The Heat of Passion Doctrine

The Heat of Passion Doctrine PDF

Author: Troy Veenstra

Publisher: Veenstra Publishing

Published: 2014-06-30

Total Pages: 37

ISBN-13:

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Learn your rights before it becomes the death of you... In Maryland, 1994, Kenneth Peacock returned home to find his wife of several years in bed with another man. After chasing the man out of the house at gunpoint, he spent several more hours drinking and arguing with his adulterous wife before shooting her in the head with his single shot rifle (the second shot killer her as the first was shot hit the wall just above her head). Thanks to the Heat of Passion Defense, Peacock was able to get his first-degree murder charge reduced to voluntary manslaughter and thanks to soft heart judge only served 18 months in a work release program. Several Americans may not know about the Heat of Passion Doctrine, nor may they realize that this legal defense is allow both Husbands and Wives to kill their significant other in cold blood for cheating... in the marital relationship

The Mind of the Criminal

The Mind of the Criminal PDF

Author: Reid Griffith Fontaine

Publisher: Cambridge University Press

Published: 2012-01-31

Total Pages: 281

ISBN-13: 0521513766

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Discusses the excusing nature of traditional and non-traditional criminal law defenses and questions the structure of these based on scientific findings.

Murder and the Reasonable Man

Murder and the Reasonable Man PDF

Author: Cynthia Lee

Publisher: NYU Press

Published: 2007-10-01

Total Pages: 371

ISBN-13: 0814765149

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A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.

The Glannon Guide to Criminal Law

The Glannon Guide to Criminal Law PDF

Author: Laurie L. Levenson

Publisher: Aspen Publishing

Published: 2023-12-11

Total Pages: 590

ISBN-13:

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In the Seventh Edition of The Glannon Guide to Criminal Law, Laurie L. Levenson presents a comprehensive, thoughtful review of course content that demonstrates how to effectively analyze and answer exam questions, honing students' understanding of concepts and their ability to apply the rules. Glannon Guides can help students better understand classroom lectures with straightforward explanations of tough concepts interspersed with hypotheticals to illustrate application. New to the Seventh Edition: Recent case law on required mental states, inchoate offenses, "true threats" and the First Amendment defense, self-defense, and insanity New multiple-choice questions comparing common law and Model Penal Code standards, as well as cases involving police misconduct Recent case law on felony murder reform Professors and students will benefit from: A user-friendly and interactive approach, including text introducing the key cases and concepts that enable a full understanding of subsequent questions and mastery of the material they test Multiple-choice questions, pitched at a level similar to that of many law school exams, that are integral to a thorough review of Criminal Law topics Clear analysis of both correct and incorrect answers, which clarifies nuances in the law Excellent preparation for the Bar exam by one of the nation's leading Bar-exam lecturers in criminal law and procedure

Glannon Guide to Criminal Law

Glannon Guide to Criminal Law PDF

Author: Laurie L. Levenson

Publisher: Aspen Publishing

Published: 2021-10-21

Total Pages: 612

ISBN-13: 1543839304

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Honing students’ understanding of concepts and their ability to apply the rules, Laurie L. Levenson presents a comprehensive, thoughtful review of course content that demonstrates how to effectively analyze and answer exam questions. A powerful combination of well-written explanations, multiple-choice questions, analyses, and exam-taking tips, The Glannon Guide to Criminal Law: Learning Criminal Law Through Multiple-Choice Questions and Analysisprepares students to take any type of exam that might be offered in a Criminal Law course. Written by one of the nation’s leading Bar lecturers, it also provides an invaluable review of the core concepts tested in Criminal Law on both the multistate and essay sections of the Bar exam. New to the Sixth Edition: Recent case law on insanity, required mental states, duress, self-defense, sexual assaults, attempted manslaughter, and causation Analysis of the Supreme Court’s decisions in Elonis v. United States and Kahler v. Kansas Evaluation of recent involuntary manslaughter convictions for encouraging suicide New multiple-choice questions, including questions comparing common law and Model Professors and students will benefit from: Multiple-choice questions, pitched at a level similar to that of many law school exams, that are integral to a thorough review of Criminal Law topics A user-friendly and interactive approach, including text introducing the key cases and concepts that enable a full understanding of subsequent questions and mastery of the material they test Clear analysis of both correct and incorrect answers, which clarifies nuances in the law A challenging final question (the “Closer”), at the end of each chapter, which combines all topics introduced in the chapter in a sophisticated, thought-provoking fact pattern Summary questions in the final chapter (“Closing Closers”), which cut across multiple concepts to test students’ knowledge of criminal law and the Model Penal Code, and provide a final review of critical cases and concepts necessary to succeed on the criminal law exam Valuable exam-taking pointers, applicable to every type of question, interspersed within the text Excellent preparation for the Bar exam by one of the nation’s leading Bar-exam lecturers in criminal law and procedure

Femicide and the Law

Femicide and the Law PDF

Author: Hava Dayan

Publisher: Routledge

Published: 2018-06-12

Total Pages: 166

ISBN-13: 1351331779

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This book explores femicide, and scrutinizes the three key American criminal doctrines usually applied in its cases: provocation; the felony murder rule; self-defence. The book also explores the influence of the American Model Penal Code, and proposes, connected to the various criminal doctrines applicable to femicide, a focused and detailed amendment to the Code containing unique features and a formula providing a socio-legal response to issues that the author believes have not yet been adequately addressed. Though primarily focused on femicide in America, the issues discussed are of global relevance due to the tragically widespread nature of femicide, and the book also makes significant contributions to the legal discourse of many other countries with similar legal structures.

North Carolina Reports

North Carolina Reports PDF

Author: North Carolina. Supreme Court

Publisher:

Published: 1987

Total Pages: 828

ISBN-13:

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Cases argued and determined in the Supreme Court of North Carolina.

I Know What You're Thinking

I Know What You're Thinking PDF

Author: Sarah Richmond

Publisher: Oxford University Press

Published: 2012-08-02

Total Pages: 286

ISBN-13: 0199596492

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'I know what you're thinking' is a fascinating exploration into the neuroscientific evidence on 'mind reading'. In addition, it provides a thorough analysis of both legal and moral accounts of privacy, with chapters written by together leading academics from the fields of psychology, neuroscience, philosophy, and law.

The Emotional Brain and the Guilty Mind

The Emotional Brain and the Guilty Mind PDF

Author: Federica Coppola

Publisher: Bloomsbury Publishing

Published: 2021-02-11

Total Pages: 304

ISBN-13: 1509934316

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This book seeks to reframe the normative narrative of the 'culpable person' in American criminal law through a more humanising lens. It embraces such a reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle. The book constructs this narrative by considering behavioural and neuroscientific insights into the functions of emotions, and socio-environmental factors within moral behaviour in social settings. Hence, it suggests culpability notions that reflect a more contextualised view of human conduct, and argues that such revised notions are better suited to the principle of personal guilt. Furthermore, it suggests a model of 'punishment' that values the dynamic power of change of individuals, and acknowledges the importance of social relationships and positive environments to foster patterns of social (re)integration. Ultimately, this book argues that the potential adoption of the proposed models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system.

Gender and Law

Gender and Law PDF

Author: Katharine T. Bartlett

Publisher: Aspen Publishing

Published: 2022-12-14

Total Pages: 960

ISBN-13:

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Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Gender and Law: Theory, Doctrine, Commentary, Ninth Edition is organized around theoretical frameworks, showing different conceptualizations of equality and justice and their impact on concrete legal problems. The text provides complete, up-to-date coverage of conventional “women and the law” issues, including employment law and affirmative action, reproductive rights, LGBTQ issues, domestic violence, rape, pornography, international women’s rights, and global trafficking. Showing the complex ways in which gender permeates the law, the text also explores the gender aspects of subject matters less commonly associated with gender, such as property, ethics, contracts, sports, and civil procedure. Throughout, the materials allow an emphasis on alternative approaches and how these approaches make a difference. Excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion, and almost 250 provocative “putting theory into practice” problems challenge students to think deeply about current gender law issues. Highlights of the 9th Edition: This edition is both faithful to its original design—teaching through theoretical frameworks rather than by subject area—and cutting edge. The authors have spared no detail in covering the latest developments in this fast-changing field of study while tying them together into a cohesive whole. Dobbs v. Jackson Women’s Health Organization, a restructuring of the materials on reproductive rights, and greater attention to the reproductive justice movement and the intersectional issues raised by every issue involving reproductive health. Updated and more sustained attention to gender identity and nonbinary identities, including Bostock v. Clayton County, new material on transgender athlete bans, and a new section on sex-segregation and sex-differentiation within coed spaces (including Peltier v. Charter Day School, Inc. on sex-specific dress codes). Materials raising questions and critique about the intersection of race and gender, including historical materials that highlight the relationship between women’s suffrage advocates and abolitionists and excerpts from newer scholars. Coverage of the impact of the Covid-19 crisis and its exacerbation of gender issues at work and in the home. Updated equal pay materials, revised to highlight new developments in Equal Pay Act litigation, including Rizo v. Yovino on the use of prior salary as a “factor other than sex.” Revised materials on the criminal law of rape that include material from the proposed amendment to the Model Penal Code as well as coverage of the racial stereotypes sometimes reflected in the wrongful accusation and conviction of Black men. Professors and students will benefit from: Dozens of new Putting Theory into Practice problems An updated teacher’s manual with audio and video clips from films, documentaries, news programs, and television and radio series on the book’s main substantive topics. For new teachers, the teacher’s manual is an essential resource; for more experienced teachers, the book is structured in a way that gives them lots of options for how and what to cover in the course depending on the number of credit hours and the professor’s own sense of what should be taught