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Articles 1 - 24 of 24
Full-Text Articles in Law and Gender
Women Rebuilding Their Lives Post Incarceration: The Obstacles Of Housing And Employment, Sydney Ward
Women Rebuilding Their Lives Post Incarceration: The Obstacles Of Housing And Employment, Sydney Ward
English Undergraduate Honors Theses
According to a report from The Sentencing Project, "the female incarcerated population stands nearly five times higher than in 1980" and this trend has continued, which means that "at the national level, 47 out of every 100,000 women were in prison in 2020" (“Incarcerated Women and Girls.”). This means that women are leaving prison and beginning their reentry process into society every day, which is much easier said than done. With this reentry process, there are various barriers that each woman must overcome to reestablish their lives. When women are released from incarceration, the first thing they must do is …
Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor
Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor
CMC Senior Theses
Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …
Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb
Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb
Senior Projects Spring 2023
This is a beginning look at the relationship the state has with women's sexuality in the United States, specifically looking at how virginity animate the way rape trials are prosecuted.
Legal Representation For Complainants Of Sexual Violence In The Criminal Justice System: A Proposal To Advance Women's Equality, Karen M. Bellehumeur
Legal Representation For Complainants Of Sexual Violence In The Criminal Justice System: A Proposal To Advance Women's Equality, Karen M. Bellehumeur
Electronic Thesis and Dissertation Repository
Very few survivors of sexual violence choose to engage the Canadian criminal justice system despite the fact that we expect law to be an effective tool to combat sexual violence. Since the vast majority of sexual violence survivors are female, the criminal justice system is failing women. This failure is largely because of the harm it causes by re-victimizing sexual assault complainants. Much of that harm arises from misunderstandings about trauma and from the existence of rape myths and gender stereotypes.. I argue that the criminal justice system’s treatment of female sexual violence complainants violates their section 7 and 15 …
Who Are You Protecting?: A Feminist Analysis Of Gay And Trans Panic Defense Bans, How They Are Defined, And Who They Protect, Tyler S. Sesker
Who Are You Protecting?: A Feminist Analysis Of Gay And Trans Panic Defense Bans, How They Are Defined, And Who They Protect, Tyler S. Sesker
Undergraduate Honors Theses
As of April 2022, sixteen U.S. states ban Gay panic and Trans panic criminal defenses. These state-law prohibitions stemmed from several high-profile murder trials, focusing on the identity of the decedent, including the killings of Matthew Shepard and Latisha King. Between 1970 and 2020, criminal defenses interrogating the gender identity or sexual identity of victims of violence were used at least 104 times, with nearly a third of those cases resulting in reduced criminal charges and penalties. Today, in thirty-four states, the same tactics remain legal. Applying a feminist and outsider legal lens, this study engages in a textual analysis …
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Pitzer Senior Theses
This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …
The Violence Against Women's Act: From The Criminalization Of Domestic Violence Through Modern Political Challenges, Carrie Anderson
The Violence Against Women's Act: From The Criminalization Of Domestic Violence Through Modern Political Challenges, Carrie Anderson
Theses/Capstones/Creative Projects
The Violence Against Women’s Act, or VAWA, is a landmark piece of federal legislation to combat domestic violence in the United States. It passed in 1994 following various state efforts to stop intimate partner violence. Broad federal legislation was needed to end domestic violence because of the unique nature of the crime including the strong connection between victims and perpetrators, the vast scale of the problem, and the reoccurring nature of domestic violence (Fagan, p. 28-29, 1996). VAWA has been expanded through reauthorization efforts in 2000, 2005, and 2013. Reform efforts have focused on increasing protections for victims especially focusing …
Complex Relationships: Public Policy And Law Solutions To Rebalance The Confrontation Clause, Evidence-Based Intimate-Partner Violence Prosecution, And Public And Private Violence After The Resurrection Of Roberts, Kira Eidson
Senior Theses and Projects
Following the Supreme Court’s 2004 decision in Crawford v. Washington, tensions between the Sixth Amendment Confrontation Clause and evidence-based prosecution of intimate-partner violence increased. In consequence, the Court forged a path of Constitutional jurisprudence which has weakened the power of the Confrontation Clause, reverted to a disguised reliability test reminiscent of Ohio v. Roberts, and diminished the rights of the accused. Simultaneously, these rulings have created a hierarchy where the severity of private, domestic violence is regarded as a lower level of emergency than public violence. Consequently, the Supreme Court’s primary purpose test for testimonial statements should be …
It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey
It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey
Scripps Senior Theses
Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.
Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei
Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei
Master of Laws Research Papers Repository
Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that solitary …
How Defendant Characteristics Affect Sentencing And Conviction In The Us, Payton Kuenzli
How Defendant Characteristics Affect Sentencing And Conviction In The Us, Payton Kuenzli
Honors Undergraduate Theses
This research study analyzes whether or not there is any relationship between sentencing and conviction and certain defendant characteristics in the US legal system. In the midst of a time where the nation is strongly divided politically, the topic is often the center of research projects and discussions in academic journals. Specifically, this research explores the 3 characteristics- race, gender, and socioeconomic status. Within this article, multiple case studies from other journals are cited in which research and experiments have suggested that these factors do have influence on both whether or not a defendant gets convicted or for how long …
Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson
Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson
Capstone Collection
In 1860, British colonizers codified Section 377 into the Indian Penal Code. 377 is an anti-sodomy law based on Victorian/Judeo-Christian values which criminalizes homosexuality through judicial interpretation and the manipulation of ambiguous language. On August 15th, 2017, India celebrated 70 years of independence from British control, yet 377 still exerts oppressive control over the safety and freedom of Indian LGBTQI communities. Defining queerness as perversion has caused LGBTQI individuals to become victims of false accusations, blackmail, harassment, housing and workplace discrimination, familial rejection, forced “conversion therapy”, assault, rape, torture, and even murder because of this power imbalance and …
Swaying The Jury: The Effect Of Expert Witness Testimony On Jury Verdicts In Rape Trials, Christina E. Ball
Swaying The Jury: The Effect Of Expert Witness Testimony On Jury Verdicts In Rape Trials, Christina E. Ball
Senior Capstone Theses
With the reliance on rape myths to form opinions towards rape victims, the use of expert witnesses is of increased importance. Rape myths may give jurors misinformed notions about why, how, or to whom rape happens. This indicates a need for educational expert testimony in rape jury trials. It is proposed the use of this testimony will help dispel these myths and social biases towards victims of rape. This paper explores the need for expert witness testimony and the relationship between expert witness and jury. It discusses what type of testimony may be presented and who qualifies as an expert. …
Police And Gangs: Undergraduates’ Perceptions Of The Similarities And Differences, Seroyah Williams
Police And Gangs: Undergraduates’ Perceptions Of The Similarities And Differences, Seroyah Williams
Honors College Theses
Police have been said to be the largest gang in America with badges. With recent events occurring throughout the United States, including police shootings of unarmed citizens, some may say that the police have shown various characteristics similar to those of gangs. Does the public also view officers, in general, in the same perspective? Surveys were administered to a large class of Georgia Southern University students to acquire their perceptions of both the police and gangs. Each student listed characteristics of the police and gangs, their opinion, and different ways those perceptions have been formed. The data collected revealed more …
Examining The Relationship Between Physical And Sexual Abuse And Mental Illnesses Among Female Inmates: Revising The Mental Health Care Process In Prisons, Josie Klepper
Undergraduate Honors Theses
Females are becoming a prominent population within America’s correctional facilities, which has led to incarcerated females increasingly becoming the popular subjects of more recent research. Along with the growing population of female inmates, the rates of sexual and physical victimization reported by incarcerated females is rapidly growing. The purpose of this project is to evaluate the pre-established correlation between mental health diagnoses, and the prior physical and/or sexual abuse of female inmates within the custody of correctional institutions, outline the current treatment process, and devise a revision of the treatment process in order to improve the future of mental health …
The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman
The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman
Senior Projects Spring 2016
The legal advancements made by western feminists from the 1960s continuing today mark a distinct shift for both the women's movement and mainstream radical feminist philosophy. This project examines the unintended consequences of the rise of the international women's movement as American feminists brought the law to bear as the primary instrument for reform to eradicate rape and violence against women. As contemporary political scholars demonstrate, legal remediation further codifies gender inequality and protective tropes that sexualize women's injury. Chapter 2 and 3 examines the intensified feminist efforts to criminalize domestic abuse at an international level, first at the United …
The Influence Of Emotion On Memory For A Crime, Taylor Langley
The Influence Of Emotion On Memory For A Crime, Taylor Langley
Electronic Theses and Dissertations
Researchers have reported errors in recall or recognition of witnessed events, accounting for the most common cause of false convictions of innocent people. Tiwari (2010) indicated that 25% of suspects who were identified in a line-up were actually innocent. Jurors are strongly influenced by eyewitness testimony and this can lead to false convictions. The validity of eyewitness identification is critical in cases in which it is used as evidence. In the current study we examined specific emotion states by inducing fear, surprise, and neutral moods. We hypothesized that participants in the Fear group would be least susceptible to the effects …
Human Trafficking In Maine: Protection, Prevention, And Prosecution: The Need For A Stand-Alone Statute, Laura M. Cyr
Human Trafficking In Maine: Protection, Prevention, And Prosecution: The Need For A Stand-Alone Statute, Laura M. Cyr
Muskie School Capstones and Dissertations
The United States enacted the Trafficking Victims Protection Act (TVPA) of 2000 to combat the crime of organized firms engaging in the trafficking of humans. The TVPA has resulted in competing definitions and competing agendas which contribute of a public misunderstanding of the nature and scope of human trafficking as a domestic policy issue. Early goals of protection of victims, prevention of future trafficking crimes, and prosecution of traffickers have not been met with empirically driven success. This paper outlines obstacles facing evidence-based legislation in the state of Maine which currently has no stand- alone law protecting victims of sex …
Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson
Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson
Chancellor’s Honors Program Projects
No abstract provided.
When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming
When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming
Departmental Honors Projects
Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …
Feminicidios En Cd. Juárez: Sombras Del Evanescente Olvido; Luces De Lucha, Fuerza Y Resistencia, Amber Ramirez
Feminicidios En Cd. Juárez: Sombras Del Evanescente Olvido; Luces De Lucha, Fuerza Y Resistencia, Amber Ramirez
Honors Theses
Desde principios de los años noventa, mujeres y niñas en Cd. Juárez, Chihuahua, México han sido raptadas de día y de noche mientras se dirigen al trabajo, a sus casas, o a la escuela. Después de días, semanas y a veces hasta años, muchas han sido encontradas brutalmente asesinadas, calcinadas, mutiladas, violadas y torturadas; sus cuerpos han sido abandonados para luego ser localizados completamente desnudos o parcialmente vestidos, en completo estado de descomposición o solamente en huesos en las calles en las zonas desérticas de Cd. Juárez. El paradero de muchas otras mujeres y niñas aún se desconoce y a …
Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle
Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle
CMC Senior Theses
Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …
Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig
Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig
PhD Dissertations
This thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian …
Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon
Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon
LLM Theses
This thesis examines the issue of gender equality in the Canadian criminal justice system. It dissects two specific issues, the disclosure of a sexual assault complainant's therapeutic or counselling records and the prosecution of domestic assault charges. Within these two issues it is argued that the criminal justice system has failed to treat female victims of violent crime fairly and equally. Moreover, it is suggested that this failure is anchored in a neglect of the appreciation of the unique gender issues connected to these matters within a contextual framework. With regards to the disclosure issue, a fundamental tenet, the presumption …