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e-Book Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom (Critical America) epub download

e-Book Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom (Critical America) epub download

Author: Cynthia Lee
ISBN: 0814751164
Pages: 371 pages
Publisher: NYU Press (October 1, 2007)
Language: English
Category: Sociology
Size ePUB: 1319 kb
Size Fb2: 1188 kb
Size DJVU: 1367 kb
Rating: 4.7
Votes: 158
Format: docx lit rtf txt
Subcategory: Politics

e-Book Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom (Critical America) epub download

by Cynthia Lee



In this well-written and meticulously documented book, Cynthia Lee demonstrates how the law has defined .

In this well-written and meticulously documented book, Cynthia Lee demonstrates how the law has defined ‘reasonableness’ in criminal law to favor men against women, straight men against gay men, and whites against blacks. Lee’s synthesis of many seemingly different examples, with thoughtful responses to the various objections that might be raised, is legal scholarship that can make a difference in our social practices. Smart, insightful, and important, this book proves that the criminal justice system does not treat all persons equally-that the reasonable man is a man, and that men get away with murder, while women pay with their lives.

Cynthia Lee. A man murders his wife after she has admitted her infidelity; another man kills an. . 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.

Xii, 371 pages ; 24 cm. "In this book, Cynthia Lee demonstrates 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

Xii, 371 pages ; 24 cm. "In this book, Cynthia Lee demonstrates 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, to bolster their claims of reasonableness.

A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a.

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. 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.

Home Browse Books Book details, Murder and the Reasonable Man .

Home Browse Books Book details, Murder and the Reasonable Man: Passion and Fear. Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom. By Cynthia Lee. No cover image. 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.

May be you will be interested in other books by Cynthia Lee: Murder and the Reasonable Man: Passion .

May be you will be interested in other books by Cynthia Lee: Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom by Cynthia Lee. newSpecify the genre of the book on their own. Author: Cynthia Lee. Title: Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom. Help us to make General-Ebooks better! Genres. Books ~~ Law~~ Criminal Law ~~ General.

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.

This book examines the influence of masculinity, heterosexuality, and race norms on the reasonableness requirement in.Lee, Cynthia, Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom (June 1, 2003)

This book examines the influence of masculinity, heterosexuality, and race norms on the reasonableness requirement in two criminal law defenses: the doctrine of provocation and the defense of self-defense. Lee, Cynthia, Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom (June 1, 2003). Cynthia Lee (Contact Author).

Lee, Cynthia (2003-07-01). The Complex Uses of Sexual Orientation in Criminal Court. American University Journal of Gender Social Policy and Law 11 1 (2002): 111-112. Garvey, Megan (1995-06-17). New York University Press.

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.

Gavirus
Excellent information for teaching the Reasonable Man Standard in self-defense.
Linn
I don't know if Lee understands the legal standards involving "reasonableness" and the use of force. She continual refers to "reasonable belief of death or great bodily injury" as if it is so amorphous that it cannot and in cases where racial stereotypes are involved is not reasonably applied. There are a number of factors that a jury is instructed to use when evaluating a use of deadly force incident that are 100% objective in determining the legality or illegality of it. Factors such as age differences between the two parties, prior knowledge of violent behavior on behalf of the assailant, physical size differences, if the defender was outnumbered, are both parties armed (and it doesn't have to be with a conventional weapon), are some of the considerations used to determine if there was a "reasonable belief of death or great bodily injury". Its not as fuzzy or gray as Lee is arguing as most states have these requirements on use of force either in the criminal law code or in some common law precedent; its almost as if this book is 40 years out of date.

If anything, this book makes a good case for the restriction of non-defined or "novel" affirmative defenses like "gay rage" and the Twinkie defense.

I was also bothered by Lee's interpretation of the Goetz case. She seems to believe that Goetz's defense, while not specifically bringing in the race question, was none the less guilt of racial stereotyping by describing the assailants as "vultures" and "animals". And although Lee castigates Goetz's defense for this (arguably accurate) depiction, she continually refers to the assailants as the "boys"; an equally loaded word itself designed to invoke sympathy in the reader. She fails to mention that these "boys" were all 18 and 19 years old. Two of the "boys" continued on their pattern of predation a short time later. James Ramseur was convicted of raping, beating and robbing a pregnant 19 year old woman in the Bronx, while the other "boy", Barry Allen, was convicted of two felony counts of armed robbery shortly after he was released from the hospital.
Kezan
Lee's thesis that the "reasonable man" standard is biased against women, GLBT persons, and members of racial and ethnic minorities is provocative and well supported with history and case law. Her suggestions for race-switching jury instructions raise questions about the reader's own biases and assumptions.
The problem comes in Lee's understanding of use-of-force issues especially issues relating to reaction times (which can result in shots to the side or back), stress hormones and memory (which can result in fragmented memory), stress hormones and fine muscle control (which makes it hard to practically shoot to wound), and the ability of handgun fire to penetrate standard building materials (which makes warning shots dangerous). Lee's book should be read in combination with practical self-defense and use-of-force articles by respected writers like Masaad Ayoob and Phil Messina.
Maximilianishe
This well-crafted book is the thinking person's guide to understanding the "reasonable man" defense. Cynthia Lee has written a meticulously researched book both important for its insight into the spirit of the law, as it is applies to the reasonable man defense, as for her storytelling in providing us a glimpse of the people behind the legal cases she presents.
The author builds an excellent case for revising the narrow social norms used by our legal system today when applying the reasonable man defense to less visible segments of our society: minorities, such as heterosexual women, gays and lesbians, and persons of color. She goes beyond pointing out what needs to be changed within our legal system by offering her own recommended solutions for leveling the playing field.
Highly recommended for non-legal types who have a passion for equal rights under the law.
Hadadel
I highly recommend this book for law students interested in criminal law, either prosecution or defense side, and for students of the social sciences. Lee discusses how criminal defendants use provocation and self-defense arguments in the courtroom and how the defendants who rely on stereotypes regarding gender, race, and sexual orientation are often found to be reasonable in their violent acts. The book contains in-depth discussions of cases that illustrate Lee's thesis, making it easy to read for readers, including myself, who are not lawyers.