In 1962, the American Law Institute published its Model Penal Code, which includes an insanity test later adopted by many states. The second paragraph of the test excludes people with certain psychiatric conditions manifested by repeated criminal or antisocial conduct from using them as a basis for an insanity defense. Oregon adopted this test in 1971. Since then, its legislature and courts hav...

A large number of countries worldwide have legalized homosexual rights. But for 147 years, since when India was a British colony, Section 377 of the Indian Penal Code defines homosexuality as a crime, punishable by imprisonment. This outdated law violates the fundamental rights of homosexuals in India. Despite the fact that literature drawn from Hindu, Buddhist, Muslim, and modern fiction testi...

Although mental state defenses frequently are raised in cases of infanticide, legal criteria for these defenses vary across jurisdictions. We reviewed outcomes of such cases in states using M'Naughten or model penal code (MPC) standards for insanity, and the factors considered by the courts in reaching these decisions. LexisNexis and Westlaw searches were conducted of case law, legal precedent,...

judgment mistake has its own complexities for several reasons (difference of expediencies of the two legal/judicial systems, difference of precepts for judgment mistake in judiciary and penal discussions, divisions of various judgments and law in jurisprudence, law, etc.). judgment mistake with such a nature entails numerous questions. answering the question as to whether the judgment mistake i...

A current commercial web-based JDSS in New York State criminal law assists hundreds of judges statewide with questions of sentencing, lesser included offenses, plea bargaining and statutory interpretation. Maintenance of this system’s rule base with respect to sentencing has revealed instances where interactions between statutes imply conflicting rules. Resolution of such conflicts requires a v...

The Criminal Code of 1902 was in effect until October 2015, and has consequently framed Norwegian criminal law for more than a Century. The code was originally part of a larger penal reform and pivotal in Norwegian socialand criminal policy-making at the turn of the century. The Law Professor Francis Hagerup (1853-1921) emphasised the year before the code was adopted that the reform did not onl...

as a commercial instrument, bank check has an important role in the life of international economy. therefore, along with unification of international regulations for bill of exchange and promissory note, the idea of applying uniform regulations to the check was gradually improved led to the approval of three genève conventions in march 1931. the said conventions were accepted by most countries ...