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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 (law professor), 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 d ... [...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 was established in 1876. It consists of a Chief Justice and six Associate Justices who are appointed by the Governor of Colorado from a list of candidates approved by a state judicial commission. Each justice faces a retention election two years after his or her appointment and every ten years thereafter, with mandatory retirement at age 72. Powers and duties Appellate jurisdiction Discretionary appeals The Court principally handles certiorari petitions, which request the Court to conduct an additional review of the case. These petitions follow a primary review that is conducted by either the Colorado Court of Appeals or the Colorado District Court. The Colorado Supreme Court is not required to hear these cases. Only a small fraction of certiorari petitions is granted by the Colorado Supreme Court. From petitions filed in 2015 and 2016, only 6% of all cases were g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Kaplan (law Professor)
John Kaplan (1929November 25, 1989) was an American 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 1954–55, after his law degree, he served as law clerk for US Supreme Court Justice Thomas C. Clark, then studied cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colorado State Case Law
Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas to the east, and Oklahoma to the southeast. Colorado is noted for its landscape of mountains, forests, High Plains (United States), high plains, mesas, canyons, plateaus, rivers, and desert lands. 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-largest U.S. state by area and the List of U.S. states and territories by population, 21st by population. The United States Census Bureau estimated the population of Colorado to be 5,957,493 as of July 1, 2024, a 3.2% increase from the 2020 United States census. The region has been inhabited by Native Americans in the United St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1992 In United States Case Law
Year 199 ( CXCIX) was a common year starting on Monday 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 15th pope. Births Valerian Roman ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delusional System
A delusion is a 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 categorization of intentions, decisions and actions into those that are ''proper'', or ''right'', and those that are ''improper'', or ''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 is understood to be universal. Morality may also be specifically synonymous with "goodness", "appropriateness" 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 defin ... [...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 acts asserts that because what they did meets certain legal standards, they are not criminally culpable for the acts which would otherwise be criminal. 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 Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forensic Psychiatrist
Forensic psychiatry is a subspecialty 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 was established in 1876. It consists of a Chief Justice and six Associate Justices who are appointed by the Governor of Colorado from a list of candidates approved by a state judicial commission. Each justice faces a retention election two years after his or her appointment and every ten years thereafter, with mandatory retirement at age 72. Powers and duties Appellate jurisdiction Discretionary appeals The Court principally handles certiorari petitions, which request the Court to conduct an additional review of the case. These petitions follow a primary review that is conducted by either the Colorado Court of Appeals or the Colorado District Court. The Colorado Supreme Court is not required to hear these cases. Only a small fraction of certiorari petitions is granted by the Colorado Supreme Court. From petitions filed in 2015 and 2016, only 6% of all cases were g ... [...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 their God ordered them to do it.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> This would make the perpetrator legally insane 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 a psychiatric disease at the time of the criminal act ... 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 In law, a reasonable person or reasonable man is a hypothetical person whose character and care conduct, under any ''common set of facts,'' is decided through reasoning of good practice or policy. It is a legal fiction crafted by the courts an ..., without considering the particular physical and psychological characteristics of the defendant. A subjective standard of reasonableness asks whether the circumstances would produce an hone ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
