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2 S. Cal. Rev. L. & Women's Stud. 11 (1992-1993)
Women's Pathways to Felony Court: Feminist Theories of Lawbreaking and Problems of Representation

handle is hein.journals/scws2 and id is 17 raw text is: WOMEN'S PATHWAYS TO FELONY COURT: FEMINIST THEORIES OF LAWBREAKING AND PROBLEMS OF REPRESENTATION* KATHLEEN DALY** INTRODUCTION What brings women defendants to felony court? Why do these women get caught up in crime? How does their behavior become criminalized? Feminist scholars have made substantial strides in analyz- ing the place of women (or gender) in male-centered theories of law- breaking, in bringing to light formerly hidden violence against women and children, in revealing the ways in which women victims of crime are treated by the justice system, and in challenging the conditions of incar- cerated women pending trial or after conviction.' A less developed area * The ideas in this article were first presented at the Mont Gabriel Conference on Women, Law, and Social Control (July 1991), which I organized with Marie-Andr6e Bertrand and Dorie Klein. An especial thanks to Marie-Andr6e Bertrand for encouraging me to prepare this piece and commenting on it; and to the discussants and conference participants whose criticisms helped me revise it. Research support for the Conference and the New Haven court project came from the National Science Foundation, the Russell Sage Foundation, and the Rockefeller Foundation. ** Department of Sociology, University of Michigan. 1. Citations are to a small number of well-known, early gr6undbreaking feminist works, almost all by social science feminists, in each of the four areas. For critiques of male-centered theo- ries of deviance and lawbreaking, see, eg., CAROL SMART, WOMEN, CRIME AND CRIMINOLOGY: A FEMINIST CRITIQUE (1976); Marcia MiUman, She Did It All for Love: A Feminist View of the Sociol- ogy of Deviance, in ANOTHER VOICE: FEMINIST PERSPECTIVES ON SOCIAL LIFE AND SOCIAL SCI- ENCE 251 (Marcia Millman & Rosabeth Moss Kanter eds., 1975); Dorie Klein, The Etiology of Female Crime A Review of the Literature, ISSUES IN CRIMINOLOGY, Fall 1973. For research on intimate violence and rape, see, eg., SUSAN BROWNMILLER, AGAINST OUR WILL: MEN, WOMEN AND RAPE (1975); R. EMERSON DOBASH & RUSSELL DOBASH, VIOLENCE AGAINST WivEs: A CASE AGAINST THE PATRIARCHY (1979); ERIN PIZZEY, SCREAM QUIETLY OR THE NEIGHBOURS WILL HEAR (1974). For studies of the treatment of female victims of violence, see, e.g., LORENNE M.G. CLARK & DEBRA J. LEWIS, RAPE: THE PRICE OF COERCIVE SEXUALITY (1977); LYNDA LYTLE HOLMSTROM & ANN WOLBERT BURGESS, THE VICTIM OF RAPE: INSTITUTIONAL REAC- TIONS (1978); Elizabeth Stanko, Would You Believe This Woman? Prosecutorial Screening for Credible Witnesses and a Problem of Justice, in JUDGE, LAWYER, VICTIM, THIEF: WOMEN, GEN- DER ROLES, AND CRIMINAL JUSTICE (Nicole Hahn Rafter & Elizabeth Anne Stanko eds., 1982). For research on incarcerated women, see, e-g., Judith Resnik & Nancy Shaw, Prisoners of Their Se:

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