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Insanity Defense Reform Act Of 1984
The Insanity Defense Reform Act of 1984 (IDRA) was signed into law by President Ronald Reagan on October 12, 1984, amending the United States federal laws governing defendants with mental diseases or defects to make it significantly more difficult to obtain a verdict of not guilty only by reason of insanity. Act The act removed the volitional component, that a defendant lacked capacity to conform their conduct to the law, from the ALI test.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer; John Kaplan, Robert Weisberg, Guyora Binder, /ref> Defendants were exculpated only if "at the time of the commission of the acts constituting the offense, ... as the result of a severe mental disease or defect, hey wereunable to appreciate the nature and quality or wrongfulness of heiracts." The law passed in the wake of public outrage after John Hinckley Jr.'s acquittal by reason of insanity in June 1982 for his attempted assassination of President Ronald Reagan. Prio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Laws Governing Defendants With Mental Diseases Or Defects
United States federal laws governing offenders with mental diseases or defects () provide for the evaluation and handling of defendants who are suspected of having mental diseases or defects. The laws were completely revamped by the Insanity Defense Reform Act in the wake of the John Hinckley Jr. verdict. Incompetence to stand trial A defendant can be found incompetent to stand trial if he is unable to understand the nature and consequences of the proceedings against him and to assist properly in his defense. In such a case, he is involuntarily committed until his competency is restored. The Supreme Court has ruled that the government has a legitimate interest in bringing defendants to trial and that therefore incompetent defendants can be forcibly medicated under certain circumstances. See '' Sell v. United States''. Time served while waiting to be restored to competence generally counts as "dead time," because it is not official detention but rather is (in theory) devoted to treat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Not Guilty Only By Reason Of Insanity
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 to be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Volition (psychology)
Volition or will is the cognitive process by which an individual decides on and commits to a particular course of action. It is defined as purposive striving and is one of the primary human psychological functions. Others include affect (feeling or emotion), motivation (goals and expectations), and cognition (thinking). Volitional processes can be applied consciously or they can be automatized as habits over time. Most modern conceptions of volition address it as a process of conscious action control which becomes automatized (e.g. see Heckhausen and Kuhl; Gollwitzer; Boekaerts and Corno). Overview '' Willpower'' and ''volition'' are colloquial and scientific terms (respectively) for the same process. When a person ''makes up their mind'' to do a thing, that state is termed 'immanent volition'. When we put forth any particular act of choice, that act is called an emanant, executive, or imperative volition. When an immanent or settled state of choice controls or governs a series ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ALI Test
ʿAlī ibn Abī Ṭālib ( ar, عَلِيّ بْن أَبِي طَالِب; 600 – 661 CE) was the last of four Rightly Guided Caliphs to rule Islam (r. 656 – 661) immediately after the death of Muhammad, and he was the first Shia Imam. The issue of his succession caused a major rift between Muslims and divided them into Shia and Sunni groups. Ali was assassinated in the Grand Mosque of Kufa in 661 by the forces of Mu'awiya, who went on to found the Umayyad Caliphate. The Imam Ali Shrine and the city of Najaf were built around Ali's tomb and it is visited yearly by millions of devotees. Ali was a cousin and son-in-law of Muhammad, raised by him from the age of 5, and accepted his claim of divine revelation by age 11, being among the first to do so. Ali played a pivotal role in the early years of Islam while Muhammad was in Mecca and under severe persecution. After Muhammad's relocation to Medina in 622, Ali married his daughter Fatima and, among others, fathered Ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wolters Kluwer
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 th ... [...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 in ... [...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 of the U.S. Supreme Court during the 1980 Term. In 1981, he joined the faculty at Stanford Law School, where he has won numerous teaching awards, served as special assistant to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Hinckley Jr
John Warnock Hinckley Jr. (born May 29, 1955) is an American man who attempted to assassinate U.S. President Ronald Reagan in Washington, D.C. on March 30, 1981, two months after Reagan's first inauguration. Using a .22 caliber revolver, Hinckley wounded Reagan, police officer Thomas Delahanty, and Secret Service agent Tim McCarthy. He critically wounded White House Press Secretary James Brady, who was left permanently disabled in the shooting. Hinckley was reportedly seeking fame to impress actress Jodie Foster, with whom he had an obsessive fixation. He was found not guilty by reason of insanity and remained under institutional psychiatric care for over three decades. Public outcry over the verdict led to the Insanity Defense Reform Act of 1984, which altered the rules for consideration of mental illness of defendants in Federal Criminal Court proceedings in the U.S. In 2016, a federal judge ruled that Hinckley could be released from psychiatric care as he was no longer c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attempted Assassination Of Ronald Reagan
On March 30, 1981, President of the United States Ronald Reagan was shot and wounded by John Hinckley Jr. in Washington, D.C. as he was returning to his limousine after a speaking engagement at the Washington Hilton. Hinckley believed the attack would impress actress Jodie Foster, with whom he had developed an erotomanic obsession. Reagan was seriously wounded by a pistol bullet that ricocheted off the side of the presidential limousine and hit him in the left underarm, breaking a rib, puncturing a lung, and causing serious internal bleeding. He was close to death upon arrival at George Washington University Hospital but was stabilized in the emergency room, then underwent emergency exploratory surgery. He recovered and was released from the hospital on April 11. No formal invocation of sections 3 or 4 of the Constitution's 25th amendment (concerning the vice president assuming the president's powers and duties) took place, though Secretary of State Alexander Haig stated that he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clear And Convincing Evidence
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Reporter
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, ''Federal Cases''. The fourth and current ''Federal Reporter'' series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the ''Federal Reporter'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the ''Federal Reporter'' for included decisions. Approximately 30 new volumes are published each year. Distinctions The ''Federal Reporter'' has always published de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * Southern District of Alabama * Middle District of Florida * Northern District of Florida * Southern District of Florida * Middle District of Georgia * Northern District of Georgia * Southern District of Georgia These districts were originally part of the Fifth Circuit, but were split off to form the Eleventh Circuit on October 1, 1981. For this reason, Fifth Circuit decisions from before this split are considered binding precedent in the Eleventh Circuit.Stein v. Reynolds Secs., Inc.', 667 F.2d 33 (11th Cir. 1982). The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta, Georgia. The building is named for Elbert Tuttle, who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
