“The last vestige of institutionalized sexism”? Paternalism, Equal Rights and the Death Penalty in Twentieth and Twenty-First Century Sunbelt America: The Case for Florida

Abstract

In February 1941, thirty male San Quentin prisoners petitioned Governor Culbert Levy Olson of California (the state's first Democrat governor in the twentieth century) to stop the execution of Eithel Leta Juanita Spinelli, “a merciless gang leader called the Duchess,” who had been convicted, along with her common-law husband and another male accomplice, of the murder of nineteen-year-old Robert Sherrard. All three defendants were sentenced to die in the gas chamber. Former San Quentin warden, Clinton T. Duffy, remembered Spinelli as “the coldest, hardest character, male or female” that he had “ever known,” and utterly lacking in “feminine appeal.” Thus the presentation of a jailhouse petition to save her from the gas chamber rather perplexed him, and he remained firm in his belief that the majority of San Quentin's inmates were unconcerned by the impending execution. Nonetheless, the petitioners argued that Spinelli should not be executed and offered to take her place either in the death chamber, or to serve out her life term in the event of a commutation of sentence. According to Duffy, the prisoners asserted “that Mrs. Spinelli's execution would be repulsive to the people of California; that no woman in her right mind could commit the crime charged to her; that the execution of a woman would hurt California in the eyes of the world; that both the law and the will of the people were against the execution; that Mrs. Spinelli, as the mother of three children, should have special consideration; that California's proud record of never having executed a woman should not be spoiled”.

Media Representations of Female Perpetrators in Death Penalty-Eligible Cases

“…This disparity, however, was not only realized but also accepted by most in society as a consequence of gender power differences. In the 1940s, for example, both the law and the culture viewed the execution of a woman as an unwanted step towards gender equality (Miller, 2004). If women became eligible to receive the ultimate punishment from the state, they would also have to be granted certain privileges such as civil and political rights.…”

“…It is evident that there is still a clear gender gap in our use of capital punishment. Some scholars have argued that women should not expect preferential treatment if they seek full equality before the law and that exemption of women from this punishment undermines their status in society (Miller, 2004). However, a simple cursory review of the statistics of the current death penalty era will reveal that such biases still permeate our system.…”

“…The death penalty demonstrates the ultimate control society can have over its citizens and thus, decisions regarding death cannot be arbitrary. The evidence indicates that the current U. S. system of capital punishment is a remaining example of institutionalized racism and sexism (Miller, 2004). Furthermore, the standard of proof required to demonstrate these biases has been raised so high that defendants seem out of luck during their trials and in subsequent appeals (Shortnacy, 2001).…”

“…These hardened criminals had such respect for the fairer sex that they were willing to draw straws for the opportunity to go to the gas chamber and take her place if her sentence was not commuted and if she was not granted clemency. In the event that her sentence was reduced to that of life imprisonment, these men were even willing to serve out the rest of her life term sentence (Miller, 2004). These examples highlight the shame associated with the pending execution of a woman and the selfless lengths to which some will go to in order to protect women and their innate "purity".…”