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Ultimate Issue (law)
An ultimate issue in criminal law is a legal issue at stake in the prosecution of a crime for which an expert witness is providing testimony. Example If the issue is the defendant's mental state at the time of the offense, the ultimate issue would be the defendant's sanity or insanity during the commission of the crime. In the past, expert witnesses were allowed to give testimony on ultimate issues, such as the applicability of the insanity defense to a particular defendant. However, after the 1982 trial of John Hinckley, Jr., the federal rules of evidence were changed. Now in the United States, federal courts and some states have rules of evidence that specifically rule out legal conclusions drawn by expert witnesses in their testimony. However, a large amount of judicial discretion is allowed in how this rule is applied, resulting in an uneven application of rules across jurisdictions. Definition The Federal Rules do not say what falls within the definition of an "ultimate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral 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 of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or 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 offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Credibility
Credibility comprises the objective and subjective components of the believability of a source or message. Credibility dates back to Aristotle theory of Rhetoric. Aristotle defines rhetoric as the ability to see what is possibly persuasive in every situation. He divided the means of persuasion into three categories, namely Ethos (the source's credibility), Pathos (the emotional or motivational appeals), and Logos (the logic used to support a claim), which he believed have the capacity to influence the receiver of a message. According to Aristotle, the term "Ethos" deals with the character of the speaker. The intent of the speaker is to appear credible. In fact, the speaker's ethos is a rhetorical strategy employed by an orator whose purpose is to "inspire trust in his audience." Credibility has two key components: trustworthiness and expertise, which both have objective and subjective components. Trustworthiness is based more on subjective factors, but can include objective me ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Backlash (sociology)
A backlash is a strong adverse reaction to an idea, action, or object. It is usually a reflection of a normative resentment rather than a denial of its existence. In Western identitarian political discourse, the term is commonly applied to instances of bias and discrimination against marginalized groups. In this form of discourse, backlash can be explained as the response- or counter reaction- to efforts of social progress made by a group to gain access to rights. Historical Western examples * 13th Amendment — Jim Crow Laws were racial backlash in response to the amendment to the United States constitution. * Civil rights — Voting restrictions implemented. * Women's Movement — Backlash centered on infertility issues, women's "biological clock" and shortage of men. Contemporary Western examples * Me Too Movement — Impacted women in the workforce. Men were more reluctant to hire women deemed attractive, more reluctant to have one-on-one meetings with women, and had gre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reagan Assassination Attempt
On March 30, 1981, President of the United States Ronald Reagan was shot and wounded by John Hinckley Jr. in Washington, D.C. as he was returning to his limousine after a speaking engagement at the Washington Hilton. Hinckley believed the attack would impress actress Jodie Foster, with whom he had developed an erotomanic obsession. Reagan was seriously wounded by a pistol bullet that ricocheted off the side of the presidential limousine and hit him in the left underarm, breaking a rib, puncturing a lung, and causing serious internal bleeding. He was close to death upon arrival at George Washington University Hospital but was stabilized in the emergency room, then underwent emergency exploratory surgery. He recovered and was released from the hospital on April 11. No formal invocation of sections 3 or 4 of the Constitution's 25th amendment (concerning the vice president assuming the president's powers and duties) took place, though Secretary of State Alexander Haig stated that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Testimony
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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules. History The law of evidence governs the proof of facts and the inferences flowing from such facts during the trial of civil and criminal lawsuits. Before the twentieth century, evidence law was largely the product of decisional law. During the twentieth century, projects such as the California Evidence Code and the Uniform Rules of Evidence encouraged the codification of those common law evidence rules. In 1965, Chief Justice Earl Warren appointed an advisory committee of fifteen to draft the new rules. The committee was composed of U.S. lawyers and U.S. legal scholars. The Federal Rules of Evidence began as rules proposed pursua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Element (criminal Law)
Under United States law, an element of a crime (or element of an offense) is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant guilty of a criminal offense, the prosecution must present evidence that, even when opposed by any evidence the defense may choose, is credible and sufficient to prove beyond a reasonable doubt that the defendant committed each element of the particular crime charged. The component parts that make up any particular crime vary now depending on the crime. The basic components of an offense are listed below; generally, each element of an offense falls into one or another of these categories. At common law, conduct could not be considered criminal unless a defendant possessed some level of intentioneither purpose, knowledge, or recklessnesswith regard to both the nature of his alleged conduct and the existence of the factual circumstances under which the law considered that conduct criminal. Howev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motivation
Motivation is the reason for which humans and other animals initiate, continue, or terminate a behavior at a given time. Motivational states are commonly understood as forces acting within the agent that create a disposition to engage in goal-directed behavior. It is often held that different mental states compete with each other and that only the strongest state determines behavior. This means that we can be motivated to do something without actually doing it. The paradigmatic mental state providing motivation is desire. But various other states, such as beliefs about what one ought to do or intentions, may also provide motivation. Motivation is derived from the word 'motive', which denotes a person's needs, desires, wants, or urges. It is the process of motivating individuals to take action in order to achieve a goal. The psychological elements fueling people's behavior in the context of job goals might include a desire for money. Various competing theories have been proposed c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. 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 victim to an unintended victim, the ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Status
The mental status examination (MSE) is an important part of the clinical assessment process in neurological and psychiatric practice. It is a structured way of observing and describing a patient's psychological functioning at a given point in time, under the domains of appearance, attitude, behavior, mood and affect, speech, thought process, thought content, perception, cognition, insight, and judgment. There are some minor variations in the subdivision of the MSE and the sequence and names of MSE domains. The purpose of the MSE is to obtain a comprehensive cross-sectional description of the patient's mental state, which, when combined with the biographical and historical information of the psychiatric history, allows the clinician to make an accurate diagnosis and formulation, which are required for coherent treatment planning. The data are collected through a combination of direct and indirect means: unstructured observation while obtaining the biographical and social in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diagnosis
Diagnosis is the identification of the nature and cause of a certain phenomenon. Diagnosis is used in many different disciplines, with variations in the use of logic, analytics, and experience, to determine " cause and effect". In systems engineering and computer science, it is typically used to determine the causes of symptoms, mitigations, and solutions. Computer science and networking * Bayesian networks * Complex event processing * Diagnosis (artificial intelligence) * Event correlation * Fault management * Fault tree analysis * Grey problem * RPR Problem Diagnosis * Remote diagnostics * Root cause analysis * Troubleshooting * Unified Diagnostic Services Mathematics and logic * Bayesian probability * Block Hackam's dictum * Occam's razor * Regression diagnostics * Sutton's law copy right remover block Medicine * Medical diagnosis * Molecular diagnostics Methods * CDR Computerized Assessment System * Computer-assisted diagnosis * Differential diagnosis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
