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Full-Text Articles in Law
Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth
Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth
Scholarly Works
Day after day, across this country, ordinary people are summoned to court for a selection process that ultimately leaves them in a room deciding, with other jurors, whether a criminal defendant should be killed. The task handed to these jurors is an awesome, personal, moral decision, encased within the complex legal standards and procedures that constitute modern capital jurisprudence. The doctrine that created and sustains this moment of conscience reflects an ongoing struggle of rule against uncertainty, reason against emotion, justice against mercy, and thus, at one level, male against female. Capital jurisprudence -- the law for deciding whether to …
Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno
Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno
Faculty Scholarship
This Article attempts to explain some of the disparity in criminality between males and females by analyzing the results of the “Biosocial Study,” one of this country's largest longitudinal studies of biological, psychological, and sociological predictors of crime. Section II analyzes the literature and research on gender differences in crime. Section III describes the Biosocial Study and its results, noting the gender differences in the prevalence and prediction of crime and the inability of any one factor to be a strong predictor of crime. Section IV considers whether gender differences warrant disparate types of punishment or treatment within the criminal …
Recognizing Violence Against Women: Gender And The Hate Crimes Statistics Act, Elizabeth Pendo
Recognizing Violence Against Women: Gender And The Hate Crimes Statistics Act, Elizabeth Pendo
All Faculty Scholarship
This article argues that acts of gender-based violence should be recognized under the Hate Crimes Statistics Act of 1990, and that certain types of violence against women, such as rape, are fundamentally gender-based. Part I examines the existing definition of hate crimes under the HCSA, and the exclusion of the majority of violence against women. Part II suggests gender should be included as a category under the HCSA because of the similar effects of violence directed at women due to gender, and violence directed at members of other groups because of their group identity. Using acquaintance rape as an example, …