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Abuse Defense
The abuse defense is a criminal law defense in which the defendant argues that a prior history of abuse justifies violent retaliation. While the term most often refers to instances of child abuse or sexual assault, it also refers more generally to any attempt by the defense to use a syndrome or societal condition to deflect responsibility away from the defendant. Sometimes the concept is referred to as the abuse excuse, in particular by the critics of the idea that guilty people may use past victimization to diminish the responsibility for their crimes. When the abuser is the victim of the crime, as is often the case, the abuse excuse is sometimes used as a way to "put the victim on trial". The Supreme Court of the United States has held on numerous occasions that the defendant should be permitted to present any information that they feel might affect sentencing. Despite this legal precedent, the availability of the abuse defense has been criticized by several legal experts, ...
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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 ...
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Public Interest
The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore, defines the public interest as the "'' ex ante'' welfare of the representative individual." Under a thought experiment, by assuming that there is an equal chance for one to be anyone in society and, thus, could benefit or suffer from a change, the public interest is by definition enhanced whenever that change is preferred to the status quo ''ex ante''. This approach is "''ex ante''", in the sense that the change is not evaluated after the fact but assessed before the fact without knowing whether one would actually benefit or suffer from it. This approach follows the " veil of ignorance" approach, which was first proposed by John Harsanyi but popularized by John Rawls in his 1971 ''Theory of Justice''. Historically, however, the approach ...
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Twinkie Defense
"Twinkie defense" is a derisive label for an improbable legal defense. It is not a recognized legal defense in jurisprudence, but a catch-all term coined by reporters during their coverage of the trial of defendant Dan White for the murders of San Francisco city Supervisor Harvey Milk and Mayor George Moscone. White's defense was that he suffered diminished capacity as a result of his depression, a symptom of which was a change in diet from healthy food to Twinkies and other sugary foods. Contrary to common belief, White's attorneys did not argue that the Twinkies were the cause of White's actions, but that their consumption was symptomatic of his underlying depression. The product itself was only mentioned in passing during the trial. White was convicted of voluntary manslaughter rather than first-degree murder, and served five years in prison. Origin The expression derives from the 1979 trial of Dan White, a former San Francisco police officer and firefighter who ...
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Major Depressive Disorder
Major depressive disorder (MDD), also known as clinical depression, is a mental disorder characterized by at least two weeks of pervasive low mood, low self-esteem, and loss of interest or pleasure in normally enjoyable activities. Introduced by a group of US clinicians in the mid-1970s, the term was adopted by the American Psychiatric Association for this symptom cluster under mood disorders in the 1980 version of the '' Diagnostic and Statistical Manual of Mental Disorders'' (DSM-III), and has become widely used since. The diagnosis of major depressive disorder is based on the person's reported experiences, behavior reported by relatives or friends, and a mental status examination. There is no laboratory test for the disorder, but testing may be done to rule out physical conditions that can cause similar symptoms. The most common time of onset is in a person's 20s, with females affected about twice as often as males. The course of the disorder varies widely, from one e ...
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Junk Food
"Junk food" is a term used to describe food that is high in calories from sugar and/or fat, and possibly also sodium, but with little dietary fiber, protein, vitamins, minerals, or other important forms of nutritional value. It is also known as HFSS food (high in fat, salt and sugar). The term ''junk food'' is a pejorative dating back to the 1950s. Precise definitions vary by purpose and over time. Some high-protein foods, like meat prepared with saturated fat, may be considered junk food. Fast food and fast food restaurants are often equated with junk food, although fast foods cannot be categorically described as junk food. Most junk food is highly processed food. Concerns about the negative health effects resulting from a junk food-heavy diet, especially obesity, have resulted in public health awareness campaigns, and restrictions on advertising and sale in several countries. Current studies indicate that a diet high in junk food can increase the risk of depression, ...
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Harvey Milk
Harvey Bernard Milk (May 22, 1930 – November 27, 1978) was an American politician and the first openly gay man to be elected to public office in California, as a member of the San Francisco Board of Supervisors. Milk was born and raised in New York where he acknowledged his homosexuality as an adolescent, but chose to pursue sexual relationships with secrecy and discretion well into his adult years. His experience in the counterculture of the 1960s caused him to shed many of his conservative views about individual freedom and the expression of sexuality. Milk moved to San Francisco in 1972 and opened a camera store. Although he had been restless, holding an assortment of jobs and moving house frequently, he settled in The Castro, a neighborhood that was experiencing a mass immigration of gay men and lesbians. He was compelled to run for city supervisor in 1973, though he encountered resistance from the existing gay political establishment. His campaign was compared to thea ...
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George Moscone
George Richard Moscone (; November 24, 1929 – November 27, 1978) was an American attorney and Democratic politician. He was the 37th mayor of San Francisco, California from January 1976 until his assassination in November 1978. He was known as "The People's Mayor", who opened up City Hall and its commissions to reflect the diversity of San Francisco, appointing African Americans, Asian Americans, and homosexuals. Moscone served in the California State Senate from 1967 until becoming Mayor. In the Senate, he served as Majority Leader. Moscone is remembered for being an advocate of civil progressivism. Early life Moscone was born in the Italian-American enclave of San Francisco's Marina District, California.Sward, Susan (November 26, 1998).Moscone's Time Was Anything But Quiet. '' San Francisco Chronicle''. The Moscone family comes from Piedmont and Liguria. His father was George Joseph Moscone, a Correction Officer at nearby San Quentin, and his mother, Lena, was a h ...
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Dan White
Daniel James White (September 2, 1946 – October 21, 1985) was an American politician who assassinated San Francisco Mayor George Moscone and Supervisor Harvey Milk, on Monday, November 27, 1978, at City Hall. White was convicted of manslaughter for the deaths of Milk and Moscone. White served five years of a seven-year prison sentence. Less than two years after his release, he returned to San Francisco, and later died by suicide. Early life White was born in Long Beach, California, the second of nine children. He was raised by Irish-American, working-class parents in the Visitacion Valley neighborhood of San Francisco. He attended Archbishop Riordan High School until he was expelled for violence in his junior year. He went on to attend Woodrow Wilson High School, where he was valedictorian of his class. Career White enlisted in the United States Army in June 1965. He was a sergeant with the 101st Airborne Division in the Vietnam War from 1969 to 1970 and was honorably di ...
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Wilson
Wilson may refer to: People *Wilson (name) ** List of people with given name Wilson ** List of people with surname Wilson * Wilson (footballer, 1927–1998), Brazilian manager and defender *Wilson (footballer, born 1984), full name Wilson Rodrigues de Moura Júnior, Brazilian goalkeeper *Wilson (footballer, born 1985), full name Wilson Rodrigues Fonseca, Brazilian forward *Wilson (footballer, born 1975), full name Wilson Roberto dos Santos, Brazilian centre-back Places Australia * Wilson, South Australia * Wilson, Western Australia * Wilson Inlet, Western Australia * Wilson Reef, Queensland * Wilsons Promontory, Victoria, Australia, and hence: :* Wilsons Promontory Islands Important Bird Area :*Wilsons Promontory Lighthouse :* Wilsons Promontory Marine National Park :* Wilsons Promontory National Park Canada * Wilson Avenue (Toronto), Ontario ** Wilson (TTC) subway station ** Wilson Subway Yard Poland * Wilson Square (''Plac Wilsona''), in Warsaw United Kingdom ...
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Urban Survival Syndrome
The urban survival syndrome, in United States jurisprudence, can be used either as a defense of justification or of excuse. The first case using, unsuccessfully, the defense of " urban survival syndrome" is the 1994 Fort Worth, Texas murder trial of Daimion Osby. The use of the urban survival syndrome as a defense to criminal charges followed the success of the battered woman syndrome defense in '' State v. Kelly'' (1984), which was based on the acceptance that the presence of such a syndrome may cause the defendant, a victim of domestic violence, to reasonably believe she was in peril and was therefore justified in using deadly force, given the circumstances. Defense As an excuse defense, the urban survival syndrome is presented as a version of the abuse defense. Here an individual experiencing the daily life of racial segregation and violence common in many inner cities in the United States causes a subjective state equivalent to that caused by survival in a violent battlegro ...
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Sexual Violence
Sexual violence is any sexual act or attempt to obtain a sexual act by violence or coercion, act to traffic a person, or act directed against a person's sexuality, regardless of the relationship to the victim.World Health Organization., World report on violence and health (Geneva: World Health Organization, 2002), Chapter 6, pp. 149. lements of Crimes, Article 7(1)(g)-6 Crimes against humanity of sexual violence, elements 1. Accessed through /ref> It occurs in times of peace and armed conflict situations, is widespread, and is considered to be one of the most traumatic, pervasive, and most common human rights violations. Sexual violence is a serious public health problem and has a profound short or long-term impact on physical and mental health, such as an increased risk of sexual and reproductive health problems, an increased risk of suicide or HIV infection. Murder occurring either during a sexual assault or as a result of an honor killing in response to a sexual assault ...
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