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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] |
Exculpation
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. Thus, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justification And Excuse
Justification and excuse are different defenses in a criminal case.Criminal Law Cases and Materials, 7th ed. 2012, John Kaplan, Robert Weisberg, Guyoris the a Binder Both defenses admit that the defendant committed an act proscribed by law. The proscribed act has justification if the act had positive effects that outweigh its negative effects, or is not wrong or blameworthy. The proscribed act is excused if the defendant's violation was not entirely voluntary, such as if they acted under duress or under a false belief. '' Martin v. Ohio'' (1986) established that states may make justification an affirmative defense, placing the burden of proof on defendant. '' Patterson v. New York'' (1977) established that states may make excuses, such as involving mental state, an affirmative defense, rather than part of the mens rea element the prosecution must prove beyond a reasonable doubt. ''"Conduct... may be either justified... or excused... A defense of justification is the product of soci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justification (jurisprudence)
Justification is a defense in a criminal case, by which a defendant who committed the crime as defined, claims they did no wrong, because committing the crime advanced some social interest or vindicated a right of such importance that it outweighs the wrongfulness of the crime. Justification and excuse are related but different defenses (see Justification and excuse).Criminal Law Cases and Materials, 7th ed. 2012; John Kaplan, Robert Weisberg, Guyora Binder Justification is an exception to the prohibition of committing certain offenses. Justification can be a defense in a prosecution for a criminal offense. When an act is justified, a person is not criminally liable even though their act would otherwise constitute an offense. For example, to intentionally commit a homicide would be considered murder. However, it is not considered a crime if committed in self-defense. In addition to self-defense, the other justification defenses are defense of others, defense of property, and necess ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Capacity (law)
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural person (in this sense also called legal personality). Natural persons Capacity covers day-to-day decisions, including: what to wear and what to buy, as well as, life-changing decisions, such as: whether to move into a care home or whether to have major surgery. As an aspect of the social contract between a state and its citizens, the state adopts a role of protector to the weaker and more vulnerable members of society. In public policy terms, this is the policy of ''parens patriae''. Similarly, the state has a direct social and economic interest in promoting trade, so it will define the forms of business enterprise that may operate within its territory, and lay down rules that will allow both the businesses and those that wish to contract with th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mitigating Factor
In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. Unlike a legal defense, the presentation of mitigating factors will not result in the acquittal of a defendant. The opposite of a mitigating factor is an aggravating factor. Examples The Sentencing Council of England and Wales lists the following as possible mitigating factors: *Admitting the offense, such as through a guilty plea *Mental illness *Provocation *Young age *Showing remorse Self-defense is a legal defense rather than a mitigating factor, as an act done in justified self-defense is not deemed to be a crime. If the offender was provoked but cannot be considered to have acted in self-defense, then the provocation can be used as a mitigating factor but not as a legal defense. By legal system England and Wales According to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from batte ... [...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". Culpability therefore marks the dividing line between moral evil, like murder, for which someone may be held legally responsible, and a randomly occurring event, like naturally occurring earthquakes or naturally arriving meteorites, for which no human can be held responsible. Etymology Culpability descends from the Latin concept of fault ('' 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 ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justifiable Homicide
The concept of justifiable homicide in criminal law is a defense to culpable homicide (criminal or negligent homicide). Generally, there is a burden of production of exculpatory evidence in the legal defense of justification. In most countries, a homicide is justified when there is sufficient evidence to disprove (under the "beyond a reasonable doubt" standard for criminal charges, and "preponderance of evidence" standard for claims of wrongdoing, i.e. civil liability) the alleged criminal act or wrongdoing. The key to this legal defense is that it was reasonable for the subject to believe that there was an imminent and otherwise unavoidable danger of death or grave bodily harm to the innocent by the deceased when they committed the homicide. A homicide in this instance is blameless. Common excusing conditions Potentially excusing conditions common to multiple jurisdictions include the following. #Capital punishment in places that it is legal. #Where a state is engaged in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an executive or administrative body under the authority of a legislative act. Overview Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage. Most large legislatures enact only a small fraction of the bills proposed in a given session. Whether a given bill will be proposed is generally a matter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theory of neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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