Tesi sul tema "Consent search"
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Gold, Rebecca M. "Perceptions of Search Consent Voluntariness as a Function of Race". Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/652.
Testo completoHowe, Julie E. "Voluntary Consent to Police Searches: A Result of the Foot-In-The-Door Technique". W&M ScholarWorks, 1993. https://scholarworks.wm.edu/etd/1539625845.
Testo completoGuénolé, Nicolas. "Conseil adaptatif et accompagnement des demandeurs d'emploi". Phd thesis, Conservatoire national des arts et metiers - CNAM, 2013. http://tel.archives-ouvertes.fr/tel-01062786.
Testo completoPanjwani, Hasnain. "Development of a torsion balance facility and a search for temporal variations in the Newtonian gravitational constant". Thesis, University of Birmingham, 2012. http://etheses.bham.ac.uk//id/eprint/3758/.
Testo completoPoulet, Sarah. "Contextual Cueing : apprentissage des régularités spatiales de l’environnement au cours de la recherche visuelle et accès conscient aux connaissances". Thesis, Bourgogne Franche-Comté, 2019. http://www.theses.fr/2019UBFCC027.
Testo completoWhile deeply complex, the visual world is highly structured and redundant. Through experience, human beings can thus learn regularities present in the visual world, and exploit them to deal with information overload and facilitate behaviors. For the past twenty years, the Contextual Cueing (CC) paradigm has provided an experimental tool to study, in the laboratory, how spatial regularities can be learned to expedite visual search. The first part of this dissertation reviews the existing literature related to this paradigm. It mainly discusses the implicit nature of CC, the characterization of the acquired knowledge and its facilitating effect, as well as the generalization of spatial CC to other regularities and environments. In a second part, three experimental studies using the CC paradigm are presented. The first one shows that, in natural scenes, the acquisition of implicit knowledge tends to precede the conscious exploitation of regularities that classically accompanies CC in this type of environment. In artificial scenes (i.e., letter configurations), even if CC does not seem to primarily depend on the proper implementation of explicit and conscious processes, our second study reports that its integrity is threatened during normal ageing. Finally, our third study investigates whether CC can emerge from very brief exposures of regularities (i.e., 50ms), and suggests that regularities can actually be extracted and exploited even though search displays are not (physically) available long enough to complete the search
Marzioni, Maria Francesca. "Axion dark matter and two-neutrino double electron capture searches in the Large Underground Xenon experiment". Thesis, University of Edinburgh, 2018. http://hdl.handle.net/1842/31054.
Testo completoKhalil, Sadia. "Measurement of the branching fraction of D+ meson going to muon+ neutrino and the pseudoscalar decay constant fD+ using the full psi'' sample and search for neutral D meson going to proton-electron and neutral D meson going to antiproton-positron". Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2009. http://wwwlib.umi.com/cr/syr/main.
Testo completoJin, Shendan. "Online computation beyond standard models". Electronic Thesis or Diss., Sorbonne université, 2020. http://www.theses.fr/2020SORUS152.
Testo completoIn the standard setting of online computation, the input is not entirely available from the beginning, but is revealed incrementally, piece by piece, as a sequence of requests. Whenever a request arrives, the online algorithm has to make immediately irrevocable decisions to serve the request, without knowledge on the future requests. Usually, the standard framework to evaluate the performance of online algorithms is competitive analysis, which compares the worst-case performance of an online algorithm to an offline optimal solution. In this thesis, we will study some new ways of looking at online problems. First, we study the online computation in the recourse model, in which the irrevocability on online decisions is relaxed. In other words, the online algorithm is allowed to go back and change previously made decisions. More precisely, we show how to identify the trade-off between the number of re-optimization and the performance of online algorithms for the online maximum matching problem. Moreover, we study measures other than competitive analysis for evaluating the performance of online algorithms. We observe that sometimes, competitive analysis cannot distinguish the performance of different algorithms due to the worst-case nature of the competitive ratio. We demonstrate that a similar situation arises in the linear search problem. More precisely, we revisit the linear search problem and introduce a measure, which can be applied as a refinement of the competitive ratio. Last, we study the online computation in the advice model, in which the algorithm receives as input not only a sequence of requests, but also some advice on the request sequence. Specifically, we study a recent model with untrusted advice, in which the advice can be either trusted or untrusted. Assume that in the latter case, the advice can be generated from a malicious source. We show how to identify a Pareto optimal strategy for the online bidding problem in the untrusted advice model
Gervier, Pauline. "La limitation des droits fondamentaux constitutionnels par l’ordre public". Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40058/document.
Testo completoThe dialectics of public order and freedoms has been traveling throughout legal thought since the 18th century. Sparked by new forms of delinquency and criminality, the strengthening of public order requirements leads to questioning the limitation of fundamental constitutional rights. Despite its crucible place between public order and freedoms, the limitation process remains undetermined in French law. This research, which aims at determining the limitations to protected rights, identifying the limitations to those limitations themselves, and then redefining fundamental rights through those limitations, not only helps to specify this mechanism, but also to identify the restrictions brought to the enjoyment of rights and freedoms. The Conseil constitutionnel self-restraint reveals a gradual shift in the protection of fundamental rights. Acknowledging the former leads to considering a supra legislative framework to the limitations to protected rights, and advocating in favor of the constitutional entrenchment of such a clause
李巧雯. "Consent search". Thesis, 2016. http://ndltd.ncl.edu.tw/handle/jx7abq.
Testo completo輔仁大學
法律學系碩士在職專班
104
This paper explores the practice of “consent searches”, searching without warrants when necessary for an investigation as an exception to the principle of legal reservation. While it violates the people’s constitutional right by nature, it is widely used in practice. For this reason, it is necessary to study the possible approaches to control the legality of searching without warrants, such as a threshold to initiate, and the limits for, such searches. Since “consent search” is a form of search, this paper discusses the threshold to initiate, and the scope of, searches with and without warrants in Chapter 2. Chapter 3 explores the theoretical bases for consent searches (consent given by those affected or by third persons), and discusses whether “consent” may be the basis for a search, which is a compulsory measure that interferes and violates the people’s constitutional right. Chapter 4 analyzes the elements of consent searches: subject, party, capacity, obligation of disclosure upon refusal to searches, voluntariness, rescinding, display of credentials and display of consent on record. This Chapter also provides, on the basis of Chapter 3, solutions to problems in determining whether a party has the capacity to give consent, or resolving conflicts between parties. Further, this Chapter reviews the practices of Taiwan and the U.S. on the voluntariness of consent, which is difficult to determine for searches. Finally, this paper studies Taiwan’s current legal framework and practices, and concludes that because of Taiwan’s unique practical approach, consent searches have become a shortcoming in Taiwan’s human rights protection regime. Therefore, this paper deems that the necessity of consent searches, which only serve the convenience of investigations while violating the people’s constitutional right, should be subject to skepticism.
Su, Pin-chi, e 蘇品綺. "The discussion about consent search". Thesis, 2009. http://ndltd.ncl.edu.tw/handle/66889279259610902689.
Testo completo國立中正大學
法律所
97
This article wants to the consent search system and the operation of the consent search makes the detailed discussion, including the consent search system existence significance, the system valid rationale, the consent search important document, agreed questions and so on suitable standard, and evaluate it on the present lex lata oversight and the correlation practice opinion, auxiliary provides repairs the law to suggest, the time consent search system is more complete, to not legitimately agrees with evidence of ability non-agreement search system and the operation the search obtained evidence face it question, but is part of the evidence elimination principle utilization processing, therefore this article only not legitimately agreed because whether there is searches detains judgment the thing evidence ability the agreement search launch level to differ from discusses it. To other detailed evidence elimination principle utilization then non-research scope.
Wang, Tzu-chien, e 王子謙. "The Theory and Practice of the Consent Search". Thesis, 2009. http://ndltd.ncl.edu.tw/handle/73596304010306167354.
Testo completo東吳大學
法律學系
97
Search is a law enforcement to conduct a search of a person or location for evidence of a criminal offense and seize such items. Consent to search usually was described as a waiver of the constitutional right against unreasonable search and seizure. It may have conflicting views on the impact of personal freedom, freedom of residence, work and business freedom, property rights, moral rights, and privacy rights. However, the authorities in advance by some restrictions to protect the people of this basic right, the Constitution of the Republic of China is not expressly provided authorities the power to issue search warrant. In the Code of Criminal Procedure, the legislators adopt the issuance of search warrant by the courts as the principle, but Article 130 of the Code of Criminal Procedure, Article 131, Article 131-1 and the creation of "no search warrant," the provisions, which constitute exceptions to the principle of the search warrant. This is a result of a compromise, but "no search warrant," should be avoided except upside down, to subvert the legislative intent of the original. The concept of “Consent search” in Article 131-1 of the Code of Criminal Procedure states “A search may be made without a search warrant with the voluntary consent of the person being searched, provided that the person conducting the search shall show his proof of identity to the person being searched, and put the fact of the consent being given in the records.” is too short and then prone to the possibility of abuse. Consent search had been rushed approved on January 3, 2001.There are a lot of issues of Consent search need to be further discussed such as its constitutionality, the main body of the ability to consent, scope of the search, etc. On the other hand, the different standards to judge or discrepancies of court’s judgments also existed among the courts. Therefore, the theory of consent search should be held fast to the spirit of the Constitution and the law of norms, only at a basic right guaranteed by the Constitution of the intention of the people. This study expects to have contribution not only on construction of consent search for the theoretical foundation of law, but also the application of the interpretation of the relevant issues by reference to the foreign legal system. Furthermore, the study reference to foreign legislation and practice of the operation and to make a systematic collation and analysis of induction, with the hope to provide practical operation of law and the legislators of the future reference.
侯興龍. "A Study on the Consent Search in the ROC Criminal Procedure". Thesis, 2010. http://ndltd.ncl.edu.tw/handle/82265892774071606880.
Testo completo國立臺灣海洋大學
海洋法律研究所
98
For law enforcement departments, “searching” is one of the methods to find suspects or the accused. It is also a kind of enforcing sanction that interferes civil rights. “Searching” in criminal procedure law is judicially based on comparative judge reserved principle (mostly search with a warrant; exceptionally without a warrant). Search without a warrant includes incidental searching, searching without a warrant, emergent searching and approval searching. And the mostly used in practice is approval search. Searching with approve is one sort of the searching that doesn’t require a warrant and belongs to a kind of exception for searching with a warrant. It’s developed via US’s legal cases. In our country, it can be referred to criminal procedure law section 131-1.This kind of searching involves the issue that interfere civil rights. Thus, this sort of searching must be strictly limited to certain criteria or it can be misused by law enforcement department. Scholars with approval searching almost take US’s legal cases for example. They also claim that approval search must obey criteria below: 1. Conductors must clearly inform the person being searched that he’s not obligated to do so. 2. The person being searched must be deciding under his free will. To be brief, abandoning the constructional rights must be out of person’s (who is searched) voluntary will and purposely abandon the tights already known. However, in our law, criteria like who to agree, how to agree, how to withdraw the agreement, when to agree, 3rd-person’s agreement, review of approval search and the range of agreement aren’t mentioned. Therefore, this book expects to construct relative legal system through referring foreign systems to solve the problems mentioned above. I hope with this article can ease the interest conflicts between the country and people and create a win-win situation.
"Ethics and Online Behaviors: Challenges Among Counseling and Psychology Graduate Students". Master's thesis, 2012. http://hdl.handle.net/2286/R.I.15156.
Testo completoDissertation/Thesis
M.C. Counseling Psychology 2012
CHIU, SHU-HSUAN, e 邱姝瑄. "A Study on Third-party Consent Searches from the Theory of Consent Searches-Be Centered Around the Rights Conflict of Constitution". Thesis, 2016. http://ndltd.ncl.edu.tw/handle/ck8zc5.
Testo completo東吳大學
法律學系
104
Search based upon consent is one of the warrantless searches, developing from U.S. case law. In Taiwan, consent search has been practiced for years and has been codified in the revision of the Code of Criminal Procedure in 2001. However, the legislation of consent search is quite simple in Taiwan, and can only be supplemented by theories and practices in an uncertain base. Thus, third party consent search has become an issue. In Taiwan, the “assumption of the risk doctrine” in U.S. law has been used to interpret “the person” in article 131-1. Therefore, the person who has the right to consent should be the one who is been searched rather than the suspect or accused. Further, section 2 of article 122 also allows third party search. However, the legitimacy issue remains, especially the application and limitations of the law, when the essence of search has been transferred to the invasion of privacy. This thesis will analyzes the search, privacy, consent search and third party search in a comparative way based on practices, statutes and foreign cases. A better policy of the third party consent search will be provided in the end.
Ting-WeiChang e 張庭維. "Search for an Optimal Four-Stage Constant Current Charging Pattern for Li-Ion Batteries with Hybrid Taguchi-Particle Swarm Optimization". Thesis, 2018. http://ndltd.ncl.edu.tw/handle/r6ydzt.
Testo completoCruz, Ana Clara Curval. "Das buscas não domiciliárias e revistas no Código de Processo Penal : ainda, a questão do consentimento nas buscas não domiciliárias". Master's thesis, 2020. http://hdl.handle.net/10400.14/33637.
Testo completoThe current project must be readed, having in consideration one master guide. The truth in Law can’t be reached anyway. Certainly, major of the times, the realization of searches both in people or places, makes possible the seizure of objects related to the commission of a crime. So, the execution of these diligences can often lead to the truth of things, the truth of what happened factually. For the average citizen, average citizen should be understood as the medium literate and, above all, non jurist, the arrival of this truth may be enough. Although, not for the jurists and not, above all, to the justice of a State of Law. So, in this project we will critically analyze the searches law, trying, mainly, to understand how it is possible to reach a material truth, compatible with a justice of a State of Law.
Franco, Pedro Elói Pereira. "Algumas considerações em redor do consentimento do visado no âmbito das buscas domiciliárias: reflexão à luz da constituição". Master's thesis, 2017. http://hdl.handle.net/10316/83986.
Testo completoCom a presente dissertação de mestrado, pretendemos analisar o consentimento prestado pelo visado no âmbito das buscas domiciliárias previsto no artigo 177º, nº 2, al. b) e nº 3, als. a) e b) do CPP e, tentar responder, de forma coerente e clara, a algumas questões levantadas pela doutrina e jurisprudência.Como veremos, as buscas domiciliárias são um meio de obtenção da prova que, por contenderem com direitos fundamentais constitucionalmente tutelados, nomeadamente, a reserva da intimidade da vida privada (artigo 26º, nºs. 1 e 2) e a inviolabilidade do domicílio (artigo 34º), estão sujeitas a determinados requisitos e formalidades de admissibilidade, sendo o consentimento prestado pelo visado, uma das formas legalmente admissíveis que legitima a entrada dos OPC no domicílio de um cidadão.Ora, a pertinência deste tema resulta precisamente da divergência que subsiste atualmente na doutrina e na jurisprudência portuguesa. Na verdade, estas incongruências estimulam incertezas acerca do seu regime, conduzindo os órgãos de perseguição penal, em particular, os OPC à realização de diligências que, à luz do artigo 126º, nº 3 do CPP, são consideradas métodos proibidos de prova, colocando em causa todas as provas obtidas e que, eventualmente, poderiam ser fundamentais para a conclusão da investigação. É o caso, p. ex., da efetivação de uma busca domiciliária com base no consentimento prestado por pessoa sem legitimidade para o fazer.Neste sentido, é pertinente identificarmos, de forma clara, quem possui legitimidade para consentir a entrada dos OPC numa habitação, para aí realizarem uma busca domiciliária, isto é, uma diligência conducente à recolha de objetos relacionados com um crime ou, que possam servir de prova ou, ainda, para a detenção de um indivíduo que aí se encontre licitamente ou ilicitamente nos termos dos artigos 190º e 378º do CP.Contudo, na elaboração deste trabalho, não menosprezamos, igualmente, a importância da determinação do conceito de domicílio reconhecido pela Lei Constitucional no seu artigo 34º, bem como o entendimento que se deve retirar do nº 1 do artigo 177º do CPP no que se refere à “dependência fechada” que, também, têm sido alvo de várias divergências nos tribunais portugueses.
With this Master's thesis we are planning to analyze the consent given by the person targeted in the context of domiciliary searches as per article 177, no 2, line b) and no 3, lines a) and b) of the criminal procedure code. We will also try to respond in a coherent and clear manner to certain issues raised by doctrine and case law. As we shall see, home searches are a means of obtaining evidence that, as they contend with fundamental constitutional rights, namely, the preservation of private life (Article 26, no 1 and no 2) and inviolability of domicile (Article 34), they are subject to certain requirements and formalities of admissibility. The consent given by the targeted person is one of the procedures legally admissible which can legitimize the criminal police to enter the domicile of a citizen. However, the pertinence of this subject is due precisely to the divergence that currently exists in Portuguese doctrine and jurisprudence. The truth is that these inconsistencies stimulate uncertainties about their regime, leading the criminal prosecution bodies, in particular, the criminal Police to take steps which, in the light of article 126, no 3 of the criminal procedure code, are considered to be prohibited methods to collect evidence, which thus will jeopardize all the evidence obtained, and which could possibly be key to the completion of the investigation. This is for example the case for the launch of a home search based on the consent given by a person who has no legitimacy to do so. In this sense, it is pertinent to clearly identify who has the legitimacy to give consent to authorize the entry of the criminal police into a house to carry out a domiciliary search, that is, a procedure leading to the collection of objects related to a crime or, which may serve as evidence or which may lead to the arrest of an individual who is lawfully or unlawfully held in custody in accordance with article 190 of the Criminal Code. Nevertheless, in the preparation of this work, we will not neglect the importance of defining, in particular, the concept of domicile as recognized by the Constitutional Law in its article 34, as well as the conclusion to be drawn from article 177, no 1, of the criminal procedure code that refers to "closed dependence", which has also been the subject of several divergences in the Portuguese courts.