Definition
The abuse defense is "the legal tactic by which criminal defendants claim a history of abuse as an excuse for violent retaliation". In some instances, such as the Bobbitt trial, the supposed abuse occurs shortly before the retaliative act; in such cases, the abuse excuse is raised as a means of claiming temporary insanity or the right of self-defense. In other trials, such as those of the Menendez brothers, the supposed abuse occurs over a prolonged period of time, often beginning during the defendant's childhood; this relates the abuse defense to the concept of diminished capacity. Because the victim of the act is often the person who committed abuse against the defendant in the past, the goal of the abuse excuse is to "put the victim on trial" and show that the abuser "had it coming".
Read more about this topic: Abuse Defense
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