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Criminally 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. 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 the justification of 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 finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil legal liability, liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely Mitigation, mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Commitment
Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation, or informally in Britain sectioning, being sectioned, commitment, or being committed, is a legal process through which an individual who is deemed by a qualified person to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment. Criteria for civil commitment are established by laws which vary between nations. Commitment proceedings often follow a period of emergency hospitalization, during which an individual with acute psychiatric symptoms is confined for a relatively short duration ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diminished Capacity
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. Overview Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind. For example, if the felony murder rule does not apply, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation, and the specific intent to kill—all three are necessary elements of the state's case. If evidence exists, sufficient to create a reasonable doubt as to whether the defendant because of mental illness or "defect" possessed the capacity to premeditate, deliberate or form the specific intent to kill then the state cannot convict the defendant of first degree murder. This does not mean th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Partial Defense
In legal systems based on common law, a partial defence is a defence that does not completely absolve the defendant of guilt. A claim of self-defence, for example, may be a complete defence to a charge of murder, leading to an acquittal; or it may be a partial defence, which leads to conviction to a lesser verdict, such as manslaughter. In England and Wales, successfully pleading a partial defence for murder may reduce the conviction to voluntary manslaughter. There are three types of partial defence - loss of control, diminished responsibility and suicide pact. These defences can only be applied to the charge of murder as per section 54 of the Coroners and Justice Act 2009 The Coroners and Justice Act 2009 (c. 25) is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales. Among its provisions are: *Preventing criminals from profiting from public .... The earlier defence of provocation was abolished ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alcohol Intoxication
Alcohol intoxication, commonly described in higher doses as drunkenness or inebriation, and known in overdose as alcohol poisoning, is the behavior and physical effects caused by recent consumption of Alcohol (drug), alcohol. The technical term ''intoxication'' in common speech may suggest that a large amount of alcohol has been consumed, leading to accompanying physical symptoms and deleterious health effects. Mild intoxication is mostly referred to by slang terms such as ''tipsy'' or ''buzzed''. In addition to the toxicity of ethanol, the main Psychoactive drug, psychoactive component of alcoholic beverages, other physiological symptoms may arise from the activity of acetaldehyde, a metabolite of alcohol. These effects may not arise until hours after ingestion and may contribute to a condition colloquially known as a hangover. Symptoms of Substance intoxication, intoxication at lower doses may include mild sedation and poor coordination. At higher doses, there may be slurred ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mitigating Factors
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 According ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
People V
The term "the people" refers to the public or Common people, common mass of people of a polity. As such it is a concept of human rights law, international law as well as constitutional law, particularly used for claims of popular sovereignty. In contrast, a people is any plurality of Person, persons considered as a whole. Used in politics and law, the term "a people" refers to the collective or community of an ethnic group or nation. Concepts Legal Chapter One, Article One of the Charter of the United Nations states that "peoples" have the right to self-determination. Though the mere status as peoples and the right to self-determination, as for example in the case of Declaration on the Rights of Indigenous Peoples, Indigenous peoples (''peoples'', as in all groups of indigenous people, not merely all indigenous persons as in ''indigenous people''), does not automatically provide for independence, independent sovereignty and therefore secession. Indeed, judge Ivor Jennings i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Defense
In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the ''intent'' element), known as defenses. The label may be apt in jurisdictions where the ''accused'' may be assigned some ''burden'' before a tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the ''prosecution'', which also must prove the ''absence'' of these defenses, where implicated. In other words, in many jurisdictions the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment. Types of defenses in a court of law Mental disorder (insanity) Insanity or ''mental disorder'' (Australia and Canada), may negate the ''intent'' of any crime, although it pertains only to those crimes having an ''intent'' element. A variety of rules have been advanced to define what, precisely, constitutes criminal ''insanity''. The most common definiti ... [...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] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ALI Rule
The ALI rule, or American Law Institute Model Penal Code rule, is a recommended rule for instructing juries how to find a defendant in a criminal trial is not guilty by reason of insanity.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> It broadened the M'Naghten rule of whether a defendant was so mentally ill that he is unable to "know" the nature and quality of his criminal act, or know its wrongfulness, to a question of whether he had "substantial capacity to appreciate the criminality of isconduct". It also added a volitional component as to whether defendant was lacking in "substantial capacity to conform his conduct to the law". It arose from the case of '' United States v. Brawner.'', in which the court first adopted the American Law Institute's Model Penal Code rule, thereby moving away from the Durham rule. The ALI rule is: ::''"(1) A person is not responsible for criminal co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1953 British Royal Commission On Capital Punishment Report
Events January * January 6 – The Asian Socialist Conference opens in Rangoon, Burma. * January 12 – Estonian émigrés found a Estonian government-in-exile, government-in-exile in Oslo. * January 14 ** Marshal Josip Broz Tito is chosen President of Socialist Federal Republic of Yugoslavia, Yugoslavia. ** The Central Intelligence Agency, CIA-sponsored Robertson Panel first meets to discuss the Unidentified flying object, UFO phenomenon. * January 15 ** Georg Dertinger, foreign minister of East Germany, is arrested for spying. ** British security forces in West Germany arrest 7 members of the Naumann Circle, a clandestine Neo-Nazi organization. * January 19 – 71.1% of all television sets in the United States are tuned into ''I Love Lucy'', to watch Lucy give birth to Little Ricky, which is more people than those who tune into Dwight Eisenhower's inauguration the next day. This record is never broken. * January 24 ** Mau Mau Uprising: Rebels in Kenya kill th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
