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About Alexandria Gutierrez

Hello! My name is Alexandria Gutierrez, and I am a rising 3L at Boston University School of Law. I have written a Note about the reproductive rights of incarcerated women, analyzed under the lens of the Thirteenth Amendment.
This Note is important for many practical reasons. During a time of mass incarceration in the United States, civil liberties and rights take on new meanings. As the fastest growing of segment of the incarcerated population is now female, new legal questions arise in this arena. Female inmates face unique battles within the prison walls, not least of which is maintaining reproductive autonomy. The issue of whether or not female inmates may terminate a pregnancy is an open one. As it stands, the law is divided between states and circuits and inconsistent at different levels of governance.
Of course, this Note is also important for theoretical purposes. This Note examines the doctrinal developments of the Thirteenth Amendment within the prison context, particularly the meaning of the Punishment Clause. By reviewing historical practices and legal sources, this Note provides guidance to scholars and lawyers for distinguishing between permissible and impermissible forms of penal labor. This analysis is not only useful in analyzing incarcerated women’s plight to retain reproductive freedom; but, a reassessment of the history and purpose of the Punishment Clause is also vital in our continued struggled to maintain decency in our penological practices. After all, is not the test of a civilized nation the treatment of its prisoners?


Present Faculty Member, Boston University

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Reproductive Rights (1)

Prisoners' Rights (1)

Thirteenth Amendment (1)

Constitutional Theory (1)

Sexuality and the Law (1)

Criminal Law and Procedure (1)

Civil Rights and Discrimination (1)

Women (1)

Fourteenth Amendment (1)