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Settled Insanity
Settled insanity is defined as a permanent or "settled" condition caused by long-term substance abuse and differs from the temporary state of intoxication. In some United States jurisdictions "settled insanity" can be used as a basis for an insanity defense, even though voluntary intoxication cannot, if the "settled insanity" negates one of the required elements of the crime such as malice aforethought. However, U.S. federal and state courts have differed in their interpretations of when the use of "settled insanity" is acceptable as an insanity defense and also over what is included in the concept of "settled insanity". History Early English common law recognized "settled insanity" as a complete defense for a person who is a habitual drunk but is not intoxicated at the time of the offense. A complete defense exonerates the accused and is a verdict of not guilty. Thus a person meeting the criteria of "settled insanity" is not considered responsible for his actions. Under the ...
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Substance Abuse
Substance abuse, also known as drug abuse, is the use of a drug in amounts or by methods which are harmful to the individual or others. It is a form of substance-related disorder. Differing definitions of drug abuse are used in public health, medical and criminal justice contexts. In some cases, criminal or anti-social behaviour occurs when the person is under the influence of a drug, and long-term personality changes in individuals may also occur. In addition to possible physical, social, and psychological harm, the use of some drugs may also lead to criminal penalties, although these vary widely depending on the local jurisdiction.. Drugs most often associated with this term include: alcohol, amphetamines, barbiturates, benzodiazepines, cannabis, cocaine, hallucinogens (although there is no known ''psychedelic'', one of the three categories of hallucinogens, that has been found to have any addictive potential), methaqualone, and opioids. The exact cause of substance abu ...
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Excuse
In jurisprudence, an excuse is a defense to criminal charges that is 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 a 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 illness. Thus, a ...
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Expert Witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and ...
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Substance-induced Psychosis
Substance-induced psychosis (commonly known as toxic psychosis or drug-induced psychosis) is a form of psychosis that is attributed to substance use. It is a psychosis that results from the effects of chemicals or drugs, including those produced by the body itself. Various psychoactive substances have been implicated in causing or worsening psychosis in users. Signs and symptoms Psychosis manifests as disorientation, visual hallucinations and/or haptic hallucinations. It is a state in which a person's mental capacity to recognize reality, communicate, and relate to others is impaired, thus interfering with the capacity to deal with life demands. While there are many types of psychosis, substance-induced psychosis can be pinpointed to specific chemicals. Substance use and schizophrenia Rates of drug use amongst people with schizophrenia are higher than the general population; 50% of those diagnosed with schizophrenia use substances over their life. There is a model that this a ...
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Alcoholism
Alcoholism is, broadly, any drinking of alcohol (drug), alcohol that results in significant Mental health, mental or physical health problems. Because there is disagreement on the definition of the word ''alcoholism'', it is not a recognized diagnostic entity. Predominant diagnostic classifications are alcohol use disorder (DSM-5) or alcohol dependence (ICD-11); these are defined in their respective sources. Excessive alcohol use can damage all organ systems, but it particularly affects the brain, heart, liver, pancreas and immune system. Alcoholism can result in mental illness, delirium tremens, Wernicke–Korsakoff syndrome, Heart arrhythmia, irregular heartbeat, an impaired immune response, liver cirrhosis and alcohol and cancer, increased cancer risk. Drinking during pregnancy can result in fetal alcohol spectrum disorders. Women are generally more sensitive than men to the harmful effects of alcohol, primarily due to their smaller body weight, lower capacity to metaboli ...
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Delirium Tremens
Delirium tremens (DTs) is a rapid onset of confusion usually caused by withdrawal from alcohol. When it occurs, it is often three days into the withdrawal symptoms and lasts for two to three days. Physical effects may include shaking, shivering, irregular heart rate, and sweating. People may also hallucinate. Occasionally, a very high body temperature or seizures (colloquially known as "rum fits") may result in death. Alcohol is one of the most dangerous drugs to withdraw from. Delirium tremens typically only occurs in people with a high intake of alcohol for more than a month. A similar syndrome may occur with benzodiazepine and barbiturate withdrawal. Withdrawal from stimulants such as cocaine do not have major medical complications. In a person with delirium tremens it is important to rule out other associated problems such as electrolyte abnormalities, pancreatitis, and alcoholic hepatitis. Prevention is by treating withdrawal symptoms. If delirium tremens occurs, ag ...
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Mental Disorder
A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitting, or occur as single episodes. Many disorders have been described, with signs and symptoms that vary widely between specific disorders. Such disorders may be diagnosed by a mental health professional, usually a clinical psychologist or psychiatrist. The causes of mental disorders are often unclear. Theories may incorporate findings from a range of fields. Mental disorders are usually defined by a combination of how a person behaves, feels, perceives, or thinks. This may be associated with particular regions or functions of the brain, often in a social context. A mental disorder is one aspect of mental health. Cultural and religious beliefs, as well as social norms, should be taken into account when making a diagnosis. Services are b ...
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Specific Intent
In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing. Definitions Intent is defined in English law by the ruling in ''R v Mohan'' 976QB 1 as "the decision to bring about a prohibited consequence" (malum prohibitum). A range of words represents shades of ''intent'' in criminal laws around the world. The mental element, or ''mens rea'', of murder, for example, was historically called malice aforethought. In some jurisdictions transferred intent allows the prosecution for intentional murder if a death occurs in the course of committing an intentional felony. The intent for the felony is transferred to the killing in this type of situation. The language of "malice" is mostly abandoned and intent element of a crime, such as intent to kill, may exist without a malicious motive, or even with a benevolent motive, such as in ...
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Sentence (law)
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 mi ...
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Assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from batte ...
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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 pers ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), 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 (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''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 (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ...
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