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Criminal Law

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Crime

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The Troubling Alliance Between Feminism And Policing, Aya Gruber Jan 2020

The Troubling Alliance Between Feminism And Policing, Aya Gruber

Publications

No abstract provided.


Leniency As A Miscarriage Of Race And Gender Justice, Aya Gruber Jan 2013

Leniency As A Miscarriage Of Race And Gender Justice, Aya Gruber

Publications

No abstract provided.


¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin Jan 2011

¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin

Publications

At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's immigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …


Rape, Feminism, And The War On Crime, Aya Gruber Jan 2009

Rape, Feminism, And The War On Crime, Aya Gruber

Publications

Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced mixed results. Sexual assault laws that adopt prevailing views of criminality and victimhood, such as predator laws, enjoy great popularity. However, reforms that target the difficulties of date rape prosecutions and seek to counter gender norms, such as rape shield and affirmative consent laws, are controversial, sporadically-implemented, …


The Feminist War On Crime, Aya Gruber Jan 2007

The Feminist War On Crime, Aya Gruber

Publications

One of the most celebrated successes of the feminist movement is its lasting impact on domestic violence criminal laws. Today, society has moved from discourse characterizing domestic abuse as legitimate or merely a private problem to a belief that battering is a heinous crime, more egregious than garden-variety assault. I know all too well how far the pendulum has swung, having practiced as a public defender in the District of Columbia domestic violence system. Day after day, prosecutors proceeded with cases against the wishes of victims, resulting in the mass incarceration of young black men. Could this have been the …