Full Description
'Is it possible to be both a judge and a feminist?' Feminist Judgments: Rewritten Criminal Law Opinions answers that question in the affirmative by re-writing seminal opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defences to the death penalty. Right now, one in three Americans has a criminal record, mass incarceration and over-criminalization are the norm, and our jails cycle through about ten million people each year. At the same time, sexual assaults are rarely prosecuted at all, domestic violence remains pervasive, and the distribution of punishment, and by extension justice, seems not only raced and classed, but also gendered. We have had #MeToo campaigns and #SayHerName campaigns, and yet not enough has changed. How might all of justice look different through a feminist lens. This book answers that question.
Contents
Introduction and Overview; Part I. Gendered Justice: 1. McQuirter v. State; Commentary: Grayce Zelphine; Judgment: Cortney Lollar; 2. People v. Berry; Commentary: Carolyn B. Ramsey; Judgment: Susan D. Rozelle; 3. Coker v. Georgia; Commentary: Catherine M. Grosso and Barbara O'Brien; 4. Oliphant v. Suquamish Indian Tribe; Commentary: Adam Crepelle; Judgment: Melissa L. Tatum; 5. State v. Rusk; Commentary: JoAnne Sweeny: Judgement Michelle J. Anderson; 6. People v. Wu; Commentary: John Felipe Acevedo; Judgment: Leti Volpp; 7. Winnebago Tribe of Nebraska v. Bigfire; Commentary: Anne E. Tweedy; Judgment: Sarah Deer; 8. Commonwealth v. Blache; Commentary: Marie-Amélie George; Judgement: Ben A. McJunkin; Part II. Gender on Trial; 9. State v. Williams; Commentary: Kim Hai Pearson; Judgment: Addie C. Rolnick; 10. State v. Walden; Commentary: Lisa R. Avalos; Judgement: Sarah L. Swan; 11. State v. Norman; Commentary: Joan H. Krause; Judgment: Martha R. Mahoney; 12. Whitner v. State; Commentary: Ruqaiijah Yearby; Judgment: Aziza Ahmed; 13. United States v. Nwoye; Commentary: Sherri Lee Keene; Judgment: Mary D. Fan; 14. Erotic Services Provider Legal Education and Research Project v. Gascon; Commentary: Aya Gruber and Kate Mogulescu; Judgment: I. India Thusi.