A Woman of “Weak Mind”: Gender, Race, and Mental Competency in the Reconstruction Era

Research output: Contribution to book or proceedingChapterpeer-review

1 Scopus citations

Abstract

This essay examines how racial and gendered expectations influenced the ways in which courts addressed infanticide across the United States during Reconstruction. While black women’s legal rights undoubtedly expanded during Reconstruction, infanticide cases demonstrate that those expanded rights did not necessarily translate into favorable outcomes in relation to criminal law. Cases of infanticide show that prevailing attitudes about race and gender encouraged the view that biology shaped one’s abilities, sanity, and morality. Although black women successfully exploited those racist and sexist assumptions to reduce jail or death sentences, they did not fare as well in the criminal justice system as white women in similar situations.
Original languageEnglish
Title of host publicationFreedoms Gained and Lost
Subtitle of host publicationReconstruction and Its Meanings 150 Years Later
EditorsAdam Domby, Simon Lewis
Place of PublicationNew York
PublisherFordham University Press
Pages121-142
Number of pages22
ISBN (Electronic)9780823298174
ISBN (Print)9780823298167
DOIs
StatePublished - Jan 1 2021

Scopus Subject Areas

  • General Arts and Humanities
  • General Social Sciences

Disciplines

  • Legal
  • United States History
  • Women's History
  • African American Studies

Keywords

  • Reconstruction
  • capital punishment
  • courts
  • gender
  • incarceration
  • infanticide
  • insanity
  • race

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