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Murder and the Reasonable Man
Author: Cynthia K. Lee

ISBN: 9780814751152
Format: Hardcover
Number Of Pages: 371
Published: 16 June 2003
Country of Publication: US
Dimensions (cm): 583.0 x 389.5 x 2.8
Description:


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 tha...

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