Appell Systems Research Articles

The problem of post-conviction review in Australia

Kathleen Folbigg’s recent acquittals for multiple homicides have rekindled the debate over the adequacy of post-conviction review in Australia. This article explores the constraints of the finality principle and the appellate system in Australia in addressing potential wrongful convictions, including the impact of managerialist policies. The authors discuss the limitations of an independent criminal case review commission model. They argue that the debate should be centred on the inadequacy of legal aid as a significant risk factor for wrongful convictions, the need for less restrictive appeal criteria, and developing consistent and transparent processes for the retention and retrieval of evidence.

‘You don’t know what you’ve got ‘til it's gone’: Police retention of investigative materials

The seizure, safe handling and secure storage of evidence during criminal investigations is pivotal to the successful detection and prosecution of offences. The safe retention of materials after an investigation closes, even post-conviction, is also critical both to the ability of the appellate system to function and for ‘cold cases’ to be reviewed. Yet despite periodic high-profile instances in which failures to ensure the integrity and retention of evidence have occurred, there is a reticence to admit to evidence being lost; in particular, to consider the issue on an aggregate rather than a case-by-case basis. This lack of transparency is compounded by an accountability deficit, in which the issue falls through regulatory gaps. Provoked to locate proof of lost evidence, this article examines police retention of investigative materials, and details the results of surveys undertaken with lawyers and miscarriage of justice campaigners ( n = 65) and police ( n = 87), and 21 interviews with serving and retired police officers. We identify ‘weak links’ in the evidence chain that need strengthening, including the enhancement of training, improved physical packaging and storage facilities, sufficient training of police staff and the creation of specialised ‘exhibits’ roles. Further to practical resource demands, the issue requires accessible data so that the problem can be acknowledged, and accountability and oversight mechanisms created to assure processes.

A biorthogonal approach to the infinite dimensional fractional Poisson measure

In this paper, we use a biorthogonal approach to the analysis of the infinite dimensional fractional Poisson measure [Formula: see text], [Formula: see text], on the dual of Schwartz test function space [Formula: see text]. The Hilbert space [Formula: see text] of complex-valued functions is described in terms of a system of generalized Appell polynomials [Formula: see text] associated to the measure [Formula: see text]. The kernels [Formula: see text], [Formula: see text], of the monomials may be expressed in terms of the Stirling operators of the first and second kind as well as the falling factorials in infinite dimensions. Associated to the system [Formula: see text], there is a generalized dual Appell system [Formula: see text] that is biorthogonal to [Formula: see text]. The test and generalized function spaces associated to the measure [Formula: see text] are completely characterized using an integral transform as entire functions.

Non-Gaussian Measures in Infinite Dimensional Spaces: the Gamma-Grey Noise

In the context of non-Gaussian analysis, Schneider [29] introduced grey noise measures, built upon Mittag-Leffler functions; analogously, grey Brownian motion and its generalizations were constructed (see, for example, [6, 7, 9, 27]). In this paper, we construct and study a new non-Gaussian measure, by means of the incomplete-gamma function (exploiting its complete monotonicity). We label this measure Gamma-grey noise and we prove, for it, the existence of Appell system. The related generalized processes, in the infinite dimensional setting, are also defined and, through the use of the Riemann-Liouville fractional operators, the (possibly tempered) Gamma-grey Brownian motion is consequently introduced. A number of different characterizations of these processes are also provided, together with the integro-differential equation satisfied by their transition densities. They allow to model anomalous diffusions, mimicking the procedures of classical stochastic calculus.

Stochastic analysis for vector-valued generalized grey Brownian motion

In this article, we show that the standard vector-valued generalization of a generalized grey Brownian motion (ggBm) has independent components if and only if it is a fractional Brownian motion. In order to extend ggBm with independent components, we introduce a vector-valued generalized grey Brownian motion (vggBm). The characteristic function of the corresponding measure is introduced as the product of the characteristic functions of the one-dimensional case. We show that for this measure, the Appell system and a calculus of generalized functions or distributions are accessible. We characterize these distributions with suitable transformations and give a d d -dimensional Donsker’s delta function as an example for such distributions. From there, we show the existence of local times and self-intersection local times of vggBm as distributions under some constraints, and compute their corresponding generalized expectations. At the end, we solve a system of linear SDEs driven by a vggBm noise in d d dimensions.

Legislative Expansion and Judicial Confusion: Uncertain Trajectories of the Death Penalty in India

The numbers and the politics of the death penalty in India tell very different stories, presenting complicated narratives for its future. The public reaction to instances of sexual violence and other offences over the last decade and the consequent political response has significantly strengthened the retention and expansion of the death penalty. This is reflected from the fact that that of all the death sentences that district courts impose, only about 5 per cent get confirmed in India’s appellate system. However, does this mean there is growing scepticism about the death penalty in the Supreme Court of India? Unfortunately, the answer is far from simple. An assessment of the death penalty in India’s appellate courts during the last decade will demonstrate that a crime-centric approach has hindered any principled discomfort with the death penalty or the manner of its administration. In particular, the Supreme Court has faltered in high-profile death sentence cases (i.e., offences against the state and sexual violence cases), and its track record of commutations has very little to do with principled considerations on sentencing. This paper argues that the political and judicial imagination of the death penalty, as a necessary part of the response to crime, creates significant and unique challenges for the path towards abolition.

On the Generalization Mechanism of Chinese Kinship Term “jiejie”

There is a large kinship appellation system in Chinese, which reflects the social culture, traditional customs and national psychology of China. Based on the Invited Inferencing Theory of Semantic Change of historical pragmatics, this paper attempts to explore the generalization mechanism of Chinese kinship term “jiejie” (a Chinese appellation for elder sister). The study shows that the generalization of appellation “jiejie” is inseparable from pragmatic inferring and entrenchment of inferred meaning. If they realize that the original sense of “jiejie” does not work, the listeners may take into consideration the situational context and speaker’ intentionality for secondary inferring. The generalization of appellation “jiejie” results from its semantic change, i.e., “jiejie” evolves into a social appellation to address non-relative members.

Is the WTO Appellate Body in Limbo? The Roots of the Crisis in the WTO Dispute Settlement Body and the Available Routes Navigating the Quagmire

In its over 25 years' history, the dispute settlement mechanism of the World Trade Organisation (WTO) has been touted as one of the most active and successful international adjudicatory systems in relation to other international dispute settlement fora. The process in the engagement of the system presents a tripartite structure consisting of consultation, panel and appellate stages, and the enforcement proceedings. The functions of these processes help to promote the trust and confidence of the member states in the WTO trade dispute settlement system. Now the Appellate Body (AB) is paralysed following the incapacitation and consequential suspension of the appellate function of the WTO Dispute Settlement Body (DSB), because of the insufficient membership caused by the United States blockade on the appointment process of AB members. The paper discusses the trajectory of the WTO dispute settlement reform from the GATT regime, the root cause of the suspension of the Appellate Body, and the options available for the disputants in and outside the WTO system. It concludes that the system possesses policy defects if the attitude of a single state can render the AB non-functional and should be transformed when the appellate system is resuscitated.

Amicus Curiae Brief of Political Scientist Wolfgang P. Hirczy de Mino in Support of State Court Adjudication in U.S. vs. Texas, No. 21-588

This friend-of-the-court brief urges the U.S. Supreme Court to leave the Fifth Circuit's stay of Judge Pitman's preliminary injunction in place and validate the Fifth Circuit motion panel’s rejection of the notion that it is constitutionally proper for a singular federal judge to enjoin a state's entire judiciary from doing their job of adjudicating the controversies and issues presented to them. If Senate Bill 8 (SB8) -- now known as THE TEXAS HEARTBEAT ACT -- is unconstitutional in whole or in part, state judges will be able to make those legal determinations, and if they go wrong, such rulings can be appealed and may reach the SCOTUS through the state appellate system in the regular course of constitutional litigation. More than a dozen SB8-related case are already pending in Texas state courts. It is also conceivable that S.B.8 might be invalidated on state-law grounds or pared down by the Texas judiciary to assure conformity with the U.S. Supreme Court's current abortion precedents, which would obviate the need for further federal court review. Although statutory standing and availability of legal causes of action are matters within the policymaking powers of the political branches, it is conceivable that the Texas Supreme Court would nevertheless limit legal standing to bring SB 8 claims to Texas residents who can show actual or impending injury in addition to mere person status under S.B.8. Cf. In re Abbott, 601 S.W. 3d 802 (Tex. 2020), citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992), the leading federal precedent on Article III standing.

Reflections on the Political Economy of European Wine Appellations

Today’s European wine policy is centered on a system of appellations, implemented as geographical indications (GIs), that entail significant technological regulations—restricting the varieties that may be grown, while imposing maximum yields per hectare and other rules regarding grape production and winemaking practice. This paper outlines the historical development of European wine policy under the CAP, and presents a more detailed analysis of the economic consequences of the rules and regulations under the appellation system. The introduction of these rules and regulations was probably beneficial initially, both for their didactive effect on wine producers and consumers and as a way of overcoming a significant “lemons” problem in the market. However, those same rules and regulations are much less valuable today, given (1) the potential for alternative sources of information to solve the lemons problem, and (2) evidence that the appellation system per se might not be effectively serving that purpose as well as it once did, while some of the regulations impose significant social costs. Yield restrictions, in particular, are economically inefficient as a way of enhancing and signaling quality (their ostensible purpose) and as a way of restricting total supply to support market prices and thus producer incomes (a significant motivation). The inherent weaknesses of the policy design are compounded by failures of governance. A less heavy-handed approach to policy would allow more scope for the market mechanism to match supply and demand for this signature product from European agriculture.

Rebuilding the Federal Circuit Courts

The conversation about Supreme Court reform—as important as it is—has obscured another, equally important conversation: the need for lower federal court reform. The U.S. Courts of Appeals, in particular, have not seen their ranks grow in over three decades. Even then, those additions were stopgap measures built on an appellate triage system that had outsourced much of its work to non-judicial decisionmakers (central judicial staff and law clerks). Those changes born of necessity have now become core features of the federal appellate system, which distributes Article III resources—including oral argument and judicial scrutiny—to a select few. This work begins to reimagine the courts in a time of surplus, not scarcity, and it offers a comprehensive framework for identifying why, where, and how to add judges to the federal appellate courts. The existing distribution of judicial resources has created a problem: the courts have relied too much on procedural shortcuts that permit them to be highly selective in deciding which cases receive judicial attention. Some quantitative evidence—review rates from the U.S. Supreme Court from unpublished lower court decisions—and some qualitative evidence—the attitude of appellate judges themselves—support that observation. Ultimately, the distribution of appellate resources has been uneven across the country in ways that have a disparate impact on communities of color and poor communities. To redress these systemic deficits, this works urges Congress to engage in lower court reform by adding judges to the most under-resourced federal appellate courts. In so doing, it offers a framework for identifying under-resourced courts that would ensure periodic and consistent congressional review of judicial needs. These measures consider indicia of over-delegation, population growth, and caseload demands—all while incentivizing courts not to over-rely on procedural shortcuts in the first place.

Research on the Evolution Types and Cultural Values of Appellations in Tibetan Context

Contextual appellation is part of the social appellation system. The Tibetan language has formed a rich contextual appellation during its development. Research has found that Tibetan contextual appellations show openness and tolerance, with profound characteristics of the times and historical inheritance. This article intends to make a preliminary discussion on Tibetan culture through Tibetan contextual appellations.

ECCC Appeals

Abstract The appellate stage of the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC) has received more limited attention than its pre-trial and trial process. In order to partially remedy this gap, this article highlights the unique features of the ECCC appellate system and how the Supreme Court Chamber (SCC) has given them effect in practice. Firstly, I consider the SCC’s restricted jurisdiction over immediate appeals and failed attempts by its judges to extend such appeals to jurisdictional questions. Secondly, I discuss the scope and powers of appellate review by the SCC in respect of alleged errors of law and fact, focusing on its innovative formulation of the standard of review of factual errors. This qualified deference standard has proven to be of broader import as it has informed the International Criminal Court Appeals Chamber's majority approach in the Bemba case. Thirdly, I focus on the SCC’s intervention in one area, namely the ECCC’s personal jurisdiction, and its reading of the ‘most responsible’ parameter as a non-jurisdictional and judicially unreviewable criterion. Taking cues from these landmark decisions, I appraise the SCC’s role in delivering fair and expeditious justice and securing the viability of the ECCC’s mission while acknowledging the more contentious aspects of its track record without which no account of its emerging legacy would be complete or balanced.

The Sober Revolution: Appellation Wine and the Transformation of France by Joseph Bohling

Reviewed by: The Sober Revolution: Appellation Wine and the Transformation of France by Joseph Bohling James P. Gilroy Bohling, Joseph. The Sober Revolution: Appellation Wine and the Transformation of France. Cornell UP, 2018. ISBN 978-1-5017-1604-1. Pp. 278. Bohling describes the evolution of the wine industry in France from the Third Republic to the present as emblematic of the development of the French state during that period. At the beginning of the twentieth century, the French wine business was dominated by what he calls "industrial" wine, lower quality vintages produced in huge amounts in Languedoc and Algeria. The makers of these wines were subsidized by the French government which bought up the frequent surpluses and thereby increased the national debt. These industrial producers engaged powerful lobbyists who exercised coercive influence on the legislators of the parliamentary Third and Fourth Republics. To dispose of the wine glut, the French public was encouraged by the industry and the government to consume as much wine as possible. The latter was promoted as a nourishing foodstuff and an essential part of the national culture. After World War I, there developed a counter-movement to these long-standing trends. The producers of the higher-quality wines of Burgundy, Bordeaux, and Champagne pushed for an appellation system that clearly indicated the provenance of each bottle. They claimed that their terroir products were a truer representation of the national patrimony than the mass-produced wines of the southwest and Algeria. They were joined in this crusade by members of the medical profession who said that the presence of the cheaper wines on the market encouraged alcoholism and automobile accidents. Dangerous roadways were detrimental to the growing tourist trade. This conflict between the different branches of the wine industry became part of a larger political struggle. Technocrats and progressives wanted to get rid of the weak and unstable [End Page 259] parliamentary government and establish a more centralized presidential regime. They got their way when De Gaulle came to power and created the Fifth Republic. Another major transition was to replace the concept of France as an imperial power with that of France as a partner in the European economic community. Algeria's independence in 1962 marked the end of its once-enormous role in the French wine business. At the same time, wine growers in Languedoc were encouraged to diversify their agricultural production and grow needed crops like cereals. Those who continued to produce wine often turned toward higher-quality appellation vintages. These modernizations and reorientations of the French state and economy led to new challenges. France had to face competition from other European wine producers, especially Italy. Moreover, globalization brought an influx of American wine on the market. The Americans usually identified their wines by grape varietals rather than place of origin. Despite these potential inroads, the French appellation system has managed to survive and prosper. Producers have cleverly manipulated the economic policies of the EU to their advantage. They have also devised a brilliant advertising campaign promoting French wine as an integral part of the nation's historical and geographical heritage. This book will be of greater interest to economists and political scientists than to readers interested in cultural and esthetic topics. The work contains a good deal of statistical information. James P. Gilroy University of Denver (CO) Copyright © 2020 American Association of Teachers of French

ECCC Appeals Appraising the Supreme Court Chamber’s Interventions

The appellate stage of the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC) has received more limited attention than its pre-trial and trial process. In order to partially remedy this gap, this article highlights the unique features of the ECCC appellate system and how the Supreme Court Chamber (SCC) has given them effect in practice. Firstly, I consider the SCC’s restricted jurisdiction over immediate appeals and failed attempts by its judges to extend such appeals to jurisdictional questions. Secondly, I discuss the scope and powers of appellate review by the SCC in respect of alleged errors of law and fact, focusing on its innovative formulation of the standard of review of factual errors. This qualified deference standard has proven to be of broader import as it has informed the International Criminal Court Appeals Chamber's majority approach in the Bemba case. Thirdly, I focus on the SCC’s intervention in one area, namely the ECCC’s personal jurisdiction, and its reading of the ‘most responsible’ parameter as a non-jurisdictional and judicially unreviewable criterion. Taking cues from these landmark decisions, I appraise the SCC’s role in delivering fair and expeditious justice and securing the viability of the ECCC’s mission while acknowledging the more contentious aspects of its track record without which no account of its emerging legacy would be complete or balanced.

Police retention and storage of evidence in England and Wales

Central to the operation of the appellate system, is the ability of individuals who claim that their conviction is in error, to revisit and re-examine evidence gathered during the investigation, as well as that relied upon at their trial. High-profile miscarriages of justice have often only been remedied when there has been defence access to materials post conviction. There is also an imperative for forces to retain evidence in investigations in which no perpetrator has been detected or convicted, to facilitate cold case reviews. In order to give effect then to an appellate system and enable cold case reviews, evidence needs to be retained and properly stored. If materials are not retained and stored correctly, then re-investigations are rendered impossible. Retention is especially critical in respect of physical materials that could be subject to forensic examination. With the progress of science and technology, and the interpretation of results, it is essential that such physical (and now, often digital) materials are retained for future (re)evaluation. From analysis of responses to a Freedom of Information request to all police forces in England and Wales, and qualitative interviews with criminal justice stakeholders, this article examines the retention and storage of materials, and considers the operation and future of the Forensic Archive Ltd. It details a worrying picture of inconsistency, with confusion over what should be retained, and how. It concludes that justice demands that we accept that the proper retention and storage of materials is fundamental to the fair and effective operation of our criminal justice system, and ensures that the Court of Appeal can fulfil its remit in addressing wrongful convictions and forces can pursue justice in cold cases.

On the Bargmann-Fock-Fueter and Bergman-Fueter integral transforms

This paper deals with some special integral transforms of Bargmann-Fock type in the setting of quaternionic valued slice hyperholomorphic and Cauchy-Fueter regular functions. The construction is based on the well-known Fueter mapping theorem. In particular, starting with the normalized Hermite functions, we can construct an Appell system of quaternionic regular polynomials. The ranges of such integral transforms are quaternionic reproducing kernel Hilbert spaces of regular functions. New integral representations and generating functions in this quaternionic setting are obtained in both the Fock and Bergman cases.

Legal Basis of the Australian Defence Force Military Justice and Appellate Systems

Throughout the course of English history from the Middle Ages onwards, courts martial were considered courts at law as they exercised the judicial power of the sovereign in military matters. This historical or traditional classification has relevance in the Australian context as the High Court of Australia has held that recourse may be had to historical or traditional classifications of a body to fully understand what that body truly is. Notwithstanding that, it is argued the High Court of Australia has chosen to give little weight to this important classification when it has considered the constitutional basis of courts martial in Australia. The validity of the current courts martial system in Australia, established under the DFDA, has now been directly challenged before the High Court on seven occasions. In each instance the High Court held the exercise of judicial-like powers by a non-Chapter III court, in respect of defence disciplinary matters, did not offend Chapter III of the Constitution due to the constitutional doctrine of ‘exceptionalism’. That is, although military service tribunals exercise judicial power, the High Court has held they do not exercise the judicial power of the Commonwealth under Chapter III but rather exercise an ‘exceptional’ power, and the source of such power is s 51(vi) of the Constitution – that is, the defence power. A properly constituted system of military justice requires an appellate system which is fair and operates independently of the chain of command. Since 1955, the ADF has been provided with an appellate tribunal system in the form of the Defence Force Discipline Appeals Tribunal (DFDAT). The DFDAT is not a Chapter III court, however, it operates outside the chain of command and has been well accepted by the ADF for over 60 years. The objectives of a properly functioning system of military justice are independence and impartiality. This chapter will analyse the issues of independence and impartiality so as to better understand whether the ADF has or can achieve these objectives.

How Algo Westlaw and Algo Google Scholar Failed the Rohrmoos Test, and How to Improve Case Law Citation With or Without Artificial Intelligence

How Algo Westlaw and Algo Google Scholar Failed the Rohrmoos Test, and How to Improve Case Law Citation With or Without Artificial Intelligence

Exacerbating injustice: Post-conviction disclosure in England and Wales

Following years of debate, the creation of the Court of Appeal (Criminal Division) in England and Wales signified official recognition that the criminal process may sometimes result in unsafe convictions. Central to the operation of the appellate system, is the ability of individuals who claim that their conviction is in error, to revisit and re-examine evidence gathered during the investigation, as well as that relied upon at their trial. High-profile miscarriages of justice have often only been remedied when there has been defence access to materials post-conviction (which had often not been disclosed pre-trial). While there has (rightly) been critical attention paid to pre-trial non-disclosure and the risks this poses to justice, such scrutiny has been lacking post-conviction. And yet, it is arguable that the rationale of preventing miscarriages of justice underpinning the duties of pre-conviction disclosure, subsists post-conviction. However, the Supreme Court judgment in R (Nunn) v Chief Constable of Suffolk Constabulary & Anor. [2014] UKSC 37 has made it more difficult to gain disclosure post-conviction. This paper details a worrying picture of inconsistency among police and prosecution authorities, with confusion over what should be retained (and how), and whether disclosure post-conviction should be permitted. It concludes that without significant intervention and reform, miscarriages of justice will continue uncorrected and the appellate system will become inconsequential.