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Research Notes

    305.19.1.1    Self-Defense
    305.19.1.2    Self-Defense: Carjacking
    305.19.1.3    Sentencing Entrapment
    305.19.2       Sex Crimes
    305.19.3       Sex Crimes, Special Sex Offender Punishment Laws
    305.19.4       Sexual Battery
    305.19.5       Solicitation
    305.19.6       Special Verdicts
    305.19.7       Spousal/Cohabitant Abuse
    305.19.8       Stalking
    305.19.9.1    Sua Sponte Instructions
    305.19.9.2    Summation/Closing Argument
    305.19.10     Supplemental Instruction/Deliberation Procedure/Juror Communications
    305.19.11     Sympathy

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    305.19.1    Self-Defense

See also NCJIC Research Notes 305.2.2 [Battered Woman/Child Syndrome ].

The Absence of Malice? In re Christian S. (94) 7 C4th 768, the Second Wind of the Imperfect Self-Defense Doctrine. K.P. McGee, 25 Golden Gate U. L. Rev. 297-330 Spring 1995.

Accused's Right to Have Jury Instructed as to Both Unintentional Shooting and Self-defense, 15 ALR4th 983.

Admissibility Of Threats To Defendant Made By Third Parties To Support Claim Of Self-Defense In Criminal Prosecution For Assault Or Homicide, 55 ALR5th 449, and Later Case Service.

Battered Children Who Kill: Developing an Appropriate Legal Response. C.S. Ryan, 10 Notre Dame J.L. Ethics and Pub. Pol'y. 301-39 1996.

Battered Woman Syndrome: A Tool For Batterers? M.F. Griffith, 64 Fordham L. Rev. 141-98 Oct. 1995.

Battered Women and the Full Benefit of Self-Defense Laws, Duiven, 12 Berkeley Women's L.J. 103-11 (1997).

The Battered Woman, Self-Defense, and the Grand Jury: Why the Jury Refused to Indict. V.L. Lutz, C.M. Bonomolo, 32 Trial 46-7+ Aug. 1996.

Clemency for Killers? Pardoning Battered Women Who Strike Back. C.N. Becker, 29 Loy. L.A. L. Rev. 297-342 Nov. 1995.

Downward Adjustment and the Slippery Slope: The Use of Duress In Defense of Battered Offenders, L.K. Dore, 56 Ohio St. L.J. 665-773, 1995.

Duress and Provocation as Excuses to Murder: Salutary Lessons From Recent Anglo-American Jurisprudence. A. Reed, 6 J. Transnat'l L. & Pol'y 51-92 Fall 1996.

Duty of Trial Court to Instruct on Self-defense in Absence of Request by Accused, 56 ALR2d 1170.

The Hazards of Using the "Battered Child Syndrome" As Evidence of Self-Defense When Children Kill In Non-Confrontational Situations. L.Z. Houfek, 16 J. Juv. L. 91-114 1995.

Homicide: Modern Status of Rules as to Burden and Quantum of Proof to Show Self-defense, 43 ALR3d 221.

How Will Battered Women Fare Under the New Welfare Reform? S.L. Howell. 12 Berkeley Women's L.J. 140-50. 1997.

Mistaken Belief in Self-Defence [United Kingdom] Cooper, 56 J.Crim.L. 377, Nov. 1992.

Murder -- Self-Defense -- Direction to Jury on Subjective Element [Great Britain], Killick and Smith, Crim.L.Rev. 747, Oct. 1992.

The Perplexing Borders of Justification and Excuse, Greenawalt, 84 Colum. L. Rev. 1897, 1984.

Right to Jury Instruction on Self-Defense May be Waived [1985 annual survey of S. Carolina law], Norton, 38 S. Carolina L.Rev. 90, Autumn 1986.

Self-Defense and the State's Burden of Proof, Comment, 20 Willamette L. Rev. 179, 1984.

Self-Defense and the Child Parricide Defendant: Should Courts Make a Distinction Between The Battered Woman and the Battered Child? M.A. Scott, 44 Drake L. Rev. 351-75 1996.

Self-Defense As A Justification For Punishment, George P. Fletcher, 12 Cardozo L.Rev. 859 (1991).

Standard for Determination of Reasonableness of Criminal Defendant's Belief, for Purposes of Self-defense Claim, That Physical Force Is Necessary–Modern Cases, 73 ALR4th 993.

Unintentional Killing of or Injury to Third Person During Attempted Self-defense, 55 ALR3d 620.

Turning the Tables: Redefining Self-Defense Theory for Children Who Kill Abusive Parents. J.R. James, student author. 18 Law & Psychol. Rev. 393-408 Spr. 94.

Will the "Real" Battered Woman Please Stand Up? In Search of a Realistic Legal Definition of Battered Woman Syndrome. A.R. Callahan, 3 Am. U.J. Gender & L. 117-52 Fall 1994.

Annotation, Standard for Determination of Reasonableness of Criminal Defendant’s Belief, for Purposes of Self-defense Claim, That Physical Force Is Necessary -- Modern Cases, 73 4th 993.

Texts:

LaFave & Scott, Substantive Criminal Law (West, 1986) § 5.7.

Robinson, Criminal Law Defenses (West, 1984) § 27(c) pp. 103-110.

Wharton’s Criminal Law (West, 15th Ed. 1994) § 127.

Wharton’s Criminal Procedure (West, 13th Ed. 1989) § 475.

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    305.19.1.2    Self-Defense: Carjacking

Castles and Carjackers: Proportionality and the Use of Deadly Force in Defense of Dwellings and Vehicles, 1999 U. Ill. L. Rev. 1 (1999).

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    305.19.1.3    Sentencing Entrapment

Comment: Sentence Entrapment and Manipulation: Government Manipulation of the Federal Sentencing Guidelines, 29 Akron L. Rev. 697 (1996).

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Admissibility, at Criminal Prosecution, of Expert Testimony on Rape Trauma Syndrome, 42 ALR4th 879.

Admissibility, in Prosecution for Sex-related Offense, of Results of Tests on Semen or Seminal Fluids, 75 ALR4th 897.

Admissibility, in Rape Case, of Evidence That Accused Raped or Attempted to Rape Person Other than Prosecutrix, 2 ALR4th 330.

Admissibility of Expert Testimony as to Criminal Defendant's Propensity Toward Sexual Deviation, 42 ALR4th 937.

Constitutional Law--Due Process and Equal Protection--California Becomes First State to Require Chemical Castration of Certain Sex Offenders (Act. of Sept. 17, 1996, Ch. 596, 1996 Cal.Stats. 92 [to be codified at PC 645]). 110 Harv. L. Rev. 799-804. January 1997.

Constitutionality of "Rape Shield" Statute Restricting Use of Evidence of Victim's Sexual Experiences, 1 ALR4th 283.

Entrapment Defense in Sex Offense Prosecutions, 12 ALR4th 413.

Fact That Murder-rape Victim Was Dead at Time of Penetration as Affecting Conviction for Rape, 76 ALR4th 1147.

Mistake or Lack of Information as to Victim's Age as Defense to Statutory Rape, 8 ALR3d 1100.

Mistake or Lack of Information as to Victim's Chastity as Defense to Statutory Rape, 44 ALR3d 1434.

Modern Status of Admissibility, in Forcible Rape Prosecution, of Complainant's Prior Sexual Acts, 94 ALR3d 257.

Modern Status of Rule Regarding Necessity for Corroboration of Victim's Testimony in Prosecution for Sexual Offense, 31 ALR4th 120.

Multiple Instances of Forcible Intercourse Involving Same Defendant and Same Victim as Constituting Multiple Crimes of Rape, 81 ALR3d 1228.

Necessity and Sufficiency of Cautionary Instructions, in Prosecution for Rape, as to Evidence of Other Similar Offense, 77 ALR2d 906.

Necessity or Permissibility of Mental Examination to Determine Competency or Credibility of Complainant in Sexual Offense Prosecution, 45 ALR4th 310.

Propriety Of, or Prejudicial Effect of Omitting or of Giving, Instruction to Jury, in Prosecution for Rape or Other Sexual Offense, as to Ease of Making or Difficulty of Defending Against Such a Charge, 92 ALR3d 866.

Rape or Similar Offense Based on Intercourse with Woman Who Is Allegedly Mentally Deficient, 31 ALR3d 1227.

Remoteness in Time of Other Similar Offenses Committed by Accused as Affecting Admissibility of Evidence Thereof in Prosecution for Sex Offenses, 88 ALR3d 8.

Sex Abuse, Accusations of Lies, and Videotaped Testimony: A Proposal for a Federal Hearsay Exception in Child Sexual Abuse Cases. D.B. Lathi. 68 U. Colo. L. Rev. 507-40, Spring 1997.

Sex Crime: Propriety of Lesser-included-offense Charge to Jury in Federal Sex-crime Prosecution, 100 ALR Fed 535.

Statutes Relating to Sexual Psychopaths, 24 ALR2d 350.

Symposium on the Admission of Prior Offense Evidence in Sexual Assault Cases. D.A. Nance, et al., 70 Chi.Kent L. Rev. 3-67 1994.

The Trauma of Testifying in Court for Child Victims of Sexual Assault v. the Accused's Right to Confrontation. L.C. Brannon, 18 Law & Psychol. Rev. 439-60, Spring 1994.

Using the Doctrine of Chances to Prove Actus Reus in Child Abuse and Acquaintance Rape: People v. Ewoldt Reconsidered. M. Cammack, 29 U.C. Davis L. Rev. 355 (1996).

Validity of Statute Making Sodomy a Criminal Offense, 20 ALR4th 1009.

Venue in Rape Cases Where Crime Is Committed Partly in One Place and Partly in Another, 100 ALR3d 1174.

What Constitutes Offense of "Sexual Battery," 87 ALR3d 1250.

What Constitutes Penetration in Prosecution for Rape or Statutory Rape, 76 ALR3d 163.

Why the System Fails Abused Children. 33 Trial 18-22+ March 1997.

Texts:

Wharton’s Criminal Law, (West, 15th ed. 1995) § 276-292.

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Constitutional Law--Due Process and Equal Protection--California Becomes First State to Require Chemical Castration of Certain Sex Offenders (Act. of Sept. 17, 1996, Ch. 596, 1996 Cal.Stats. 92 [to be codified at PC 645]) 110 Harv. L. Rev. 799-804. January 1997.

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Annotation, What Constitutes Offense of "Sexual Battery," 87 ALR3d 1250 and Later Case Service.

Multiplicity and the Independence of Aggravated Sexual Battery under Kan. Stat. Ann. §§ 21-3107(2), 32 Washburn L.J. 290, Winter, 1993 Comment [State v. Mason, 827 P.2D 748 (KAN. 1992)] Lance Thaxton.

Sexual Battery, 24 Pac. L.J. 758, January, 1993, Review of Selected 1992 California Legislation, Joel E. Sannes-Pond.

Sexual Battery–Enhancements, 24 Pac. L.J. 760, January, 1993, Review of Selected 1992 California Legislation, Joel E. Sannes-Pond.

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Criminal Attempt, Conspiracy, and Solicitation: Allow for Person to Be Convicted of Conspiracy to Commit Crime Despite Completion of That Crime by Others, 13 Ga. St. U. L. Rev. 105, November 1996, Mike Arnold.

Does 18 USC 666 Apply to The Corrupt Solicitation of Political Services in Exchange For Municipal Jobs?, 37 Vill. L. Rev. 1033, 1992, Third Circuit Review, United States v. Cicco (1991) Jay M. Green.

Solicitation on Postal Premises: United States v. Kokinda, 6 BYU J. Pub. L. 199, 1992, Jay R. Larsen.

Solicitation to Commit Crime Against More than One Person or Property, Made in Single Conversation as Single or Multiple Crimes, 24 ALR4th 1324.

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Beyond "Guilty" or "Not Guilty": Giving Special Verdicts in Criminal Jury Trials, 21 Yale L. & Pol'y Rev. 263 (2003).

Cardinal Newman and Jury Verdicts: Reason, Belief, and Certitude. C. Moran, 8(1) Yale L.J. 63, 1996.

Jury Agreement and the General Verdict in Criminal Cases, Comment, 19 Land and Water L. Rev. 207, 1984.

Removing the Blindfold: General Verdicts and Letting the Jury Know the Effects of its Answers [appendix contains survey of Texas law] Miller, 29 S. Texas L.Rev. 233, Oct. 1987.

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The Psychodynamics of Family Violence [symposium at annual meeting], Society for Personality Assessment, 1992.

Recent Developments: Judging Domestic Violence, 10 Harv.Women's L.J. 278, 1987.

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Are Stalking Laws Unconstitutionally Vague or Overbroad? Boychuk, (1994) 88 NW U L Rev 769, 784-802.

Stalking and The First Amendment: A Constitutional Analysis of State Stalking Laws. B. Bjerregaard, Crim. L. Bull. 307-41 July-Aug. 1996.

Validity, Construction, and Application of Stalking Statutes, 29 ALR 5th 487.

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CJER Mandatory Criminal Jury Instructions Handbook, Judicial Council of California, 1993.

Duty of Trial Court to Instruct on Self-defense in Absence of Request by Accused, 56 ALR2d 1170.

Summing Up -- Need to Direct Jury on Matters Properly Issues in Trial Even if not Raised by Defence Which May Omit Them for Tactical Reasons -- Corroboration [Great Britain], Cowan and Smith, Crim. L.Rev. 434, June 1992.

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Restraining Adversarial Excess in Closing Argument, 96 Colum. L. Rev. 1299 (1996).

Harry Caldwell, Name Calling at Trial: Placing Parameters on the Prosecutor, 8 Am. J. Trial Advoc. 385, 385 (1985).

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See also NCJIC Research Notes 305.4.1 [Deadlock, Deliberation Coercion].

Additional Instruction to Jury after Submission of Felony Case, 94 ALR2d 270, 94 ALR2d 307.

Amended or Additional Instructions, Right to Additional Argument on Matters Covered by, 15 ALR2d 490.

Binding Effect of Courts Order Entered after Pretrial Conference, 22 ALR2d 599 (1952).

The Case for Submitting Written Instructions to the Jury [N. Carolina], Herman, 39 N. Carolina Sate B.Q. 14, Fall 1992.

Criminal Procedure (Jury Instructions) [California Supreme Court Survey, Jan. - Mar. 1989] 17 Pepperdine L.Rev. 282, Dec. 1989.

Deception -- Dishonesty -- Proper Direction to Jury -- Questions During Retirement -- Duty to Disclose Contents to Counsel [Great Britain] Rees and Smith, Crim.L.Rev. 292, April 1992.

Failure to Comply with Statute, Constitutional Provision, or Court Rule Providing for Giving Instructions to Jury in Writing as Prejudicial or Reversible Error, 115 ALR 1332 and Later Case Service.

Giving, in Accused's Absence, Additional Instruction to Jury after Submission of Felony Case. 94 ALR2d 270, supp sec. 9..

Judicial Misconduct During Jury Deliberations, Gershman, 27 Crim.L. Bull. 291, July-Aug. 1991.

Jury Instructions in the Jury Room?, Wade, 33 For the Defense 28, April 1991.

Necessity for Trial Judge to Make Communications to Jury as a Whole [Great Britain] Starke, 62 Australian L.J. 566, July 1988.

Objections to Instructions: When Does Trial Court's Noncompliance with Requirement of Rule 30, Federal Rules of Criminal Procedure, That Opportunity Shall Be Given to Make Objection to Instructions upon Request, out of Presence of Jury, Constitute Prejudicial Error, 55 ALR Fed 726.

The Place of Primacy in Persuading Jurors: Timing of Judges Instructions and Impact of Opening Statements (Symposium: Making Jury Instructions Comprehensible) [panel discussion], Wrightsman, 8 U. of Bridgeport L.Rev. 279, 1987.

Presence of Alternate Juror in Jury Room as Ground for Reversal of State Criminal Conviction, 15 ALR4th 1127.

Propriety and prejudicial effect, in federal criminal cases, of communications between judge and jury members made in the absence of counsel, regarding the ability of jury members to continue deliberations. 64 ALR Fed 874.

Postretirement Out-of-court Communications Between Jurors and Trial Judge as Grounds for New Trial or Reversal in Criminal Case, 43 ALR4th 410, secs. 2, 17, 53.

Prejudicial effect, in criminal case, of communication between court officials or attendants and jurors, 41 A.L.R.2d 227, supp sec. 16.

Procedure to Be Followed Where Jury Requests Information as to Possibility of Pardon or Parole from Sentence Imposed, 35 ALR2d 769.

Proposed Action: Court's Duty to Inform Counsel of Proposed Action on Requested Instructions under Rule 30 of Federal Rules of Criminal Procedure, 40 ALR Fed 495.

Propriety and Effect of Jurors' Discussion of Evidence among Themselves Before Final Submission of Criminal Case, 21 ALR4th 444.

Propriety and Prejudicial Effect, in Criminal Case, of Placing Jury in Charge of Officer Who Is a Witness in the Case, 38 ALR3d 1012.

Propriety and Prejudicial Effect of Sending Written Instructions with Retiring Jury in Criminal Case, 91 ALR3d 382.

Propriety and Prejudicial Effect of Trial Court's Inquiry as to Numerical Division of Jury, 77 ALR3d 769.

Propriety of Reopening Criminal Case in Order to Present Omitted or Overlooked Evidence, after Submission to Jury but Before Return of Verdict, 87 ALR2d 849.

Propriety, under State Statute or Court Rule, of Substituting State Trial Juror with Alternate after Case Has Been Submitted to Jury, 88 ALR4th 711.

Right to Have Reporter's Notes Read to Jury, 50 ALR2d 176.

Time Jury May Be Kept Together on Disagreement in Criminal Case, 93 ALR2d 627.

"What Do We Do Now?": Helping Juries Apply The Instructions. C.N. May, 28 Loy. L.A. L. Rev. 869-901 April 1995.

Right of Accused to Additional Argument on Matters Covered by Amended or Additional Instructions, 15 ALR2d 490.

The Case for Submitting Written Instructions to the Jury [N. Carolina], Herman, 39 N. Carolina Sate B.Q. 14, Fall 1992.

Deception -- Dishonesty -- Proper Direction to Jury -- Questions During Retirement -- Duty to Disclose Contents to Counsel [Great Britain], Rees and Smith, Crim.L.Rev. 292, April 1992. 

Failure to Comply with Statute, Constitutional Provision, or Court Rule Providing for Giving Instructions to Jury in Writing as Prejudicial or Reversible Error, 115 ALR 1332 and Later Case Service.

Giving, in Accused's Absence, Additional Instruction to Jury after Submission of Felony Case, 94 ALR2d 270.

Judicial Misconduct During Jury Deliberations, Gershman, 27 Crim.L. Bull. 291, July-Aug. 1991.

Jury Instructions in the Jury Room?, Wade, 33 For the Defense 28, April 1991.

Presence of Alternate Juror in Jury Room as Ground for Reversal of State Criminal Conviction, 15 ALR4th 1127.

Postretirement out-of-court Communications Between Jurors and Trial Judge as Grounds for New Trial or Reversal in Criminal Case, 43 ALR4th 410.

Procedure to be Followed Where Jury Requests Information as to Possibility of Pardon or Parole from Sentence Imposed, 35 ALR2d 769.

Propriety and Effect of Jurors' Discussion of Evidence among Themselves Before Final Submission of Criminal Case, 21 ALR4th 444.

Propriety and Prejudicial Effect, in Criminal Case, of Placing Jury in Charge of Officer Who Is a Witness in the Case, 38 ALR3d 1012.

Propriety and Prejudicial Effect of Sending Written Instructions with Retiring Jury in Criminal Case, 91 ALR3d 382.

Propriety and Prejudicial Effect of Trial Court's Inquiry as to Numerical Division of Jury, 77 ALR3d 769.

Propriety of Reopening Criminal Case in Order to Present Omitted or Overlooked Evidence, after Submission to Jury but Before Return of Verdict, 87 ALR2d 849.

Propriety, under State Statute or Court Rule, of Substituting State Trial Juror with Alternate after Case Has Been Submitted to Jury, 88 ALR4th 711.

Right to Have Reporter's Notes Read to Jury, 50 ALR2d 176.

Time Jury May Be Kept Together on Disagreement in Criminal Case, 93 ALR2d 627.

After Lowenfield: The Allen Charge in the Ninth Circuit (Ninth Cir. Survey) Jensen, 19 Golden Gate U.L.Rev. 75, Spring 1989.

How Does the Dynamite Charge Affect Jury Determinations? [case note: U.S. v. Arpan (8th Cir. 1988) 887 F2d 873, 877] Stanton, 35 S. Dakota L.Rev. 461, Fall 1990.

Instructions Urging Dissenting Jurors in State Criminal Case to Give Due Consideration to Opinion of Majority (Allen charge) -- Modern cases, 97 ALR3d 96.

Jury Numerical Division: Propriety and Prejudicial Effect of Trial Court's Inquiry, 77 ALR3d 769.

Modern Status of Rule That Court May Instruct Dissenting Jurors to Give Due Consideration to Opinion of Majority (Allen charge) 44 ALR Fed 468.

Propriety and Prejudicial Effect of Trial Court's Inquiry as to Numerical Division of Jury, 77 ALR3d 769.

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Handling Sympathy in Jury Trials, Practising Law Institute, PLI Order No. H4-5143, March-April, 1993, The Fourth Annual Litigation Management Supercourse, Federation of Insurance and Corporate Counsel, 455 PLI/Lit 37.

Handling Sympathy in Jury Trials, Practising Law Institute, PLI Order No. H4-5128, March-April, 1992, The Third Annual Litigation Management Supercourse, 1992 Federation of Insurance & Corporate Counsel, 432 PLI/Lit 45.

No More Tears: Anti-sympathy Jury Instructions Attempt to Disallow Impulsive Emotion, 66 Denv. U. L. Rev. 645,1989, Fifteenth Annual Tenth Circuit Survey, Miriam S. Mazel.

Sympathy And Legal Judgment: a Psychological Analysis, 65 Tenn. L. Rev. 1, Fall 1997, Neal R. Feigenson.

Sympathy as a Legal Structure, 105 Harv. L. Rev. 1961, June 1992.

Sympathy to Accused as Appropriate Factor in Jury Consideration, 72 ALR3d 842.