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Criminal Negligence
In criminal law, criminal negligence is a surrogate state of mind required to constitute a ''conventional'' (as opposed to ''strictly liable'') offense. It is not, strictly speaking, a (Law Latin for "guilty mind") because it refers to an objective standard of behaviour expected of the defendant and does not refer to their mental state. Concept To constitute a crime, there must be an ''actus reus'' (Latin for "guilty act") accompanied by the ''mens rea'' (see concurrence). Negligence shows the least level of culpability, intention being the most serious, and recklessness being of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences. Recklessness is usually described as a "malfeasance" where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral 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 of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or 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 offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authorit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction (law)
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and is used in countries such as England, Wales, Canada, Australia, and New Zealand. The criminal justice system is not perfect and there are instances in which guilty defendants are acquitted and innocent people are convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. After a defendant is convicted, the court determines the appropriate sentence as a punishment. In addition to the sentence, a conviction can also have othe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentence (law)
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Excuse
In jurisprudence, an excuse is a defense to criminal charges that is distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse).Criminal Law Cases and Materials, 7th ed. 2012; John Kaplan, Robert Weisberg, Guyora Binder Exculpation is a related concept which reduces or extinguishes a person's culpability, such as a their liability to pay compensation to the victim of a tort in the civil law. The excuse provides a mitigating factor for a group of persons sharing a common characteristic. Justification, as in justifiable homicide, vindicates or shows the justice. Thus, society approves of the purpose or motives underpinning some actions or the consequences flowing from them (see Robinson), and distinguishes those where the behavior cannot be approved but some excuse may be found in the characteristics of the defendant, e.g. that the accused was a serving police officer or suffering from a mental illness. Thu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insanity Defense
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, , It is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Disorder
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. Service ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Autism
The autism spectrum, often referred to as just autism or in the context of a professional diagnosis autism spectrum disorder (ASD) or autism spectrum condition (ASC), is a neurodevelopmental condition (or conditions) characterized by difficulties in social interaction, verbal and nonverbal communication, and the presence of repetitive behavior and restricted interests. Other common signs include unusual responses to sensory stimuli. Autism is generally understood as a ''spectrum disorder'', which means that it can manifest differently in each person: any given autistic individual is likely to show some, but not all, of the characteristics associated with it, and the person may exhibit them to varying degrees. Some autistic people remain nonspeaking over the course of their lifespan, while others have relatively unimpaired spoken language. There is large variation in the level of support people require, and the same person may present differently at varying times. Historicall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adult
An adult is a human or other animal that has reached full growth. In human context, the term ''adult'' has meanings associated with social and legal concepts. In contrast to a " minor", a legal adult is a person who has attained the age of majority and is therefore regarded as independent, self-sufficient, and responsible. They may also be regarded as a "major". The typical age of attaining legal adulthood is 18, although definition may vary by legal rights, country, and psychological development. Human adulthood encompasses psychological adult development. Definitions of adulthood are often inconsistent and contradictory; a person may be biologically an adult, and have adult behavior, but still be treated as a child if they are under the legal age of majority. Conversely, one may legally be an adult but possess none of the maturity and responsibility that may define an adult character. In different cultures there are events that relate passing from being a child to becom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Disability (other)
Mental disability may refer to: * Developmental disability, a chronic condition due to mental or physical impairments arising before adulthood * Disabilities affecting intellectual abilities, medical conditions affecting cognitive ability including: ** Intellectual disability, also known as general learning disability, a generalized neurodevelopmental disorder ** Learning disability, where a person has difficulty learning in a typical manner * Mental disorder, also called mental illness or psychiatric disorder, a behavioral or mental pattern that causes impairment of personal functioning ** Neurodevelopmental disorder, a disorder of brain function * Emotional and behavioral disorders, a disability classification used in educational settings See also * Mental health * Physical disability A physical disability is a limitation on a person's physical functioning, mobility, dexterity or stamina. Other physical disabilities include impairments which limit other facets of daily ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Physical Disability
A physical disability is a limitation on a person's physical functioning, mobility, dexterity or stamina. Other physical disabilities include impairments which limit other facets of daily living, such as respiratory disorders, blindness, epilepsy and sleep disorders. Causes Prenatal disabilities are acquired before birth. These may be due to diseases or substances that the mother has been exposed to during pregnancy, embryonic or fetal developmental accidents or genetic disorders. Perinatal disabilities are acquired between some weeks before to up to four weeks after birth in humans. These can be due to prolonged lack of oxygen or obstruction of the respiratory tract, damage to the brain during birth (due to the accidental misuse of forceps, for example) or the baby being born prematurely. These may also be caused due to genetic disorders or accidents. Post-natal disabilities are gained after birth. They can be due to accidents, injuries, obesity, infection or other illness ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defense Of Infancy
The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed. Under the English common law the defense of infancy was expressed as a set of presumptions in a doctrine known as doli incapax'. A child under the age of seven was presumed incapable of committing a crime. The presumption was conclusive, prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what they had done. Children aged 7–13 were presumed incapable o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
