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M'Naghten Rules
The M'Naghten rule(s) (pronounced, and sometimes spelled, McNaughton) is a legal test (law), test defining the Insanity defense, defence of insanity that was formulated by the House of Lords in 1843. It is the established standard in UK criminal law. Versions have been adopted in some US states, currently or formerly, and other jurisdictions, either as case law or by statute. Its original wording is a proposed jury instruction: The rule was created in reaction to the acquittal in 1843 of Daniel M'Naghten on the charge of murdering Edward Drummond. M'Naghten had shot Drummond after mistakenly identifying him as the British Prime Minister Robert Peel, who was the intended target. The acquittal of M'Naghten on the basis of insanity, a hitherto unheard-of defence ''per se'' in modern form, caused a public uproar, with protests from the establishment and the press, even prompting Queen Victoria to write to Robert Peel calling for a "wider interpretation of the verdict". The House o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daniel McNaughton C 1856
Daniel commonly refers to: * Daniel (given name), a masculine given name and a surname * List of people named Daniel * List of people with surname Daniel * Daniel (biblical figure) * Book of Daniel, a biblical apocalypse, "an account of the activities and visions of Daniel" Daniel may also refer to: Arts and entertainment Literature * Daniel (Old English poem), ''Daniel'' (Old English poem), an adaptation of the Book of Daniel * ''Daniel'', a 2006 novel by Richard Adams * Daniel (Mankell novel), ''Daniel'' (Mankell novel), 2007 Music * Daniel (Bat for Lashes song), "Daniel" (Bat for Lashes song) (2009) * Daniel (Elton John song), "Daniel" (Elton John song) (1973) * "Daniel", a song from ''Beautiful Creature'' by Juliana Hatfield * Daniel (album), ''Daniel'' (album), a 2024 album by Real Estate Other arts and entertainment * Daniel (1983 film), ''Daniel'' (1983 film), by Sidney Lumet * Daniel (2019 film), ''Daniel'' (2019 film), a Danish film * Daniel (comics), a character in th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diminished Responsibility
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 that t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Automatism (law)
In criminal law, automatism is a rarely used criminal defence. It is one of the mental condition defences that relate to the mental state of the defendant. Automatism can be seen variously as lack of voluntariness, lack of culpability (unconsciousness) or excuse. Automatism means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act. For example, in 1958, Esther Griggs threw her child out of a first floor window believing that the house was on fire, while having a sleep terror. In 2002, Peter Buck, lead guitarist of the band R.E.M., was cleared of several charges, including assault, which resulted from automatism brought on by a bad interaction between alcohol and sleeping pills. In a 2009 case in Aberporth in west Wales, Brian Thomas strangled his wife in their camper van, also during a sleep terror, when he mistook his wife for an intruder. The defence of automatism is denying that the person was actin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bratty V Attorney-General For Northern Ireland
''Bratty v Attorney-General for Northern Ireland'' 963AC 386, 9613 All ER 523, 961UKHL 3 is a House of Lords decision relating to non-insane automatism. The court decided that medical evidence is needed to prove that the defendant was not aware of what they were doing, and if this is available, the burden of proof lies with the prosecution to prove that intention was present. Facts In March 1961, twenty-year-old George Bratty had given a lift in his car to Josephine Fitzsimmons, who was later found dead under a hedge near Hillsborough, County Down, Northern Ireland, having been strangled. Bratty was later interviewed by police and asked to explain scratches on his neck. He made a statement in which he said, ''inter alia'' and then Trial Bratty's trial was heard at the Downpatrick Assizes, and his defence team proposed alternative verdicts, namely *That Bratty was not guilty on the basis that he was in a state of automatism and not "master of his own actions", the only cause su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rebuttable Presumption
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the presumption is wrong); in short, a fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies. History The ancient Jewish law code, the Talmud, included reasoning from presumptions (''hazakah''), propositions taken to be true unless there was reason to believe otherwise, such as "One does not ordinarily pay a debt before term." The same concept was fou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Hadfield
James Hadfield or Hatfield (1771/1772 – 23 January 1841) attempted to assassinate George III of Great Britain in 1800 but was acquitted of attempted murder by reason of insanity. Biography Hadfield's early years are unknown but he was severely injured at the Battle of Tourcoing in 1794. Before being captured by the French, he was struck eight times on the head with a sabre, the wounds being prominent for the rest of his life. After returning to England, he became involved in a millennialist movement and came to believe that the Second Coming of Jesus Christ would be advanced if he himself were killed by the British government. He therefore resolved, in conspiracy with Bannister Truelock, to attempt the assassination of the King and bring about his own judicial execution.Eigen (2005) On the evening of 15 May 1800, at the Theatre Royal, Drury Lane, during the playing of the national anthem, Hadfield fired a pistol at the King standing in the royal box but missed. Hadfie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weregild
Weregild (also spelled wergild, wergeld (in archaic/historical usage of English), weregeld, etc.), also known as man price ( blood money), was a precept in some historical legal codes whereby a monetary value was established for a person's life, to be paid as a fine or as compensatory damages to the person's family if that person was killed or injured by another. Etymology and terminology The compound noun weregild means "remuneration for a man", from Proto-Germanic "man, human" and "retaliation, remuneration". In the south Germanic area, this is the most common term used to mean "payment for killing a man" (Old High German , Langobardic , Old English ), whereas in the North Germanic area, the more common term is Old Norse , with the same meaning. Wolfgang Haubrichs argues that wergild is "undoubtably a West Germanic word" which spread throughout the various Germanic-speaking peoples, but which in the north was replaced with since the meaning of the element "wer-" had been ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Utilitarian
In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for the affected individuals. In other words, utilitarian ideas encourage actions that lead to the greatest good for the greatest number. Although different varieties of utilitarianism admit different characterizations, the basic idea that underpins them all is, in some sense, to maximize utility, which is often defined in terms of well-being or related concepts. For instance, Jeremy Bentham, the founder of utilitarianism, described ''utility'' as the capacity of actions or objects to produce benefits, such as pleasure, happiness, and good, or to prevent harm, such as pain and unhappiness, to those affected. Utilitarianism is a version of consequentialism, which states that the consequences of any action are the only standard of right and wrong. Unlike other forms of consequentialism, such as egoism and altruism, egalitarian utilita ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morality
Morality () is the categorization of intentions, Decision-making, decisions and Social actions, actions into those that are ''proper'', or ''right'', and those that are ''improper'', or ''wrong''. Morality can be a body of standards or principles derived from a code of conduct from a particular philosophy, religion or culture, or it can derive from a standard that is Universal morality, understood to be universal. Morality may also be specifically synonymous with "goodness", "appropriateness" or "rightness". Moral philosophy includes meta-ethics, which studies abstract issues such as moral ontology and moral epistemology, and normative ethics, which studies more concrete systems of moral decision-making such as deontological ethics and consequentialism. An example of normative Ethics, ethical philosophy is the Golden Rule, which states: "One should treat others as one would like others to treat oneself." Immorality is the active opposition to morality (i.e., opposition to that w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Compassion
Compassion is a social feeling that motivates people to go out of their way to relieve the physical, mental, or emotional pains of others and themselves. Compassion is sensitivity to the emotional aspects of the suffering of others. When based on notions such as fairness, justice, and interdependence, it may be considered partially rational in nature. Compassion involves "feeling for another" and is a precursor to empathy, the "feeling as another" capacity (as opposed to sympathy, the "feeling towards another"). In common parlance, active compassion is the desire to alleviate another's suffering. Compassion involves allowing oneself to be moved by suffering to help alleviate and prevent it. An act of compassion is one that is intended to be helpfulness, helpful. Other virtues that harmonize with compassion include patience, wisdom, kindness, Psychological resilience, perseverance, warmth, and resolve. It is often, though not inevitably, the key component in altruism. The differ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Policy (law)
In private international law, the public policy doctrine or (French: "public order") concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time. Law regulates behaviour either to reinforce existing social expectations or to encourage constructive change, and laws are most likely to be effective when they are consistent with the most generally accepted societal norms and reflect the collective morality of the society. In performing this function, Cappalli has suggested that the critical values of any legal system include impartiality, neutrality, certainty, equality, openness, flexibility, and growth. This assumes that a state's courts function as '' dispute resolution systems'', which avoid the violence that often otherwise accompanies private resolution of disputes. That is, citizens have to be enco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
