Consciousness Of Guilt
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Consciousness Of Guilt
In the law of evidence, consciousness of guilt is a type of circumstantial evidence that judges, prosecutors, and juries may consider when determining whether a defendant is guilty of a criminal offense. It is often admissible evidence, and judges are required to instruct juries on this form of evidence. Deceptive statements or evasive actions made by a defendant after the commission of a crime or other wrongdoing are seen as evidence of a guilty conscience. These are not the typical behaviors of an innocent person, and a "defendant's actions are compared unfavorably to what a normal, innocent person would have done, with the implication that the discrepancy indicates guilt". Descriptions and definitions Consciousness of guilt law and legal definition: Criminal defense attorney Stephen G. Rodriguez describes it thus: The New York State Unified Court System discusses false alibis (in the context of "consciousness of guilt") as a form of admissible evidence: Haim Cohn ex ...
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Evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications fo ...
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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 ...
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Disguise
A disguise can be anything which conceals or changes a person's physical appearance, including a wig, glasses, makeup, fake moustache, costume or other items. Camouflage is a type of disguise for people, animals and objects. Hats, glasses, changes in hair style or wigs, plastic surgery, and make-up are also used. Disguises can be used by criminals, terrorists, and secret agents seeking to avoid identification. A person working for an agency trying to get information might go 'undercover' to get information without being recognised by the public; a celebrity may go 'incognito' in order to avoid unwelcome press attention. In comic books and films, disguises are often used by superheroes, and in science fiction they may be used by aliens. Dressing up in costumes is a Halloween tradition. Types of disguise Clothing The most basic type of disguise is to use clothing to conceal one's identity. Such a method is commonly used by undercover investigators, detectives, and police ...
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Name Change
Name change is the legal act by a person of adopting a new name different from their current name. The procedures and ease of a name change vary between jurisdictions. In general, common law jurisdictions have loose procedures for a name change while civil law jurisdictions are more restrictive. A pseudonym is a name used in addition to the original or true name. This does not require legal sanction. Pseudonyms are generally adopted to conceal a person's identity, but may also be used for personal, social or ideological reasons. Reasons for changing one's name * Marriage or civil partnership (e.g. Tiffany Rodriguez marries Aanchal Chaudhari and assumes her surname, becoming Tiffany Chaudhari) * Adoption, or marriage of a custodial parent * Divorce or estrangement of parents * Immigration / adaptation of the name to a different language or script (e.g. Samantha Ogden became Shilpa Ojha on becoming an Indian national) * To evade the law or a debt or commit fraud * To avoid a s ...
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Bribery
Bribery is the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With regard to governmental operations, essentially, bribery is "Corrupt solicitation, acceptance, or transfer of value in exchange for official action." Gifts of money or other items of value which are otherwise available to everyone on an equivalent basis, and not for dishonest purposes, is not bribery. Offering a discount or a refund to all purchasers is a legal rebate and is not bribery. For example, it is legal for an employee of a Public Utilities Commission involved in electric rate regulation to accept a rebate on electric service that reduces their cost for electricity, when the rebate is available to other residential electric customers. However, giving a discount specifically to that employee to influence them to look favorably on the electric utility's rate increase applications would be consi ...
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Cover-up
A cover-up is an attempt, whether successful or not, to :wikt:conceal, conceal evidence of wrongdoing, error, incompetence, or other embarrassment, embarrassing information. Research has distinguished personal cover-ups (covering up one's own misdeeds) from relational cover-ups (covering up someone else's misdeeds). The expression is usually applied to people in positions of authority who Abuse of power, abuse power to avoid or silence criticism or to deflect guilt (law), guilt of wrongdoing. Perpetrators of a cover-up (initiators or their allies) may be responsible for a misdeed, a breach of trust or duty, or a crime. While the terms are often used interchangeably, ''cover-up'' involves withholding incriminatory evidence, while ''Whitewash (censorship), whitewash'' involves releasing misleading evidence. See also Misprision. A cover-up involving multiple parties is a type of conspiracy. Modern usage When a scandal breaks, the discovery of an attempt to cover up the trut ...
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Psychological Projection
Psychological projection is the process of misinterpreting what is "inside" as coming from "outside". It forms the basis of empathy by the projection of personal experiences to understand someone else's subjective world. In its malignant forms, it is a defense mechanism in which the ego defends itself against disowned and highly negative parts of the self by denying their existence in themselves and attributing them to others, breeding misunderstanding and causing untold interpersonal damage. A bully may project their own feelings of vulnerability onto the target, or a person who is confused may project feelings of confusion and inadequacy onto other people. Projection incorporates blame shifting and can manifest as shame dumping. Projection has been described as an early phase of introjection. Historical precursors A prominent precursor in the formulation of the projection principle was Giambattista Vico. In 1841, Ludwig Feuerbach was the first enlightenment thinker to employ ...
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Minimisation (psychology)
Minimisation or minimization is a type of deceptionGuerrero, L., Anderson, P., Afifi, W. (2007). ''Close Encounters: Communication in Relationships'' (2nd ed.). Los Angeles: Sage Publications. {{ISBN? involving denial coupled with rationalisation/rationalization in situations where complete denial is implausible. It is the opposite of exaggeration. Minimisation, or downplaying the significance of an event or emotion, is a common strategy in dealing with feelings of guilt. Words associated with minimisation include: {{Columns-list, colwidth=30em, * belittling * discounting * downplaying * euphemism * invalidation * making light of * meiosis * minification * minimise * trivialising * underplaying * understating Manipulative abuse {{See also, Gaslighting Minimisation may take the form of a manipulative technique: * observed in abusers and manipulators to downplay their misdemeanors when confronted with irrefutable facts.Simon, George K. ''In Sheep's Clothing: Understanding a ...
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Rationalization (making Excuses)
Rationalization is a defense mechanism (ego defense) in which apparent logical reasons are given to justify behavior that is motivated by unconscious instinctual impulses. It is an attempt to find reasons for behaviors, especially one's own. Rationalizations are used to defend against feelings of guilt, maintain self-respect, and protect oneself from criticism. Rationalization happens in two steps: # A decision, action, judgement is made for a given reason, or no (known) reason at all. # A rationalization is performed, constructing a seemingly good or logical reason, as an attempt to justify the act after the fact (for oneself or others). Rationalization encourages irrational or unacceptable behavior, motives, or feelings and often involves ad hoc hypothesizing. This process ranges from fully conscious (e.g. to present an external defense against ridicule from others) to mostly unconscious (e.g. to create a block against internal feelings of guilt or shame). People rationalize f ...
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Denial
Denial, in ordinary English usage, has at least three meanings: asserting that any particular statement or allegation is not true (which might be accurate or inaccurate); the refusal of a request; and asserting that a true statement is not true. In psychology, denialism is a person's choice to deny reality as a way to avoid a psychologically uncomfortable truth. In psychoanalytic theory, denial is a defense mechanism in which a person is faced with a fact that is too uncomfortable to accept and rejects it instead, insisting that it is not true despite what may be overwhelming evidence. The concept of denial is important in twelve-step programs where the abandonment or reversal of denial that substance dependence is problematic forms the basis of the first, fourth, fifth, eighth and tenth steps. People who are exhibiting symptoms of a serious medical condition sometimes deny or ignore those symptoms because the idea of having a serious health problem is uncomfortable or distur ...
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Intention
Intentions are mental states in which the agent commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the ''attitude'' towards this content. Other mental states can have action plans as their content, as when one admires a plan, but differ from intentions since they do not involve a practical commitment to realizing this plan. Successful intentions bring about the intended course of action while unsuccessful intentions fail to do so. Intentions, like many other mental states, have intentionality: they represent possible states of affairs. Theories of intention try to capture the characteristic features of intentions. The ''belief-desire theory'' is the traditionally dominant approach. According to a simple version of it, having an intention is nothing but having a desire to perform a certain action and a belief that one will perform this actio ...
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Perpetrator Studies
Perpetrator studies is a nascent interdisciplinary, scholarly field of research into the perpetrators of mass killings and/or political violence. It is covered in ''Journal of Perpetrator Research'' and other publications. Anthropologists, historians and political scientists are among those who have made contributions to the field. While the study of perpetrators has not been shown the same level of scholarly interest as studies of victims, some noteworthy studies have explored the actions and viewpoints of perpetrators, as well as the "processes through which genocide took shape" that have contributed to what scholars view as a phenomenon of mostly "ordinary people" becoming highly motivated to commit collective atrocities. See also *International criminal law * Perpetrator trauma References {{reflist Further reading * Bibliography of Genocide studies This is a select annotated bibliography of scholarly English language books (including translations) and journal articles abo ...
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