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Full-Text Articles in Law
Why The Model Penal Code's Sexual Offense Provisions Should Be Pulled And Replaced, Deborah W. Denno
Why The Model Penal Code's Sexual Offense Provisions Should Be Pulled And Replaced, Deborah W. Denno
Faculty Scholarship
By all accounts, the Model Penal Code is enormously respected and influential. Yet, relatively soon after the Code's 1962 publication, the Code's sexual offense provisions and even its 1980 revised Commentaries were already considered outdated. The rapid onslaught of the sexual and feminist revolutions of the 1960s and 1970s brought an intense momentum to change rape laws that the Code had, in part, either mirrored or inspired. Only because of the passage of time, the Code's sexual offense provisions and Commentaries now misrepresent the progressive thinking of the Code's reporters. For these reasons, I think the Model Penal Code's sexual …
Dispelling The Myths About The "Battered Woman's Defense:" Towards A New Understanding, Michael Dowd
Dispelling The Myths About The "Battered Woman's Defense:" Towards A New Understanding, Michael Dowd
Fordham Urban Law Journal
This essay explores the growth of the use of self-defense by battered women from a historical perspective in order to explain the magnitude of the prejudices these defendants face. The essay suggests that a redefinition of Battered Woman's Syndrome will ease much of the criticism from feminists and eliminate the confusion in the legal profession surrounding the use of self-defense by battered women. The essay also pushes for a redefinition of the concept of "imminence" to encompass the realities of a battered woman's life.