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:
“The sick man is taken away by the institution that takes charge not of the individual, but of his illness, an isolated object transformed or eliminated by technicians devoted to the defense of health the way others are attached to the defense of law and order or tidiness.”
—Michel de Certeau (1925–1986)
“He said, truly, that the reason why such greatly superior numbers quailed before him was, as one of his prisoners confessed, because they lacked a cause,—a kind of armor which he and his party never lacked. When the time came, few men were found willing to lay down their lives in defense of what they knew to be wrong; they did not like that this should be their last act in this world.”
—Henry David Thoreau (1817–1862)
“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)