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Urban Survival Syndrome
The urban survival syndrome, in United States jurisprudence, can be used either as a defense of justification or of excuse. The first case using, unsuccessfully, the defense of " urban survival syndrome" is the 1994 Fort Worth, Texas murder trial of Daimion Osby. The use of the urban survival syndrome as a defense to criminal charges followed the success of the battered woman syndrome defense in '' State v. Kelly'' (1984), which was based on the acceptance that the presence of such a syndrome may cause the defendant, a victim of domestic violence, to reasonably believe she was in peril and was therefore justified in using deadly force, given the circumstances. Defense As an excuse defense, the urban survival syndrome is presented as a version of the abuse defense. Here an individual experiencing the daily life of racial segregation and violence common in many inner cities in the United States causes a subjective state equivalent to that caused by survival in a violent battlegro ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ...
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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 Queen'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 fo ...
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Subjectivity
Subjectivity in a philosophical context has to do with a lack of objective reality. Subjectivity has been given various and ambiguous definitions by differing sources as it is not often the focal point of philosophical discourse.Bykova, Marina F. (February 2018). "On the Problem of Subjectivity: Editor's Introduction". ''Russian Studies in Philosophy''. 56: 1-5 - via EBSCOhost. However, it is related to ideas of consciousness, agency, personhood, philosophy of mind, reality, and truth. Three common definitions include that subjectivity is the quality or condition of: * Something being a ''subject'', narrowly meaning an individual who possesses conscious experiences, such as perspectives, feelings, beliefs, and desires. Solomon, Robert C. "Subjectivity," in Honderich, Ted. '' Oxford Companion to Philosophy (Oxford University Press, 2005), p.900. * Something being a ''subject'', broadly meaning an entity that has agency, meaning that it acts upon or wields power over some other ...
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Rapid Transit
Rapid transit or mass rapid transit (MRT), also known as heavy rail or metro, is a type of high-capacity public transport generally found in urban areas. A rapid transit system that primarily or traditionally runs below the surface may be called a subway, tube, or underground. Unlike buses or trams, rapid transit systems are railways (usually electric railway, electric) that operate on an exclusive right-of-way (transportation), right-of-way, which cannot be accessed by pedestrians or other vehicles, and which is often grade-separated in tunnels or on elevated railways. Modern services on rapid transit systems are provided on designated lines between rapid transit station, stations typically using electric multiple units on rail tracks, although some systems use guided rubber tires, magnetic levitation (''maglev''), or monorail. The stations typically have high platforms, without steps inside the trains, requiring custom-made trains in order to minimize gaps between train a ...
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New York City
New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the United States, and is more than twice as populous as second-place Los Angeles. New York City lies at the southern tip of New York State, and constitutes the geographical and demographic center of both the Northeast megalopolis and the New York metropolitan area, the largest metropolitan area in the world by urban landmass. With over 20.1 million people in its metropolitan statistical area and 23.5 million in its combined statistical area as of 2020, New York is one of the world's most populous megacities, and over 58 million people live within of the city. New York City is a global cultural, financial, entertainment, and media center with a significant influence on commerce, health care and life sciences, research, technology, educa ...
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Bernhard Goetz
On December 22, 1984, Bernhard Goetz () shot four young men on a New York City Subway train in Manhattan after they allegedly tried to rob him. Goetz surrendered to police nine days later and was charged with attempted murder, assault, reckless endangerment, and several firearms offenses. Initially, Goetz was viewed by most as a victim and by some as a vigilante, and he received widespread public recognition and support. A grand jury refused to indict Goetz on the more serious charges, voting indictments only for criminal gun possession. However, public opinion about Goetz wavered due to statements and alleged damaging details of the incident that later were released by the prosecution. Goetz was then re-indicted by a second grand jury on more serious charges. At a later jury trial, he was found guilty of one count of carrying an unlicensed firearm, for which he served eight months of a one-year sentence. In 1996, Darrell Cabey, one of those Goetz shot and who was left parapleg ...
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People V
A person ( : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, or legal responsibility. The defining features of personhood and, consequently, what makes a person count as a person, differ widely among cultures and contexts. In addition to the question of personhood, of what makes a being count as a person to begin with, there are further questions about personal identity and self: both about what makes any particular person that particular person instead of another, and about what makes a person at one time the same person as they were or will be at another time despite any intervening changes. The plural form "people" is often used to refer to an entire nation or ethnic group (as in "a people"), and this was the original meaning of the word; it subsequently acquired its use as a plural form of per ...
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New Mexico Court Of Appeals
The New Mexico Court of Appeals (in case citation, N.M. Ct. App.) is the intermediate-level appellate court for the state of New Mexico. History The court of appeals was created by a constitutional amendment submitted to the electorate in a special election held on September 28, 1965. The original enabling legislation established a court consisting of four judges. The court was expanded to five judges in 1972 and seven judges in 1978. In 1991, it was again expanded to ten judges, where it remains today. Jurisdiction The court has general appellate jurisdiction over the state district courts and certain state agencies. The only exceptions to this grant of jurisdiction are: *criminal cases in which the death penalty or life imprisonment is sought,See N.M. Const. Art. XI, section 2 ("Appeals from a judgment of the district court imposing a sentence of death or life imprisonment shall be taken directly to the supreme court."). *Appeals from the Public Regulation Commission, ...
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Social Psychologist
Social psychology is the scientific study of how thoughts, feelings, and behaviors are influenced by the real or imagined presence of other people or by social norms. Social psychologists typically explain human behavior as a result of the relationship between mental states and social situations, studying the social conditions under which thoughts, feelings, and behaviors occur, and how these variables influence social interactions. History Although issues in social psychology have been discussed in philosophy for much of human history, the scientific discipline of social psychology formally began in the late 19th to early 20th century. 19th century In the 19th century, social psychology began to emerge from the larger field of psychology. At the time, many psychologists were concerned with developing concrete explanations for the different aspects of human nature. They attempted to discover concrete cause-and-effect relationships that explained social interactions. In orde ...
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Assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from batt ...
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