Search Results for: capacity defense

psychiatric examination

psychiatric examination. Criminal law. An analysis performed by a psychiatrist to determine a defendant’s mental state. • A defendant in a criminal prosecution may undergo a psychiatric examination to determine competence to stand trial or to establish a defense based on some mental condition, such as insanity. — Also (more broadly) termed mental examination. See […]

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illegality

illegality, n. 1. An act that is not authorized by law. 2. The state of not being legally authorized. “A contract made ultra vires is void; but not [strictly speaking] on the ground of illegality. Lord Cairns … takes exception to the use of the term ‘illegality,’ pointing out that it is not the object

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incompetency

incompetency, n. Lack of legal ability in some respect, esp. to stand trial or to testify (once the defense lawyer established her client’s incompetency, the client did not have to stand trial). — Also termed incompetence; mental incompetence. Cf. INCAPACITY. [Cases: Homicide 816; Witnesses 35. C.J.S. Witnesses §§ 87–88, 90, 92.] — incompetent, adj.

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mayhem

mayhem (may-hem), n. 1. The crime of maliciously injuring a person’s body, esp. to impair or destroy the victim’s capacity for self-defense. • Modern statutes usu. treat this as a form of aggravated battery. See BATTERY. Cf. serious bodily injury under INJURY. [Cases: Mayhem 1. C.J.S. Mayhem §§ 2–6.] “Mayhem, according to the English common

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