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The abuse defense is a criminal law defense in which the defendant argues that a prior history of abuse justifies violent retaliation. While the term most often refers to instances of child abuse or sexual assault, it also refers more generally to any attempt by the defense to use a syndrome or societal condition to deflect responsibility away from the defendant.
In law, selective enforcement occurs when government officials (such as police officers, prosecutors, or regulators) exercise discretion, which is the power to choose whether or how to punish a person who has violated the law. The biased use of enforcement discretion, such as that based on racial prejudice or corruption, is usually considered a ...
In criminal law, a duress defense is similar to a plea of guilty, admitting partial culpability, so that if the defense is not accepted then the criminal act is admitted. Duress or coercion can also be raised in an allegation of rape or other sexual assault to negate a defense of consent on the part of the person making the allegation.
Threatening the government officials of the United States, particularly law enforcement officers, can in some cases fall under this statute. [2] It has been argued that the fundamental aim of this law was not to protect individual governmental officers, but to guard against the victimization of "government and its functions."
Use of a firearm in response to a non-lethal threat is a typical example of disproportionate force; however, such decisions are dependent on the situation and the applicable law, and thus the example situation can in some circumstances be defensible, Generally because of a codified presumption intended to prevent the unjust negation of this ...
Lawyers for a man charged with raping a teenage girl at a youth holding facility in New Hampshire tried to erode the accuser’s credibility at trial Wednesday, suggesting she had a history of ...
The PROTECT Act of 2003 (Pub. L. 108–21 (text), 117 Stat. 650, S. 151, enacted April 30, 2003) is a United States law with the stated intent of preventing child abuse as well as investigating and prosecuting violent crimes against children.
Ghislaine Maxwell's defense lawyers on Thursday called a psychologist who studies "false memories" to testify at the British socialite's sex abuse trial, part of their effort to undermine the ...