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Criminal Procedure

2011

Feminism

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Full-Text Articles in Law

Chivalry Is Not Dead: Murder, Gender, And The Death Penalty, Steven Shatz, Naomi Shatz Feb 2011

Chivalry Is Not Dead: Murder, Gender, And The Death Penalty, Steven Shatz, Naomi Shatz

Steven F. Shatz

ABSTRACT Chivalry—that set of values and code of conduct for the medieval knightly class—has long influenced American law, from Supreme Court decisions to substantive criminal law doctrines and the administration of criminal justice. The chivalrous knight was enjoined to seek honor and defend it through violence and, in a society which enforced strict gender roles, to show gallantry toward “ladies” of the same class, except for the women of the knight’s own household, over whom he exercised complete authority. This article explores, for the first time, whether these chivalric values might explain sentencing outcomes in capital cases. The data for …