Also known as: aggressions · act of aggression · crime of aggression · armed aggression
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An act of armed force by one state against the sovereignty, territorial integrity, or political independence of another state or in a manner inconsistent with the United Nations Charter. The category includes invasion, attack, blockade, or landing of troops.
An act of armed force by one state against the sovereignty, territorial integrity, or political independence of another state or in a manner inconsistent with the United Nations Charter. The category includes invasion, attack, blockade, or landing of troops.
A senator publicly criticized a researcher's federal grant as wasteful. The researcher sued for defamation, alleging the statements amounted to political aggression that damaged his reputation. The court examined whether the speech concerned a matter of public concern.
Conduct by one person that creates a reasonable apprehension of imminent harmful or offensive contact in another. The conduct supplies the threat element in assault and triggers the privilege of self-defense when the threatened harm is serious.
Carlos grabbed Luis by the shoulder at Apex Auto, spun him around, and raised a fist inches from his face. Luis swung a tire iron at Carlos's arm to stop the blow. The force Luis used was justified because Carlos's conduct created an imminent threat of serious bodily harm.
A grand jury subpoenaed a reporter who had published a story based on confidential sources. The reporter refused to disclose the sources, citing fear of government aggression against informants. The court weighed the reporter's claim against the need for testimony in a criminal investigation.
Conduct by one person that creates a reasonable apprehension of imminent harmful or offensive contact in another. The conduct supplies the threat element in assault and triggers the privilege of self-defense when the threatened harm is serious.
Each sense below has its own examples, sources, and questions.
A state board required students to salute the flag as a symbol of protection against foreign aggression. Students who refused on religious grounds faced expulsion. The court addressed whether the compulsion violated free speech protections.
A chronic alcoholic was charged with assault after an aggressive episode triggered by drinking. The defense argued the condition removed the capacity for control. The court considered whether the aggression was voluntary conduct subject to criminal liability.
A defendant charged with murder offered psychiatric testimony that a mental condition negated intent. The prosecution countered that the evidence showed only a general aggressive personality. The court limited the evidence to issues of mens rea rather than character.
Serious bodily harm differs in kind, not merely degree, from other harm. It includes harm creating a substantial risk of death, harm constituting mayhem, or permanent loss of function of an important organ or member.
A visible and controlled halt just short of contact can show that no actual contact was intended. When the actor's conduct demonstrates restraint, a reasonable person may not apprehend that harmful contact will occur.
Deadly force is justified without a duty to retreat when the actor is at his or her place of work and is not the initial aggressor. The rule creates an exception to any general retreat requirement for the workplace.
An honest though unreasonable belief that deadly force is necessary can mitigate an intentional killing to voluntary manslaughter. The mitigation turns on the defendant's subjective sincerity rather than objective reasonableness.
…against the strong, security against the exercise of arbitrary power, and absolute safety for free institutions against foreign aggression, and "WHEREAS, The West Virginia State Board of Education maintains that the public schools, established by the legislature of the State of West Virginia under the authority of the…