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Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment.It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes.
In English law, diminished responsibility is one of the partial defenses that reduce the offense from murder to manslaughter if successful (termed "voluntary" manslaughter for these purposes). This allows the judge sentencing discretion, e.g. to impose a hospital order under section 37 of the Mental Health Act 1983 to ensure treatment rather ...
Ohio State Law Journal. 83: 529–599. SSRN 3596957. McKoski, Raymond J. (2010). "Judicial Discipline and the Appearance of Impropriety: What the Public Sees Is What the Judge Gets" (PDF). Minnesota Law Review. 94: 1914. Rotunda, Ronald D. (October 5, 2005). "Alleged Conflicts of Interest because of the "Appearance of Impropriety" " (PDF ...
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.
Capacity in English law refers to the ability of a contracting party to enter into legally binding relations. If a party does not have the capacity to do so, then subsequent contracts may be invalid; however, in the interests of certainty , there is a prima facie presumption that both parties hold the capacity to contract.
An involuntarily committed, legally competent patient who refused medication had a right to professional medical review of the treating psychiatrist's decision. The Court left the decision-making process to medical professionals. 14th 1990 Washington v. Harper: Prisoners have only a very limited right to refuse psychotropic medications in prison.
The 2000 Act, one of the first Acts of the new Scottish Parliament, followed on from the Scottish Law Commission's report critical of the contemporary law in 1990. [19] The test for capacity is found in Section 1(6) of the 2000 Act: "Section 1(6) of the Adults With Incapacity (Scotland) Act 2000:
The Model Rules address many topics which are found in state ethics rules, including the client-lawyer relationship, duties of a lawyer as advocate in adversary proceedings, dealings with persons other than clients, law firms and associations, public service, advertising, and maintaining the integrity of the profession. Respect of client ...