In or around 1966, Jane Daniel, a convicted robber, was sentenced to one to four years. One month later, her sentence was extended to 3.5 to 10 years, as stipulated by the 1913 Muncy Act (requiring judges to give women an indeterminate sentence if convicted of a crime punishable by more than one year). Had Jane Daniel been a male, the judge would have been allowed to give ‘him’ the one-to-four-year sentence.
The Superior Court of PA denied that this was an infringement of her rights, stating that men’s and women’s inherent physical and psychological differences justified differential treatment.
where would I find the full name and citation of the Superior Court decision? (There was a Pennsylvania Supreme Court decision later, but I'm looking for the Superior Court decision)
Looking for important documents, speeches, etc., by Confederates after the Civil War or neo-Confederates down to the present day! Also confederate army archives collections.
Does a Local Union have the right to work non union members? And in detail can you fully explain the answer to my question, for instance if yes please tell me exactly how it works like if you have a non union member work a show call and there wasn't a union member available is that OK? And are non union members allowed to work any shows for that matter. Can a union member force the union to work only union people? And if not available can non union members fill the call? When you go by the constitution by laws and have a trial against a member can a decision be made at the regional office with out hearing both sides of the trial? And once a member has been exspelled can the regional office force you to take them back after a majority voted them out? We would appreciate an answer to these question we really need an answer.
The requestor provided me with the full citation for the Cassandra Shaylor article, and the article noted the name of the case in the footnotes. It is Baraldini v. Thornburgh, 884 F.2d 615 (U.S. App. D.C. 1989). The full-text is in Lexis-Nexis, but I will copy the overview below.
"OVERVIEW: Although the inmates had no particular behavior or security problems after sentencing, they were transferred to the highest security institution primarily because of their association with groups that espoused violence and assisted in prison escapes. The district court found that the bureau violated the inmates' First Amendment rights by making the transfers solely on the basis of the inmates' subversive statements and thoughts. The court reversed, holding that the district court erred in determining that the bureau violated the inmates' First Amendment rights and that the bureau properly considered the inmates' association with groups that aided in prison escapes in effectuating placement. The court found no evidence of pretext or that the bureau singled out any woman because of her left wing political convictions. The court further found that the transfers were rationally connected to a legitimate prison purpose and did not unduly restrict alternative means of exercising association rights. On de novo review, the court determined that the bureau's transfer of the inmates was not an exaggerated response to security concerns."
I quickly checked Shepherd's Citations to see if it had been overturned, and Shepherd's says "No subsequent appellate history." I am not an expert on this step, so please don't take this as proof that there was never a later case that was decided differently. It does mean, as far as I can tell, that that exact case was not appealed.
In her article about control units for women, Cassandra Shaylor states that the U.S. Court of Appeals ruled that prisons are free to use political associations and beliefs to justify different and harsher treatment. (An earlier, unnamed and undated court decision determined that the placement of female political prisoners at the Lexington Federal Prison in Kentucky was unconstitutional because women were housed there because of their political beliefs. The court ordered them transferred and the unit shut down)
Where would I find the name and date (and text, if possible, or more information if not) of this U.S. Court of Appeals decision?
