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Encyclopedia > Abuse defense

The abuse defense, also called battered spouse defense in some U.S. jurisdictions (a term of jurisprudence), is a so-called "innovative defense" (perhaps better viewed as an excuse or justification); via which a defendant may argue that they should not be held criminally liable for breaking the law, as they were abused. Wikiquote has a collection of quotations by or about: United States Wikinews has news related to this article: United States United States government CIA World Factbook Entry for United States House. ... Jurisprudence is the scientific and historic study of law, inclusive of: Legal history, including legal historiography and hermeneutics; Legal philosophy; Legal science, e. ... Innovative defenses (the invention of which is sometimes called creative lawyering) are relatively new and untried defenses for having committed a criminal act. ... In jurisprudence, an excuse is a defense in which a defendant argues that he or she was not liable for his or her actions at the time a law was broken and thus he or she should not be held liable for a crime. ... Justification can mean: justification (jurisprudence) justification (typesetting) justification (theology) In epistemology, justification of a belief is what renders it worth believing in terms of its probable truth. ... A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... Common stereotype of a criminal A crime in a broad sense is an act that violates a political or moral law. ... In the most general sense, a liability is anything that is a hinderance, or puts one at a disadvantage. ... Corruption Jurisprudence Philosophy of law Law (principle) List of legal abbreviations Legal code Intent Letter versus Spirit Natural Justice Natural law Religious law Witness intimidation Legal research External links Wikibooks Wikiversity has more about this subject: School of Law Look up law in Wiktionary, the free dictionary Law, Legal Definitions... Abuse is a general term for the misuse of a person or thing, causing harm to the person or thing, to the abuser, or to someone else. ...


This is similar to the justification of self-defense and the excuse of provocation. According to the theory of battered woman's syndrome, women who suffer from domestic violence are unable to seek divorce and can, sometimes, be driven temporarily insane. Self defense and defense of others (sometimes called alter ego defense or defense of a third person) are a pair of legal theories under which otherwise tortious or illegal acts may be justified when committed for the purpose of protecting oneself, or for the purpose of protecting another person. ... In jurisprudence, provocation is a possible defense by excuse; via which, a defendant may argue that they should not be held criminally liable for breaking the law, as they were provoked by an aggressor. ... The word theory has a number distinct meanings depending on the context. ... Domestic violence, by barest definition, is violence within a home. ... This article needs to be cleaned up to conform to a higher standard of quality. ... In a criminal trial, the insanity defense are possible defenses by excuse, via which a defendant may argue that they should not be held criminally liable for breaking the law, as they were mentally ill or mentally incompetent at the time of their allegedly criminal actions. ...


Lawyers have expanded this theory to cover a number of situations. In 1994, Moosa Hanoukai received a mitigated sentence (manslaughter) during a murder trial in which he argued that his wife had abused him. In 1996, the Menendez brothers were found guilty of murdering their parents, despite their claim of being victims of sexual abuse. A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law (and in other forms of dispute resolution). ... 1994 was a common year starting on Saturday of the Gregorian calendar, and was designated the International year of the Family. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ... A jury trial is a trial where a judge or judges are supplemented by a jury, made up of citizens who are usually randomly selected and are generally not justice professionals. ... 1996 is a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ... Joseph Lyle (Lyle) Menendez (born January 10, 1968) and brother Erik Galen (Erik) Menendez (born November 27, 1971) were arrested in March, 1990, for the murders of their parents in August, 1989. ... Guilt is a concept used in various ways in various contexts. ... Parenting comprises all the tasks involved in raising a child to an independent adult. ... Sexual abuse is physical or psychological abuse or harm that involves sexual behavior. ...


  Results from FactBites:
 
History and Mission of National Child Abuse Defense & Resource Center - Education and other help defending false ... (563 words)
In child abuse cases, there is the continued working hypothesis among professionals charged with protecting children that if the allegation is made, abuse must have occurred and that the accused person must have perpetrated the abuse.
National Child Abuse Defense and Resource Center (NCADRC) strives for the day that the agencies responsible for investigating abuse and neglect claims are REQUIRED to remain unbiased and accountable for their actions.
Since there are so many issues involved in child abuse cases, and since the issues cover such a wide range of professional fields, it is extremely difficult for any attorney to keep abreast of the current research, data, case law, etc. that is crucial in providing that aggressive defense.
Total Criminal Defense - Child Abuse Lawyers (924 words)
Child abuse and cruelty charges typically apply specifically to adults who have care and custody of the children in question.
And, of course, actual physical abuse, generally of the type that would constitute battery if committed by a person not having care or custody of the child, may be charged under these statutes.
In addition to the specific child abuse statutes typically applying to those in custodial relationships with the children who are harmed, most states include sentence enhancements for batteries and other crimes when they are committed against children.
  More results at FactBites »


 

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