Provocation, Law Reform and the Medea Syndrome
Criminal Law Journal, Vol. 28, No. 3, pp. 133-140, 2004
13 Pages Posted: 2 Sep 2009
Date Written: September 1, 2009
This article examines the pervasive gender bias in the criminal law's defence of provocation, critiquing some key writings and cases. The author introduces his concept of the Medea syndrome, a notion that helps to explain both ongoing blindness to male violence as well as the lie of Woman's inherent evil and deceit. Early reform proposals emanating from the Law Commission of England and Wales, and the Victorian Law Reform Commission are analysed. The article also investigates sentencing trends of defendants post the lifting of the marital-rape exemption in England, and concludes by cautioning against losing focus of male violence at sentencing in provocation cases.
Keywords: homicide, provocation, male violence, gender bias, proprietariness, reform, abolition, sentencing, England & Wales, Victoria
JEL Classification: K10, K14, K30
Suggested Citation: Suggested Citation