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Reforms To Criminal Defense Instructions: New Patterned Jury Instructions Which Account For The Experience Of The Battered Woman Who Kills Her Battering Mate, Deborrah Ann Klis
Reforms To Criminal Defense Instructions: New Patterned Jury Instructions Which Account For The Experience Of The Battered Woman Who Kills Her Battering Mate, Deborrah Ann Klis
Golden Gate University Law Review
This comment uses the plight of Brenda Denise Aris to illustrate the criminal defenses available to a battered woman who kills her aggressor. Since the 1989 decision in Aris, California Governor Pete Wilson granted executive clemency to Aris. Governor Wilson reduced Aris' fifteen years to life sentence to twelve years to life. Another significant event since the decision in Aris is the passage of California Assembly Bill 785 in 1991. The Bill added Section 1107 to the California Evidence Code, which permits expert testimony regarding battered woman syndrome. The testimony may include expert opinion concerning the physical, emotional, or mental …
Criminal Procedure, Shawn B. Jensen
Criminal Procedure, Shawn B. Jensen
Golden Gate University Law Review
When a jury becomes deadlocked and cannot reach a verdict for lack of unanimity, federal district courts often attempt to break the jury's deadlock by giving a supplemental instruction, usually called an "Allen charge," which urges the jurors to reconsider their views in order to attain a unanimous verdict. This article reviews the use of this type of supplemental instruction in the Ninth Circuit. Principally the article analyzes the approach previously taken by the Ninth Circuit Court of Appeals in upholding Allen charges. It then evaluates the impact of Lowenfield v. Phelps, the recent Supreme Court case addressing the subject. …
Criminal Law, Kristen L. Chesnut
Criminal Law, Kristen L. Chesnut
Golden Gate University Law Review
No abstract provided.