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Forcible Felony
A forcible felony, in the criminal law of various US states, is a felony that is subject to special penalties because it involves the use or threat of physical force. Forcible felonies are defined by statute. Typical examples of forcible felonies include murder, arson, rape, kidnapping, and armed robbery. Police pursuits Some states have adopted a "forcible felony rule", under which police are only authorized to use deadly force to apprehend people suspected of forcible felonies. Prior to the Supreme Court's 1985 decision in '' Tennessee v. Garner'', this was a minority position, and many states authorized deadly force to apprehend any fleeing felon. Many jurisdictions came to adopt the forcible felony rule for vehicular pursuits as well. Self-defense Many states authorize the use of lethal force to prevent the commission of a forcible felony against oneself or others. These include Florida, Illinois, Oklahoma and Utah. Florida Florida defines forcible felonies ...
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Criminal Law Of The United States
Responsibility for criminal law and criminal justice in the United States is shared between the states and the federal government. Parties to a crime The parties or participants in a crime include the principal and accessory. A principal is a person directly involved in a crime. There are two types of principals: * Principal in the first degree, the person that commits the crime. * Principal in the second degree (accomplice), someone that aids, counsels, assists or encourages the first degree principal. Presence is required for a party to be considered 2nd degree, with constructive presence being sufficient. Both principals are punished equally and are equally liable for the crime the other commits. An accessory is a person who helps commit the crime without being present. Accessories are generally punished less severely than the principal. There are two types of accessory: * An accessory before the fact is a person who encourages or helps another commit a crime. Statues grou ...
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Residential Burglary
A residential area is a land used in which housing predominates, as opposed to industrial and commercial areas. Housing may vary significantly between, and through, residential areas. These include single-family housing, multi-family residential, or mobile homes. Zoning for residential use may permit some services or work opportunities or may totally exclude business and industry. It may permit high density land use or only permit low density uses. Residential zoning usually includes a smaller FAR (floor area ratio) than business, commercial or industrial/manufacturing zoning. The area may be large or small. Overview In certain residential areas, especially rural, large tracts of land may have no services whatever, such that residents seeking services must use a motor vehicle or other transportation, so the need for transportation has resulted in land development following existing or planned transport infrastructure such as rail and road. Development patterns may be regu ...
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Post-conviction Relief
In law, post conviction refers to the legal process which takes place after a trial results in conviction of the defendant. After conviction, a court will proceed with sentencing the guilty party. In the American criminal justice system, once a defendant has received a guilty verdict, he or she can then challenge a conviction or sentence. This takes place through different legal actions, known as filing an appeal or a federal habeas corpus proceeding. The goal of these proceedings is exoneration, or proving a convicted person innocent. If lacking representation, the defendant may consult or hire an attorney to exercise his or her legal rights. The post-conviction process is in place to protect innocent individuals from inherent human error in the criminal justice system. One study cites 10,000 innocent people are convicted each year in the United States. Criminal appeals The appeals process is the request for a formal change of a decision made by a court of law. The litigant w ...
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Criminal Sentencing
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mit ...
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Postpartum Psychosis
Postpartum psychosis, also known as puerperal psychosis, involves the abrupt onset of severe mental illness shortly following childbirth. While symptoms of postpartum psychosis have long been observed in mothers, the phenomenon eventually came to be understood as comprising a group of at least twenty distinct disorders.Brockington I F (2017). ''The Psychoses of Menstruation and Childbearing''. Cambridge, Cambridge University Press. This is called 'Cambridge 2017' in the references. Psychosis is a condition marked by symptoms such as mania, stupor or catatonia, perplexity, confusion, disorders of the will and self, delusions and/or hallucinations. Psychiatric disorders that lack these symptoms, such as non-psychotic depression, are not included in the group of disorders that comprise postpartum psychosis. Of that group, the most common in high-income nations is postpartum bipolar disorder. Postpartum bipolar disorder Signs and symptoms Almost every symptom known to psychiatry ...
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Postpartum Depression
Postpartum depression (PPD), also called postnatal depression, is a type of mood disorder associated with childbirth, which can affect both sexes. Symptoms may include extreme sadness, low energy, anxiety, crying episodes, irritability, and changes in sleeping or eating patterns. Onset is typically between one week and one month following childbirth. PPD can also negatively affect the newborn child. While the exact cause of PPD is unclear, the cause is believed to be a combination of physical, emotional, genetic, and social factors. These may include factors such as hormonal changes and sleep deprivation. Risk factors include prior episodes of postpartum depression, bipolar disorder, a family history of depression, psychological stress, complications of childbirth, lack of support, or a drug use disorder. Diagnosis is based on a person's symptoms. While most women experience a brief period of worry or unhappiness after delivery, postpartum depression should be suspected when sy ...
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SAFE-T Act
The Safety, Accountability, Fairness and Equity-Today Act, commonly known as the SAFE-T Act, is a state of Illinois statute enacted in 2021 that makes a number of reforms to the criminal justice system, affecting policing, pretrial detention and bail, sentencing, and corrections. The Act's section on pretrial detention, which took effect in full on September 18, 2023, is also known as the Pretrial Fairness Act. Background Following the widespread George Floyd protests in the summer of 2020, the Illinois Legislative Black Caucus proposed an extensive legislative package that included criminal justice reforms alongside reforms in education, health care and human services, and economic policy. The Black Caucus decided to pursue their proposed criminal justice reforms as an omnibus bill, which they introduced and advanced when the legislature convened in January 2021. The proposed omnibus criminal justice reform bill incorporated a number of proposed reforms in police training, ru ...
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First-degree Murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a per ...
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Felony Murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. The concept of felony murder originates in the rule of transferred intent, which is older than the limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime regardless of intent. History While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified by its supporters as a means of deterring dangerous fel ...
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10-20-Life
The Florida Statute 775.087, known as the 10-20-Life law, is a mandatory minimum sentencing law in the U.S. state of Florida. The law concerns the use of a firearm during the commission of a forcible felony. The Florida Statute's name comes from a set of three basic minimum sentences it provides for. An ongoing public service announcement campaign has accompanied the law since its passage under the slogan "Use a gun, and you're done." Background As of 1998, the year before the law went into effect, guns were used in 31,643 violent felonies in Florida. At that time, the mandatory sentence for using a gun in a violent felony was three years in prison. That same year, Jeb Bush, then a candidate for governor in the 1998 gubernatorial election, proposed the 10-20-Life law and advocated it as a core element of his campaign platform. Following his successful election and assumption of office in January 1999, the Florida Legislature passed the governor's proposal. The law went into effe ...
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Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offences and less serious crimes as summary offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by e ...
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Burglary
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to ''burgle'', a term back-formed from the word ''burglar'', or to ''burglarize''. Etymology Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of ''Institutes of the Lawes of England'' (pub. 1644), that the word ''Burglar'' ("''or the person that committeth burglary''"), is derived from the words ''burgh'' and ''laron'', meaning ''house-thieves''. A note indicates he relies on the ''Brooke's case'' for this definition. According to one textbook, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps paraphrasing Sir Edward Coke:) "The word ''burglar'' comes from the two Ge ...
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