Tuesday, January 14, 2014
Dan Subotnik, Touro College, Jacob D. Fuchsberg Law Center, has published The Duke Rape Case Five Years Later: Lessons for the Academy, the Media, and the Criminal Justice System at 45 Akron Law Review 883 (2012). Here is the abstract.
This article takes a closer look at the Duke Rape Case by analyzing the book Institutional Failures, a collection of essays that testifies to the immense damage wrought by the failure of three systems of control: the University, by failing to protect its students from a mob demanding quick justice; the media, when it reflexively bought the narrative of pampered white students run amok; and the criminal justice system, when it failed to accord the defendants the basic protections offered by North Carolina rules of criminal procedure. The author aims to clarify the contribution this book makes to an understanding of the case. The author describes and analyzes the content of the nine essays that make up the book, refers to related works, and offers a concluding evaluation of the book's likely impact. Then, using the analysis of this book as a base, the author develops his own analysis of the roots and significance of the Duke Rape case; thus revealing lessons to be learned from the failure of these institutions.
Download the article from SSRN at the link.