By Austin Sarat
This forty-fifth quantity of "Studies in legislations, Politics, and Society" brings jointly the paintings of students from a number of disciplines, paintings which usefully illuminates significant questions surrounding the operation of legislations and criminal structures. Their paintings bargains new views on sentencing and punishment, lawyering for the general public sturdy, and the which means of criminal doctrine. The articles released the following exemplify the fascinating and leading edge paintings now being performed in interdisciplinary criminal scholarship.
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Extra info for Studies in Law, Politics, and Society, Volume 45 (Studies in Law, Politics and Society)
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44 RUTHY LAZAR REFERENCES Abrams, K. (1999). From autonomy to agency: Feminist perspectives on self-direction. William and Mary Law Review, 40, 805. Allard, S. A. (1991). Rethinking battered woman syndrome: A black feminist perspective. UCLA Women’s Law Journal, 1, 191. , & Mosher, J. (1998). (Re)fashioning medicine’s response to wife abuse. In: S. ), The politics of women’s health: Exploring agency and autonomy (pp. 205–233). Philadelphia: Temple University Press. Bradfield, R. (2002) The treatment of women who kill their violent male partners within the Australian criminal justice system.
CATHERINE GRUBER defendant as the defendant might, with halting eloquence, speak for himself ’’ (Green v. United States, 1961). Because the right of allocution is understood as providing a benefit for defendants, it has come to serve as an index of the fairness of the criminal justice system. The description provided by American Jurisprudence 2d (1998) reflects allocution’s dual nature: ‘‘Allocution is a plea for mercy; it is not intended to advance or dispute facts. The purpose of allocution is two-fold: first, it reflects the belief that civilization should afford every defendant the opportunity to ask for mercy, and, second, it permits the defendant to impress the jury with his or her feelings of remorse’’ (21A: y811).
3287. J. No. 1415 (Ont. ). J. No. 105. Q. J. No. 13. J. No. 12. CONTEXTUAL CONSTRAINTS ON DEFENDANTS’ APOLOGIES AT SENTENCING M. Catherine Gruber ABSTRACT This chapter explores some of the risks and constraints associated with defendants’ apologies during allocution at sentencing. It argues that defendants’ stigmatized institutional role identities in conjunction with the constraints imposed by the discursive context of allocution function to limit both the effectiveness with which defendants can speak on their own behalf and the kinds of things that they can say.