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Articles 1 - 6 of 6
Full-Text Articles in Law
Book Review: Carol Haber, The Trials Of Laura Fair: Sex, Murder, And Insanity In The Victorian West, Benedetta Faedi Duramy
Book Review: Carol Haber, The Trials Of Laura Fair: Sex, Murder, And Insanity In The Victorian West, Benedetta Faedi Duramy
Publications
During the nineteenth century, the inquisitorial justice system, in which the investigation was typically overseen by a prosecutor or an examining magistrate, and the conduct of the trial was largely in the hands of the court, was replaced by the adversarial justice system. In the adversarial model, both the prosecutor and the defense were responsible for gathering evidence and presenting a narrative of the crime during the trial. Therefore, the courtroom became a sentimental theater in which opposing counsels recreated for the jury the story of the defendant and the events leading to the crime. The trial, therefore, represented the …
Anti-Rape Culture, Aya Gruber
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention, Carolyn B. Ramsey
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention, Carolyn B. Ramsey
Publications
Scholars and battered women's advocates now recognize that many facets of the legal response to intimate-partner abuse stereotype victims and harm abuse survivors who do not fit commonly accepted paradigms. However, it is less often acknowledged that the feminist analysis of domestic violence also tends to stereotype offenders and that state action, including court-mandated batterer intervention, is premised on these offender stereotypes. The feminist approach can be faulted for minimizing or denying the role of substance abuse, mental illness, childhood trauma, race, culture, and poverty in intimate-partner abuse. Moreover, those arrested for domestic violence crimes now include heterosexual women, lesbians, …
Cyberharassment And Workplace Law, Helen Norton
A Provocative Defense, Aya Gruber
A Provocative Defense, Aya Gruber
Publications
It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This Article offers a (likely provocative) defense of the provocation doctrine. While …
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
Publications
Progressive (critical race and feminist) theorizing on criminal law exists within an overarching American criminal law culture in which the U.S penal system has become a "peculiar institution" and a defining governance structure. Much of criminal law discourse is subject to a type of ideological capture in which it is natural to assume that criminalization is a valid, if not preferred, solution to social dysfunction. Accordingly, progressives’ primary concerns about harms to minority victims takes place in a political-legal context in which criminalization is the technique of addressing harm. In turn, progressive criminal law theorizing manifests some deep internal tensions. …