175 research outputs found
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Femicide and the law ::American criminal doctrines /
No full textThis 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
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Assaultive Femicide and the American Felony-Murder Rule
No full textThis article examines the American legal criminal doctrine that is commonly applied in cases of a particular sub-type of femicide: assaultive femicide, women who are battered to death. The most relevant criminal doctrine applicable to these circumstances is the felony-murder rule, applied in most U.S. jurisdictions. As will be shown, the doctrine's most problematic modification relates to one of its sub-doctrines, the principle of merger, which was stretched and extended to include lesser non-homicidal offenses such as assault. This gross doctrinal extension has in fact created a criminal anomaly whereby blameworthy murderers of women are exonerated and technically exempted from murder convictions. Given that most U.S. jurisdictions apply the felony-murder doctrine in some form, the article will analyze and scrutinize the felonymurder doctrine with regard to its particular applicability to circumstances of assaultive femicide. In addition, the article will propose statutory amendments to Sections 210.2(b) and 210.6 of the U.S. Model Penal Code. The proposed statutory amendments to the U.S. Model Penal Code are applicable, mutatis mutandis, to most American jurisdictions and may constitute a prototype for future legislative state reforms.</p
To Kill or Not to Kill: (When) That Is the Question? A Legislative Treatise on Battered Israeli Women Facing a Dead End Road
No full textThis Paper seeks to examine the legal framework in which the self-defense exception is applied in Israel in circumstances of domestic violence. The Paper scrutinizes the issue with reference to recent amendments to the Israeli Penal Code pertaining to the ‘castledefense’ which grants a person defending his home and property-wide protection from criminal liability. In light of these amendments, the lack of legislative harmony between the exception to criminal liability applied when defending property and the deficient protection afforded to victims of ongoing, severe domestic violence, is striking. Aside from a critical review of Israeli legislation on the issue, this Paper suggests an appropriate legal framework to apply the selfdefense exception in circumstances of domestic abuse. The proposal creates legal harmony within the self-defense exceptions in Israeli criminal law, taking the path of legislative amendments enacted recently in the Australian state of Victoria, as well as several states in the United States
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