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Shifting the Blame - How Victimization Became a Criminal Defense (Paperback, New)
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Shifting the Blame - How Victimization Became a Criminal Defense (Paperback, New)
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More than just a study of legal history, Shifting the Blame looks
at the """"abuse excuse"""" defense as an indicator of broad social
change in cultural understandings of victimization, responsibility,
and womanhood. The introduction of victimization as an exculpatory
condition within the context of a criminal defense tells the story
of a society that has accepted victimization as a new way of
explaining and excusing misbehavior. Through case law analysis, the
book documents the initial development of the strategy in three
different types of cases in the 1970s - """"rotten social
background"""", brainwashing, and battered women's self-defense
cases. Since its initial acceptance in battered women's cases in
the early 1980s, the use of the strategy has expanded to a variety
of offenders in different types of relationships arguing different
defenses. In lively, readable prose, Westervelt examines each form
of expansion, revealing that while the expansion of the strategy
has been fairly extensive, it has also been limited in some
important ways. Her research shows readers that only certain types
of """"victims,"""" particularly victims of physical abuse, have
successfully used this defense. Shifting the Blame exposes the ways
in which the acceptance of this new defense strategy illuminates a
cultural shift in understandings of individual responsibility and
shows how the law plays a role in defining who can be an acceptable
victim. Saundra D. Westervelt is an assistant professor in the
Sociology Department at the University of North Carolina at
Greensboro.
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