About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

19 Harv. J. L. & Pub. Pol'y 703 (1995-1996)
Demystifying the Abuse Excuse: Is There One

handle is hein.journals/hjlpp19 and id is 719 raw text is: DEMYSTIFYING THE ABUSE EXCUSE: IS THERE ONE? PETER ARENELLA Media accounts of some recent high-profile cases claim the criminal law has eagerly embraced a new abuse excuse de- fense; one that allows the defendant to negate his criminal re- sponsibility by shifting blame from himself to the victim who abused him. Some prominent academics like Alan Dershowitz and Stephen Morse have legitimated this conventional wisdom by writing op-ed pieces and articles suggesting that there is an epidemic' of new syndrome excuse defenses swamping our courtrooms. Professor Dershowitz condemns this defense by pointing out how easily it can be fabricated by desperate defen- dants and sleazy defense counsel.2 Even when claims of victimi- zation are factually well founded, critics insist that most of these * Professor, UCLA School of Law. 1. Stephen J. Morse, The New Syndrome Excuse Syndrome 14 CRIM. JUST. ETHICS, Win- ter/Spring, 1995, at 3, 4. 2. See Alan M. Dershowitz, The Abuse Excuse, S.F. EXAMINER, Jan. 16, 1994, at A15. In one of the first syndicated op-ed pieces in which he coined the phrase abuse excuse, Professor Dershowitz wrote: Two clear messages have been sent. The first to victims of abuse: The legal sys- tem may excuse you if you take the law into your own hands instead of either leaving or reporting the abuse. This unfortunate message has been underlined by the outpourings of public support for abuse victims who kill or maim. The second message is directed to criminal defense lawyers: When neither the law nor the facts are on your client's side, argue abuse. It may get you an acquittal, a reduced charge or a hung jury. The popularity of the abuse excuse poses real dangers to our safety and to the integrity of our legal system. It is far too easy for a desperate criminal to concoct a false history of abuse, for a disturbed criminal to imagine such a history or for a sleazy lawyer to manufacture such a defense. Id. Professor Dershowitz's subsequent book, see ALAN M. DERSHOWITZ, THE ABUSE EXCUSE AND OTHER COP-OUTS, SOB STORIES AND EVASIONS OF RESPONSIBILITY (1994), about the abuse excuse received widespread media attention in part because it reinforced the public's perception that claims of victimization were being used by people in all walks of life to deny responsibility for their actions. See, e.g., Tom Egerman, Legal Expert Doesn't Buy Defensive 'Abuse Excuse' STAR-TRIB. (Minneapolis-St. Paul), Dec. 4, 1994, at 14F; Carolyn See, An Angrj Dershowitz Rails Against Our Nation of Wimps, ROCKY MOUNTAIN NEWS, Dec. 25, 1994, at 78A; Richard E. Vatz & Lee S. Weinberg, Making E xcuses: Legal Media Hound's Latest Effort is a Poor Excuse for a Book on the Issue of Dodging Criminal Responsibility, SUN-SENTINEL (Ft. Lauderdale, Fla.), Dec. 25, 1995, at 10D.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most