Criminal Law

1
Criminal Law Criminal Justice in Action The
Feminist Critique

• How has U.S. criminal law reinforced patriarchy,
  male dominance/privilege,
• and social norms about gender?

2
Feminism

• A long-standing social movement that began in the
  nineteenth century and takes many forms.
• Today key concepts and ideas from feminism
  their application to criminal law/criminal
  justice.

3
Key Concepts Gender

• Gender versus sex
• Common view gender as learned behavior
  (socialization)
• Alternative view gender as myth that perpetuates
  gender inequality.
• Example Rosie the Riveter

4
Key Concepts Patriarchy

• Definition
• Historic role of law in maintaining it
• Domestic violencewas historically treated as
  private affair only recently defined as a
  significant social problem.
• Common law definition of rape a man could not
  rape his wife.
• Perpetuated by U.S. law today?

5
From Patriarchy to Male Privilege

• Patriarchy has weakened considerably in the
  United States.
• Still, as a group, men have more power and
  resources than women.

6
Example Economic Inequality

• In 2003, women were 40 more likely to be poor
  than men.
• Women with a high school diploma were 43 more
  likely than men with a high school diploma to be
  more.
• In 2003, women were 60 more likely to be
  extremely poor than men.
• In 2003, elderly women were 70 more likely to be
  poor than elderly men.

7
Other Manifestations of Gender Inequality

• Double shift
• Absence of affordable/subsidized childcare
• Lack of control over reproduction
• Low levels of political representation

8
Criminal law continues to reinforce traditional
gender roles/inequality.

• Example Status offenses
• Girls are more likely to be arrested and
  incarcerated for "status offenses" than boys.
• Female "status offenders" are treated more
  harshly than either boys or girls who commit
  crimes.
• Domestic violence?

9
The Equality Dilemma

• Feminist theorists formal equality is not
  enough.
• Equal treatment masks substantive inequality
  and can actually hurt women given existing gender
  differences.
• Example pregnancy parental leave.
• A second example self-defense law.
• Developed to regulate feuds/fights between men.
• Imminence is required only equal force is
  justified.
• Is not useful to women who typically need to
  defend themselves for different reasons.

10
Defending Our Lives

• As you watch the film, think about
• How the womens lives are shaped by gender
• How their experience with the criminal justice
  system is shaped by gender.
• How are understandings of self-defense shaped by
  gender.