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Mute Of Malice
A mute of malice is a defendant in a criminal case who willfully chooses not to speak, as opposed to one who does not speak because he is physically or psychologically unable to do so. In British jurisprudence, a separate trial is held before the main trial to determine whether the defendant is mute of malice or mute due to "visitation of God". In the past, if he was found by the jury to be mute of malice, he would be tortured until he spoke or died (see ''Peine forte et dure''). In a criminal trial in Oxford Crown Court in 2023, the defendant was a litigant in person who refused to speak in court, whom the jury first found mute of malice, and the following day found guilty of the criminal charge. The instructing judge said it was the first instance in his 40-year career; that mute of malice meant the defendant "is deliberately faking his inability to speak", and that mute due to visitation of God did not mean that "a deity has descended upon us and struck him down". In th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aphasia
Aphasia, also known as dysphasia, is an impairment in a person's ability to comprehend or formulate language because of dysfunction in specific brain regions. The major causes are stroke and head trauma; prevalence is hard to determine, but aphasia due to stroke is estimated to be 0.1–0.4% in developed countries. Aphasia can also be the result of brain tumors, epilepsy, autoimmune neurological diseases, brain infections, or neurodegenerative diseases (such as dementias). To be diagnosed with aphasia, a person's language must be significantly impaired in one or more of the four aspects of communication. In the case of progressive aphasia, a noticeable decline in language abilities over a short period of time is required. The four aspects of communication include spoken language production, spoken language comprehension, written language production, and written language comprehension. Impairments in any of these aspects can impact functional communication. The difficulties o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aphonia
Aphonia is defined as the inability to produce voiced sound. This may result from damage, such as surgery (e.g., thyroidectomy) or a tumor, or can be a result of psychological means. Aphonia means "no sound.” In other words, a person with this disorder has lost their voice and is unable to communicate vocally. Causes Injuries are often the cause of aphonia. Minor injuries can affect the second and third dorsal area in such a manner that the lymph patches concerned with coordination become either atrophic or relatively nonfunctioning. Tracheotomy can also cause aphonia. Any injury or condition that prevents the vocal cords - the paired bands of muscle tissue positioned over the trachea - from coming together and vibrating will have the potential to make a person unable to speak. When a person prepares to speak, the vocal folds come together over the trachea and vibrate due to the airflow from the lungs. This mechanism produces the sound of the voice. If the vocal folds cannot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Muteness
In human development, muteness or mutism is defined as an absence of speech, with or without an ability to hear the speech of others. Mutism is typically understood as a person's inability to speak, and commonly observed by their family members, caregivers, teachers, doctors or speech and language pathologists. It may not be a permanent condition, as muteness can be Cause (medicine), caused or manifest due to several different phenomena, such as physiological injury, illness, medical side effects, psychological trauma, Developmental disorder, developmental disorders, or Neurological disorder, neurological disorders. A specific physical disability or communication disorder can be more easily diagnosed. Loss of previously normal speech (aphasia) can be due to accidents, disease, or surgical complication; it is rarely for Psychology, psychological reasons. Treatment or management also varies by cause and this can often be determined after a speech assessment. Treatment can sometimes r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peine Forte Et Dure
' ( Law French for "hard and forceful punishment") was a method of torture formerly used in the common law legal system, in which a defendant who refused to plead ("stood mute") would be subjected to having heavier and heavier stones placed upon their chest until a plea was entered, or death resulted. Many defendants charged with capital offences would refuse to plead in order to avoid forfeiture of property. If the defendant pleaded either guilty or not guilty and was executed, their heirs would inherit nothing, their property escheating to the state. If they refused to plead their heirs would inherit their estate, even if they died in the process. Legal background At the beginning of the thirteenth century, criminal cases in England could be tried either by ordeal or by judicial combat. Priests were involved in trials by ordeal, e.g. in heating the iron which the accused had to hold (and possibly letting it cool before the accused had to seize it). In 1215 the Fourth Latera ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford Crown Court
The Oxford Combined Court Centre is a Crown Court venue, which deals with criminal cases, as well as a County Court venue, which deals with civil cases, in St Aldate's, Oxford, England. History The building was commissioned by the then Sir William Morris (later created Viscount Nuffield) as a showroom for his motor vehicle manufacturing company, Morris Motors, which had been established in 1912. Morris initially displayed his new vehicles in an existing property at 36–37 Queen Street, but, in the early 1930s, he decided to erect a purpose-built showroom; the site he selected on the west side of St Aldate's had been occupied by a row of terraced houses. The new showroom was designed by Henry Smith in the neoclassical style, built in yellow ashlar stone and was completed in 1932. The design involved a symmetrical main frontage of nine bays facing onto St Aldate's with the end pays projected forward as pavilions. The central bay featured, on the ground floor, an opening with th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litigant In Person
In England and Wales, a litigant in person is an individual, company or organisation that has rights of audience (this is, the right to address the court) and is not represented in a court of England and Wales by a solicitor or barrister. Instructing a barrister and not a solicitor, for example through the Public Access Scheme, however, does not prevent the party on whose behalf the barrister had been instructed from being a litigant in person. It is possible nevertheless for litigants in England and Wales to obtain free legal advice and in some cases representation from the Citizens Advice Bureau (CAB). The term ''litigant in person'' is also used in the similar (but separate) legal systems of Irish law and Northern Irish law. The equivalent in Scotland is a party litigant and in the United States is ''pro se'' legal representation. The right to defend oneself in person or through chosen legal assistance is provided for in Article 6 of the European Convention on Human Rig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Instructions
Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. They are an important procedural step in a trial by jury, and as such are a cornerstone of criminal process in many common law countries. The purpose of instructions are to inform the jury about the legal principles and standards that they must apply in order to reach a verdict. This ensures that criminal trials are fair and lawful. They are typically delivered after closing arguments, but sometimes may be delivered mid-trial if necessary. In some cases, the instructions given by a judge to the jury are incorrect, which may (depending on the issue) result in a mistrial. Content of jury instructions Jury instructions often cover the following issues: *Introduction to the trial process: An overview of the trial process, the roles of the judge, jury, attorneys, and witnesses, and the importance of the jury's role in the legal system. *Explanation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Netherlands
, Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Netherlands. The Netherlands consists of Provinces of the Netherlands, twelve provinces; it borders Germany to the east and Belgium to the south, with a North Sea coastline to the north and west. It shares Maritime boundary, maritime borders with the United Kingdom, Germany, and Belgium. The official language is Dutch language, Dutch, with West Frisian language, West Frisian as a secondary official language in the province of Friesland. Dutch, English_language, English, and Papiamento are official in the Caribbean Netherlands, Caribbean territories. The people who are from the Netherlands is often referred to as Dutch people, Dutch Ethnicity, Ethnicity group, not to be confused by the language. ''Netherlands'' literally means "lower countries" i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Silence
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems. The right covers a number of issues centered on the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. This can be the right to avoid self-incrimination or the right to remain silent when questioned. The right may include the provision that adverse inferences cannot be made by the judge or jury regarding the refusal by a defendant to answer questions before or during a trial, hearing or any other legal proceeding. This right constitutes only a small part of the defendant's rights as a whole. The origin of the right to silence is attributed to Sir Edward Coke's challenge to the ecclesiastical courts and their ''e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-incrimination
In criminal law, self-incrimination is the act of making a statement that exposes oneself to an accusation of criminal liability or prosecution. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person. In many legal systems, accused criminals cannot be compelled to incriminate themselves—they may choose to speak to police or other authorities, but they cannot be punished for refusing to do so. There are 108 countries and jurisdictions that currently issue legal warnings to suspects, which include the right to remain silent and the right to legal counsel. These laws are not uniform across the world; however, members of the European Union have developed their laws around the EU's guide. Australia A limited right against self-incrimination exists at com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Black's Law Dictionary
''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West Publishing, with the full title ''A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems''. A second edition was published in 1910 as ''A Law Dictionary''. Black died in 1927 and future editions were titled ''Black's Law Dictionary''. The sixth and earlier editions of the book additionally provided case citations for the term cited, which was viewed by lawyers as its most useful feature, providing a useful starting point with leading cases. The development of the Internet made lega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
