Defense
As an excuse defense, the "urban survival syndrome" is presented as a version of the abuse defense. Here an individual experiencing the daily life of racial segregation and violence common in many inner cities in the United States causes a subjective state equivalent to that caused by survival in a violent battleground of war. As such it leads to a condition similar to a syndrome already recognized in both psychological and psychiatric practices, that is, post-traumatic stress disorder (PTSD).
As a justification defense, the "urban survival syndrome" is offered to bolster self-defense claims in which a defendant argues that he or she should not be held criminally responsible for actions which broke the law, as the defendant was objectively reasonable in believing his or her lethal actions were necessary for survival. In this case, the act would be termed justifiable homicide. A defense of justification is a codification of the common law defense of necessity.
Read more about this topic: Urban Survival Syndrome
Famous quotes containing the word defense:
“Hence that general is skilful in attack whose opponent does not know what to defend; and he is skilful in defense whose opponent does not know what to attack.”
—Sun Tzu (6th–5th century B.C.)
“There’s no telling what might have happened to our defense budget if Saddam Hussein hadn’t invaded Kuwait that August and set everyone gearing up for World War II½. Can we count on Saddam Hussein to come along every year and resolve our defense-policy debates? Given the history of the Middle East, it’s possible.”
—P.J. (Patrick Jake)
“Our reliance is in the love of liberty which God has planted in our bosoms. Our defense is in the preservation of the spirit which prizes liberty as the heritage of all men, in all lands, every where.”
—Abraham Lincoln (1809–1865)