Women Who Kill Women

This Article examines more closely the participation of mothers-in-law in India’s dowry murders to gain a better understanding of these dynamics and to expose the limits of existing reforms. I first turn to the participation of women in dowry death cases and the ways in which their participation challenges our conventional understanding of patriarchy and societal manifestation. In Part II, I provide an overview of dowry deaths in India. In Part III, I survey the different criminal provisions related to dowry deaths and demonstrate how these laws actually operate within a set of cultural practices that support female subjugation. Part IV presents some theories of why these women participate in killing other women. In Part V, I examine how the courts’ conservative characterizations of the women in these crimes—as perpetrators and as victims—serve to trap women in subordinate roles. Finally, I conclude with some observations for the future

Delinquent or Distracted?: Attention Deficit Disorder and the Construction of the Juvenile Offender

William and Billy, 1 two boys, each 13 years old, appear in juvenile court. Neither has any criminal history. Both are doing poorly in school. Both have been cited for truancy in the past. Both are appearing on assault charges arising out of schoolyard fights. If we could peer into their brains, we would find that both have the same brain chemistry, characteristic of Attention Deficit Hyperactivity Disorder (ADHD). 2 In the end, the court finds one delinquent, and the other merely distracted. The court finds one in need of confinement, and the other in need of care. Two different prescriptions, two different prognoses, but these boys are not really so different. In all material respects, these boys are the same, yet the juvenile justice system, well-intentioned and founded on the principle that every child is deserving of a chance, 3 treats them differently. 4 One, Billy, is Black and poor. The other, William, is White and financially secure. Given the purpose and promise of the juvenile justice system, 5 differences like these are a serious concern. The purpose of this Article is to expose and examine why juvenile courts treat these two youth differently based on a complex mix of race, class, and mental health assessments

Grandma Got Arrested: Police, Excessive Force, and People with Dementia

Recent events have shone a light on the particular vulnerability of people with dementia to police violence. Police are arresting people with dementia and using excessive force to do it—drawing their firearms, deploying tasers, and breaking bones. To date, little attention has been paid to the burgeoning number of people with dementia, one of society’s most vulnerable populations, and their experiences with the criminal justice system. This Article examines how dementia leads people to engage in activity that appears criminal (shoplifting (forgetting to pay), and trespass (wandering), for instance) and the disproportionate response of police. In several cases where people with dementia (PWDs) have committed “crimes” as a result of their condition, police have misread confusion for defiance and used excessive force. These cases display a pattern of police conduct consistent with the “warrior model” of policing—one that undermines the relationship between police and the community, makes police see obvious symptoms of dementia as rebelliousness, and encourages the unnecessary use of force. This model is at odds with how the public sees the role of the police. These cases provide another reason that the “guardian model” of policing should be adopted instead. As with so many other instances of police brutality against marginalized and minority populations, the warrior model contributes to police violence and impedes the adoption of new ways of policing. The calls for police reform should not ignore this population, who not only deserve our particular respect but are also the among the most fragile and vulnerable

Women Who Kill Women

This article focuses on the phenomenon of women who kill women in the context of India’s dowry murders. Killing by females is rare, and killing of other females is rarer still. India’s dowry deaths, where mothers-in-law are, next to husbands, the most accused and convicted, represents a unique opportunity to examine the mechanics around women who kill, especially in the context of a gender violence crime. The article examines both the roots of the dowry system and the current anti-dowry and dowry-violence legislation to demonstrate the implicit and accepted gender inequities within marriage that serve to under gird an overall system of female oppression within the marital relationship. This inequity is understood to be a positive aspect within marriage, but ironically negative within public Indian society. The article then considers various theories of agency and motivation from social science and feminist literature to answer why some women participate in oppressing other women in Indian society. Finally, the article notes some of the ways in which Indian courts are contributing to the oppressive power structure by limiting the application of the anti-dowry and dowry-violence laws

Can I Call Kimura Crazy?: Ethical Tensions in the Cultural Defense

Using the tragic case of Fumiko Kimura as a back drop, the author discusses the impact of culture on defendants and argues for a client-centered approach that considers the client beyond the walls of their legal issue. The author concludes her article with a discussion of legal ethics, advocating for a more well rounded vision of the client that includes both legal and cultural interests

No Women at the Center: The Use of the Canadian Sentencing Circle in Domestic Violence Cases

For Canadian Aboriginal women, domestic violence is pervasive. A report by the Ontario Native Women’s Association indicates that eighty percent of Aboriginal women surveyed had personally experienced family violence. In this context, Rashmi Goel looks at the use of sentencing circles to respond to wrongdoing by Aboriginal people. Current Aboriginal justice initiatives emphasize a return to traditional values and processes, manifested in one way in the sentencing circle. Yet, states Goel, such initiatives fail to restore Aboriginal women to their honored place. Contemporary Canadian sentencing circles exemplify this problem; they further injure victims in several respects. Hence, Goel argues that modern day sentencing circles are unacceptable for use in domestic violence cases. Goel pursues this argument by linking family violence in Aboriginal communities with colonial policies; outlining the dynamics of sentencing circles; focusing on the experience of Aboriginal victims of domestic violence; and suggesting possibilities for modifications of sentencing circles

Grandma Got Arrested: Police, Excessive Force, and People with Dementia

Recent events have shone a light on the particular vulnerability of people with dementia to police violence. Police are arresting people with dementia and using excessive force to do it—drawing their firearms, deploying tasers, and breaking bones. To date, little attention has been paid to the burgeoning number of people with dementia, one of society’s most vulnerable populations, and their experiences with the criminal justice system. This Article examines how dementia leads people to engage in activity that appears criminal (shoplifting (forgetting to pay), and trespass (wandering), for instance) and the disproportionate response of police. In several cases where people with dementia (PWDs) have committed “crimes” as a result of their condition, police have misread confusion for defiance and used excessive force. These cases display a pattern of police conduct consistent with the “warrior model” of policing—one that undermines the relationship between police and the community, makes police see obvious symptoms of dementia as rebelliousness, and encourages the unnecessary use of force. This model is at odds with how the public sees the role of the police. These cases provide another reason that the “guardian model” of policing should be adopted instead. As with so many other instances of police brutality against marginalized and minority populations, the warrior model contributes to police violence and impedes the adoption of new ways of policing. The calls for police reform should not ignore this population, who not only deserve our particular respect but are also the among the most fragile and vulnerable