State V. Leidholm
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''State v. Leidholm'',
Supreme Court of North Dakota The North Dakota Supreme Court is the highest court of law in the state of North Dakota. The Court rules on questions of law in appeals from the state's district courts. Each of the five justices are elected on a no-party ballot for ten year te ...
, 334 N.W.2d 811 (1983), is a
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
case distinguishing the subjective and objective standard of reasonableness in a case where a battered woman used
self-protection Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
as a defense.Criminal Law Cases and Materials, 7th ed. 2012, John Kaplan, Robert Weisberg, Guyora Binder Janice Leidholm had killed her husband near Washburn, North Dakota and claimed self defense. The case clarifies between the defenses of
justification and excuse Justification and excuse are different defenses in a criminal case.Criminal Law Cases and Materials, 7th ed. 2012, John Kaplan, Robert Weisberg, Guyoris the a Binder Both defenses admit that the defendant committed an act proscribed by law. The pr ...
. The case overturned Janice Leidholm’s prior conviction regarding her husband’s death.Dubber, Markus, and Hörnle, Tatjana. ''Criminal Law: A Comparative Approach''. United Kingdom, OUP Oxford, 2014. Page 445.


References

North Dakota state case law 1983 in North Dakota 1983 in United States case law Domestic violence in the United States Self-defense McLean County, North Dakota Mariticides {{US-case-law-stub