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Criminal Law

Akron Law Review

Duke Rape Case

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Peacemaking And Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik Jun 2015

Peacemaking And Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik

Akron Law Review

I will show in this response a psychological link between what the academics did in the Duke Lacrosse case and the very circumstances they and Professor Boisseau decry.


Response To "The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System" By Dan Subotnik, Tracey Jean Boisseau Jun 2015

Response To "The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System" By Dan Subotnik, Tracey Jean Boisseau

Akron Law Review

There are all kinds of injustices in the world—unwarranted punishments and deprivations of liberty as well as undeserved material, psychological, and emotional injuries, inequities, and wrongs. False accusations provide the basis for one of the most poignant narratives of injustice because we have the sense that someone punished for a specific, discrete act that they did not commit is entirely innocent, not only of that discrete act but in some sort of existential sense of the word. ...Tragic irony is always compelling in a narrative, but, if one can identify with that falsely accused person, either because one shares similar …


The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System, Dan Subotnik Jun 2015

The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System, Dan Subotnik

Akron Law Review

The time that has since passed allows for a more comprehensive evaluation of the cultural meaning of the Duke Rape case. This is the goal of the newly released “Institutional Failures,” which constitutes a point of departure for this review. The aim of this article is first to clarify the contribution this book makes to an understanding of the case. I will describe and analyze the content of the nine essays that make up the book; I will make reference to related works, and I will offer a concluding evaluation of the book’s likely impact.