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Criminal Procedure Commons

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Full-Text Articles in Criminal Procedure

Victim Gender And The Death Penalty, Caisa Royer, Amelia Hritz, Valerie Hans, Theodore Eisenberg, Martin Wells, John Blume, Sheri Lynn Johnson Dec 2014

Victim Gender And The Death Penalty, Caisa Royer, Amelia Hritz, Valerie Hans, Theodore Eisenberg, Martin Wells, John Blume, Sheri Lynn Johnson

John H. Blume

Previous research suggests that cases involving female victims are more likely to result in death sentences. The current study examines possible reasons for this relationship using capital punishment data from the state of Delaware. Death was sought much more for murders of either male or female white victims compared to murders of black male victims. Analyzing capital sentencing hearings in Delaware from 1977-2007 decided by judges or juries, we found that both characteristics of the victims and characteristics of the murders differentiated male and female victim cases. The presence of sexual victimization, the method of killing, the relationship between the …


Justice For Girls: Are We Making Progress?, Francine Sherman Jun 2013

Justice For Girls: Are We Making Progress?, Francine Sherman

Francine T. Sherman

Social expectations that girls behave obediently, modestly, and cautiously result in the detention and incarceration of girls who fight back at home or in intimate relationships and who are victims of sexual exploitation. The structural discrimination that supports detaining and incarcerating girls for violating these norms is both hard to see and hard to challenge. It is often hidden behind outward good will toward girls and legitimate expressions of concern for their vulnerability and possible victimization; and it is facilitated by the many opportunities for multifactored, "best interests" -based discretionary decisions built into the juvenile justice and child welfare systems. …