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Author: Cynthia Lee
Publisher: NYU Press
ISBN: 0814765149
Category : Law
Languages : en
Pages : 383
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Book Description
A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.
Author: Cynthia Lee
Publisher: NYU Press
ISBN: 0814765149
Category : Law
Languages : en
Pages : 383
Get Book Here
Book Description
A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.
Author: Cynthia Lee
Publisher: NYU Press
ISBN: 0814751156
Category : Law
Languages : en
Pages : 383
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Book Description
Demonstrates how social norms and beliefs influence the outcomes in certain criminal cases.
Author: Hisham M. Ramadan
Publisher: University Press of America
ISBN: 9780761828532
Category : Law
Languages : en
Pages : 138
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Book Description
This book offers critical analysis for jury instructions in the United States. Supported by court decisions, careful interpretation of the United States Constitution, and jurist's arguments, Hisham M. Ramadan thoroughly examines the mental elements in crime, the burden of proof in criminal trials, and the doctrine of reasonableness.
Author: David C. Brody
Publisher: Jones & Bartlett Learning
ISBN: 9780834210837
Category : Law
Languages : en
Pages : 674
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Book Description
Criminal Justice / Law Enforcement
Author: Shani D'Cruze
Publisher: Routledge
ISBN: 1134018061
Category : Social Science
Languages : en
Pages : 168
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Book Description
This book seeks to unravel the issues associated with the crime of murder, providing a highly accessible account of the subject for people coming to it for the first time. It uses detailed case studies as a way of exemplifying and exploring more general questions of socio-cultural responses to murder and their explanation. It incorporates a historical perspective which both provides some fascinating examples from the past and enables readers to gain a vision of what has changed and what has remained the same within those socio-cultural responses to murder. The book also embraces questions of race and gender, in particular cultural constructions of masculinity and femininity on the one hand, and the social processes of 'forgetting and remembering' in the context of particular crimes on the other. Particular murders analysed included those of Myra Hindley, Harold Shipman and the Bulger murder.
Author: John Delaney
Publisher: John Delaney Publications
ISBN: 0960851461
Category : Criminal law
Languages : en
Pages : 467
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Book Description
More than most other books about the criminal law, this presentation focuses on "Learning Criminal Law as Advocacy Argument." In each criminal-law topic, it presents in building-block form the limited repertoire of core issues and related arguments so that you can concentrate on learning and practicing those that your professor has stressed in class, in her materials, and on her old exams. You can know the issues on the exam before you go into the exam room.In each criminal-law topic there is a limited repertoire of core issues that must be identified and then resolved with advocacy argument. This pattern of issues and arguments arises from embedded and recurring factual patterns and the resulting criminal law performance of prosecutors, defense lawyers, and trial and appellate judges over decades and even centuries. Your professor presents only some of the core issues and related arguments from these repertoires in her course and on her criminal-law exam. Thus, you can systematically learn the set of core issues and arguments in each topic presented by your and know the issues before you go into the exam room. The exam then presents no surprises.What do you mean by resolving the core issues "with advocacy argument?"Identifying the core issues from your professor?s course is the first critical task. The second critical task is resolving these issues with advocacy argument. Advocacy argument is the lawyer?s single-minded marshalling of the relevant facts and doctrine that are necessary to resolve the identified issues in favor of either the prosecution or defense. This book helps you with both tasks: identifying the exam issues and resolving them.
Author: United States. Department of the Army
Publisher:
ISBN:
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 234
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Book Description
Author: Mark Tebbit
Publisher: Psychology Press
ISBN: 0415334411
Category : Law
Languages : en
Pages : 262
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Book Description
"Simultaneously published in the USA and Canada."
Author: Jacques M. Quen
Publisher: Routledge
ISBN: 1134888376
Category : Psychology
Languages : en
Pages : 306
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Book Description
Over the course of an illustrious career, the late Bernard Diamond established himself as the preeminent forensic psychiatrist of the century. The Psychiatrist in the Courtroom brings together in a single volume Diamond's pivotal contributions to a variety of important issues, including the nature of diminished capacity, the fallacy of the impartial expert, the predictability of dangerousness, and the unacceptability of hypnotically facilitated memory in courtroom proceedings. Ably introduced and edited by Jacques M. Quen, M.D., a close colleague of Diamond's and leading historian of forensic psychiatry, these writings enable experts and neophytes alike to track Diamond's evolving positions while clarifying where current legal and psychiatric opinion converge -- and diverge -- on a host of critical topics. For the forensic specialist, The Psychiatrist in the Courtroom is not only an invaluable reference work but a compassionate reminder of the clinician's obligation to protect patients in legal proceedings. And in an age when clinicians are increasingly called into court, the book will be no less valuable to psychoanalysts and other mental health professionals eager for an introduction to the intricacies of judicial reasoning. Then, too, owing to Diamond's clinical acumen, the book is a compelling human document. With great erudition and deep compassion, Diamond tackles these and other knotty questions, always with an eye to clarifying the legal and clinical implications of the answers. By combining superb clinical gifts with an incisive understanding of legal principle, Diamond produced a seminal corpus whose relevance to discussions of therapeutic ethics and to legal debates will continue well into the next century.
Author: Raymond Bonner
Publisher: Vintage
ISBN: 0307948544
Category : True Crime
Languages : en
Pages : 338
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Book Description
From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt's battle to save Elmore's life and shows us how his case is a textbook example of what can go wrong in the American justice system. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.
