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The Marchman Act, officially the "Hal S. Marchman Alcohol and Other Drug Services Act of 1993", is a Florida law that provides a means of involuntary and voluntary assessment and stabilization and treatment of a person allegedly abusing alcohol or drugs. [1] Prior to October 1, 1993, substance abuse was addressed by chapters 396 and 397.
The word "voluntary" appears 53 times in the Baker Act, while the word "involuntary" appears 224 times. [15] The Baker Act addresses "voluntary admission" (F.S. 394.4625), including the authority to receive patients, discharge of voluntary patients, notice of right to discharge, and transfer to voluntary status from an involuntary status. [16]
Later case law has interpreted Frazier v. Cupp as the case permitting police deception during interrogations. The language of the ruling did not specifically state which forms of police deception were acceptable, but the ruling provided a precedent for a confession being voluntary even though deceptive tactics were used.
One is the "Consent to Search" law which requires an officer to inform someone they have the right to deny a search and to make sure that person understands that right. The other is the "NYPD ID" law, which requires the officer, in certain situations, to hand out business cards with their name, rank, badge number and command. [19] [20] [21]
The Voluntary Act Requirement (VAR) is a predicate that prevents those convicted from being punished for involuntary conduct that may be linked to crime. [12] Accordingly, justifying a conviction requires an action to be (a) willingly taken, (b) necessary for a crime's occurrence, and (c) able to be attributed beyond doubt to voluntary efforts ...
Manslaughter exists in two forms in New South Wales: Voluntary or Involuntary Manslaughter. In New South Wales, in cases of voluntary manslaughter, both the actus reus (literally guilty act) and mens rea (literally guilty mind) for murder are proven but the defendant has a partial defence, such as extreme provocation or diminished responsibility.
Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. [1] [2] [need quotation to verify] [3] It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response.
The United States' Model Penal Code (MPC) does not use the common law language of voluntary and involuntary manslaughter. Under the MPC, a homicide that would otherwise be murder is reduced to manslaughter when committed "under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse".