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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] |
Jury Instruction
Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. They are an important procedural step in a trial by jury, and as such are a cornerstone of criminal process in many common law countries. The purpose of instructions are to inform the jury about the legal principles and standards that they must apply in order to reach a verdict. This ensures that criminal trials are fair and lawful. They are typically delivered after closing arguments, but sometimes may be delivered mid-trial if necessary. In some cases, the instructions given by a judge to the jury are incorrect, which may (depending on the issue) result in a mistrial. Content of jury instructions Jury instructions often cover the following issues: *Introduction to the trial process: An overview of the trial process, the roles of the judge, jury, attorneys, and witnesses, and the importance of the jury's role in the legal system. *Explanation of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Trial
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Not Guilty By Reason Of Insanity
Not or NOT may also refer to: Language * Not, the general declarative form of "no", indicating a negation of a related statement that usually precedes * ... Not!, a grammatical construction used as a contradiction, popularized in the early 1990s Science and technology * Negation, a unary operator in logic depicted as ~, ¬, or ! * Bitwise NOT, an operator used in computer programming * NOT gate, a digital logic gate (commonly called an inverter) * Nordic Optical Telescope, an astronomical telescope at Roque de los Muchachos Observatory, La Palma, Canary Islands Other uses * Nottingham railway station (station code NOT) * Polish Federation of Engineering Associations (''Naczelna Organizacja Techniczna'') * Not, Missouri Not is an unincorporated community in Shannon County, Missouri, United States. History A post office called Not was established in 1886, and remained in operation until 1917. The community was so named on account of the knot A knot is an in ..., an uninc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wolters Kluwer Law & Business
Wolters Kluwer N.V. is a Dutch information services company. The company serves legal, business, tax, accounting, finance, audit, risk, compliance, and healthcare markets. Wolters Kluwer in its current form was founded in 1987 with a merger between Kluwer Publishers and Wolters Samsom. It operates in over 150 countries. The company is headquartered in Alphen aan den Rijn, Netherlands (Global). History Early history Jan-Berend Wolters founded the Schoolbook publishing house in Groningen, Groningen, Netherlands, in 1836. In 1858, the Noordhoff publishing house was founded alongside the Schoolbook publishing house. The two publishing houses merged in 1968. Wolters-Noordhoff merged with Information and Communications Union (ICU) in 1972 and took the name ICU. ICU acquired Croner Group, Croner in 1977, ICU changed its name to Wolters-Samsom in 1983. The company began serving foreign law firms and multinational companies in China in 1985. In 1987, Elsevier, the largest publishing hous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Kaplan (law Professor)
John Kaplan (1929November 25, 1989) was an American legal scholar, social scientist, social justice advocate, popular law professor, and author. He was a leading authority in the field of criminal law, and was widely known for his legal analyses of some of the deepest social problems in the United States. He was known for his work linking sociological research with legal policies, and limiting academic legal theory with real-world sociological data. He was an advocate for ending criminal prohibitions on private behavior such as drug use, arguing that these laws only made any problems worse. Education and career Kaplan received a bachelor of science degree in physics from Harvard University, then worked in a Naval research lab for several years. He returned to Harvard to attend Law School, was a member of the Harvard Law Review, and graduated magna cum laude. In 1954–55, after his law degree, he served as law clerk for US Supreme Court Justice Thomas C. Clark, then studied cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Weisberg
Robert I. Weisberg is an American lawyer. He is the Edwin E. Huddleson Jr. Professor of Law at Stanford Law School. Weisberg is an authority on criminal law and criminal procedure, as well as a scholar in the law and literature movement. Education and career Weisberg was educated at the Bronx High School of Science, and received his B.A. from the City College of New York in 1966. He obtained his M.A. and Ph.D. degrees in English from Harvard University in 1967 and 1971. After graduation, he taught English at Skidmore College from 1970 to 1976. Weisberg left to attend Stanford Law School Stanford Law School (SLS) is the Law school in the United States, law school of Stanford University, a Private university, private research university near Palo Alto, California. Established in 1893, Stanford Law had an acceptance rate of 6.28% i ..., where he received a J.D. in 1979 and was the Editor-in-Chief of the '' Stanford Law Review''. He then served as a law clerk for Judge J. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guyora Binder
Guyora Binder (born 7 November 1956) is a legal scholar and writer. Binder has been faculty at University at Buffalo Law School and Boston University School of Law, and has been published in the Boston University Law Review. In 2012, he wrote ''Felony Murder'', an examination of the felony murder crime in the US. Publications * * * References External links Guyora Binder profileat Boston University School of Law The Boston University School of Law (BU Law) is the law school of Boston University, a private research university in Boston. Established in 1872, it is the third-oldest law school in New England, after Harvard Law School and Yale Law School. Ap ... website {{DEFAULTSORT:Binder, Guyora Boston University School of Law faculty Living people 1956 births Date of birth missing (living people) University at Buffalo Law School alumni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
M'Naghten Rule
The M'Naghten rule(s) (pronounced, and sometimes spelled, McNaughton) is a legal test defining the 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 of Lords, using a medieval r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mentally Ill
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 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 diagnosed or assessed by a mental health professional, such as a clinical psychologist, psychiatrist, psychiatric nurs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Volition (psychology)
Volition, also known as will or conation, is the cognitive process by which an individual decides on and commits to a particular course of action. It is defined as purposive striving and is one of the primary human psychological functions. Others include affect (feeling or emotion), motivation (goals and expectations), and cognition (thinking). Volitional processes can be applied consciously or they can be automatized as habits over time. Most modern conceptions of volition address it as a process of conscious action control which becomes automatized (e.g. see Heckhausen and Kuhl; Gollwitzer; Boekaerts and Corno). Overview Many researchers treat ''volition'' and '' willpower'' as scientific and colloquial terms (respectively) for the same process. When a person ''makes up their mind'' to do a thing, that state is termed 'immanent volition'. When we put forth any particular act of choice, that act is called an emanant, executive, or imperative volition. When an immanent or sett ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
