Confession (Law
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Confession (Law
A confession is a statement – made by a person or by a group of persons – acknowledging some personal fact that the person (or the group) would ostensibly prefer to keep hidden. The term presumes that the speaker is providing information that he believes the other party is not already aware of,Roger W. Shuy, ''The Language of Confession, Interrogation, and Deception'' (1998), p. 2–10. and is frequently associated with an admission of a moral or legal wrong: Not all confessions reveal wrongdoing, however. For example, a confession of love is often considered positive both by the confessor and by the recipient of the confession and is a common theme in literature. With respect to confessions of wrongdoing, there are several specific kinds of confessions that have significance beyond the social. A legal confession involves an admission of some wrongdoing that has a legal consequence, while the concept of confession in religion varies widely across various belief systems, ...
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Confession (law)
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some secondary authorities, such as Black's Law Dictionary, define a confession in more narrow terms, ''e.g.'' as "a statement admitting or acknowledging all facts necessary for conviction of a crime," which would be distinct from a mere admission of certain facts that, if true, would still not, by themselves, satisfy all the elements of the offense. The equivalent in civil cases is a statement against interest. History This specific form of testimony, involving oneself, is used as a form of proof in judicial matters, since at least the Inquisition. The value of confessions, however, are discussed, and law generally request cross-checking them with objective facts and others forms of evidence (exhibits, testimonies from witnesses, etc.) in order to evaluate their truth value. Confessions were first developed in the Roman Catholic Church under the Sacrament of Penan ...
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Forced Confession
A forced confession is a confession obtained from a suspect or a prisoner by means of torture (including enhanced interrogation techniques) or other forms of duress. Depending on the level of coercion used, a forced confession is not valid in revealing the truth. The individuals being interrogated may agree to the story presented to them or even make up falsehoods themselves in order to satisfy the interrogator and discontinue their suffering. For centuries the Latin phrase "''Confessio est regina probationum''" (in English: "Confession is the queen of evidence") justified the use of forced confession in the European legal system. When especially during the Middle Ages acquiring a confession was the most important thing during preparations before a trial, than the method used to get the confession seemed irrelevant, de facto sanctioning the use of torture to extract forced confession. By the late 18th century, most scholars and lawyers thought of the forced confession not only ...
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Atonement In Judaism
Atonement in Judaism is the process of causing a transgression to be forgiven or pardoned. In Rabbinic Judaism In Rabbinic Judaism, atonement is achieved through repentance, which can be followed by some combination of the following: * confession * restitution * the occurrence of Yom Kippur (the day itself, as distinct from the Temple service performed on it) * tribulations (unpleasant life experiences) * the experience of dying. * the carrying out of a sentence of lashes or execution imposed by an ordained court (not now in existence) * Temple service (not now in existence, e.g. bringing a sacrifice). Which of these additions are required varies according to the severity of the sin, whether it was done willfully, in error, or under duress, whether it was against God alone or also against a fellow person, and whether the Temple service and ordained law courts are in existence or not. Repentance is needed in all cases of willful sin, and restitution is always required in th ...
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Self-criticism
Self-criticism involves how an individual evaluates oneself. Self-criticism in psychology is typically studied and discussed as a negative personality trait in which a person has a disrupted self-identity. The opposite of self-criticism would be someone who has a coherent, comprehensive, and generally positive self-identity. Self-criticism is often associated with major depressive disorder. Some theorists define self-criticism as a mark of a certain type of depression (introjective depression), and in general people with depression tend to be more self critical than those without depression. People with depression are typically higher on self-criticism than people without depression, and even after depressive episodes they will continue to display self-critical personalities. Much of the scientific focus on self-criticism is because of its association with depression. Personality theory Sidney Blatt has proposed a theory of personality which focuses on self-criticism and dependenc ...
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Struggle Session
Denunciation rallies, also called struggle sessions, were violent public spectacles in Maoist China where people accused of being "class enemies" were publicly humiliated, accused, beaten and tortured by people with whom they were close. Usually conducted at the workplace, classrooms and auditoriums, "students were pitted against their teachers, friends and spouses were pressured to betray one another, ndchildren were manipulated into exposing their parents". Staging, scripts and agitators were prearranged by the Maoists to incite crowd support. The aim was to instill a crusading spirit among the crowd to promote the Maoist thought reform. These rallies were most popular in the mass campaigns immediately before and after the establishment of the People's Republic of China and during the Cultural Revolution. The denunciation of prominent class enemies was often conducted in public squares, and marked by large crowds who surrounded the kneeling victim, raised fists, and outburs ...
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Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that ...
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Code Of Criminal Procedure (India)
The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents. At present, the act contains 565 sections, 5 schedules and 56 forms. The sections are divided into 46 chapters. History In medieval India, subsequent to the law set by the Muslims, the Mohammedan Criminal Law came into prevalence. The British rulers passed the Regulating Act of 1773 under which a Supreme Court was established in Calcutta and later on at Madras and in Bombay. The Supreme Court was to apply British procedu ...
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Admissible Evidence
Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For evidence to be admissible, it must be relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly prejudicial, and it must have some indicia of reliability. The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible, though some countries (such as the United States and, to an extent, Australia) proscribe the prosecution from exploiting evidence obtained in violation of constitutional law, thereby rendering relevant evidence inadmissible. This rule of evidence is called the exclusionary rule. In the United States this was effectuated federally in 1914 under the Supreme Court case '' Weeks v. United States'' and incorporated against th ...
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Police
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usually public sector services, funded through taxes. Law enforcement is only part of policing activity. Policing has included an array of activities in different situations, but the predominant ones are concerned with the pre ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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Indian Evidence Act
The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law. Importance The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Until then, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, community, faith and social position. The Indian Evidence Act introduced a standard set of law applicable to all Indians. The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation. The Act The Indian Evidence Act, identified as Act ...
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