View the Table of Contents.
Read the Introduction.
"Lee's book is a compelling and well-informed analysis of the
issues raised when courts confront questions of reasonableness in
high-profile, headline-grabbing cases."
-- "Choice"
"Lee challenges readers to question the concept of
'reasonableness' and how it has been applied. . . Scholars,
students, professionals and the educated public will appreciate the
careful, well-documented argument and pertinent examples."
--"Library Journal"
"Ms. Lee offers an extended argument for reforming the
provocation doctrine by requiring judges and jurors to reflect more
carefully about the reasonableness of the defendant's
behavior."
--"The Chronicle of Higher Education"
aEven readers who do not view Leeas recommendations through a
theoretical lens will be drawn to Leeas suggestions as practical
solutions to the complicated social norms problem she has
identified."
--"Michigan Law Review"
"Provocative and persuasive. In this well-written and
meticulously documented book, Cynthia Lee demonstrates how the law
has defined 'reasonableness' in criminal law to favor men against
women, straight men against gay men, and whites against blacks.
Lee's synthesis of many seemingly different examples, with
thoughtful responses to the various objections that might be
raised, is legal scholarship that can make a difference in our
social practices. This is a serious and compelling book that should
lead to reform."
--Frank H. Wu, author of "Yellow: Race in America beyond Black and
White"
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 that demonstrate that the reasonableness requirement
tends to exclude the perspectives of minorities, such as
heterosexual women, gays and lesbians, and persons of color.
Murder and the Reasonable Man not only shows how largely
invisible social norms and beliefs influence the outcomes of
certain criminal cases, but goes further, suggesting three
tentative legal reforms to address problems of bias and undue
leniency. Ultimately, Lee cautions that the true solution lies in a
change in social attitudes.
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