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Diminished Responsibility
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind. For example, if the felony murder rule does not apply, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation, and the specific intent to kill—all three are necessary elements of the state's case. If evidence exists, sufficient to create a reasonable doubt as to whether the defendant because of mental illness or "defect" possessed the capacity to premeditate, deliberate or form the specific intent to kill then the state cannot convict the defendant of first degree murder. This does not mean that the de ... [...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 N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Deas, Lord Deas
Sir George Deas, Lord Deas (1804–1887) was a 19th century Scottish judge. Life Deas, son was born in 1804. Sir David Deas, naval medical officer, was his brother. He acquired the rudiments of knowledge in various schools in Falkland, Milnathort in Kinross, and Perth, and in 1817 entered a writer's office in Perth. Having spent some time there, and also in the office of a writer in Cupar, he came to Edinburgh, where he pursued his legal studies, and also attended various classes at the University of Edinburgh obtaining prizes in logic, metaphysics, moral philosophy, and law. He was called to the Scottish bar in 1828, where he soon acquired considerable practice. In 1833, "George Deas, advocate", is listed as living at 33 Scotland Street in Edinburgh's New Town, ground floor and basement accommodation in a high quality tenement. In 1840 he received the appointment of Advocate depute, an office to which he was reappointed in 1846, and which he held until 1850. He was made S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert McQueen, Lord Braxfield
Robert McQueen, Lord Braxfield (4 May 1722 – 30 May 1799) was a Scottish advocate and judge. Life McQueen was born at Braxfield House near Lanark on 4 May 1722, son of John McQueen. He studied law at Edinburgh University and was admitted to the Faculty of Advocates in 1744. In 1759 he was appointed an Advocate Depute appearing for the Crown in prosecutions. He often appeared in more than 15 cases per day and earned £1900 in a single year. He became a judge in 1776 and took the title Lord Braxfield. In 1788 he became Lord Justice Clerk, the second most senior judge in Scotland. Explicitly taking the view that "Government in this country is made up of the landed interest, which alone has a right to be represented" he took an active role in the suppression of the Friends of the People Society in the trials and sentences passed on Thomas Muir and others. To accomplish this he "invented a crime of unconscious sedition". A famous quote of his in this respect was "Let them bring ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gilmerton
Gilmerton ( gd, Baile GhilleMhoire, IPA: paləˈʝiːʎəˈvɔɾʲə is a suburb of Edinburgh, about southeast of the city centre. The toponym "Gilmerton" is derived from a combination of gd, Gille-Moire– a personal name and later surname meaning "Servant of he VirginMary", from which comes the first element, "Gilmer", – and ang, ton meaning "settlement" or "farmstead". Versions of the name are recorded from the middle of the 12th century. Gilmerton used to be a coal mining village. Below its centre is a series of shallow linked caves collectively called Gilmerton Cove. Traditionally they were attributed to the work of a local blacksmith, George Paterson, who supposedly completed excavations in 1724 and lived in the caves for several years, although there may be reasons to doubt this. A street in the Dunedin, New Zealand suburb of Corstorphine, Gilmerton Street, is named after the suburb. Community facilities Gilmerton Library serves a number of informal learning ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir Archibald Gordon Kinloch, 7th Baronet
Sir Archibald Gordon Kinloch of Gilmerton ( – 1800) was a Scottish baronet who, in one of the most celebrated cases in late 18th century Britain, murdered his elder brother, Sir Francis Kinloch, 6th baronet of Gilmerton. In the approach to the tragic events (and during the trial) he was known by his military title of Major Alexander Gordon Kinloch (close acquaintances call him Major Gordon). Through the greatest of ironies, due to the murder, Kinloch was thereafter entitled "Sir". Although the term is not used during his trial, it is one of the first recorded instances of diminished responsibility due to mental instability. The case also set parameters for the use and validity of notes taken by witnesses in use as testimony. He therefore became a baronet on 16 April 1795 the day of his victim's death. The entirety of his baronetcy was spent either in prison or under house arrest, neither being a barrier to his legal rights to the title of Baronet. His trial included many promin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homicide Act 1957
The Homicide Act 1957 (5 & 6 Eliz.2 c.11) is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice (except in limited circumstances), reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact. It restricted the use of the death penalty for murder. Similar provisions to Part I of this Act was enacted for Northern Ireland by Part II of the Criminal Justice Act (Northern Ireland) 1966. History The Act was introduced following the Royal Commission on Capital Punishment 1949–53, and embodied some of its recommendations but differed from the main recommendation which was that "it is impracticable to find a satisfactory method of limiting the scope of capital punishment by dividing murder into degrees". During and after the royal commission there had been several controversial ca ... [...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 been mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guilt (law)
In criminal law, guilt is the state of being responsible for the commission of an offense. Legal guilt is entirely externally defined by the state, or more generally a "court of law". Being "guilty" of a criminal offense means that one has committed a violation of criminal law, or performed all the elements of the offense set out by a criminal statute. The determination that one has committed that violation is made by an external body (a "court of law") after the determination of the facts by a finder of fact or “factfinder” (i.e. a jury) and is, therefore, as definitive as the record-keeping of the body. For instance, in the case of a bench trial a judge acts as both the court of law and the factfinder, whereas in a jury trial the jury is the trier of fact and the judge acts only as the trier of law. Thus, the most basic definition is fundamentally circular: a person is guilty of violating a law if a factfinder in a court of law so says. Philosophically, guilt in criminal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Society
A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Societies are characterized by patterns of relationships (social relations) between individuals who share a distinctive culture and institutions; a given society may be described as the sum total of such relationships among its constituent of members. In the social sciences, a larger society often exhibits stratification or dominance patterns in subgroups. Societies construct patterns of behavior by deeming certain actions or concepts as acceptable or unacceptable. These patterns of behavior within a given society are known as societal norms. Societies, and their norms, undergo gradual and perpetual changes. Insofar as it is collaborative, a society can enable its members to benefit in ways that would otherwise be difficult on an individua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Children And Young Persons Act 1933
The Children and Young Persons Act 1933 (23 & 24 Geo.5 c.12) is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland. It consolidated all existing child protection legislation for England and Wales into one act. It was preceded by the Children and Young Persons Act 1920 and the Children Act 1908. It is modified by the Children and Young Persons Act 1963, the Children and Young Persons Act 1969 and the Children and Young Persons Act 2008. Content The Children and Young Persons Act 1933 raised the minimum age for execution to eighteen, raised the age of criminal responsibility from seven to eight, included guidelines on the employment of school-age children, set a minimum working age of fourteen, and made it illegal for adults to sell cigarettes or other tobacco products to children. The act is worded to ensure that adults and not children are responsible for enforcing it. In 1932 a 16 year juvenile Harold Wilkins w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
