This document provides an overview of a course on forensic psychology. It discusses how forensic psychology involves understanding both psychological knowledge and legal principles in order to interact appropriately with legal professionals. It provides examples of topics that may be covered in the course, including different types of criminal defenses (e.g. insanity defense, intoxication defense) and assessments related to competence (e.g. to stand trial). It also discusses the role of forensic psychologists as expert witnesses in translating psychological findings into legal terminology for the courtroom.
Ch 14 Criminal Responsibility and Defensesrharrisonaz
The document discusses criminal responsibility and defenses. It covers topics like insanity, intoxication, infancy, justification, excuse, use of force defenses like self-defense, and reforms to insanity defense laws. Key cases discussed include M'Naghten, Durham test, and Hinckley case which led to reforms placing burden of proof on defendants for insanity pleas.
The document discusses several issues and defences related to criminal law, including insanity and automatism defences. It notes that the burden of proof differs depending on whether the defence or prosecution raises insanity, which may confuse juries. The definition of insanity has also been criticized as outdated and irrelevant. The effectiveness of the verdict of not guilty by reason of insanity is also questioned. Reforms to modernize rules around fitness to plead and legal insanity are needed to make the law consistent with modern psychiatric understanding.
The document discusses various defences that can be used in criminal cases, including denial of the crime, justifications, mental states, mental disorders, intoxication, self-defence, necessity, compulsion/duress, provocation, and battered woman's syndrome. It provides details on the legal requirements and tests for each defence. Key points include that mental disorder can be used as a defence if the accused was unable to appreciate the nature of their actions or know they were wrong. Intoxication is generally not a defence but may be in cases of specific intent or extreme intoxication. Self-defence must use reasonable force, while defence of property allows greater force. Battered woman's syndrome provides context for why an abused
This 3-page document contains definitions and examples of offences and defenses in English Common Law and applies to Commonwealth countries like the UK, NZ and Australia. Useful for beginner Law and Forensic Psychology students.
This document discusses the concept of forensic psychiatry and its implications. Forensic psychiatry deals with the interface between psychiatry and law. It involves determining competency to stand trial, assessing the mental state of prisoners and conducting research related to prisons. Forensic psychiatrists provide expert opinions in legal cases involving issues like criminal responsibility, competency, mental fitness and testamentary capacity. The document outlines Indian laws related to criminal liability, insanity defense, diminished responsibility, consent and civil matters like contracts, marriage, divorce and adoption from a forensic psychiatry perspective.
The document discusses the historical perspective of how mental illness became criminalized. It traces how concepts of insanity developed in law from ancient times through modern legal tests like M'Naghten. The M'Naghten rule established the cognitive right-wrong test for insanity that is still used today. Later tests tried to expand this to include volition, like the irresistible impulse test. The Hinckley trial led to reforms tightening the insanity defense. Current law and practice regarding insanity defenses varies by jurisdiction.
Due process is a fundamental constitutional right that ensures fairness in the criminal justice system. It requires that the government respect all legal rights that are owed to a person according to the fair administration of justice. This includes fair notice of what conduct is prohibited and equal treatment under the law. Due process helps to protect against arbitrary or unfair treatment by the government.
Ch 14 Criminal Responsibility and Defensesrharrisonaz
The document discusses criminal responsibility and defenses. It covers topics like insanity, intoxication, infancy, justification, excuse, use of force defenses like self-defense, and reforms to insanity defense laws. Key cases discussed include M'Naghten, Durham test, and Hinckley case which led to reforms placing burden of proof on defendants for insanity pleas.
The document discusses several issues and defences related to criminal law, including insanity and automatism defences. It notes that the burden of proof differs depending on whether the defence or prosecution raises insanity, which may confuse juries. The definition of insanity has also been criticized as outdated and irrelevant. The effectiveness of the verdict of not guilty by reason of insanity is also questioned. Reforms to modernize rules around fitness to plead and legal insanity are needed to make the law consistent with modern psychiatric understanding.
The document discusses various defences that can be used in criminal cases, including denial of the crime, justifications, mental states, mental disorders, intoxication, self-defence, necessity, compulsion/duress, provocation, and battered woman's syndrome. It provides details on the legal requirements and tests for each defence. Key points include that mental disorder can be used as a defence if the accused was unable to appreciate the nature of their actions or know they were wrong. Intoxication is generally not a defence but may be in cases of specific intent or extreme intoxication. Self-defence must use reasonable force, while defence of property allows greater force. Battered woman's syndrome provides context for why an abused
This 3-page document contains definitions and examples of offences and defenses in English Common Law and applies to Commonwealth countries like the UK, NZ and Australia. Useful for beginner Law and Forensic Psychology students.
This document discusses the concept of forensic psychiatry and its implications. Forensic psychiatry deals with the interface between psychiatry and law. It involves determining competency to stand trial, assessing the mental state of prisoners and conducting research related to prisons. Forensic psychiatrists provide expert opinions in legal cases involving issues like criminal responsibility, competency, mental fitness and testamentary capacity. The document outlines Indian laws related to criminal liability, insanity defense, diminished responsibility, consent and civil matters like contracts, marriage, divorce and adoption from a forensic psychiatry perspective.
The document discusses the historical perspective of how mental illness became criminalized. It traces how concepts of insanity developed in law from ancient times through modern legal tests like M'Naghten. The M'Naghten rule established the cognitive right-wrong test for insanity that is still used today. Later tests tried to expand this to include volition, like the irresistible impulse test. The Hinckley trial led to reforms tightening the insanity defense. Current law and practice regarding insanity defenses varies by jurisdiction.
Due process is a fundamental constitutional right that ensures fairness in the criminal justice system. It requires that the government respect all legal rights that are owed to a person according to the fair administration of justice. This includes fair notice of what conduct is prohibited and equal treatment under the law. Due process helps to protect against arbitrary or unfair treatment by the government.
The due process clause of the Fifth and Fourteenth Amendments requires that the government respect all legal rights that are "due" to an individual. This helps guarantee fair treatment through the criminal justice process and prevents the government from arbitrarily taking away someone's life, liberty, or property. Due process is crucial for protecting civil liberties and ensuring a just criminal justice system.
This document discusses different legal standards for determining criminal responsibility for mentally ill individuals. It outlines the M'Naghten rule, which assesses whether the defendant understood their actions and could distinguish right from wrong. The Durham rule broadened criteria to include acts that were a product of mental disease or defect. The Currens rule and doctrine of diminished responsibility consider an individual's capacity to regulate their conduct according to law. Finally, the American Law Institute test consists of assessing mental disease/defect, cognitive/volitional incapacity, and determining the mental condition caused the criminal behavior.
This document summarizes the categories of general defense in criminal law. It discusses excuses and justifications as two types of general defense that can exculpate a defendant. It then outlines various excusable defenses including mistake, infancy, insanity, and intoxication. For each defense, it provides details on how they exonerate criminal liability under the law. It discusses the relevant sections from the Muluki Penal Code and also summarizes a court case dealing with an insanity defense.
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Unpaid invoices, awful debt, and antisocial account receivables are part of doing enterprise withinside the UAE, similar to its miles in lots of different elements of the globe. With many claiming to be the maximum talented and one of the nice regulation corporation offerings in UAE, the hunt would possibly appear formidable. With applicable data, this mission could appear effortless. Account Receivable Management is the manner in the direction of making sure that customers pay their responsibilities on schedule.
Differences betweenCivil and Criminal Law in the USA Copyright.docxcuddietheresa
Differences between
Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
Punishment
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
Criminal law
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.
Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and
had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.
One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.
Effect of punishment
The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice, ...
Differences betweenCivil and Criminal Law in the USA Copyright.docxmariona83
Differences between
Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
Punishment
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
Criminal law
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.
Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and
had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.
One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.
Effect of punishment
The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice,.
The document discusses insanity as a defense under Section 84 of the Indian Penal Code. It provides 3 essential elements for the defense - the accused must be of unsound mind at the time of the act, be incapable of knowing the consequences of the act, and the act must show an absence of motive. It traces the history of insanity defenses from early English cases establishing the "wild beast" and "right and wrong" tests, to the landmark M'Naghten rule which is the basis for Section 84. It also discusses the distinction between legal and medical insanity, and notes other tests like irresistible impulse, Durham rule, and the concept of diminished responsibility.
Criminal liability requires proving five key principles: actus reus, mens rea, concurrence, causation, and resulting harm. Actus reus refers to a criminal act. Mens rea refers to criminal intent. Concurrence means the act and intent occurred together. Causation means the act caused the result. Each principle involves complex legal issues that prosecutors must address when bringing charges. Presumptions in criminal cases are meant to simplify trials, not substitute for evidence of a crime.
Between the time that the police make an arrestand a case is event.docxjasoninnes20
Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca ...
Between the time that the police make an arrestand a case is event.docxrichardnorman90310
Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca.
This document summarizes key aspects of criminal law and procedure in the United States. It outlines four categories of law, including criminal law which defines crimes and punishments. Criminal law has substantive and procedural aspects. The history and sources of criminal law are discussed, including influences from codes like the Code of Hammurabi. Crimes are classified and the legal definition requires both an act and mental intent. Constitutional limits and rights are addressed, along with defenses, reforming criminal law, and the law of criminal procedure focused on interpretations of the 4th, 5th, 6th, and 8th Amendments.
· With a Penn in HandResearch the Jerry Sandusky sexual Assaults.docxoswald1horne84988
· With a Penn in Hand
Research the Jerry Sandusky sexual Assaults and how this case was handled by Penn State.
Discuss the concept of criminal failure to act.
Did Assistant Coach Michael McQuery have a legal or moral duty to intervene in the alleged sexual assault he witnessed?
Did Coach Joe Paterno have al legal or moral duty to intervene in the alleged conduct once he became aware of it?
Include at least one other example or case in which “someone has done nothing while bad things are happening around them.” What legal duties, if any, should be imposed and what theory of punishment and what punishment should be applied? Who should be the one to decide the legal duties and punishment?
Your paper should be 3-5 pages in length and should properly cite your outside sources and use APA style formatting. You should include a minimum of two outside sources, making certain to properly cite your sources.
Here are some notes down below to help!!
Chapter 3
The Criminal Act: The First Principle of Criminal Liability
The voluntary act requirement is called the first principle of criminal liability. Recall the definition of criminal conduct:
· “Conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests” (MPC § 1.02(1)(a), Chapter 1, p. 6).
· And the three elements of criminal conduct consist of: Conduct that is; Without justification and; Without excuse.
The Elements of Criminal Liability
The drafters of criminal codes have four building blocks at their disposal when they write the definitions of the thousands of crimes and defenses that make up their criminal codes.
These building blocks are the elements of a crime that the prosecution has to prove beyond a reasonable doubt to convict individual defendants of the crimes they’re charged with committing:
· Criminal act (actus reus)
· Criminal intent (mens rea)
· Concurrence
· Attendant circumstances
· Bad result (causing a criminal harm)
All crimes have to include a criminal act (actus reus or “evil act”, also the physical element in crime).
· The vast majority of minor crimes against public order and morals don’t include either a mental element (mens rea) or the element of causation, or conduct that causes a bad result.
Most of the offenses that don’t require a mens rea do include what we call an attendant circumstances element. Attendant circumstances element is a “circumstance” connected to an act, an intent, and/or a bad result.
Serious crimes, such as murder, sexual assault, robbery, and burglary, include both a criminal act and a second element, the mental attitudes included in mens rea. Crimes consisting of a criminal act and a mens rea include a third element, concurrence, which means that a criminal intent has to trigger the criminal act.
We call crimes requiring a criminal act triggered by criminal intent “conduct crimes.” Don’t confuse criminal act with criminal conduct as we use these terms.
A criminal act is voluntary bodily movements w.
Plea Bargaining and Selection of Jurors - Presentation by Prajwal Bhattarai Prajwal Bhattarai
Plea Bargaining and Selection of Jurors - Presentation by Prajwal Bhattarai
It is the most common method of resolving cases in the criminal system during pre-trial process.
Plea bargaining has long been central to America’s criminal justice system.
The practice of negotiating an agreement between the prosecution and the defense.
First of all plea should be request by defendant.
Plea should be reasonable and should be voluntary knowing the consequences.
Usually it involves sentence reductions, dismissal of other charges, recommendations and so on.
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Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
Level 3 NCEA - NZ: A Nation In the Making 1872 - 1900 SML.pptHenry Hollis
The History of NZ 1870-1900.
Making of a Nation.
From the NZ Wars to Liberals,
Richard Seddon, George Grey,
Social Laboratory, New Zealand,
Confiscations, Kotahitanga, Kingitanga, Parliament, Suffrage, Repudiation, Economic Change, Agriculture, Gold Mining, Timber, Flax, Sheep, Dairying,
This presentation was provided by Rebecca Benner, Ph.D., of the American Society of Anesthesiologists, for the second session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session Two: 'Expanding Pathways to Publishing Careers,' was held June 13, 2024.
The due process clause of the Fifth and Fourteenth Amendments requires that the government respect all legal rights that are "due" to an individual. This helps guarantee fair treatment through the criminal justice process and prevents the government from arbitrarily taking away someone's life, liberty, or property. Due process is crucial for protecting civil liberties and ensuring a just criminal justice system.
This document discusses different legal standards for determining criminal responsibility for mentally ill individuals. It outlines the M'Naghten rule, which assesses whether the defendant understood their actions and could distinguish right from wrong. The Durham rule broadened criteria to include acts that were a product of mental disease or defect. The Currens rule and doctrine of diminished responsibility consider an individual's capacity to regulate their conduct according to law. Finally, the American Law Institute test consists of assessing mental disease/defect, cognitive/volitional incapacity, and determining the mental condition caused the criminal behavior.
This document summarizes the categories of general defense in criminal law. It discusses excuses and justifications as two types of general defense that can exculpate a defendant. It then outlines various excusable defenses including mistake, infancy, insanity, and intoxication. For each defense, it provides details on how they exonerate criminal liability under the law. It discusses the relevant sections from the Muluki Penal Code and also summarizes a court case dealing with an insanity defense.
Best Accounts receivables management Law firm in Dubai | top Law Firm Account...Alqada ae
Unpaid invoices, awful debt, and antisocial account receivables are part of doing enterprise withinside the UAE, similar to its miles in lots of different elements of the globe. With many claiming to be the maximum talented and one of the nice regulation corporation offerings in UAE, the hunt would possibly appear formidable. With applicable data, this mission could appear effortless. Account Receivable Management is the manner in the direction of making sure that customers pay their responsibilities on schedule.
Differences betweenCivil and Criminal Law in the USA Copyright.docxcuddietheresa
Differences between
Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
Punishment
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
Criminal law
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.
Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and
had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.
One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.
Effect of punishment
The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice, ...
Differences betweenCivil and Criminal Law in the USA Copyright.docxmariona83
Differences between
Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
Punishment
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
Criminal law
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.
Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and
had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.
One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.
Effect of punishment
The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice,.
The document discusses insanity as a defense under Section 84 of the Indian Penal Code. It provides 3 essential elements for the defense - the accused must be of unsound mind at the time of the act, be incapable of knowing the consequences of the act, and the act must show an absence of motive. It traces the history of insanity defenses from early English cases establishing the "wild beast" and "right and wrong" tests, to the landmark M'Naghten rule which is the basis for Section 84. It also discusses the distinction between legal and medical insanity, and notes other tests like irresistible impulse, Durham rule, and the concept of diminished responsibility.
Criminal liability requires proving five key principles: actus reus, mens rea, concurrence, causation, and resulting harm. Actus reus refers to a criminal act. Mens rea refers to criminal intent. Concurrence means the act and intent occurred together. Causation means the act caused the result. Each principle involves complex legal issues that prosecutors must address when bringing charges. Presumptions in criminal cases are meant to simplify trials, not substitute for evidence of a crime.
Between the time that the police make an arrestand a case is event.docxjasoninnes20
Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca ...
Between the time that the police make an arrestand a case is event.docxrichardnorman90310
Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca.
This document summarizes key aspects of criminal law and procedure in the United States. It outlines four categories of law, including criminal law which defines crimes and punishments. Criminal law has substantive and procedural aspects. The history and sources of criminal law are discussed, including influences from codes like the Code of Hammurabi. Crimes are classified and the legal definition requires both an act and mental intent. Constitutional limits and rights are addressed, along with defenses, reforming criminal law, and the law of criminal procedure focused on interpretations of the 4th, 5th, 6th, and 8th Amendments.
· With a Penn in HandResearch the Jerry Sandusky sexual Assaults.docxoswald1horne84988
· With a Penn in Hand
Research the Jerry Sandusky sexual Assaults and how this case was handled by Penn State.
Discuss the concept of criminal failure to act.
Did Assistant Coach Michael McQuery have a legal or moral duty to intervene in the alleged sexual assault he witnessed?
Did Coach Joe Paterno have al legal or moral duty to intervene in the alleged conduct once he became aware of it?
Include at least one other example or case in which “someone has done nothing while bad things are happening around them.” What legal duties, if any, should be imposed and what theory of punishment and what punishment should be applied? Who should be the one to decide the legal duties and punishment?
Your paper should be 3-5 pages in length and should properly cite your outside sources and use APA style formatting. You should include a minimum of two outside sources, making certain to properly cite your sources.
Here are some notes down below to help!!
Chapter 3
The Criminal Act: The First Principle of Criminal Liability
The voluntary act requirement is called the first principle of criminal liability. Recall the definition of criminal conduct:
· “Conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests” (MPC § 1.02(1)(a), Chapter 1, p. 6).
· And the three elements of criminal conduct consist of: Conduct that is; Without justification and; Without excuse.
The Elements of Criminal Liability
The drafters of criminal codes have four building blocks at their disposal when they write the definitions of the thousands of crimes and defenses that make up their criminal codes.
These building blocks are the elements of a crime that the prosecution has to prove beyond a reasonable doubt to convict individual defendants of the crimes they’re charged with committing:
· Criminal act (actus reus)
· Criminal intent (mens rea)
· Concurrence
· Attendant circumstances
· Bad result (causing a criminal harm)
All crimes have to include a criminal act (actus reus or “evil act”, also the physical element in crime).
· The vast majority of minor crimes against public order and morals don’t include either a mental element (mens rea) or the element of causation, or conduct that causes a bad result.
Most of the offenses that don’t require a mens rea do include what we call an attendant circumstances element. Attendant circumstances element is a “circumstance” connected to an act, an intent, and/or a bad result.
Serious crimes, such as murder, sexual assault, robbery, and burglary, include both a criminal act and a second element, the mental attitudes included in mens rea. Crimes consisting of a criminal act and a mens rea include a third element, concurrence, which means that a criminal intent has to trigger the criminal act.
We call crimes requiring a criminal act triggered by criminal intent “conduct crimes.” Don’t confuse criminal act with criminal conduct as we use these terms.
A criminal act is voluntary bodily movements w.
Plea Bargaining and Selection of Jurors - Presentation by Prajwal Bhattarai Prajwal Bhattarai
Plea Bargaining and Selection of Jurors - Presentation by Prajwal Bhattarai
It is the most common method of resolving cases in the criminal system during pre-trial process.
Plea bargaining has long been central to America’s criminal justice system.
The practice of negotiating an agreement between the prosecution and the defense.
First of all plea should be request by defendant.
Plea should be reasonable and should be voluntary knowing the consequences.
Usually it involves sentence reductions, dismissal of other charges, recommendations and so on.
Gender and Mental Health - Counselling and Family Therapy Applications and In...PsychoTech Services
A proprietary approach developed by bringing together the best of learning theories from Psychology, design principles from the world of visualization, and pedagogical methods from over a decade of training experience, that enables you to: Learn better, faster!
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
Level 3 NCEA - NZ: A Nation In the Making 1872 - 1900 SML.pptHenry Hollis
The History of NZ 1870-1900.
Making of a Nation.
From the NZ Wars to Liberals,
Richard Seddon, George Grey,
Social Laboratory, New Zealand,
Confiscations, Kotahitanga, Kingitanga, Parliament, Suffrage, Repudiation, Economic Change, Agriculture, Gold Mining, Timber, Flax, Sheep, Dairying,
This presentation was provided by Rebecca Benner, Ph.D., of the American Society of Anesthesiologists, for the second session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session Two: 'Expanding Pathways to Publishing Careers,' was held June 13, 2024.
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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Training: ISO/IEC 27001 Information Security Management System - EN | PECB
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Film vocab for eal 3 students: Australia the movie
forensic_psychology (1).ppt
1. FORENSIC PSYCHOLOGY
CPY 417
• PSYCHOLOGICAL KNOWLEDGE APPLICABLE IN
LEGAL ISSUES:
• COURSE OVERVIEW – GENERAL INTRODUCTION
• PRESENTING THE COURSE TO STUDENTS
2. FORENSIC PSYCHOLOGY
CPY 417
Forensic psychology is the intersection between
psychology and the justice system. It involves
understanding fundamental legal principles,
particularly with regard to expert witness testimony
and the specific content area of concern (e.g.,
competence to stand trial, child custody and
visitation, or workplace discrimination), as well as
relevant jurisdictional considerations (e.g., in the
United States, the definition of insanity in criminal
trials differs from state to state) in order to be able to
interact appropriately with judges, attorneys and
other legal professionals.
3. INCAPACITY TO STAND A TRIAL
• In criminal trials, the mental disorder defense or insanity
defense is the claim that the defendant is not responsible
for their actions during an episode of mental illness
(psychiatric illness or mental handicap). Exemption of the
insane from full criminal punishment dates back to at least
the Code of Hammurabi.[1] There are different definitions
of legal insanity, such as the M'Naghten Rules, the Durham
Rule, the American Legal Institute definition, and various
miscellaneous provisions (e.g., relating to lack of mens
rea).[2] In the criminal laws of Australia and Canada, the
terms defence of mental disorder or defence of mental
illness are used.
4. DEFENSES
• Idiot defense
• Impossibility defense
• Age of criminal responsibility in Australia
• Defense of infancy
• Innocent owner defense
• Innovative defense
• Mental Disorder (Insanity) Defense
• Intoxication defense
• Irresistible impulse
5. CRIMINAL DEFENSE
• The M'Naghten rules (pronounced, and sometimes spelled, McNaughton) were
a reaction to the acquittal in 1843 of Daniel M'Naghten on the charge of
murdering Edward Drummond, whom M'Naghten had mistaken for British Prime
Minister Robert Peel.[1]
• M'Naghten fired a pistol at the back of Peel's secretary, Edward Drummond, who
died five days later. The House of Lords asked a panel of judges, presided over by
Sir Nicolas Conyngham Tindal, Chief Justice of the Common Pleas, a series of
hypothetical questions about the defence of insanity. The principles expounded
by this panel have come to be known as the M'Naghten Rules, though they have
gained any status only by usage in the common law and M'Naghten himself
would have been found guilty if they had been applied at his trial.[2][3] The rules
so formulated as M'Naghten's Case 1843 10 C & F 200[4] have been a standard
test for criminal liability in relation to mentally disordered defendants in common
law jurisdictions ever since, with some minor adjustments. When the tests set
out by the Rules are satisfied, the accused may be adjudged "not guilty by reason
of insanity" or "guilty but insane" and the sentence may be a mandatory or
discretionary (but usually indeterminate) period of treatment in a secure hospital
facility, or otherwise at the discretion of the court (depending on the country and
the offence charged) instead of a punitive disposal.
• DANIEL MCNAGHTEN RULE
6. THE MATRIX DEFENSE
• The Matrix defense is the term applied to several
legal cases of a defense based on the Matrix films
where reality is actually a computer generation—
simulism—and that the real world is quite
different from what reality is perceived to be.
• In using this defense, the defendant claims that he
committed a crime because he believed he was in
the Matrix, and not in the real world. This is a
version of the insanity defense and considered a
descendant of the Taxi Driver defense of John
Hinckley, one of the first defenses based on
blurring reality with the movies
7. MENTAL DISORDER DEFENSE
• In the criminal laws of Australia and Canada, the
defence of mental disorder (sometimes called
the defence of mental illness) is a legal defence
by excuse, by which a defendant may argue they
should not be held criminally liable for breaking
the law because they were mentally ill at the
time of the alleged criminal actions.
8. MISTAKE
• A mistake of fact may sometimes mean that,
while a person has committed the physical
element of an offence, because they were
labouring under a mistake of fact, they never
formed the required mens rea, and so will escape
liability for offences that require mens rea. This is
unlike a mistake of law, which is not usually a
defense; law enforcement may or may not take
for granted that individuals know what the law is.
9. • Because the prosecution in a criminal case must
prove the guilt of the accused beyond a
reasonable doubt, the defendant must convince
the jury that there is reasonable doubt about
whether the witness actually saw what he or she
claims to have seen, or recalls having seen.
Although scientific studies have shown that
mistaken identity is a common phenomenon,
jurors give very strong credence to eyewitness
testimony, particularly where the eyewitness is
resolute in believing that their identification of
the defendant was correct.
10. ABUSE DEFENSE
• The abuse defense is a criminal law defense in
which the defendant argues that a prior history of
abuse justifies violent retaliation. While the term
most often refers to instances of child abuse or
sexual assault, it also refers more generally to any
attempt by the defense to use a syndrome or
societal condition to deflect responsibility away
from the defendant. Sometimes the concept is
referred to as the abuse excuse, in particular by the
critics of the idea that guilty people may use past
victimization to diminish the responsibility for their
crimes.
11. ACTUAL INNOCENCE
• Actual innocence is a state of affairs in which
a defendant in a criminal case is innocent of
the charges against them because he or she
did not in fact commit the crime of which they
have been accused.
12. ALIBI (DISAMBIGUATION)
• An alibi is a form of defense used in criminal
procedure wherein the accused attempts to
prove that he or she was in some other place at
the time the alleged offense was committed.
The Criminal Law Deskbook of Criminal
Procedure[1] states: "Alibi is different from all of
the other defenses; it is based upon the
premise that the defendant is truly innocent." In
the Latin language alibī means "somewhere
else."
13. AMBUSH DEFENSE
• An ambush defence is one in which defence evidence -
notably from expert witnesses - has not been adduced
in advance to the prosecuting authorities, leading to
their inability to rebut it. The term is used in United
Kingdom jurisprudence. Since 1987, the possibility of
the ambush defence has been much reduced by The
Crown Court (Advance Notice of Expert Evidence) Rules
1987, made under section 81 of the Police and Criminal
Evidence Act 1984, which in essence require the
defence to provide the prosecution with copies of
expert witness reports in sufficient time for the
prosecution to consider the nature of and if necessary
prepare rebuttal evidence opposing the report.
14. AUTOMATISM
• Automatism is a rarely used criminal defence which
denies that the accused was criminally responsible for
his or her actions. There are several limitations to the
defence of automatism in English law. Prior fault
generally excludes automatism. Intoxication generally
excludes automatism, even when involuntary. Any
defence that rests on insanity comes under the
M'Naghten Rules. Under English law internal causes of
automatism are generally judged to be insane
automatism and so result in the special verdict ('not
guilty by reason of insanity') rather than simple
acquittal.
15. AUTOMATISM LAW
• Automatism is a rarely used criminal defence. It is one of the mental
condition defences that relate to the mental state of the defendant.
Automatism can be seen variously as lack of voluntariness, lack of
culpability (unconsciousness) or excuse (Schopp). Automatism means
that the defendant was not aware of his or her actions when making the
particular movements that constituted the illegal act. For example,
Esther Griggs in 1858 threw her child out of a first floor window
believing that the house was on fire, whilst having a night terror.[1] Brian
Thomas strangled his wife in their campervan in a more recent case in
Aberporth in an episode of rapid eye movement sleep behaviour
disorder (a disorder related to sleepwalking), where he dreamed there
was an intruder on top of his wife. The defence of automatism is
denying that the person was acting in the sense that the criminal law
demands. As such it is really a denial-of-proof – the defendant is
asserting that the offence is not made out. The prosecution does not
have to disprove the defence as is sometimes erroneously reported; the
prosecution has to prove all the elements of the offence including the
voluntary act requirement. Automatism is a defence even against strict
liability crimes like dangerous driving, where no intent is necessary.
16. DIMINISHED RESPONSIBILITY
• In criminal law, diminished responsibility (or
diminished capacity) is a potential defense by
excuse by which defendants argue that although
they broke the law, they should not be held fully
criminally liable for doing so, as their mental
functions were "diminished" or impaired. The
defense's acceptance in American jurisdictions
varies considerably. The majority of states have
adopted it by statute or case decision, and a
minority even recognise broader defenses such as
'irresistible impulse'.
17. DURESS
• In jurisprudence, duress or coercion refers to a
situation whereby a person performs an act as a
result of violence, threat or other pressure against
the person. Black's Law Dictionary (6th ed.) defines
duress as "any unlawful threat or coercion used... to
induce another to act [or not act] in a manner [they]
otherwise would not [or would]". Duress is pressure
exerted upon a person to coerce that person to
perform an act that he or she ordinarily would not
perform. The notion of duress must be distinguished
both from undue influence in the civil law and from
necessity.
18. IDIOT DEFENSE
• The idiot defense is a satirical term for a legal strategy where a
defendant claims innocence by virtue of having been ignorant
of facts of which the defendant would normally be expected to
be aware. Other terms used for this tactic include "dumb CEO
defense," "dummy defense," "ostrich defense," and "Sergeant
Schultz defense."
• The term was popularized as a result of a number of high-
profile corporate accounting scandal defendants claiming that
all wrongdoing was performed by others, without the
defendant's knowledge or consent. Attorneys for these
defendants claimed that their skill was in valuation and deal-
making, and that they lacked the training to recognize
fraudulent accounting practices they claimed that they would
have needed. However, in many cases the defendants'
subordinates testified that the defendants ordered them to
falsify the accounts.
19. IMPOSSIBILITY DEFENSE
• An Impossibility defense is a criminal defense
occasionally used when a defendant is accused of
a criminal attempt that failed only because the
crime was factually or legally impossible to
commit. Factual impossibility is rarely an adequate
defense at common law. In the United States,
thirty-seven states have ruled out factual
impossibility as a defense to the crime of attempt.
This is not to be confused with a 'mistake of fact'
defense, which may be a defense to a specific
intent crime like larceny.
20. CRIMINAL AGE
• The age of criminal responsibility in Australia is
the age below which a child is deemed incapable
of having committed a criminal offence. In legal
terms, it is referred to as a defense of infancy.
• WHICH IS THE CRIMINAL AGE IN KENYA? 14-18
JUVENILE / 18 AND ABOVE ADULT CRIMINAL
JUSTICE
21. DEFENSE OF INFANCY
• The defense of infancy is a form of defense
known as an excuse so that defendants falling
within the definition of an "infant" are
excluded from criminal liability for their
actions, if at the relevant time, they had not
reached an age of criminal responsibility.
After reaching the initial age, there may be
levels of responsibility dictated by age and the
type of offense committed.
22. INNOCENT OWNER DEFENSE
• An innocent owner defense is a concept in United
States law providing for an affirmative defense that
applies when an owner claims that they are
innocent of a crime and therefore their property
should not be forfeited. It is defined in section
983(d) of title 18 of the United States Code (18
U.S.C. § 983(d)) and is part of the Code that defines
forfeiture laws and more specifically the general
rules for civil forfeiture proceedings. It states that
the "claimant shall have the burden of proving that
the claimant is an innocent owner by a
preponderance of the evidence".
23. MENTAL DISORDER / INSANITY
DEFENSE
• In criminal trials, the mental disorder defense or
insanity defense is the claim that the defendant is
not responsible for their actions during an episode of
mental illness (psychiatric illness or mental
handicap). Exemption of the insane from full criminal
punishment dates back to at least the Code of
Hammurabi.[1] There are different definitions of legal
insanity, such as the M'Naghten Rules, the Durham
Rule, the American Legal Institute definition, and
various miscellaneous provisions (e.g., relating to
lack of mens rea).[2] In the criminal laws of Australia
and Canada, the terms defence of mental disorder
or defence of mental illness are used.
24. INTOXICATION DEFENSE
• In criminal law, the intoxication defense is a defense by which a
defendant may claim diminished responsibility on the basis of
substance intoxication. Although general intent crimes do not
require an intent to break the law, just an unlawful act (actus
reus) and an intent to act in such a fashion,[1] specific intent
crimes, such as residential burglary, require a certain mental
state (mens rea) to break the law,[1] and those under the
influence of an intoxicating substance may be considered to have
reduced liability for their actions. Even "voluntary intoxication"
(the knowing and voluntary consumption of alcohol or other
drugs) can be used as a defense to a "specific intent" crime,
whereas only "involuntary intoxication" ("My drink was spiked!")
can be used as a defense to a general intent crime. As for
punishment, intoxication may be a mitigating factor that
decreases a prison or jail sentence.
25. IRRESISTABLE IMPULSE
• In criminal law, irresistible impulse is a defense
by excuse, in this case some sort of insanity, in
which the defendant argues that they should not
be held criminally liable for their actions that
broke the law, because they could not control
those actions.
• In 1994, Lorena Bobbitt was found not guilty
when her defense argued that an irresistible
impulse led her to cut off her husband's penis.
26. JUSTIFIABLE HOMICIDE
• The concept of justifiable homicide in criminal law stands
on the dividing line between an excuse, a justification, and
an exculpation. In certain circumstances, homicide is
justified when it prevents greater harm to innocents. A
homicide can only be justified if there is sufficient
evidence to prove that it was reasonable to believe that
the offending party posed an imminent threat to the life or
well-being of another, in self-defense. To rule a justifiable
homicide, one must objectively prove to a trier of fact,
beyond all reasonable doubt, that the victim intended to
commit violence. A homicide in this instance is
blameless[1] and distinct from the less stringent criteria
authorizing deadly force in stand your ground rulings.
27. FORENSIC PSYCHOLOGIST
• An important aspect of forensic psychology is the ability to
testify in court as an expert witness, reformulating
psychological findings into the legal language of the
courtroom, providing information to legal personnel in a
way that can be understood. Further, in order to be a
credible witness the forensic psychologist must understand
the philosophy, rules, and standards of the judicial system.
Primary is an understanding of the adversarial system.
There are also rules about hearsay evidence and most
importantly, the exclusionary rule. Lack of a firm grasp of
these procedures will result in the forensic psychologist
losing credibility in the courtroom. A forensic psychologist
can be trained in clinical, social, organizational or any other
branch of psychology.
28. • An important aspect of forensic psychology is the
ability to testify in court as an expert witness,
reformulating psychological findings into the legal
language of the courtroom, providing information to
legal personnel in a way that can be understood.[1]
Further, in order to be a credible witness the forensic
psychologist must understand the philosophy, rules,
and standards of the judicial system. Primary is an
understanding of the adversarial system. There are
also rules about hearsay evidence and most
importantly, the exclusionary rule. Lack of a firm
grasp of these procedures will result in the forensic
psychologist losing credibility in the courtroom.[2] A
forensic psychologist can be trained in clinical, social,
organizational or any other branch of psychology.
29. MISTAKE OF LAW
• Mistake of law is a legal principle referring to one
or more errors that were made by a person in
understanding how the applicable law applied to
their past activity that is under analysis by a court.
In jurisdictions that use the term, it is differentiated
from mistake of fact.
• There is a principle of law that "ignorance of the
law is no excuse". In criminal cases, a mistake of law
is not a recognized defense, though such a mistake
may in very rare instances fall under the legal
category of "exculpation". In criminal cases a
mistake of fact is normally called simply, "mistake".
30. MISTAKEN IDENTITY
• Mistaken identity is a defense in criminal law
which claims the actual innocence of the criminal
defendant, and attempts to undermine evidence of
guilt by asserting that any eyewitness to the crime
incorrectly thought that they saw the defendant,
when in fact the person seen by the witness was
someone else. The defendant may question both
the memory of the witness (suggesting, for
example, that the identification is the result of a
false memory), and the perception of the witness
(suggesting, for example, that the witness had poor
eyesight, or that the crime occurred in a poorly lit
place).
31. LAWYER
• A lawyer is a person who practices law, as a
barrister, judge, attorney, counsel (counselor at
law) or solicitor or a legal academic. Working as a
lawyer involves the practical application of
abstract legal theories and knowledge to solve
specific individualized problems, or to advance the
interests of those who hire lawyers to perform
legal services.
32.
33. DISTINCTION BETWEEN A LAWYER &
AN EXPERT WITNESS
• LAWYER = TRAINED IN LAW AND LEGAL ISSUES
• CAN DEFEND A CLIENT IN COURT / CAN MAKE
REFERENCE TO LEGAL PROVISIONS IN DEFENCE/
LITIGATES/ CHALLENGES THE ADVERSARY/
PLEADS/ SWEARS IN AFFIDAVIT/ HAS LEGAL
PROFESSION AND IS AUTHORISED TO DEFEND A
CLIENT/CAN GIVE LEGAL ADVICE/IS PAID BY THE
CLIENT
34. • FORENSIC PSYCHOLOGIST= IS CALLED IN COURT TO
GIVE A SCIENTIFIC ACCOUNT OF THE CRIME/ USES
LABORATORY, INTERVIEWS, COUNSELLING/
EMPIRICAL TESTS. SCIENTIFIC METHODS AS PROOF
OF HIS JUDGMENTS/ CANNOT DEFEND A CLIENT IN
COURT/ CANNOT GIVE HIS OPINION/ CAN USE
HEARSAY AS EVIDENCE IN HIS TESTIMONY/ IS
REFERRED TO AS EXPERT WITNESS/ CAN MAKE
REPORT FOR ANY OF THE PARTIES OR FOR THE
COURT/ STICKS TO PROFESSION AND SCIENTIFIC
PROOF/ CAN BE CROSS EXAMINED IN
COURT/MUST BE QUALIFIED IN HIS OR HER FIELD/
IS PAID BY THE CLIENT OR BY COURT FOR THE
WORK DONE/ASSESSES & EVALUATES.
35. FORENSIC PSYCHIATRIST
• IS A MEDICAL EXPERT IN MENTAL HEALTH
• A FORENSIC PSYCHOLOGIST AND
PSYCHIATRIST ARE DIFFERENT PROFESSIONS
• PSYCHOLOGIST DEALS WITH PSYCHOLOGICAL
PROBLEMS AND ISSUES
• PSYCHIATRIST DEALS WITH DISEASES/
MEDICINE/ OR MENTAL HEALTH IN GENERAL
36. EXPERT WITNESS
• Unlike fact witnesses, who are limited to testifying about
what they know or have observed, expert witnesses have the
ability to express opinion because, as their name suggests,
they are presumed to be "experts" in a certain topic. They
possess specialized knowledge about the topic. Expert
witnesses are called upon to testify on matters of mental
health (clinical expertise) or other areas of expertise such as
social, experimental, cognitive, or developmental.[8] The role
of being an expert witness is not primary and it is usually
performed in conjunction with another role such as that of
researcher, academic, evaluator, or clinical psychologist.
Clinical forensic psychologists evaluate a defendant and are
then called upon as expert witnesses to testify on the mental
state of the defendant.[7]
• In the past, expert witnesses primarily served the court rather
than the litigants
37. TREATMENT PROVIDER
• Treatment providers are forensic psychologists who administer
psychological intervention or treatment to individuals in both criminal and
civil cases who require or request these services. In criminal proceedings,
treatment providers may be asked to provide psychological interventions
to individuals who require treatment for the restoration of competency,
after having been determined by the courts as incompetent to stand
trial.[7] They may be asked to provide treatment for the mental illness of
those deemed insane at the crime.[7] They may also be called to administer
treatment to minimize the likelihood of future acts of violence for
individuals who are at a high risk of committing a violent offense.[7] As for
civil proceedings, treatment providers may have to treat families going
through divorce and/or custody cases. They may also provide treatment to
individuals who have suffered psychological injuries due to some kind of
trauma.[7] Treatment providers and evaluators work in the same types of
settings: forensic and state psychiatric hospitals, mental health centers,
and private practice. Not surprisingly, their work may greatly overlap. And
although not ethically encouraged, the same forensic psychologist may
take on both the role of treatment provider and evaluator for the same
client
38. FORENSIC PSYCHOLOGIST PRACTICE
• Forensic psychology practice 3.1 Malingering
• 3.2 Competency evaluations
• 3.3 Sanity evaluations
• 3.4 Other evaluations
• 3.5 Ethical implications
39. ASSESSMENTS & EVALUATIONS
• MALINGERING: An important and pressing
question in any type of forensic assessment is
the issue of malingering and deception. In
some criminal cases, the court views
malingering or feigning illness as obstruction
of justice and sentences the defendant
accordingly
40. • COMPETENCY EVALUATIONS: If there is a question of the
accused's competency to stand trial, a forensic
psychologist is appointed by the court to examine and
assess the individual. The individual may be in custody or
may have been released on bail. Based on the forensic
assessment, a recommendation is made to the court
whether or not the defendant is competent to proceed to
trial. If the defendant is considered incompetent to
proceed, the report or testimony will include
recommendations for the interim period during which an
attempt at restoring the individual's competency to
understand the court and legal proceedings, as well as
participate appropriately in their defense will be made.
Often, this is an issue of committed, on the advice of a
forensic psychologist, to a psychiatric treatment facility
until such time as the individual is deemed competent
41. SANITY EVALUATION
• The forensic psychologist may also be appointed
by the court to evaluate the defendant's state of
mind at the time of the offense. These are
defendants who the judge, prosecutor or public
defender believe, through personal interaction
with the defendant or through reading the police
report, may have been significantly impaired at
the time of the offense.
42. OTHER EVALUATION
• Forensic psychologists are frequently asked to make an
assessment of an individual's dangerousness or risk of re-
offending. They may provide information and
recommendations necessary for sentencing purposes, grants
of probation, and the formulation of conditions of parole,
which often involves an assessment of the offender's ability
to be rehabilitated. They are also asked questions of witness
credibility and malingering.Occasionally, they may also
provide criminal profiles to law enforcement.
• Due to the Supreme Court decision upholding involuntary
commitment laws for predatory sex offenders in Kansas v.
Hendricks, it is likely that forensic psychologists will become
involved in making recommendations in individual cases of
end-of-sentence civil commitment decisions.
43. IDENTIFYING A SUSPECT
• Crime is a major problem in many areas, particularly densely
populated areas. As much as we may wish for peaceful, crime-
free lives, this is most likely not going to happen anytime soon.
Punishing criminals or preventing them from committing crimes
in the first place is typically necessary for protecting ordinary
citizens from crime.
• Forensic psychology often plays a role in punishing and
preventing crimes. The word forensic is defined as "the scientific
method for investigation of crime". Forensic psychology is often
described as the merger of law and psychology.
• This field of psychology is often focused on the criminals
themselves. Professionals in this field are often given the
ominous responsibilities of trying to figure out why certain types
of people commit crimes; what type of person committed a
crime; and how to prevent people from committing crimes.
44. PSYCHOLOGIST IN COURTROOM
Jenkins v. United States
• In a trial for housebreaking, assault and intent to rape, a defendant
presented the testimony of three clinical psychologists in support
of an insanity defense. All three psychologists testified, based on
their personal contact with the defendant, review of his case
history and standard psychological tests, that on the date the
alleged crimes were committed, defendant had been suffering
from schizophrenia. One of the three testified that he could give
no opinion concerning the relationship between the illness and
the crimes but the other two gave opinions that the two were
related and that the crimes were the product of the illness. At the
conclusion of the trial, the judge instructed the jury to disregard
the opinions of the psychologists in that psychologists were not
qualified to give expert testimony on the issue of mental disease.
On appeal, the D.C. Circuit reversed and remanded, and held that
psychologists were qualified as expert witnesses on the question
of mental disease. (IN 1962)
45. APA’S POSITION
• APA submitted an amicus brief arguing that: (1)
psychology is an established science; (2) the
practice of psychology is a learned profession; (3)
a clinical psychologist is competent to express
professional opinions concerning the existence or
non-existence of mental disease or defect and
their causal relationship to overt behavior; and (4)
experience is the essential legal ingredient of
competence to give an expert opinion.
46. THERE ARE SEVERAL BRANCHES OF
FORENSIC PSYCHOLOGY
• You will complete the twelve modules listed
below. This course shall cover the first five
modules which cover the theoretical basis of
forensic psychology across a range of settings,
through all stages of the criminal justice process,
i.e. from investigation to punishment and through
care, and as applied to a broad range of crimes
and how the law handles psychology.
• Other modules are covered by other units and
lecturers with expertise.
47. 1. PSYCHOLOGY & CRIMINAL BEHAVIOUR
• Psychology and Criminal Behaviour
• What is criminal behaviour?
• measurement of crime,
• who commits crime?
• theories of crime,
• alternative theories of crime.
48. 2. PSYCHOLOGY IN THE CRIMINAL JUSTICE
• Psychology in the Criminal Justice System
• Eyewitness testimony,
• children and vulnerable witnesses/suspects,
• legal decision making,
• confessions and identification,
• recovered memory.
49. 3. TREATMENT OF OFFENDERS & VICTIMS
• Treatment of Offenders and Victims
• Theory of criminal and civil justice responses to
crime,
• what works when rehabilitating offenders?
• prison, secure units and therapeutic
communities,
• restorative justice,
• responses to juvenile and female offenders,
• victim issues.
51. 5. VIOLENT & SEXUAL CRIME
• Violent and Sexual Crime
• Theories of violent and sexual crime,
• child sexual abuse and rape,
• domestic violence,
• homicide,
• stalking,
• terrorism.
52. 6. RISK ASSESSMENT AND MANAGEMENT
OF OFFENDERS
• Risk Assessment and Management of Offenders
• Assessment of risk and protective factors,
• forensic risk assessment approaches
• risk assessment methods and tools
• risk management strategies
• linking of risk assessment and risk management.
53. 7. PRACTICE & APPLICATION IN FORENSIC
PSYCHOLOGY
• Practice and Application in Forensic Psychology
• Report writing and presentation skills,
• other practitioner skills,
• consultancy and project management,
• ethical codes of conduct,
• legal and social considerations,
• other practice based issues.
54. 9. ADVANCED QUALITATIVE RESEARCH
METHODS
• Advanced Qualitative Research Methods
• The quantitative-qualitative debate,
• thematic analysis,
• interpretive phenomenological analysis,
• discourse analysis.
55. 8. ADVANCED QUANTITATIVE RESEARCH
METHODS
• Advanced Quantitative Research Methods
• Review of basic research methods and SPSS,
• experimental (and quasi) designs,
• psychometric techniques, questionnaire designs
and scaling,
• ANOVA, MANOVA, multiple regression, SEM and
path analysis
56. STUDY SKILL
• Study Skills, Project Planning and Ethics
• Academic essay writing,
• Academic dishonesty and plagiarism,
• Referencing,
• Research design and ethics,
• Reflective practice.
57. DISSERTATION
• Dissertation
• Empirical work on a forensic psychology topic,
• production of literature review and empirical
research papers in format suitable for journal
article publication.