|
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] [Amazon] |
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] [Amazon] |
Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or behavior that is deemed undesirable. It is, however, possible to distinguish between various different understandings of what punishment is. The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. and violates the law or rules by which the group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but is most often a form of socia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Gilmerton
Gilmerton is a suburb of Edinburgh, about southeast of the city centre. The toponym "Gilmerton" is derived from a combination of – a personal name and later surname meaning "Servant of he VirginMary", from which comes the first element, "Gilmer", – and meaning "settlement" or "farmstead". Versions of the name are recorded from the middle of the 12th century. Below its centre is a series of shallow linked caves collectively called Gilmerton Cove. Traditionally these were attributed to the work of a local blacksmith, George Paterson (d.1735), who began work in 1720 and completed excavations in 1724 occupying these caves under his house and smiddy for eleven years. Paterson's name is inscribed on the lintel at the entrance. History Gilmerton was owned by the Somervilles of nearby Drum House in the 17th century but in 1685 passed to the Kinloch family who had property on the west side of the village. Coal mining which began in the 16th century gave way to limestone m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Sir Archibald Gordon Kinloch, 7th Baronet
Sir Archibald Gordon Kinloch of Gilmerton ( – 1800) was a Scottish baronet who, in one of the most celebrated cases in late 18th century Britain, killed his elder brother, Sir Francis Kinloch, 6th baronet of Gilmerton. In the approach to the tragic events (and during the trial) he was known by his military title of Major Alexander Gordon Kinloch (close acquaintances call him Major Gordon). Through the greatest of ironies, due to the murder, Kinloch was thereafter entitled "Sir". It has wrongly been considered one of the first recorded instances of diminished responsibility due to mental instability. Kinloch was acquitted by reason of insanity. The case also set parameters for the use and validity of notes taken by witnesses in use as testimony. He therefore became a baronet on 16 April 1795 the day of his victim's death. The entirety of his baronetcy was spent either in prison or under house arrest, neither being a barrier to his legal rights to the title of Baronet. His tria ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Homicide Act 1957
The Homicide Act 1957 ( 5 & 6 Eliz. 2. c. 11) is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice (except in limited circumstances), reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact. It further restricted the use of the death penalty for murder to particular enumerated circumstances, under the rubrique of capital murder. Similar provisions to Part I of this Act was enacted for Northern Ireland by Part II of the Criminal Justice Act (Northern Ireland) 1966. The Act was highly controversial as a hodgepodge partial abolition, which categorically deemed all murder by firearm or during theft, for instance, punishable by death, whereas murder via poison or during rape would not. Dissatisfaction from both abolitionists and proponents of capital punishment was a key f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Sentence (law)
In criminal 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 sai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary For voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Guilt (law)
In criminal law, guilt is the state of being responsible for the commission of an offense. Legal guilt is entirely externally defined by the State (polity), state, or more generally a "court of law". Being factually guilty of a criminal offense means that one has committed a violation of criminal law or performed all the elements of the offense set out by a criminal statute. The determination that one has committed that violation is made by an external body (a "court of law") after the determination of the facts by a finder of fact or "factfinder" (i.e., a jury) and is, therefore, as definitive as the record-keeping of the body. For instance, in the case of a bench trial, a judge acts as both the court of law and the factfinder, whereas in a jury trial, the jury is the trier of fact and the judge acts only as the trier of law. Factual guilt vs. legal guilt In the United States, there exists factual guilt and legal guilt. Factual guilt relates to a person having factually commi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Society
A society () is a group of individuals involved in persistent social interaction or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Societies are characterized by patterns of relationships ( social relations) between individuals who share a distinctive culture and institutions; a given society may be described as the sum total of such relationships among its constituent members. Human social structures are complex and highly cooperative, featuring the specialization of labor via social roles. Societies construct roles and other patterns of behavior by deeming certain actions or concepts acceptable or unacceptable—these expectations around behavior within a given society are known as societal norms. So far as it is collaborative, a society can enable its members to benefit in ways that would otherwise be difficult on an individual basis. Societies vary based o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Children And Young Persons Act 1933
The Children and Young Persons Act 1933 ( 23 & 24 Geo. 5. c. 12) is an act of the Parliament of the United Kingdom of Great Britain and Northern Ireland. It consolidated all existing child protection legislation for England and Wales into one act. It was preceded by the Children and Young Persons Act 1920 and the Children Act 1908 ( 8 Edw. 7. c. 67). It is modified by the Children and Young Persons Act 1963, the Children and Young Persons Act 1969 and the Children and Young Persons Act 2008. Content The Children and Young Persons Act 1933 raised the minimum age for execution to eighteen, raised the age of criminal responsibility from seven to eight, included guidelines on the employment of school-age children, set a minimum working age of fourteen, and made it illegal for adults to sell cigarettes or other tobacco products to children under sixteen. The act is worded to ensure that adults and not children are responsible for enforcing it. In 1932, 16-year-old, H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Intelligence
Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. It can be described as the ability to perceive or infer information and to retain it as knowledge to be applied to adaptive behaviors within an environment or context. The term rose to prominence during the early 1900s. Most psychologists believe that intelligence can be divided into various domains or competencies. Intelligence has been long-studied in humans, and across numerous disciplines. It has also been observed in the cognition of non-human animals. Some researchers have suggested that plants exhibit forms of intelligence, though this remains controversial. Etymology The word '' intelligence'' derives from the Latin nouns '' intelligentia'' or '' intellēctus'', which in turn stem from the verb '' intelligere'', to comprehend or perceive. In the M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
