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United States Federal Laws Governing Offenders 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 treatm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insanity Defense Reform Act
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. Prior to t ... [...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] |
Incompetent To Stand Trial
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sell V
Sell can refer to: People * Brenda Sell (born 1955), American martial arts instructor and highest ranking non-Korean female practitioner of taekwondo * Brian Sell (born 1978), American retired long-distance runner * Edward Sell (priest) (1839–1932), Anglican orientalist, writer and missionary in India * Edward B. Sell (1942-2014), founder of the United States Chung Do Kwan Association * Epp Sell (1897–1961), American Major League Baseball pitcher * Friedrich L. Sell (born 1954), German economist * Helmuth (1898–1956) and Annemarie (1896–1972) Sell, German couple who saved a Jewish youth from the Holocaust * John Sell (Democrat) (1816–1883), American Democratic politician * John M. Sell (1863–1930), American Socialist politician * Karl Sell (1907–1982), German orthopedic surgeon and founder of the discipline of manual medicine or chirotherapy * Mary Elizabeth Sell, New York City Ballet dancer * Michael Sell (born 1972), American tennis coach and former player * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dead Time (imprisonment)
In United States legal terminology Dead time is time spent institutionalized by a defendant that does not count as credit toward the defendant's sentence. An example would be time spent confined in a mental hospital while the defendant is being restored to competency to stand trial. Halfway house time pending sentencing can also sometimes be dead time. In the United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ..., federal law provides that a defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences (1) as a result of the offense for which the sentence was imposed; or (2) as a result of any other charge for which the defendant was arrested after the commission of the o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rule Of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federal Rules of Civil Procedure. The admissibility and use of evidence in criminal proceedings (as well as civil) is governed by the separate Federal Rules of Evidence. Drafting and enactment The rules are promulgated by the Supreme Court of the United States, pursuant to its statutory authority under the Rules Enabling Act. The Supreme Court must transmit a copy of its rules to the United States Congress no later than May 1 of the year in which they are to go into effect, and the new rule can then become effective no earlier than December 1 of that year. Congress retains the power to reject the Court's proposed rules or amendments, to modify them, or to enact rules or amendments itself. Congress has rarely rejected the Court's proposed am ... [...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] |
Risk Panel
A risk panel is a group of people that determines risk. In the field of mental health, a risk panel determines whether a person's mental illness causes them to be too much of a risk to society to be released from involuntary commitment. In the United States, the members of such a risk panel may consist of medical officers appointed by the warden or superintendent of an institution, the U.S. Attorney General, and the United States Public Health Service. The Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a List of United States federal agencies, federal agency of the United States Department of Health and Human Services, Department of Health and Human Services. The FDA is respon ... also has a risk panel. The purpose of this 15-member advisory panel is to educate consumers about the risks and benefits of drugs, devices and vaccines.http://findarticles.com/p/articles/mi_qa5351/is_200203/ai_n21310836/ References {{Reflist Menta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bureau Of Prisons
The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency under the Department of Justice that is responsible for the care, custody, and control of incarcerated individuals who have committed federal crimes; that is, violations of the United States Code. History The federal prison system had existed for more than 30 years before the BOP was established. Although its wardens functioned almost autonomously, the Superintendent of Prisons, a Department of Justice official in Washington, was nominally in charge of federal prisons. The passage of the "Three Prisons Act" in 1891 authorized the first three federal penitentiaries: USP Leavenworth, USP Atlanta, and USP McNeil Island with limited supervision by the Department of Justice. Until 1907, prison matters were handled by the Justice Department General Agent, with responsibility for Justice Department accounts, oversight of internal operations, and certain criminal investigations, as well as pris ... [...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] |
Adam Walsh Child Protection And Safety Act
The Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27, 2006. The Walsh Act organizes sex offenders into three tiers according to the crime committed, and mandates that Tier 3 offenders (the most serious tier) update their whereabouts every three months with lifetime registration requirements. Tier 2 offenders must update their whereabouts every six months with 25 years of registration, and Tier 1 offenders must update their whereabouts every year with 15 years of registration. Failure to register and update information is a felony under the law. States are required to publicly disclose information of Tier 2 and Tier 3 offenders, at minimum. It also contains civil commitment provisions for sexually dangerous people. The Act also organizes all state and territory sex offender registries into one searchable national database and instructs each state and territory to apply identical criteria for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Necessary And Proper Clause
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause grants implied powers to US Congress in addition to its enumerated powers. Background According to the Articles of Confederation, "each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation ''expressly'' delegated" (emphasis added). Thus, the Continental Congress had no powers incidental to those "expressly delegated" by the Articles of Confederation.Vile, John. The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding', Volume 1, p. 591 (ABC-CLIO 2005). By contrast, the Necessary and Proper Clause expressly confers incidental powers upon Congress, which no other clause in the Constitution does so by itself. The draft clause p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
