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Law and Gender Commons

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Caroline A Forell

Criminal Law and Procedure

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Full-Text Articles in Law and Gender

What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell Dec 2009

What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell

Caroline A Forell

In this Article, Professor Forell examines the criminal and tort mistake-as-to-self-defense doctrines. She uses the State v. Peairs criminal and Hattori v. Peairs tort mistaken self-defense cases to illustrate why application of the reasonable person standard to the same set of facts in two areas of law can lead to different outcomes. She also uses these cases to highlight how fundamentally different the perception of what is reasonable can be in different cultures. She then questions whether both criminal and tort law should continue to treat a reasonably mistaken belief that deadly force is necessary as justifiable self-defense. Based on …


Gender Equality, Social Values And Provocation Law In Australia, Canada And The United States, Caroline A. Forell Dec 2005

Gender Equality, Social Values And Provocation Law In Australia, Canada And The United States, Caroline A. Forell

Caroline A Forell

This article examines and compares the partial defense of provocation as it applies to domestic homicide in the United States, Canada and Australia.