The Court seems to require random testing to be supported by evidence of significant numbers of incidents involving alcohol (or drugs) and particularized
evidence of the deterrent effect of the random testing policy balanced against the serious implications on the workers» rights to privacy (CEP at paras 45 - 51).
Not exact matches
Sociological
evidence on the
deterrent effect
of the death penalty as currently practiced is ambiguous, conflicting, and far from probative.
Capital punishment's lack
of demonstrated superiority as a
deterrent (the
evidence for its effectiveness being at best mixed), the capacity
of society to protect itself equally well by permanently imprisoning those who are currently being executed (which is possible at limited marginal cost, especially when one takes into account the cost
of the extended trial procedures and interminable appeals and reviews which usually accompany capital punishment)-- all these points are important, but their utility is chiefly as rebuttal arguments in response to the empirically weak but emotionally strong claims made on behalf
of capital punishment.
This is where some opponents
of capital punishment claim their strongest ground, for the statistical
evidence for the
deterrent effect
of capital punishment is inconsistent and inconclusive.
We'll still be the fourth largest defence power in the world, he continued, and listed retention
of Britain's nuclear
deterrent, a world class new aircraft carrier, a new fleet
of destroyers and the new Typhoon fighter as
evidence that Britain will remain a «full spectrum defence player.»
Labour will rightly continue to scrutinise sources
of evidence to ensure the
deterrent is delivered in the most cost - effective and strategic way.»
The fear
of a complainant being confronted with
evidence relating to sex with other men is, and has always been, a huge
deterrent to reporting rape.
The investigation
of financial transactions, for example for the purchase
of arms used in murder, may well provide
evidence proving the commission
of atrocities... Such prosecutions will be a key
deterrent to the commission
of future crimes, if they can curb the source
of funding.
In R v Proulx [2000 SCC 5], at para. 107, for example, a unanimous Court noted that, «[t] he empirical
evidence suggests that the
deterrent effect
of incarceration is uncertain.»
Despite its broad
deterrent purpose, the exclusionary rule has never been interpreted to proscribe the use
of illegally seized
evidence in all proceedings or against all persons... the application
of the rule has been restricted to those areas where its remedial objectives are thought most efficaciously served.
Robinson argues that Rambus destruction
of evidence constitutes bad - faith spoliation and prejudices Micron's case to the extent that dispositive sanctions rendering Rambus» patents unenforceable are the appropriate remedy — and will act as a
deterrent to similar misconduct.
There is some
evidence that shows that lack
of money for starting a practice is a major
deterrent.