Portal:Law

Insanity in English law is a defence to criminal charges based on the idea that the defendant was unable to understand what he was doing, or, that he was unable to understand that what he was doing was wrong.

The defence comes in two forms; where the defendant claims he was insane at the time of the crime, and where the defendant asserts he is insane at the time of trial. In the first situation, the defendant must show that he was either suffering from a disease which damaged the functioning of the mind and led to a defect of reason that prevented him from understanding what he was doing, or that he could not tell that what he was doing was wrong. In the second situation, the test is whether or not the defendant can differentiate between "guilty" and "not guilty" verdicts, instruct counsel and recognise the charges he is facing. If successful, he is likely to be detained under the Criminal Procedure (Insanity) Act 1964, although judges have a wide discretion as to what to do.

Use of insanity as a concept dates from 1324, and its criminal application was used until the late 16th century in an almost identical way. The defence, if successful, either allowed the defendant to return home or led to him being incarcerated until he was granted a royal pardon; after 1542, a defendant who became insane prior to the trial could not be tried for any crime, up to and including high treason. During the 18th century the test to determine insanity became extremely narrow, with defendants required to prove that they could not distinguish between good and evil and that they suffered from a mental disease which made them incapable of understanding the consequences of their actions. The current wording comes from the M'Naghten Rules, based on the trial of Daniel M'Naghten in 1843. (Full article...)

William Mark Felt Sr. (August 17, 1913 – December 18, 2008) was an American law enforcement officer who worked for the Federal Bureau of Investigation (FBI) from 1942 to 1973 and was known for his role in the Watergate scandal. Felt was an FBI special agent who eventually rose to the position of Deputy Director, the Bureau's second-highest-ranking post. Felt worked in several FBI field offices prior to his promotion to the Bureau's headquarters. In 1980, he was convicted of having violated the civil rights of people thought to be associated with members of the Weather Underground, by ordering FBI agents to break into their homes and search the premises as part of an attempt to prevent bombings. He was ordered to pay a fine, but was pardoned by President Ronald Reagan during his appeal.

In 2005, at age 91, Felt revealed to Vanity Fair magazine that during his tenure as Deputy Director of the FBI he had been the anonymous source known as "Deep Throat", who provided The Washington Post reporters Bob Woodward and Carl Bernstein with critical information about the Watergate scandal, which ultimately led to the resignation of President Richard Nixon in 1974. Woodward, who had long vowed not to reveal Deep Throat's identity while the source was still alive, quickly confirmed Felt's claim. Though Felt's identity as Deep Throat was suspected, including by Nixon himself, it had generally remained a secret for 30 years. Felt finally acknowledged that he was Deep Throat after being persuaded by his daughter to reveal his identity before his death. (Full article...)

A statute is a formal written enactment of a legislative body, a stage in the process of legislation. Typically, statutes command or prohibit something, or declare policy. Statutes are laws made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, regulations issued by government agencies, and oral or customary law.^{[better source needed]} Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)

House Bill 444 (abbreviated H.B. 444) was a 2009 bill of the Hawaii State Legislature, passed in April 2010 and vetoed by Governor of Hawaii Linda Lingle, that would have legalized civil unions for couples in the state of Hawaii. Its legislative process was accompanied by controversy over the bill's content and effects and rallies were held by supporters and opponents.

The bill passed the Hawaii House of Representatives in February 2009 in a form specific to same-sex couples, was passed in amended form including opposite-sex couples by the Hawaii Senate in May 2009, and was carried over in the 2010 session, where it passed the Senate again in January 2010 with a veto-proof majority. The bill moved back to the House but was indefinitely postponed by a voice vote initiated by House Speaker Calvin Say, requiring a vote of two-thirds of Representatives to be taken up again in 2010, and was considered dead. In April 2010, on the last day of the legislative session, the House suspended the rules on the Senate bill and passed it with a majority, sending the bill to Governor Linda Lingle, who vetoed it in July 2010.

Hawaii did not allow same-sex marriages or civil unions, but two unmarried people can register for a reciprocal beneficiary relationship, which provides some of the rights and benefits that come with marriage. The bill was written to become law on January 1, 2010, would allow all couples to obtain rights equal to those of married couples, and make Hawaii the only state in the Western United States to allow civil unions instead of domestic partnerships. (Full article...)

• ... that the Lauterpacht Centre for International Law was named after its founder Sir Elihu Lauterpacht and his father Sir Hersch Lauterpacht?

• ... that Guido Jung was dismissed from the Royal Italian Army after the enactment of the Italian Racial Laws despite having served as Minister of Finance under Mussolini?

• ... that in the Bancoult litigation, the English courts and government first decided that the Chagossians could return home (pictured), then that they couldn't, then that they could, and then that they couldn't?

• ... that the tenor Alfred Vökt, who performed in the premiere of Henze's Il re cervo, had a Doctor of Law degree?

• ... that the General Alliance against Racism and for Respect for French and Christian Identity sued Le Figaro for defamation against Catholics?

• ... that martial law was declared in Russell County, Alabama in 1954 after the assassination of Attorney General candidate Albert Patterson?

• ... that the year and a day rule regarding homicide was abolished because of advances in medicine and forensic science?

Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...)

The Tichborne case was a legal cause célèbre that captivated Victorian England in the 1860s and 1870s. It concerned the claims by a man sometimes referred to as Thomas Castro or as Arthur Orton, but usually termed "the Claimant", to be the missing heir to the Tichborne baronetcy. He failed to convince the courts, was convicted of perjury and served a long prison sentence.

Roger Tichborne, heir to the family's title and fortunes, was presumed to have died in a shipwreck in 1854 at age 25. His mother clung to a belief that he might have survived, and after hearing rumours that he had made his way to Australia, she advertised extensively in Australian newspapers, offering a reward for information. In 1866, a Wagga Wagga butcher known as Thomas Castro came forward claiming to be Roger Tichborne. Although his manners and bearing were unrefined, he gathered support and travelled to England. He was instantly accepted by Lady Tichborne as her son, although other family members were dismissive and sought to expose him as an impostor.

During protracted enquiries before the case went to court in 1871, details emerged suggesting that the Claimant might be Arthur Orton, a butcher's son from Wapping in London, who had gone to sea as a boy and had last been heard of in Australia. After a civil court had rejected the Claimant's case, he was charged with perjury; while awaiting trial he campaigned throughout the country to gain popular support. In 1874, a criminal court jury decided that he was not Roger Tichborne and declared him to be Arthur Orton. Before passing a sentence of 14 years, the judge condemned the behaviour of the Claimant's counsel, Edward Kenealy, who was subsequently disbarred because of his conduct. (Full article...)

• ... that fridges filled with "frozen duck" sent to Britain actually contained illegal coins?
• ... that a complaint over an allegedly illegal transmitter move led to Texas radio station KFQX-FM being forced off the air for four hours in 1988?
• ... that under early English common law a person became legally dead when they entered a religious order?
• ... that the BK inequality was used to identify implausibly lucky Florida Lottery winners, whose involvement in illegal activities was later confirmed by investigations?
• ... that American legal scholar John Hart Ely penned a law review article castigating the Supreme Court's decision in Roe v. Wade, despite being pro-choice?
• ... that in Botswana, writer Unity Dow took legal actions as a plaintiff, legal counsellor, and judge to challenge gender discrimination and protect indigenous rights, before becoming a legislator?

• April 28: Reports: US judge Matthew Kacsmaryk redacted name of corporation he owned stock in on disclosure forms
• April 22: Russia sentences opposition activist Vladimir Kara-Murza to 25 years in penal colony
• April 21: Paris judge acquits Airbus, Air France of involuntary manslaughter in 2009 crash that killed 228
• April 12: Russian authorities charge US reporter Evan Gershkovich with espionage
• April 11: Maryland, US attorney general's office alleges historic child sexual abuse by Catholic Church officials
• April 10: Former US President Donald Trump pleads not guilty to 34 felony charges in Manhattan
• April 5: Russia charges peace activist in assassination of pro-war blogger in Saint Petersburg
• April 2: 'Unfounded and unsubstantiated': London policemen cleared of beating Muslim
• March 29: 'Carlos the Jackal' on trial in France for third life sentence
• March 13: Sydney, Australia woman who "spontaneously" murdered boyfriend in "fatal explosion of emotion" sentenced
• March 9: Islamabad High Court temporarily suspends arrest warrant against former Pakistani PM Imran Khan
• February 26: Canadian soldier who filmed himself sexually abusing colleague has appeal dismissed