Feminist Judgments: Rewritten Criminal Law Opinions

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Book Review

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During a time when legislatures are passing laws limiting the discussion of race, gender, and other identities in school curriculums, it is an understatement to assert that Feminist Judgments is both timely and important. While this book was not written in direct response to the current political moment, it is still highly relevant in that it suggests that the solution to current inequities in the law is not to erase discussions of marginalized identities; instead, Feminist Judgments points to that fact that, when analyzing legal issues, judges need to spend more time considering the diverse personal experiences of marginalized individuals. This type of analysis is especially critical because these experiences are often very different from the experiences of those who tend to gain the privilege of becoming judges. Moreover, the concerns of marginalized individuals are particularly salient whenever they are forced to interact with the American criminal justice system, which is brutally punitive. Unfortunately, the law often falls short when it comes to both addressing the harms that women suffer when they are the victims of crime and ensuring that women are treated equitably and fairly as criminal defendants.

Feminist Judgments, however, ably and persuasively suggests that there could be a more equitable and fairer reality.