NCJ Number
48844
Editor(s)
W L HEPPERLE,
L CRITES
Date Published
1978
Length
250 pages
Annotation
THIS ANTHOLOGY PRESENTS AN EXAMINATION OF THE EXTENT OF COMMITMENT ON THE PART OF THE JUDICIARY TO LIBERATING WOMEN FROM THEIR INFERIOR STATUS IN AMERICAN SOCIETY.
Abstract
THIS EXAMINATION OF THE STATUS OF WOMEN IN THE COURTS IS FACILITATED BY ARTICLES WHICH REVIEW LEGAL CASES INVOLVING WOMEN'S ISSUES AND DISCUSS THE TREATMENT OF WOMEN IN THE COURT SETTING. FEMALE EMPLOYEES, PARTICIPANTS, AND PROFESSIONAL ROLES IN THE TRIAL COURTS ARE DISCUSSED. THE ROLE OF WOMEN AS REPORTERS, CLERKS, BAILIFFS, CRIMINAL DEFENDANTS, DIVORCE AND CUSTODY LITIGANTS, WITNESSES, OBSERVERS, NEWS REPORTERS, JUDGES, AND ATTORNEYS IS NOTED. KEY UNITED STATES SUPREME COURT RULINGS ON SEX DISCRIMINATION, REPRODUCTIVE FREEDOM, AND PREGNANCY ARE REVIEWED. THE RELATIONSHIP BETWEEN THE BURGER COURT AND WOMEN'S RIGHTS BETWEEN 1971 AND 1977 IS EXAMINED, AS THEY RELATE TO LEGAL FICTIONS ABOUT WOMEN; PROCREATION; FEMALE INFERIORITY; MENTAL WEAKNESS; FEMALE ENCAPSULATION IN MARRIAGE AND THE FAMILY; AND THE BURGER COURT OPINIONS REGARDING MATERNITY CASES, THE FATHER-CHILD RELATIONSHIP, THE STATUS OF CHILDREN, SEXUAL EQUALITY, SEXUAL FREEDOM, WOMEN ON WELFARE, AND WOMEN AND DOCTORS. THE ROLE OF WOMEN JUDGES IS ASSESSED, EMPHASIZING THEIR HISTORICAL PRESENCE IN THE JUDICIARY, CONTEMPORARY TOKENISM, SPECIALIZATION AND ISOLATION ON THE BENCH, ACCESS TO THE BENCH, FEMALE REPRESENTATION IN THE COURT STRUCTURE, AND THE FEMINIST ENVIRONMENT. SURVEY FINDINGS RELATING TO WOMEN IN COURT ADMINISTRATION ARE PRESENTED. TABULAR AND GRAPHIC DATA REGARDING PERSONAL AND OCCUPATIONAL HISTORIES, CAREER GOALS, THE TREATMENT AND PERFORMANCE OF WOMEN IN COURT ADMINISTRATION POSITIONS, RESISTANCE TO WOMEN, AND THE EFFECT OF THE WOMEN'S MOVEMENT ARE PROVIDED. THE PRACTICE OF SEXUAL STEREOTYPING IN JURY SELECTION IS DISCUSSED, IN ADDITION TO THE HISTORY OF THE RIGHT TO JURY SERVICE, SEXISM IN THE VOIR DIRE PROCEDURE, AND EMPIRICAL SUPPORT FOR VOIR DIRE STEREOTYPES. CHANGES IN THE DOMESTIC RELATIONS COURT ARE DOCUMENTED; AND, THE HISTORY OF DIVORCE, DIVORCE IN 20TH CENTURY AMERICA, CASELOAD IMPACT, CLIENT ATTITUDES, ATTORNEY ATTITUDES, THE DIFFICULTIES OF PROPERTY DIVISION, THE DIVORCED MOTHER, AND PROBLEMS FACED BY THE OLDER OR WORKING WOMAN ARE DISCUSSED BRIEFLY. THE COURT STATUS OF VICTIMS OF SEXUAL AND WIFE ABUSE, RAPE, CAUTIONARY INSTRUCTIONS, CORROBORATION REQUIREMENTS, THE RESISTANCE STANDARD, WIFE BEATING, AND THE ROLES OF THE CRIMINAL AND CIVIL COURTS ARE ALSO DISCUSSED. FINALLY, THE GENERAL LIMITATIONS OF LAW AND JUSTICE AS THEY RELATE TO WOMEN ARE CONSIDERED. IT IS ARGUED THAT SOCIAL PROBLEMS, SUCH AS WOMEN'S STATUS IN THE COURTS, WILL BE NEITHER UNDERSTOOD NOR RESOLVED, NOR WILL MECHANISMS FOR CHANGE WORK SUCCESSFULLY UNTIL WOMEN'S ROLES ARE VIEWED AS AN INTEGRAL PART OF THE OVERALL SOCIAL PROCESS. A QUESTIONNAIRE FOR COURT ADMINISTRATORS IS APPENDED. REFERENCES ARE PROVIDED. FOR SELECTED ARTICLES, SEE NCJ 48845-48851.