This thesis concerns the violation of the right to a fair trial by the appointment of ineffective public defenders. The Sixth Amendment to the Constitution of the United States guarantees the right to appointed counsel if a defendant cannot afford it. The first section of the thesis focuses on how the history of the case law which constitutionally mandates effective appointed counsel for all United States citizens who cannot afford otherwise. However, this right is not being fulfilled for millions of American citizens. The judicial system is structured so that many indigent accused criminals are convinced by their overworked and underpaid public defenders to plead guilty. This "meet and plead" style of representation expedites the trial process at the expense of indigent defendants. The second section covers the epidemic of fair trial rights violations in the United States. In order to fix this problem there are solutions that the Supreme Court, trial courts, and the legislature can address. The third and final section concludes the thesis with a discussion of possible remedies for the deficiencies of the American public defender conglomerate.

Cross-national crime studies are often plagued with conceptualization issues. In specific, some countries may define certain acts of violence as crimes, whereas others may perceive these acts as justifiable or culturally prescribed. This difference in conceptualization is especially the case with the crime of genocide, which the Convention on the Prevention and Punishment of the Crime of Genocide of 1948 defines “as any of a number of acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.” Despite this legal definition, countries, organizations, institutions or individuals may label a crisis as genocide, civil war, or another type of conflict. Because the printed mainstream media reflects and shapes the public perception of international conflicts, this research employs content analysis and quantitative methodology in examining published accounts of the conflict in the Darfur region of Sudan over the last five years. Using articles from newspapers in the United States, Great Britain, China, and Qatar, I examined the extent to which the term genocide is used to illustrate this conflict within the mainstream media from these four different countries. The results of this study suggest that the geographic location of a news outlet does not necessarily play a role in the conceptualization of genocide. The most important factors in this process are the way in which the author of the article frames the conflict, whether the author chooses to use quotes from certain organizational leaders, and the context in which the term genocide is used when it is chosen in favor of the term ethnic cleansing or civil war. These findings imply that news sources play a large role in public perception of genocide.

A wide range of additional forward chaining applications could be realized with deductive databases, if their rule formalism, their immediate consequence operator, and their fixpoint iteration process would be more flexible. Deductive databases normally represent knowledge using stratified Datalog programs with default negation. But many practical applications of forward chaining require an extensible set of user–defined built–in predicates. Moreover, they often need function symbols for building complex data structures, and the stratified fixpoint iteration has to be extended by aggregation operations. We present an new language Datalog*, which extends Datalog by stratified meta–predicates (including default negation), function symbols, and user–defined built–in predicates, which are implemented and evaluated top–down in Prolog. All predicates are subject to the same backtracking mechanism. The bottom–up fixpoint iteration can aggregate the derived facts after each iteration based on user–defined Prolog predicates.

Wärmespeicher tragen bei optimierter Integration in Wärme- und Kälteversorgungsanlagen zur Einsparung von installierter Erzeugerleistung, Brennstoffeinsatz und Betriebskosten bei. Leider treten in Wärmespeichern oft noch beachtliche Verluste auf und das Potenzial zur Kosten- und Energieeinsparung wird nicht vollständig ausgeschöpft. Dabei spielen nicht nur Wärmeverluste an die Umgebung, sondern vor allem auch innere Verluste im Speicher eine Rolle. Schwerpunkte der vorliegenden Arbeit sind die Beschreibung der einzelnen Verluste an Wasserwärmespeichern, die Ermittlung ihrer Ausmaße abhängig von der konstruktiven Gestaltung und der Betriebsweise des Speichers sowie die Auswirkungen der Verluste auf einen vorgelagerten Wärmeerzeuger und den Einsatz von Primärenergie. Die Ergebnisse basieren auf umfangreichen Speichermodellierungen mit dem CFD-Code Fluent sowie experimentellen Untersuchungen an drei Testspeichern. Der quantitative Vergleich der Verluste für ausgewählte Beispiele zeigt bestehende Defizite sowie die Potenziale für die Verbesserung der Konstruktion neuer Wasserwärmespeicher auf. / If hot water storage tanks are optimally integrated in heat or cold supply systems, they contribute to a reduction of required capacity, fuel and operation costs. Unfortunately, even today remarkable heat losses and internal losses occur in hot water storage tanks. The potential for cost and energy reductions is not completely utilized yet. Here, not only heat losses to the ambience, but also internal losses play a decisive role. Main focus of the presented work is the description of the single losses at hot water storage tanks and the determination of the correlation between the losses, the tank design and the mode of operation. Furthermore the effects of the losses in the tank on the efficiency of different types of heat generators and the input of primary energy into the system have been examined. The results are based on extended numerical modeling with the CFD-code Fluent as well as experimental test with three storage tanks. The quantitative comparison of the losses for selected examples shows the current shortcomings but even the potential for an optimized hot water storage tank design.

Analyses of data with missing values often require assumptions about missingness mechanisms that cannot be assessed empirically, highlighting the need for sensitivity analyses. However, universal recommendations for reporting missing data and conducting sensitivity analyses in empirical studies are scarce. Both steps are often neglected by practitioners due to the lack of clear guidelines for summarizing missing data and systematic explorations of alternative assumptions, as well as the typical attendant complexity of missing not at random (MNAR) models. We propose graphical displays that help visualize and systematize the results of sensitivity analyses, building upon the idea of "tipping-point" analysis for experiments with dichotomous treatment. The resulting "enhanced tipping-point displays" (ETP) are convenient summaries of conclusions drawn from using different modeling assumptions about the missingness mechanisms, applicable to a broad range of outcome distributions. We also describe a systematic way of exploring MNAR models using ETP displays, based on a pattern-mixture factorization of the outcome distribution, and present a set of sensitivity parameters that arises naturally from such a factorization. The primary goal of the displays is to make formal sensitivity analyses more comprehensible to practitioners, thereby helping them assess the robustness of experiments' conclusions. We also present an example of a recent use of ETP displays in a medical device clinical trial, which helped lead to FDA approval. The last part of the dissertation demonstrates another method of sensitivity analysis in the same clinical trial. The trial is complicated by missingness in outcomes "due to death", and we address this issue by employing Rubin Causal Model and principal stratification. We propose an improved method to estimate the joint posterior distribution of estimands of interest using a Hamiltonian Monte Carlo algorithm and demonstrate its superiority for this problem to the standard Metropolis-Hastings algorithm. The proposed methods of sensitivity analyses provide new collections of useful tools for the analysis of data sets plagued with missing values. / Statistics

No description available.

Current forest management in boreal northeastern Ontario results in young, even-aged forests; however, fire history research has found old stands with multiple cohorts of trees are common, supporting the value of Multi-cohort Management. I investigated relationships between insect communities and stand live-tree diameter distribution, cohort class and structure. Results showed that variation in abundances of Carabidae, Diapriidae, Diptera and Hymenoptera were not strongly predicted by cohort class. The concept showed greater strength when parameters of live-tree diameter distributions were used. Forest structure, not age, was important for all communities, including heterogeneity of understory and/or overstory vegetation. Trap height was a strong predictor of aerial insect community structure, with insect abundance higher in the understory than in the canopy. In summary, a more diversified classification approach which includes important habitat features in addition to simple characterization of diameter distributions should be considered to better assess forest structural variation and management.

Current forest management in boreal northeastern Ontario results in young, even-aged forests; however, fire history research has found old stands with multiple cohorts of trees are common, supporting the value of Multi-cohort Management. I investigated relationships between insect communities and stand live-tree diameter distribution, cohort class and structure. Results showed that variation in abundances of Carabidae, Diapriidae, Diptera and Hymenoptera were not strongly predicted by cohort class. The concept showed greater strength when parameters of live-tree diameter distributions were used. Forest structure, not age, was important for all communities, including heterogeneity of understory and/or overstory vegetation. Trap height was a strong predictor of aerial insect community structure, with insect abundance higher in the understory than in the canopy. In summary, a more diversified classification approach which includes important habitat features in addition to simple characterization of diameter distributions should be considered to better assess forest structural variation and management.

Thèse numérisée par la Division de la gestion de documents et des archives de l'Université de Montréal

The hydrodynamic effects of long-line mussel farms are studied through a two-pronged approach. Large-scale hydrodynamic effects are investigated through the use of field measurements, primarily at a large mussel farm in Golden Bay, New Zealand (230 long-lines, covering an area of 2.45 km by 0.65 km). The research focuses on three areas: the effect of the farm on currents, mixing and stratification, and the dissipation of wave energy. Measurements are also made of the forces on long-line anchor ropes, and a limited investigation is made of phytoplankton depletion. The second approach is the use of laboratory drag measurements and Particle Tracking Velocimetry (PTV) to study the effect of mussel dropper (vertical lengths of mussel-encrusted crop rope) roughness and spacing on flow at small scales. These experiments provide data on very rough cylinders, and on cylinder arrays. The field measurements show that the local effects of mussel farms on currents are significant, but that magnitudes of the effects depend on dropper density, mussel sizes, orientation of the long-lines to the flow, and other parameters that are necessary to characterise the complex interactions between a farm and the flow. The drag on the submerged structures reduces water velocities within the Golden Bay farm by between 47% and 67%. Mussel farms present a porous obstacle to the flow, and flow that does not pass through the farm must be directed around or beneath it. The field measurements indicate that at the study site, most of the flow is diverted around the farm despite its large horizontal dimensions. The droppers at the study site extend over most of the water column (average dropper length ~ 8 m, average water depth ~ 11 m), providing a restriction to the flow beneath the farm. The strength of the density stratification may also favour a horizontal diversion. The flow around the farm is essentially two-dimensional. This suggests that two-dimensional numerical models should be sufficient to obtain reasonable predictions of the velocity drop within, and the diversion around, mussel farms. A simple two-dimensional pipe-network model gives reasonable estimates of the velocity within the farm, demonstrating that the drag of the farm may be adequately parameterised through local increases of bed friction. A wake in the form of reduced velocities extends downstream of the farm, and a mixing layer analogy suggests that this wake spreads slowly. The downstream extent of the wake cannot be determined, although it is likely to be limited by the tidal excursion. The degree of vertical mixing caused by the flow through a mussel farm cannot be quantified, although there are clear interactions between the stratification and the farm. Two mixing mechanisms are considered. A shear layer is generated beneath the farm due to the difference in velocities between the retarded flow within the farm and the flow beneath. Shear layers beneath mussel farms are likely to be weak unless the ambient currents are strong. It will be necessary for stratification to be weak or non-existent for this mechanism to generate significant mixing. The second mechanism is smaller-scale turbulence generated by the mussel droppers. Although the efficiency of this form of mixing is likely to be low, the large number of mussel droppers suggests that there will be some enhancement of vertical mixing. Frequency-dependent wave attenuation is recorded, and is predicted with some success by an analytical model. Both the model and the field data show that wave dissipation increases as the wave period decreases. Wave energy dissipation at the study site averages approximately 10%, although the measurements are made during a period of low wave heights (Hs < 0.25 m). Measurements of long-line anchor rope tension at two study sites indicate that the loadings are induced by the tide, currents, and waves. Dynamic wave loadings may be significant, and higher wave forces are measured at the offshore end of a long-line. The issue of seston or phytoplankton depletion is considered briefly through the examination of fluorescence, turbidity, and acoustic backscatter data. Although the results are consistent with a reduction of seston within the farm, differences between the inside and outside of the farm are not statistically significant. Mussel droppers resemble extremely rough circular cylinders, with the mussel shells forming the surface roughness elements. Drag measurements and PTV flow visualisation are used to investigate the importance of the large surface roughness, and the influence of dropper spacing and long-line orientation on flow. Drag measurements conducted with smooth and rough cylinders show that high surface roughness (ks/D ~ 0.092) has little effect on the drag coefficient of single cylinders in the range 4,000 < Re < 13,000, yet increases the drag coefficient of a row of cylinders normal to the flow. High surface roughness on single cylinders has the effect of shortening the near-wake region, increasing the peak turbulent kinetic energy (TKE) behind the cylinder, and decreasing the Strouhal number (St = 0.21, 0.19, 0.17 for ks/D = 0, 0.048, and 0.094 respectively). Arrays of rough cylinders (ks/D = 0.094) demonstrate similar flow characteristics to those of smooth cylinders. At cylinder spacings of S/D < 2.2, the surface roughness acts to favour the formation of a particular metastable wake pattern, whereas different metastable wake patterns are formed each run behind the smooth cylinders. The experiments show that the drag on single row arrays of cylinders are related to the cylinder spacing (increasing drag with decreasing spacing), and the drag also varies with the sine of the angle to the flow, except where the array is at low angles to the flow. The PTV measurements provide new data regarding the two-dimensional distributions of velocity, TKE, and turbulence statistics behind the cylinder arrays.