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Full-Text Articles in Law
Reimagining Criminal Justice: The Disparate Impact Ofthe 'Castle' Doctrine, Carmen Wierenga
Reimagining Criminal Justice: The Disparate Impact Ofthe 'Castle' Doctrine, Carmen Wierenga
Reimagining Criminal Justice
On October 12, a mobile phone video showed a Black man being followed and harassed by a white man in Las Vegas. As the Black man is walking away, a voice on the recording says “why can’t you handle it like a … man?” The white man then throws a punch, and the Black man turns and shoots the white man. The white man survived, according to the sparse news coverage I found online. As of October 12, the shooter had not been found. The video spurred discussion, though: would the Black shooter succeed on a stand-your-ground claim? The answer …
U.S. Bombing Of Afghanistan Not Justified As Self-Defense Under International Law, Leslie Rose
U.S. Bombing Of Afghanistan Not Justified As Self-Defense Under International Law, Leslie Rose
Publications
The United States military strikes against Afghanistan cannot be justified as self-defense under the United Nations Charter or customary international law. There is insufficient evidence of an armed attack by the state of Afghanistan and the strikes have been neither necessary nor proportional.
A Matter Of Evidence Or Of Law? Battered Women Claiming Self-Defense In California, Rachel A. Van Cleave
A Matter Of Evidence Or Of Law? Battered Women Claiming Self-Defense In California, Rachel A. Van Cleave
Publications
This essay examines the obstacles battered women face in the form of evidentiary rules and in the definitions of certain elements of self-defense, focusing specifically on the appellate court opinion in Aris. The essay then evaluates existing and pending legislation in California which has sought to undo the narrowing effected by Aris. Finally, the essay proposes statutory language which would be more effective in ensuring that battered women who kill their batterers in non-traditional confrontational situations may fully present their claims of self-defense. Where a defendant claims self-defense and presents evidence regarding the Battered Woman Syndrome ("BWS"), my …
People V. Moore, Jesse W. Carter
People V. Moore, Jesse W. Carter
Jesse Carter Opinions
The trial court's error in refusing to give instructions as to the defendant's use of self-defense was prejudicial, resulted in a miscarriage of justice, and required a reversal of the judgment and the order denying defendant a new trial.