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9 - Commentary on State v. Williams

from Part II - Gender on Trial

Published online by Cambridge University Press:  01 December 2022

By
Kim Hai Pearson
Edited by
Bennett Capers ,
Sarah Deer  and
Corey Rayburn Yung
Bennett Capers
Affiliation:
Fordham University, New York
Sarah Deer
Affiliation:
University of Kansas
Corey Rayburn Yung
Affiliation:
University of Kansas
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Summary

This case concerned the second-degree murder of a child by his mother. The trial court had denied the defendant’s request for the opportunity to present a cultural defense to the jury. She contended that her Chinese heritage and upbringing had impaired her state of mind such that she should not have been found guilty of murder. The court held that the trial court had erred in denying the defense. The opinion concerns the intersectional issues between race and gender in the criminal law setting.

Keywords

killingstrangledunconsciousnesscultural backgroundstrangulationheat of passion
Type
Chapter
Information
Feminist Judgments: Rewritten Criminal Law Opinions , pp. 191 - 213
Publisher: Cambridge University Press
Print publication year: 2022

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