Demystifying the abuse excuse: is there one?

Article Abstract:

The 'abuse excuse' does not in fact exist in criminal law. It is largely a myth created by the media by focusing on a few exceptional cases. The insanity defense is the only mechanism that allows a criminal defendant to negate legal responsibility based on evidence of past victimization, and it is rarely successful. Victimization is sometimes offered as a partial excuse that can reduce the severity of a charge, from murder to voluntary manslaughter, for example. The acquittal of Lorena Bobbitt was a highly unusual case of a successful insanity defense that gave rise to the notion of the 'abuse excuse.'

Social aspects, Ethical aspects, Media coverage, Criminal liability, Insanity defense, Crime and the press, Crime reporting (Journalism)

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The use and abuse of history in Compassion in Dying

Article Abstract:

History was abused in the Ninth Circuit decision in Compassion in Dying v. Washington, upholding physician-assisted suicide as a constitutional right. The majority opinion, written by Judge Stephen J. Reinhardt, includes a historical survey of attitudes toward suicide, but it is extremely inaccurate, selective and distorted. The Hippocratic Oath is the most pertinent historical evidence, but it is not included in the historical inquiry. In addition, Judge Reinhardt maintains that historical evidence in itself does not provide sufficient reason to reject a proposed liberty interest.

History, Suicide, Assisted suicide, Washington (State)

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The Confrontation Clause and hearsay statements by child victims of sexual abuse

Article Abstract:

The US Supreme Court in White v Illinois allowed statements from an allegedly molested child to be admitted under exceptions to the hearsay rule, but the ruling was weakened by its failure to address the special context of child sexual abuse. The court applied previously established categories of 'spontaneous declaration' and 'medical examination' hearsay exceptions which are not always applicable to child witnesses. Instead, greater evidentiary weight could have been given to the child's testimony because of the context.

Evidence (Law), Case Note, Children as witnesses, Child witnesses, Sexually abused children, Evidence, Hearsay, Hearsay evidence, Confrontation (Criminal law), Confrontation (Law)

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