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:
“Though a censure lies against those who are poor and proud, yet is Pride sooner to be forgiven in a poor person than in a rich one; since in the latter it is insult and arrogance; in the former, it may be a defense against temptations to dishonesty; and, if manifested on proper occasions, may indicate a natural bravery of mind, which the frowns of fortune cannot depress.”
—Samuel Richardson (1689–1761)
“If violence is wrong in America, violence is wrong abroad. If it is wrong to be violent defending black women and black children and black babies and black men, then it is wrong for America to draft us, and make us violent abroad in defense of her. And if it is right for America to draft us, and teach us how to be violent in defense of her, then it is right for you and me to do whatever is necessary to defend our own people right here in this country.”
—Malcolm X (1925–1965)
“The aims of life are the best defense against death.”
—Primo Levi (1919–1987)