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Durham V. United States (1954)
''Durham v. United States'', 214 F.2d 862 (D.C. Cir. 1954), is a criminal case articulating what became known as the Durham rule for juries to find a defendant is not guilty by reason of insanity: "an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect."''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business Wolters Kluwer N.V. () is a Dutch information services company. The company is headquartered in Alphen aan den Rijn, Netherlands (Global) and Philadelphia, United States (corporate). Wolters Kluwer in its current form was founded in 1987 with a m ...; John Kaplan, Robert Weisberg, Guyora Binder, /ref> It was to enable psychiatrists to "inform the jury of the character of [the defendant's mental disease" so that a jury could be "guided by wider horizons of knowledge concerning mental life" so that juries could make determinations based on expert testimony about the disease.Insanity, En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The District Of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate courts, and covers only one district court: the U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse, near Judiciary Square, Washington, D.C. The D.C. Circuit's prominence and prestige among American federal courts is second only to the U.S. Supreme Court because its geographic jurisdiction contains the U.S. Capitol and the headquarters of many of the U.S. federal government's executive departments and government agencies, and therefore it is the main federal appellate court for many issues of American administrative law and constitutional law. Four of the current nine justices on the Supreme Court were previously judges on the D.C. Circuit including Chief Justice John Roberts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of that c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry White Edgerton
Henry White Edgerton (October 20, 1888 – February 23, 1970) was a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. Education and career Born in Rush Center, Kansas, Edgerton received an Artium Baccalaureus degree from Cornell University in 1910, and a Bachelor of Laws from Harvard Law School in 1914. He then entered private practice as an attorney, first in Saint Paul, Minnesota in 1914, and then in Boston, Massachusetts from 1915 until 1916. Edgerton was a professor at Cornell Law School from 1916 until 1918, when he returned to private practice in Boston. In 1921, he took a teaching position at the George Washington University Law School until 1928, and then taught at Cornell University until 1937. While at Cornell, Edgerton served as Special Assistant to the United States Attorney General from 1934 until 1935, during Franklin D. Roosevelt's first term as President. Federal judicial service Edgerton was nominated by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David L
David (; , "beloved one") (traditional spelling), , ''Dāwūd''; grc-koi, Δαυΐδ, Dauíd; la, Davidus, David; gez , ዳዊት, ''Dawit''; xcl, Դաւիթ, ''Dawitʿ''; cu, Давíдъ, ''Davidŭ''; possibly meaning "beloved one". was, according to the Hebrew Bible, the third king of the United Kingdom of Israel. In the Books of Samuel, he is described as a young shepherd and harpist who gains fame by slaying Goliath, a champion of the Philistines, in southern Canaan. David becomes a favourite of Saul, the first king of Israel; he also forges a notably close friendship with Jonathan, a son of Saul. However, under the paranoia that David is seeking to usurp the throne, Saul attempts to kill David, forcing the latter to go into hiding and effectively operate as a fugitive for several years. After Saul and Jonathan are both killed in battle against the Philistines, a 30-year-old David is anointed king over all of Israel and Judah. Following his rise to power, David ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Thomas Washington
George Thomas Washington (June 24, 1908 – August 21, 1971) was a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. Education and career Washington was born in Cuyahoga Falls, Ohio, the son of William Morrow Washington and Janet Margaret (Thomas) Washington. He was a descendant of Samuel Washington, brother of George Washington. He received a Bachelor of Philosophy degree from Yale University in 1928. He received a Bachelor of Letters in law from Oxford University in 1931 on a Rhodes Scholarship. He received a Bachelor of Laws from Yale Law School in 1932. He was in private practice of law in New York City, New York from 1932 to 1938. He was a faculty member at Cornell Law School from 1938 to 1942 and was a Professor of Law in 1942. He was an attorney for the Office of Emergency Management in 1942. He was a United States economic representative in Baghdad, Iraq from 1942 to 1943. He was Chief of the United States Lend-Lea ... [...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] |
Criminal Case
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] |
Durham Rule
A Durham rule, product test, or product defect rule is a rule in a criminal case by which a jury may determine a defendant is not guilty by reason of insanity because a criminal act was the product of a mental disease. Examples in which such rules were articulated in common law include '' State v. Pike'' (1869) and '' Durham v. United States'' (1954).''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> In ''Pike'', the court wrote, "An accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect." The ''Durham'' rule was abandoned in the case '' United States v. Brawner'', 471 F.2d 969 (1972). After the 1970s, U.S. jurisdictions have tended to not recognize this argument as it places emphasis on "mental disease or defect" and thus on testimony by psychiatrists and is argued to be somewhat ambiguous. The problem with the "product test" was that it ... [...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] |
Wolters Kluwer Law & Business
Wolters Kluwer N.V. () is a Dutch information services company. The company is headquartered in Alphen aan den Rijn, Netherlands (Global) and Philadelphia, United States (corporate). Wolters Kluwer in its current form was founded in 1987 with a merger between Kluwer Publishers and Wolters Samsom. The company serves legal, business, tax, accounting, finance, audit, risk, compliance, and healthcare markets. It operates in over 150 countries. History Early history Jan-Berend Wolters founded the Schoolbook publishing house in Groningen, Netherlands, in 1836. In 1858, the Noordhoff publishing house was founded alongside the Schoolbook publishing house. The two publishing houses merged in 1968. Wolters-Noordhoff merged with Information and Communications Union (ICU) in 1972 and took the name ICU. ICU changed its name to Wolters-Samsom in 1983. The company began serving foreign law firms and multinational companies in China in 1985. In 1987, Elsevier, the largest publishing house in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Kaplan (law Professor)
John Kaplan (1929November 25, 1989) was a legal scholar, social scientist, social justice advocate, popular law professor, and author. He was a leading authority in the field of criminal law, and was widely known for his legal analyses of some of the deepest social problems in the United States. He was known for his work linking sociological research with legal policies, and limiting academic legal theory with real-world sociological data. He was an advocate for ending criminal prohibitions on private behavior such as drug use, arguing that these laws only made any problems worse. Education and career Kaplan received a bachelor of science degree in physics from Harvard University, then worked in a Naval research lab for several years. He returned to Harvard to attend Law School, was a member of the Harvard Law Review, and graduated magna cum laude. In 1954–5, after his law degree, he served as law clerk for US Supreme Court Justice Thomas C. Clark, then studied criminology ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Weisberg
Robert I. Weisberg is an American lawyer. He is an Edwin E. Huddleson, Jr. Professor of Law at Stanford Law School, and an expert on criminal law and criminal procedure, as well as a leading scholar in the law and literature movement. Weisberg was educated at Bronx High School of Science, and received his B.A. from City College of New York in 1966. He obtained his M.A. and Ph.D. degrees in English from Harvard University in 1967 and 1971. After graduation, he taught English at Skidmore College from 1970 to 1976. Weisberg left to attend Stanford Law School, where he received a J.D. in 1979 and was the Editor-in-Chief of the '' Stanford Law Review''. He then served as a law clerk for Judge J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia Circuit, followed by Justice Potter Stewart Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 195 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
