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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. ... [...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] |
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 n ... [...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] |
Duress
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. In common law systems, the act of violating a law while under coercion is codified as a duress crime. Coercion can be used as leverage to force the victim to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors dist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Martin V
Pope Martin V ( la, Martinus V; it, Martino V; January/February 1369 – 20 February 1431), born Otto (or Oddone) Colonna, was the head of the Catholic Church and ruler of the Papal States from 11 November 1417 to his death in February 1431. His election effectively ended the Western Schism of 1378–1417. He is the last pope to date to take on the pontifical name "Martin". Biography Oddone Colonna was born at Genazzano, the son of Agapito Colonna and Caterina Conti, between 26 January and 20 February, 1369. He belonged to one of the oldest and most distinguished families of Rome. His brother Giordano became Prince of Salerno and Duke of Venosa, while his sister Paola was Lady of Piombino between 1441 and 1445. Oddone studied law at the University of Pavia. He became apostolic protonotary under Pope Urban VI (1378–1389), and was created Cardinal-Deacon of San Giorgio in Velabro by Pope Innocent VII in 1405. In 1409 he took part in the Council of Pisa, and was one of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patterson V
Patterson may refer to: People * Patterson (surname) Places ;Canada *Pattersons Corners, Ontario *Patterson Township, Ontario *Patterson, Calgary a neighbourhood in Calgary, Alberta. ;United States of America * Patterson, Arkansas *Patterson, California *Patterson, California, former name of Trigo, Madera County, California *Patterson, California, former name of Cherokee, Nevada County, California * Patterson, Georgia * Patterson, Idaho * Patterson, Iowa *Patterson, Louisiana * Patterson, Missouri * Patterson, New Mexico *Patterson, New York * Patterson, Ohio *Lake Patterson, a lake in Minnesota *Patterson Springs, North Carolina * Patterson Heights, Pennsylvania * Patterson Tract, California Other uses * ''Bob Patterson'' (TV series), American sitcom * C.R. Patterson and Sons, American car manufacturer from 1915 until 1939. * ''Patterson'' (radio series), British radio series by Malcolm Bradbury * Patterson Companies, a medical supplies conglomerate based in Minnesota * Patter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victim to an unintended victim, the ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State V
State may refer to: Arts, entertainment, and media Literature * '' State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future government in three novels by Larry Niven Music Groups and labels * States Records, an American record label * The State (band), Australian band previously known as the Cutters Albums * ''State'' (album), a 2013 album by Todd Rundgren * ''States'' (album), a 2013 album by the Paper Kites * ''States'', a 1991 album by Klinik * ''The State'' (album), a 1999 album by Nickelback Television * ''The State'' (American TV series), 1993 * ''The State'' (British TV series), 2017 Other * The State (comedy troupe), an American comedy troupe Law and politics * State (polity), a centralized political organi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of North Dakota
The North Dakota Supreme Court is the highest court of law in the state of North Dakota. The Court rules on questions of law in appeals from the state's district courts. Each of the five justices are elected on a no-party ballot for ten year terms, arranged such that one seat is contested every two years. The Chief Justice is elected from the Justices every five years (or upon vacancy) by vote of the Supreme Court justices and the District Court judges. The Supreme Court is empowered to constitute a Court of Appeals consisting of a three-member panel chosen from active and retired District Court judges, retired Supreme Court justices, and lawyers. The Court of Appeals only hears cases specifically assigned to it by the Supreme Court, which is done only infrequently. Under Article 6, Section 4 of the North Dakota Constitution, The North Dakota Supreme Court "shall not declare a legislative enactment unconstitutional unless at least four of the members of the court so decide." ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Utilitarian
In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for all affected individuals. Although different varieties of utilitarianism admit different characterizations, the basic idea behind all of them is, in some sense, to maximize utility, which is often defined in terms of well-being or related concepts. For instance, Jeremy Bentham, the founder of utilitarianism, described ''utility'' as: That property in any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness ... rto prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is considered. Utilitarianism is a version of consequentialism, which states that the consequences of any action are the only standard of right and wrong. Unlike other forms of consequentialism, such as egoism and altruism, utilitarianism considers the interests of all sentient beings equally. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
