Law Commons^™

Funeral Oration In Honor Of United States V. Burton, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

Crimes In The Name Of Honour By Prof. Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

Crimes in the Name‘Honour’ Marriage and Spousal Selection: Choices beyond Caste, Endogamy and Religion by Vibhuti Patel Director, Centre for Study of Social Exclusion & Inclusive Policy, Professor and Head, Department of Economics, SNDT Women’s University, Mumbai-400020 Email: vibhuti.np@gmail.com Mobile-9321040048 Summary Crimes in the name of ‘honour’ are on a rise in our country. Both rural as well as urban areas are gripped with instances of horrific crimes where young citizens of our country are being killed for exercising their democratic right of choosing their life partners. The democratic minded people of our country are both shocked and distressed by …

Sections 299 And 300 Of The Penal Code: A Revisit And Further Suggested Amendments, Jonathan Muk, Rachel Chin

Jonathan Muk

Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman

Cynthia Grant Bowman

No abstract provided.

Lawyering In The Lion's Mouth: The Story Of S.D. Redmond And Pruitt V. State, Mary Ellen Maatman

Mary Ellen Maatman

Lawyering in the Lion’s Mouth: The Story of S.D. Redmond and Pruitt v. State unearths a forgotten case with facts worthy of a William Faulkner novel. Set in rural Mississippi, the case involved alleged interracial adultery and infanticide. Luella Williamson, a white woman who killed her baby, told authorities that an African American man named Ervin Pruitt was the child’s father, and claimed he told her to kill the child for fear he would be lynched. She pled guilty to murder and was sentenced to life imprisonment. Her alleged lover, who denied both the relationship and any involvement in the …

Arizona's Slayer Statute: The Killer Of Testator Intent, Adam D. Hansen

Adam D Hansen

In 2012, the Arizona legislature amended its slayer statute to close loopholes that had emerged during years of slayer case litigation. However, in so doing, the Arizona legislature neglected to consider the adverse impact the amendment would have on the trending social consideration of euthanasia. This Article sheds light on the unintended legal consequences of Arizona’s current slayer statute, considering the trending social issue of euthanasia. Part Two briefly presents terms, highlights two legal theories that were used in early American jurisprudence, and gives a short history of the codification of modern slayer statutes. Part Three gives an overview of …

Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein

Richard Daniel Klein

No abstract provided.

Chivalry Is Not Dead: Murder, Gender, And The Death Penalty, Steven Shatz, Naomi Shatz

Steven F. Shatz

Eliciting An Emotional Response: An Analysis Of Revenge And The Criminal Justice System, Daniel Johnson

Daniel Johnson

No abstract provided.

Heller, Mcdonald And Murder: Testing The More Guns, More Murder Thesis, Don B. Kates, Carlisle E. Moody

Carlisle Moody

We examine several aspects of the more guns, more murder hypothesis. We find that ordinary people typically do not kill in a moment of rage, so that preventing them from owning guns will not save lives. Societies without guns are not typically peaceful and safe. Historically, more guns are associated with less murder. Modern Europe nations with very high gun ownership rates have much lower murder rates than low gun ownership nations. In the United States: the colonial period of universal gun ownership saw few murders and few of those were gun murders. More guns do not mean more murder.

Adequate (Non)Provocation And Heat Of Passion As Excuse Not Justification, Reid Griffith Fontaine, Jd, Phd

Reid G. Fontaine

For a number of reasons, including the complicated psychological nature of reactive homicide, the heat of passion defense has remained subject to various points of confusion. One persistent issue of disagreement has been whether the defense is a partial justification or excuse. In this Article, I highlight and categorize a series of varied American homicide cases in which the applicability of heat of passion was supported although adequate provocation (or significant provocation by the victim) was absent. The cases are organized to illustrate that even in circumstances in which there is no actual provocation, or the provocation is not sourced …

Disentangling The Psychology And Law Of Instrumental And Reactive Subtypes Of Aggression, Reid G. Fontaine

Reid G. Fontaine

Behavioral scientists have distinguished an instrumental (or proactive) style of aggression from a style that is reactive (or hostile). Whereas instrumental aggression is cold-blooded, deliberate, and goal driven, reactive aggression is characterized by hot blood, impulsivity, and uncontrollable rage. Scholars have pointed to the distinction between murder (committed with malice aforethought) and manslaughter (enacted in the heat of passion in response to provocation) in criminal law as a reflection of the instrumental–reactive aggression dichotomy. Recently, B. J. Bushman and C. A. Anderson (2001) argued that the instrumental–reactive aggression distinction has outlived its usefulness in psychology and pointed to inconsistencies and …

The Death Of Roy Lee Centers, Kenneth D. Tunnell, Terry C. Cox

Kenneth Tunnell

"Be it remembered." A simple command yet, in this case, an introduction spoken by the judge in the Breathitt County, Ky., trial of William (Bill) R. Hurst, who killed Roy Lee Centers, a native of Jackson, Kentucky

Battered But Not Beaten: Women Who Kill In Self Defence, Ian D. Leader-Elliott Professor

Ian D Leader-Elliott Professor

This essay commences with a critical evaluation of the battered woman syndrome. It continues with an illustrative biographical fragment, before discussing the polemics of excuse and justification in American criminal law. The concluding section provides an account of the law of self defence and provocation in their application to defensive homicides against attack by an intimate aggressor. The argument of the essay is that Australian common law is capable of discriminating and compassionate justice, in cases of self defence against intimate aggressors and provocation by intimate aggressors. Recourse to the dubious theory that the victims of domestic violence are characterised …