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Gay Panic Defense
The gay panic defense or homosexual advance defense is a victim blaming strategy of legal defense, which refers to a situation in which a heterosexual individual charged with a violent crime against a same-sex attracted individual claims they lost control and reacted violently because of an unwanted sexual advance that was made upon them. A defendant will use available legal defenses against assault and murder, with the aim of seeking an acquittal, a mitigated sentence, or a conviction of a lesser offense. A defendant may allege to have found the same-sex sexual advances so offensive or frightening that they were provoked into reacting, were acting in self-defense, were of diminished capacity, or were temporarily insane, and that this circumstance is exculpatory or mitigating. The is a closely related legal strategy applied in cases of assault or murder of a transgender individual whom the assailant(s) had engaged with, or were close to engaging with, in sexual relations, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homosexual Panic Disorder
"Homosexual panic" is a term coined by American psychiatrist Edward J. Kempf in 1920 for a condition of "panic due to the pressure of uncontrollable perverse sexual cravings". Kempf classified this condition as an acute pernicious dissociative disorder, meaning that it involved a disruption in typical perception and memory functions of an individual. In the psychiatrist's honour, the condition has come to also be known as "Kempf's disease". Although homosexuality itself was removed from the APA's DSM in 1973, some form of homosexual panic was retained in the manual until the release of DSM-V in 2013. Signs and symptoms In his case studies, Kempf recorded a variety of symptoms that his patients presented with. Psychotic symptoms included hallucinations and delusions, especially those of persecution. Kempf cites Case PD-14, who insisted he had been framed for his behavior and accused his shipmates of conspiring to harm or kill him. Somatic symptoms were also common, including ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homosexual Panic
"Homosexual panic" is a term coined by American psychiatrist Edward J. Kempf in 1920 for a condition of " panic due to the pressure of uncontrollable perverse sexual cravings". Kempf classified this condition as an acute pernicious dissociative disorder, meaning that it involved a disruption in typical perception and memory functions of an individual. In the psychiatrist's honour, the condition has come to also be known as "Kempf's disease". Although homosexuality itself was removed from the APA's DSM in 1973, some form of homosexual panic was retained in the manual until the release of DSM-V in 2013. Signs and symptoms In his case studies, Kempf recorded a variety of symptoms that his patients presented with. Psychotic symptoms included hallucinations and delusions, especially those of persecution. Kempf cites Case PD-14, who insisted he had been framed for his behavior and accused his shipmates of conspiring to harm or kill him. Somatic symptoms were also common, includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victim Blaming
Victim blaming occurs when the victim of a crime or any wrongful act is held entirely or partially at fault for the harm that befell them. There is historical and current prejudice against the victims of domestic violence and sex crimes, such as the greater tendency to blame victims of rape than victims of robbery if victims and perpetrators knew each other prior to the commission of the crime. The Gay Panic Defense has been characterized as a form of victim blaming. Coining of the phrase Psychologist William Ryan (psychologist), William Ryan coined the phrase "blaming the victim" in his 1971 book of that title. In the book, Ryan described victim blaming as an ideology used to justify racism and social injustice against African American, black people Racism in the United States, in the United States. Ryan wrote the book to refute Daniel Patrick Moynihan's 1965 work ''The Negro Family: The Case for National Action'' (usually simply referred to as the Moynihan Report). Moynihan had ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Bar Association
The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 24.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. In 2016, about one third of the 1.3 million practicing lawyers in the U.S. were included in the ABA membership of 400,000, with figures largely unchanged in 2024. The organization's national headquarters are in Chicago, Illinois, with a branch office in Washington, D.C.. The association is affiliated with the law, legal, and professional research sponsoring organization the American Bar Foundation. History The ABA wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diminished Responsibility
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 that t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Irresistible Impulse
In criminal law, irresistible impulse is a defense by excuse, in this case some sort of insanity, in which the defendant argues that they should not be held criminally liable for their actions that broke the law, because they could not control those actions, even if they knew them to be wrong. It was added to the M'Naghten rule as a basis for acquittal in the mid 20th century. In 1994, Lorena Bobbitt was found not guilty when her defense argued that an irresistible impulse led her to cut off her husband's penis. The ''Penal Code'' of the U.S. state of California states (2002), "The defense of diminished capacity is hereby abolished ... there shall be no defense of ... diminished responsibility or irresistible impulse..." The "policeman at the elbow" test is a test used by some courts to determine whether the defendant was insane when they committed a crime. It is a variant of the M'Naghten Rules that addresses the situation in which the defendant knew that what they were going ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insanity Defense
The insanity defense, also known as the mental disorder defense, is an affirmative Defense (legal), defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a mental illness, psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation (legal), provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), John Kaplan, Robert Weisberg, Guyora Binder, , It is also contrasted with the Justification (jurisprudence), justification of Self-defense, self defense or with the mitigation of imperfect self-defense. The insanity defense is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil case, civil finding in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imperfect Self Defense
Imperfect self-defense is a common law doctrine recognized by some jurisdictions whereby a defendant may mitigate punishment or sentencing imposed for a crime involving the use of deadly force by claiming, as a partial affirmative defense, the honest but unreasonable belief that the actions were necessary to counter an attack. Not all jurisdictions accept imperfect self-defense as a basis to reduce a murder charge. (Self-Defense). * Self-defense: A ''perfect'' argument of self-defense proves all elements of self-defense, and results in the defendant's acquittal. If a defendant proves imperfect self-defense, the defendant will be convicted of a lesser homicide charge, such as voluntary manslaughter. * Imperfect self-defense: The concept of ''imperfect'' self-defense is that, although not all elements of self-defense were proved, extenuating circumstances nonetheless ''partially'' excuse the act that caused death. Examples The doctrine of imperfect self-defense has been defined as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-defense
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of Force (law), force in times of danger is available in many jurisdictions. Physical Physical self-defense is using physical force to counter an immediate threat of violence. Such force can be either armed or unarmed. In either case, the chances of success depend on various parameters, related to the severity of the threat on one hand, but also on the mental and physical preparedness of the defender. Unarmed Many martial arts styles are practiced for self-defense or include self-defense techniques. Some styles train primarily for self-defense, while other combat sports can be effectively applied for self-defense. Some martial arts teach how to escape from a knife or gun situation or how to break away from a punch, while others teach how to attack. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provocation (legal)
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice ( malice aforethought).Criminal Law Cases and Materials, 7th ed 2012; John Kaplan, Robert Weisberg, Guyora Binder It "affects the quality of the actor's state of mind as an indicator of moral blameworthiness."Model Penal Codes Commentaries to §210.3 Manslaughter Provocation is often a mitigating factor in sentencing. It rarely serves as a legal defense, meaning it does not stop the defendant from being guilty of the crime. It may however, lead to a lesser punishment. In some common law legal systems, provocation is a " partial defense" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary mansla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Psychiatric Association
The American Psychiatric Association (APA) is the main professional organization of psychiatrists and trainee psychiatrists in the United States, and the largest psychiatric organization in the world. It has more than 39,200 members who are involved in psychiatric practice, research, and academia representing a diverse population of patients in more than 100 countries. The association publishes various journals and pamphlets, as well as the ''Diagnostic and Statistical Manual of Mental Disorders'' (DSM). The DSM codifies psychiatric conditions and is used mostly in the United States as a guide for diagnosing mental disorders. The organization has its headquarters in Washington, D.C. History At a meeting in 1844 in Philadelphia, thirteen superintendents and organizers of insane asylums and hospitals formed the Association of Medical Superintendents of American Institutions for the Insane (AMSAII). The group included Thomas Kirkbride, creator of the asylum model which was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
DSM-1
The ''Diagnostic and Statistical Manual of Mental Disorders'' (''DSM''; latest edition: ''DSM-5-TR'', published in March 2022) is a publication by the American Psychiatric Association (APA) for the classification of mental disorders using a common language and standard criteria. It is an internationally accepted manual on the diagnosis and treatment of mental disorders, though it may be used in conjunction with other documents. Other commonly used principal guides of psychiatry include the International Classification of Diseases (ICD), Chinese Classification of Mental Disorders (CCMD), and the ''Psychodynamic Diagnostic Manual''. However, not all providers rely on the DSM-5 as a guide, since the ICD's mental disorder diagnoses are used around the world, and scientific studies often measure changes in symptom scale scores rather than changes in DSM-5 criteria to determine the real-world effects of mental health interventions. It is used by researchers, psychiatric drug regulati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
