Women Who Kill Women

This article focuses on the phenomenon of women who kill women in the context of India’s dowry murders. Killing by females is rare, and killing of other females is rarer still. India’s dowry deaths, where mothers-in-law are, next to husbands, the most accused and convicted, represents a unique opportunity to examine the mechanics around women who kill, especially in the context of a gender violence crime. The article examines both the roots of the dowry system and the current anti-dowry and dowry-violence legislation to demonstrate the implicit and accepted gender inequities within marriage that serve to under gird an overall system of female oppression within the marital relationship. This inequity is understood to be a positive aspect within marriage, but ironically negative within public Indian society. The article then considers various theories of agency and motivation from social science and feminist literature to answer why some women participate in oppressing other women in Indian society. Finally, the article notes some of the ways in which Indian courts are contributing to the oppressive power structure by limiting the application of the anti-dowry and dowry-violence laws.

Disquieting Discretion: Race, Geography & the Colorado Death Penalty in the First Decade of the Twenty-First Century

This Article demonstrates through original statistical research that prosecutors in Colorado were more likely to seek the death penalty against minority defendants than against white defendants. Moreover, defendants in Colorado’s Eighteenth Judicial District were more likely to face a death prosecution than defendants elsewhere in the state. Our empirical analysis demonstrates that even when one controls for the differential rates at which different groups commit statutorily death-eligible murders, non-white defendants and defendants in the Eighteenth Judicial District were still more likely than others to face a death penalty prosecution. Even when the heinousness of the crime is accounted for, the race of the accused and the place of the crime are statistically significant predictors of whether prosecutors will seek the death penalty. We discuss the implications of this disparate impact on the constitutionality of Colorado’s death penalty regime, concluding that the Colorado statute does not meet the dictates of the Eighth Amendment to the Constitution.