New York Law (NYLE) Practice Exam

From whose viewpoint is the determination of extreme emotional disturbance made?

1. A reasonable person under similar circumstances

2. A person in the defendant's situation, under the same circumstances

3. A person in the defendant's situation, under the circumstances as a reasonable person would believe them to be

4. A person in the defendant's situation, under the circumstances as the defendant believed them to be

The correct answer is: A person in the defendant's situation, under the circumstances as the defendant believed them to be

The determination of extreme emotional disturbance is made from the viewpoint of the defendant, specifically considering the circumstances as the defendant believed them to be. This approach acknowledges the subjective experience of the defendant at the time of the incident, recognizing that their emotional state and reactions may differ from an objective standard. This perspective emphasizes the individual's personal understanding and perception of the situation, which can significantly influence their actions and the overall context of the case. By allowing for this subjective viewpoint, the law accommodates the complexities of human emotions and the varying degrees of distress that individuals may experience in high-stress situations. In contrast, the other viewpoints focus on either an objective reasonable person standard or a hypothetical scenario that may not accurately reflect the defendant's unique emotional circumstances at the moment of the incident.