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http://ssrn.com/abstract=1444903
 
 

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Control Killings


Deborah Tuerkheimer


Northwestern University - School of Law

August 6, 2009

Texas Law Review, Vol. 87, pp. 117-124, 2009

Abstract:     
A defendant on trial for murdering his intimate has forfeited his constitutional right to confront her as a witness, provided that, by taking her life, he intended to 'isolate the victim and to stop her from reporting abuse to the authorities or cooperating with a criminal prosecution.' This, the rule of forfeiture recently announced by the U.S. Supreme Court in California v. Giles, requires lower courts to consider the dynamics of battering when inferring the defendant’s intent. However, current legal conceptualizations of domestic violence homicide are underdeveloped. This comment on Professor Tom Lininger’s important contribution to a rich scholarly discourse treating the Confrontation Clause advances a conversation about what I call 'control killings.' My hope is that this conversation will penetrate the law and, in particular, inform judicial inquiries into the mens rea of the batterer who kills.

Number of Pages in PDF File: 8

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Date posted: August 6, 2009  

Suggested Citation

Tuerkheimer, Deborah, Control Killings (August 6, 2009). Texas Law Review, Vol. 87, pp. 117-124, 2009. Available at SSRN: http://ssrn.com/abstract=1444903

Contact Information

Deborah Tuerkheimer (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States

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