...the Law Stop For years the insanity defense has turned into a difficult defense system in the court of law. The exact law changes from state to state, but the main idea remains the same. The insanity defense could apply and be used on an individual who is considered legally insane. The individual must have a severe mental disease or defect, their lawyer must prove that they were at the time of the crime. We need to abolish the insanity plea and make the death penalty the law of the land again. An individual accused of a crime can pled guilty that they committed the crime, or argue that they are not responsible for it because of a mental illness. “Not guilty by reason of insanity.” There’s an important distinction between pleading guilty by reason of insanity and diminished capacity. Diminished capacity is pleading to a lesser crime. Pleading insanity is a full defense to a crime, it’s equivalent to pleading “not guilty.” The insanity defense is a compromise on part of society and the law. Society believes that criminals should be punished for the crimes they committed and society believe that people who are ill should receive treatment for their illness. When we talk about the insanity defense, we go to the M'Naghten rule. The M'Naghten rule is the required test that must be given before the jury can decide whether the individual on trial knew that he or she could not tell right from wrong. This is the first famous legal test for insanity. In 1843, Englishman Daniel M’Naghten...
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...Jared Cruz Professor Estrada American Lit. 1 April 18th, 2015 Word Count: 1,799 Gravity: An Analysis of Insanity in Wieland To some, the definition of madness is a state in which one is mentally unstable and filled with irrationality. To others like famous scientist Albert Einstein, true insanity is doing the same thing over and over expecting different results every time. Regardless of how it is defined, one fact about insanity or madness remains true to this day and can be summed up by one quote from perhaps the most famous insane character of all time, the Joker: “Madness, as you know, is like gravity... All it takes is a little push!” This very idea of insanity and how susceptible to madness the mind can be is a central theme throughout Charles Brockden Brown's Wieland. In the novel, one of the primary forces behind everyone's growing paranoia and dementia are a series of voices that literally cause the protagonist's brother, Theodore Wieland, to murder his wife and children. Of course the voices not only affect Theodore, but rather the entire community as a whole, namely the protagonist herself. Clara Wieland is just as easily prone to the insanity that overcomes her circle of friends and family. Many times throughout the novel, Clara demonstrates various qualities of irrationality, such as contemplating suicide and struggling to maintain grasp onto reality. While these are prime examples of madness within the novel, one's sanity that often goes unchecked is that...
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...inmate disciplinary proceedings must therefore be familiar with relevant clinical, legal, and ethics issues. Little has been written in the psychiatric literature, however, examining this important role for prison mental health professionals. After first reviewing core legal and constitutional concepts, the author presents the results of a nationwide survey examining the role for mental health professionals in the inmate disciplinary process. To the author’s knowledge, this is the first study to provide a comprehensive review of this subject. Most prison systems have procedures for punishing prisoners who violate prison rules and for removing inmates from the general population for disciplinary or safety reasons. (For the purpose of this article, the terms “prisoner” and “inmate” will be used interchangeably. “Mental health” and “custody” are sometimes used to denote the mental health and custodial staffs of the prisons.) Serious offenses that bring about disciplinary action can result in significant punitive consequences for a prisoner. For example, a guilty finding on a serious offense can result in the loss of “good-time” credits, lengthy terms in administrative segregation or security...
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...In Defense of Recreational Drugs If illicit drugs are harmful to the mind, body and soul, than why do people continue to manufacture, distribute and use these substances? The prohibition of these illicit substances as outlined in the Controlled Substances Act of the United States goes against all logic. Propaganda across the United States promotes the myth that psychotropic drugs impair moral judgment and is a cause of destructive deviant behavior. There is evidence that refutes this claim, illustrated by findings in several of the government’s own studies. The truth is that the majority that dabbles with these intoxicants is misrepresented by the media and politicians as delinquents, but are respectable citizens with jobs to work, bills to pay, and classes to attend, and are indistinguishable from the general population. Their use is not accounted for as many are reluctant to admit to it, due to the illegality and prejudice against use of controlled substances in our society. Such illicit substances must have some intrinsic value because of their continued use. Just as prescription pharmaceuticals can prove to be valuable in a specific context, so can all classes of illegal drugs. The poison is in the dose not the chemical itself. The unconstitutional War on Drugs in the United States needs to cease, because it is based on heresy and fear mongering. This calls for reeducation of the American people about the true nature of drugs; for this legalization and regulation of all...
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...The Capital Punishment Controversy Author(s): William O. Hochkammer, Jr. Reviewed work(s): Source: The Journal of Criminal Law, Criminology, and Police Science, Vol. 60, No. 3 (Sep., 1969), pp. 360-368 Published by: Northwestern University Stable URL: http://www.jstor.org/stable/1141991 . Accessed: 31/01/2013 08:39 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . Northwestern University is collaborating with JSTOR to digitize, preserve and extend access to The Journal of Criminal Law, Criminology, and Police Science. http://www.jstor.org This content downloaded on Thu, 31 Jan 2013 08:39:08 AM All use subject to JSTOR Terms and Conditions THB JOURN« OFCRIMINGLAW, CBIMINOLOGY POLZZSCIXNCE AND Copyright 1 1969by Northwestern University School of Law Vol. 60, No. 3Prsnted in U.S.A. CRIMINAI COMMENTS CASE IAW AND NOTES Prepared studentsof Northwestern by UniversitySchoolof Law underthe directionof the student members the Law School'sJournalEditorialBoard. of JULIAN ESPOSITO D STEPREN SELIGER G. Editors-in-Chief...
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...Niaux, La Pasiega, etc.) The earliest theory of art, that of the Greek philosophers, proposed that art was mimesis, imitation of reality. It is at this point that the peculiar question of the value of art arose. For the mimetic theory, by its very terms, challenges art to justify itself. Plato, who proposed the theory, seems to have done so in order to rule that the value of art is dubious. Since he considered ordinary material things as themselves mimetic objects, imitations of transcendent forms or structures, even the best painting of a bed would be only an "imitation of an imitation." For Plato, art is neither particularly useful (the painting of a bed is no good to sleep on), nor, in the strict sense, true. And Aristotle's arguments in defense of art do not really challenge Plato's view that all art is an elaborate trompe l'oeil, and therefore a lie. But he does dispute Plato's idea that art is useless. Lie or no, art has a certain value according to Aristotle because it is a form of therapy. Art is useful, after all, Aristotle counters, medicinally useful in that it arouses and purges dangerous emotions. In Plato and Aristotle, the mimetic theory of art goes hand in hand with the assumption that art is always figurative. But advocates of the mimetic theory need not close their eyes to decorative and abstract art. The fallacy that art is necessarily a "realism" can be modified or...
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...The Journal of Legal Medicine, 33:171–199 Copyright C 2012 American College of Legal Medicine 0194-7648 print / 1521-057X online DOI: 10.1080/01947648.2012.657993 THE GOOD, THE BAD AND THE UGLY A 50-STATE SURVEY EXPLORING FEDERAL AND STATE FIREARM REGULATIONS RELATED TO MENTAL HEALTH Jason Sterzer* The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government. This may be considered as the true palladium of liberty . . . . The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Whenever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.1 INTRODUCTION On April 16, 2007, Seung-Hui Cho went on a murderous rampage at Virginia Tech University, slaughtering 32 people before turning his gun on himself.2 Cho had previously been diagnosed with severe anxiety disorder and declared mentally ill in the Circuit Court of Montgomery County.3 At the time of the shooting, Virginia law prohibited the “purchase, possession, or transportation of any firearm by any person adjudicated ‘legally incompetent,’ ‘mentally incapacitated,’ or ‘incapacitated,’ whose competency or capacity [had] not been * Third-year law student...
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...Contents Preface Acknowledgments Introduction 1 BRAIN POWER Myth #1 Most People Use Only 10% of Their Brain Power Myth #2 Some People Are Left-Brained, Others Are Right-Brained Myth #3 Extrasensory Perception (ESP) Is a Well-Established Scientific Phenomenon Myth #4 Visual Perceptions Are Accompanied by Tiny Emissions from the Eyes Myth #5 Subliminal Messages Can Persuade People to Purchase Products 2 FROM WOMB TO TOMB Myth #6 Playing Mozart’s Music to Infants Boosts Their Intelligence Myth #7 Adolescence Is Inevitably a Time of Psychological Turmoil Myth #8 Most People Experience a Midlife Crisis in | 8 Their 40s or Early 50s Myth #9 Old Age Is Typically Associated with Increased Dissatisfaction and Senility Myth #10 When Dying, People Pass through a Universal Series of Psychological Stages 3 A REMEMBRANCE OF THINGS PAST Myth #11 Human Memory Works like a Tape Recorder or Video Camera, and Accurate Events We’ve Experienced Myth #12 Hypnosis Is Useful for Retrieving Memories of Forgotten Events Myth #13 Individuals Commonly Repress the Memories of Traumatic Experiences Myth #14 Most People with Amnesia Forget All Details of Their Earlier Lives 4 TEACHING OLD DOGS NEW TRICKS Myth #15 Intelligence (IQ) Tests Are Biased against Certain Groups of People My th #16 If You’re Unsure of Your Answer When Taking a Test, It’s Best to Stick with Your Initial Hunch Myth #17 The Defining Feature of Dyslexia Is Reversing Letters Myth #18 Students Learn Best When Teaching Styles Are Matched to...
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...on the Emotion Lexis Research ……………………………………………….….6 II. Linguistic Expression of the Concept and Principles of Its Contrastive Analysis……………12 1. Concept as an Object of Cognitive Linguistics ………………………………………...12 2. Specifity of Emotion Concepts …………………………………………………………16 3. Cognitive Theory of Metaphor and Its Application in Comparative Researches……….19 III. The Levels of the Analysis of the Concept of Anger and the Peculiarities of Its Translation……………………………………………………………………………………….25 1. Lexicographical Level…………………………………………………………………...25 2. The Level of Scenario of Prototypical Situation………………………………………...33 2.1. The Cause of Anger……………………………………………………………...34 2.2. The Manifestation of Anger……………………………………………………...37 2.3. The Attempt at Controlling Anger……………………………………………….42 2.4. The Loss of Control……………………………………………………………...45 2.5. The Retribution…………………………………………………………………..49 3. The Level of Conceptual Metaphors and the Peculiarities of Translation of the Concept of Anger…………………………………………………………………………………….50 3.1. ANGER IS A HOT FLUID IN A CONTAINER ……………………………….53 3.2. ANGER IS HEAT……………………………………………………………….58 3.3. ANGER IS FIRE………………………………………………………………...60 3.4. ANGER IS A LIVING BEING………………………………………………….63 3.5. ANGER IS AN OPPONENT IN A STRUGGLE……………………………….65 3.6. ANGER IS A DANGEROUS ANIMAL………………………………………..67 3.7. ANGER IS INSANITY………………………………………………………….70 3.8. ANGER IS A BURDEN…………………………………………………………72 3.9. ANGER IS COLD……………………………………………………………….74 Conclusions………………………………………………………………………………………79 ...
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...http://www.nybooks.com/articles/archives/1967/feb/23/a-special-supplement-the-responsibility-of-intelle/ the responsibility of intellectuals A Special Supplement: The Responsibility of Intellectuals Noam Chomsky FEBRUARY 23, 1967 ISSUE TWENTY-YEARS AGO, Dwight Macdonald published a series of articles in Politicson the responsibility of peoples and, specifically, the responsibility of intellectuals. I read them as an undergraduate, in the years just after the war, and had occasion to read them again a few months ago. They seem to me to have lost none of their power or persuasiveness. Macdonald is concerned with the question of war guilt. He asks the question: To what extent were the German or Japanese people responsible for the atrocities committed by their governments? And, quite properly, he turns the question back to us: To what extent are the British or American people responsible for the vicious terror bombings of civilians, perfected as a technique of warfare by the Western democracies and reaching their culmination in Hiroshima and Nagasaki, surely among the most unspeakable crimes in history. To an undergraduate in 1945-46—to anyone whose political and moral consciousness had been formed by the horrors of the 1930s, by the war in Ethiopia, the Russian purge, the “China Incident,” the Spanish Civil War, the Nazi atrocities, the Western reaction to these events and, in part, complicity in them—these questions had particular significance and poignancy. With respect to...
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..._______________________ CHAPTER 3 _______________________ HOLDERS IN DUE COURSE I. ACQUIRING HOLDER IN DUE COURSE STATUS If you remember the rule that a holder in due course takes free of most of the defenses the parties to the original transaction have against one another, it is easy to see why it is important to determine if the person currently possessing the instrument qualifies as a holder in due course. The basic definition is found in §3-302(a), which you should read carefully. Official Comment 4 to §3-302 makes it clear that the payee can qualify as a holder in due course in some rare situations. Normally, the payee is so involved in the underlying transaction that he or she has notice of problems affecting payment obligations, and thus cannot be a holder in due course. But the examples given in Official Comment 4 describe fact patterns where the payee is innocent of such knowledge and can therefore qualify for the protection given to holders in due course. See also Eldon’s Super Fresh Stores, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 296 Minn. 130, 207 N.W.2d 282, 12 U.C.C. Rep. Serv. 490 (1973), for an example of the payee as a holder in due course. 35 36 3. Holders in Due Course Subsection (c) gives a list of extraordinary transactions — creditors seizing instruments by judicial process, the sale of an inventoried business (a ‘‘bulk transaction’’), or the appointment of the administrator of an estate containing negotiable instruments — in which...
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...EVIDENCE OUTLINE Prof. Mark Bonner Fall 2012 |1 • INTRODUCTION | I. Trial Context A. types of evidence at trial 1. witnesses 2. real evidence – something tangible related to the case 3. demonstrative evidence – not part of the story, but lawyer wishes to show the jury something to demonstrate something about the case (e.g., experiment; picture of intersection) B. competing stories at trial – two ways stories can compete 1. factual differences 2. differences in inferences drawn from the same facts II. Policy Overview [values that the evidence rules protect] A. accuracy 1. rationality – does evidence have a rational relationship to the case? 2. reliability – is the evidence credible? B. efficiency – see FRE 403 C. fairness – rules should be party-neutral 1. but note: some rules exclude evidence to one party’s advantage (e.g., evidence that Δ fixed the steps after the accident excluded, b/c we want to encourage Δs to make steps safer) (e.g., Confrontation Clause, guarantees rt of accused in a criminal trial to confront witnesses brought against him) D. danger of misuse of information 1. one solution: limiting instructions 2. but sometimes we’re so skeptical of jury’s willingness/ability...
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...In the last three decades the USA has been troubled by an approaching problem, the serial killer. A serial killer is a person who kills a number of people, usually considered over five, with a cooling off period between each murder, usually one murder at one given time). Two murders at one time occasionally happen and these murders may go on for a period of months or years until the killer is caught. Throughout the last three decades the US serial killer rate has risen 94% and it is estimated that by the next millennium it will claim an average of 11 lives a day. Serial Murder is an epidemic; there are at least 35 serial killers active in the USA today who claim one third of the annual murder rate. The USA has 6% of the world's population yet it has three quarters of all serial killers. Not only are serial killers appearing in more numbers in the US but also all over the world countries are terrorized by serial killers, which are appearing in more numbers year and year after. KILLER TRAIT: A serial killer is a typical white male, 20-30, and most of them are usually in the USA. Their main motives are sex (even though the act of sex may or may not take place), power, manipulation, domination and control. The sex motive is usually rape for an organized killer and sadism for a disorganized killer. They act in a series of 5 or more murders with a cooling off period between each murder. Serial killers can go on for months and years before they are usually caught. The victim is usually...
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...GUJARAT UNIVERSITY SYLLABI OF THREE YEARS LL.B. PROGRAMME WITH CREDIT BASED SYSTEM (As prescribed by the BAR COUNCIL OF INDIA and as per the Rules of Legal Education, 2008) Effective from the academic year 2011-12 THREE YEARS’ LL.B. POGRAMME First LL. B. Semester – I FIRST LL.B. - SEMESTER 1 (MONSOON) PER WEEK CORE COURSE 101 SUBJECTS Law of Tort including MV Accident And Consumer Protection Laws Criminal Law Paper – I (General Principles of Penal Law) Criminal Law Paper – II (Specific Offences) Law of Contract Special Contract Constitutional History of India Use of Law Journals and Legal Software LECTURES 4 OTHERS 1 TOTAL 5 CREDITS (SEM)29 5 CORE COURSE 102 CORE COURSE 103 CORE COURSE 104 CORE COURSE 105 FOUNDATION 106 F SOFT SKILL 107 K 4 4 4 4 1 1 1 1 1 1 1 1 5 5 5 5 2 2 5 5 5 5 2 2 1 Semester – I Monsoon Semester CORE COURSE 101 : LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER PROTECTION LAWS Objectives of the course : With rapid industrialization, tort action came to used against manufacturers and industrial unit for products injurious to human beings. Presently the emphasis is on extending the principles not only to acts, which are harmful, but also to failure to comply with standards that are continuously changing due to advancement in science and technology. Product liability is now assuming a new dimension in developed economics. In modern era of consumer concern of goods and services, the law of torts has...
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...Media, Medicine and American Expectations What constitutes the media? Changed over time? What constitutes medicine? Health or health culture as alternate name to describe what course encompasses? Bert Hanson – medical breakthrough = social phenomenon * How has promise of medical breakthroughs influenced: media culture and patients expectations relationship between medicine and media place of medicine in American political culture How and why does the medical community use media to communicate with public? Increasingly interdependent spheres w/ differing perspectives on vision of media’s role is in “media-ted” world What makes health “news”? Producing Medical Heroes How and why has American society selected its medical heroes? How has this changed over time? What functions do depictions of heroic doctors (Walter Reed, and House, M.D.) and patients serve? How have fictional medical characters – in novels, Hollywood films, on TV – shaped expectations of medical culture? VD, HIV, and the Media How did the media contribute to the publics perception of venereal diseases and HIV? What images (both visual, and stories told to make a point) came most powerfully to cultural prominence? What were the aims of medical and public health authorities, the state, and media professionals in working to make those images publically visible? What role did the media play in changing public’s image of HIV? Stigmatization, Destigmatization, and Medical...
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