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Mandate (criminal Law)
A criminal court may impose a "mandate" as part of a legal process on a person accused of a crime consisting of an obligation to engage in certain conditions or activities in exchange for suspension or reduction in penalty; such as, conditions of probation, conditional discharges, or other conditional sentences. For example, a defendant convicted of driving while intoxicated or drug possession may be mandated to engage in alcoholism or substance abuse rehabilitation. The term is paradoxical because acceptance of the "mandate" is a voluntary act by the defendant, who also has the option of serving what would most generally (though the relative weight is a matter determined by the individual's perspective and readiness to change) be viewed as a harsher alternative, such as incarceration. In this sense, the mandate is not truly ''mandatory'', but is instead a type of legal fiction wherein the court assumes an illusion of power which, in actuality, is constrained by the defendant' ... [...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] |
Drug Rehabilitation
Drug rehabilitation is the process of medical or psychotherapeutic treatment for dependency on psychoactive substances such as alcohol, prescription drugs, and street drugs such as cannabis, cocaine, heroin or amphetamines. The general intent is to enable the patient to confront substance dependence, if present, and stop substance misuse to avoid the psychological, legal, financial, social, and physical consequences that can be caused. Treatment includes medication for depression or other disorders, counseling by experts and sharing of experience with other addicts. Psychological dependency Psychological dependency is addressed in many drug rehabilitation programs by attempting to teach the person new methods of interacting in a drug-free environment. In particular, patients are generally encouraged, or possibly even required, to not associate with peers who still use the addictive substance. Twelve-step programs encourage addicts not only to stop using alcohol or other drugs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fictions
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Development of the concept A legal fiction typically allows the court to ignore a fact that would prevent it from exercising its jurisdiction by simply assuming that the fact is different. In cases where the court must determine whether a standard has been reached, such as whether a defendant has been negligent, the court frequently uses the legal fiction of the "reasonable man". This is known as the "objective test", and is far more common than the "subjective test" where the court seeks the viewpoint of the parties (or "subjects"). Sometimes, the court may apply a "mixed test", as in the House of Lords' decision in ''DPP v Camplin'' 1978. Legal fictions are different from legal presumptions which assume a certain state of facts until th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Individual Mandate
An individual mandate is a requirement by law for certain persons to purchase or otherwise obtain a good or service. United States Militia act The Militia Acts of 1792, based on the Constitution's militia clause (in addition to its affirmative authorization to raise an army and a navy), would have required every "free able-bodied white male citizen" between the ages of 18 and 45, with a few occupational exceptions, to "provide himself" a weapon and ammunition. (See Conscription.) The Militia Acts were never federally enforced, so their constitutionality was never litigated. Seaman relief act An Act for the relief of sick and disabled seamen, signed into law by President John Adams in 1798, required employers to withhold 20 cents per month from each seaman's pay and turn it over to a Collector of the Federal Treasury when in port, and authorized the President to use the money to pay for "the temporary relief and maintenance of sick or disabled seamen," and to build hospitals ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Free Will
Free will is the capacity of agents to choose between different possible courses of action unimpeded. Free will is closely linked to the concepts of moral responsibility, praise, culpability, sin, and other judgements which apply only to actions that are freely chosen. It is also connected with the concepts of advice, persuasion, deliberation, and prohibition. Traditionally, only actions that are freely willed are seen as deserving credit or blame. Whether free will exists, what it is and the implications of whether it exists or not are some of the longest running debates of philosophy and religion. Some conceive of free will as the right to act outside of external influences or wishes. Some conceive free will to be the capacity to make choices undetermined by past events. Determinism suggests that only one course of events is possible, which is inconsistent with a libertarian model of free will. Ancient Greek philosophy identified this issue, which remains a major foc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Free Will
Free will is the capacity of agents to choose between different possible courses of action unimpeded. Free will is closely linked to the concepts of moral responsibility, praise, culpability, sin, and other judgements which apply only to actions that are freely chosen. It is also connected with the concepts of advice, persuasion, deliberation, and prohibition. Traditionally, only actions that are freely willed are seen as deserving credit or blame. Whether free will exists, what it is and the implications of whether it exists or not are some of the longest running debates of philosophy and religion. Some conceive of free will as the right to act outside of external influences or wishes. Some conceive free will to be the capacity to make choices undetermined by past events. Determinism suggests that only one course of events is possible, which is inconsistent with a libertarian model of free will. Ancient Greek philosophy identified this issue, which remains a major foc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fiction
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Development of the concept A legal fiction typically allows the court to ignore a fact that would prevent it from exercising its jurisdiction by simply assuming that the fact is different. In cases where the court must determine whether a standard has been reached, such as whether a defendant has been negligent, the court frequently uses the legal fiction of the " reasonable man". This is known as the " objective test", and is far more common than the "subjective test" where the court seeks the viewpoint of the parties (or "subjects"). Sometimes, the court may apply a "mixed test", as in the House of Lords' decision in '' DPP v Camplin'' 1978. Legal fictions are different from legal presumptions which assume a certain state of facts until ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incarceration
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is " false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of the law. Sometimes gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan Africa for pre-trial detentio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Process
Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, mandate, and warrant. Process normally takes effect by serving in on a person, arresting a person, posting it on real property, or seizing personal property. See also * Civil procedure *Due process * Legal proceedings *Legal process outsourcing * Procedural law *Trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribun ... References Further reading *Hartzler, H. Richard (1976). ''Justice, Legal Systems, and Social Structure''. Port Washington, NY: Kennikat Press. *Kempin, Jr., Frederick G. (1963). ''Legal History: Law and Social Change''. Englewood Cliffs, NJ: Prentice-Hall. *Murphy, Cornelius F. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alcoholism
Alcoholism is, broadly, any drinking of alcohol that results in significant 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, irregular heartbeat, an impaired immune response, liver cirrhosis and 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 metabolize alcohol, and higher proportion of body fat. In a sma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Drug Possession
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances. While some drugs are illegal to possess, many governments regulate the manufacture, distribution, marketing, sale, and use of certain drugs, for instance through a prescription system. For example, amphetamines may be legal to possess if a doctor has prescribed them; otherwise, possession or sale of the drug is typically a criminal offense. Only certain drugs are banned with a "blanket prohibition" against all possession or use (e.g., LSD). The most widely banned substances include psychoactive drugs, although blanket prohibition also extends to some steroids and other drugs. Many governments do not criminalize the possession of a limited quantity of certain drugs for personal use, while still prohibiting their sale or manufacture, or possession in large quantities. Some laws (or judicial practice) set a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
