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Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson Jan 2006

Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson

Articles in Law Reviews & Other Academic Journals

INTRODUCTION Strictly speaking, the cultural defense is really no defense at all. Instead, it is the moniker attached by defense attorneys to their advocacy which seeks to personalize the accused in one of two ways: First by injecting a reasonable doubt into the mens rea intent requirement - this would result in acquittal, or second, by contextualizing an affirmative defense, like provocation, by the provision of cultural information about the accused - this would result in mitigated sentencing. Central to defense attorneys' uses of the cultural defense is the criminal defendant's perceived "foreignness." This much has been recognized by scholars …


Investigating And Trying A Homicide Case, Andrea Lyon Sep 1998

Investigating And Trying A Homicide Case, Andrea Lyon

Law Faculty Publications

No abstract provided.


In Case Of Confession, Andrea Lyon May 1990

In Case Of Confession, Andrea Lyon

Law Faculty Publications

No abstract provided.


The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan Jan 1985

The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan Jan 1983

When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.