Beginning in 2011, California’s most recent drought has brought four years of some of the warmest and driest seasons on record. Mendota, California in the San Joaquin Valley is a microcosm of the struggles many agriculture communities face when water resources are scarce. Known as the “cantaloupe capital of the world,” agriculture represents over half of Mendota’s economy, making unemployment one of the many challenges they face. However, community members are working to move forward and preserve the place they call home.
Medota has a population of about eleven thousand people with over 96 percent of them being Hispanic. The stories of elected officials, field workers, farmers, police, school leaders and local business owners give testament to a mounting fear for future water allocation. But their voices also give way to a shared belief—the community’s resilience will persevere through California’s drought. Mendota is presented through a multi-media piece that uses photos, videos and descriptive articles to showcase both their hardship and hope.
In the last decade, California’s imprisoned population of women has increased by nearly 400% (Chesney-Lind, 2012). The focus of this thesis is to discuss the treatment—or lack thereof—of women within California’s criminal justice system and sentencing laws. By exploring its historical approach to two criminal actions related to women, the Three Strikes law (including non-violent drug crimes) and the absence of laws accounting for experiences of female victims of domestic violence who killed their abusers, I explore how California’s criminal code has marginalized women, and present a summary of the adverse effects brought about by the gender invisibility that is endemic within sentencing policies and practice. I also discuss recent attempted and successful reforms related to these issues, which evidence a shift toward social dialogue on sentencing aiming to address gender inequity in the sentencing code. These reforms were the result of activism; organizations, academics and individuals successfully raised awareness regarding excessive and undue sentencing of women and compelled action by the legislature.
By method of a feminist analysis of these histories, I explore these two pertinent issues in California; both are related to women who, under harsh sentencing laws, were incarcerated under the state’s male-focused legislation. Responses to the inequalities found in these laws included attempts toward both visibility for women and reform related to sentencing. I analyze the ontology of sentencing reform as it relates to activism in order to discuss the implications of further criminal code legislation, as well as the implications of the 2012 reforms in practice. Through the paper, I focus upon how women have become a target of arrest and long sentences not because they are strategically arrested to equalize their representation behind bars, but because the “tough on crime” framework in the criminal code cast a wide and fixed net that incarcerated increasingly more women following the codification of both mandatory minimums and a male-oriented approach to sentencing (Chesney-Lind et. al, 2012).
In its 1993 decision Daubert v. Merrell Dow Pharmaceuticals, Inc., the US Supreme Court established the Daubert Standard for evaluating the admissibility of scientific knowledge as evidence in US federal courts. When it began in trial court, the case addressed whether or not Bendectin, an anti-nausea medication taken during pregnancy, caused birth defects. However, after the trial court dismissed the case for lack of admissible evidence, Daubert v. Merrell Dow Pharmaceuticals, Inc. advanced through appeals courts to the US Supreme Court, where the Justices defined the criteria by which scientific knowledge, which for them included a least theories based on evidence, expert testimony from scientists, and scientific techniques, could be introduced and used in court cases as evidence. The Daubert Standard states that the judge of a case is responsible for determining what claims are admissible as scientific knowledge and as evidence in the case. The admissibility should be determined by the falsifiability of the claims, by whether or not they had passed peer reviewed, by the general scientific acceptance of the claims, and for techniques, by their error rates of the techniques. Daubert v. Merrell Dow Pharmaceuticals, Inc. set a landmark precedent in the US judicial system and influenced most subsequent legal cases that appealed to science to establish facts in trials.
Sindell v. Abbott Laboratories was a 1980 California case that established the doctrine of market share liability for personal injury cases. For such liability, when a drug causes personal injury and the manufacturer of the drug cannot be identified, each producer is responsible for paying the settlement in proportion to the percentage of the market they supplied. Judith Sindell and Maureen Rogers brought the case against the producers of diethylstilbestrol (DES), which their mothers had taken during pregnancy to prevent miscarriage and other complications. Sindell and Rogers alleged that their mothers' ingestions of DES during pregnancy later caused Sindell and Rogers to develop cancers at the onset of puberty, but they could not identify the specific manufacturer of the drug. The market share liability ruling in Sindell allowed millions of DES-affected individuals to seek restitution for reproductive cancers caused by prenatal exposure to DES.
In 1928 Ezra Seymour Gosney founded the non-profit Human Betterment Foundation (HBF) in Pasadena, California to support the research and publication of the personal and social effects of eugenic sterilizations carried out in California. Led by director Gosney and secretary Paul Popenoe, the HBF collected data on thousands of individuals in California who had been involuntarily sterilized under a California state law enacted in 1909. The Foundation's assets were liquidated following Gosney's death in 1942. In 1943, Gosney's daughter donated the remaining assets to the California Institute of Technology (Caltech) in Pasadena, California to establish the Gosney research fund for biological research. Between 1928 and 1942, the HBF published extensively on what they believed to be the benefits of sterilization to both patient and society. The HBF and its members existed within the larger context of the American eugenics movement and scientific institutions, including the Eugenics Record Office at Cold Spring Harbor Laboratory in Cold Spring Harbor, New York, which bolstered the movement's goals of the control of human reproduction and human heredity. Moreover, the model sterilization legislation written by the HBF was disseminated throughout the world to eugenics enthusiasts eager to pass laws limiting the reproduction of people they considered to be unfit.