Urban survival syndrome
The urban survival syndrome, in United States
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.[1]
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).[2]
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.[1]
History
State v. Brown
In State v. Brown,
The New Mexico Court of Appeals reversed the decision to exclude expert testimony and remanded the case back for a new trial. The court felt such testimony supported Brown in his claim that he was in fear of immediate bodily harm when he shot the police officers, rather than acting out of anger and rejection of authority, as the prosecution alleged. Therefore, evidence bearing on Brown's state of mind at the time of the offense had been excluded as a reversible error.[1]
People v. Goetz
In
Osby trial
State v. Kelly (1984), by allowing testimony on battered woman syndrome, opened the door to considering the subjective state of the perpetrator as a pathological syndrome caused by environmental factors and allowing a defense on those grounds.[1]
The term "urban survival syndrome" was first used in 1994 in a
Based on the testimony, the defense attorneys argued that the defendant's belief that he was in danger for his life was reasonable, and therefore he was justified in using lethal force. The jury of nine whites and three blacks deadlocked, eleven to one, in favor of conviction. The prosecutor was a black attorney who forcefully argued that there was no such syndrome in the field of psychiatry as "urban survival syndrome". The one holdout was a black man from the same neighborhood as Osby and who agreed that the area was a "war zone".[1] Six jury members interviewed after the trial said they disregarded the defense as far-fetched. Further, a coalition of black ministers from Osby's neighborhood publicly disavowed that the neighborhood was so dangerous and complained that the defense reinforced racial stereotypes.[4]
Upon retrial on the murder charges, the defense attempted to introduce testimony from a psychologist, in addition to that of the sociologist, on the psychological effects of living in a violent urban area. The psychologist's testimony was disallowed and Osby was convicted on the two murder counts and sentenced to serve life in prison.[1]
Criticisms
The "urban survival syndrome" has been criticized by blacks as a stereotype as if all blacks react in the same way: that as a group blacks are violent, angry and more than likely guilty.[5] This perspective demonstrated the flaw in any defense that depends on the rules and mores of a subculture as a replacement for those of the dominant society.[3] Fort Worth minister Ralph Waldo Emerson stated:
[The Osby mistrial] says 'these folks' can't help shooting each other,... And it says to already nervous law-enforcement officials that they'd better be ready to draw when they stop someone in our community.[5]
The battered woman syndrome has been criticized on similar grounds: that it encourages the societal stereotype of women as helpless and incapacitated. While the court testimony can support the woman's actions as reasonable under the circumstances as self-defense, the courts seem to focus on testimony that portray the battered woman as "dysfunctional". Further problems arise with this defense when an analogous syndrome, the "battered child syndrome" is used as a defense, as the unique susceptibility of a woman to domestic violence can seem to be undercut.[1]
See also
- Abuse defense
- Black rage
Notes
- ^ a b c d e f g h i
Richard M. Bonnie, Anne M. Coughlin, John C. Jefferies, Jr. and Peter W. Low (1997). Criminal Law. Westbury, New York: The Foundation Press. pp. 331, 374–378. ISBN 1-56662-448-7.)
{{cite book}}: CS1 maint: multiple names: authors list (link - ^ Clarke, George W. "NCJRS Abstract - National Criminal Justice Reference Service". www.ncjrs.gov. Retrieved 2008-08-15.
- ^ a b Wachtler, Chief Judge. "The People of the State of New York, Appellant, v. Bernhard Goetz, Respondent - Court of Appeals of New York". wings.buffalo.edu. Archived from the original on 2008-12-10. Retrieved 2008-08-17.
- ^ a b .
Harris, Paul (May 1999). Black Rage Confronts the Law - Google Book Search. ISBN 9780814735923. Retrieved 2008-08-15.
- ^ a b Gregory, Sophreonia Scott (1994-06-06). "Oprah! Oprah in the Court! - TIME". www.time.com. Archived from the original on September 3, 2010. Retrieved 2008-08-16.
External links
- Estrich, Susan (July 2009). Getting Away With Murder: How ... - Google Book Search. ISBN 9780674036604. Retrieved 2008-08-15.