Friday, September 14, 2012

Robinson v. State case brief

Robinson v. State (SC 1992) – Even when the batterer is absent or asleep where torture appears interminable and escape impossible, the belief that only the death of the batterer can provide relief may be reasonable in the mind of a person of ordinary firmness.

  • Seeking Professional Help: There is usually no SD when a BW seeks professional help to kill her abuser (seen as premeditation).
  • Defense of another: The widely accepted rule is that someone who comes to the aid of a person in peril can use deadly force to prevent the attack, under the same circumstances that would justify the use of deadly force by the endangered person herself.
  • Imminence in other contexts: The rule is that force can be used only to rebuff and attach that is imminent in the sense that it is about to happen right then and there.

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