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 : 46. 4 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 : 27. 4 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 : 63. 1 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 : 44. 83 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 : 26. 70 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.

Asian Americans Education And Crime

Author : Daisy Ball
ISBN : 9781498526456
Genre : Education
File Size : 33. 5 MB
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Asian/Americans, Education, and Crime examines portrayals of Asian/Americans as the "model minority" in light of the criminal justice system. This collection highlights how this stereotype has masked the victimization of and violence toward and initiated by Asian/Americans in the twenty-first century./span

Trayvon Martin Race And American Justice

Author : Kenneth J. Fasching-Varner
ISBN : 9789462098428
Genre : Education
File Size : 61. 52 MB
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Trayvon Martin, Race, and “American Justice”: Writing Wrong is the first comprehensive text to analyze not only the killing of Trayvon Martin, but the implications of this event for the state of race in the United States. Bringing together contributions from a variety of disciplines and approaches, this text pushes readers to answer the question: “In the wake of the killing of Trayvon Martin, and the acquittal of his killer, how post-racial can we claim to be?” This collection of short and powerful chapters is at times angering and at times hopeful, but always thought provoking, critical, and poignant. This interdisciplinary volume is well suited for undergraduate and graduate students as well as faculty in sociology, social work, law, communication, and education. This book can also be read by anyone interested in social justice and equity through the lens of race in the 21st century. “This text is an invitation to a rebellion—the inevitable insurgency of Black youth brewing right now across the land as the descendants of enslaved workers step up to exercise their agency, and at that moment become agents of liberty and actors in history.” – William Ayers, Distinguished Professor from the University of Illinois–Chicago “... the authors [...] offer incisive and vivid examinations of the contours of white supremacy today, inviting readers into a much-needed discussion of moral questions surrounding the very foundation life in the U.S.” – Christine Sleeter, Professor Emerita, California State University Monterey “Trayvon Martin, Race, and American Justice: Writing Wrong is a powerful assemblage of voices that speak to the salience of race, gender, and their intersection. Collectively, the authors provide us with poignant reminders of the multiple forces that rail against Black males in our society. Each chapter grabs our attention, ignites our activism, and encourages us to remain steadfast in the struggle toward a true democracy for all Americans – a society where Black males’ lives are valued and they no longer face daily threats to their humanity.” – Yolanda Sealey-Ruiz, Assistant Professor, Teachers College, Columbia University “While motivated by Trayvon Martin’s unfortunate and tragic death, this impressive collection serves as a one-of-a-kind tribute to Martin and will help to keep his legacy alive. The contributions are evocative and accessible, and while the focus is on Martin, the contributions also call attention to mundane, severe, and systemic racial wrongdoings, biases in existing research, colorblindness and white privilege, and erasures of history and failures of memory.” – Tony E. Adams, Professor at Northeastern Illinois University and NCA book award winner “The editors and contributors have taken a tragic topic and presented it in a way that is engaging, effective, and surprisingly optimistic. There is a style for everyone here, making it a great text for multiple audiences and classrooms. A truly superb addition to any classroom and a great read for those interested in social justice in today’s world.” – U. Melissa Anyiwo, Professor and Coordinator of African American Studies, Curry College “Trayvon Martin, Race, and American Justice: Writing Wrong is true to its title; it focuses attention—through critical writing—on the pernicious, pervasive, and persistent violence waged against black men, especially black male youth, in American society. Using the still unpunished pre-meditated murder of Trayvon Martin as a highly emblematic example of this violence, the editors and authors use carefully crafted and sequenced poetry and prose to write truth to power about the economic, political, social, and cultural factors that produce and reproduce systemic aggression toward especially men and boys of African descent, but also toward members of other societally minoritized groups. The breadth and depth of the contributions included in Trayvon Martin, Race, and American Justice: Writing Wrong makes it a particularly valuable resource for faculty and students engaged in teaching, learning, research, service, and activism related to issues of race, racism, blackness, whiteness, class, caste, classism, language, dialect, literacy, linguicism, geographic and national origin, immigration status, sex, gender, gender identity and expression, masculinity, sexual orientation, size, appearance, and, more broadly, equity, equality, and social justice. Chapters reflect the thoughtful insight and advanced expertise of their authors, who bring increased levels of complexity to historical and contemporary dialogue, discussion, and debate about especially race and racism in the United States. The editors’ selection of contributors and organization of contributions balances pain truth-telling with hope and possibility for a more just future. In sum, Trayvon Martin, Race, and American Justice: Writing Wrong reciprocally links theory and practice relating to issues of power, privilege, oppression, discrimination—and liberation.” – Christine Clark, Professor & Senior Scholar in Multicultural Education, and Founding Vice President for Diversity and Inclusion, University of Nevada, Las Vegas “Chapters in this timely and probing book stare straight at a difficult incident, refuse to ignore injustice, but call on a higher purpose of great academic criticism in “writing the wrong.” Here the wrong is the corrosive and sometimes lethal bias by many in power toward black males, who are too often seen as dangerous and disposable in American society. The killing of Trayvon Martin and the subsequent acquittal of his killer George Zimmerman are examined by minds informed by reflection on theory and history. We hear of conversations that black parents, particularly mothers who often felt on trial themselves, had with their teenage sons. Some of these endangered sons were outraged by the act and verdict, while some others were indifferent. Chapters are devoted to the incident, the trial and aftermath, and to the future of the struggle against racial injustice. Through what T. J. Yosso calls “resistant capital” we are urged to continue to interrogate a judicial system that prosecutes not only black males but their parents and families. There is much to learn here about the current state of social justice and the way we live with and among each other. In both prose and poetry these impassioned authors strive to write the wrong of Trayvon Martin and many others like him. I recommend this volume highly and will use it in my graduate classes.” – AG Rud, Distinguished Professor, College of Education, Washington State University Kenneth J. Fasching-Varner, PhD is Shirley B. Barton Endowed Assistant Professor of Foundations and Elementary Education and holds a Ph.D in Language, Literacy, and Culture from The Ohio State University. Rema E. Reynolds, PhD is Assistant Professor of Education Policy, Organization, and Leadership and holds a doctorate in Education from the University of California, Los Angeles. Katrice A. Albert, PhD is Vice President for Equity and Diversity and holds a doctorate in Counseling from Auburn University. Lori L. Martin, PhD is Associate Professor of Sociology and African American Studies and holds a doctorate in Sociology from University of Albany, State University of New York.

Saving Our Children From The First Amendment

Author : Kevin W. Saunders
ISBN : 9780814786932
Genre : Law
File Size : 57. 86 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 : 74. 23 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 : 37. 11 MB
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