WOMEN AND CRIME

UNIT ONEHISTORICAL DEVELOPMENT

EIGHTEENTH CENTURY1776 Abigail Adams

Wife of John Adams “remember the ladies”

(husband president-was drafting constitution)

Constitution does not include the word woman

Declaration of Independence (all men created equal)

Women not included in principle/concept

American Constitution founded on English law Women not recognized citizens Women did not have legal rights Women considered as property Women did not have right to vote

FIRST FEMINIST MOVEMENT 1848-Seneca Falls, New York

Marked beginnings of first organized feminist movement

Brought attention to the patriarchal rule of men over women Patriarchal-male dominance

FIRST MOVEMENT CONT’D Brought attention to inequality

between genders in criminal justice system

Focus of !848 meeting Property and suffrage Adopted on Declaration of

Independence (see page 5)

LEGAL SYSTEM

Focus of Seneca Falls Property rights established by

Blackstone (legal scholar) 19th Century Laws

Husband had right to utilize corporal discipline

LEGAL SYSTEM CONTD

RULE OF THUMB LAW Husband could hit wife with object no

larger than (wider) than thumb Federal Equal Rights Amendment

First Introduced in Congress 1923 introduced continuously-failed in 1972

FEDERAL EQUAL RIGHTS AMENDMENT Three basic sections

(1) Equality of rights shall not be denied based on sex

(2) Congress has power to enforce the Amendment

(3) Amendment would take effect two years after date of ratification

Above did not occur

LEGAL PITFALLS CONT’D Married women lacked legal capacity

to contract or convey real property Money earned by wife became

property of husband Punishment for killing husband more

severe than for husband killing wife (husband may or may not be

punished for killing wife)

Wife killing her husband considered to have denied husband conjugal affection

SENECA FALLS RESULTS(1) Married women in some states

gained rights to inherit and bequeath property same as single women

(2) Gained right to have certain rights regarding property of husband without will (intestate)

RESULTS CONTD

(1)Challenge to patriarchal system thought to be act of treason by some (males and females)

(2)Challenge-thought not criminal was deviant act for the times(1) Some women imprisoned for civil

disobedience

RESULTS CONTD

(1)Prior to Seneca Falls convention(1) Oberlin College first to admit women in

1833

(2)Women could take only shortened literary course until 1841.(1) Believed women’s highest calling was to

be mother

FIGHTERS FOR LEGAL EQUALITY(1)Elizabeth Blackwell-first women in

US to get medical degree(1) (1849) had applied to 21 medical

schools

(2) Bradwell b Illinois (1873)(1) Denied female lawyers from practicing in

state courts.

(1)Married Women’s Property Act-1860(1) Attempt to give women property she

owned as her sole and priv0ate property after marriage (had allowed husband to assume property rights of property owned by wife before marriage

(1)Nineteenth amendment granted women right to vote(see page 8 for technicalities)

BLACK WOMEN’S FIGHT FOR EQUALITY(1) SoJourner Truth-Ain’t I a Woman

(infamous 1815 speech in Ohio)

(1)Jane Merritt and Mary A. Shadd(1) Openly voiced disapproval of denying

Negro women seats to annual abolitionists movement

(2) Successful in gaining admission for women into the 1849 Ohio Convention and 1855 Philadelphia Convention

BLACK WOMEN’S FIGHT FOR EQUALITY CONT’D(1)Combined efforts to abolish slavery

and combat patriarchy in black community(1) Harriet Tubman ‘Black Moses”

(1) Underground Railroad Activity

(2) Mary Elizabeth Browser-Union ally

(2)Former slave-able to secure written and oral information as a servant in the home of Jefferson Davis

SALEM WITCH INCIDENT(1) http://www.law.umkc.edu/faculty/projects/ftri

als/salem/SALEM.HTM

(2) Situation of mass hysteria(1) Results from nonconformity to male

dominance

(2) Most threatening offense i1n Puritan community

SALEM WITCH INCIDENCE CONTD(1) Circle of Girls

(1) Future forecasted by Pharris’ cook

(2) Girls began to exhibit behavior from story telling of Tituba

(3) Girls accused of having been bewitched(1) Girls identified Tituba and others.

Central of Girls

(1)First victims

(2)Ten circle of girls (ages 9 to 20)

(3)Mary Warren (20) A Circle of Girls accused of being witch

(4)Two other members of Central of Girls also accused

THE ACCUSED

(1)Middle-aged unmarried women

(2)Susanna Martin(1) Accused by Circle of Girls ( mimicked fits

and irrational behavior in presence of Martin

(2) Martin (72 years old) laughed at antics

(1) Did not help case

(1)Martin charged with assaulting girls.

(2)Several statements of deviant behavior demonstrated by Martin

(3)Note statements on pages 22 and 23 of text

(1)Girls thought to have made pack with devil

(2)June through September of 1692, nineteen men and women hanged(1) all convicted of witchcraft

(1) Began Spring of 1692

CAUSES

(1) combination of ongoing frontier war war, economic conditions, teenage boredom, and personal jealousies.

(2) Illness of Betty Pharris and behavior mimicked by other teenagers

(3)Behavior similar to that described as behavior of witches.

(1)Doctor suggested behavior may be supernatural

(2)Some accused of possessing :poppets” small rag dolls in the image of an enemy.

(3)Thought harm could be projected through “poppets”

(1)Others thought to own “familiars”-small animals (dogs, cats, …) sent by devil to aid in doing evil (read p. 21)

WITCH BELIEFS OF PURITANS(1) Inherited hierarchical monotheism

(2) (Fear of heresy

(3)Persecutions validated new patriarchal religion

BLACK WOMEN’S FIGHT FOR EQUALITY(1)Mary Fields-

(1) Tennessee born

(2) Hauled and id heavy freight work for Ursuline nuns

(2)Ida B. Wells-Memphis Journalist and Activist(1) Anti-lynching campaign

(1)Ellen CraftRun-away slave with spouse

Duped authorities by passing as white slave owner traveling with her slave

(2) Harriet JacobsStow-away

BLACK WOMEN’S FIGHT FOR EQUALITY(1)Slave women responded to particular

social conditions, masters’ values and norms

(2)Reacted to stresses and strains stemming from slave status(1) (How does this relate to Harriet Jacobs

Story? Be Specific.

(1)Slave Resistance(1) Overt means-Rebellions, revolts,

runaways

(2) (Subtle-feigning illness, conscious laziness

DEVIAND AND BLACK FEMALE CRIMINALITY

(1) Stealing –most widespread practice of resistance(1) Appropriation or reappropriation of

forbidden goods.

(2) Whites perceived theft as normal feature of plantation living.

(3) Thieving Negro? One who stole more than the average

(2) Homicide and AssaultsOvert Resistance

Most common type occurred as outcome of altercations bet3ween slave owners and/or overseers.

Threats of whipping

IONFANTICDE AND ABORTION

Killing female child to prevent life of bondage (infanticide)

AbortionPerformed in secret in slave quarters

Beyond control of males (master or black slave)

Effective means for gaining power over masters and control over part of their lives.

Slave Oppression

(1)Two Categories(1) Economic Exploitation

(2) Sexual Oppression

Slave Oppression

(1) Equal treatment between slave men and women

(2) Poor Quality of Food

(3) Harsh Rules & Punishment(1) Rules usually strictly enforced

(2) Punishment ranged from mutilation to selling the slave

(1)Punishment(1) Meted to female slaves regardless of

motherhood or physical activity

(2) Inflicted by Master (the slave owner) or Mistress(1) Examples from Incidence

(2) in Life of Slave Girl

(3) Ways in which female slave(s) attempted avoid punishment

ECONOMIC EXPLOITATION Characteristic of patriarchal and

capitalistic society Performed same type of field labor as men Worked for plantation then returned to

work for own home How was the grandmother of Harriet

economically exploited? Or was she?

SEXUAL EXPLOITATION OR OPPRESSION Control of reproduction essential to slave

perpetuation Valued for fertility

“breeder” rather than mothers Expected to bear children frequently Victims of forced “breeding”

Subjected to violent and non violent rape Was Harriett Jacobs sexually exploited?

How?

Prostitution type of sexual exploitation (Forms of ) (1) Regularly providing sexual services for

profit for master (2) concubinage (3) acceptance of trinkets after relinquishing to

forced sex

Free women of color- Entered system termed Placage system Arranged live in between white slave owner and a

quadroon.

DEVIANT WOMEN OF THE WEST(1)Grace Newton

(1)Led gang of cattle rustlers(2)Used explicit fouled language.

(2)Mary Jane Canary-became active in crime at age of 16(1)Changed name to Calamity Jane(2)Displayed non feminine behavior for

time

(1)Floira Quick-brothel owner(1)“Tom King”

(2)Arrested for horse stealing

(2)Etta Place-female companion of “Sundance Kid”(1)Assumed leadership of “all-male gang”

after death of Kid

(1)Belle Star-charged with horse stealing(1) Pursued criminal activities disguised as a

man

(2) Fatally shot in back

(2)Ella Watson(1) “Cattle Kate”

(2) Hung on assumption of being cattle thieves