Feminist Philosophers

News feminist philosophers can use

Response to AAUP report on Title IX from Faculty Against Rape April 15, 2016

Faculty Against Rape has drafted a response to the AAUP’s draft report on Title IX to submit by the end of the comment period tomorrow, and they are accepting signatures from academics in support of the letter. The full letter is here, and the form to add your name is here.

Here’s a passage from the introduction:

As members of Faculty Against Rape (FAR), a group of more than 300 faculty and civil rights activists from across the U.S., we write to express grave concerns regarding the American Association of University Professor’s (AAUP) draft report on Title IX.  We started FAR in the summer of 2014 as an ad-hoc volunteer collective whose mission is to get more faculty involved in preventing sexual assault and sexual harassment and improving campus responses. FAR is also committed to protecting faculty who experience retaliation for doing so. Over the past two years, FAR has provided resources for faculty to learn how to best support survivors, tools for faculty who want to get more involved in reform efforts, and support for faculty who face retaliation. Collectively, our members have supported literally hundreds of survivors at campuses across the country. Many of them have endured significant retaliation from university administrations who want to protect the university brand, even at the cost of the safety and well-being of students. We have seen the crisis of campus sexual violence, and the nature of Title IX enforcement as practiced, often inadequately, across campuses in the United States, first-hand.

Our experiences, as members of educational communities involved in these issues on the ground, have made evident that Title IX enforcement at institutions of higher education is, indeed, a matter of pressing concern. However, if the AAUP seeks to adequately understand, and competently comment on this issue, it must take care to, at the very least, attend to the body of existing expert scholarship— including scholarship by some of its own members— on this topic. As it stands, we are troubled by much of the framing, content, unrepresentative nature of, and failures of accuracy within, the draft report.

The overall impression given by the report is that the Department of Education’s Office of Civil Rights is ‘overreaching’ in its mandated mission of providing guidance to universities and ‘abusing’ Title IX; this,  despite the fact that there is broad underreporting of campus sexual assault by universities. The American Association of University Women (AAUW) analyzed DOE data and found that 91% of colleges did not report any rapes in 2014, leading the AAUW to exclaim that “The data reported by the nation’s colleges simply defy reality and common sense,” given that they “don’t reflect campus climate surveys and academic research.”

While we would ordinarily join with the AAUP in resisting the corporatization of institutions of higher learning, we are deeply concerned that the AAUP’s analysis of this issue as it pertains to Title IX, by pitting student concerns for campus safety against faculty interests, reinforces the symptoms instead of addresses the problem. Students and faculty alike are rightfully alarmed by universities and colleges placing the protection of their reputation before the integrity of their campus communities — but these concerns ought to unite, rather than divide us. The AAUP is right to remind us that administrative overreach into the classroom may be driven by a misguided focus on public relations, but we should also acknowledge that it is this very feature of the contemporary university that victims of campus sexual misconduct have been decrying as they witness justice, safety, and prevention sacrificed time and again for the sake of the bottom line.

 

Minicourse on Metaphilosophy and Sex Equality April 4, 2016

The School of Philosophy and Art History at the University of Essex are very pleased to announce that Professor Michèle Le Doeuff will be giving a minicourse on ‘Metaphilosophy and sex equality’ at Essex on 11th – 13th May 2016. The abstract for the minicourse is as follows:

Metaphilosophy, in the sense of discussing what form of philosophy is valuable and what form is hopeless, is everywhere in our lives. It takes place within highly classical works and in the most informal conversations we have down the pub.

Sex equality happens not to be a major beacon for these discussions, to put it mildly. Who lays down the law to whom? On the other hand, if you consider that sex equality should indeed be among the non-negotiable landmarks of any discussion about philosophy, you might have the feeling that you are stating the obvious, and then discover that it never registers.

Now, if metaphilosophy is about defining what philosophy is (how it works, how it occasionally dysfunctions), it does appear as a most eligible level of discussion for feminists. A sphere in which you could at last appeal to justice is more than appealing. All the same, the question «what is philosophy?» sometimes proves slippery.

​In classes, pupils tend surreptitiously to start discussing the character of the philosopher, certainly male, old, bearded and endowed with encyclopaedic knowledge. A woman engaged in philosophy may find it wise not to discuss the question at all and simply prove her existence by doing her job, just as you can prove the possibility of movement by duly taking a stroll. But is this the end of the story?

The minicourse is made up of three lectures:

Wednesday 11 May, 3-5pm: Lecture – The Price to pay (and for becoming what?)
Thursday 12 May, 3-5pm: Lecture – You said ‘progress’?
Friday 13 May, 3-5pm: Lecture – In Praise of autodidacticism

Further information on the course can be found on the Essex website: https://www.essex.ac.uk/philosophy/news_and_seminars/minicourses/default.aspx

Book a place
Booking is required to attend the minicourse. To book your place please email Katherine Bialey at kbailey@essex.ac.uk.

Please send any queries or questions about the minicourse to Rosie Worsdale: rworsd@essex.ac.uk

 

Gender stereotypes and the gender gap in higher education

There’s an interesting op-ed on the role of gender stereotypes in gender differences in college participation and performance in the New York Times today by Andrew Reiner who teaches a course on masculinity at Towson University, and I thought our readers might be interested. Here’s a snippet of it:

In many ways, the young men who take my seminar — typically, 20 percent of the class — mirror national trends. Based on their grades and writing assignments, it’s clear that they spend less time on homework than female students; and while every bit as intelligent, they earn lower grades with studied indifference. When I asked one of my male students why he didn’t openly fret about grades the way so many women do, he said: ‘Nothing’s worse for a guy than looking like a Try Hard.’

In a report based on the 2013 book “The Rise of Women: The Growing Gender Gap in Education and What It Means for American Schools,” the sociologists Thomas A. DiPrete and Claudia Buchmann observe: “Boys’ underperformance in school has more to do with society’s norms about masculinity than with anatomy, hormones or brain structure. In fact, boys involved in extracurricular cultural activities such as music, art, drama and foreign languages report higher levels of school engagement and get better grades than other boys. But these cultural activities are often denigrated as un-masculine by preadolescent and adolescent boys.

. . . By the time many young men do reach college, a deep-seeded gender stereotype has taken root that feeds into the stories they have heard about themselves as learners. Better to earn your Man Card than to succeed like a girl, all in the name of constantly having to prove an identity to yourself and others.

 

What’s Wrong with the AAUP’s Report on Title IX: Preponderance of the Evidence Standard Redux March 31, 2016

I posted a couple of days ago about some of the problems with the AAUP’s recent report on Title IX. I think there are others, but for considerations of space, just mentioned two: one of which was the AAUP’s resistance to the preponderance of the evidence standard, the other was the AAUP’s confusion regarding the increase and manner of OCR investigations. At some point, I think it would be valuable to discuss some of those other issues (I’ll draw on a couple of points from this letter from the National Women’s Law Center below, but I encourage you to read it in full as it pertains to some of the other issues in the report as well), but first, more on the justification for the preponderance standard.

Brian Leiter wrote a reply to my post, taking issue with this passage:

But, more to the point, if Title IX complaints were held to a higher standard than a preponderance of the evidence when other civil rights claims are adjudicated by exactly that standard, then it would follow that complainants would be held to a higher standard, i.e., disadvantaged, on the basis of sex, i.e., they would be subject to sexual discrimination.

I cited Jackson v. Birmingham Board of Education in the explanation of my thinking, and in an update on his post, Leiter writes, “that retaliation for reporting sex discrimination is actionable sex discrimination for purposes of Title IX does nothing to establish that a higher standard of proof to prevail on a sex discrimination claim is sex discrimination.” Leiter is right that, in itself, that retaliation in the context of Title IX constitutes sex discrimination says nothing about standards of proof, but I didn’t say that it did. What I did say is that I think the courts’ reasoning in the course of determining whether or not retaliation constitutes discrimination – i.e., how the court defined what it is for something to constitute “discrimination on the basis of sex” – does.

Here’s that language again (emphasis mine):

In all of these cases, we relied on the text of Title IX, which, subject to a list of narrow exceptions not at issue here, broadly prohibits a funding recipient from subjecting any person to “discrimination” “on the basis of sex.” 20 U. S. C. ß1681. Retaliation against a person because that person has complained of sex discrimination is another form of intentional sex discrimination encompassed by Title IX’s private cause of action. Retaliation is, by definition, an intentional act. It is a form of “discrimination” because the complainant is being subjected to differential treatment. See generally Olmstead v. L. C., 527 U. S. 581, 614 (1999) (KENNEDY, J., concurring in judgment) (the “normal definition of discrimination” is “differential treatment”); see also Newport News Shipbuilding & Dry Dock Co. v. EEOC, 462 U. S. 669, 682, n. 22 (1983) (discrimination means “less favorable” treatment). Moreover, retaliation is discrimination “on the basis of sex because” it is an intentional response to the nature of the complaint: an allegation of sex discrimination. . .

The import of the Jackson language quoted is not that the retaliation was a response to the person (Roderick Jackson) but to the claim (in Jackson’s case, a series of complaints about unequal treatment that he felt were prohibited by Title IX).  It can be analogized to campus responses to sexual assault cases in the following way: when a victim makes a complaint that s/he was sexually assaulted, under Title IX that is a claim of sex discrimination, because sexual assault is a severe form of sexual harassment, and sexual harassment has been confirmed by SCOTUS to be a form of sex discrimination.  Therefore, if the school responds to that claim using a process that requires a higher standard of proof than the standard of proof that the school uses for other claims, ones that do not implicate Title IX and do not allege sex discrimination, that is, in the words of the Court in Jackson, “differential treatment.”  So if a student made a complaint that s/he was the victim of harassment based on his/her race, the school would be required under Title VI to use a preponderance of the evidence standard.  If the school were still using “clear and convincing evidence” for sexual assault cases, this would mean that claims of sex discrimination (severe sexual harassment in the form of sexual assault) would be treated differently, and less favorably, by the school from claims of race discrimination (racial harassment).

Similarly, if one white, male, heterosexual student accused another white, male, heterosexual student of punching him in the face and the school used a preponderance of the evidence standard in its process for responding to that assault, but was still using “clear and convincing” in its process for sexual assault, that would be differential treatment based on the nature of the claim, where the claim alleging discrimination based on sex got “‘less favorable treatment” (see language from Newport News Shipbuilding & Dry Dock Co. v. EEOC, 462 U.S. 669, 682, n. 22, 103 S.Ct. 2622, 77 L.Ed.2d 89 (1983) included in Jackson) than the claim not alleging discrimination based on sex.

The National Women’s Law Center (lead counsel in Jackson v. Birmingham Board of Education) seems to agree that parity with other claims justifies the use of the preponderance standard in Title IX claims: Given that Title IX was modeled after Title VI, and preponderance of the evidence is the standard used in claims brought under Title VI, it is also the standard that applies to Title IX claims. The preponderance standard is also used in litigation of claims under Title VII of the Civil Rights Act of 1964, regarding sex discrimination in employment. Thus, it is the correct standard for allegations of sexual harassment, including violence.” (If you doubt that courts have taken up this standard, note the footnotes to this passage in their letter.)

Likewise, Nancy Cantalupo, in the piece I linked to a few days ago, writes,

Allowing schools to adopt a criminalized standard of proof such as “clear and convincing” evidence or “beyond a reasonable doubt,” . . . would also create legal and administrative barriers for student survivors of gender-based violence that do not apply to the vast majority of comparable populations involved in civil or civil rights proceedings, all of which use the preponderance standard. To name just a few, these groups include: other students alleging other kinds of sex discrimination; students alleging discrimination based on other protected categories, like race or disability; gender-based violence survivors seeking protection orders in civil court; students alleging other forms of student misconduct; and students accused of sexual or any other misconduct who sue their schools in civil court. In reality the preponderance standard is used in the vast majority of cases, not only in internal disciplinary proceedings but also in other administrative or civil court proceedings and under other civil rights statutes that protect equality . . . Indeed, separating out sexual violence victims for different procedural treatment would enact a new kind of damaging “exceptionality [for] rape,” as Michelle Anderson discusses in her paper for the September 25 Conversation. Using anything more stringent than a preponderance standard would symbolize that we as a society are comfortable with giving one group of women and girls, as well as men and boys who are gender-minorities and victimized because of it, unequal treatment when compared to everyone else.

In a footnote on this passage, Cantalupo notes:

Research shows that the majority of higher education institutions had voluntarily adopted a preponderance of the evidence standard for all student conduct proceedings by the early 2000s. See Michelle J. Anderson, Sexual The Legacy of the Prompt Complaint Requirement, Corroboration Requirement, and Cautionary Instructions on Campus Assault, 84 B.U. L. Rev. 945, 1000 (2004); Heather M. Karjane et al., Campus Sexual Assault: How America’s Institutions of Higher Education Respond 122 tbl.6.12 (2002), http://www.hhd.org/sites/hhd.org/files/mso44.pdf  [http://perma.cc/9Z57-PHR5]. Therefore, using a different standard from the preponderance standard in cases involving sexual or other forms of gender-based violence would mean that student victims of gender-based violence would be less protected than students who are victimized by another student in any other way.

Now, Geoffrey Stone has argued against the preponderance standard as follows (emphasis mine):

To justify its insistence on the preponderance of the evidence standard, the Department of Education draws an analogy to civil actions in court. In the typical civil law suit for damages, whether the issue is a car accident, a breach of contract, or an assault, the standard is preponderance of the evidence. But this is a bad analogy. For a college or university to expel a student for sexual assault is a matter of grave consequence both for the institution and for the student. Such an expulsion will haunt the students for the rest of his days, especially in the world of the Internet. Indeed, it may well destroy his chosen career prospects. This is especially likely, for example, for law students.

To the extent that analogy between internal Title IX complaints at an educational institution and action in courts is apt (there is a substantive difference in that what happens in court is thereby public record), the analogy to civil action is far more apt than an analogy to criminal proceedings. In addition to the fact that in criminal cases it is the state, and not the alleged victim, who is party to the proceedings, as Stone writes, civil law adjudicated by a preponderance of the evidence standard provides relief for assault. Again, from the National Women’s Law Center:

The preponderance of the evidence standard is appropriate even in cases where there could be criminal sanctions for the defendant’s actions. For example, it is used in civil proceedings between two private parties, where—like a campus grievance proceeding for a complaint of sexual harassment—each party “has an extremely important, but nevertheless relatively equal, interest in the outcome.” This includes civil proceedings arising out of conduct that can also be criminal, but where there is no authority to impose criminal sanctions, such as a civil tort action for battery, robbery, or murder.

This goes, too, for civil cases regarding sexual violence. For instance, cases brought under California Civil Code Section 52.4, or Illinois’ Gender Violence Act.

Of course, Stone is right that expulsion may haunt a student. We should absolutely take that seriously, and I do. At the same time, let’s not forget how many students are expelled for infractions like plagiarism as compared to sexual assault; let’s not forget having been subject to sexual violence may haunt a victim; let’s not forget that being subject to sexual discrimination (including sexual harassment and assault) might, and in a number of cases has, destroyed victims’ chosen career prospects; let’s not forget that victims are often forced to transfer schools, or drop out; let’s not forget that victims have also been dragged through the nasty trenches of the internet, nor that some have been driven to suicide as a result. Moreover, let’s not forget that it is exactly these kinds of effects that educational institutions are legally obligated to address insofar as they impact one’s access to education; that is, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

 

Happy anniversary of contraception being legal for the unmarried in the US! March 23, 2016

Filed under: gender,gender inequality,health,religion,Uncategorized — noetika @ 3:47 am

 

March 22 marks the 41st anniversary of Eisenstadt v. Baird, the Supreme Court decision that established the right of single individuals to possess contraception. That’s right: As recently as 1972, you could go to jail for giving contraception to an unmarried person. And William Baird did. Eight times. In five different states.

That piece is actually three years old, but since today was the anniversary, I wanted to share — particularly since the issue of contraceptives is hitting the Supreme Court yet again this week.

 

The Politics of Sympathy October 12, 2015

“Of course, this is hardest for Geoff in this moment. For those who are willing and able, he certainly can use any understanding or support they can offer (this wouldn’t include endorsement of the mistakes he acknowledges in an open letter on his website). I ask that those who have the room for it (now or later), hear him out and judge whether there is room for redemption in all that will transpire.”

That quote is from an email sent out by Geoff Marcy’s department head, in the wake of it being made public that he has been found responsible for sexual misconduct, and that Berkeley decided in lieu of sanctions, to sign an agreement with him about what would happen if he was found responsible again.

Sympathy is complicated. I’m not a moral psychologist, so I won’t pretend to be one — but I am a philosopher who thinks about the way social and political structures can influence our beliefs. And in view of tense and complicated conversations following several cases of issues of discrimination and violence related to members of our professional communities, I haven’t been able to help but think for awhile now about how, like credibility, distributions of sympathy are political.

This seems perfectly predictable, in a certain sense. We’re ready to lend a sympathetic shoulder to our friends. We tend to consider the interests of those in our own social circles more readily than those of others at a distance. Nonetheless, the experience of it can be unexpected. The first time I was ever told that a friend had been sexually assaulted by someone I knew, my reaction was — to me — utterly surprising. Though I knew the wrong-doer, he wasn’t a friend. He wasn’t someone I cared for. The only time I ever spent around him was not of my own choosing, but rather the begrudging result of our having multiple mutual friends. Yet, when I found out that he had assaulted my friend, I found myself absolutely weeping. First, for her – that wasn’t the surprising bit – but then, for him too.

I felt more deeply for him, suddenly, and unexpectedly, than I ever had before I knew what kind of wrong-doing he was capable of. That feeling, I think, was borne out (in part) of the recognition that even in the best of possible futures, there would be no undoing what he had done. If things went as well as they could, given what had already happened, he would recognize the wrongness of his actions, and seek to make what recompense there might be. And how painful would it be to live with that knowledge? How would you cope with knowing that you have irrevocably changed someone’s life by harming them so severely? I also think this was, in part, simply because I knew him.

To be clear, I blamed him. I was angry. I wanted him to be held responsible. At the same time, I felt deep lament and sympathy. My heart ached. I wished that it weren’t true. It didn’t take much reflection to understand a little better why we can be so recalcitrant and resistant in the face of claims to harm against our friends. If I could feel so much sympathy for someone who I didn’t even like, how would I feel had he been a friend? Family?  What would I think, if I didn’t also know the victim, or the extent of the evidence? What if I were his department chair, and he were one of my department’s star researchers? 

All of this is to say, I get it. I can understand how the pull of sympathy might disrupt our priorities in a harmful way. But that doesn’t mean it’s okay.

Of course it’s fine — perhaps good hearted, even — to feel sympathetic to those among us who have acted wrongly. Sympathy for those who have acted wrongly need not necessarily conflict with an appropriate sense of justice (indeed, I think it can enrich it). But we do need to be careful about what follows. When we’re not so careful, victims can be harmed by the politics of sympathy in many ways. It isn’t news that those who attempt to come forward with allegations against the powerful, well-connected, or socially-established, often find that with friends so well-placed to offer protection and so ready to offer understanding to the perpetrator, evidence simply isn’t enough. Perpetrators may be easy to sympathize with for other reasons (like their gender, being central to a department’s research profile, their interests being closer to our own, their being well-meaning, or sincere). Victims are unjustly harmed when this translates into a resistance to the belief that a perpetrator could be guilty, or results in, once again, concern for victims’  well-being having been sacrificed for the sake of the one who harmed them as we consider the (real or imagined) difficulties that they face while setting the victims’ to the side.

All of this, of course, can be exacerbated by the fact that it’s just easier to look the other way in the first place. As Judith Herman writes, “It is very tempting to take the side of the perpetrator. All the perpetrator asks is that the bystander do nothing. He appeals to the universal desire to see, hear, and speak no evil. The victim, on the contrary, asks the bystander to share the burden of pain. The victim demands action, engagement, and remembering.”

Sympathy can be valuable, but when readiness to feel it is tied up in our social relationships, it will also, inevitably, have a political element — and that’s something we need to be especially careful with in view of the possibility of mistaking our fellow-feeling for evidence of innocence, or when it signals that we prioritize justice and care for the perpetrator over justice and care for their victims. 

It is precisely that prioritizing that is so offensive in the email quoted above. These women who came forward risked their reputations, professional prospects, being subject to public scrutiny, to seek redress for harms they never wanted to be subject to in the first place. The university responded, having found their allegations justified, by doing (roughly speaking) nothing. I am sure Geoff Marcy is having a difficult time right now, and it’s fine to recognize that. But let’s not add insult to injury for his victims.

 

Gender in International Relations Syllabi August 31, 2015

Filed under: gender inequality — Stacey Goguen @ 2:06 pm

Synopsis of some research by Jeff Colgan, political science, here.

“The data suggest that 82 percent of assigned readings in IR proseminars are written by all-male authors (i.e., women or co-ed teams account for the other 18 percent). That percentage is high, but it is also roughly consistent with the gender pattern of articles published in top IR journals (81 percent male-authored).”

“We found that female instructors tend to assign more readings by female authors than male instructors. Men or all-male teams authored “only” 71.5 percent of readings in courses taught by female instructors. By contrast, male authors wrote 79.1 percent of readings in courses taught by male instructors.  “

“Female instructors are also considerably more averse to assigning their own research as required readings. They assigned an average of 1.68 readings that they themselves had written (as solo or co-author). Male instructors assigned about twice as much of their own work: an average of 3.18 readings. “

 

How not to address sexual harassment August 19, 2015

Filed under: appearance,gender,gender inequality,politics,sexual harassment — noetika @ 1:11 am

Missouri legislature edition (via HuffPo):

“We need a good, modest, conservative dress code for both the males and females,” state Rep. Nick King (R) said in an email to colleagues. “Removing one more distraction will help everyone keep their focus on legislative matters.”

The state legislature began working on its new intern program policies after Missouri House Speaker John Diehl (R) resigned in May, when the Kansas City Star revealed he sent sexually suggestive text messages to a 19-year-old intern.

Two months later, Sen. Paul LeVota (D) resigned after two interns accused him of sexual harassment. In a statement, he denied any wrongdoing.

But the problem appears to be more widespread. Dozens of women have said they were sexually harassed while working at the state capitol. In that report, a former state senator called the culture in Jefferson City “very anything goes.”

On Monday, state Rep. Kevin Engler (R) sent out a list of proposed changes for the program to his fellow House members. The Kansas City Star reported that that’s when several legislators, initiated by state Rep. Bill Kidd (R), responded by suggesting Engler should add an intern dress code to the list.

 

Another Title IX lawsuit against Northwestern is proceeding August 15, 2015

Filed under: academia,gender inequality,law,sexual harassment — noetika @ 11:03 pm

This time, from a student in the School of Medicine.

A Feinberg School of Medicine student is suing Northwestern under Title IX saying the school responded with “deliberate indifference” after he reported he was sexually harassed by a professor.

A federal judge ruled last week that the student can move forward with his Title IX lawsuit against the University. His lawyer confirmed Friday that he will do so.

Judge Sara L. Ellis ruled Aug. 6 that the medical student can make his case that the University retaliated against him and did not respond as rapidly or as strongly to his grievances as it has to similar complaints filed by female students. Ellis dismissed the student’s allegation that the University responded inadequately to his sexual harassment complaint.

The student says a Feinberg microbiology and pathology professor sexually harassed him and later retaliated against him after the student rejected his advances by assigning him poor grades, opposing his application to a fellowship and directing others to discontinue a promised scholarship, according to the suit.

 

Judge who said 14 year old victim was partly responsible for her own rape to be given an award April 30, 2015

Filed under: gender inequality,law,sexual assault — noetika @ 7:48 pm

Next month, less than a year after he was censured by the Montana Supreme Court for comments he made while sentencing a man who raped a 14-year-old girl, retired District Judge G. Todd Baugh will receive a lifetime achievement award from the Yellowstone Area Bar Association.

Marian Bradley, president of the Montana chapter of the National Organization for Women, said there is “something absolutely wrong” with members of the local bar giving Baugh the award, according to a report in Last Best News.

“Do they not have respect for the women and children of this community?” she said. “This is outrageous.” . . .

Baugh was censured by the state high court in July 2014 for his comments during the 2013 sentencing of Stacey Dean Rambold, who was a 47-year-old business teacher at Billings Senior High School when he raped Cherice Moralez, a student of his, in 2007.

Just before her 17th birthday in 2010, while charges against Rambold were still pending, Moralez committed suicide.

Rambold later pleaded guilty in the case.

Baugh was vilified across the country after he sentenced Rambold to 15 years in prison with all but 31 days suspended.

During the sentencing, he said the 14-year-old victim was “older than her chronological age” and “as much in control of the situation” as her abuser.

After his remarks went viral and sparked public protests in Billings and other cities, Baugh apologized for his comments and acknowledged that his lenient sentence in the case violated state law.

He tried to modify the sentence retroactively, but the Montana Supreme Court ruled that he could not revise a sentence he’d already handed down.

After the Supreme Court overturned Baugh’s sentence, another district judge sentenced Rambold to 15 years in prison with five years suspended.

Read more here. 

 

 
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