Gender and Our Judicial System Essay

Harlan thus courageously argues that the “separate but equal” doctrine not only violates the fundamental principles of democracy, namely equality and freedom, but also contravenes the U.S.

With the advancement of suffrage to equal pay, over the last century, women’s rights have progressed immensely. Through historic marches and demonstrations across the United States, women protested for their equal place in politics and social progress. Despite the fear-mongering components used in achieving these rights, women’s rights are still thoroughly debated within society today. Over the last century, incredible and unreachable goals have been fulfilled for women, such as the right to vote and a sense of equal state in the “Free World,” and can only improve in the years to come.

In 1921, women were granted suffrage, but suffragists were still hungry for more. Knowing that the right to vote would not eliminate sex discrimination in America, Alice Paul wrote the Equal Rights Amendment to step closer to equality. After half a century of struggle, women in America are still fighting for rights that men were given to when they were born. Even though women are just as intelligent, capable and hardworking as men, if not more, they are not considered an equal under the U.S. Constitution. Can you believe that today, in the 21st century, we still degrade women and treat them as inferiors to men? Can you believe that just because you are a woman, you are less than equal to the male population? Look around you, all those boys and girls are not equal to each other under our “just” country’s laws. As it is long overdue, the Equal Rights Amendment should be ratified because there is no other amendment that talks about sex discrimination, it would eliminate any inequality in regards to sex, and it would make the judicial stance on sex discrimination cases much clearer.

of citizens of the United States; nor shall any State deprive any person of life, liberty,

     By expounding on our rights as individuals, we have directed the progress of this nation’s growth. Our past was shaped

     All persons born or naturalized in the United States, and subject to      the      jurisdiction thereof, are citizens of the United States and of the State      wherein they      reside. No State shall make or enforce any law which shall abridge      the privileges or immunities of citizens of the United States; nor shall any State      deprive any      person of life, liberty, or property, without due process of law; nor      deny to any      person within its jurisdiction the equal protection of the laws      (http://www.house.gov/Constitution/Amend.html ).

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property,

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the

still lag behind men, we need an Equal Rights Amendment more than ever (Hennessey 3). The real issue, claim some supporters, is the "right to bodily integrity, and without this basic right, women can have no true freedom" (NOW 2). Legal sex discrimination is not a thing of the past, and the progress of the last forty years is not irreversible without the protection of an amendment (Francis 1).Feminist claim that "The ERA's most valuable effect would be the psychological victory it would provide women" (Steiner 35). Women are underpaid in the workforce, required to pay higher insurance premiums and are half as likely as men to get pensions (NOW 4). Supporter of the Equal Rights Amendment remind us of a traditional assumption, ‘Men hold rights and women must prove that they hold them" (Francis 2). Supporter claim amazement that, "Even in the twenty first century, the United States Constitution does not explicitly guarantee that all the rights it protects are held equally by all citizens" (Francis 4). Supporters of the Equal Rights Amendment believe that "unless we put into the Constitution the bedrock principle that equality of rights cannot be denied or abridged on account of sex, the political and judicial victories women have achieved with their blood, sweat and tears for the past two

The United States criminal justice system, an outwardly fair organization of integrity and justice, is a perfect example of a seemingly equal situation, which turns out to be anything but for women. The policies imposed in the criminal justice system affect men and women in extremely dissimilar manners. I plan to examine how gender intersects with the understanding of crime and the criminal justice system. Gender plays a significant role in understanding who commits what types of crimes, why they do so, who is most often victimized, and how the criminal justice system responds to these victims and offenders. In order to understand the current state of women and the way in which gender relates to crime and criminal justice, it is first

In this paper, I will discuss a number of topics regarding woman and the Supreme Court from historical precedents to objective research to the importance of female judges and Justices and finally to the possibilities of the future. Each of these steps is vital to fully understanding how we got to our country’s current place in female jurisprudence and creating future opportunities for women both on the Supreme Court and in all other levels of the judicial system across the United States.

Females are increasingly becoming more active in the juvenile justice system and this is said to be happening at alarming rates. It is important to learn more about why and how girls commit crimes so that we may also attempt intervention in an effective manner to prevent potential offenders and rehabilitate the girls who have already committed offenses. The Office of Juvenile Justice and Delinquency Prevention has produced a report that includes a review of how these girls are getting into these situations, how states are dealing with this population of offenders, the national efforts that have taken place to attempt to address the needs of the adolescent female offender including training for individuals who work with these females and

It would be foolish to assert that gender plays no role in the criminal justice system, just as it would be equally foolish to say that race plays no role in this system either. Covington and Bloom cite the work of Kivel (1992) in reminding all that "Where sexism is prevalent, one of the gender dynamics frequently found is that something declared genderless or gender neutral is, in fact, male oriented. The same phenomenon occurs in terms of race in a racist society, where the term "race neutral" generally means white" (2003). The criminal justice system reflects the needs of men and the values of men in a highly patriarchal society; the issue becomes more complicated when some scholars argue that women should fight for equal rights in all areas of life, including the criminal justice system, arguing that while equal treatment might hurt women in the short run, in the long run, it's the best policy for women (Covington & Bloom, 2003). On the other hand, opposing groups argue that women are inherently different from men and that insisting on equality will always create a situation where women lose out (Covington & Bloom, 2003). This debate creates an uncertain situation about how women should be treated in the criminal justice system and whether gender should play a role accounting for differential treatment.

They are also instruments for enforcing those values” (Sapiro, 2003, p. 285). The law and policies of the United States do reflect this country’s gender norms. In the beginning of this country’s history women were not even thought of as citizens. The passage of the Fourteenth Amendment in 1868, and its determining that no citizen should have his privileges or immunities abridged did not apply to women. In the 19th century women could not vote, own property, or even hold a job unless their husbands allowed them to do so. With women in such a beleaguered state there certainly would be no representation for them in the laws and policies of the land. The best a woman could aspire to would be to raise her sons to be productive citizens, thereby contributing to the “republican motherhood.” However, even though women were not yet recognized by the government they were still fighting for their rights and slowly they began to win them. Once women earned the right to vote in 1920 when Congress ratified the Nineteenth Amendment, they began even more strongly to seek change. As a result of their struggle, laws and policies began to change to reflect the growing idea of equality for women. In 1963 the Equal Pay Act was put into action allowing women to make equal money for equal work, along with Title VII of the Civil Rights Act, barring sex discrimination in hiring, firing, promotions, and working conditions. The Education Act of 1972 barred

Feminist jurisprudence is a complicated legal theory that covers an extensive range of issues affecting women. Feminist jurisprudence rose to prominence in the 1960’s while critical theory flourished in the late 1980’s and early 1990’s. Both movements provide a comprehensive and thorough analysis of the relationship that exists between law, women, and people of minority. Both critical race theory and feminist jurisprudence highlight how the law is the embodiment of the interests of the most powerful persons in any society (Culver 211). According to feminists, the law and legal concepts reflect an exclusively male or patriarchal view of the world. Two central themes are nearly agreed upon by all feminists. The belief that all male dominated institutions should be rejected and for effective and rapid reform to be introduced to amend existing laws and in the ways