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:
“I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue!”
—Barry Goldwater (b. 1909)
“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)
“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.)