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10 results

Feminist Judgments: Rewritten Criminal Law Opinions
  • Feminist Judgments: Rewritten Criminal Law Opinions
  • Edited by Bennett Capers, Sarah Deer, Corey Rayburn Yung
  • Published online: 01 December 2022
  • Print publication: 15 December 2022
  • View description
    '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.
  • NATIVE PEOPLE AND VIOLENT CRIME: Gendered Violence and Tribal Jurisdiction
  • Sarah Deer
  • Journal: Du Bois Review: Social Science Research on Race / Volume 15 / Issue 1 / Spring 2018
  • Published online by Cambridge University Press: 15 May 2018, pp. 89-106
  • Print publication: Spring 2018
  • View abstract

    Exciting changes are happening in criminal jurisdiction in Indian country at the national level. Due in large part to activism on the part of Native women, Congress has attempted to improve criminal justice on tribal lands. The reforms do not go far enough, however, and many of the recent legal changes have not yet been challenged in the federal courts. This article will preview many of the legal issues likely to ignite a firestorm of litigation and lobbying around issues of crime in Indian country. This article will also wrestle with the difficult question of whether tribal nations should adopt or sustain the typical carceral law and order model used by Anglo-American governments. In an effort to take advantage of the changes in federal law, tribal nations are explicitly required to comply with certain Anglo-American norms. The risks and rewards of such adherence will also be explored.