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The Court had recognized these two rights on competency for some time. In Dusky v.United States, 362 U.S. 402 (1960), and in Drope v. Missouri, 420 U.S. 162 (1975), the Court established the standard for competency to stand trial—the defendant must have a "rational and factual understanding" of the nature of the proceedings, and must be able to rationally assist his lawyer in defending him.
A special agency was established to reorganize the entire body of law for the State of Indiana, leading to the development of 36 distinct Titles that correspond to subject categories. [citation needed] The first official edition of the Indiana Code was published by West Publishing Company, under direction of the Indiana Legislative Council.
To commit a criminal offence of ordinary liability (as opposed to strict liability) the prosecution must show both the actus reus (guilty act) and mens rea (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time.
An Indianapolis woman accused of backing her car into a building she believed held an “Israeli school" was ordered Wednesday by a judge to stay away from synagogues and other Jewish religious ...
She said other Level 6 felonies, such as criminal recklessness, domestic battery and theft, are sometimes eligible for pretrial diversion, "depending on the unique facts and circumstances of the ...
Comments made by Indiana Attorney General Todd Rokita last year have prompted a formal complaint from the Indiana Supreme Court Disciplinary Commission, which was filed on Monday. The nine-member ...
In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).
Kevin DaVante Kemp, 30, was arrested on preliminary counts of neglect of a dependent, resisting law enforcement, criminal recklessness, possession of marijuana and possession of paraphernalia.