Contextualizing the Different Voice: Women,Occupational Goals,and Legal Education*

Essentialist views reporting the existence of distinct gender differences have received much criticism. Despite these critiques, there is little empirical research on the limitations of these approaches in institutions such as law schools. While studies of legal education have been informed by gender difference theory, few have sought to contextualize difference. This study examines gender difference among students attending Harvard Law School. Using survey and interview data, this study demonstrates that difference is mediated by such variables as occupational goals, social class, and race. Implications of differences among women are discussed as they relate to reforms in legal education.     

CASTE,CLASS, AND VIOLENT CRIME: EXPLAINING DIFFERENCE IN FEMALE OFFENDING*

During the past decade, criminological research has targeted gender as an important discriminator of criminal participation and persistence. Yet, the research question too often contrasts the criminality of males and females without taking into account key differences among female populations. In this paper, race and class combine to produce uniquely situated populations of females (e.g., “underclass” black females) who, when compared with their gender and racial counterparts, also appear to have unique patterns of criminality. Using the extant literature, black female violent crime is juxtaposed against that of white females and black males in order to show how crime varies across groups and the potential sources of those differences. Three theoretical perspectives (neo-Marxian, powercontrol, and socialist-feminist theory) are reviewed and evaluated for their intragender/racial inclusivity. Directions for further empirical research and theoretical development are suggested. Class-oppressed men, whether they are white or black, have privileges afforded them as men in a sexist society. Similarly, class-oppressed whites, whether they are men or women, have privileges afforded them as whites in racist society… . Those who are poor, black, and female have all the forces of classism, racism, and sexism bearing down on them (Mantsios, 1988:66–67).     

DOING GENDER: SORTING OUT THE CASTE AND CRIME CONUNDRUM*

Theories that examine the relationship between inequality and crime typically privilege one system of stratification over others. In criminology, the system most often assumed to be primary is social class, but other approaches may emphasize gender or racial oppression to account for observed differences in offending patterns. Few, however, systematically link gender and race oppression as moderating etiological variables in the study of crime. From the theoretical and empirical literature on this subject, we discuss (1) how “hegemonic” masculinities and femininities are framed within social institutions such as work, the family, peer group, and schools; (2) how “doing gender” within these sites is modified by race; and (3) anticipated relationships among social structure, social action, and delinquency. Self-report data from the National Longitudinal Survey of Youth are used to test research hypotheses. Chow interaction tests and comparisons of slope coefficients reveal that gender and race modify independent-variable effects on property and violent delinquency.     

什么是法学研究——民法学习的一点体会

研究生学习阶段的学习目标最为重要的是什么呢 ?我认为就是“研究” ,就是要把法律的概念、原则甚至体系拿来研讨 ,区别它的科学与谬误、正义与非正义 ,因此 ,这个阶段的学习不是当收音机 ,不只是接收他人的观点 ,而是要自主分析、积极讨论 ,提出自己的观点 ,其核心就是“研究”。     

Exploring Justitia Through Éowyn and Niobe: On Gender,Race and the Legal

The image of Lady Justice, a white woman, sometimes appearing with her eyes veiled and other times unveiled, at times bearing scales and/or a sword in her hands, still is a common and popular feature of legal culture in many parts of the world. This is an image of justice that is found everywhere, from courthouses to cartoons. However, one may ask: “Who is this woman?”; Is she really a worthy representative of justice?; Or even a commendable representative of women? Thus, in this article, it is proposed to question the image of Lady Justice and the interpretations that have been associated with it, as well as the standards of conduct required of, and imposed upon, women both inside and outside the legal profession. The article will consider a range of arguments related to such questions, particularly on the issues of gender and race, by using two female characters: Éowyn (from Tolkien’s The Lord of the Rings) and Niobe (from the Wachowskis’s The Matrix). The two characters are women who have some significance in both plots. Through them, I will establish some similarities and differences with Justitia, namely the need to be disguised as men or embrace male attitudes (a similar process concerning women in the legal profession, for example); the use of weapons (specifically, the sword, and, hence, the necessary analysis of women as law breakers, in contradiction to the image of Justitia); and finally some key issues relating to the representation of women of colour.     

Juror Perceptions of the Legitimacy of Legal Authorities and Decision Making in Criminal Cases

Literature on trust in legal authorities and institutions demonstrates that trust affects individual behavior, yet there is little research on whether attitudes toward legal authorities such as the police or courts influence juror behavior as a third party assessing evidence and determining legal outcomes for others. Additionally, the literature on juror decision making confirms that juror race is an important predictor of juror decisions, but explanations for differences among racial groups are not clear. Since minority groups hold less favorable attitudes toward legal authorities generally, legitimacy theory may help explain racial differences in decision making among jurors. Using data from nearly 2,000 jurors in felony trials, this research utilizes multilevel modeling techniques to find that jurors' trust in legal authorities is related to juror outcomes, though the effect of juror trust and confidence in the police is opposite that of juror trust and confidence in the courts. Additionally, juror race conditions the effect of trust in police and courts. Trust is a stronger predictor of both perceptions of evidence and voting for black jurors than it is for white jurors.     

Exploring a Research Agenda of the Feminization of the Legal Profession: Theories of Gender and Social Change

This essay suggests that recent work in feminist theory should reorient the questions that are asked about the role of gender in the legal profession. Some use gender as a category of analysis to explore differences that reinforce conventional gendered stereotypes, such as the conceptualization of work and family in lawyering as a "women's issue." Others use conventional sociology of the professions analysis, such as stratification, to measure women's "success" and "satisfaction" in the context of the traditional law firm. By focusing on some recent historical and sociological research on women in the legal and medical professions, the author illustrates how we might ask different questions, not to reify gender differences but to more fully examine the role that gender difference, as socially constructed, might play in the transformation of law practice.     

Reflections of African-American Women on their Careers in Urban Policing. Their Experiences of Racial and Sexual Discrimination

This article examines the social organizational relationships and interactions that position African-American policewomen as outsiders within their own department. Their exclusion arises not only from dominant white males but from other subordinated groups such as white female and black male officers. The authors found persistent and pervasive patterns of sexual and racial discrimination. This qualitative research is based on data obtained from a population of all 21 black female police officers in a large urban city. The work experiences of black women in policing highlight several problematic areas. These women often experience gender discrimination related to professional abilities, job performance, and supervisory responsibilities. They experience racism in the form of derogatory remarks, and in the areas of hiring and promotion. Their marginality based on gender and race also is readily apparent in relationships among officers.     

UNDERSTANDING THE INFLUENCE OF VICTIM GENDER IN DEATH PENALTY CASES: THE IMPORTANCE OF VICTIM RACE,SEX‐RELATED VICTIMIZATION,AND JURY DECISION MAKING*

Using data from the Baldus, Woodworth, and Pulaski (1990) study of Georgia's death penalty system, we examine the influence of victim gender in death penalty cases. Furthermore, to improve our understanding of the meaning of victim gender, we consider 1) the joint effects of victim gender and victim race, 2) victimization characteristics that might explain victim gender effects, and 3) the impact of victim gender at different decision‐making stages in the death penalty case process. We find that both victim gender and race are associated with death sentencing outcomes and that an examination of the joint effects of victim gender and race reveals considerable differences in the likelihood of receiving a death sentence between the most disparate victim race–gender groups. In particular, it seems that black male victim cases are set apart from all others in terms of leniency afforded to defendants. We also show that the effect of victim gender is explained largely by gender differences in the sexual nature of some homicides. An examination of prosecutorial and jury decision making reveals that although victim gender has little impact on prosecutorial decisions, it has a meaningful impact on jury decisions.     

GENDER,RACE, AND HABITUAL OFFENDER SENTENCING IN FLORIDA*

This study explores the effects of race and gender on habitual offender sentencing in Florida. The sample consists of 1,103 female offenders admitted to the Florida Department of Corrections in fiscal year 1992–1993 who were eligible for sentencing under the habitual offender statute. Controlling for prior record, crime seriousness, crime type, and sentencing county contextual variables through logistic regression analysis, defendant race was found to be a relevant and statistically significant factor in the enhanced sentencing of female offenders. This factor was most noticeable with black female drug offenders and under structural contexts that were “high,” i.e., the percent of the population black, drug arrest rates, and violent crime rates. The race effects found with this sample of female offenders were often stronger than those in the Crawford et al. 1998 study of 9,960 eligible male offenders in Florida. The relevance of these findings is discussed.     

Legal Mobilization and Analogical Legal Framing: Feminist Litigators’ Use of Race–Gender Analogies

We investigate how cause lawyers articulate their demands in court. We do so by examining feminist legal briefs submitted in US Supreme Court cases from 1970 to the present, specifically focusing on the use of race–gender analogical legal framing. We explore the frequency and trends in the use of such arguments as well as the forms these arguments take, including how race–gender analogies parallel frame bridging and transformation. Additionally, we also investigate why activists choose to deploy race–gender analogies in their legal framing and discern that different political, legal, and social contexts can produce different uses of the race–gender analogy.     

Gender and Race Differences in Delinquent Careers

Abstract Studies of delinquent careers have often tracked only male offenders, and have almost always failed to explore the interaction of race and gender in delinquency. This study tracks a cohort of youth whose first referral to juvenile court was in 1980, and explores the role played by both race and gender in official delinquent careers. Findings reveal that both race and gender play a significant role in official delinquency. Looking first at female delinquency, this research finds that white and nonwhite females do not differ significantly in the types of offenses they commit. Moreover, if girls are “chronic” delinquents, their offenses are most often trivial rather than serious. With males, racial differences emerge in both seriousness and chronic nature of delinquency. Nonwhite males in this cohort are more likely to be referred for personal offenses and less likely to be referred for public order and victimless offenses. Nonwhite males are also significantly more likely to become recidivists, and to have more seriously delinquent careers. This article discusses the implications of these findings, particularly with reference to the “convergence theory” of delinquency, which suggests that race plays a stronger role than gender in female delinquency. Finally, the article considers the policy implications of the current range of definitions of “chronic” delinquency.     

Does Racial Balance in Workforce Representation Yield Equal Justice? Race Relations of Sentencing in Federal Court Organizations*

Increasing racial and ethnic group representation in justice‐related occupations is considered a potential remedy to racial inequality in justice administration, including sentencing disparity. Studies to date yield little evidence of such an effect; however, research limitations may account for the mixed and limited evidence of the significance of justice workforce racial diversity. Specifically, few studies consider group‐level dynamics of race and representation, thus failing to contextualize racial group power relations in justice administration. To consider these contextual dynamics we combine court organizational and case‐level data from 89 federal districts and use hierarchical models to assess whether variably “representative” work groups relate to district‐level differences in sentencing. Using district‐specific indexes of population and work group dissimilarity to define representation, we find no relationships between black judge representation and sentencing in general across districts, but that districts with more black representation among prosecutors are significantly less likely to sentence defendants to terms of imprisonment. We also find in districts with increased black representation among prosecutors, and to a lesser degree among judges, that black defendants are less likely to be imprisoned and white defendants are more likely to be imprisoned, with the effect of narrowing black‐white disparities in sentencing. Consistent with the “power‐threat” perspective, and perhaps “implicit racial bias” research, findings encourage modeling diversity to account for relative racial group power in processes of social control and suggest that racial justice may be moderately advanced by equal representation among authorities.     

“The times have changed,the dope has changed”: Women's cooking roles and gender performances in shake methamphetamine markets*

Drug markets are typically portrayed as male dominated, with men occupying the higher positions and women fulfilling the lower positions. Yet, the results of recent work highlight how women's participation and experiences in drug economies varies by the structure and organization of the specific market. We focus on the shake‐and‐bake (“shake”) methamphetamine (meth) market, which seems to have emerged mainly in response to legal attempts to curtail methamphetamine production. We explore how women adapt to structural changes and how they perform gender to navigate a market in which the focus is on personal consumption instead of on monetary gain. By relying on semistructured interviews with 40 women who cooked meth, we identify the gendered strategies they adopt and how these coincide with their position in the drug market. Cooking roles took three forms (partner, lead, and team), and each role was characterized by distinct patterns of gender performance and autonomy (emphasized femininity, matriarchal control, and gender neutral). We show that certain market conditions allow for increased participation among women in meth manufacturing. Yet, even within favorable conditions, variability remains in women's positions and gender performances. The findings highlight the role of organizational and legal context in shaping both the roles women adopt in drug markets and the ways they perform gender.     

Bad cops

Research Summary Police scholars and public policymakers throughout generations have sought to identify reliable correlates of police misconduct. Despite these efforts, general statements as to the etiology and epidemiology of police misconduct remain inconclusive, in part because of the inconsistent definitions of misconduct and the difficulty of obtaining the data required to make such statements. This research attempts to fill these gaps through a comparison of the personal and career histories of all 1,543 officers who were involuntarily separated from the New York City Police Department (NYPD) for cause during 1975–1996 with a randomly selected sample of their police academy classmates who served honorably. The study uses confidential NYPD files as its major data sources, which include extensive biographical and career information. The study finds that career‐ending misconduct rarely occurs in the NYPD and that the types of misconduct do not match well with existing definitions. Several factors emerge as significant predictors of misconduct, including officer race, minimal education, records of prior criminality and prior poor employment, failure to advance in the NYPD, and histories of citizen complaints. Policy Implications This study shows that existing definitions of police misconduct are difficult to apply to actual cases of police malpractice, which leads the authors to create a new eight‐category classification scheme. The rarity of misconduct, especially on‐duty abuse, confirms prior research indicating that most police officers do their jobs without engaging in serious malpractice. These findings suggest that the NYPD has become better behaved as it has become more diverse along race and gender dimensions and that the link between black officers and misconduct might be explained by persistent “tokenism.” The findings related to race have important implications for continued efforts to build racially representative police departments. Personal history findings highlight the importance of conducting background investigations that disqualify candidates with arrest records and employment disciplinary histories, whereas the inverse relationship between college education and misconduct provides strong support for continued emphasis on pre‐ and post‐employment educational requirements.     

RACE,RACIAL THREAT,AND SENTENCING OF HABITUAL OFFENDERS*

As legislatures proliferate novel “enhancements” to criminal sentencing, such as “three-strikes” and related provisions, and as criminologists debate their effects, the role of existing enhancements, such as habitual offender statutes, has received little empirical attention. This article explores the effect of race in the decision to prosecute and sentence eligible defendants as “habitual” offenders. During FY 1992–93, 9,690 males admitted to prison in Florida were statutorily eligible (two prior felony convictions or one prior violent felony conviction) for sentencing as “habitual” offenders. Approximately 20% received that disposition. They will serve at least 75% of their enhanced sentence as compared with the state average of about 40%. Logistic regression, controlling for prior record, crime seriousness, and other relevant factors, shows a significant and substantial race effect. The disadvantage of black defendants is particularly strong for drug offenses and for property crimes that have relatively high victimization rates for whites (larceny, burglary). Race is less consequential for violent and weapons-related crimes. Race effects are more often significant in sentencing contexts that are low in terms of percent black, racial income inequality, drug arrest rates, and violent crime rates. The relevance of these findings for a “racial threat” interpretation of sentencing outcomes is discussed.     

Queer Contestations and the Future of a Critical “Queer” Criminology

It is intuitive to include critical criminologists in early conversations about “queering” criminology given that the paradigms and methods of critical criminology can be employed to challenge subordination and inequality in its several dimensions. The first part (and main focus) of this article problematizes this intuition, which is easy to accept at face value, by reflecting backwards and explaining how early influential critical criminological views perpetuated damaging stereotypes and representations of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people as sexual deviants. The second part reflects forward, and discusses the difficulties of carving a space in the discipline for critical queer perspectives. Drawing on critical and critical race theories, this article advocates a relational, intersectional approach to conceptualize sexual orientation and gender identity in criminological theory and research. This approach considers the connections among sexual orientation or gender identity and other differences (e.g., race, ethnicity, nationality, religion, class, gender, etc.) without assuming or attaching fixed meanings to those differences.     

ACTIVIST CRIMINOLOGY: CRIMINOLOGISTS’ RESPONSIBILITY TO ADVOCATE FOR SOCIAL AND LEGAL JUSTICE

Similar to many criminologists, my interest in pursuing this career was driven by a desire to improve responses to injustices, on both small and large scales. I believe that among criminologists, this dedication to effect changes in social and legal justice disproportionately drives those of us historically kept out of the academy due to our race, gender, class, sexual identity, and/or other marginalizations. Fortunately, there is a growing diversity among criminologists and this has had a powerful impact on expanding the scope and depth of the field. At the same time, I am concerned that academic training and university climates frequently work against our commitment to advancing social and legal justice changes, what I refer to as “criminology activism.” This address is a call to action, stressing criminologists’ responsibility to advocate for social and legal justice on small and large scales. Numerous types of criminology activism are identified (e.g., in research, service, and teaching), including the requisite to continue diversifying the representation of criminologists.     

Gender Differences in Officer Attitude and Behavior

Abstract

Historically, research on gender differences in police work has focused on whether women can “hold their own” in the male-dominated profession of policing. This body of research has undergone a shift from examining whether women can do the job, to how women do the job differently. This topic is intertwined with the increased use of community policing and recognition of the importance of officers having strong “people” skills and the ability to work with citizens. This paper focuses on how male and female officers respond to citizens differently in terms of providing comfort. Results from this analysis indicate that neither officer attitude nor behavior is dictated by officer sex. Rather, other important variables interact with sex to explain attitude and behavior. In addition, situational factors are most important in determining officer behavior. Officer attitude about citizens is not related to officers providing comfort to citizens.     

The intersection of race and gender: an examination of sentencing outcomes in North Carolina

This study examines the intersection of offenders’ race and gender in the sentencing process using data on felony cases sentenced in North Carolina. Analyses examine the likelihood that charges were reduced in severity between initial filing and conviction, the likelihood of imprisonment, and the length of sentence imposed, and test whether race affects punishment similarly for men and women. Results indicate that status characteristics predict both reductions in charge severity and the severity of the final sentence, and that racial disparity is conditional on gender. However, the results are not entirely consistent with predictions derived from the extant literature. Gender significantly predicts case outcomes at each stage, but black men were not uniformly disadvantaged, and black women received the least severe treatment in two out of four analyses. Theoretical implications for the intersection of race and gender in sentencing theories are discussed.