question for crim law Forum
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question for crim law
How individualized is the MPC reasonableness standard? Even in MPC jurisdictions, juries are asked to assess battered women by a reasonable person standard, right? So does MPC's reasonableness standard essentially only adjust for age?
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Re: question for crim law
At least under NY penal code, which takes the same possession as MPC for self-defense I believe, the standard is a reasonable person in the actor's situation. It is a mix of an objective and subjective standard, and the defense can submit evidence that goes to: Physical movements of the potential assailant, Any relevant knowledge the victim had about that person, Physical attributes of all persons involved including the victim, the victim’s prior experiencesbigbirdfly wrote:How individualized is the MPC reasonableness standard? Even in MPC jurisdictions, juries are asked to assess battered women by a reasonable person standard, right? So does MPC's reasonableness standard essentially only adjust for age?
The victim's prior experiences is the line-drawing prong, where it is not clear which evidence is admissible.