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1 results

  • 2 - Commentary on People v. Berry

  • from Part I - Gendered Justice
  • Edited by Bennett Capers, Fordham University, New York, Sarah Deer, University of Kansas, Corey Rayburn Yung, University of Kansas
  • Book:
    Feminist Judgments: Rewritten Criminal Law Opinions
    Published online:
    01 December 2022
    Print publication:
    15 December 2022, pp 26-49

  • 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.