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2 - Commentary on People v. Berry

from Part I - Gendered Justice

Published online by Cambridge University Press:  01 December 2022

By
Carolyn B. Ramsey
Edited by
Bennett Capers ,
Sarah Deer  and
Corey Rayburn Yung
Bennett Capers
Affiliation:
Fordham University, New York
Sarah Deer
Affiliation:
University of Kansas
Corey Rayburn Yung
Affiliation:
University of Kansas
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Summary

This vintage rape case concerns an Alabama court’s determination that the jury may consider “social conditions and customs founded upon racial differences, such that the prosecutrix was a white woman and the defendant was a Negro man” in assessing a Black defendant’s culpability for assault with intent to rape. This case represents how rape law was weaponized against Black men and is an ideal case for a feminist rewritten opinion to interrogate how race and rape are closely intertwined.

Keywords

babymedical carewillfulproximatelawful excuseminor child
Type
Chapter
Information
Feminist Judgments: Rewritten Criminal Law Opinions , pp. 26 - 49
Publisher: Cambridge University Press
Print publication year: 2022

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