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Adjudicative Competence
Adjudicative competence, also referred to as competence to stand trial, is a legal construct describing the criminal defendant's ability to understand and participate in legal proceedings. This includes the defendant's current ability to participate in various pleas and waivers of rights. It is unrelated to any possibility of an insanity plea. It is also unrelated to the ability of the defendant to represent himself, or to any evaluation of mitigation factors. The definition of adjudicative competence was provided by the United States Supreme Court in '' Dusky v. United States''. An empirical basis for the clinical assessment of competence has not yet been established. See also *Competence (law) In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Comp ... Footnotes External li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Competence (law)
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mitigating Factor
In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. Unlike a legal defense, the presentation of mitigating factors will not result in the acquittal of a defendant. The opposite of a mitigating factor is an aggravating factor. Examples The Sentencing Council of England and Wales lists the following as possible mitigating factors: *Admitting the offense, such as through a guilty plea *Mental illness *Provocation *Young age *Showing remorse Self-defense is a legal defense rather than a mitigating factor, as an act done in justified self-defense is not deemed to be a crime. If the offender was provoked but cannot be considered to have acted in self-defense, then the provocation can be used as a mitigating factor but not as a legal defense. By legal system England and Wales According to h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dusky V
Dusky is an English electronic music duo from London consisting of Alfie Granger-Howell and Nick Harriman."Dusky: Outer" , Accessed 5 November 2016 Formed in 2011, they have released music on various records labels, before setting up their own label 17 Steps in July 2014 with the release of the ''Love Taking Over'' EP. Before the formation of Dusky, the duo made music under the name of Solarity. Recognition The duo were voted as '''' Best British Producers in 2013. Their debut album ''Stick By This'' was name ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Competence (law)
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Health Law
Mental health law includes a wide variety of legal topics and pertain to people with a diagnosis or possible diagnosis of a mental health condition, and to those involved in managing or treating such people. Laws that relate to mental health include: *employment laws, including laws that prohibit employment discrimination on the basis of a mental health condition, require reasonable accommodations in the workplace, and provide mental health-related leave; *insurance laws, including laws governing mental health coverage by medical insurance plans, disability insurance, workers compensation, and Social Security Disability Insurance; *housing laws, including housing discrimination and zoning; *education laws, including laws that prohibit discrimination, and laws that require reasonable accommodations, equal access to programs and services, and free appropriate public education; *laws that provide a right to treatment; *involuntary commitment and guardianship laws; *laws governi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forensic Psychology
Forensic psychology is the development and application of scientific knowledge and methods to help answer legal questions arising in criminal, civil, contractual, or other judicial proceedings. Forensic psychology includes both research on various psychology-law topics, such as jury selection, reducing systemic racism in criminal law, and eyewitness testimony, as well as professional practice, such as evaluating individuals to determine competency to stand trial or assessing military veterans for service-connected disability compensation. The field traces its roots to contributions by Wilhem Wundt, Hugo Münsterberg, and Sigmund Freud among others. Contemporary definitions of forensic psychology recognize that several subfields of psychology apply "the scientific, technical, or specialized knowledge of psychology to the law." The American Psychological Association's ''Specialty Guidelines for Forensic Psychologists'' reference several psychology subdisciplines, such as social, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
