Fear in the stolen person is one of the required ingredients. To represent a theft of the person and without it, the criminal expropriation of the property is a theft. It is not necessary for the owner of the property to be afraid of himself, but the fear of violence against the person of his child or his property is sufficient. In a legal context, a deterrent effect is the inhibition or discouragement of the legitimate exercise of natural and statutory rights by the threat of legal sanctions. [1] A deterrent effect may be caused by legal action such as the adoption of a law, a court decision or the threat of legal action; Any legal action that would make people reluctant to exercise a legitimate right (freedom of expression or otherwise) for fear of legal consequences. When this fear is caused by the threat of a defamation suit, it is called defamation. [2] A lawsuit brought specifically for the purpose of creating a deterrent effect can be described as a strategic action against public participation (SLAPP). However, it continued to be used as a legal term when William J. Brennan, a Justice of the Supreme Court of the United States, used it in a court decision (Lamont v. Postmaster General) repealing a law requiring a post-boss who received “communist political propaganda”[12] to expressly authorize the service. [13] You may be interested in the historical significance of this term. Browse or search Fear in Historical Law in the Encyclopedia of Law.
However, the term is now widely used outside of U.S. legalese, such as the deterrent effects of high prices[3] or police bribery or “expected aggressive effects” (e.g., personal relationships[4]). A state of anxious apprehension, apprehension or fear of harm, and this includes fear of economic loss as well as fear of physical violence. Translation of Fear , with examples. You can find more information about Temor`s free online translation into Spanish and other legal terms click here. An example of the “deterrent effect” in Canadian jurisprudence is found in Iorfida v. MacIntyre, where the constitutionality of a criminal law prohibiting the publication of documents on illicit drug use was challenged. The court noted that the law had a “chilling effect” on legitimate expression and could stifle political debate on issues such as marijuana legalization. [6] The Court noted that it had not adopted the same “deterrent effect” analysis used in U.S. law, but had considered the deterrent effect of the legislation as part of its own analysis. [7] In this context, “cooling” usually implies an unwanted slowdown. Outside the legal context in everyday language; Any coercion or threat of coercion (or other inconvenience) can have a deterrent effect on a group of people in relation to a particular behaviour and can often be measured statistically or clearly observed.
For example, the headline “Flood insurance price spikes act as a deterrent to some home sales”[3] and the abstract title of a two-part survey of 160 students involved in romantic relationships: “The deterrent effect of aggressive potentials on the expression of discomfort in intimate relationships.” [4] Search the dictionary of legal abbreviations and acronyms containing Fear for legal acronyms and/or abbreviations. In U.S. and Canadian law, the term deterrent effects refers to the stifling effect that vague or overly broad laws can have on legitimate speech activities. [5] For to distrust the judgment and honesty of a man who has only a common reputation in learning, and who has never been offended not to consider him fit to imprint his mind without a teacher or examiner, lest he should drop a schism or anything of corruption, is the greatest discontent and humiliation of a free and learned spirit. that can be placed on it. [9] However, Lamont was not about a law that explicitly stifles freedom of expression. The “deterrent effect” mentioned at the time was a “deterrent effect” on freedom of expression – even though no law explicitly prohibits it. However, in general, the term “deterrent effect” is also used in reference to laws or actions that do not explicitly prohibit legitimate speech, but overload speech. [14] A deterrent effect is one that reduces, suppresses, discourages, delays or otherwise delays concerns of any kind. Crim. Law.
Fear, awareness of the approaching danger. This definition of fear is based on the Cyclopedic Law Dictionary. This entry needs to be proofread. Fear of damage. Fear of evil or punishment, which is manifested by external and visible signs of emotions. Proof of guilt in some cases. See Burrill, Circ. 476. Edward Snowden revealed in 2013 that the US government`s upstream program was collecting data on people reading Wikipedia articles. This revelation had a significant impact on readers` self-censorship, as evidenced by the fact that there were far fewer views for articles related to terrorism and security.
[15] The Wikimedia Foundation`s lawsuit against the NSA has since followed. In 1644, John Milton expressed the deterrent effect of censorship in Areopagitica: Browse or search for Fear in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law, or the Latin American and Spanish Encyclopedia of Law. The term cooling effect has been used in the United States since 1950. [10] The U.S. Supreme Court first mentions the “deterrent effect” associated with the U.S. Constitution in Wieman v. Updegraff in 1952. [11] Powered by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. Referring to the case of Ömer Faruk Gergerlioğlu in Turkey, the Office of the United Nations High Commissioner for Human Rights (OHCHR) stated that Turkey`s abuse of counter-terrorism measures can have a chilling effect on the enjoyment of fundamental freedoms and human rights. [8].