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[citation needed] The clearest evidence in these cases is the physical body of the deceased. However, in the event that a body is not present or has not yet been discovered, it is possible to prove a crime took place if sufficient circumstantial evidence is presented to prove the matter beyond a reasonable doubt. [2]
The Macdonald triad (also known as the triad of sociopathy or the homicidal triad) is a set of three factors, the presence of any two of which are considered to be predictive of, or associated with, violent tendencies, particularly with relation to serial offenses.
According to Black's Law Dictionary justifiable homicide applies to the blameless killing of a person, such as in self-defense. [1]The term "legal intervention" is a classification incorporated into the International Classification of Diseases, Tenth Revision, and does not denote the lawfulness or legality of the circumstances surrounding a death caused by law enforcement. [2]
[3] For example, the mens rea of aggravated battery is the intention to do serious bodily harm. Mens rea is almost always a necessary component in order to prove that a criminal act has been committed. [1] [2] Mens rea varies depending on the offense. For murder, the mental element requires the defendant acted with "malice aforethought".
The burden of proof then falls on the prosecution to produce evidence to support their position. In such a case, a legal burden will always rest on the prosecution to prove beyond reasonable doubt that the defendant was not acting in self-defence. A legal burden is determined by substantive law, rests upon one party and never shifts. [5]
Psychoanalytic criminology is a method of studying crime and criminal behaviour that draws from Freudian psychoanalysis.This school of thought examines personality and the psyche (particularly the unconscious) for motive in crime. [1]
In the law of evidence, consciousness of guilt is a type of circumstantial evidence that judges, prosecutors, and juries may consider when determining whether a defendant is guilty of a criminal offense. It is often admissible evidence, [1] and judges are required to instruct juries on this form of evidence. [2]
It is possible to convict someone of murder without the purported victim's body in evidence. However, cases of this type have historically been hard to prove, often forcing the prosecution to rely on circumstantial evidence, and in England there was for centuries a mistaken view that in the absence of a body a killer could not be tried for murder.