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The article discusses the reasons why the extreme emotional disturbance (EED) and common law adequate provocation defenses should be applied to intentional assault cases in the U.S. as a matter of fairness and conceptual symmetry. Other topics include the use of EED in homicide cases, the Model Penal Code (MPC) EED defense, and the culpability and history of the 'heat of passion' and 'adequate provocation' defense.

The article discusses the Court of Appeals case which deals with the conviction and sentencing of appellants for theft, common assault, and racially aggravated offences.

The article discusses the Court of Appeals case which deals with an appellant who was convicted due to wounding with intent causing bodily harm and possession of illegal weapon.

We explore the presence of gender sentencing disparities using large samples of assault, burglary and drugs offences from the Crown Court Sentencing Survey. We find significantly harsher sentences imposed on male offenders even after controlling for most case characteristics, including mitigating factors such as "caring responsibilities". Specifically the odds ratios of receiving a custodial sentence for offences of assault, burglary and drugs committed by a man as opposed to a woman are 2.84, 1.89 and 2.72. To put it in context, with the exception of "intent to commit serious harm", the gender effect was stronger than any other "harm and culpability 'factor applicable to assault offences. These disparities do not seem to stem primarily from differential interpretations of offender dangerousness. It is possible that they might be due to lower rates of reoffending amongst female offenders, or more probably to the higher punitive effect of custodial sentences on women. What seems clear is that sentencing is not gender neutral. If gender-specific sentencing guidelines are to be developed in the future it would be important that the noted disparities are taken in consideration. [ABSTRACT FROM AUTHOR]

The article discusses the court case Dixon v. Crown Prosecution Service wherein the appellant was charged of assaulting police officers who claimed were acting in the execution of their duty in Great Britain.

The article discusses historical sources related to the Spanish Inquisition's witch trials in the Kingdom of Navarre, Spain between 1609 and 1614. An investigator from the royal council of the Inquisition, known as the Suprema, in Madrid was sent to determine the justness of the proceedings, which resulted in the Suprema issuing a statement exonerating those found guilty of witchcraft and such stringent guidelines regarding witch trials, they effectively ended them in Spain. Records of legal suits claiming defamation and assault were filed at the Royal Court (Real corte mayor) of Navarre, by victims accused between 1609 and 1612.

The article presents a court case Griffiths v Crown Prosecution Service, in which a Queen's Bench Division judge dismissed the appeal of the defendant, who was convicted of assault during a domestic violence incident.

The article explores the practice of preliminary hearings in Utah in line with the decision of the Utah Supreme Court to reverse itself in the case involving the admissibility of preliminary hearing testimony at trial in the criminal case brought against Desean Goins for assault. Topics covered include purpose of the preliminary hearing, and how the Supreme Court decision affect the admissibility of preliminary hearing testimony when the witness becomes unavailable for trial.

The article discusses a court case about an appellant for his sentence due an assault against his girlfriend.

The article discusses the Court of Appeals case which deals with domestic violence and abuse, including information on criminal behavior orders, sentencing guidelines, and assault resulting to occasional actual body harm.

The article highlights decision of the England and Wales Court of Appeal (EWCA) in a criminal case "R v Wallace" allowing the appeal and ordering a retrial, that the seeking of death as a response to horrific injuries did not preclude the jury finding. It reports that the case surfaced after Berlinah Wallace attacked her partner Mark van Dongen with acid in which Dongen lost his left eye and most of the sight in his right eye.

The article discusses New York case law involving physical injury and serious physical injury which are elements of proof in the state's assault cases, and it mentions New York Penal Law and the litigation matter People v. Chiddick which deals with the substantial pain element of assault. The New York Court of Appeals case In re Philip A., which addresses harassment, is examined, along with trivial pain-based legal cases such as People v. Fews.

In certain instances, the courts appear to apply the law of civil battery in a confused and unfair manner to defendants with cognitive disabilities. In cases where there is the "appearance" of a civil battery-where the defendant causes harmful or offensive contact to the plaintiff-courts appear to assume the existence of the requisite intent and, accordingly, the commission of the tort. As justification, the courts frequently offer that "the insane are liable for their torts". This Article agrees that a cognitive disability, or "insanity" to employ the terminology often used by the courts, is not an affirmative defense to intentional torts in general or to battery in particular. The Article argues, however, that a relevant and diagnosable cognitive disability may in certain instances have bearing on the plaintiffs ability to meet the burden of proving the necessary, prima facie element of intent. In such instances, fairness and the proper application of the law of battery demand that the plaintiff meet this burden of proof before the case can move forward. North Carolina cases are among those that appear to confuse the prima facie element of intent with the affirmative defense of insanity. However, these North Carolina cases are now decades old and ripe for a revisit. This timing, coupled with the willingness of North Carolina courts to think innovatively about complex legal issues, makes the North Carolina judiciary an excellent candidate to clarify the law of civil battery as applied to persons with relevant and diagnosable cognitive disabilities. This Article is a plea to North Carolina courts to bring clarity to the law of civil battery and fairness to the assessment of liability in defendants with cognitive disabilities. [ABSTRACT FROM AUTHOR]

Assault occasioning actual bodily harm--offence aggravated by homophobic comments--offender pleading guilty but denying statutory aggravation--whether sentencing court required to hold Newton hearing to establish facts--Criminal Justice Act 2003 s. 146. [ABSTRACT FROM AUTHOR]

The aim of the present study was to better understand how the sex of a defendant and of a victim in an ambiguous assault case impact juror verdicts and perceptions of the defendant. Juror sexist attitudes and the impact of these beliefs on decision making were also investigated. Mock jurors completed a measure of sexist attitudes and read a brief summary of an assault case in which the sexes of the defendant and victim were manipulated. Participants then rendered a verdict and provided sentencing recommendations. Mock jurors recommended the harshest sentence for the male defendant who assaulted a female victim. However, the female defendant, regardless of victim sex, was perceived as more psychopathic. Results are discussed in terms of the selective chivalry theory of sexism. [ABSTRACT FROM PUBLISHER]

Considerable scholarly attention has been paid to a range of criminal behaviours that are perpetrated with the aid of digital technologies. Much of this focus, however, has been on high-tech computer crimes, such as hacking, online fraud and identity theft, or child exploitation material and cyberbullying. Less attention has been paid to ‘technology-facilitated sexual violence’, where new technologies are used as tools to perpetrate or extend the harm of a sexual assault, extend control and abuse in a domestic violence situation, or distribute sexual or intimate images of another without their consent. In this article, we focus on the scope and limitations of criminal legislation for responding to these varied but interconnected gendered harms. We argue that although there have been some developments in a range of international jurisdictions, particularly relating to the phenomenon of ‘revenge pornography’, much more needs to be done both within and beyond the law. Whilst we support the intervention of the criminal law, we argue that equal attention must be given to policies and practices of educators, law enforcement agencies, service providers, online communities and social media networks to fulfil the promise of equal and ethical digital citizenship. [ABSTRACT FROM AUTHOR]

The article discusses that laws on and cowardice of the indiscriminate act of violence referred to as one-punch assaults, or the knockout game, in Australia and Great Britain. often referencing the English court case "R v Loveridge." The potential for the one-punch assaults to result in death through head injuries. The influence that alcohol intoxication has on the one-punch assaults is discussed.

The article discusses a court case which dealt with the question as to whether the use of a chair by defendants as weapon was qualitatively different from a fist was prima facie a question of fact for the jury. The case was open to the jury to reasonably conclude that it was a joint attack on a common victim by irrational individuals who intended to inflict harm by any means at their disposal. It cites the contemplation principle as the cornerstone of accessorial and joint enterprise liability.

The article reports the decision of the Minnesota Supreme Court in the case 'State v. Fleck' that significantly dissociated two types of assault crimes-assault-fear and assault-harm. Topics discussed include Minnesota Supreme Court's decision in the case 'State v. Dorn;' actual application of force to the body; and charges for assault-harm.

The article discusses the England and Wales Court of Appeal Criminal Division case R. v Yasain (Mohammed Abdullah) decided on July 31, 2015 wherein the appellant was charged with four offences of common assault. It mentions that the court ordered sentences of three months' imprisonment under the section 39 of the Criminal Justice Act 1988 of Great Britain.

The article focuses on claims resulting from violent acts by students towards teachers and peers. Topics discussed include Catholic school being sued by a student in New York alleging negligence due to injuries inflicted on him due to assaults by his fellow classmate, a case filed by a teacher alleging injury inflicted upon her duet to assault by a student and a negligent supervision claim brought by a student who was injured as a result of assault by a peer.

The article focuses on cases concerning on-campus injuries caused to students in the U.S. schools. Topics discussed include a case wherein a student was hit by a bag swung by a fellow classmate undertaking practice swing, a case regarding injury caused to an elementary school student while playing tug-of-war game and student's claim for monetary damages alleging failure of school board for protect him from physical assault by a trespasser.

The article presents comments on a case in Great Britain in which the Attorney General sought leave to refer a total sentence of five years four months' imprisonment imposed upon the offender, following convictions for causing grievous bodily harm with intent and assault by beating.

Laying of information-time limits-defendant originally charged with indictable offence more than six months after alleged offence-charge later amended to summary only offence-whether magistrates ' court having jurisdiction to try offence-Magistrates ' Courts Act 1980 s. 127 [ABSTRACT FROM AUTHOR]

The article discusses a court case wherein Edina Day entered a plea of not guilty of assaulting Jac Jones. Topics covered include the acquittal of Day of the offence charged on the basis that Jones's injuries were self-inflicted, the common law defence of ejectment and the scope of the householder case.

The article reflects on the decision of Criminal Division of the Court of Appeal of Great Britain in the case R. v Aujla (Kabir Singh) in which defendant was convicted of assault with intent to rob and assault by beating. It mentions that conduct of trial and the duty to ensure efficient progress of trial with the judicial biasness. It mentions that the requirement of the Criminal Procedure Rules to manage cases and the per curiam of the trial judge.

Hearsay evidence--evidence of 999 calls--appellant charged with assault by beating--victim refusing to sign statement given to police due to fear of retaliation by appellant--victim not giving evidence at trial--justices admitting transcript evidence of 999 calls--whether evidence correctly admitted under res gestae principle--whether failure to call victim to give evidence preventing justices from exercising discretion to admit evidence--whether prosecution circumventing statutory provisions in favour of using doctrine of res gestae--Criminal Justice Act 2003 ss,114(l)(b) and U8(l)(4)(a) [ABSTRACT FROM AUTHOR]

The article discusses court cases R v Wells, Masud, Home and Kail wherein the court considered the legal issues on unfitness to plead and the operation of the trial of facts procedure. The court ruled involving specific incidents of alleged self-defense against an assault, attempted sexual assault and sexual assault as a secondary party based on the Criminal Procedure (Insanity) Act 1964. The facts of the cases is presented.

The article focuses on the decision of the Great Britain Court of Appeal (Criminal Division) case R. v Gardner (Karl) that involved trials and verdicts addressing charges of assault such as actual bodily harm. Topics discussed include examination and cross-examination of witnesses, appeals related to allegedly inconsistent verdicts and statutory test related to verdicts. It also mentions joint enterprise issues.