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People V. Serravo
''People v. Serravo'', Supreme Court of Colorado, 823 P2d 128 (1992), is a criminal case involving the meaning of "wrong" in the expression " incapable of distinguishing right from wrong", as it appears in the M'Naghten rule for the insanity defense.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> The question before the court was whether "incapable of distinguishing right from wrong" refers to distinguishing between moral right and moral wrong, vs. being able to distinguish what is legal from what is not legal. The court concluded: :''"that the term 'wrong' in the statutory definition of insanity refers to moral wrong."'' The court also found that the standard of moral wrongness was an objective standard, not a subjective standard. The court wrote ''"the phrase 'incapable of distinguishing right from wrong' refers to a person's cognitive ability, due to a mental disease or defect, to dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Colorado
The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices. Powers and duties Appellate jurisdiction Discretionary appeals The Court principally handles certiorari petitions. Certiorari petitions ask the Supreme Court to grant an additional review of a case. The primary review ppeal of rightwas either done by: * Colorado Court of Appeals in appeals from courts of general jurisdiction istrict Courts or * Courts of general jurisdiction istrict Courtsin appeals from courts of limited jurisdiction ounty or Municipal Courts Only a small fraction of certiorari petitions are granted by the Colorado Supreme Court. From petitions filed in 2015 and 2016, only 6% of all cases were granted an additional review. It takes three of the seven justices to vote in favor of a certiorari petition for it to be granted. Appeals of right In addition, the Colorado Supreme Court has jur ... [...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] |
Colorado State Case Law
Colorado (, other variants) is a state in the Mountain states, Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains. Colorado is the List of U.S. states and territories by area, eighth most extensive and List of U.S. states and territories by population, 21st most populous U.S. state. The 2020 United States Census, 2020 United States census enumerated the population of Colorado at 5,773,714, an increase of 14.80% since the 2010 United States Census, 2010 United States census. The region has been inhabited by Indigenous peoples of the Americas, Native Americans and their Paleo-Indians, ancestors for at least 13,500 years and possibly much longer. The eastern edge of the Rocky Mountains was a major migration route for early peoples who spread throughout the Americas. "''Colorado''" is the Spanish adjective meaning "ruddy", th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1992 In United States Case Law
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 ''Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delusional System
A delusion is a false fixed belief that is not amenable to change in light of conflicting evidence. As a pathology, it is distinct from a belief based on false or incomplete information, confabulation, dogma, illusion, hallucination, or some other misleading effects of perception, as individuals with those beliefs ''are'' able to change or readjust their beliefs upon reviewing the evidence. However: "The distinction between a delusion and a strongly held idea is sometimes difficult to make and depends in part on the degree of conviction with which the belief is held despite clear or reasonable contradictory evidence regarding its veracity." Delusions have been found to occur in the context of many pathological states (both general physical and mental) and are of particular diagnostic importance in psychotic disorders including schizophrenia, paraphrenia, manic episodes of bipolar disorder, and psychotic depression. Types Delusions are categorized into four different groups: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morally Wrong
Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of conduct from a particular philosophy, religion or culture, or it can derive from a standard that a person believes should be universal. Morality may also be specifically synonymous with "goodness" or "rightness". Moral philosophy includes meta-ethics, which studies abstract issues such as moral ontology and moral epistemology, and normative ethics, which studies more concrete systems of moral decision-making such as deontological ethics and consequentialism. An example of normative ethical philosophy is the Golden Rule, which states: "One should treat others as one would like others to treat oneself." Immorality is the active opposition to morality (i.e. opposition to that which is good or right), while amorality is variously defined as an un ... [...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 neces ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forensic Psychiatrist
Forensic psychiatry is a subspeciality of psychiatry and is related to criminology. It encompasses the interface between law and psychiatry. According to the American Academy of Psychiatry and the Law, it is defined as "a subspecialty of psychiatry in which scientific and clinical expertise is applied in legal contexts involving civil, criminal, correctional, regulatory, or legislative matters, and in specialized clinical consultations in areas such as risk assessment or employment." A forensic psychiatrist provides services – such as determination of competency to stand trial – to a court of law to facilitate the adjudicative process and provide treatment, such as medications and psychotherapy, to criminals. Court work Forensic psychiatrists work with courts in evaluating an individual's competency to stand trial, defenses based on mental disorders (e.g., the insanity defense), and sentencing recommendations. The two major areas of criminal evaluations in forensic psychiatry ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colorado Supreme Court
The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices. Powers and duties Appellate jurisdiction Discretionary appeals The Court principally handles certiorari petitions. Certiorari petitions ask the Supreme Court to grant an additional review of a case. The primary review ppeal of rightwas either done by: * Colorado Court of Appeals in appeals from courts of general jurisdiction istrict Courts or * Courts of general jurisdiction istrict Courtsin appeals from courts of limited jurisdiction ounty or Municipal Courts Only a small fraction of certiorari petitions are granted by the Colorado Supreme Court. From petitions filed in 2015 and 2016, only 6% of all cases were granted an additional review. It takes three of the seven justices to vote in favor of a certiorari petition for it to be granted. Appeals of right In addition, the Colorado Supreme Court has jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deific Decree
The deific decree delusion is a defense in a criminal case in which a person committed a crime in the belief that God ordered them to do it.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, 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 wa ..., Guyora Binder, /ref> This would make the perpetrator legally insane as they would be incapable of distinguishing right from wrong. References Criminal defenses Criminal law Hallucinations Legal ethics {{law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subjective Standard
In law, subjective standard and objective standards are legal standards for knowledge or beliefs of a plaintiff or defendant.Quimbe Legal Definitions, ''"Subjective standard of reasonableness"'', Definition - A standard that assesses the reasonableness of a defendant’s actions based on what the defendant perceived."/ref> State v. Leidholm, Supreme Court of North Dakota, 334 N.W.2d 811 (1983) An objective standard of reasonableness ascertains the knowledge of a person by viewing a situation from the standpoint of a hypothetical reasonable person, without considering the particular physical and psychological characteristics of the defendant. A subjective standard of reasonableness asks whether the circumstances would produce an honest and reasonable belief in a person having the particular mental and physical characteristics of the defendant, such as their personal knowledge and personal history, when the same circumstances might not produce the same in a general reasonable person. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Objective Standard
In law, subjective standard and objective standards are legal standards for knowledge or beliefs of a plaintiff or defendant.Quimbe Legal Definitions, ''"Subjective standard of reasonableness"'', Definition - A standard that assesses the reasonableness of a defendant’s actions based on what the defendant perceived."/ref>State v. Leidholm, Supreme Court of North Dakota, 334 N.W.2d 811 (1983) An objective standard of reasonableness ascertains the knowledge of a person by viewing a situation from the standpoint of a hypothetical reasonable person, without considering the particular physical and psychological characteristics of the defendant. A subjective standard of reasonableness asks whether the circumstances would produce an honest and reasonable belief in a person having the particular mental and physical characteristics of the defendant, such as their personal knowledge and personal history, when the same circumstances might not produce the same in a general reasonable person. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
