Justifying Circumstances Flashcards
First justifying circumstance
Self-defense; anyone who acts in defense of his persons or rights
Requisites of self-defense
- ) Unlawful aggression;
- ) Reasonable necessity of the means employed to prevent or repel it
- ) Lack of sufficient provocation on the part of the person defending himself
In unlawful aggression, danger must be ____ or _____.
Actual or imminent
The defense of person means the defense of ___. (2)
Life or limb
The defense of rights may include _____. (3)
- Honor
- Property
- Home
Actual danger means that ______.
Danger is present or is actually in existence.
Imminent danger must be _____. (2)
- ) Offensive
2. ) Positively strong
What should be considered in the determination of the the existence of unlawful aggression?
The circumstances as the accused perceived them at the time of the incident.
Test in determining the existence of unlawful aggression based on the circumstances as the accused perceived them.
- ) Whether his subjective belief as to the imminence and seriousness of the danger is reasonable;
- ) The reasonableness of his belief must be viewed from his standpoint at the time he acted
Test in determining the reasonable necessity of the means employed to prevent or repel unlawful aggression (2)
- ) Necessity of the course of action taken
2. ) Necessity of the means used
Necessity of the course of action taken is dependent upon the ______.
Existence of unlawful aggression.
Necessity of the means used means __________.
The means employed must be rationally neccessary.
Necessity of the means are dependent upon _____. (3)
- ) Nature and quality of weapons
- ) Physical condition, character, and size
- ) Other circumstances
The third requisite in self-defense exists under these circumstances. (4)
- ) When there is no provocation at all
- ) When there is provocation but not sufficient
- ) When the provocation was sufficient but it was not given by the person defending himself
- ) When even if the provocation was given by the person defending himself, it was not proximate and immediate to the act of aggression
Battered woman syndrome, as a defense, is valid even with the absence of any of the elements of self-defense provided that they experience the battering cycle twice. What comprises of the battering cycle?
- ) tension-building phase
- ) acute battering incident
- ) tranquil, loving phase