Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom

By Cynthia Lee | Go to book overview

Notes

NOTES TO THE INTRODUCTION

1. Oliver Wendell Holmes, The Path of the Law, 10 HARV. L. REV. 457, 476 (1897).

2. See, e.g., ELIZABETH SCHNEIDER, BATTERED WOMEN AND FEMINIST LAWMAKING (2000); ANGELA BROWNE, WHEN BATTERED WOMEN KILL (1987); CHARLES P. EWING, BATTERED WOMEN WHO KILL (1987); LENORE WALKER, THE BATTERED WOMAN (1979); Holly Maguigan, Battered Women and Self-Defense: Myths and Misconceptions in Current Reform Proposals, 140 U. PA. L. REV. 379 (1991); Martha R. Mahoney Legal Images of Battered Women: Redefining the Issue of Separation, 90 MICH. L. REV. 1 (1991); Joshua Dressier, Battered Women Who Kill Their Sleeping Tormenters: Reflections on Maintaining Respect for Human Life While Killing Moral Monsters, in CRIMINAL LAW THEORY: DOCTRINES OF THE GENERAL PART 259 (2002); Laurie J. Taylor, Provoked Reason in Men and Women: Heat of Passion Manslaughter and Imperfect Self- Defense, 33 UCLA L. REV. 1679 (1986); Robert R Schopp, Barbara J. Sturgis, & Megan Sullivan, Battered Woman's Syndrome, Expert Testimony, and the Distinction between Justification and Excuse, 1994 U. III. L. REV. 45; Richard A. Rosen, On Self-Defense, Imminence, and Women Who Kill Their Batterers, 71 N.C. L. REV. 371 (1993); Charles Ewing, Psychological Self-Defense: A Proposed Justification for Battered Women Who Kill, 14 LAW AND HUMAN BEHAV. 579 (1990); Cathryn Jo Rosen, The Excuse of Self-Defense: Correcting a Historical Accident on Behalf of Battered Women Who Kill, 36 AM. U. L. REV. 11 (1986); David L. Faigman, Note, The Battered Woman Syndrome and SelfDefense: A Legal and Empirical Dissent, 72 VA. L. REV. 619 (1986); Elizabeth Schneider, Equal Rights to Trial for Women: Sex Bias in the Law of Self-Defense, 15 HARV. C.R.-C.L. L. REV. 623 (1980). See also Donna K. Coker, Heat of Passion and Wife Killing: Men Who Batter/Men Who Kill, 2 S. CAL. REV. L. & WOMEN'S STUD. 71 (1992); Elizabeth Rapaport, Capital Murder and the Domestic Discount: A Study of Capital Domestic Murder in the Post-Furman Era, 49 SMU L. REV. 1507 (1996).

3. There is considerable disagreement over whether dominant social norms help or hurt battered women who kill their abusers. Advocates for

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Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments ix
  • Introduction 1
  • Part I - Crimes of Passion (The Doctrine of Provocation) 15
  • 1: Female Infidelity 17
  • 2: Unreasonable Women, Gay Men, and Men of Color 46
  • 3: Gay Panic 67
  • 4: Culture and Crime 96
  • Part II - Crimes of Fear (The Doctrine of Self-Defense) 125
  • 5: An Overview of the Doctrine of Self-Defense 127
  • 6: Race and Self-Defense 137
  • 7: Race and Police Use of Deadly Force 175
  • Part III - Rethinking Reasonableness 201
  • 8: The Elusive Meaning of Reasonableness 203
  • 9: Toward a Normative Conception of Reasonableness 226
  • 10: The Act-Emotion Distinction 260
  • Conclusion 276
  • Notes 279
  • Bibliography 349
  • Index 365
  • About the Author 371
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