NCJ Number
5272
Date Published
1969
Length
321 pages
Annotation
DETAILED ANALYSIS OF SEX-BASED LEGAL INEQUALITIES IN BOTH THE CIVIL AND CRIMINAL SPHERES.
Abstract
THE OLD COMMON LAW APHORISM THAT HUSBAND AND WIFE ARE ONE PERSON AND THAT PERSON IS THE HUSBAND HAS FOUND ITS WAY INTO MOST SUBSTANTIVE LAW. WOMEN HAVE HISTORICALLY RECEIVED DIFFERENTIAL TREATMENT BECAUSE OF THEIR SEX, OFTEN TO THEIR BENEFIT. AN INCREASING SELF-AWARENESS BY WOMEN AND THE ENACTMENT OF TITLE VII OF THE 1964 CIVIL RIGHTS ACT MAKE AN EXAMINATION OF THIS FIELD IMPERATIVE FOR ADMINISTRATORS AND PRACTITIONER IN THE FIELD OF CRIMINAL JUSTICE. THE FEMALE OFFENDER RECEIVES SUBSTANTIALLY DIFFERENT TREATMENT BY POLICE, COURTS AND CORRECTIONAL INSTITUTIONS. THE COMMON LAW VIEW THAT A HUSBAND AND WIFE COULD NOT CONSPIRE TO COMMIT A CRIMINAL ACT SINCE THEY WERE, ONE PERSON, IS BEING CHALLENGED. THE COURTS ARE EXAMINING THE VALIDITY OF THE COMMON LAW PRESUMPTION THAT A WIFE WHO COMMITS A CRIME WITH HER HUSBAND HAS BEEN COERCED AND IS NOT CRIMINALLY RESPONSIBLE. WOMEN CAN NO LONGER BE SYSTEMATICALLY EXCLUDED FROM JURY SERVICE AND THE LEGALITY OF SPECIAL EXEMPTIONS FOR PROSPECTIVE WOMEN JURORS MAY SOON BE TESTED. THE APPENDICES INCLUDE TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 AND EXECUTIVE ORDER 11246 DETAILING GOVERNMENT POLICY ON EQUAL EMPLOYMENT OPPORTUNITY.