Philosophy Critical Thinking

Download E-books Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom (Critical America (New York University Hardcover)) PDF

By Cynthia Lee

A guy murders his spouse after she has admitted her infidelity; one other guy kills an overtly homosexual teammate after receiving a therapeutic massage; a 3rd guy, white, is going for a jog in a “bad” local, wearing a pistol, and shoots an African American youngster who had his palms in his wallet. whilst introduced sooner than the legal justice process, all 3 males argue that they need to be discovered “not guilty”; the 1st use the safety of provocation, whereas the 3rd argues he used his gun in self-defense.Drawing upon those and related instances, Cynthia Lee exhibits how well-established, conventional felony legislations defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. whereas the reasonableness requirement, inherent in either defenses, is designed to permit neighborhood enter and supply larger flexibility in criminal decision-making, the requirement additionally permits majority-culture defendants to depend on dominant social norms, comparable to masculinity, heterosexuality, and race (i.e., racial stereotypes), to strengthen their claims of reasonableness. whilst, Lee examines different circumstances that reveal that the reasonableness requirement has a tendency to exclude the views of minorities, corresponding to heterosexual girls, gays and lesbians, and people of color.Murder and the moderate guy not just exhibits how mostly invisible social norms and ideology impact the results of definite legal instances, yet is going additional, suggesting 3 tentative felony reforms to handle difficulties of bias and undue leniency. eventually, Lee cautions that the genuine resolution lies in a metamorphosis in social attitudes.

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