Women in the Courts

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WCJ13WomeninCJcourtsvictimservicesacademics.ppt

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WOMEN IN LAW, VICTIM ADVOCACY AND ACADEMIA

CJA 3700

WCJ 13

EARLY HISTORY OF WOMEN AT LAW

1638 – MARGARET BRENT – EXECUTOR OF THE ESTATE OF LORD CALVERT (GOVERNOR OF THE MARYLAND COLONY)
WOMEN IN THE U.S. WERE ONCE PROHIBITED FROM ATTENDING LAW SCHOOL AND ADMISSION TO BAR ASSOCIATIONS.
WHEN THEY COULD ATTEND, THEY WERE OFTEN DENIED ADMISSION TO THE BAR AND TO PRACTICE LAW – HAD TO PETITION THE COURT FOR RIGHTS
ARABELLA BABB MANSFIELD WAS ADMITTED TO THE IOWA STATE BAR IN 1869.
1872, CHARLOTTE E. RAY, FIRST BLACK WOMAN ADMITTED TO BAR FOR D.C. – PLACED C.E. AS INITIALS ON BAR APPLICATION – WAS MISTAKEN FOR A MAN AND ADMITTED

ADDITIONAL NOTABLE WOMEN

BELVA ANN LOCKWOOD – LOBBIED FOR ANTIDISCRIMINATION BILL SO MEN AND WOMEN COULD PRACTICE LAW IN FEDERAL COURT. CONGRESS PASSED; SIGNED BY PRESIDENT HAYES IN 1879
FIRST WOMAN TO PRACTICE LAW BEFORE U.S. SUPREME COURT
MARY FLORENCE LATHROP, 1ST WOMAN ADMITTED TO ABA IN 1918
IN 1870 ADA KEPLEY, A SUFFRAGIST, BECAME THE FIRST FEMALE LAW SCHOOL GRADUATE IN THE U.S.
FIRST WOMAN JUSTICE OF THE PEACE SAT ON THE BENCH IN 1890, BUT IT TOOK 89 YEARS (1979) TO GET THAT ACCOMPLISHED IN ALL 50 STATES

EARLY HISTORY OF WOMEN AT LAW

HISTORY

INHOSPITABLE ENVIRONMENT WITHIN THE CLASSROOM
RARELY CALLED ON
WHEN CALLED ON, PURPOSEFULLY QUESTIONED ABOUT OFFENSES THAT WOULD EMBARRASS THEM (RAPE CASES)
COMMON STATEMENTS INCLUDED: “BETTER GO BACK TO THE KITCHEN”

LADIES’ DAYS

LADIES’ DAYS – SEE EXCERPT HANDOUT

In what year do you think this was stated?

LADIES’ DAYS – SEE EXCERPT HANDOUT

GLOBAL PERSPECTIVE

MAIN OBJECTION

“THE LAW WAS AND CONTINUES TO BE “CONSTRUCTED AS MALE” (I.E., PRESUMED TO BE RATIONAL, LOGICAL, DISPASSIONATE, OBJECTIVE, PROFESSIONAL, INTIMIDATING AND DEMANDING), WHILE WOMEN ARE PRESUMED TO LACK THESE QUALITIES” MARTIN AND JURIK, 2007, P. 111

CHANGE…

NEED FOR LAWYERS PUSHED ABILITY OF PRACTICING LAWYERS TO THE LIMIT IN THE 1960S…MORE PEOPLE NEEDED

NUMBER OF NEW LAWYERS TRAINED IN MID-1980S WAS 3X GREATER THAN 1960

IN 1972, PASSAGE OF TITLE IX OF THE HIGHER EDUCATION ACT OPENED DOORS TO LAW SCHOOL ADMITTANCE FOR WOMEN

LAWSUITS AGAINST FIRMS DISCRIMINATING AGAINST FEMALE LAWYERS

TODAY

2009-2010: FEMALES MADE UP NEARLY HALF OF LAW SCHOOL ENTRANTS (47.1% IN 2009-2010 PER THE ABA)
FEMALES COMPRISE THE MAJORITY OF LAW CLERK POSITIONS (51%)
“AN ASSISTANT TO A JUDGE, TYPICALLY A RECENT LAW-SCHOOL GRADUATE, WHOSE FUNCTION IS TO DO LEGAL RESEARCH, HELP WRITE OPINIONS, AND PROVIDE GENERAL ASSISTANCE.”
FEMALE LAW FACULTY – 54.6% AND HOLD APPROXIMATELY 60-70% OF ASSISTANT/ASSOCIATE DEAN OF VICE DEAN/DIRECTOR POSITIONS IN LAW SCHOOLS. LESS LIKELY TO BE DEANS/DIRECTORS (26.9%)
HOWEVER – ONLY 34% OF PRACTICING ATTORNEYS NATIONWIDE ARE FEMALE
18% OF FORTUNE 500 ATTORNEYS ARE WOMEN

WOMEN IN LAW SCHOOL

LAW SCHOOL ADMINISTRATION

JUDICIAL CLERKSHIPS

FEDERAL COURT JUDGES

STATE COURT

FACTORS AFFECTING APPOINTMENT TO JUDICIARY

NONPARTISAN ELECTIONS
BLUE STATES HAVE MORE WOMEN JUDGES
PRESENCE/PROPORTION OF WOMEN ATTORNEYS IN THE STATE INFLUENCES PRESENCE OF FEMALE JUDGES IN TRIAL COURTS
APPELLATE LEVEL:
MORE SEATS AVAILABLE, MORE WOMEN
FEMALE ATTORNEYS INCREASE…
MERIT SELECTION PROCESS

CORPORATE WOMEN LAWYERS

CHALLENGES

DIFFERENCES IN PAY
75% OF MEN’S SALARIES ACCORDING TO BUREAU OF LABOR STATISTICS AND ABA
ALL ELSE BEING EQUAL (LAW SCHOOL, WORK EXPERIENCE, ETC.)
DENIAL FOR PROMOTION AND PARTNERSHIP
OFTEN HANDED SOCIAL SERVICE, LOWER PROFILE CASES
CHALLENGES OF BALANCING FAMILY LIFE AND CAREER

SALARY

MORE RECENTLY (AS OF JULY 2014)

DECISION MAKING

SOME SUPPORT THAT MALE AND FEMALE JUDGES MAY DECIDE DIFFERENTLY
SIMPLE ASSAULT – FEMALES WERE HARSHER IN SENTENCING AND LESS LIKELY TO AWARD CIVIL DAMAGES
HOWEVER, WHEN DAMAGES AWARDED, FEMALES AWARDED SIGNIFICANTLY HIGHER AMOUNTS OF MONEY

DECISION MAKING

FEMALES TEND TO BE HARSHER IN SENTENCING OVERALL
LIKELIHOOD OF PRISON INCREASED BY 10%
LENGTH OF SENTENCES INCREASED BY 5+ YEARS
MOSTLY PROPERTY AND REPEAT OFFENDERS
EMPLOYMENT DISCRIMINATION
FEMALE JUDGES MORE LIKELY TO DECIDED IN FAVOR OF THE VICTIM

DECISION MAKING

SUPREME COURT LEVEL
DEATH PENALTY AND OBSCENITY CASES DECIDED MORE LIBERALLY
PRESENCE OF WOMEN ALSO INFLUENCED DECISIONS OF MALE JUDGES (MORE LIBERAL)

VICTIM ADVOCACY & ACADEMIA

VICTIM ADVOCACY, ACADEMIA
WOMEN’S MOVEMENT
GRASSROOTS MOVEMENTS
RAPE CRISIS CENTERS
DOMESTIC VIOLENCE SHELTERS
VOLUNTEER STAFFED
NATIONAL ORGANIZATION FOR VICTIM ASSISTANCE CREATED IN 1975

HISTORY OF VICTIM ADVOCACY

1960S AND 1970S SOCIAL MOVEMENTS CONTRIBUTED TO GRASSROOTS EFFORTS TO FOCUS ON VIOLENCE AGAINST WOMEN
IN THE 1970S THE UNITED STATES AND BRITAIN SAW THE CREATION OF THE FIRST WOMEN’S DOMESTIC VIOLENCE SHELTERS AND ADVOCACY AGENCIES AND RAPE CRISIS CENTERS, OFTEN STAFF SOLELY OR PREDOMINANTLY BY VOLUNTEERS.
IN THE 1980S ADDITIONAL ORGANIZATIONS WERE CREATED TO FOCUS ATTENTION ON MURDERED CHILDREN (PARENTS OF MURDERED CHILDREN) AND HOMICIDE SURVIVORS OF VICTIMS OF DRUNK-DRIVING FATALITIES (MOTHERS AGAINST DRUNK DRIVING).

WHAT IS A VICTIM ADVOCATE?

A VICTIM ADVOCATE IS SOMEONE WHO IS TRAINED TO PROVIDE SUPPORT TO VICTIMS.

WHAT IS A VICTIM ADVOCATE? CONT…

INFORMATION AND EDUCATION

VICTIMS MAY BE VERY UNFAMILIAR WITH THE CRIMINAL JUSTICE SYSTEM AND MAY SIMPLY NEED INFORMATION ON NEXT STEPS AND WHO TO CONTACT WITHIN THE SYSTEM ITSELF
EDUCATIONAL WORKSHOPS ARE PROVIDED TO A VARIETY OF AUDIENCES OFTENTIMES TO INFORM INDIVIDUALS ABOUT WHAT IT MEANS TO BE A CRIME VICTIM, WHAT CONSTITUTES VICTIMIZATION, HOW TO STOP OR PREVENT VICTIMIZATION, AND HOW TO WORK WITH CRIME VICTIMS.

DIRECT ADVOCACY

DIRECT ADVOCACY INCLUDES ANY SERVICE PROVIDED TO VICTIMS THAT WILL ASSIST THEM WITH PLANNING, LOGISTICS, HOUSING, FINANCES (INCLUDING PROVIDING ASSISTANCE WITH FILING FOR VICTIM COMPENSATION WHEN ELIGIBLE), TRANSPORTATION, FINDING CARE GIVERS, REFERRALS TO OTHER AGENCIES, AND OTHER CASE MANAGEMENT TYPE ACTIVITIES

ACCOMPANIMENT AND COMPANIONSHIP

VICTIMS MAY NEED ACCOMPANIMENT AND/OR COMPANIONSHIP IN BOTH MEDICAL AND LEGAL SYSTEMS. FOR INSTANCE, RAPE CRISIS CENTERS GENERALLY PROVIDE EMERGENCY ROOM COMPANIONSHIP FOR VICTIMS WHO ARE BEING PHYSICALLY EXAMINED BY MEDICAL STAFF FOLLOWING A SEXUAL ASSAULT OR RAPE.

EMOTIONAL SUPPORT

EMOTIONAL SUPPORT COMES IN MANY SHAPES AND FORMS IN VICTIM ADVOCACY AGENCIES, INCLUDING 24-HOUR CRISIS HOTLINES, INDIVIDUAL COUNSELING (WITH A LICENSED THERAPIST OR SOCIAL WORKER), GROUP COUNSELING, AND SUPPORT GROUPS (BOTH GENERAL AND THERAPEUTIC)

SAFETY ASSESSMENT/CRISIS INTERVENTION

CRIME PREVENTION, SUCH AS DISCUSSING THE PHYSICAL ENVIRONMENT AND ASSESSING A HOUSEHOLD AND OTHER PHYSICAL SETTINGS FOR PROPER LOCKS AND SECURITY, (CAMERAS, ALARM SYSTEMS, AND OTHER SECURITY MEASURES), DISCUSSING WAYS TO PREVENT FUTURE REVICTIMIZATION FROM BOTH STRANGERS AND FAMILIARS, AND PERHAPS EVEN MOVING TO A NEW LOCATION.

UTILIZATION OF VICTIM ADVOCACY SERVICES

IMPACT OF FAMILY AND FRIENDS

MOST VICTIMS DO NOT USE VICTIM SERVICES BECAUSE THEY RELY ON FAMILY, FRIENDS, AND NEIGHBORS TO PROVIDE THEM WITH THE ASSISTANCE THEY NEED TO COPE WITH AND RECOVER FROM VICTIMIZATIONS.
THE PERCEPTIONS OF FRIENDS, FAMILY, AND OTHERS OF THE CRIME VICTIM CAN STRONGLY CONTRIBUTE TO THE OVERALL RECOVERY OF VICTIMS

WHEN IT BECOMES TOO MUCH

COMPASSION FATIGUE, VICARIOUS TRAUMA, AND BURNOUT
EMOTIONAL EXHAUSTION
DEPERSONALIZATION AND WITHDRAWAL
REDUCED PERSONAL ACCOMPLISHMENT

CHALLENGES FACED BY VICTIM ADVOCACY AGENCIES

THERE ARE THREE MAIN CHALLENGES FACED BY VICTIM ADVOCACY AGENCIES IF THEY WANT TO INCREASE THEIR CLIENT BASE AND GARNER HIGHER SATISFACTION RATES
FIRST, VICTIM ADVOCACY AGENCIES ARE GOING TO NEED TO DO A BETTER JOB MARKETING THEIR AGENCIES AND EDUCATING THE PUBLIC ABOUT WHAT SERVICES THEY OFFER
SECOND, VICTIM ADVOCACY AGENCIES WILL NEED TO LISTEN MORE ACUTELY TO WHAT VICTIMS ACTUALLY NEED AND BROADEN THEIR PROGRAMS TO INCLUDE THOSE SERVICES, AND PERHAPS DISMISS OTHERS.
FINALLY, THE AGENCIES NEED TO HAVE LARGER STAFFS TO BE ABLE TO ASSIST ALL THE VICTIMS THAT DO NEED THEM AND TO BE SURE THAT THE STAFF WHO ARE EMPLOYED HAVE THE PROPER EDUCATION, TRAINING, AND SKILLS NEEDED TO BEST SERVE VICTIMS OVERALL

FEMALES IN CJ/CRIM ACADEMIA

AMERICAN SOCIETY OF CRIMINOLOGY FIRST SAW PANELS ON WOMEN AND CRIME IN 1975 (WHEN IT WAS 34 YEARS OLD)
SOME QUESTIONED IF IT WAS NECESSARY
INCREASE IN UNDERSTANDING ABOUT EXPLANATIONS FOR FEMALE CRIME AND IMPACT OF VICTIMIZATION
TODAY 16% OF PANELS FOCUS ON WOMEN’S ISSUES
57% OF CJ/CRIM DOCTORAL STUDENTS ARE WOMEN
CHALLENGES PERSISTING: TAKEN SERIOUSLY; “TYPECAST”; FORMAL ADDRESS; COMPETENCY AS ADMINISTRATORS
STRENGTHS: ROLE MODELS; FILLS OUT A FACULTY – MULTIPLE PERSPECTIVES AND AREAS OF SPECIALTY

WOMEN JUDGES

ABOUT 22% AT FEDERAL LEVEL

SANDRA DAY O’CONNOR – 1ST WOMAN ON U.S. SUPREME COURT (1981); GRADUATED 3RD IN CLASS FROM STANFORD LAW SCHOOL IN 1952

DENIED INTERVIEWS AT OVER 40 LAW FIRMS DUE TO GENDER

FIRST JOB OFFER – LEGAL SECRETARY

FOUND EMPLOYMENT AS DEPUTY COUNTY ATTORNEY AFTER VOLUNTEERING TO EARN NO SALARY – SHARED OFFICE SPACE WITH OFFICE SECRETARY

RUTH BADER GINSBURG APPOINTED IN 1993

TURNED DOWN FOR A U.S.S.C. CLERKSHIP IN 1960 DUE TO HER GENDER

AMERICAN BAR ASSOCIATION (ABA) (2011, JANUARY). A CURRENT GLANCE AT WOMEN IN THE LAW. RETRIEVED FROM HTTP://WWW. AMERICANBAR.ORG

WOMEN JUDGES

SONIA SOTOMAYOR 2009 – 1ST WOMAN OF COLOR ON U.S.S.C.
ELENA KAGAN 2010
AMY CONEY BARRETT - 2020