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Full-Text Articles in Law
Upending Status: A Comment On Switching, Inequality, And The Idea Of The Reasonable Person, Victoria Nourse
Upending Status: A Comment On Switching, Inequality, And The Idea Of The Reasonable Person, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
This article reviews Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom, by Cynthia Lee (2003).
Cynthia Lee has written a hard-hitting and insightful book on bias and the law of homicide. Her purpose is to document how murder law’s “reasonable person” may absorb the unreason of prejudice in its various forms (from biases of race to gender to sexual orientation). Doctrinally, Lee’s book is wide-ranging and ambitious, covering a variety of standard defenses, such as provocation (chs. 1–3) and self-defense (chs. 5–7), in contexts ranging from excessive use of force to intimate homicide, from hate …
The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith
The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith
Georgetown Law Faculty Publications and Other Works
Times may or may not be changing for gay people in the criminal justice system--and for the import of sexual orientation in criminal law. It depends on the nature of the case and, more importantly, exactly whose sexual orientation we are talking about.
Signs of positive change include the recent high profile Matthew Shepard and Diane Whipple cases, in which gay and lesbian homicide victims were mourned not only by the gay community, but also by the entire country. It was no doubt helpful that both Shepard and Whipple presented very appealing images of gay people: each was young, attractive, …