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7 - Commentary on Winnebago Tribe of Nebraska v. Bigfire

from Part I - Gendered Justice

Published online by Cambridge University Press:  01 December 2022

Bennett Capers
Affiliation:
Fordham University, New York
Sarah Deer
Affiliation:
University of Kansas
Corey Rayburn Yung
Affiliation:
University of Kansas
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Summary

The case involved a mother who was charged with aiding and abetting her boyfriend for assaulting her one-year old son with a belt with a metal buckle. The mother was present at the time of the assault but the prosecution did not cite any other conduct by her to encourage the attack on the small child. The court upheld the conviction even though the defendant took no affirmative action in furtherance of the underlying crime. Rewriting this opinion offers an opportunity to explore the real-world dynamics of domestic abuse and the unique legal obligations placed on mothers to care for their children.

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Publisher: Cambridge University Press
Print publication year: 2022

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