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State V. Pike
''State v. Pike'', 49 N.h. 399 (1869), is a criminal case which articulated a product test for an insanity defense.Insanity, 2 Encyclopedia of Crime and Justice 736-40 (1983); Abraham Goldstein The court in '' Durham v. United States'' used it as the basis for what came to be known as the Durham rule A Durham rule, product test, or product defect rule is a rule in a criminal case by which a jury may determine a defendant is not guilty by reason of insanity because a criminal act was the product of a mental disease. Examples in which such rule .... References United States criminal case law Insanity-related case law Mental health case law in the United States Law articles needing an infobox 1869 in United States case law {{US-case-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Case
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 Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Product Test
A Durham rule, product test, or product defect rule is a rule in a criminal case by which a jury may determine a defendant is not guilty by reason of insanity because a criminal act was the product of a mental disease. Examples in which such rules were articulated in common law include ''State v. Pike'' (1869) and '' Durham v. United States'' (1954).''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> In ''Pike'', the court wrote, "An accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect." The ''Durham'' rule was abandoned in the case ''United States v. Brawner'', 471 F.2d 969 (1972). After the 1970s, U.S. jurisdictions have tended to not recognize this argument as it places emphasis on "mental disease or defect" and thus on testimony by psychiatrists and is argued to be somewhat ambiguous. The problem with the "product test" was that it gav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insanity Defense
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 an episodic 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 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 natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Durham V
Durham most commonly refers to: * Durham, England, a cathedral city and the county town of County Durham * County Durham, an English county *Durham County, North Carolina, a county in North Carolina, United States * Durham, North Carolina, a city in North Carolina, United States Durham may also refer to: Places Australia *Durham, Queensland, an outback locality in the Bulloo Shire of Queensland *Durham Ox, Victoria *Durham Lead, Victoria, a locality in the City of Ballarat Canada *Durham, Nova Scotia *Durham, Ontario, a small town in Grey County, Ontario *Durham County, Ontario, a historic county *Regional Municipality of Durham, a regional government in the Greater Toronto Area of Ontario **Durham (electoral district), a federal electoral district in Durham Region **Durham (provincial electoral district), a provincial electoral district in Durham Region *Durham Bridge, New Brunswick * Durham Parish, New Brunswick *Durham-Sud, Quebec (also known as South Durham) United Kingdom * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Durham Rule
A Durham rule, product test, or product defect rule is a rule in a criminal case by which a jury may determine a defendant is not guilty by reason of insanity because a criminal act was the product of a mental disease. Examples in which such rules were articulated in common law include '' State v. Pike'' (1869) and '' Durham v. United States'' (1954).''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> In ''Pike'', the court wrote, "An accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect." The ''Durham'' rule was abandoned in the case '' United States v. Brawner'', 471 F.2d 969 (1972). After the 1970s, U.S. jurisdictions have tended to not recognize this argument as it places emphasis on "mental disease or defect" and thus on testimony by psychiatrists and is argued to be somewhat ambiguous. The problem with the "product test" was that it g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Criminal Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Health Case Law In The United States
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Mental may refer to: * of or relating to the mind Films * ''Mental'' (2012 film), an Australian comedy-drama * ''Mental'' (2016 film), a Bangladeshi romantic-action movie * ''Mental'', a 2008 documentary by Kazuhiro Soda * ''Mental'', a 2014 Odia language remake of the 2010 Telugu film ''Seeta Ramula Kalyanam'' * ''Jai Ho'', a 2014 Indian action drama film originally titled ''Mental'' Other uses * ''Mental'' (TV series), a 2009 TV series produced by Fox Telecolombia * ''Mental'' (album), a 2014 album by KJ-52 *"Mental", a song by Eels from their 1996 album ''Beautiful Freak'' See also * * Mental disability (other) * Mental foramen, an opening on the anterior surface of the mandible * Mental health Mental health encompasses emotional, psychological, and social well-being, influencing cognition, perception, and behavior. It likewise determines how an individual handles stress, interpersonal relationships, and decision-making. Mental hea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Articles Needing An Infobox
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
