Wife, Mother, Worst of the Worst: America’s Death Penalty Schemes as Gendered and Arbitrary

The legal landscape surrounding capital punishment in the United States has evolved significantly since its inception, and women’s status on death row has not been left untouched by these developments. Following the Supreme Court’s landmark decision in Furman v. Georgia, the constitutionality of the death penalty as it applies to women has faced increased scrutiny. This Comment explores the history of capital punishment for women, the status of women on death row as of March 2024, and analyzes capital punishment sentencing as a gendered process through the Chivalry and Evil Woman Theories. An examination of Furman and subsequent cases shows that contemporary death penalty practices are often gendered, potentially rendering them arbitrary and capricious. While women on death row are not a monolith, this Comment highlights the gendered application of capital punishment in America and emphasizes the urgent need to address these issues, as women continue to be sentenced to death. I. Introduction II. The Death Penalty Applied to Women in America III. Chivalry Theory: Why Are so Few Women Sentenced to Death? ... A. Guinevere Garcia: The Chivalry Theory in Commutations IV. Evil Woman Theory: Why Are Certain Women Sentenced to Death? ... A. Karla Faye Tucker: The Evil Woman Theory in Death Sentences V. Gender-Biased Death Penalty Sentencing as Arbitrary and Capricious ... A. Gendered Death Penalty Structure—Aggravating and Mitigating Circumstances ... B. The Chivalry Theory as Arbitrary and Capricious ... C. The Evil Woman Theory as Arbitrary and Capricious VI. Conclusion