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6. Why Only the State may Inflict Criminal Sanctions: The Case Against Privately Inflicted Sanctions
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15. Provocation: Explaining and Justifying the Defense in Partial Excuse, Loss of Self-Control Terms
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I. Battered Women and the Imminence Rule I. Battered Women and the Imminence Rule
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II. Is the Imminence Rule Really Necessary? II. Is the Imminence Rule Really Necessary?
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III. The Imminence Rule: Political, Not Moral III. The Imminence Rule: Political, Not Moral
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IV. Imminence and the Battered Woman IV. Imminence and the Battered Woman
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V. Conclusion V. Conclusion
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Comments Comments
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The Real Link Between Imminence and Necessity The Real Link Between Imminence and Necessity
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In Defense of the Proxy Thesis In Defense of the Proxy Thesis
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The Values and Costs of Imminence The Values and Costs of Imminence
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Imminence Reconsidered: Are Battered Women Different? Imminence Reconsidered: Are Battered Women Different?
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The “Imminence” Requirement, Battered Women, and the Authority to Strike Back The “Imminence” Requirement, Battered Women, and the Authority to Strike Back
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19. Self-Defense, Imminence, and the Battered Woman
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Published:November 2011
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Abstract
This chapter presents an authoritative overview of self-defense in relation to the so-called imminence rule and its application to “battered woman” situations. More specifically, it examines whether the imminence rule applies to women who claim to have been subject to repeated domestic abuse, and who kill their abuser during a lull in these attacks, even (in some cases) when he is asleep or unconscious. It argues that the imminence rule is an important limitation on the individual citizen's right to use force, even in the case of the battered woman. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as the connection between imminence and necessity, the proxy thesis, the values and costs of imminence, and the authority to strike back.
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