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Capital Murder and the Domestic Discount: A Study of Capital Domestic Murder in the Post Furman Era

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Please use this identifier to cite or link to this item: http://hdl.handle.net/1928/20503

Capital Murder and the Domestic Discount: A Study of Capital Domestic Murder in the Post Furman Era

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dc.contributor.author Rapaport, Elizabeth
dc.date.accessioned 2012-05-08T18:21:18Z
dc.date.available 2012-05-08T18:21:18Z
dc.date.issued 1996
dc.identifier.citation 49 SMU L. Rev. 1507 (1996) en_US
dc.identifier.uri http://hdl.handle.net/1928/20503
dc.description.abstract In this Article I will challenge the tendency to discount the severity of domestic homicide, a phenomenon I call "the domestic discount." I will argue against automatic mitigation-the imputation of provocation or diminished capacity-simply or merely because the relationship" between victim and defendant is domestic or sexually intimate. I will argue that the traditional hot blood/cold blood dichotomy is an imperfect guide to the moral grading of homicide offenses. In particular, reliance on it has led to the under evaluation of the seriousness of some domestic homicides. It is my contention, or hypothesis, that the conclusions I draw from the study of capital domestic cases can be generalized to the entire domain of domestic homicides: If homicide laws were purged of patriarchal values, the remaining principles that underlie our grading of homicide offenses would be consistent with the rejection of a domestic discount; the worst domestic murders like the worst predatory murders would rank among the most reprehensible crimes. en_US
dc.language.iso en_US en_US
dc.publisher Southern Methodist University. School of Law en_US
dc.title Capital Murder and the Domestic Discount: A Study of Capital Domestic Murder in the Post Furman Era en_US
dc.type Article en_US


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