murder and the reasonable man passion and fear in the criminal courtroom critical america

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Murder And The Reasonable Man

Author : Cynthia Lee
ISBN : 9780814765142
Genre : Law
File Size : 89. 48 MB
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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.

Greasers And Gringos

Author : Steven W. Bender
ISBN : 9780814798881
Genre : Law
File Size : 65. 97 MB
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Is bisexuality coming out in America? Bisexual characters are surfacing on popular television shows and in film. Newsweek proclaims that a new sexual identity is emerging. But amidst this burgeoning acknowledgment of bisexuality, is there an understanding of what it means to be bisexual in a monosexual culture? RePresenting Bisexualities seeks to answer these questions, integrating a recognition of bisexual desire with new theories of gender and sexuality. Despite the breakthroughs in gender studies and queer studies of recent years, bisexuality has remained largely unexamined. Problematic sexual images are usually attributed either to homosexual or heterosexual desire while bisexual readings remain unexplored. The essays found in RePresenting Bisexualities discuss fluid sexualities through a variety of readings from the fence, covering texts from Emily Dickinson to Nine Inch Nails. Each author contributes to the collection a unique view of sexual fluidity and transgressive desire. Taken together, these essays provide the most comprehensive bisexual theory reader to date.

America S Colony

Author : Pedro A Malavet
ISBN : 9780814756805
Genre : History
File Size : 51. 75 MB
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Everyone eats, but rarely do we ask why or investigate why we eat what we eat. Why do we love spices, sweets, coffee? How did rice become such a staple food throughout so much of eastern Asia? Everyone Eats examines the social and cultural reasons for our food choices and provides an explanation of the nutritional reasons for why humans eat, resulting in a unique cultural and biological approach to the topic. E. N. Anderson explains the economics of food in the globalization era, food's relationship to religion, medicine, and ethnicity as well as offers suggestions on how to end hunger, starvation, and malnutrition. Everyone Eats feeds our need to understand human ecology by explaining the ways that cultures and political systems structure the edible environment.

Lawyers Ethics And The Pursuit Of Social Justice

Author : Susan D. Carle
ISBN : 9780814716403
Genre : Law
File Size : 60. 28 MB
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Many legal theorists and judges agree on one major premise in the field of law and religion: that religion clause jurisprudence is in a state of disarray and has been for some time. In Masters of Illusion, Frank S. Ravitch provocatively contends that both hard originalism (a strict focus on the intent of the Framers) and neutrality are illusory in religion clause jurisprudence, the former because it cannot live up to its promise for either side in the debate and the latter because it is simply impossible in the religion clause context. Yet these two principles have been used in almost every Supreme Court decision addressing religion clause questions. Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.

Discrimination By Default

Author : Lu-in Wang
ISBN : 9780814795064
Genre : Law
File Size : 68. 6 MB
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Much as we “select” computer settings by default—reflexively, without thinking, and sometimes without realizing there are other options—we often discriminate by default as well. And just as default computer settings tend to become locked in or entrenched as the standard, discrimination by default creates a situation in which disparate outcomes are expected, accepted, and taken for granted. The killing of Amadou Diallo, racial disparities in medical care, the dominance of Whites and men in certain professions, and even the uneven media attention paid to crimes depending on their victims’ race and class, all might be cases of discrimination by, or as, default. Wang contends that, today, most discrimination occurs by default and not design, making legal prohibitions that focus on those who discriminate out of ill will inadequate to redress the largest share of modern discrimination. She draws on social psychology to detail three ways in which unconscious assumptions can lead to discrimination, showing how they play out in a range of everyday settings. Wang then demonstrates how these dynamics interact in medical care to produce an invisible, self-fulfilling, and self-perpetuating prophecy of racial disparity. She goes on to suggest ways in which institutions and individuals might recognize, interrupt, and override the discriminatory default.

Saving Our Children From The First Amendment

Author : Kevin W. Saunders
ISBN : 9780814786932
Genre : Law
File Size : 58. 53 MB
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The First Amendment is vital to our political system, our cultural institutions, and our routine social interactions with others. In this provocative book, Kevin Saunders asserts that freedom of expression can be very harmful to our children, making it more likely that they will be the perpetrators or victims of violence, will grow up as racists, or will use alcohol or tobacco. Saving Our Children from the First Amendment examines both the value and cost of free expression in America, demonstrating how an unregulated flow of information can be detrimental to youth. While the great value of the First Amendment is found in its protection of our most important political freedoms, this is far more significant for adults, who can fully grasp and benefit from the freedom of expression, than for children. Constitutional prohibitions on distributing sexual materials to children, Saunders proposes, should be expanded to include violent, vulgar, or profane materials, as well as music that contains hate speech. Saunders offers an insightful meditation on the problem of protecting our children from the negative effects of freedom of expression without curtailing First Amendment rights for adults.

American Jurisprudence Trials

Author :
ISBN : STANFORD:36105061311556
Genre : Trial practice
File Size : 82. 54 MB
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An encyclopedic guide to the modern practices, techniques, and tactics used in preparing and trying cases, with model programs for the handling of all types of litigation.

A Review Of The Defence Of Provocation

Author : Queensland. Law Reform Commission
ISBN : STANFORD:36105134405831
Genre : Defense (Criminal procedure)
File Size : 67. 79 MB
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The Dangerous Passion

Author : David M. Buss
ISBN : 9780684867861
Genre : Psychology
File Size : 48. 62 MB
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Why do men and women cheat on each other? How do men really feel when their partners have sex with other men? What worries women more -- men who turn to other women for love or men who simply want sexual variety in their lives? Can the jealousy husbands and wives experience over real or imagined infidelities be cured? Should it be? In this surprising and engaging exploration of men's and women's darker passions, David Buss, acclaimed author of The Evolution of Desire, reveals that both men and women are actually designed for jealousy. Drawing on experiments, surveys, and interviews conducted in thirty-seven countries on six continents, as well as insights from recent discoveries in biology, anthropology, and psychology, Buss discovers that the evolutionary origins of our sexual desires still shape our passions today. According to Buss, more men than women want to have sex with multiple partners. Furthermore, women who cheat on their husbands do so when they are most likely to conceive, but have sex with their spouses when they are least likely to conceive. These findings show that evolutionary tendencies to acquire better genes through different partners still lurk beneath modern sexual behavior. To counteract these desires to stray -- and to strengthen the bonds between partners -- jealousy evolved as an early detection system of infidelity in the ancient and mysterious ritual of mating. Buss takes us on a fascinating journey through many cultures, from pre-historic to the present, to show the profound evolutionary effect jealousy has had on all of us. Only with a healthy balance of jealousy and trust can we be certain of a mate's commitment, devotion, and true love.

Choice

Author :
ISBN : STANFORD:36105114613222
Genre : Academic libraries
File Size : 77. 73 MB
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