hindered performance on certain complex audit tasks, and that it differentially affected auditor performance at two levels of experience. When interrupted, inexperienced auditors completed complex audit tasks less efficiently; experienced auditors completed them less effectively. In addition, experienced auditors who negotiated interruption completed a complex audit task more efficiently and effectively than those that responded to the interruption immediately. Furthermore, note-taking increased experienced auditor task efficiency on a complex audit task requiring judgment. These results suggest that auditors should limit task interruption when they are engaged in complex audit tasks. When task interruption cannot be avoided, auditors should consider negotiating a delay in the onset of an interruption. Finally, auditors who are interrupted while they complete a complex task requiring judgment should consider using notes to mitigate the deleterious effect of interruption on task efficiency. Participants also completed a post-experimental questionnaire which provided evidence about interruptions in the audit environment. The responses confirmed that auditors are frequently interrupted in practice. In addition, auditors preferred differing interruption response strategies dependent upon both the level of primary task complexity (easy vs. difficult), and the medium through which the interruption occurred (electronic vs. interpersonal). They chose interruption response strategies according to their place in the social hierarchy relative to the interrupter (client/boss vs. subordinate /friends/family). Finally, I found that interruption influences affect. Auditors reported significantly more positive affect reactions to interruption on easy tasks (e.g., alert, cheerful, friendly, happy and relaxed) and substantially negative affect reactions to interruption on difficult tasks (e.g., angry, hostile, irritated, nervous and tense). / Ph. D.

The safe extraction of shale gas resources has become a controversial issue in the energy sector and within energy law and policy circle. These issues have transcended to other areas of the society such as the environment, public health, and geopolitics. In fact, in environmental issue and regulation, it has become a norm in the minds of many that finding a model individual to do the right thing is a onerous task. One solution to this problem currently would be to realise the benefits energy resource extraction presents by devising the right regulatory strategies to improve the compliance level of those operating such risky activity to do the right thing. However, the strategic solutions to achieve the benefits are not that complex when compared with the strategic measures for achieving compliance to set regulatory standards for mitigating risks from energy extraction activity. This thesis argue for a complementary regulatory instrument mix (self-regulation and command & control regulatory strategies) to improve effective compliance for mitigating risks associated with energy extractive and consumption activities. One fundamental problem for this disparity is that the available regulatory strategies and approaches are fraught with diverse limitations that makes it unable to accommodate the dynamic of energy resource extraction. Also, industry and regulators of such activity's dependence on regulatory approaches has been centred on command and control regulation that inhibits the incentive for the operator to go beyond the set standards. Hence, the urgency to devise an effective framework to balance costs that comes with the quest to relaise the benefits from resource extraction activities and the need for the preservation of the environment and health. Though achieving full compliance is far-fetched but optimal compliance is achievable within the context of collective participation amongst all industry players. One pragmatic means of achieving these conflicting interests within the global energy sector is through alternatives or a combination of regulatory instrument mixes (self-regulation and command and control regulation). This thesis intends that these alternatives should serve as complements to the command and control regulation and not to replace them. Such alternatives to regulation which this thesis argue and formulate that can help mitigate especially water contamination risk which has an increased frequency of occurrence is what it calls: 'the risk/segment based strict liability rule.' In addition, 'self-regulation' as a complement to command and control environmental regulation. While self-regulation helps to address the problem of information asymmetry that regulation grapple with, the risk based strict liability rule helps to address risks that have a highly probable or increased frequency level of occurrence. By risk based strict liability rule being proposed in this thesis, it means a risk from an activity can be subject to a strict liability cause of action without necessarily subjecting the entire activity to stricter environmental laws. This is based on the legal rationale that where particular risks' has an increased frequency level of occurrence or the impacts could lead to transgenerational harm, it should be classified as abnormal. Therefore, should be subject to strict liability cause of action. Thus, the philosophy behind this thesis is to see how regulation can deal with particular risks under strict liability when they have an increased frequency to occur and not necessarily the entire activity. Thus, the significance of this thesis is that it resonates the ability of self-regulation and liability systems to direct the costs of the harms to those who create them. More so, these innovative policy options embedded in the properties of self-regulation and liability system will force operators to incur additional costs needed to forestall or control their actions that might result in externalities beyond the socially optimal level. Thus, environmental governance through self-regulatory and risk/segment liability rule systems as alternatives to command and control regulation will erode that complacency on the part of the creators of such possible negative impacts to act sustain-ably. These alternatives to command and control regulation are cogent in mitigating risks associated with shale gas as an energy source on two grounds. Based on the above problems, this thesis shall examine the critical question of whether stricter environmental liability and regulatory approaches is required to achieve a sustainable shale gas extraction. Also, what other features should be included in these environmental protectionist tools to achieve effectiveness in managing water contamination and dispersed risks associated with fracking activity. This thesis, argue for a stricter liability and regulatory approach as a complement to the limitations of command and control regulation with some added features to address dispersed harms associated with energy extraction activity especially the risk of water contamination.

Some agri-food managers of United States-based companies use strategies to mitigate product-harm crises.The loss of brand and corporate sustainability increases for companies not utilizing mitigating strategies to reduce losses from agri-food product-harm crisis.The purpose of this multiple case study was to explore the strategies managers use to mitigate losses from agri-food product-harm crises. Coombs' situational crisis communication theory served as the conceptual framework for this study. A sample of 3 managers from 3 agri-food companies in the southern United States shared their mitigating strategies to reduce losses from a product-harm crisis. Methodological triangulation assisted in reviewing and analyzing information from semistructured interviews, relevant company documents, and journal notes. The use of alphanumeric coding, discovering, and identifying themes, selecting relevant themes, organizing themes in hierarchical order, and linking themes to the phenomenon under study indicated four main themes supporting the benefits of mitigating strategies to reduce losses from an agri-food product-harm crisis. The main themes included the use of pre-crisis mitigating strategies, mid-crisis mitigating strategies, post-crisis mitigating strategies, and high pressure pasteurization (HPP). Findings from this study indicated that agri-food managers use strategies to mitigate product-harm crises, but the added expense of some mitigating strategies often precludes their use. The study findings may contribute to social change by increasing the awareness of agri-food managers, consumers, and company leadership to use mitigating strategies to reduce the number of illnesses and deaths associated with a product harm crisis.

This study focuses on the influence of mitigating circumstances on the sentencing outcome before and after the McKoy (1990) decision. In McKoy (1990) the Supreme Court decided that the jurors did not have to find mitigating circumstances unanimously. Results are reported based on a sample of North Carolina first-degree murder cases where the state sought the death penalty. Logistic regression is used to determine the importance of mitigating circumstances as predictors of jury decision-making in North Carolina, controlling for the variety of other factors that influence that decision. The descriptive statistics show that the average number of mitigating circumstances submitted and accepted had doubled in the post-McKoy cases. At the same time, the number of aggravating circumstances presented and submitted stayed about the same. The analysis then moved to the consideration of the impact of mitigating circumstances, and whether there had been a change between the two eras. Separate logistic regression analysis revealed that there had indeed been a shift in the effects of aggravation and mitigation, but no in the manner that might have been anticipated, Specifically, in the post-McKoy era, mitigating circumstances had a diminished impact on the probability of a death sentence while, conversely, aggravating circumstances carried an increased impact.

The aim of this research is to investigate characteristics of accident denominators across age groups in mining and associated process industries in the Port Hedland region of Western Australia. Emphasis has been focussed on comparing young, inexperienced groups with older, more experienced groups. A literature review revealed some key contributors to accidents among younger workers, in particular, those who had only recently entered the workforce. The review also revealed contributors impacting accidents regarding other age groups over a wide range of industry types. From these findings an accident construct model and questionnaire were designed to identify contributing and mitigating denominators which input to accidents occurring across the defined age groups.