About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


15 Geo. J. Gender & L. 411 (2014)
Uxoricide under the Auspices of the Model Penal Code: A Legislative Proposal to Amend Section 210.3(B) of the Model Penal Code

handle is hein.journals/grggenl15 and id is 425 raw text is: ARTICLES UXORICIDE UNDER THE AUSPICES OF THE MODEL PENAL CODE: A LEGISLATIVE PROPOSAL TO AMEND SECTION 210.3(B) OF THE MODEL PENAL CODE HAVA DAYAN* AND EMANUEL GROSS** 1. INTRODUCTION ...................................... 411 II. LOVE, JEALOUSY, AND PROVOCATION: A Socio-LEGAL VIEW OF INTIMATE PARTNER HOMICIDES........................... 413 III. THE LEGAL ORIGINS OF THE AMERICAN DOCTRINE OF PROVOCATION ....................................... 418 A. THE AMERICAN VERSION OF THE DOCTRINE OF PROVOCATION BASED ON ENGLISH EARLY COMMON LAW ............... 420 B. THE AMERICAN VERSION OF THE DOCTRINE OF PROVOCATION BASED ON THE REASONABLE PERSON APPROACH ......... 421 C. THE AMERICAN VERSION OF THE DOCTRINE OF PROVOCATION BASED ON THE HEAT OF PASSION APPROACH ............ 422 IV. A CRITICAL SOCIOLOGICAL LOOK AT THE RELATIONSHIP BETWEEN THE DOCTRINE OF PROVOCATION AND THE MURDER OF INTIMATE PARTNERS. .......................................... 425 V. A LEGISLATIVE PROPOSAL TO AMEND THE MODEL PENAL CODE IN THE CONTEXT OF THE MURDER OF AN INTIMATE PARTNER ........ 428 VI. CONCLUSION. ........................................ 432 I. INTRODUCTION A diagnostic view of the phenomenon of the murder of women reveals that unique yet common motives for murder are sexual jealousy or the female partner's desire to end an intimate relationship. This article deals with the socio-legal problems stemming from the application of the doctrine of provoca- tion, as it is statutorily entrenched in states that have adopted the text of the Model Penal Code in the United States. * Ph.D, Associate Lecturer in the Faculty of Law and in the School of Criminology, University of Haifa. ** Professor, Senior Staff Member in the Faculty of Law, University of Haifa. We would like to thank the editors and staff at Georgetown Journal of Gender and the Law for the valuable and insightful comments to this article. © 2014, Hava Dayan, Emanuel Gross. 411