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Criminal Defenses
In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the ''intent'' element), known as defenses. The label may be apt in jurisdictions where the ''accused'' may be assigned some ''burden'' before a tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the ''prosecution'', which also must prove the ''absence'' of these defenses, where implicated. In other words, in many jurisdictions the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment. Types of defenses in a court of law Mental disorder (insanity) Insanity or ''mental disorder'' (Australia and Canada), may negate the ''intent'' of any crime, although it pertains only to those crimes having an ''intent'' element. A variety of rules have been advanced to define what, precisely, constitutes criminal ''insanity''. The most common definiti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Culpability
In criminal law, culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word ''culpability'' "ordinarily has normative force, for in nonlegal English, a person is culpable only if he is justly to blame for his conduct". The guilt principle requires that in order to convict a person it is necessary to ascertain his voluntary or reckless behaviour, Strict Liability being prohibited. Etymology Culpability descends from the Latin concept of fault ('' culpa''), which is also the origin of the phrase, '' mea culpa''. Concept The concept of culpability is intimately tied up with notions of agency, freedom, and free will. All are commonly held to be necessary, but not sufficient, conditions for culpability. In law From a legal perspective, culpability describes the degree of one's ''blameworthiness'' in the commission of a crime or offense. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tramp
A tramp is a long-term homeless person who travels from place to place as a vagrant, traditionally walking all year round. Etymology Tramp is derived from a Middle English verb meaning to "walk with heavy footsteps" (''cf.'' modern English ''trample'') and "to go hiking". In Britain, the term was widely used to refer to vagrants in the early Victorian period. The social reporter Henry Mayhew refers to it in his writings of the 1840s and 1850s. By 1850, the word was well established. In that year, Mayhew described "the different kinds of vagrants or tramps" to be found in Britain, along with the "different trampers' houses in London or the country". He distinguished several types of tramps, ranging from young people fleeing from abusive families, through to people who made their living as wandering beggars and prostitutes. In the United States, the word became frequently used during the American Civil War, to describe the widely shared experience of undertaking long marches, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Petrol
Gasoline (North American English) or petrol ( Commonwealth English) is a petrochemical product characterized as a transparent, yellowish, and flammable liquid normally used as a fuel for spark-ignited internal combustion engines. When formulated as a fuel for engines, gasoline is chemically composed of organic compounds derived from the fractional distillation of petroleum and later chemically enhanced with gasoline additives. It is a high-volume profitable product produced in crude oil refineries. The ability of a particular gasoline blend to resist premature ignition (which causes knocking and reduces efficiency in reciprocating engines) is measured by its octane rating. Tetraethyl lead was once widely used to increase the octane rating but is not used in modern automotive gasoline due to the health hazard. Aviation, off-road motor vehicles, and racing car engines still use leaded gasolines. Other substances are frequently added to gasoline to improve chemical stabilit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assault Occasioning Actual Bodily Harm
Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in Ireland and South Australia, but replaced with a similar offence. Australia Anything interfering with the health or comfort of victim which is more than merely transient or trifling has been held by Australian courts to be "actual bodily harm". Australian Capital Territory The offence is created by section 24(1) of the Crimes Act 1900. New South Wales The offence is created by section 59(1) of the Crimes Act 1900 (a different statute of the same name). South Australia Assault occasioning actual bodily harm was formerly an offence under section 40 of the Criminal Law Consolidation Act 1935, but has been abolished and replaced with a similar offence (see below). Hong Kong The offen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Specific Intent
In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing. Definitions Intent is defined in English law by the ruling in ''R v Mohan'' 976QB 1 as "the decision to bring about a prohibited consequence" ( malum prohibitum). A range of words represents shades of ''intent'' in criminal laws around the world. The mental element, or ''mens rea'', of murder, for example, was historically called malice aforethought. In some jurisdictions transferred intent allows the prosecution for intentional murder if a death occurs in the course of committing an intentional crime (see Felony murder rule). The intent for the other crime is transferred to the killing in this type of situation. The language of "malice" is mostly abandoned and intent element of a crime, such as intent to kill, may exist without a malicious motive, or even w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michelangelo Drunken Noah
Michelangelo di Lodovico Buonarroti Simoni (6March 147518February 1564), known mononymously as Michelangelo, was an Italian sculptor, painter, architect, and poet of the High Renaissance. Born in the Republic of Florence, his work was inspired by models from classical antiquity and had a lasting influence on Western art. Michelangelo's creative abilities and mastery in a range of artistic arenas define him as an archetypal Renaissance man, along with his rival and elder contemporary, Leonardo da Vinci. Given the sheer volume of surviving correspondence, sketches, and reminiscences, Michelangelo is one of the best-documented artists of the 16th century. He was lauded by contemporary biographers as the most accomplished artist of his era. Michelangelo achieved fame early. Two of his best-known works, the ''Pietà (Michelangelo), Pietà'' and ''David (Michelangelo), David'', were sculpted before the age of 30. Although he did not consider himself a painter, Michelangelo created ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Defense Lawyer
A criminal defense lawyer is a lawyer (mostly barristers) specializing in the Defense (legal), defense of individuals and companies charged with Criminal law, criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent Poverty, indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from country to country. Some jurisdictions use a rotating system of appointments, with judges appointing a private practice attorney or firm for each case. United States In the Law of the United States, United States, criminal defense lawyers deal with the issues surrounding an arrest, a criminal investigation, criminal charges, Sentence (law), sentencing, appeals, and post-trial issues. Criminal defense lawyers strive to minimize the harsh consequences of an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arson
Arson is the act of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving risk to human life or property carrying a stricter penalty. Arson that results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy. Arson is also often committed to conceal another crime, such as murder or burglary. A person who commits arson is referred to as an arsonist, or a serial arsonist if the person has committed arson several times. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel, and direct fir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wardrobe
A wardrobe, also called armoire or almirah, is a standing closet used for storing clothes. The earliest wardrobe was a chest, and it was not until some degree of luxury was attained in regal palaces and the castles of powerful nobles that separate accommodation was provided for the apparel of the great. The name of wardrobe was then given to a room in which the wall-space was filled with closets and lockers, the drawer being a comparatively modern invention. From these cupboards and lockers the modern wardrobe, with its hanging spaces, sliding shelves and drawers, evolved slowly. Throughout the chronological changes in the form of the enclosure, it has more or less retained its preset function as a place to retain a king's robe. The word has gained coinage over successive generations as an independent store for among others, preserving precious items for a ruler like gold, well highlighted in King Edward I's times. It is also a simple patio where clothes are hung from meta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
