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Ross V HM Advocate
''Ross v HM Advocate'is a leading Scots criminal case that concerns automatism as defence. The High Court of Justiciary clarified the rules for an accused to successfully argue automatism as a defence to a criminal charge. Background Ross had been drinking beer from a can. Without his knowledge, five or six tablets of temazepam and some of LSD was put into his can. He ended up consuming the drugs alongside the beer. Thirty minutes after having consumed the drink, he started screaming and indiscriminately attacking other people with a knife. Several people were severely injured. Ross resisted arrest by the police and stopped screaming only after they had handcuffed him. He continued to struggle until he was taken to a hospital and administered a sedative drug. The High Court at Glasgow tried Ross for various charges including nine counts of assault and seven counts of attempted murder. The jury found Ross guilty on several of the charges but found that while he committed ...
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High Court Of Justiciary
The High Court of Justiciary () is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi. The president of the High Court is the Lord Justice General, who holds office ''ex officio'' by virtue of being Lord President of the Court of Session, and his depute is the ...
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Temazepam
Temazepam, sold under the brand name Restoril among others, is a medication of the benzodiazepine class which is generally used to treat severe or debilitating insomnia. It is taken by mouth. Temazepam is rapidly absorbed, and significant hypnotic and anxiolytic effects begin in less than 30 minutes and can last for up to eight hours. Prescriptions for hypnotics such as temazepam have seen a dramatic decrease since 2010, while anxiolytics such as alprazolam, clonazepam, and lorazepam have increased or remained stable. Temazepam and similar hypnotics, such as triazolam (Halcion) are generally reserved for severe and debilitating insomnia. They have largely been replaced by z-drugs ( zopiclone, zolpidem) and atypical antidepressants ( trazodone, mirtazapine) as first line treatment for insomnia. Common side effects include drowsiness, motor and cognitive impairment, lethargy, confusion, euphoria, and dizziness. Serious side effects may include hallucinations, hypotension, res ...
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High Court Of Justiciary Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (Keith Urban album), 2024 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "Hi ...
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BAILII
The British and Irish Legal Information Institute (BAILII, pronounced "Bailey") provides legal information, and especially reports of cases decided by courts, in the United Kingdom generally and the Republic of Ireland. Decisions from England and Wales, the Republic of Ireland, Northern Ireland, Scotland, the European Union, and from the European Court of Human Rights, are put online. It is a partial online database of British and Irish legislation, case law, law reform reports, treaties and some legal scholarship. Background Traditionally, legal information was accessible through a law report, usually written by private individuals or groups. While court judgments have had official reports more recently, historically a court judgment would simply be spoken, and so publication of the precedents built up depended on their record by interested third parties. The Year Books, which recorded judgments from 1268 to 1535, were probably compiled by law students. Other people, like th ...
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Altered State Of Consciousness
An altered state of consciousness (ASC), also called an altered state of mind, altered mental status (AMS) or mind alteration, is any condition which is significantly different from a normal waking state. It describes induced changes in one's mental state, almost always temporary. A synonymous phrase is "altered state of awareness". History By 1892, the expression was in use in relation to hypnosis, though there is an ongoing debate as to whether hypnosis is to be identified as an ASC according to its modern definition. The next retrievable instance, by Max Mailhouse from his 1904 presentation to conference, however, is unequivocally identified as such, as it was in relation to epilepsy, and is still used today. In academia, the expression was used as early as 1966 by Arnold M. Ludwig and brought into common usage from 1969 by Charles Tart. Definitions There is no general definition of an altered state of consciousness, as any definitional attempt would first have to rely ...
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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 ...
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Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil legal liability, liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely Mitigation, mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during ...
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Precedent
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from Civil law (legal system), civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law (legal system), Civil law systems, in contrast, are characterized by comprehensive Code of law, codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and le ...
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Substance Intoxication
Substance intoxication is a transient condition of altered consciousness and behavior associated with recent use of a substance. It is often maladaptive and impairing, but reversible. If the symptoms are severe, the term "substance intoxication delirium" may be used. Slang terms for the state include: getting ''high'' (generic), and being ''stoned'', ''cooked'', or ''fried'' (usually in reference to cannabis). Substance intoxication may often accompany a substance use disorder (SUD); if persistent substance-related problems exist, SUD is the preferred diagnosis. The term "intoxication" in common use most often refers to alcohol intoxication, or drug addiction usually opioids consisting of an overdose; resulting in death. Classification The ICD-10 ''Mental and Behavioural Disorders due to psychoactive substance use'' shows: * F10. alcohol * F11. opioids * F12. cannabinoids * F13. sedatives and hypnotics * F14. cocaine * F15. caffeine * F16. hallucinogens * F17. t ...
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Attempted Murder
Attempted murder is a crime of attempt in various jurisdictions. Canada Section 239 of the ''Criminal Code'' makes attempted murder punishable by a maximum of life imprisonment. If a gun is used, the minimum sentence is four, five or seven years, dependent on prior convictions and relation to organized crime. United Kingdom England and Wales In English criminal law, attempted murder is the crime of simultaneously preparing to commit an unlawful killing and having a specific intention to cause the death of a human being under the King's Peace. The phrase "more than merely preparatory" is specified by the Criminal Attempts Act 1981 to denote the fact that preparation for a crime by itself does not constitute an "attempted crime". In England and Wales, as an " attempt", attempted murder is an offence under section 1(1) of the Criminal Attempts Act 1981 and is an indictable offence which carries a maximum penalty of life imprisonment (the same as the mandatory sentence ...
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Assault
In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery (crime), battery, which is the deliberate use of physical Force (law), force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death. Generally, the common law definitio ...
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Jury Trial
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if a bench trial is actually contemplated in a particular case. In general, the availability of a jury trial if properly demanded has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are of ...
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