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2011 Conference Program (PDF) - Syracuse University College of Law

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identification techniques. What would a good criminal defense attorney in Max's shoes,<br />

or a good prosecutor in Buckley's shoes, do today in the trial <strong>of</strong> a contemporary Bigger<br />

Thomas<br />

John E. Stannard<br />

Godly Jealousy, Righteous Anger and Loss <strong>of</strong> Self-Control<br />

The focus <strong>of</strong> this paper is the perceived boundary between ‘good’ and ‘bad’ emotions,<br />

and the way in which it is reflected in the common law defence <strong>of</strong> loss <strong>of</strong> self-control in<br />

cases <strong>of</strong> murder. Jealousy and anger are now <strong>of</strong>ten seen in negative terms, but this<br />

contrasts with an older notion seen in the Bible and other literature, whereby such<br />

emotions can be both righteous and justified. Similarly, modern English law no longer<br />

allows the defendant in a murder case to rely on loss <strong>of</strong> self-control triggered by sexual<br />

infidelity, in contrast to the traditional doctrine where the finding <strong>of</strong> a wife in adultery<br />

was one <strong>of</strong> the few factors, short <strong>of</strong> a physical attack, that would allow the defence to be<br />

raised. The paper seeks to explore the parallels between these two developments, the aim<br />

being to cast light on the broader relationship between emotion and criminal culpability.<br />

Andrea Stone<br />

‘The Ignominious Cord’: Executing the Enemy in 18th-Century African American Print<br />

The 1797 “Address <strong>of</strong> Abraham Johnstone, A Black Man, Who Was Hanged at<br />

Woodbury…New Jersey” implicitly questions the distinction between ‘enemy’ and<br />

‘criminal,’ which the new government was meant to secure; it fashions the narrator as<br />

simultaneously both and neither. From the confines <strong>of</strong> prison on the eve <strong>of</strong> his execution<br />

for murder, Johnstone hybridizes the popular print genres <strong>of</strong> the execution sermon and<br />

criminal’s dying words and casts the republic as a (necro)political order — its subjects as<br />

much in bondage as when under imperial governance. More than a critique <strong>of</strong> republican<br />

ideals and an exhortation undermining U.S. institutions <strong>of</strong> government, law, and slavery,<br />

Johnstone’s work is also — if not more — a project <strong>of</strong> construction, <strong>of</strong> community and<br />

self-creation, just as he is about to die. The paper explores the relation between print<br />

representations <strong>of</strong> wrongful prosecution, actual execution, and the project <strong>of</strong> belonging<br />

and becoming.<br />

5.1 Leaving Arizona: Human Smuggling, Border Walls, and SB 1070. How Arizona is leaving human<br />

rights behind and why the boycott <strong>of</strong> Arizona will not stop<br />

Nicholas Daniel Natividad<br />

Violence to the spirit: border walls and the separation <strong>of</strong> people<br />

On June 12, 1987 United States President Ronald Reagan gave a speech at the<br />

Brandenburg Gate in West Berlin, Germany. The speech was aimed to bring attention to<br />

the divisive nature <strong>of</strong> the Berlin Wall. President Reagan’s speech referenced the human<br />

rights violations the wall created for all humans who have the “right to travel.” He<br />

described how the checkpoints, armed guards, barbed wire, and closed gates questioned<br />

“freedom for all mankind” and therefore the wall is a clear indication <strong>of</strong> “the will <strong>of</strong> a<br />

totalitarian state.” On October 26, 2006 United States President George W. Bush signed<br />

the Secure Fence Act approving construction <strong>of</strong> a 700-mile border fence to be built along<br />

the U.S.-Mexico border. Bush stated during the signing “the bill will help protect the<br />

American people…we are the modernizing the southern border <strong>of</strong> the U.S.” This<br />

presentation examines the racialized history <strong>of</strong> U.S. immigration laws and its relation to<br />

current political ideological propaganda and justification for border walls, immigration<br />

laws, and imprisonment <strong>of</strong> undocumented workers in Arizona. It seeks to uncover how<br />

Arizona has become a racist and totalitarian state.<br />

!<br />

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