Battered women who kill

This study assesses acquital rates using mock jurors in cases involving a battered woman charged with killing her husband. The simulated trial format was based on actual courtroom proceedings including witness cross-examination and jury deliberation proceedings. The type of plea entered was varied and reflected either self-defense, automatism, or a hypothetical plea of psychological self-defense. The severity of abuse incurred by the defendant was also varied along with expert testimony. Jurors more frequently found the defendant not guilty when a plea of automatism was entered compared to a plea of self-defense. The frequency of acquittals following a plea of psychological self-defense resulted in more acquittals than the self-defense plea but significantly fewer than the automatism plea. The likelihood of acquittal increased under conditions of severe abuse as opposed to moderate abuse. Expert witness testimony was observed to influence verdicts during juror deliberations.     

Punishment,Fair Play and the Burdens of Citizenship

The fair-play theory of punishment claims that the state is justified in imposing additional burdens on law-breakers, to remove the unfair advantage the latter have enjoyed by disobeying the law. From this perspective, punishment reestablishes a fair distribution of benefits and burdens among all citizens. In this paper, I object to this view by focusing on the case of civil disobedience. I argue that the mere illegality of this conduct is insufficient to establish the agent’s unfair advantage over his lawabiding fellows, hence the imposition of additional burdens upon him through legal punishment. I articulate a broader account of citizens’ fair-play duties, able to capture disobedience as well as obedience to the law. While claiming that some law-breakers may not be treated as free-riders, I also gesture at the fact that some law-obeying citizens may not be ‘playing fair’: in some cases, a failure to engage in civil disobedience represents a failure to do one’s own part within the cooperative scheme of society.

     

Fair Play, Political Obligation, and Punishment

This paper attempts to establish that, and explain why, the practice of punishing offenders is in principle morally permissible. My account is a nonstandard version of the fair play view, according to which punishment’s permissibility derives from reciprocal obligations shared by members of a political community, understood as a mutually beneficial, cooperative venture. Most fair play views portray punishment as an appropriate means of removing the unfair advantage an offender gains relative to law-abiding members of the community. Such views struggle, however, to provide a plausible account of this unfairly gained benefit. By contrast, on my account punishment’s permissibility follows more straightforwardly from the fair play view of political obligation: specifically, the rule instituting punishment is itself among those rules with which members of the political community are obliged to comply. For criminal offenders, compliance requires submitting to the prospect of punishment.     

Humiliation,Justice and the Play of Anxiety in Competing Jurisdictions

In colonial nations, such as the land called Australia, the two registers of settler and Indigenous jurisdictions compete at the level of symbolic certainty. In Lacanian psychoanalytic theory neither can arrive at perfect symbolisation but the struggle and the proximity to their arrival can evoke anxiety. What insists to keep this anxiety at bay, in non-Indigenous Australia, is what Jacques Derrida calls justice. As an impossible object, similar to the Lacanian object petit a, justice must be interminably animated to hold this object of desire in play. Humiliation of Indigenous people in Australia is, I argue in this article, one mode of this play. I interrogate the psychoanalytic discussions of anxiety by Freud and Lacan to consider firstly what might be the cause of anxiety for contemporary non-Indigenous Australians and secondly how this anxiety is ‘played out’ on the bodies of Indigenous people through practices of humiliation. As one example of this work of humiliation I consider several scenes of police practice in the Sydney suburb of ‘Redfern’ from the 1991 documentary Cop it Sweet.     

Women who kill in drug market situations

Recent studies of women and homicide have shown that lethal violence by women is a more complex phenomenon than merely self-defense against abusive partners. In this paper we examine cases of homicide by women who killed in drug market situations to explore the ways in which changing drug markets may have influenced women's involvement in lethal violence. From open-ended and semistructured interviews with 215 women sentenced to prison in New York State for homicide, we identified 19 women whose cases involved a drug market situation. Through qualitative analysis of the narratives offered by these women to explain their involvement in the killing, we found evidence that women will use violence, as will men, to protect or augment an economic interest in a drug market. From further analysis, however, we concluded that even in a clearly economic context in which women are able to acquire their own economic interest, some women will kill or participate in a killing in connection with their relationship with a male business or intimate partner. That is, women who kill in the economic context of a drug market may kill for economic reasons, but the specific circumstances of involvement in a drug market do not necessarily negate the significance of gender.     

Dangerously antisocial youths who kill their parents

Adolescent parricide offenders are typically presented in the popular and professional literature as prosocial youths in fear of their lives, often killing to protect themselves or others from death or serious physical injury or to end the chronic abuse they and other family members suffer. There are, however, dangerously antisocial youths who kill their parents for selfish, instrumental reasons. The trial of Lyle and Eric Menendez, two affluent youths accused of the first degree murder of their parents, captured worldwide attention. The question “Were they abused kids or did they kill for the money” is addressed in terms of the author’s typology of parricide offenders. Pertinent case facts are examined in relation to her synthesis of the literature on adolescent parricide offenders. Close study of this case indicates that the brothers did not fit the profile of “the severely abused child”. An alternative explanation that more closely fits the established facts is presented. Pertinent questions that need to be addressed by mental health professionals examining adolescent parricide offenders are addressed.     

Culling the cousins: Kingship,kinship, and competition in mid-millennial England

Kin selection, an aspect of evolutionary theory, argues that, all else equal, individuals should give preferential treatment to relatives, based on the degree of relatedness [Hamilton, W. D. (1964). The genetical evolution of social behaviour I, II. Journal of Theoretical Biology, 7, 1–52.]. However, one may observe instances where competition for scarce or unique resources is stronger between family members than between unrelated individuals. Such a situation existed between 1377 and 1603 with intense competition for the throne of England among descendents of Edward III. During this period, monarchs were executed by relatives to gain or maintain the throne for him or herself or descendents. Despite the widespread destruction of kindred, we show that executioners never sacrificed lineal relatives nor executed collateral relatives in excess of their own legitimate nuclear relatedness, and the number of executed relatives was positively correlated to the age and legitimate reproductive success of the executioner. Moreover, when resources are scarce, have an intrinsically high value, and are inherited, it may be in your Darwinian reproductive interest not to maximize but to minimize the number of legitimate children in order to reduce competition among family members.     

发挥人才资源优势 推动长吉图开发开放先导区的发展

长吉图开发开放先导区是吉林省在振兴东北老工业基地的基础上迎来的又一新机遇和新挑战,而人才是生产发展的第一资源。本文在分析了长吉图开发开放先导区战略规划目的的基础上,阐述了目前长吉图开发开放先导区人才发展的现状及存在的问题,并提出了解决对策。以便更好地运用人才资源推进长吉图开发开放先导区的建设和发展。     

Battered women who kill their abusers: an examination of commonsense notions, cognitions, and judgments

It has been argued that battered women who kill their abusers represent a special class of defendants being unfairly treated in the legal system. As a result, commentators have argued for reforms to permit the judicial system to respond more fairly. Researchers have investigated the influences of these prescribed legal modifications and the possible influence of various demographic and psychological factors on legal reforms. However, social scientists have not yet asked some fundamental, psychological questions. Is the law consistent with what society believes is right and just? Is there a commonsense notion of justice in these cases? What factors constitute cognitive decision rules and influence judgments in cases of battered women who kill their abusers? This study uses a basic, psychological method to identify psychological factors that are important in judgments regarding battered women who kill and to better understand commonsense notions of justice in these cases.     

Men who kill their mates: A profile

Journal of Family Violence - The population of 46 men arrested in Detroit, Michigan, for killing their current or former spouse (legal or common law) or girlfriend during 1982 and 1983 is analyzed...     

正当竞争与不正当竞争的界线——“诸葛酿”酒不正当竞争纠纷案评析

“正当竞争”与“不正当竞争”的界线往往是非常模糊的,难以用非常明确的法律语言进行规定。在司法实践中,应当根据我国反不正当竞争法的规定和市场竞争的基本规则,充分考虑被控侵权人的主观心理状态和被控行为在客观上是否损害公共利益、消费者利益或者其他经营者的利益等,以综合判断得出正确的结论。     

A comparative evaluation of competition law, policy, and innovation

‘A book may be good for nothing; or there may be onlyone thing in it worth knowing; are we to read it all through?’(Samuel Johnson) This section is dedicated to the review of ideas, articles,books, films and other media. It will include replies (and rejoinders)to articles, the evaluation of new ideas or proposals, and reviewsof books and articles both directly and indirectly related tointellectual property law. Keeping apace with technological development, while simultaneouslyproviding a sound legal framework that ensures both legal