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- Creators: School of Politics and Global Studies
In the last decade, California’s imprisoned population of women has increased by nearly 400% (Chesney-Lind, 2012). The focus of this thesis is to discuss the treatment—or lack thereof—of women within California’s criminal justice system and sentencing laws. By exploring its historical approach to two criminal actions related to women, the Three Strikes law (including non-violent drug crimes) and the absence of laws accounting for experiences of female victims of domestic violence who killed their abusers, I explore how California’s criminal code has marginalized women, and present a summary of the adverse effects brought about by the gender invisibility that is endemic within sentencing policies and practice. I also discuss recent attempted and successful reforms related to these issues, which evidence a shift toward social dialogue on sentencing aiming to address gender inequity in the sentencing code. These reforms were the result of activism; organizations, academics and individuals successfully raised awareness regarding excessive and undue sentencing of women and compelled action by the legislature.
By method of a feminist analysis of these histories, I explore these two pertinent issues in California; both are related to women who, under harsh sentencing laws, were incarcerated under the state’s male-focused legislation. Responses to the inequalities found in these laws included attempts toward both visibility for women and reform related to sentencing. I analyze the ontology of sentencing reform as it relates to activism in order to discuss the implications of further criminal code legislation, as well as the implications of the 2012 reforms in practice. Through the paper, I focus upon how women have become a target of arrest and long sentences not because they are strategically arrested to equalize their representation behind bars, but because the “tough on crime” framework in the criminal code cast a wide and fixed net that incarcerated increasingly more women following the codification of both mandatory minimums and a male-oriented approach to sentencing (Chesney-Lind et. al, 2012).
The right to cast a meaningful vote, equal in value to other votes, is a fundamental tenet US elections. Despite the 1964 Supreme Court decision formally establishing the one person, one vote principle as a legal requirement of elections, our democracy consistently falls short of it. With mechanisms including the winner-take-all format in the Electoral College, disproportioned geographic allocation of senators, extreme partisan gerrymandering in the House of Representatives, and first-past-the-post elections, many voters experience severe vote dilution. <br/><br/>In order to legitimize our democratic structures, American elections should be reformed so every person’s vote has equal weight, ensuring that the election outcomes reflect the will of the people. Altering the current election structure to include more proportional structures including rank choice voting and population-based representation, will result in a democracy more compatible with the one person, one vote principle.
Descriptive representation is important to building and maintaining a fair court system, especially within a context of historical oppression by race or gender. Using official government biographies, voter rolls, news articles, and press releases, I collected demographic information on the judges of Arizona and compared it to Census data, to show how under representative the state courts of Arizona currently are. Through the use of non-attorney judges, the Justice Court of Arizona has become the most representative level of the state court. Almost all of the BIPOC judges of the Justice Court are not attorneys. Allowing non-attorney Justices of the Peace has made it possible for the court to be more representative of Arizonans. However, even though it is the most representative state court, the Justice Court vastly under represents women and BIPOC as judges. As racial tension and movements for fairness under the law increase, it is important to challenge how the courts could better serve Arizona.