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People V. Drew
''People v. Drew'', (1978), was a case decided by the California Supreme Court that abandoned the M'Naghten Rules of the criminal insanity defense in favor of the formulation in the Model Penal Code. The decision was later abrogated by Proposition 8 Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment intended to ban same-sex marriage. It passed in the November 2008 California state elections and was later overturned by the ... in 1982, which restored the M'Naghten rules.''The Insanity Defense''. Loyola of Los Angeles Law Review, Vol. 36, 1596. 2004. References {{reflist U.S. state criminal case law 1978 in United States case law Supreme Court of California case law 1978 in California ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
M'Naghten Rules
The M'Naghten rule(s) (pronounced, and sometimes spelled, McNaughton) is a legal test (law), test defining the Insanity defense, defence of insanity that was formulated by the House of Lords in 1843. It is the established standard in UK criminal law. Versions have been adopted in some US states, currently or formerly, and other jurisdictions, either as case law or by statute. Its original wording is a proposed jury instruction: The rule was created in reaction to the acquittal in 1843 of Daniel M'Naghten on the charge of murdering Edward Drummond. M'Naghten had shot Drummond after mistakenly identifying him as the British Prime Minister Robert Peel, who was the intended target. The acquittal of M'Naghten on the basis of insanity, a hitherto unheard-of defence ''per se'' in modern form, caused a public uproar, with protests from the establishment and the press, even prompting Queen Victoria to write to Robert Peel calling for a "wider interpretation of the verdict". The House o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Insanity
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act. This is contrasted with an excuse of 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, Robert Weisberg, Guyora Binder, , It is also contrasted with the justification of 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 finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. The chief reporter on the project was Herbert Wechsler, and contributors included Sanford Kadish and numerous other noted criminal law scholars, prosecutors, and defense lawyers.Wechsler (1952)Dubber (2015, pp. 7-10). The ALI performed an examination of the penal system in the U.S. and the prohibitions, sanctions, excuses, and authority used throughout in order to arrive at a cohesive synthesis to the extent possible, and the best rules for the penal system in the United States. Primary responsibility for criminal law lies with the individual states, which over the years led to great inconsistency among the various state penal codes. The MPC was meant to be a comprehensive criminal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rose Bird
Rose Elizabeth Bird (November 2, 1936 – December 4, 1999) was the 25th Chief Justice of the California Supreme Court. She was the first female law clerk of the Nevada Supreme Court, the first female deputy public defender in Santa Clara County, California, Santa Clara County, the first woman to serve in the California State Cabinet, and the first female Chief Justice of California. She was also notable as the first, and to date only, Chief Justice in California history Retention election#California, to lose a retention election. Early life and education Bird was born near Tucson, Arizona, on November 2, 1936. Her father, Harry Bird, was the grandson of English immigrants and her mother, Anne (née Walsh), was Irish American. She had two older brothers. Her father deserted the family and died when she was five. Her mother moved the family to New York City, where Bird and her brothers grew up in poverty. She was a standout scholar in high school and won a scholarship to Long ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mathew Tobriner
Mathew Oscar Tobriner (April 2, 1904 – April 7, 1982) was an American lawyer and law professor who served as an associate justice of the California Supreme Court from 1962 to 1982. Early life and education A native of San Francisco, Tobriner was educated at Lowell High School and was a member of its famed Lowell Forensic Society, the nation's oldest high school debate team. He attended Stanford University, and in 1924 received his A.B. degree with ''Phi Beta Kappa'' honors, and the next year his M.A. In 1927, he graduated from Harvard Law School ''magna cum laude'' and Order of the Coif with a LL.B. In April 1928, he was admitted before the California Bar. He continued his graduate studies at the University of California, Berkeley, where he was awarded a Doctor of Juridical Science in 1932. Legal and judicial career After law school, Tobriner entered private practice and specialized in labor law. In 1928, he founded the firm of Tobriner, Lazarus, Brundage & Neyhart, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stanley Mosk
Morey Stanley Mosk (September 4, 1912 – June 19, 2001) was an American jurist, politician, and attorney. He served as Associate Justice of the California Supreme Court for 37 years (1964–2001), the longest tenure in that court's history. Before sitting on the Supreme Court, he served as Attorney General of California and as a trial court judge. Early life and career Mosk was born in San Antonio, Texas. His family moved to Rockford, Illinois when he was three years old. His parents Paul and Minna (née Perl) Mosk were Reform Judaism, Reform Jews (of Hungarian Jews, Hungarian and German Jews, German origin, respectively) who did not believe in strict religious observances. Since Rockford sits next to the Wisconsin border, Mosk's parents followed Wisconsin politics and were strong supporters of Progressive Wisconsin Senator Robert M. La Follette. Mosk's life was strongly affected by the Great Depression in the United States, Great Depression. Mosk graduated from the Univ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William P
William is a masculine given name of Germanic languages, Germanic origin. It became popular in England after the Norman Conquest, Norman conquest in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will (given name), Will or Wil, Wills, Willy, Willie, Bill (given name), Bill, Billie (given name), Billie, and Billy (name), Billy. A common Irish people, Irish form is Liam. Scottish people, Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie). Female forms include Willa, Willemina, Wilma (given name), Wilma and Wilhelmina (given name), Wilhelmina. Etymology William is related to the German language, German given name ''Wilhelm''. Both ultimately descend from Proto-Germanic ''*Wiljahelmaz'', with a direct cognate also in the Old Norse name ''Vilhjalmr'' and a West Germanic borrowing into Medieval Latin ''Wil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frank K
Frank, FRANK, or Franks may refer to: People * Frank (given name) * Frank (surname) * Franks (surname) * Franks, a Germanic people in late Roman times * Franks, a term in the Muslim world for all western Europeans, particularly during the Crusades Currency * Liechtenstein franc or frank, the currency of Liechtenstein since 1920 * Swiss franc or frank, the currency of Switzerland since 1850 * Westphalian frank, currency of the Kingdom of Westphalia between 1808 and 1813 * The currencies of the German-speaking cantons of Switzerland (1803–1814): ** Appenzell frank ** Aargau frank ** Basel frank ** Berne frank ** Fribourg frank ** Glarus frank ** Graubünden frank ** Luzern frank ** Schaffhausen frank ** Schwyz frank ** Solothurn frank ** St. Gallen frank ** Thurgau frank ** Unterwalden frank ** Uri frank ** Zürich frank Places * Frank, Alberta, Canada, an urban community, formerly a village * Franks, Illinois, United States, an unincorporated community * Franks, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wiley Manuel
Wiley William Manuel (August 28, 1927–January 5, 1981) was an associate justice of the Supreme Court of California from 1977 to 1981 and the first African American to serve on the high court. Biography Manuel was born in Oakland, California, grew up near Ward and Dohr Streets in South Berkeley, and was educated in the public schools. After graduating in 1945 from Berkeley High School he studied at the University of California, Berkeley. Then he attended Hastings College of Law and in 1953 received his LL.B. degree with Order of the Coif honors. He also served as Editor-in-Chief of the '' Hastings Law Journal''. Following law school, Manuel worked for 23 years in the California Attorney General's office, rising to chief assistant attorney general in the San Francisco office. In March 1956, then-Deputy Attorney General Manuel announced that municipalities adding fluoride to public drinking water cannot be charged with practicing dentistry. In January 1976, Governor Jerry ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frank C
Frank, FRANK, or Franks may refer to: People * Frank (given name) * Frank (surname) * Franks (surname) * Franks, a Germanic people in late Roman times * Franks, a term in the Muslim world for all western Europeans, particularly during the Crusades Currency * Liechtenstein franc or frank, the currency of Liechtenstein since 1920 * Swiss franc or frank, the currency of Switzerland since 1850 * Westphalian frank, currency of the Kingdom of Westphalia between 1808 and 1813 * The currencies of the German-speaking cantons of Switzerland (1803–1814): ** Appenzell frank ** Aargau frank ** Basel frank ** Berne frank ** Fribourg frank ** Glarus frank ** Graubünden frank ** Luzern frank ** Schaffhausen frank ** Schwyz frank ** Solothurn frank ** St. Gallen frank ** Thurgau frank ** Unterwalden frank ** Uri frank ** Zürich frank Places * Frank, Alberta, Canada, an urban community, formerly a village * Franks, Illinois, United States, an unincorporated community ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Proposition 8 (1982)
Proposition 8 (or The Victims' Bill of Rights), a law enacted by California voters on 8 June 1982 by the initiative process, restricted the rights of convicts and those suspected of crimes and extended the rights of victims. To do so, it amended the California Constitution and ordinary statutes. Provisions The Victims' Bill of Rights declared its purpose as to ensure that: Amendment of the constitution The Victim's Bill of Rights added Section 28 to Article 1 of the constitution. This section has since been substantially added to and amended by Marsy's Law, enacted in 2008. Section 28 granted victims of crime the right to restitution from the perpetrator unless there were "compelling and extraordinary reasons" to the contrary. It also conferred a right to school safety; it reads "All students and staff of public primary, elementary, junior high and senior high schools have the inalienable right to attend campuses which are safe, secure and peaceful". Section 28 introduced a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any Californi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
