Criminal law and criminology: a survey of recent books.

AuthorFerrall, Bard R.
PositionBibliography

DEFENSES

CYNTHIA LEE, MURDER AND THE REASONABLE MAN: PASSION AND FEAR IN THE CRIMINAL COURTROOM (New York, New York University Press, 2003) 371pp.

Reasonableness is an important element of two established defenses to a charge of murder: provocation and self-defense. Using an historical analysis of the development of these two defenses, the author argues that the actual application of the reasonableness standard derives from societal constructs of race and gender, despite racial and gender neutrality in the legal language defining the defenses. Examining use of the provocation defense in cases of murder following discovery of spousal infidelity, the author finds the defense significantly more successful in cases where the husband murders the unfaithful wife, than when the wife murders the unfaithful husband. In the case of non-violent homosexual advances, the author finds that the actual application of the reasonableness standard derives from the social construction of male heterosexuality. The outcome of cases where the murderer and victim are of different races, and self-defense is pleaded, indicates that societal constructs and stereotypes of the Black or Latino male as dangerous form an important component in decisions as to whether the defendant reasonably perceived a threat. The extreme difficulty for abused wives who kill their abusers to assert self-defense against the murder charge by successfully claiming the reasonableness of their fear of their abusers, indicates that gender constructs figure significantly in the application of the reasonableness requirement. The author discusses general problems in the reasonableness standards, such as adequately describing the "reasonable man" to the jury. Should the standard be normative or descriptive? Should it be "objective" or "subjective"? To what extent should a jury be allowed to consider the particular facts of the defendant's background in determine the reasonableness of his or her action? Proposals for substituting a reasonable woman standard, where appropriate, are examined. The author concludes with the proposal that the law consider the reasonableness of the defendant's emotions to be a separate question from the reasonableness of his or her actions.

PRISONS AND PRISONERS

PAULA C, JOHNSON, INNER LIVES: VOICES OF AFRICAN AMERICAN WOMEN IN PRISON (New York, New York University Press, 2003) 339pp.

The author presents narratives from African American women currently or formerly incarcerated. Included also are interviews with African American women involved...

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