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urban survival syndrome : ウィキペディア英語版
urban survival syndrome
The urban survival syndrome, in United States jurisprudence, can be used either as a defense of justification or of excuse. The first case using, unsuccessfully, the defense of "urban survival syndrome" is the 1994 Fort Worth, Texas murder trial of Daimion Osby.
The use of the urban survival syndrome as a defense to criminal charges followed the success of the battered woman syndrome defense in ''State v. Kelly'' (1984), which was based on the acceptance that the presence of such a syndrome may cause the defendant, a victim of domestic violence, to reasonably believe she was in peril and was therefore justified in using deadly force, given the circumstances.〔

==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.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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