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ALI Rule
The ALI rule, or American Law Institute Model Penal Code rule, is a recommended rule for instructing juries how to find a defendant in a criminal trial is not guilty by reason of insanity.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> It broadened the M'Naghten rule of whether a defendant was so mentally ill A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitt ... that he is unable to "know" the nature and quality of his criminal act, or know its wrongfulness, to a question of whether he had "substantial capacity to appreciate the criminality of isconduct". It also added a volitional component as to whether defendant was lacking in "substantial capacity to conform his conduct to the law". It ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Instruction
Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial. Description Jury instructions are the set of legal rules governing how jurors should behave when deciding a case, often addressing with whom jurors may discuss the case and how jurors will decide who is guilty. They are a type of jury control procedure, intended to mitigate potential actions of jurors that may prevent a fair trial; the judge provides these instructions to ensure their interests are represented and nothing prejudicial is said. Use United States Under the American judicial system, juries are often the trier of fact when they serve in a trial. In other words, it is their job to sort through disputed accounts presented in evidence. The judge decides questions of law, meaning he or she decides how the law applies to a given set of facts. Jury instructions are given to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Trial
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wolters Kluwer Law & Business
Wolters Kluwer N.V. () is a Dutch information services company. The company is headquartered in Alphen aan den Rijn, Netherlands (Global) and Philadelphia, United States (corporate). Wolters Kluwer in its current form was founded in 1987 with a merger between Kluwer Publishers and Wolters Samsom. The company serves legal, business, tax, accounting, finance, audit, risk, compliance, and healthcare markets. It operates in over 150 countries. History Early history Jan-Berend Wolters founded the Schoolbook publishing house in Groningen, Netherlands, in 1836. In 1858, the Noordhoff publishing house was founded alongside the Schoolbook publishing house. The two publishing houses merged in 1968. Wolters-Noordhoff merged with Information and Communications Union (ICU) in 1972 and took the name ICU. ICU changed its name to Wolters-Samsom in 1983. The company began serving foreign law firms and multinational companies in China in 1985. In 1987, Elsevier, the largest publishing house in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Kaplan (law Professor)
John Kaplan (1929November 25, 1989) was a legal scholar, social scientist, social justice advocate, popular law professor, and author. He was a leading authority in the field of criminal law, and was widely known for his legal analyses of some of the deepest social problems in the United States. He was known for his work linking sociological research with legal policies, and limiting academic legal theory with real-world sociological data. He was an advocate for ending criminal prohibitions on private behavior such as drug use, arguing that these laws only made any problems worse. Education and career Kaplan received a bachelor of science degree in physics from Harvard University, then worked in a Naval research lab for several years. He returned to Harvard to attend Law School, was a member of the Harvard Law Review, and graduated magna cum laude. In 1954–5, after his law degree, he served as law clerk for US Supreme Court Justice Thomas C. Clark, then studied criminology in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Weisberg
Robert I. Weisberg is an American lawyer. He is an Edwin E. Huddleson, Jr. Professor of Law at Stanford Law School, and an expert on criminal law and criminal procedure, as well as a leading scholar in the law and literature movement. Weisberg was educated at Bronx High School of Science, and received his B.A. from City College of New York in 1966. He obtained his M.A. and Ph.D. degrees in English from Harvard University in 1967 and 1971. After graduation, he taught English at Skidmore College from 1970 to 1976. Weisberg left to attend Stanford Law School, where he received a J.D. in 1979 and was the Editor-in-Chief of the ''Stanford Law Review''. He then served as a law clerk for Judge J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia Circuit, followed by Justice Potter Stewart of the U.S. Supreme Court during the 1980 Term. In 1981, he joined the faculty at Stanford Law School, where he has won numerous teaching awards, served as special assistant to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mentally Ill
A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitting, or occur as single episodes. Many disorders have been described, with signs and symptoms that vary widely between specific disorders. Such disorders may be diagnosed by a mental health professional, usually a clinical psychologist or psychiatrist. The causes of mental disorders are often unclear. Theories may incorporate findings from a range of fields. Mental disorders are usually defined by a combination of how a person behaves, feels, perceives, or thinks. This may be associated with particular regions or functions of the brain, often in a social context. A mental disorder is one aspect of mental health. Cultural and religious beliefs, as well as social norms, should be taken into account when making a diagnosis. Services are b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Volition (psychology)
Volition or will is the cognitive process by which an individual decides on and commits to a particular course of action. It is defined as purposive striving and is one of the primary human psychological functions. Others include affect (feeling or emotion), motivation (goals and expectations), and cognition (thinking). Volitional processes can be applied consciously or they can be automatized as habits over time. Most modern conceptions of volition address it as a process of conscious action control which becomes automatized (e.g. see Heckhausen and Kuhl; Gollwitzer; Boekaerts and Corno). Overview '' Willpower'' and ''volition'' are colloquial and scientific terms (respectively) for the same process. When a person ''makes up their mind'' to do a thing, that state is termed 'immanent volition'. When we put forth any particular act of choice, that act is called an emanant, executive, or imperative volition. When an immanent or settled state of choice controls or governs a series ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
