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Criminal Negligence
In criminal law, criminal negligence is an offence that involves a breach of an objective standard of behaviour expected of a defendant. It may be contrasted with strictly liable offences, which do not consider states of mind in determining criminal liability, or offenses that requires mens rea, a mental state of guilt. Concept To constitute a crime, there must be an ''actus reus'' (Latin for "guilty act") accompanied by the ''mens rea'' (see concurrence). Negligence shows the least level of culpability, intention being the most serious, and recklessness being of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences. Recklessness is usually described as a "malfeasance" where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a "misfeasance" or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imputation (law)
In law, the principle of imputation or attribution underpins the concept that — ignorance of the law does not excuse. All laws are published and available for study in all developed states. The said imputation might also be termed "fair notice". The content of the law is imputed to all persons who are within the jurisdiction, no matter how transiently. This fiction tries to negate the unfairness of someone avoiding liability for an act or omission by simply denying knowledge of the law. The principle also arises in specific areas of law, such as criminal law and commercial law, to describe the need for the law to hold a person liable, even when they may not have known the particular circumstances that caused another person to sustain loss or damage. Criminal law Corporate liability To incur liability for a crime, a person must have both committed a prohibited act (the ''actus reus'', which must be willed: see automatism) and have had an appropriate mental element (the '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homicide
Homicide is an act in which a person causes the death of another person. A homicide requires only a Volition (psychology), volitional act, or an omission, that causes the death of another, and thus a homicide may result from Accident, accidental, Reckless homicide, reckless, or Negligent homicide, negligent acts even if there is no Intent (law), intent to cause harm. It is separate from suicide. Homicides can be divided into many overlapping legal categories, such as murder, manslaughter, justifiable homicide, assassination, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human Society, societies; some are considered crimes, while others are permitted or even Court order, ordered by the Law, legal system. Criminality Criminal homicide takes many forms, including accidental killing and murder. Criminal ho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction (law)
In law, a conviction is the determination by a court of law that a defendant is guilty of a crime. A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a trial by judge in which the defendant is found guilty. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and is used in countries including England, Wales, Canada, Australia, and New Zealand. In any criminal justice system, innocent people are sometimes convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. In some judicial systems, the prosecution ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentence (law)
In criminal 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 sai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Excuse
In American jurisprudence, an excuse is a defense to criminal charges that is a distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse).Criminal Law Cases and Materials, 7th ed. 2012; John Kaplan, Robert Weisberg, Guyora Binder Exculpation is a related concept which reduces or extinguishes a person's culpability, such as their liability to pay compensation to the victim of a tort in the civil law. The excuse provides a mitigating factor for a group of persons sharing a common characteristic. Justification, as in justifiable homicide, vindicates or shows the justice. Thus, society approves of the purpose or motives underpinning some actions or the consequences flowing from them (see Robinson), and distinguishes those where the behavior cannot be approved but some excuse may be found in the characteristics of the defendant, e.g. that the accused was a serving police officer or suffering from a mental ill ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insanity Defense
The insanity defense, also known as the mental disorder defense, is an affirmative Defense (legal), defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a mental illness, psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation (legal), 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 (law professor), John Kaplan, Robert Weisberg, Guyora Binder, , It is also contrasted with the Justification (jurisprudence), justification of Self-defense, self defense or with the mitigation of imperfect self-defense. The insanity defense 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 case, civil finding in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Disorder
A mental disorder, also referred to as a mental illness, a mental health condition, or a psychiatric disability, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. A mental disorder is also characterized by a clinically significant disturbance in an individual's cognition, emotional regulation, or behavior, often in a society, social context. Such disturbances may occur as single episodes, may be persistent, or may be relapsing–remitting. There are many different types of mental disorders, with signs and symptoms that vary widely between specific disorders. A mental disorder is one aspect of mental health. The causes of mental disorders are often unclear. Theories incorporate findings from a range of fields. Disorders may be associated with particular regions or functions of the brain. Disorders are usually Medical diagnosis, diagnosed or assessed by a mental health professional, such as a Clinical psychology#Profes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Autism
Autism, also known as autism spectrum disorder (ASD), is a neurodevelopmental disorder characterized by differences or difficulties in social communication and interaction, a preference for predictability and routine, sensory processing differences, focused interests, and repetitive behaviors, which may include stimming. Formal diagnosis requires significant challenges in multiple domains of life, with characteristics that are atypical or more pronounced than expected for one's age and sociocultural context.(World Health Organization: International Classification of Diseases version 11 (ICD-11)): https://icd.who.int/browse/2024-01/mms/en#437815624 Motor coordination difficulties are common but not required for diagnosis. Autism is a spectrum disorder, resulting in wide variations in presentation and support needs, such as that between speaking and non-speaking populations. Increased estimates of autism prevalence since the 1990s are primarily attributed to broader c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adult
An adult is an animal that has reached full growth. The biological definition of the word means an animal reaching sexual maturity and thus capable of reproduction. In the human context, the term ''adult'' has meanings associated with social and legal concepts. In contrast to a non-adult or " minor", a legal adult is a person who has attained the age of majority and is therefore regarded as independent, self-sufficient, and responsible. They may also be regarded as "majors". The typical age of attaining legal adulthood is 18 although definition may vary by legal rights, country, and psychological development. Human adulthood encompasses psychological adult development. Definitions of adulthood are often inconsistent and contradictory; a person may be biologically an adult, and have adult behavior, but still be treated as a child if they are under the legal age of majority. Conversely, one may legally be an adult but possess none of the maturity and responsibility that may de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Disability (other)
Mental disability may refer to: * Developmental disability, a chronic condition due to mental or physical impairments arising before adulthood * Disabilities affecting intellectual abilities, medical conditions affecting cognitive ability including: ** Intellectual disability, also known as general learning disability, a generalized neurodevelopmental disorder ** Learning disability, where a person has difficulty learning in a typical manner * Mental disorder, also called mental illness or psychiatric disorder, a behavioral or mental pattern that causes impairment of personal functioning ** Neurodevelopmental disorder, a disorder of brain function *Emotional and behavioral disorders, a disability classification used in educational settings See also * Mental health Mental health is often mistakenly equated with the absence of mental illness. However, mental health refers to a person's overall emotional, psychological, and social well-being. It influences how individ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Physical Disability
A physical disability is a limitation on a person's physical functioning, mobility, dexterity or stamina. Other physical disabilities include impairments which limit other facets of daily living, such as respiratory disorders, blindness, epilepsy and sleep disorders. Causes Prenatal disabilities are acquired before birth. These may be due to diseases or substances that the mother has been exposed to during pregnancy, embryonic or fetal developmental accidents or genetic disorders. Perinatal disabilities are acquired between some weeks before to up to four weeks after birth in humans. These can be due to prolonged lack of oxygen or obstruction of the respiratory tract, damage to the brain during birth (due to the early umbilical cord clamping, for example) or the baby being born prematurely. These may also be caused due to genetic disorders or accidents. Post-natal disabilities are gained after birth. They can be due to accidents, injuries, obesity, infection or other illne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
