The public harm of private violence: rape, sex discrimination and citizenship
Article Abstract:
Rape and sexual assault should be punished both criminally and as illegal gender discrimination violating a woman's civil rights and depriving all women, whether they be actual or prospective victims, of equal rights to freedom and autonomy. Such a dual legal treatment would recognize that the essence of rape is the taking advantage of women's societal subordination and unequal status. It would also recognize that acts of rape and other sexually violent acts perpetrated against women because they are women symbolize and actually contribute to the maintenance of women's unequal political power.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1993
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Harboring, sanctuary and the crime of charity under federal immigration law
Article Abstract:
Federal courts have erroneously applied a broad interpretation of the Immigration and Nationality Act's prohibition against harboring illegal aliens to punish individuals and organizations who supply humanitarian aid to known or suspected illegal aliens. By equating the provision of sanctuary with the illegal act of taking affirmative steps to hide, or harbor, illegal aliens, federal courts have made criminal charitable efforts to help needy refugees. Charities must be allowed to provide aid without fear of misguided criminal sanctions.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1993
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Calculating injustice: the fixation on punishment as crime control
Article Abstract:
The American philosophy of crime control has changed since the 1970s from attempting to rehabilitate criminals to demanding harsh and extreme punishments. The laws of this period, such as the Federal Sentencing Reform Act of 1984 and the Anti-Drug Abuse Act of 1986, reflect this shift away from punishing according to culpability and toward specific punishments for specific crimes. Analysis of this model of punishment raises questions as to its moral justification and whether or not it actually deters crime.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1992
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