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Aggravating Factor
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself". Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt. In the UK, the Criminal Justice Act 2003 requires a court to consider (a) relevant previous convictions, (b) racial or religious aggravation, and (c) hostility towards the victim or to persons generally based on sexual orientation (or presumed sexual orientation) or disability (or presumed disability) when determining sentence for a conviction. The antonym of aggravation is mitigation. In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Campbell Black
Henry Campbell Black (October 17, 1860 – March 19, 1927) was the founder of ''Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by Wes ...'', the definitive legal dictionary first published in 1891. Born in Ossining, New York, went to school at Trinity College in Connecticut, receiving a bachelor’s degree in 1880, a master’s degree in 1887, and a Doctor of Laws (LLD) degree in 1916. He was also the editor of ''The Constitutional Review'' from 1917 until his death in 1927. Books * * **1910 edition free e-book Sources * ''Who Was Who in America. A component volume of Who's Who in American History,'' Volume 1, 1897-1942 (Chicago: A.N. Marquis Co., 1943), page 100 External links * American book publishers (people) People from Ossining, New York 1860 birth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice Act 2003
The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020.Sentencing Act 2020 s. 413 & sch. 28 It amends the law relating to powers, bail, disclosure, allocation of |
Hate Crime
Hate crime (also known as bias crime) in criminal law involves a standard offence (such as an assault, murder) with an added element of bias against a victim (individual or group of individuals) because of their physical appearance or perceived membership of a certain social group. Examples of such groups can include, and are almost exclusively limited to race, ethnicity, disability, language, nationality, physical appearance, political views, political affiliation, age, religion, sex, gender identity, or sexual orientation. "A hate crime or bias motivated crime occurs when the perpetrator of the crime intentionally selects the victim because of their membership in a certain group."Streissguth, Tom (2003). ''Hate Crimes'' (Library in a Book), p. 3. . Hate crime should be distiguished from hate violence, or hate incidents, which might not necessarily be criminalised Incidents may involve physical assault, homicide, damage to property, bullying, harassment, verbal abuse (which i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Excommunication
Excommunication is an institutional act of religious censure used to deprive, suspend, or limit membership in a religious community or to restrict certain rights within it, in particular those of being in Koinonia, communion with other members of the congregation, and of receiving the sacraments. It is practiced by all of the ancient churches (such as the Catholic Church, Oriental Orthodoxy, Oriental Orthodox churches and the Eastern Orthodoxy, Eastern Orthodox churches) as well as by other Christian denominations; however, it is also used more generally to refer to similar types of institutional religious exclusionary practices and shunning among other religious groups. The Amish have also been known to excommunicate members that were either seen or known for breaking rules, or questioning the church, a practice known as shunning. Jehovah's Witnesses use the term disfellowship to refer to their form of excommunication. The word ''excommunication'' means putting a specific indiv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Censure (Catholic Canon Law)
A censure, in the canon law of the Catholic Church, is a medicinal and spiritual punishment imposed by the Church on a baptized, delinquent, and Contumacy, contumacious Person (Catholic canon law), individual. This punishment deprives the person, either wholly or partially, of certain spiritual goods until they resolve their contumacy. These spiritual goods may include access to the sacraments, participation in specific Liturgy, liturgical activities, and involvement in Ecclesiology, ecclesiastical functions. Censures in the Catholic Church have their roots in ancient ecclesiastical practices and have evolved over centuries. They originated from the early Church's efforts to maintain order and discipline among its members. Throughout history, censures have been used to uphold the Church's teachings and values, promote repentance, and encourage spiritual growth. History and development The term "censure" and its general concept trace back to the Roman Republic. In 311 A.U.C., th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. Canon law includes the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox Church, Eastern Orthodox and Oriental Orthodoxy, Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislative power, legislated, interpreted and at times court, adjudicated varies widely among these four bodies of churches. In all three traditions, a canon (canon law), canon was originally a rule adopted by a church council; these canons formed the foundation of canon law. Etymology Greek language, Greek / , Arabic language, Arabic / , Hebrew language, Hebrew / , 'straigh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disability
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, developmental, Intellectual disability, intellectual, mental disorder#Disability, mental, physical disability, physical, Sense, sensory, or a combination of multiple factors. Disabilities can be Birth defect, present from birth or can be acquired during a person's lifetime. Historically, disabilities have only been recognized based on a narrow set of criteria—however, disabilities are not binary and can be present in unique characteristics depending on the individual. A disability may be readily visible, or Invisible disability, invisible in nature. The United Nations Convention on the Rights of Persons with Disabilities defines disability as including: Disabilities have been perceived differently throughout history, through a variety of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Orientation
Sexual orientation is an enduring personal pattern of romantic attraction or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. Patterns are generally categorized under heterosexuality, homosexuality, and bisexuality, while asexuality (experiencing no sexual attraction to others) is sometimes identified as the fourth category. These categories are aspects of the more nuanced nature of sexual identity and terminology. For example, people may use other labels, such as '' pansexual'' or '' polysexual'', or none at all. According to the American Psychological Association, sexual orientation "also refers to a person's sense of identity based on those attractions, related behaviors, and membership in a community of others who share those attractions". ''Androphilia'' and ''gynephilia'' are terms used in behavioral science to describe sexual orientation as an alternative to a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mitigating Factor
In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. Unlike a legal defense, the presentation of mitigating factors will not result in the acquittal of a defendant. The opposite of a mitigating factor is an aggravating factor. Examples The Sentencing Council of England and Wales lists the following as possible mitigating factors: *Admitting the offense, such as through a guilty plea *Mental illness * Provocation *Young age *Showing remorse Self-defense is a legal defense rather than a mitigating factor, as an act done in justified self-defense is not deemed to be a crime. If the offender was provoked but cannot be considered to have acted in self-defense, then the provocation can be used as a mitigating factor but not as a legal defense. By legal system England and Wales Accordi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West Publishing, with the full title ''A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems''. A second edition was published in 1910 as ''A Law Dictionary''. Black died in 1927 and future editions were titled ''Black's Law Dictionary''. The sixth and earlier editions of the book additionally provided case citations for the term cited, which was viewed by lawyers as its most useful feature, providing a useful starting point with leading cases. The development of the Internet made lega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attendant Circumstance
In law, attendant circumstances (sometimes external circumstances) are the facts surrounding an event. In criminal law in the United States, the definition of a given offense generally includes up to three kinds of "elements": the , or guilty conduct; the , or guilty mental state; and the attendant (sometimes "external") circumstances. The reason is given in '' Powell v. Texas'', 392 U.S. 514, 533 (1968): ...criminal penalties may be inflicted only if the accused has committed some act, has engaged in some behavior, which society has an interest in preventing. The burden of proof is on the prosecution to prove each "element of the offense" in order for a defendant to be found guilty. The Model Penal Code §1.13(9) offers the following definition of the phrase "elements of an offense": (i) such conduct or (ii) such attendant circumstances or (iii) such a result of conduct as ::(a) is included in the description of the forbidden conduct in the definition of the offense; or ::(b) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deadly Weapon
A deadly weapon, sometimes dangerous weapon (although some jurisdictions differentiate between the two) or lethal weapon, is an item that can inflict mortal or great bodily harm. By statutory definition, certain items, especially firearms, are designated "deadly weapons '' per se''", meaning they are regarded as deadly weapons no matter how they are used, from the Latin for "by itself". In addition, deadly weapons statutes often contain provisions covering other implements intended to be used to inflict harm. The use or possession of a deadly weapon during the commission of a crime often constitutes a penalty enhancer. The deadly weapon penalty enhancer is premised on a belief that commission of the particular crime is inherently more dangerous. In some jurisdictions, a distinction is made between deadly weapons and destructive devices, such as explosives, incendiary or poison gas, bombs, grenades, landmines, rockets, missiles, or similar devices, including the unassemb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
