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Feminist Judgments: Rewritten Criminal Law Opinions

Feminist Judgments: Rewritten Criminal Law Opinions

Author: Bennett Capers; Sarah Deer; Corey Rayburn Yung
Publisher: Cambridge University Press
ISBN: 9781009095976
Published In: December 2022
Format: Paperback
Jurisdiction: ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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'Is it possible to be both a judge and a feminist?' Feminist Judgments: Rewritten Criminal Law Opinions answers that question in the affirmative by re-writing seminal opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defences to the death penalty. Right now, one in three Americans has a criminal record, mass incarceration and over-criminalization are the norm, and our jails cycle through about ten million people each year. At the same time, sexual assaults are rarely prosecuted at all, domestic violence remains pervasive, and the distribution of punishment, and by extension justice, seems not only raced and classed, but also gendered. We have had #MeToo campaigns and #SayHerName campaigns, and yet not enough has changed. How might all of justice look different through a feminist lens. This book answers that question.

Introduction and Overview

Part I. Gendered Justice:

1. McQuirter v. State

Commentary: Grayce Zelphine

Judgment: Cortney Lollar

2. People v. Berry

Commentary: Carolyn B. Ramsey

Judgment: Susan D. Rozelle

3. Coker v. Georgia

Commentary: Catherine M. Grosso and Barbara O'Brien

4. Oliphant v. Suquamish Indian Tribe

Commentary: Adam Crepelle