WOMEN AND THE CRIMINAL JUSTICE SYSTEM

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WOMEN AND THE CRIMINAL JUSTICE SYSTEM

• T, TH 1100 1215
• Asst. Prof. Catherine K. Eloranto
• Office 303M
• Office Hours M, W-F 1000 - 1100 am
• T 230 - 330

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Women and the Law

• Men have debated, legislated, taught and
  interpreted the law. The virtual exclusion of
  women from lawmaking and legal policy-making
  permitted, over time, the incorporation within
  the law of values and perspectives belonging to
  men.

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Remember the Ladies

• in the new code of laws which I suppose it will
  be necessary for you to make, I desire you would
  remember the ladies and be more generous and
  favorable to them than your ancestors. Do not
  put such unlimited power into the hands of the
  husbands. Remember, all men would be tyrants if
  they could. If particular care and attention is
  not paid to the ladies we are determined to
  foment a rebellion, and will not hold ourselves
  bound by any laws in which we have no voice or
  representation.

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Reply

• As to your extraordinary code of laws, I cannot
  but laugh. We have been told that our struggle
  has loosened the bonds of government everywhere
  that children and apprentices were disobedient
  that schools and colleges were grown turbulent
  that Indians slighted their guardians and Negroes
  grew insolent to their masters. But your letter
  was the first intimation that another tribe, more
  numerous and powerful than all the rest, were
  grown discontent.

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Response

• I cannot say that I think you are very generous
  to the ladies for, whilst you are proclaiming
  peace and good-will to men, emancipating all
  nations, you insist upon retaining an absolute
  power over wives. But you must remember that
  arbitrary power is like most other things which
  are very hard, very liable to be broken and ,
  notwithstanding all your wise laws and maxims, we
  have in our power, not only to free ourselves,
  but to subdue our masters, and , without
  violence, throw your natural and legal authority
  at our feet.

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Seneca Falls, New York

• 1848
• Convention--began first organized feminist
  movement
  
• Focus on property rights and suffrage

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History of Women and the Legal System

• Oberlin College--first to admit women-1833
• Elizabeth Blackwell--first woman to get a medical
  degree in 1849
  
• Bradwell v. Illinois
• 1860 Married Womens Property Act
• Minor v. Happersett
• Right to work?
• Right to serve on juries

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Suspect Classification

• Compelling state interest
• Gender is a quasi-suspect classification
• Difference between compelling state interest and
  rational basis